OWRD Notice of Proposed Rulemaking: Local rules governing control of well use in the Upper Klamath Basin

Important Notice from Klamath Tribal Council

KLAMATH TRIBES WATER NOTICE, COMMENTS & PUBLIC HEARINGS

NOTICE: This is an opportunity for Tribal Members to submit public comment regarding OWRD Groundwater regulation, and attend the public hearings to voice your concern.

The Klamath Tribes OPPOSE the Proposed OWRD (Oregon Water Resources Department) Interim Ground Water Rule as the Tribe does not feel this interim rule adequately protects the Klamath Tribes’ Senior Water Rights.

The Klamath Tribes agree that protection is needed beyond the current Division 9 rule is necessary, and the current rule revision process could lead to needed improvements.  We support a process that leads to revisions that are protective of all rights, however, the current proposed interim rule does not do this. (*See our comments/recommended changes on the attached document.)

The Klamath Tribes, however, could support an interim rule that is protective of the Klamath Tribes adjudicated claim water levels. The current proposed interim rule must be revised to do so.

If you have questions you wish additional information, please contact:

Brad Parrish/Klamath Tribes Water Rights Specialist

541-783-2219 ext. 234

or

Don Gentry/Klamath Tribal Chairman

541-783-2219 ext. 100


  1. *(See the OWRD Notice of Proposed Rulemaking below from Ivan Gall, Field Service Division Administrator).
  1. *(See the attached Klamath Tribes Comments to RAC Meeting Notes and Recommended Changes Proposed Interim Rules, by Brad Parrish, KT Water Rights Specialist).

       Note: Klamath Tribes proposed changes are seen in the attached letter in red.

  1. *The Klamath Tribal Council encourages our membership to submit comments – (see below how to submit electronically or in writing).

               *For information on comments you can contact Brad Parrish, Water Rights Specialist at 541-783-2219 ext. 234 or Chairman Gentry at 541-783-2219 ext. 100)

            Important note: Comments due by March 4, 2019 by 5:00pm

  1. *We encourage our tribal members to attend the Public Hearings: Feb. 21 in Salem, Oregon and Feb. 26 in Klamath Falls, Oregon (see below).

Klamath Tribes Jan 25 comments including recommended changes

HEARINGS

FIRST HEARING

DATE: 02/21/2019

TIME: 3:30 PM

LOCATION: Oregon Water Resources Dept.

725 Summer Street NE, Suite A

Room 124

Salem, OR 97301

SPECIAL INSTRUCTIONS: This hearing is during the Water Resources Commission meeting. To submit testimony, please sign up to testify no later than 3:45 PM.

SECOND HEARING

DATE: 02/26/2019

TIME: 1:00 PM – 3:00 PM

LOCATION: Oregon Institute of Technology

3201 Campus Drive

Mt. Scott Room

Klamath Falls, OR 97601

To make a comment go to:

WEBSITE LINK:

https://apps.wrd.state.or.us/apps/misc/wrd_notice_view/default.aspx?notice_id=37

REQUEST FOR COMMENTS:

The Oregon Water Resources Department (OWRD) invites the public to submit written comments or to attend a public hearing on the proposed rule amendments. In addition to feedback on the proposed rules, under ORS 183.335(2)(b)(G), the Department is also requesting public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing negative economic impact of the rule on business.

HOW TO SUBMIT WRITTEN COMMENTS:

Comment Period: Written comments must be submitted by 5:00 p.m. on March 4, 2019.

Written comments may be submitted to:

Mail: Racquel Rancier, Senior Policy Coordinator

Oregon Water Resources Department,
725 Summer St. NE, Suite A

Salem, OR 97301-1271

Fax: (503) 986-0903, Attn: Racquel Rancier

Email: racquel.r.rancier@oregon.gov

PUBLIC HEARINGS:

Two public hearings are scheduled for this rulemaking:

FIRST HEARING

DATE: 02/21/2019

TIME: 3:30 PM

LOCATION: Oregon Water Resources Dept.

725 Summer Street NE, Suite A

Room 124

Salem, OR 97301

SPECIAL INSTRUCTIONS: This hearing is during the Water Resources Commission meeting. To submit testimony, please sign up to testify no later than 3:45 PM.

SECOND HEARING

DATE: 02/26/2019

TIME: 1:00 PM – 3:00 PM

LOCATION: Oregon Institute of Technology

3201 Campus Drive

Mt. Scott Room

Klamath Falls, OR 97601

SPECIAL ACCOMODATIONS: If you need special accommodations to participate in the public hearings, please contact the Department at (503) 986-0828, at least 48 hours prior to the hearing.

