690-093-0130 Seasonally Varying Flows (1) For the purposes of this section “sufficient” information means enough scientific information collected using standard biological, hydrologic, or hydraulic methods to develop the recommended flow prescription. (2) The Department shall make a determination as provided under subsection (3) of this section if an application for a loan or grant is for a project that requires a water storage or aquifer recharge permit or limited license for the storage of water outside of the official irrigation season and: (a) Impounds surface water on a perennial stream; (b) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or (c) Diverts more than 500 acre-feet of surface water from October 1 through September 30 of a given year. (3) The Department shall review a completed application to determine whether the applicable seasonally varying flows have been established for the stream of interest. If the Department determines that the applicable seasonally varying flows have not been established, the Department shall establish the seasonally varying flows before issuing a loan or grant. The establishment of the seasonally varying flows by the Department shall occur after an application has been selected for funding based on the criteria of OAR 690-093-0100. The Department may use Water Supply Development Account moneys to pay the cost of establishing a seasonally varying flow and to pay other costs directly related to project development. (4) The Department shall establish any seasonally varying flows under subsection (3) of this section in consultation with the State Department of Fish and Wildlife and any affected Indian tribes. The Department may rely upon existing scientific data and analysis or may fund new data and analysis. The Department shall determine the method for development of a seasonally varying flow prescription using the matrix provided in Appendix OAR 690-093. (5) If the Department establishes applicable seasonally varying flows for the stream of interest, the Department shall make the seasonally varying flows a condition of: (a) The new or existing water storage or aquifer recharge permit or limited license for the storage of water issued for any project described in subsection (2) of this section that receives a loan or grant from the account; and (b) The new or existing water storage or aquifer recharge permit or limited license for the storage of water issued for any subsequent project that: (A) Receives a loan or grant from the account; (B) Is for the storage of water outside of the official irrigation season; and (C) Has a diversion point that is subject to seasonally varying flows. (6) The applicant for a permit or license described in subsection (5)(b) of this section may request that seasonally varying flows established under subsection (3) of this section for the stream of interest be altered based upon new information. There is, however, a rebuttable presumption that existing applicable seasonally varying flows protect and maintain the biological, ecological and physical functions of the stream to the extent required by Commission rules. (7) The Department shall condition a water storage permit and resulting certificate, aquifer recharge permit and resulting certificate or limited license for a project that receives a grant or loan from the account and meets the other conditions described in subsection (5) of this section to protect the seasonally varying flow in effect at the time the loan or grant is issued for the project. (8) For purposes of any project that receives a loan or grant and meets the other conditions described in subsection (5) of this section, the Department shall use the matrix provided in Appendix OAR 690-093 for determining the seasonally varying flow prescription. (9) The matrix in Appendix OAR 690-093 contains the following considerations: (a) The level of ecological impact of the proposed project including: (A) Whether the project is diverting water from a stream supporting sensitive, threatened, or endangered species; (B) Whether the impoundment is located in-channel; (C) Whether the impoundment or proposed project has an impact on sensitive habitat/process; (D) Whether the project is proposing to divert more than half of the remaining available water in the basin; (E) Whether the majority of water is already developed in the basin. (b) The type of information already available including: (A) Whether there is sufficient long-term data to understand the natural hydrograph; (B) Whether there is sufficient information to understand climate driven shifts to the flow regime; (C) Whether there is sufficient information about water availability; (D) Whether there is sufficient information about all species present at/below the point of diversion and their lifecycle needs; (E) Whether there are habitat studies that provide sufficient information to understand the relationship between selected habitat features and streamflow; (F) Whether there are geomorphological studies or data that provide sufficient information to understand the relationship between sediment transport and streamflow; (G) Whether there is sufficient stream data available to describe stream complexity and floodplain connectivity; and (H) Whether there is sufficient water quality data available, particularly related to temperature. (10) Subsections (1) through (9) of this section do not eliminate or alter any applicable standard for department review of an application to determine whether water is available for purposes of reviewing an application for a new water storage or aquifer recharge permit or a limited license for the storage of water. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15