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WATER RESOURCES DEPARTMENT

 

DIVISION 506

JOHN DAY BASIN PROGRAM

690-506-0010

Definitions and Procedures

(1) The John Day River Basin and the Upper Mainstem, South Fork, Middle Mainstem, Middle Fork, North Fork and Lower Subbasins are as shown by Water Resources Department Map No. 6.6L.

(2) Permitted Use, as used in OAR 690-506-0040, means a use classified as being within the public interest, unless the Water Resources Commission, acting under the review process prescribed in OAR 690-001-0002, finds otherwise.

(3)(a) Conditional Use, as used in OAR 690-506-0040, means a use that is classified as being within the public interest, unless the Commission, acting under the review process prescribed in OAR 690-001-0002, finds otherwise. The Department may approve an application for a permit for a conditional use only if the applicant shows that:

(A) The proposed use will not conflict with existing instream or out-of-stream uses classified as permitted on the affected stream;

(B) The quantity of water requested for the proposed use will not interfere with the objectives established for permitted uses; and

(C) The proposed use will not cause violation of water quality standards established for the protection of permitted uses.

(b) If the applicant fails to show to the satisfaction of the Director that the proposed appropriation meets the requirements in subsection (a) of this section, at the request of the applicant, the application shall be transmitted to the Commission for review;

(c) Notwithstanding the provision of subsections (a) and (b) of this section, any application for which Commission consideration is required by OAR 690-011-0100 shall be transmitted directly to the Commission. In addition to any other standards appropriate for evaluating public interest, the Commission shall consider the standards prescribed in subsection (a) of this section when determining if the use of water involves a substantial public interest question.

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented:
Hist.: WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Administrative Renumbering 1-1993, Renumbered from 690-080-0060

 

690-506-0020

Policies

The waters of the John Day River Basin provide the public with important economic, social, and environmental benefits:

(1) In managing the surface and ground waters of the basin the Water Resources Commission shall encourage:

(a) Increases in crop production lands through:

(A) Better seasonal distribution of streamflows;

(B) Protection of ground water quality and quantity; and

(C) Water conservation.

(b) Enhancement of wild anadromous fish production and resident fish production through:

(A) Better seasonal distribution of streamflows;

(B) Water conservation;

(C) Protection and improvement of riparian areas; and

(D) Maintenance of instream flows.

(c) Provision of adequate water supplies for livestock and wildlife through:

(A) Better seasonal distribution of streamflows;

(B) Protection of ground water quality and quantity; and

(C) Water conservation.

(d) Enhancement of water-related tourism and recreation opportunities, especially on lakes and reservoirs, the scenic waterway, and major streams through:

(A) Better seasonal distribution of streamflows;

(B) Water conservation;

(C) Protection and improvement of riparian areas; and

(D) Maintenance of instream flows.

(e) Maintenance of adequate water quality and quantity for projected domestic, industrial, and municipal growth through:

(A) Better seasonal distribution of streamflows;

(B) Protection of ground water quality and quantity;

(C) Water conservation; and

(D) Protection and improvement of riparian areas.

(f) Development of storage reservoirs that are beneficial to anadromous fish and other uses.

(2) The Commission shall:

(a) Allow water use for mining purposes employing practices which do not interfere significantly with other uses;

(b) Prohibit power development where proposed hydroelectric projects damage wild anadromous fish or resident game fish, or harm other resource values beyond mitigation.

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented:
Hist.: WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Administrative Renumbering 1-1993, Renumbered from 690-080-0060

690-506-0030

Objectives

(1) Basin Objectives: In furtherance of the policies in OAR 690-506-0020, the following objectives are established for meeting water resource needs in the John Day River Basin:

(a) Achieve better seasonal distribution of runoff to reduce high streamflows and increase low streamflows:

(A) Provide for structural and non-structural storage:

(i) Protect identified sites from incompatible land uses through county comprehensive plans;

(ii) Protect all riparian areas and improve those that are damaged;

(iii) Evaluate the benefits of non-structural alternatives for storage.

