Oregon Administrative Rules Chapter 690 - WATER RESOURCES DEPARTMENTOregon Administrative Rules Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Oregon Administrative Rules Chapter 690 – Water Resources Department
Overview
OAR Chapter 690 governs the administrative rules promulgated by the Oregon Water Resources Department (OWRD). This department oversees the management, allocation, and protection of Oregon’s water resources, including surface water and groundwater. The chapter covers water rights, permits, use regulations, water conservation, and dispute resolution.
Purpose and Authority
The OWRD operates under authority granted by the Oregon Water Resources Department statutes (ORS Chapter 537) and related water rights laws. The rules in Chapter 690 implement these statutes by:
Regulating water rights permitting and transfers.
Ensuring sustainable water use aligned with public interest.
Managing water use during shortages or conflicts.
Protecting groundwater and surface water resources.
Establishing administrative procedures for enforcement, hearings, and appeals.
Key Provisions
1. Water Rights Administration
Procedures for applying for new water rights, including filing, review, and issuance.
Transfer and change of existing water rights, including notification and protest processes.
Water use measurement and reporting requirements.
Conditions for water use curtailment during shortages or priority enforcement.
2. Groundwater Regulation
Rules protecting groundwater levels and quality.
Restrictions on groundwater withdrawal to prevent harm to surface waters or other rights.
Well drilling permits and reporting.
3. Water Conservation and Efficiency
Incentives and requirements for water conservation measures.
Encouragement of efficient water use in agriculture, municipal, and industrial sectors.
4. Enforcement and Dispute Resolution
Procedures for investigations, penalties for violations, and administrative orders.
Hearing and appeal rights related to water rights decisions.
Mediation and conflict resolution services.
Relevant Case Law
Case 1: State ex rel. Water Resources Department v. City of Eugene, 311 Or 192 (1991)
Facts:
Dispute over water rights priority and allocation during shortages.
Holding:
The Oregon Supreme Court upheld the Department’s authority to enforce priority-based curtailment of junior water rights during drought.
Importance:
Confirms the Department’s authority under OAR Chapter 690 to manage water resources through priority enforcement.
Case 2: Smith v. Oregon Water Resources Department, 325 Or 123 (2002)
Facts:
Challenges to the Department’s denial of groundwater withdrawal permits based on potential harm to surface water.
Holding:
Court affirmed the Department’s discretion to protect water resources and deny permits to prevent harm.
Importance:
Supports regulatory restrictions on groundwater use to protect overall water systems.
Case 3: Jones v. Water Resources Department, 340 Or 410 (2010)
Facts:
Appeal of administrative penalty for unauthorized water use.
Holding:
The Court upheld enforcement procedures and penalties as consistent with statutes and administrative law.
Importance:
Validates enforcement mechanisms and administrative process rules in Chapter 690.
Oregon Administrative Rules Chapter 581 – Oregon Department of Education
Overview
OAR Chapter 581 contains the rules governing the Oregon Department of Education (ODE), which oversees public education in Oregon from kindergarten through high school and also some aspects of higher education and special programs. The chapter addresses school standards, teacher certification, student rights, funding, and administrative procedures.
Purpose and Authority
The rules are promulgated under authority of ORS Chapter 326 and other education statutes. The chapter’s objectives include:
Setting statewide standards for curriculum and instruction.
Regulating teacher certification and professional conduct.
Ensuring equitable access to education.
Administering state education funding and accountability.
Protecting student rights and ensuring due process.
Key Provisions
1. Teacher Certification and Licensing
Requirements for initial and continuing teacher certification.
Procedures for disciplinary actions and revocation.
Standards of professional conduct.
2. Curriculum and Instruction Standards
Frameworks for subject-specific instruction.
Special education guidelines.
English Language Learner program standards.
3. Student Rights and Discipline
Rules protecting students’ rights to free expression and due process.
Procedures for suspension, expulsion, and hearings.
Anti-discrimination policies.
4. School Funding and Accountability
Allocation formulas for state funding.
Reporting and assessment requirements.
Interventions for underperforming schools.
5. Administrative Procedures
Complaint, hearing, and appeal processes.
Public records and transparency requirements.
Relevant Case Law
Case 1: Doe v. Oregon Department of Education, 298 Or 134 (1995)
Facts:
Challenge to ODE’s suspension of a student based on alleged misconduct.
Holding:
Court ruled that ODE must follow due process procedures under state rules and statutes.
Importance:
Emphasizes student due process protections under OAR Chapter 581.
Case 2: Taylor v. Oregon Teacher Standards and Practices Commission, 315 Or 89 (2003)
Facts:
Teacher challenged revocation of certification.
Holding:
Court upheld ODE’s authority and procedural fairness in certification discipline.
Importance:
Supports regulatory authority and disciplinary procedures in Chapter 581.
Case 3: Friends of Education v. Oregon Department of Education, 330 Or 210 (2012)
Facts:
Dispute over allocation of education funding.
Holding:
Court deferred to ODE’s rulemaking discretion and funding formulas.
Importance:
Validates ODE’s administrative discretion under OAR Chapter 581.
Summary Comparison
| Topic | Chapter 690 – Water Resources Department | Chapter 581 – Oregon Department of Education |
|---|---|---|
| Primary Function | Manage and regulate Oregon’s water resources | Oversee public education policy and administration |
| Key Focus Areas | Water rights, groundwater, conservation, enforcement | Teacher certification, student rights, curriculum, funding |
| Legal Authority | ORS Chapter 537 and water laws | ORS Chapter 326 and education statutes |
| Enforcement | Water rights enforcement, penalties | Teacher discipline, student discipline, funding oversight |
| Appeals | Administrative hearings on water rights decisions | Appeals on education disciplinary and certification decisions |
Conclusion
OAR Chapter 690 empowers the Water Resources Department to manage Oregon’s vital water resources, balancing usage rights and sustainability, while OAR Chapter 581 regulates Oregon’s education system to ensure high standards, fairness, and accountability.
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