CONTACT FOR QUESTIONS OR MORE INFORMATION:

Ivan Gall, Field Services Division Administrator

503-986-0847

Ivan.K.Gall@oregon.gov

Subject: OWRD Notice of Proposed Rulemaking: Local rules governing control of well use in the Upper Klamath Basin

Ivan Gall

FIELD SERVICES DIVISION ADMINISTRATOR

725 Summer Street NE, Suite A Salem, OR 97301 | Phone 503-986-0847

Integrity | Service | Technical Excellence | Teamwork | Forward-Looking



Oregon Water Resources Department



Notice of Proposed Rulemaking and Invitation to Comment

RULE CAPTION:

Local rules governing control of well use in the Upper Klamath Basin

SUMMARY:

In the Klamath Basin, significant amounts of groundwater discharges to surface water, such as springs, streams, and rivers. Pumping wells capture some of this water, reducing the amount of surface water. Surface water sources provide water to holders of surface water rights and determined claims. Surface water and groundwater are managed based on a system of prior appropriation where junior water right holders (those with newer water rights) are shutoff to meet the call of a senior water right holder (older water rights) in times of insufficient supply to meet all rights. Similarly, junior groundwater rights can be regulated off to provide water to senior water rights, including surface water rights where there is evidence of hydraulic connection. In the 2000s through present, significant data were collected in the basin and several reports documented hydraulic connection between surface water and groundwater in the basin. As regulation of surface water rights began in the basin in 2013, efforts to find a compromise to regulation began to include groundwater. As a result, the 2014 Upper Klamath Basin Comprehensive Agreement (UKBCA), negotiated by a broad group of stakeholders and governmental entities, addressed water management in the Off-Project area of the Klamath Basin, including groundwater regulation. Provisions of the UKBCA addressing the control of groundwater use were incorporated into OAR 690-0025-0010 rules, with the provision that if the agreement was terminated, the rules would no longer be effective. In December 2017, the agreement was terminated, making the OAR 690-0025-0010 rules no longer in effect. As a result, this rulemaking is needed to repeal the rules OAR 690-025-0010 that are no longer in effect following termination of the UKBCA. Regulation under the existing OAR 690-009 statewide rule has resulted in litigation, prompting these proposed basin specific interim rules. As a result, this rulemaking proposes to adopt OAR 690-025-0020, -0025, and -0040 to establish procedures for the control of groundwater uses to protect senior surface water rights in the Upper Klamath basin, while further engagement is conducted in the area to develop a longer term approach for water management in the area. These proposed rules are intended to be in effect until March 1, 2021 when more comprehensive rules are expected to be adopted after significant engagement and outreach with individuals in the basin.

ATTACHMENTS:

Notice of Proposed Rulemaking including Statement of Need and Fiscal Impact and Proposed Rules

WEBSITE LINK:

https://apps.wrd.state.or.us/apps/misc/wrd_notice_view/default.aspx?notice_id=37


REQUEST FOR COMMENTS:

The Oregon Water Resources Department (OWRD) invites the public to submit written comments or to attend a public hearing on the proposed rule amendments. In addition to feedback on the proposed rules, under ORS 183.335(2)(b)(G), the Department is also requesting public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing negative economic impact of the rule on business.

HOW TO SUBMIT WRITTEN COMMENTS:

Comment Period: Written comments must be submitted by 5:00 p.m. on March 4, 2019.

Written comments may be submitted to:

Mail: Racquel Rancier, Senior Policy Coordinator

Oregon Water Resources Department,
725 Summer St. NE, Suite A

Salem, OR 97301-1271

Fax: (503) 986-0903, Attn: Racquel Rancier

Email: racquel.r.rancier@oregon.gov


PUBLIC HEARINGS:

Two public hearings are scheduled for this rulemaking:

FIRST HEARING

DATE: 02/21/2019

TIME: 3:30 PM

LOCATION: Oregon Water Resources Dept.

725 Summer Street NE, Suite A

Room 124

Salem, OR 97301

SPECIAL INSTRUCTIONS: This hearing is during the Water Resources Commission meeting. To submit testimony, please sign up to testify no later than 3:45 PM.

SECOND HEARING

DATE: 02/26/2019

TIME: 1:00 PM – 3:00 PM

LOCATION: Oregon Institute of Technology

3201 Campus Drive

Mt. Scott Room

Klamath Falls, OR 97601

SPECIAL ACCOMODATIONS: If you need special accommodations to participate in the public hearings, please contact the Department at (503) 986-0828, at least 48 hours prior to the hearing.

CONTACT FOR QUESTIONS OR MORE INFORMATION:

Ivan Gall, Field Services Division Administrator

503-986-0847

Ivan.K.Gall@oregon.gov