(B) Increase the infiltration of water in the basin:

(i) Slow runoff by protecting and improving vegetative cover and riparian areas on forest and range lands and by constructing small retention structures;

(ii) Maintain soil permeability in the watershed by avoiding unnecessary soil compaction, maintaining organic material in the soil, and mitigating for roads and other impervious surfaces.

(b) Protect ground water quality and quantity:

(A) Maintain a balance between ground water pumpage plus natural discharge and recharge;

(B) Maintain ground water quality;

(C) Prevent the use of ground water, which is determined to be hydraulically connected to surface water, from significantly lowering streamflows and interfering with the use of surface water.

(c) Encourage water conservation, the efficient use of water, and the elimination of waste:

(A) Minimize surface runoff back to streams from irrigated areas;

(B) Encourage contingency plans by municipalities for use during periods of water shortage;

(C) Increase public awareness of the importance of water conservation.

(d) Protect existing high-quality riparian areas and improve degraded riparian areas:

(A) Promote development of livestock watering facilities outside of riparian areas;

(B) Revegetate degraded riparian areas;

(C) Implement grazing practices which distribute livestock use over the available range;

(D) Fence riparian areas where appropriate.

(e) Maintain instream flows to provide for needs of aquatic life and recreational opportunities:

(A) Restrict additional withdrawals from streams important for instream uses through conditional use classifications;

(B) Achieve established minimum perennial streamflows;

(C) Evaluate the need for additional minimum perennial streamflows;

(D) Increase monitoring of streamflow at existing minimum perennial flow sites;

(E) Increase monitoring and enforcement of water use.

(f) Develop additional water resources data to improve basin water planning and management.

(2) Subbasin Water Use Objectives: Except as otherwise noticed under subbasin special objectives, the following uses are present in each of the subbasins. The continued use of water in such manner is recognized as important to the public and to the holders of water rights. Therefore, in furtherance of the policies in OAR 690-506-0020, the Commission adopts the following objectives, with the noted subbasin exceptions, for meeting the quantitative and qualitative needs for beneficial uses of water:

(a) Domestic Use: Provide for domestic water needs;

(b) Municipal, Commercial, and Industrial Uses -- Provide for water needs of existing and future municipal, commercial, and industrial users;

(c) Irrigation and Agricultural Uses -- Increase water supplies to permit late season irrigation of the existing croplands and meet future needs for irrigation and other agricultural uses;

(d) Livestock Use -- Satisfy current and future needs. Encourage development of additional watering sites outside riparian areas;

(e) Mining Use -- Ensure that mining water use does not interfere with other uses;

(f) Power Use -- Permit inclusion of power on storage projects and development of power for residential applications where consistent with instream needs;

(g) Fish Life and Wildlife Use -- Restore habitat to increase wild fish production. Increase resident fish and wildlife populations. Promote conditions for anadromous fish migration and seasonal rearing downstream;

(h) Pollution Abatement -- Improve water quality by eliminating non-point discharge of bacteria and other pollutants, improving riparian conditions, and increasing summer streamflows;

(i) Recreation Use -- Provide water for increased recreational opportunities. Support greater recreational access and more facilities for fishing and swimming.

(3) Subbasin Special Concerns: The following objectives for each of the subbasins address special concerns. Achievement of the objectives will aid in furtherance of the policies in OAR 690-506-0020:

(a) Upper Mainstem Subbasin:

(A) Reduce erosion damage caused by high streamflows on the John Day River and Beech and Canyon Creeks;

(B) Protect existing surface water uses form interference by ground water use along the John Day River.

