Or. Admin. R. 690-086-0910

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

Section 690-086-0910 - Preliminary Review of Draft Plans

(1) The Department shall undertake a preliminary review of the draft plan and the comments received pursuant to OAR 690-086-0905 to determine whether the plan includes the required elements of OAR 690-086-0120 to 690-086-0170 for a Municipal WMCP, OAR 690-086-0220 to 690-086-0270 for a water management and conservation plan submitted by an Agricultural Water Supplier, or OAR 690-086-0320 to 690-086-0370 for an Alternate Municipal WMCP, as applicable.

(2) For a Municipal WMCP submitted by a Municipal Water Supplier, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0130.

(3) For a water management and conservation plan submitted by an agricultural water supplier the Department shall review the plan to determine whether:

(a) The plan includes the information required in OAR 690-086-0240;

(b) The water supplier has complied with the requirements of OAR 690-086-0250 and has included a description of the actions to be taken in the implementation of water conservation measures that are feasible and appropriate for ensuring the efficient use of water delivered and the prevention of waste; considering:

(A) The economic feasibility of the measures for the water supplier;

(B) Any likely adverse environmental impacts of implementation of the measures;

(C) Whether the measures are available and proven;

(D) The time needed to implement the measures;

(E) The effects of local variations in soil type and weather on the potential for successful implementation of the measures; and

(F) Whether the measures are consistent with other relevant water management plans and subbasin conservation plans.

(c) The water allocation/curtailment element prepared under OAR 690-086-0260 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; and

(d) The water supplier has included the information required in OAR 690-086-0270, and, in the list of potential sources of water to meet projected demands, included the development of any conservation measures which are available at a cost which is lower than the cost of other identified sources or has provided sufficient justification for the factors used in selecting other sources for development.

(4) For an Alternate Municipal WMCP submitted by Small Municipal Water Supplier that meets the applicability requirements of OAR 690-086-0300, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0330.

(5) Upon completion of the preliminary review and no later than 90 days after receipt of a draft plan, the Department shall:

(a) After considering public comments, provide the Department's written comments on the plan to the water supplier and any person who submitted comments pursuant to OAR 690-086-0905; or

(b) After considering public comments if the Department determines that the draft plan includes:

(A) The required plan elements under OAR 690-086-0125 for a Municipal WMCP, OAR 690-086-0225 for a water management and conservation plan submitted by an Agricultural Water Supplier, or OAR 690-086-0325 for an Alternate Municipal WMCP; and

(B) For a Municipal WMCP, that the plan meets the criteria under OAR 690-086-0130; or

(C) For an Alternate Municipal WMCP, that the plan meets the criteria under OAR 690-086-0330.

(c) The Department shall issue a final order approving the plan pursuant to OAR 690-0086-0915(4), (5), or (7) and notify any person who submitted comments pursuant to OAR 690-086-0905 of the issuance of the order.

(6) The Department shall include in its written comments prepared under section (5) of this rule:

(a) For any deficiency identified in the review, a citation of the relevant statute or rule;

(b) To the extent necessary and possible, identification of any constraints to implementation of the water management and conservation plan and recommendations on appropriate actions to conserve water or to secure any identified new sources of water;

(c) An evaluation of the extent to which a request for additional time under OAR 690-086-0900(2) satisfies the relevant requirements of the rules;

(d) A period of time of not less than 60 days for the water supplier to respond to the Department's review;

(e) A period of time of not more than 120 days for the water supplier to submit a final plan to the Department; and

(f) Copies of any written comments received pursuant to OAR 690-086-0905.

(7) If the water supplier fails to submit a final plan to the Department within 120 days after receipt of the Department's preliminary review, the Department may:

(a) Issue a final order denying approval of the plan; or

(b) Issue a final order approving the plan as it is understood by the Department at the time of preliminary review as defined under section (1) of this rule.

(8) If the Department does not meet the 90-day deadline for preliminary review in section (5) of this rule:

(a) For purposes of ORS 540.572 to 540.578, a water management and conservation plan submitted by an Agricultural Water Supplier is deemed approved for the period from the expiration of the 90-day deadline until 120 days after the Department provides written comments under section (5) of this rule; and

(b) For Municipal Water Supplier s whose additional diversion of water under an Extended Permit is only authorized upon issuance of a final order approving a water management and conservation plan, notwithstanding OAR chapter 690, division 315, the Director may by order authorize diversion of an additional specified quantity of water as necessary to prevent harm to public welfare, safety and health.

Or. Admin. R. 690-086-0910

WRD 11-1994, f. & cert. ef. 9-21-94; 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