690-515-0060 Lower Rogue Basin (1) Classifications: (a) In accordance with ORS 536.220, 536.300, 536.310 and 536.340, the waters of the Lower Rogue River Basin 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 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from its intersection with the south line of Section 27, T33S, R1E, W.M. to its confluence with the Pacific Ocean, are withdrawn from appropriation for any purpose except domestic, stock, irrigation, municipal, fish, wildlife, recreation, and road maintenance; (D) To protect, maintain and perpetuate anadromous fish habitat and propagation within the Lower Rogue Basin, the waters of the following stream reaches of tributaries to the Rogue River shall not be diverted, interrupted or appropriated for hydropower development purposes: (i) Lobster Creek from the confluence of the North and South Forks of Lobster Creek, downstream to the mouth; (ii) North Fork Lobster Creek from the intersection with the east line of Section 15, Township 34 South, Range 13 West, Willamette Meridian, downstream to the mouth; (iii) South Fork Lobster Creek from the intersection with the east line of Section 30, Township 34 South, Range 12 West, Willamette Meridian, downstream to the mouth; (iv) Shasta Costa Creek from the intersection with the east line of Section 35, Township 34 South, Range 11 West, Willamette Meridian, downstream to the mouth; (v) Foster Creek from the intersection with the west line of Section 12, Township 34 South, Range 12 West, Willamette Meridian, downstream to the mouth; (vi) Quosatana Creek from the intersection with the projected south line of Section 23, Township 36 South, Range 13 West, Willamette Meridian, downstream to the mouth; (vii) Jim Hunt Creek from the intersection with the south line of Section 14, Township 36 South, Range 14 West, Willamette Meridian, downstream to the mouth; (viii) Mule Creek from the intersection with the east line of Section 26, Township 32 South, Range 10 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) Minimum Perennial Streamflows: For the purpose of maintaining 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 the tributaries above the mouth for flows of the Rogue River at the mouth below 935 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. (3) 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. 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