(b) South Fork Subbasin: Reduce erosion damage caused by high streamflows on the lower South Fork John Day River;

(c) Middle Mainstem Subbasin:

(A) The objective for Recreational Use in the Middle Mainstem Subbasin shall be to protect and enhance recreational uses in the John Day Scenic Waterway and to increase recreational access and facilities as needed;

(B) Reduce erosion and damage caused by high streamflows on the John Day River and Bridge Creek.

(d) Middle Fork Subbasin: The objective for Pollution Abatement in the Middle Fork Subbasin shall be to minimize sediment produced from forestry activities and resolve localized water quality problems. Water quality should be improved by eliminating non-point discharges, improving riparian conditions, and improving summer streamflows;

(e) North Fork Subbasin:

(A) The objectives for Pollution Abatement in the North Fork Subbasin shall be to minimize sediment produced from forestry activities and resolve localized water quality problems. Water quality should be improved by eliminating non-point discharges, improving riparian conditions, and improving summer streamflows;

(B) The objectives for Recreational Use in the North Fork Subbasin shall be to provide for instream recreational values and increased flows for boating on the North Fork John Day River. Recreational access and facilities should be increased as needed;

(C) Reduce erosion damage from high streamflows throughout the subbasin;

(D) Reduce ice scouring on the North Fork John Day River between Monument and Kimberly.

(f) Lower Subbasin:

(A) The objective for Recreational use in the Lower Subbasin shall be to protect and enhance recreational uses in the John Day Scenic Waterway and to increase recreational access and facilities as needed;

(B) Reduce damage from high streamflows on the John Day River and Thirtymile Creek;

(C) Slow runoff to increase infiltration of water on cultivated farmland;

(D) Protect the quantity and quality of ground water in Columbia River Basalt and alluvial aquifers.

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented:
Hist.: WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Administrative Renumbering 1-1993, Renumbered from 690-080-0060

609-506-0040

Classifications

(1) Except as otherwise provided by the Commission, the Department shall not accept an application for a permit to appropriate any of the surface or ground waters of the John Day River Basin for any uses except those for which the waters are classified.

(2) Except as otherwise provided in this rule, the surface and ground waters of the John Day River Basin are classified for domestic, livestock, municipal, ground water recharge, irrigation, agricultural, power, commercial, industrial, mining, fire protection, recreation, pollution abatement, wildlife, and fish life uses.

(3) The waters of the natural lakes of the John Day River Basin are classified for domestic, livestock, irrigation of lawns or non-commercial gardens less than one-half acre, power development less than 100 theoretical horsepower, fire protection, recreation, pollution abatement, wildlife, fish life, and agricultural uses.

(4) The Department shall include in any permit for a well producing from Quaternary Alluvium a condition that the use of water from the well shall be regulated according to priority date in the same manner as, and conjunctively with, surface water from the nearest stream.

(5) Ground water of Quaternary Alluvium is classified for the same uses as the surface water in the adjacent stream.

(6) Upper Mainstem Subbasin:

(a) The waters in the John Day River from Rail Creek to USGS Gage 14040500 at Picture Gorge, and in the following streams and all tributaries, in the Upper Mainstem Subbasin are classified for the uses in subsections (b), (c), and (d) of this section:

(A) Cottonwood Creek;

(B) Canyon Creek;

(C) Beech Creek;

(D) Strawberry Creek;

(E) McClellan Creek;

(F) Fields Creek;

(G) Belshaw Creek;

(H) Moon Creek;

(I) Dog Creek;

(J) Little Pine Creek;

(K) Laycock Creek;

(L) Grub Creek;

(M) Indian Creek;

(N) Bear Creek;

(O) Dixie Creek;

(P) Deardorff Creek;

(Q) Reynolds Creek;

(R) Rail Creek;

(S) Roberts Creek.

