690-506-0040 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 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 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. Statutory/Other Authority: ORS 536 & 537 History: Reverted to WRD 4-1987, f. & cert. ef. 5-14-87 WRD 2-1989(Temp), f. & cert. ef. 1-27-89 WRD 4-1987, f. & cert. ef. 5-14-87 WRD 2-1987, f. & cert. ef. 3-3-87 WRD 1-1987, f. & cert. ef. 2-27-87 WRD 13-1985, f. & cert. ef. 12-18-85 WRD 3-1981, f. & cert. ef. 5-21-81 WRB 27, f. 5-11-64 WRB 23, f. 7-3-63 WRB 20, f. 6-8-62