Or. Admin. Code § 690-033-0330

Current through Register Vol. 63, No. 11, November 1, 2024

Section 690-033-0330 - Review of Proposed Water Use

(1) If the Department concludes during the initial review that a proposed water use will occur in an area that may affect the habitat of sensitive, threatened or endangered fish species, the Department shall:

(a) Notify the applicant that based on a preliminary determination, the proposed use may affect the habitat of sensitive, threatened or endangered fish species and the application may be

conditioned or denied.

(b) Notify the interagency review team that an application has been received in an area that may affect the habitat of sensitive, threatened or endangered fish species.

(2) The interagency review team shall be convened, as needed, to review applications which the Department determines may affect sensitive, threatened or endangered fish species. Parti-cipating agencies may also request interagency review of specific applications. When reviewing applications, the interagency review team shall apply the following standards:

(a) In areas of the state outside of the Columbia Basin where threatened and endangered fish species are located, no loss of es-sential habitat as defined in OAR 635-415-0005(4).

(b) In all areas of the state where sensitive species are located, no net loss of essential habitat as defined in OAR 635-415-0005(4).

(3) The interagency review team, whenever possible, will recommend conditions to the application necessary to achieve the standards listed in 690-033-0330(2)(a) and (b).

(4) If the interagency review team cannot identify conditions that meet the standards listed in 690-033-0330(2) (a) and (b), the interagency review team shall recommend denial of the application unless it concludes that the proposed use would not harm the species.

Or. Admin. Code § 690-033-0330

WRD 6-1996, f. & cert. ef. 7-11-96

Stat. Auth.: ORS 536.025 & ORS 536.027

Stats. Implemented: ORS 537.140 - ORS 537.190