Or. Admin. Code § 690-505-0010

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

Section 690-505-0010 - Middle Deschutes River Basin

(1) Classifications:

(a) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Middle Deschutes River Basin, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, municipal, irrigation, power development, industrial, mining, recreation, wildlife and fish life uses and the waters of the Middle Deschutes River Basin are hereby so classified with the following exceptions:

(A) OAR 690-505-0050, Lower Main Stem Deschutes River, adopted April 3, 1964, as modified by the Water Policy Review Board;

(B) The maximum economic development of this state, the attainment of the main stem Metolius River, above river mile 13.0, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, power development, recreation, wildlife and fish life uses and the waters of the main stem, Metolius River, above river mile 13.0, are hereby so classified;

(C) Further, no out-of-basin diversions of the waters of the mainstem Metolius River, above river mile 13.0, shall be permitted for any use;

(D) No further appropriations except for domestic or livestock uses shall be permitted for waters of the mainstem Deschutes River, from the head of Lake Billy Chinook near river mile 120 to the North Canal Dam near river mile 165;

(E) The maximum economic development of this state, the attainment of the highest and best use of the waters of the natural lakes of the Middle Deschutes River Basin, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, power development not to exceed 7-1/2 theoretical horsepower, recreation, wildlife and fish life uses.

(b) Applications for the use of the waters of the Middle Deschutes River Basin shall not be accepted by any state agency for any other use and the granting of applications for such other uses is declared to be prejudicial to the public interest and the granting of applications for such other uses would be contrary to the integrated and coordinated program for the use and control of the water resources of the state;

(c) Structures or works for the utilization of the waters in accordance with the aforementioned classifications are also declared to be prejudicial to the public interest unless planned, constructed and operated in conformity with the applicable provisions of ORS 536.310 and any such structures or works are further declared to be prejudicial to the public interest which do not give proper cognizance to the multiple-purpose concept.

(2) Minimum Perennial Streamflows: For the purpose of maintaining a minimum perennial streamflow sufficient to support aquatic life, no appropriations of water except for domestic or livestock uses shall be made or granted by any state agency or public corporation of the state for the waters of Lake Creek or its tributaries above the confluence of Lake Creek with the Metolius River for flows of Lake Creek below 20 cubic feet per second measured at the mouth of Lake Creek except that this limitation shall not apply to waters legally stored or legally released from storage (priority date -- May 24, 1962).

(3) Water Quality: Rights to use of water for industrial or mining purposes granted by any state agency shall be issued only on condition that any effluents or return flows from such uses shall not interfere with other beneficial uses of water.

Or. Admin. Code § 690-505-0010

(Deschutes River Basin: WRB 6, f. 11-30-59; WRB 16, f. 2-20-62; WRB 18, f. 6-1-62; WRB 27, f. 5-11-64; WRB 38, f. 6-14-67; WRD 7(Temp), f. 7-11-77; WRD 6-1978(Temp), f. & cert. ef. 8-15-78; WRD 7-1978, f. & cert. ef. 10-13-78; WRD 2-1979(Temp), f. & cert. ef. 10-9-79; WRD 4-1980, f. & cert. ef. 1-23-80; WRD 5-1980, f. & cert. ef. 4-8-80; WRD 8-1980, f. & cert. ef. 11-24-80; WRD 2-1981, f. & cert. ef. 4-30-81; WRD 3-1981, f. & cert. ef. 5-12-81;WRD 6-1984, f. & cert. ef. 12-27-84; Lower Main Stem Deschutes River Basin: WRB 6, f. 11-30-59; WRD 2-1981, f. & cert. ef. 4-30-81; Lower Main Stem Metolius River: WRB 27, f. 5-11-64); Administrative Renumbering 1-1993, Renumbered from 690-080-0050