Or. Admin. Code § 690-513-0060

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

Section 690-513-0060 - Summer Lake Subbasin

(1) Objectives. In developing a program for the management, use and control of the surface and ground water resources of the Summer Lake Subbasin, the Commission has the following objectives:

(a) Classify water in a manner consistent with the withdrawal of Silver Lake and Paulina Marsh and tributaries;

(b) Classify water in a manner consistent with the withdrawal of the waters of Dutchy, Church and No Name Lakes, and tributaries, to provide resting areas and breeding grounds for migratory and resident waterfowl;

(c) Prevent the spread of the contaminated water originating at the chemical waste disposal site near Alkali Lake through regulation of well construction;

(d) Classify the main ground water reservoir of the Fort Rock Basin to avoid overdraft and protect existing rights.

(2) Classifications. Except as otherwise provided in this subsection, the surface and ground waters of the Summer Lake Subbasin are classified for agriculture, domestic, fish life, ground water recharge, industrial, instream, irrigation, mining, municipal, pollution abatement, power, recreation and stockwater uses:

(a) The surface waters of Duncan and Bear Creeks and tributaries and all other tributaries to Silver Lake and Paulina Marsh not otherwise identified in this subsection are classified for any beneficial use of stored water, domestic and stockwater uses;

(b) The surface waters of Silver Creek and West Fork Silver Creek and tributaries below the points where the streams enter the north 1/2 section, Section 17, Township 29S, Range 14E are classified for any beneficial use of stored water, domestic and stockwater uses;

(c) The surface waters of Silver Creek and West Fork Silver Creek and tributaries above the points where the streams enter the north 1/2 section, Section 17, Township 29S, Range 14E are classified for any beneficial use of stored water, domestic, instream and stockwater uses;

(d) The surface waters of Buck Creek and tributaries below the point where Buck Creek enters Section 7, Township 29S, Range 13E are classified for any beneficial use of stored water, domestic and stockwater uses;

(e) The surface waters of Buck Creek and tributaries above the point where Buck Creek enters Section 7, Township 29S, Range 13E are classified for any beneficial use of stored water, domestic, instream and stockwater uses;

(f) The surface waters of Bridge Creek and tributaries below the point where Bridge Creek enters the northwest 1/4 section, Section 15, Township 29S, Range 13E are classified for any beneficial use of stored water, domestic and stockwater uses;

(g) The surface waters of Bridge Creek and tributaries above the point where Bridge Creek enters the northwest 1/4 section, Section 15, Township 29S, Range 13E are classified for any beneficial use of stored water, domestic, instream and stockwater uses;

(h) Ground water from alluvial aquifer in the Silver Creek drainage above the point where Silver Creek enters Section 21, Township 28S, Range 14E is classified for domestic and stockwater uses only;

(i) Ground water from alluvial aquifers in the Buck Creek drainage above the point where Buck Creek enters Section 18, Township 28S, Range 14E is classified for domestic and stockwater uses only;

(j) Ground water from alluvial aquifers in the Duncan Creek drainage above the point where Duncan Creek enters Section 3, Township 29S, Range 15E is classified for domestic and stockwater uses only;

(k) Ground water from alluvial aquifers in the Bridge Creek drainage above the point where Bridge Creek enters Section 20, township 28S, Range 14E is classified for domestic and stockwater uses only;

(l) The surface water of Dutchy, Church and No Name Lakes, located in Sections 12 and 13, Township 30S, Range 16E, and the tributaries which feed and connect the lakes are classified for irrigation use between April 1 and September 30 of any year provided that such use is compatible with management programs for migratory and resident waterfowl;

(m) Ground water from any well within Sections 12 and 13, Township 30S, Range 16E and taking water from an unconfined aquifer is classified for irrigation use between April 1 and September 30 of any year provided that such use is compatible with management programs migratory and resident waterfowl;

(n) Ground water from the main ground water reservoir of the Fort Rock Basin is classified for stockwater, watering any lawn or noncommercial garden not exceeding one-half acre in area, watering any lawn or noncommercial garden not exceeding three acres in area for public uses, quasi-municipal, single or group domestic, down-hole heat exchange, industrial, and commercial uses only. The main ground water reservoir of the Fort Rock Basin includes all water contained in the basalt, as well as the interbedded and overlying pyroclastic and sedimentary aquifers. Further, the water level altitudes in these aquifers is approximately 4300 feet above mean sea level or lower. Precise boundaries include parts of Lake, Klamath, and Deschutes Counties and are described as follows: Beginning at the southwest corner of Section 35, Township 22 South, Range 13 East, WM; thence northeasterly to the southeast corner of Section 25, Township 22 South, Range 15 East, WM; thence southeasterly to the southwest corner of Section 35, Township 23 South, Range 29 East, WM; thence southeasterly to the southeast corner of Section 9, Township 28 South, Range 21 East, WM; thence southwesterly to the southwest corner of Section 6, Township 29 South, Range 20 East, WM; thence northwesterly to the southwest corner of Section 16, Township 28 South, Range 18 East, WM; thence southwesterly to the southwest corner of Section 14, Township 29 South, Range 16 East, WM; thence southwesterly to the southeast corner of Section 21, Township 31 South, Range 15 East, WM; thence northwesterly to the southeast corner of Section 36, Township 30 South, Range 12 East, WM; thence northwesterly to the southwest corner of Section 34, Township 26 South, Range 10 East, WM; thence northeasterly to the point of beginning.

(3) Reservoir Standards. Development of a reservoir may be permitted on any stream in the Summer Lake Subbasin, however, in addition to meeting any other standards required by the Commission, any person proposing development of a reservoir in the subbasin shall give due consideration to:

(a) Alternative sizing of the project to achieve a reasonable economic development of the proposed site;

(b) The potential for use of the reservoir, and any water which is stored and released, for multiple beneficial uses; and

(c) The maintenance of natural flows down-stream from the reservoir at levels sufficient to meet instream and out-of-stream needs.

Or. Admin. Code § 690-513-0060

WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; WRD 14-1985, f. & cert. ef. 12-20-85; WRD 3-1987, f. & cert. ef. 3-13-87; WRD 2-1990, f. & cert. ef. 2-23-90, Renumbered from 690-080-0130