justicedao/ipfs_state_laws huggingface dataset:
690-515-0010 Little Butte Creek Basin (1) Classifications: (a) In accordance with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the Little Butte Creek Basin are classified for domestic, livestock, irrigation, agricultural use, power development, recreation, wildlife, and fish life purposes, except for water administratively withdrawn from appropriation; (b) In accordance with the Order of the State Engineer dated January 22, 1959 (Special Order Vol 9, Page 489), the waters of Antelope Creek and its tributaries are withdrawn from further appropriation except for storage of water from November 1 through March 30 and the appropriation of stored water. (c) Structures or works of 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 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 subject to the provisions of Section D for the waters of the streams listed in Table 2 when flows are below the specified levels. Domestic use does not include irrigation of lawns and gardens. (3) Storage: (a) 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) Lake Creek (E 1/2, Section 30, Township 36 South, Range 2 East); (B) South Fork Little Butte Creek (SE 1/4 SE 1/4, Section 29, Township 36 South, Range 2 East). (b) Storage projects consistent with the purposes of minimum perennial streamflows shall be encouraged. [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
690-515-0020 Bear Creek Basin (1) Classifications: (a) In accordance with the Order of the State Engineer dated January 22, 1959 (Special Order Vol 9, Page 489), the waters of Bear Creek and its tributaries are withdrawn from further appropriation except for storage of water from November 1 through March 30 and the appropriation of stored water; (b) No applications for appropriation of water shall be approved except for beneficial uses involving water legally stored in excess of the amount necessary for existing rights; (c) 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) Water Quality: Rights to use of water for industrial 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. (3) Power Development: Rights to use of water for power development purposes shall be issued only on the condition, as demonstrated by the applicant, that any dams, diversions, generating facility, or return flows shall not significantly interfere with recreational, fish life or other beneficial uses of water. (4) Storage: (a) 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) Walker Creek, NE 1/4 Section 12, Township 39 South, Range 1 East, Willamette Meridian; (B) West Fork Ashland Creek (Winburn site), NE 1/4 Section 32, Township 39 South, Range 1 East, Willamette Meridian; (C) West Fork Ashland Creek (Ranger site), SW 1/4 Section 28, Township 39 South, Range 1 East, Willamette Meridian. (b) Storage projects consistent with the purposes of minimum perennial streamflows shall be encouraged. 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
690-516-0010 Minimum Perennial Streamflows (1) For the purpose of maintaining minimum perennial streamflows sufficient to support aquatic life, no appropriations of water except for human consumption, livestock con-sumption and irrigation of non-commercial gardens not to exceed one-half acre in area and waters legally released from storage shall be granted for waters of the following streams when flows are at or below the levels specified in Table 1. (2) The minimum perennial streamflows established by the October 24, 1958, Umpqua Basin program shall remain in effect over appropriations issued from October 24, 1958 to March 26, 1974. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 536.300, 536.340 & 536.410 History: WRD 3-2012, f. & cert. ef. 12-12-12 WRD 8-1991, f. & cert. ef. 11-7-91, Renumbered from 690-080-0160 WRD 9-1985, f. & cert. ef. 8-2-85 WRD 8-1985, f. & cert. ef. 8-2-85 WRD 4-1985, f. & cert. ef. 5-15-85 WRD 7-1984, f. & cert. ef. 12-27-84 WRD 8-1982, f. & cert. ef. 7-1-82 WRD 6-1981(Temp), f. & cert. ef. 8-25-81 WRD 4-1981, f. & cert. ef. 5-28-81 WRD 8-1977(Temp), f. & cert. ef. 7-22-77 WRB 58, f. & cert. ef. 4-15-74 WRB 27, f. & cert. ef. 5-11-64 WRB 22, f. & cert. ef. 11-16-62 WRB 11, f. & cert. ef. 10-31-60 WRB 9, f. & cert. ef. 4-21-59
