1. (1) To establish a schedule for reductions in groundwater use, the Department will determine an initial allotment for each groundwater right within the critical groundwater area. For each groundwater right not exempt from corrective controls as defined in OAR 690-512-0041(8), the initial allotment will be implemented through an order after completion of the contested case process as required in OAR 690-010. The initial allotment shall not exceed the total rate or duty authorized on the water right.
2. (2) In determining the initial allotment for each primary and supplemental groundwater right with an irrigation use, the Department will allot a volume of water based on a maximum of 2.5 acre-feet per acre for groundwater rights not subject to forfeiture and the number of acres beneficially irrigated in the five-year period from 2020 to 2024.

3. (3) In determining the initial allotment for each groundwater right with use types other than irrigation, municipal, and quasi-municipal, the department will consider:

   1. (a) The limits of the groundwater rights;
   2. (b) Beneficial use in the five-year period from 2020 to 2024;
   3. (c) Whether or not a water user is physically capable of putting the appropriated water to beneficial use; and
   4. (d) Any other factors deemed appropriate by the Department to determine historic beneficial use.

Statutory/Other Authority

ORS 537.735 & ORS 537.742

Statutes/Other Implemented

ORS 536.027, ORS 537.780, ORS 537.525, ORS 537.735, ORS 537.742 & ORS 536.300

History

WRD 1-2026, adopt filed 01/12/2026, effective 01/12/2026