(b) Permitted Uses: Irrigation between January 1 and June 15 or using waters legally stored between January 1 and June 15, domestic, livestock, ground water recharge, fire protection, fish life, wildlife, pollution abatement, and recreation;

(c) Conditional Uses: Irrigation using no more water during the months shown than those quantities listed below, power in association with storage or for residential applications, agricultural use, municipal, commercial, industrial, and mining. Monthly Irrigation Water Use (acre-feet/acre):

(i) June 15 - 30, 0.30;

(ii) July, 0.90;

(iii) August, 0.70;

(iv) September, 0.30.

(d) In addition to the uses identified in subsection (b) of this section, industrial use is permitted in the John Day River from the confluence of Strawberry Creek to USGS gage 14040500 at Picture Gorge;

(e) The waters within Long Gulch are classified for municipal use by the City of John Day.

(7) South Fork Subbasin:

(a) The waters in the South Fork John Day River from the confluence of Flat Creek to the mouth, and in the following streams and all tributaries, in the South Fork Subbasin are classified for the uses in subsections (b) and (c) of this section:

(A) Black Canyon Creek;

(B) Murderers Creek;

(C) Deer Creek;

(D) Wind Creek;

(E) Sunflower Creek;

(F) Indian Creek;

(G) Flat Creek;

(H) Lewis Creek;

(I) Corral Creek;

(J) Venator Creek.

(b) Permitted Uses: Irrigation between January 1 and June 15 or using waters legally stored between January 1 and June 15, domestic, livestock, ground water recharge, fire protection, fish life, wildlife, pollution abatement, and recreation;

(c) Conditional Uses: Irrigation using no more water during the months shown than those quantities listed below, power in association with storage or for residential applications, agricultural use, municipal, commercial, industrial, and mining. Monthly Irrigation Water Use (acre-feet/acre):

(A) June 15 - 30, 0.30;

(B) July, 0.90;

(C) August, 0.70;

(D) September, 0.20.

(d) The waters of Gunyon Springs, tributary to Conner Creek, are classified for municipal use by the City of Dayville.

(8) Middle Mainstem Subbasin:

(a) The waters in the John Day River from USGS gage 14040500 at Picture Gorge to the bridge at Service Creek, and in the following streams and all tributaries, in the Middle Mainstem Subbasin are classified for the uses in subsections (b), (c) and (d) of this section:

(A) Bridge Creek;

(B) Horseshoe Creek;

(C) Service Creek;

(D) Kahler Creek;

(E) Parrish Creek;

(F) Rock Creek;

(G) Alder Creek;

(H) Johnson Creek;

(I) Cherry Creek.

(b) Permitted Uses: Irrigation between January 1 and April 30 or using waters legally stored between January 1 and April 30, domestic, livestock, ground water recharge, fire protection, fish life, wildlife, pollution abatement, and recreation;;

(c) Conditional Uses: Irrigation using no more water during the months shown than those quantities listed below, power in association with storage or for residential applications, agricultural use, municipal, commercial, industrial, and mining. Monthly Irrigation Water Use (acre-feet/acre):

(A) May, 0.20;

(B) June, 0.60;

(C) July, 0.90;

(D) August, 0.70;

(E) September, 0.10.

(d) In addition to the uses identified in subsection (b) of this section, industrial use is permitted on the John Day River from the mouth of the North Fork John Day River downstream to the bridge at Service Creek;

(e) Conditional Uses in the John Day Scenic Waterway: The waters of all streams within the John Day Scenic Waterway as defined in OAR Chapter 736, Division 40 are classified for irrigation using waters legally stored between January 1 and April 30 or using no more water than shown by the table in subsection (c) of this section, domestic, livestock, and agricultural use. The Department may grant a permit for appropriation of water for a use in this subsection only if the applicant shows that the use of water will not conflict with existing instream fish life, wildlife, or recreation uses.