690-516-0030 Out-of-Basin Appropriations To support present and proposed Umpqua River Basin water resource development, no out-of-basin appropriation of the waters of the Umpqua River Basin shall be granted without the prior approval of, and following a public hearing by, the Water Resources Commission. Statutory/Other Authority: ORS 536.300, 536.340 & 536.410 History: WRD 3-2012, f. & cert. ef. 12-12-12 WRD 8-1991, f. & cert. ef. 11-7-91, Renumbered from 690-080-0160 WRD 9-1985, f. & cert. ef. 8-2-85 WRD 8-1985, f. & cert. ef. 8-2-85 WRD 4-1985, f. & cert. ef. 5-15-85 WRD 7-1984, f. & cert. ef. 12-27-84 WRD 8-1982, f. & cert. ef. 7-1-82 WRD 6-1981(Temp), f. & cert. ef. 8-25-81 WRD 4-1981, f. & cert. ef. 5-28-81 WRD 8-1977(Temp), f. & cert. ef. 7-22-77 WRB 58, f. & cert. ef. 4-15-74 WRB 27, f. & cert. ef. 5-11-64 WRB 22, f. & cert. ef. 11-16-62 WRB 11, f. & cert. ef. 10-31-60 WRB 9, f. & cert. ef. 4-21-59
690-516-0040 Water Quality Rights to use of water granted by any state agency in accordance with this water-use program shall be issued only on the condition that any effluents or return flows from such uses shall not interfere with other beneficial uses of water. Statutory/Other Authority: ORS 536.300, 536.340 & 536.410 History: WRD 8-1991, f. & cert. ef. 11-7-91, Renumbered from 690-080-0160 WRD 9-1985, f. & cert. ef. 8-2-85 WRD 8-1985, f. & cert. ef. 8-2-85 WRD 4-1985, f. & cert. ef. 5-15-85 WRD 7-1984, f. & cert. ef. 12-27-84 WRD 8-1982, f. & cert. ef. 7-1-82 WRD 6-1981(Temp), f. & cert. ef. 8-25-81 WRD 4-1981, f. & cert. ef. 5-28-81 WRD 8-1977(Temp), f. & cert. ef. 7-22-77 WRB 58, f. & cert. ef. 4-15-74 WRB 27, f. & cert. ef. 5-11-64 WRB 22, f. & cert. ef. 11-16-62 WRB 11, f. & cert. ef. 10-31-60 WRB 9-1959, f. & cert. ef. 4-21-59
690-517-0010 Reservations Water in the amounts specified is reserved in the following streams for municipal use: (1) Chetco River — three cfs, downstream from the confluence with the North Fork Chetco River. (2) Winchuck River — one cfs, downstream from the confluence with Bear Creek. [ED. NOTE: The South Coast Basin is delineated on agency Map, File 17.6, available from the agency.] Statutory/Other Authority: ORS 536 & 537 History: WRD 5-1984, f. & cert. ef. 10-30-84, Renumbered from 690-080-0170 WRD 4-1981, f. & cert. ef. 5-28-81 WRD 6-1980, f. & cert. ef. 4-11-80 WRD 1-1979, f. & cert. ef. 2-1-79 WRD 6-1977, f. & cert. ef. 7-5-77 WRD 4-1977, f. & cert. ef. 5-6-77 WRB 28-1964, f. & cert. ef. 6-2-64 WRB 24-1963, f. & cert. ef. 12-16-63
690-517-0020 Minimum Perennial Streamflows (1) For the purpose of maintaining a minimum perennial streamflow sufficient to support aquatic life, no appropriations of water except for domestic or livestock uses and irrigation of noncommercial gardens not exceeding one-half acre in area shall be allowed for waters of the streams and tributaries listed in Table 1 when flows are below the specified levels. (2) The Water Resources Commission requests the opportunity to review applications for an allowed beneficial use that has traditionally been identified as nonconsumptive or take-and-put, such as fish hatcheries, hydroelectric facilities, municipal or water process industries that could potentially impact, in an adverse way, the Commission’s minimum flow regime or the public interest. The Water Resources Commission intends to continue to protect, in its entirety, that portion of the stream system on which any minimum streamflow has been established. Permitting procedures and water use regulation should reflect that objective as far as possible under the law. The Commission solicits the advice or complaints of any party who is aware that the objectives are not being met. (3) Minimum