Or. Admin. Code § 603-095-1640

Current through Register Vol. 63, No. 12, December 1, 2024

Section 603-095-1640 - Requirements

(1) Landowners must comply with OAR 603-095-1640(2) through (6) within the following limitations:

(a) A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from activities by landowners on other lands. A landowner is not responsible for conditions that: are natural, could not have been reasonably anticipated, or that result from unusual weather events or other exceptional circumstances.

(2) Streamside Area:

(a) By January 1, 2005, activities must allow the establishment and development of riparian vegetation, consistent with site capability, for streambank stability and stream shading.

(b) By January 1, 2005, activities must allow the establishment and development of vegetation or the presence of an equally effective erosion control device or practice for filtering out sediments before they enter perennial streams.

(3) Instream structures:

(a) Effective on rule adoption, temporary irrigation diversions must:

(A) Be constructed and operated only during periods of irrigation.

(B) Not hinder channel carrying capacity between November 1 and March 1 to accommodate anticipated or expected seasonal streamflow.

(C) Not increase instream turbidity during operation by more than 10%, compared to a point just upstream of the diversion.

(b) By January 1, 2007, temporary irrigation diversions must not contribute to channel instability.

(4) Waste Management:

(a) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

(5) Irrigation Tailwater:

(a) Effective on rule adoption, irrigation tailwater must not increase the turbidity of the perennial stream into which it drains by more than 10%, compared to a point just upstream of the tailwater discharge.

(6) Nutrients:

(a) Effective on rule adoption, nutrient application rates and timing must not exceed specific crop requirements. Crop nutrients will be based on recommendations from the best available data applicable to a specific site.

Or. Admin. Code § 603-095-1640

DOA 20-2001, f. & cert. ef. 9-20-01

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912

Stats. Implemented: ORS 568.900 - ORS 568.933-