Or. Admin. R. 690-086-0130

Current through Register Vol. 63, No. 8, August 1, 2024

Section 690-086-0130 - Criteria for Approval of a Municipal WMCP

In order to approve a Municipal WMCP under OAR 690-086-0915, the Department must find that:

(1) The plan includes each of the required elements under OAR 690-086-0125;

(2) The projections of future water need in the water management and conservation plan are reasonable and consistent with available land use plans and the Municipal Water Supplier has demonstrated a need for the quantity of water to be diverted during the next 20 years under each permit held by the water supplier;

(3) For each of the water conservation measures required under OAR 690-086-0150(4) and, as applicable, OAR 690-086-0150(5), the plan includes a reasonable and appropriate schedule with five year Benchmarks for implementation of conservation activities;

(4) If applicable, for each of the water conservation measures required under OAR 690-086-0150(5), the plan includes:

(a) A reasonable and appropriate schedule with five year Benchmarks for implementation of conservation activities; or

(b) Documentation to demonstrate that implementation of the measure is neither feasible nor appropriate to ensure efficient use of water and the prevention of waste and the supplier has used a suitable methodology in evaluating the measure;

(5) The identification of resource issues under OAR 690-086-0140(5)(i) is accurate and complete;

(6) The Water Curtailment Element required under OAR 690-086-0160 satisfactorily promotes water curtailment practices and the coordination of usage regulation, taking into account state water law and local conditions, or is substantially the same as a curtailment plan prepared pursuant to ORS 536.780 and OAR 690-019-0090 and approved by the Department within the previous five years;

(7) If during the next 20 years the maximum rate of water diverted under an Extended Permit will be greater than the maximum rate authorized for diversion under the extension or previously approved water management and conservation plan:

(a) The plan includes a schedule for development of any conservation measures that would provide water at a cost that is equal to or lower than the cost of other identified sources, unless the supplier has provided sufficient justification for the factors used in selecting other sources for development;

(b) Increased use from the source is the most feasible and appropriate water supply alternative available to the supplier; and

(c) If mitigation is legally required to address limitations or restrictions on the development of permits for which resource issues are identified under OAR 690-086-0140(5)(i), the plan contains documentation that the supplier is complying with the mitigation requirements. The Department may consult with federal and state agencies in making this determination.

(8) For review of water management and conservation plans that propose to increase the maximum rate of water diverted under an Extended Permit, after January 1, 2042, that the additional diversion of water will not impair or be detrimental to the public interest.

Or. Admin. R. 690-086-0130

WRD 4 2002, f. & cert. ef. 11-1-02; WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572

Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010