(9) Middle Fork Subbasin:

(a) The waters in the Middle Fork John Day River, and in the following streams and all tributaries, in the Middle Fork Subbasin are classified for the uses in subsections (b) and (c) of this section:

(A) Indian Creek;

(B) Deep Creek;

(C) Long Creek;

(D) Camp Creek;

(E) Beaver Creek;

(F) Clear Creek;

(G) Big Boulder Creek;

(H) Vinegar Creek;

(I) Vincent Creek;

(J) Davis Creek;

(K) Deerhorn Creek;

(L) Granite Boulder Creek;

(M) Granite Creek;

(N) Butte Creek;

(O) Big Creek;

(P) Huckleberry Creek;

(Q) Slide Creek.

(b) Permitted Uses: Irrigation between January 1 and June 15 or using waters legally stored between January 1 and June 15, domestic, livestock, ground water recharge, fire protection, fish life, wildlife, pollution abatement, and recreation;

(c) Conditional Uses: Irrigation using no more water during the months shown than those quantities listed below, power in association with storage or for residential applications, agricultural use, municipal, commercial, industrial, and mining. Monthly Irrigation Water Use (acre-feet/acre):

(A) June 15 - 30, 0.30;

(B) July, 0.90;

(C) August, 0.70;

(D) September, 0.30.

(d) The waters of Bly Creek are classified for municipal use by the City of Long Creek.

(10) North Fork Subbasin:

(a) The waters in the North Fork John Day River below the boundary of the North Fork John Day Wilderness Area near rivermile 76, and in the following streams and all tributaries, in the North Fork Subbasin are classified for the uses in subsections (b), (c), and (d) of this section:

(A) Meadow Brook Creek;

(B) Rudio Creek;

(C) Cottonwood Creek;

(D) Deer Creek;

(E) Wall Creek;

(F) Ditch Creek;

(G) Mallory Creek;

(H) Potamus Creek;

(I) Desolation Creek;

(J) Camas Creek.

(b) Permitted Uses: Irrigation between January 1 and June 15 or using waters legally stored between January 1 and June 15, domestic, livestock, ground water recharge, fire protection, fish life, wildlife, pollution abatement, and recreation;

(c) Conditional Uses: Irrigation using no more water during the months shown than those quantities listed below, power in association with storage or for residential applications, agricultural use, municipal, commercial, industrial, and mining. Monthly Irrigation Water Use (acre-feet/acre):

(A) June 15 - 30, 0.30;

(B) July, 0.90;

(C) August, 0.70;

(D) September, 0.30.

(d) In addition to the uses identified in subsection (b) of this section, industrial use is permitted on the North Fork John Day River from rivermile 15.0 to 16.0;

(e) Conditional Uses above the North Fork John Day Wilderness Area: The waters of the North Fork Subbasin upstream from the boundary of the North Fork John Day Wilderness Area near rivermile 76 are classified for irrigation using waters legally stored between January 1 and April 30 or using no more water than shown by the table in subsection (c) of this section, domestic, livestock, and agricultural use. The Department may grant a permit for appropriation of water for a use in this subsection only if the applicant shows that the use of water will not conflict with existing instream fish life, wildlife, or recreation uses.

(11) Lower Subbasin:

(a) The waters in the following streams and all tributaries, in the Lower Subbasin are classified for the uses in subsections (b) and (c) of this section:

(A) Butte Creek;

(B) Thirtymile Creek;

(C) Rock Creek.

(b) Permitted Uses: Irrigation between January 1 and April 30 or using waters legally stored between January 1 and April 30, domestic, livestock, ground water recharge, fire protection, fish life, wildlife, pollution abatement, and recreation;

(c) Conditional Uses: Irrigation using no more water during the months shown than those quantities listed below, power in association with storage or for residential applications, agricultural use, municipal, commercial, industrial, and mining. Monthly Irrigation Water Use (acre-feet/acre):

(A) May, 0.20;

(i) June, 0.60;

(ii) July, 0.90;

(iii) August, 0.70;

(iv) September, 0.10.

