From: Barry Norris [norrisbf@wrd.state.or.us] Sent: Monday, August 25, 2008 1:11 PM To: Said Amali Subject: RE: Task 1.D tech memo Said I offer the following comments regarding the memo: In your reference to Columbia River water availability September is repeatedly listed as a month when water can be withdrawn. You might note that Division 33 rules prevent the withdrawal of water from the Columbia above Bonneville Dam during the month of September with some exemptions. One of the exceptions is for multipurpose storage projects or other projects with measurable public benefits. For either the ASR LL or permit, WRD can condition them to allow recovery up to 100% of the injected volume. (OAR 690-350-0020(5)(j) & 0030(6)(f)) For AR permitting, WRD can condition to allow recovery up to 85% of the recharged water pursuant to negotiation or 100% (by context) pursuant to a definitive groundwater investigation. (OAR 690-350- 0120(5)(f)). See administrative rule language below: Aquifer Storage & Recovery 690-350-0030(6)(c)(A)(iv) Upon written request from the permittee for changes in the limits for the recovery of stored water. Any person operating an ASR project under a permit, upon approval by the Director, may recover up to 100 percent of the water stored in the aquifer storage facility if valid scientific data gathered during operations under the limited license or permit demonstrate that the injected source water is not lost through migration or other means and that groundwater otherwise present in the aquifer has not been irretrievably lost as a result of aquifer storage or recovery. Artificial Recharge 690-350-0120(5)(f) Determination of Stored Recharge Water. The permit shall specify the formula to determine the availability of artificially recharged groundwater for appropriation. The formula shall result from one of the following: (A) Negotiation. The applicant and the Department may negotiate a formula which relies principally on water levels in wells, metered quantities of recharge, secondary permit withdrawals, and hydrogeologic conditions in the area. At permit issuance, stored recharge water may be credited at up to 85 percent of water metered to the place of recharge. Withdrawals of stored recharge water shall be debited at 100 percent of metered values. Calculations of stored recharge water shall be based only on recharge over the last five years; (B) Definitive Groundwater Investigation. The applicant may present a definitive groundwater investigation as a method to determine stored recharge water. The Director must be satisfied that use of such information accurately describes the quantity and location of water available for withdrawal as a result of the recharge. That quantity must be in excess of the groundwater which would be available if artificial recharge were not practiced. If no agreement is reached by negotiation, the applicant must determine stored recharge water by a definitive groundwater investigation. Barry