1. (1) These rules have been developed to implement a water quality management area plan for the Middle Deschutes Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191, due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads and allocate a load to agricultural nonpoint sources. The area plan is known as the Middle Deschutes Agricultural Water Quality Management Area Plan. After adoption of the TMDLs, these rules will be reviewed and modified as needed to provide reasonable assurance that the load allocations for agriculture will be met.
2. (2) The purpose of these rules is to outline requirements for landowners in the Middle Deschutes Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Middle Deschutes Agricultural Water Quality Management Area.

3. (3) Failure to comply with any provisions of the Middle Deschutes Agricultural Water Quality Management Area Plan:

   1. (a) Does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of 603-095-0010 to 603-095-1660;
   2. (b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person.

4. (4) Nothing in the Middle Deschutes Agricultural Water Quality Management Area Plan shall be:

   1. (a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC § 1251–1376;
   2. (b) Used to interpret any requirement of OAR 603-095-1600 to 635-095-1660.

Statutory/Other Authority

ORS 561.190 - 561.191 & 568.912

Statutes/Other Implemented

ORS 568.900 - 568.933

History

DOA 43-2026, minor correction filed 02/25/2026, effective 02/25/2026
DOA 20-2001, f. & cert. ef. 9-20-01