(d) Conditional Uses in the John Day Scenic Waterway: The waters of all streams within the John Day Scenic Waterway as defined in OAR Chapter 736, Division 40 are classified for irrigation using waters legally stored between January 1 and April 30 or using no more water than shown by the table in subsection (c) of this section, domestic, livestock, and agricultural use. The department may grant a permit for appropriation of water for a use in this subsection only if the applicant shows that the use of water will not conflict with existing instream fish life, wildlife, or recreation uses.

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented:
Hist.: WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Administrative Renumbering 1-1993, Renumbered from 690-080-0060

690-506-0050

Minimum Perennial Streamflows

(1) Except as otherwise provided in this rule, the Department shall include in each permit for appropriation of the waters of any stream identified on Table 1, or tributaries, a provision that the right shall not permit the use of waters when the streamflow is less than the adopted minimum flows.

(2) For those streams listed in Table 1 for which specific points of measurement are not designated, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the flows throughout the specified reaches.

(3) For those streams listed in Table 1 for which specific points of measurement are designated, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the listed flows at the designated point of measurement. If the designated point of measurement is not at the downstream end of the specified stream reach, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the listed flows throughout the reach between point of measurement and the downstream end of the reach.

(4) Exceptions:

(a) This rule shall not apply to permits for appropriation for domestic or livestock use or to use of water legally stored or legally released from storage;

(b) This rule shall not apply to permits for appropriation for municipal uses on Bridge Creek, the South Fork John Day River, and the John Day River between USGS Gage 14038530 near John Day and the mouth of the North Fork John Day River;

(c) This rule shall not apply to industrial use under permits with priority dates before December 2, 1986 on the John Day River between USGS Gage 14038530 near John Day and the mouth of the North Fork John Day River.

[ED NOTE: The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented:
Hist.: WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Administrative Renumbering 1-1993, Renumbered from 690-080-0060

690-506-0060

Reservations

(1) Waters of the Upper Mainstem Subbasin: Any application for a permit to store water in the subbasin for use in supplying irrigation uses or to meet adopted minimum perennial streamflow levels up to a total of 8,120 acre-feet shall be reserved for future appropriation effective January 30, 1987.

(2) Waters of the Middle Mainstem Subbasin: Any application for a permit to store water in the subbasin for use in supplying irrigation uses or to meet adopted minimum perennial streamflow levels up to a total of 4,180 acre-feet shall be reserved for future appropriation effective January 30, 1987.

(3) Waters of the Middle Fork Subbasin: Any application for a permit to store water in the subbasin for use in supplying irrigation uses or to meet adopted minimum perennial streamflow levels up to a total of 18,430 acre-feet shall be reserved for future appropriation effective January 30, 1987.

(4) Waters of the North Fork Subbasin: Any application for a permit to store water in the subbasin for use in supplying irrigation uses or to meet adopted minimum perennial streamflow levels up to a total of 21,420 acre-feet shall be reserved for future appropriation effective January 30, 1987.

(5) Waters of the Lower Subbasin: Any application for a permit to store water in the area drained by Rock Creek for use in supplying irrigation uses up to a total of 5,700 acre-feet shall be reserved for future appropriation effective January 30, 1987.

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented:
Hist.: WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Administrative Renumbering 1-1993, Renumbered from 690-080-0060

690-506-0070

Water Quality Control

The Department shall include in any water right a condition that the use of water under the right is contingent upon continuing compliance with the conditions of any required discharge permit for water quality control held by the water right permittee.

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented:
Hist.: WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Administrative Renumbering 1-1993, Renumbered from 690-080-0060

690-506-0080

Storage of Water

(1) An application for a permit to store water on a stream with uses classified as conditional shall be subject to the standards and review process in OAR 690-506-0010(3).

(2) The Department shall not accept an application to store or impound water within the John Day Scenic Waterway as defined in OAR Chapter 736, Division 40.

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented:
Hist.: WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Adminis-trative Renumbering 1-1993, Renumbered from 690-080-0060

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