Oregon Groundwater Regulation Hot Topics; Klamath Basin Groundwater Regulation June 28, 2018
Schroeder Law Offices Laura A. Schroeder, Shareholder Therese A. Ure, Shareholder Sarah R. Liljefelt, Shareholder Lindsay M. Thane, Associate Wyatt R. Rolfe, Of Counsel Walla Walla, WA James E. Browitt, Of Counsel Lewiston, ID
Klamath Adjudication • 1975 Notice of Adjudication (ORS 539) – Investigation – Claims (730) & Contests (5,660) – Hearings by Office of Administrative Hearings – Proposed Orders including Findings of Fact & Conclusions of Law • 2013 OWRD Final Order of Determination (FFOD) – Partial Orders of Determination for each claim
Klamath Adjudication • Effect of the FFOD: “ The determination of the department shall be in full force and effect from the date of its entry in the records of the department, unless and until its operation shall be stayed by a stay bond as provided by ORS 539.180.” (ORS 539.130(4)) • Klamath County Circuit Court (Judge Cameron Wogan) – Exceptions by October 17, 2014 @ 9 AM – Exceptions scheduled for briefing & hearings beginning in 2018
Early Priority Dates • Tribal “time immemorial” rights • Former reservation 1864 rights • Klamath Project ~1905 rights – 240,000 acres
Conjunctive Management • Klamath Adjudication = surface water • 1955 Ground Water Code: “Whenever wasteful use of ground water, impairment of or interference with existing rights to appropriate surface water , declining ground water levels, alteration of ground water temperatures that may adversely affect priorities or impair the long-term stability of the thermal properties of the ground water, interference among wells, thermal interference among wells, overdrawing of ground water supplies or pollution of ground water exists or impends, controlled use of the ground water concerned be authorized and imposed under voluntary joint action by the Water Resources Commission and the ground water users concerned whenever possible, but by the commission under the police power of the state except as specified in ORS 537.796, when such voluntary joint action is not taken or is ineffective.” (ORS 537.525(9))
Conjunctive Management • OAR Chapter 690 Division 9 • Step #1: Is the source of groundwater hydraulically connected to surface water? (OAR 690-009-0040(1)&(2)) – Confined or unconfined? – Less than ¼ mile & unconfined = hydraulic connection “assumed” – ¼ mile + = “best available information” – Hydraulic connection: “water can move between a surface water source and an adjacent aquifer”
Conjunctive Management • Step #2: Is there potential for substantial interference? (OAR 690- 009-0040(4)&(5)) • “Assumed” if: – Less than ¼ mile – Less than 1 mile & rate higher 5 cfs – Rate higher than 1% instream flow/right or 80% exceedance rate – 30 day stream depletion 25% of rate • Equations/computer model – Catchall with factors
Conjunctive Management • Step #3: Would control provide effective and timely relief? – 2014-2017: Division 25 local rules for Upper Klamath Basin – 2018 & Future: OAR 690-009-0050(2) • Same methods as used to determine PSI under 25% rate of appropriation standard 11
OWRD Models • Bruce Hunt 2003 analytical model equation • 2012 USGS numerical model
Current Status • 2015-2017: 38 wells • 2018: Many more wells • Petitions for Judicial Review going through the circuit & appellate courts • Aggravating factors: – Off-season time immemorial flow rights – Drought – BOR ESA water level requirements – Dam removal & less stored water
Questions? Sarah R. Liljefelt Schroeder Law Offices, P.C. s.liljefelt@water-law.com www.water-law.com
Recommend
More recommend
