690-515-0000 Upper Rogue Basin (1) Classifications: (a) In accordance with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the upper Rogue River Basin are classified with the following exceptions: (A) Those waters on which development is further restricted by ORS 542.210; (B) In accordance with ORS 538.220, the waters of Barr Creek (beginning in Section 1, T32S, R3E, W.M. and in Section 6 and Section 7, T32s, R4E, W.M. running thence in a general southwesterly direction through T32S, R3E, W.M. to a junction with the Rogue River in Section 32, T32S, R3EW.M.) and its tributaries are withdrawn from further appropriation for any purpose except domestic use and fish life as determined by the Oregon Department of Fish and Wildlife; (C) In accordance with ORS 536.220, the waters of Mill Creek and its tributaries (beginning in Section 22, T31S, R4E, W.M., running thence southwesterly through T31S, R3E, W.M. and T32S, R3E, W.M., to a junction with the Rogue River in Section 32, T32S, R3E, W.M.) are withdrawn from further appropriation for any purpose except domestic use and fish life as determined by the Oregon Department of Fish and Wildlife (ODFW), and the development of hydroelectric power not to exceed one megawatt if: 1) the hydroelectric project is located on Mill Creek at a point at least two miles above the confluence of Mill Creek and the Rogue River, 2) all water appropriated from the stream is returned to the stream at a point at least one-half mile above the confluence of Mill Creek and the Rogue River, and 3) the hydroelectric project was constructed and operated in compliance with ODFW concerning fish conservation, including streamflow requirements based upon biological criteria; (D) In accordance with ORS 538.430, the waters of Big Butte Creek, including its tributaries and springs at the head which form the creek, are withdrawn from further appropriation for any purpose except municipal use by the City of Medford, with the exceptions for Eagle Point Irrigation District as provided in ORS 538.430; (E) 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from its intersection with the south line of Section 27, T33S, R1E, W.M. to its confluence with the Pacific Ocean, are withdrawn from appropriation for any purpose except domestic, stock, irrigation, municipal, fish, wildlife, recreation, and road maintenance; (F) The waters of Indian Creek, Evergreen Creek, Reese Creek, Trail Creek and Elk Creek and tributaries are classified for domestic, livestock 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 purposes specified in subsection (a) of this section; (G) To protect, maintain and perpetuate the resident fish habitat, the recreational value, and the cultural resources of the Upper Rogue Basin, the waters of the following streams and natural lakes shall not be diverted, interrupted or appropriated for power development purposes: (i) All natural lakes in the Upper Rogue Basin; (ii) The Rogue River from the origin near the intersection with the south line of Section 4, Township 29 South, Range 5 East, downstream to USGS stream gage 14328000 (Township 32 South, Range 3 East, Section 19) excluding existing projects; (iii) Union Creek and tributaries; (iv) Abbott Creek and tributaries. (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: (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 river mile 164 when the combined flow measured at stream gages 14330000, Rogue River below Prospect (Township 33 South, Range 3 East, Section 6), and 14334700, South Fork Rogue River, South of Prospect (Township 33 South, Range 3 East, Section 7) is below 835 cubic feet per second except that this limitations 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) Appropriation of water for power development at or near gage 14330000 provided that alternative provisions for flow measurements are included in any permit or license issued for the project. (b)(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 Reese Creek and tributaries when flows are below the specified levels in Table 1, Section B. This limitation shall not apply to: (i) Domestic and livestock uses. Domestic use does not include irrigation of lawns and gardens; (ii) Water legally stored or released from storage, subject to section (3) 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. (3) 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 site: Elk Creek (SW 1/4 SW 1/4, Section 20, Township 33 South, Range 1 East). (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 recreation, fish life or other beneficial uses of water. NOTE: The Upper Rogue Basin includes all of the drainage area of the Rogue River and its tributaries above river mile 133 at the south line of Section 31, Township 35 South, Range 1 West, Willamette Meridian. [ED NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] 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