Or. Admin. Code § 690-518-0010

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

Section 690-518-0010 - Classifications

(1) In accordance with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the Mid-Coast Basin are classified for domestic, livestock, municipal, irrigation, power development, industrial, mining, recreation, wildlife and fish life uses with preference given to human consumption and livestock consumption over any other beneficial uses, with the following exceptions:

(a) The waters of the following natural lakes of the Mid-Coast Basin are classified for utilization of water for domestic, livestock, and in-lake uses for recreation, wildlife, and fish life purposes: Devils, Triangle, Lily, Sutton, Mercer, Collard, Munsel, Cleawox, Carter, Lost, Elbow, Clear, Woahink, Siltcoos, Tahkenitch, and Threemile;

(b) The waters of Clear Lake are classified for municipal use in addition to the uses specified in subsection (a) of this section;

(c) The waters of the following streams and their tributaries are classified for utilization of water for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, power development and instream uses for recreation, wildlife, and fish life purposes:

(A) Schoolhouse Creek (Mouth in Township 8 South);

(B) Fogarty Creek;

(C) Deadhorse Creek;

(D) Canal Creek of Alsea Bay;

(E) Cummins Creek;

(F) Bob Creek;

(G) Tenmile Creek;

(H) Big Creek at Roosevelt Beach;

(I) Cape Creek at Heceta Head;

(J) Quarry Creek;

(K) Knowles Creek of Siuslaw River;

(L) Hadsall Creek of Siuslaw River;

(M) Woahink Creek;

(N) Siltcoos River;

(O) Tahkenitch Creek; and

(P) Threemile Creek.

(d) The waters of the following streams and their tributaries are classified for utilization of water for domestic, livestock, municipal, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, power development and instream uses for recreation, wildlife, and fish life purposes:

(A) Salmon River;

(B) Schooner Creek of Siletz Bay upstream from the intersection of Schooner Creek and the section line between Section 25, Township 7 South, Range 11 West, WM, and Section 30, Township 7 South, Range 10 West, WM;

(C) Drift Creek of Siletz Bay;

(D) Tributaries to Depoe Bay;

(E) Rocky Creek;

(F) Spencer Creek;

(G) Moolack Creek;

(H) Big Creek near Newport;

(I) Henderson Creek (Mouth in Township 11 South);

(J) Beaver Creek (Mouth in Township 12 South);

(K) Big Creek at San Marine;

(L) Vingie Creek;

(M) Starr Creek;

(N) Sutton Creek; and

(O) Munsel Creek.

(e) The waters of Olalla Creek and its tribu-taries are classified for human consumption, livestock consumption, industrial, and instream uses for recreation, wildlife, and fish life purposes;

(f) The waters of Schooner Creek and its tributaries downstream from the intersection of Schooner Creek and the section line between Section 25, Township 7 South, Range 11 West, WM, and Section 30, Township 7 South, Range 10 West, WM, are classified for domestic, livestock, municipal, irrigation and frost control not to exceed an additional total appropriation of 2.5 cfs, power development and instream uses for recreation, wildlife, and fish life purposes; and

(g) The waters of Thiel Creek are classified for domestic, livestock, municipal, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, power development, aesthetics and in-lake and instream uses for recreation, fish life and wildlife purposes.

(h) The waters of Little Creek, a tributary of the Pacific Ocean, and its tributaries located within Sections 22, 27, 28, 29, 32, and 33, Township 10 South, Range 11 West, W.M., are withdrawn from further appropriation by order of the State Engineer dated June 7, 1960 (Special Order Vol 10, Pg 397) except for municipal use by Agate Beach Water District;

(i) The waters of Mill Creek, a tributary of Yaquina River, and its tributaries located within Sections 22, 23, 26, 27, 28, 32, 33, 34 and 35, Township 11 South, Range 10 West, W.M., are withdrawn from further appropriation by order of the State Engineer dated December 7, 1959 (Special Order Vol 10, Pg 246); and

(j) The waters of Rock Creek (also known as Little Rock Creek or South Fork Rock Creek), a tributary of the Siletz River, and its tributaries above the north line of the SW 1/4 of the NE 1/4, Section 7, Township 10 South, Range 8 West, W.M., during the months of July, August, and September are withdrawn from further appropriation of direct flow and for storage by order of the State Engineer dated July 22, 1960 (Special Order Vol 10, Pg 459).

(2) Structures or works for 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, which do not give cognizance to the multiple-purpose concept are further declared to be prejudicial to the public interest.

Or. Admin. Code § 690-518-0010

WRB 36, f. 7-27-66; WRB 59, f. 4-15-74; WRB 62, f. 3-26-75; WRD 4-1981, f. & cert. ef. 5-28-81; WRD 4-1984, f. & cert. ef. 10-30-84; WRD 5-1987, f. & cert. ef. 5-20-87; WRD 20-1990, f. & cert. ef. 12-14-90, Renumbered from 690-080-0180; WRD 3-2012, f. & cert. ef. 12-12-12

Stat. Auth.: ORS 536 & 537

Stats. Implemented: