690-515-0040 Middle Rogue Basin (1) Classifications: (a) In accordance with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the Middle Rogue River are classified for domestic, livestock, municipal, irrigation, agricultural use, power development, industrial, mining, recreation, wildlife and fish life, with the following exceptions: (A) The waters within the Rogue River Scenic Waterway from the confluence with the Applegate River near river mile 95 to Lobster Creek Bridge near river mile 11 are classified for domestic, livestock, and irrigation of one-half acre noncommercial garden, and instream use for recreation, wildlife and fish life; (B) Those waters on which development is further restricted by ORS 542.210; (C) In accordance with ORS 538.270, the waters of the main channel of the Rogue River (excluding tributaries) from its intersection with the south line of Section 27, T33S, R1E, W.M. to its confluence with the Pacific Ocean, are withdrawn from appropriation for any purpose except domestic, stock, irrigation, municipal, fish, wildlife, recreation, and road maintenance; (D) The waters of the following streams and tributaries are classified only for domestic use, livestock consumption and instream use for recreation, fish life and wildlife, except for the use of stored water. Water diverted for storage between November 1 and March 31 may be used for any purpose specified in subsection (a) of this section. Domestic use does not include irrigation of lawns and gardens: (i) Galls Creek; (ii) Foots Creek; (iii) Birdseye Creek; (iv) Sardine Creek; (v) Same Creek; (vi) Kane Creek; (vii) Fruitdale Creek; (viii) Ward Creek; (ix) Gilbert Creek; (x) Jones Creek; (xi) Savage Creek. (E) The waters of the following streams and tributaries, are classified only for domestic, livestock and irrigation of one-half acre noncommercial garden and instream use for recreation, fish life and wildlife, except for the use of stored water. Water diverted for storage between November 1 and March 31 may be used for any purpose specified in subsection (a) of this section: (i) Pickett Creek; (ii) Limpy Creek; (iii) Snider Creek; (iv) Shan Creek. (F) The waters of the following streams and tributaries, are classified only for domestic, livestock, irrigation of one-half acre noncommercial garden, mining during the period November 1 to May 1, power development and instream use for recreation, fish life and wildlife, except for the use of stored water. Water diverted for storage between November 1 and March 31 may be used for any purpose specified in subsection (a) of this section: (i) Grave Creek; (ii) Evans Creek. (G) The waters of Jumpoff Joe Creek and tributaries are classified only for domestic, livestock, irrigation of one-half acre noncommercial garden, industrial, mining during the period November 1 to May 1, power development and instream use for recreation, fish life and wildlife, except for the use of stored water. Water diverted for storage between November 1 and March 31 may be used for any purpose specified in subsection (a) of this section; (H) To protect, maintain and perpetuate anadromous fish habitat and propagation within the Middle Rogue Basin, the waters of the following stream reaches shall not be diverted, interrupted or appropriated for hydropower development purposes: (i) Galice Creek from the intersection with the south line of Section 10, Township 35 South, Range 8 West, Willamette Meridian, downstream to the mouth; (ii) North Fork Galice Creek from the intersection with the west line of Section 5, Township 35 South, Range 8 West, Willamette Meridian, downstream to the mouth; (iii) Taylor Creek from the intersection with the east line of Section 34, Township 35 South, Range 8 West, Willamette Meridian, downstream to the mouth; (iv) South Fork Taylor Creek from the intersection with the south line of Section 28, Township 35 South, Range 8 West, Willamette Meridian, downstream to the mouth; (v) Lone Tree Creek from the intersection with the north line of Section 32, Township 35 South, Range 8 West, Willamette Meridian, downstream to the mouth; (vi) Minnow Creek from the intersection with the south line of Section 34, Township 35 South, Range 8 West, Willamette Meridian, downstream to the mouth. (b) 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 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) Storage: (a) Storage projects consistent with the purposes of minimum perennial streamflows shall be encouraged; (b) Potential reservoir sites should be identified in the comprehensive land-use planning process for possible future development or until alternative methods of meeting water needs have been developed. Immediate consideration should be given to the following sites: (A) Grave Creek, SE 1/4, Section 6, Township 34 South, Range 4 West, Willamette Meridian; (B) Jumpoff Joe Creek, NE 1/4, Section 36, Township 34 South, Range 6 West, Willamette Meridian; (C) Evans Creek, SE 1/4, Section 19, Township 34 South, Range 2 West, Willamette Meridian; (D) West Fork Evans Creek, SE 1/4 Section 32, Township 33 South, Range 3 West, Willamette Meridian. (3) Minimum Perennial Streamflows: (a) For the purpose of maintaining a minimum perennial streamflow sufficient to support aquatic life and minimize pollution, no appropriations of water shall be granted for the waters of the Rogue River or tributaries above Raygold for flows of the Rogue River below 1200 cubic feet per second, except that this limitation shall not apply to: (A) Waters legally stored or legally released from storage; (B) Domestic and livestock uses. Domestic use does not include irrigation of lawns and gardens. (b) For the purpose of maintaining a minimum perennial streamflow sufficient to support aquatic life and minimize pollution, no appropriations of water shall be granted for the waters of the Rogue River or tributaries above Savage Rapids Dam for flows of the Rogue River below 1,200 cubic feet per second, except that this limitation shall not apply to: (A) Water legally stored or legally released from storage; (B) Domestic and livestock uses. Domestic use does not include irrigation of lawns and gardens. (c) For the purpose of maintaining a minimum perennial streamflow sufficient to support aquatic life and minimize pollution, no appropriations of water except for domestic or livestock use shall be granted, except that this limitation shall not apply to water legally stored or legally released from storage, for the waters of the Rogue River tributaries listed in Table 4, Section B when flows are below the specified levels. Domestic use does not include irrigation of lawns and gardens; (d)(A) To support aquatic life and minimize pollution in accordance with Section 3, Chapter 796, Oregon Laws 1983, no appropriations of water shall be granted for the waters of the Rogue River tributaries listed in Table 4, Section C when flows are below the levels specified. This limitation shall not apply to: (i) Domestic and livestock uses. Domestic use does not include the irrigation of lawns and gardens; (ii) Water legally stored or released from storage subject to the provisions of subsection (2)(a) of this rule. (B) Attainment of the specified flow levels during some portions of the year will require development of water storage or implementation of other measures to augment flows. (4) Water Quality: Rights to use of water for industrial, power development, 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 significantly interfere with recreational, fish life or other beneficial uses of water. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 536 & 537 History: WRD 3-2012, f. & cert. ef. 12-12-12 WRD 1-1993, Renumbered from 690-080-0150 WRD 3-1989, f. & cert. ef. 2-9-89 WRD 3-1984, f. & cert. ef. 7-5-84 WRD 6-1983, f. & cert. ef. 10-19-83 WRD 11-1982, f. & cert. ef. 9-27-82 WRD 3-1981, f. & cert. ef. 5-12-9-81 WRB 41, f. & cert. ef. 10-14-69 WRB 37, f. & cert. ef. 12-21-66 WRB 33, f. & cert. ef. 3-25-66 WRB 27, f. & cert. ef. 5-11-64 WRB 5, f. & cert. ef. 10-12-59 WRB 4, f. & cert. ef. 5-22-59