Or. Admin. R. 690-086-0915

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

Section 690-086-0915 - Final Review of Plans

(1) Upon receipt of a proposed final plan, the Department shall evaluate the plan to determine if it includes the required elements of OAR 690-086-0125 to 690-086-0170 for a Municipal WMCP, OAR 690-086-0225 to 690-086-0270 for a water management and conservation plan submitted by an Agricultural Water Supplier-, or OAR 690-086-0325 to 690-086-0370 for an Alternate Municipal WMCP. The evaluation shall be limited to a review of modifications in the plan and issues that were identified in the Department's written comments provided under OAR 690-086-0910 and, if any deficiencies are identified, the Department's review shall cite the relevant statute or rule.

(2) If the Department determines that the final plan does not include 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 690-086-0325 to 690-086-0370 for an Alternate Municipal WMCP, the Department shall consult with the water supplier and may provide additional time to correct any discrepancies.

(3) 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.

(4) For a Municipal WMCP submitted by a Municipal Water Supplier, if the Department determines that the proposed final plan includes the required elements under OAR 690-086-0120 to 690-086-0170 and meets the applicable criteria under OAR 690-086-0130, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to 690-086-0905 of the approval. The Department's order shall include the following:

(a) A quantification of the maximum amount of water to be diverted during the next 20 years under each Extended Permit, or for a longer period as specified for an extended reservoir permit;

(b) The date on which an updated plan shall be submitted to the Department. A Municipal Water Supplier may submit an updated plan at any time prior to the date specified if necessary to accommodate unanticipated events. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan; and

(c) Provided the date specified in subsection (b) for submittal of an updated plan is greater than 5 years, a schedule for submittal of a five-year progress report on implementation of the water conservation and supply measures described in the plan.

(5) For a water management and conservation plan submitted by an Agricultural Water Supplier, if the Department determines that the proposed final plan satisfies the relevant requirements or if the water supplier satisfactorily corrects any identified discrepancies, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 of the approval. The Department shall specify in the order approving the plan if an updated plan shall be required and, if so, the date on which the updated plan shall be submitted to the Department. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan.

(6) For an Alternate Municipal WMCP submitted by a Small 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 690-086-0330.

(7) For an Alternate Municipal WMCP submitted by a Small Municipal Water Supplier, if the Department determines that the proposed final plan includes the required elements under OAR 690-086-0320 to 690-086-0370 and meets the applicable criteria under OAR 690-086-0330, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 of the approval. The Department's order shall include the following:

(a) A quantification of the maximum amount of water to be diverted during the next 20 years under each Extended Permit, or for a longer period as specified for an extended reservoir permit (not to exceed existing development limitations established by a final order(s) issued by the Department);

(b) The date on which an updated plan shall be submitted to the Department. A Small Municipal Water Supplier may submit an updated plan at any time prior to the date specified if necessary to accommodate unanticipated events. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan; and,

(c) Provided the date specified in subsection (b) for submittal of an updated plan is greater than 5 years, a schedule for submittal of five-year progress reports on implementation of the water conservation and supply measures described in the plan.

(8) The Department shall issue a final order denying approval of the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 of the issuance of the order if:

(a) The Department determines that the proposed final plan does not contain the plan elements required under OAR 690-086-0125 for a Municipal WMCP, 690-086-0225 for a water management and conservation plan submitted by an Agricultural Water Supplier, or 690-086-0325 for an Alternate Municipal WMCP;

(b) The plan does not meet the criteria under OAR 690-086-0130 for a Municipal WMCP or under 690-086-0330 for an Alternate Municipal Water WMCP;

(c) The Municipal Water Supplier has failed to adequately justify a request for additional time to implement water Metering under OAR 690-086-0150(4)(b) for a Municipal WMCP, or a Benchmark established in a previously approved plan; or

(d) The Small Municipal Water Supplier has failed to adequately justify a request for additional time to implement water Metering under OAR 690-086-0350(4)(b) for an Alternate Municipal WMCP, or a Benchmark established in a previously approved plan; or

(e) The work plan submitted under OAR 690-086-0900(3) is insufficient for completing the additional work necessary to satisfy the requirements of these rules.

Or. Admin. R. 690-086-0915

WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0910(7); 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