flows established in the Water Resource Program for the South Coast Basin dated May 22, 1964 (Table 2), shall remain in full force and effect except as follows: (a) The minimum perennial streamflow for the Elk River above U.S. Highway 101 crossing (45 cfs) is rescinded; (b) The minimum perennial streamflow for the Coquille River Middle Fork above Bear Creek (4 cfs) is rescinded; (c) The minimum perennial streamflow for the Sixes River above the U.S. Highway 101 crossing is reduced to 25 cfs during the period from August 1 to September 30; (d) The minimum perennial streamflow for the South Fork Coquille River near Powers is reduced to 15 cfs during the period from June 16 to September 30. (4) For purposes of distributing water, minimum flows established in 1964 shall be considered part of and not in addition to revised minimum flow regimes. (5) 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 Coquille River and tributaries when flows are below the specified levels in Table 2. This limitation shall not apply to: (a) Domestic and livestock uses and irrigation of non-commercial gardens not exceeding 1/2 acre in area; (b) Water legally released from storage. [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: The South Coast Basin is delineated on agency Map, File 17.6, available from the agency.] Statutory/Other Authority: ORS 536 & 537 History: WRD 3-2012, f. & cert. ef. 12-12-12 WRD 5-1984, f. & cert. ef. 10-30-84, Renumbered from 690-080-0170 WRD 4-1981, f. & cert. ef. 5-28-81 WRD 6-1980, f. & cert. ef. 4-11-80 WRD 1-1979, f. & cert. ef. 2-1-79 WRD 6, f. & cert. ef. 7-5-77 WRD 4, f. & cert. ef. 5-6-77 WRB 28-1964, f. & cert. ef. 6-2-64 WRB 24-1963, f. & cert. ef. 12-16-63
690-517-0030 Storage The following reservoir sites should be protected through the comprehensive land-use planning process for possible future development or until alternative methods of meeting water needs have been developed: (1) West Fork of the Millicoma River, site 223; (2) South Fork of Coquille River at Eden Ridge, site 430; (3) North Fork Coquille River, site 146A; (4) Rock Creek at Rasler Creek, site 201; (5) Catching Creek, site 101; (6) Fourmile Creek, site 158; (7) North Fork Floras Creek at Okietown, site 435; (8) North Fork Chetco River, site 239; (9) Wheeler Creek, site 241; (10) East Fork Winchuck River, site 243; (11) Joe Ney Slough. [ED. NOTE: The South Coast Basin is delineated on agency Map, File 17.6, available from the agency.] Statutory/Other Authority: ORS 536 & 537 History: WRD 5-2017, minor correction filed 12/13/2017, effective 12/13/2017 WRD 3-2012, f. & cert. ef. 12-12-12 WRD 5-1984, f. & cert. ef. 10-30-84, Renumbered from 690-080-0170 WRD 4-1981, f. & cert. ef. 5-28-81 WRD 6-1980, f. & cert. ef. 4-11-80 WRD 1-1979, f. & cert. ef. 2-1-79 WRD 6-1977, f. & cert. ef. 7-5-77 WRD 4-1977, f. & cert. ef. 5-6-77 WRB 28-1964, f. & cert. ef. 6-2-64 WRB 24-1963, f. & cert. ef. 12-16-63
690-517-0040 Out-of-Basin Appropriations No out-of-basin diversion of South Coast Basin water shall be granted without the prior approval of, and following a public hearing by, the Water Resources Commission. [ED. NOTE: The South Coast Basin is delineated on agency Map, File 17.6, available from the agency.] Statutory/Other Authority: ORS 536 & 537 History: WRD 3-2012, f. & cert. ef. 12-12-12 WRD 5-1984, f. & cert. ef. 10-30-84, Renumbered from 690-080-0170 WRD 4-1981, f. & cert. ef. 5-28-81 WRD 6-1980, f. & cert. ef. 4-11-80 WRD 1-1979, f. & cert. ef. 2-1-79 WRD 6-1977, f. & cert. ef. 7-5-77 WRD 4-1977, f. & cert. ef. 5-6-77 WRB 28-1964, f. & cert. ef. 6-2-64 WRB 24-1963, f. & cert. ef. 12-16-63
690-518-0020 Reservations (1) In addition to the uses specified in subsection (1)(a) of OAR 690-518-0010, 1.5 cfs of the water of Woahink Lake are reserved for municipal purposes and 0.75 cfs for public park purposes. (2) The waters of the following streams are reserved for municipal purposes in the amounts specified: (a) Alsea River below stream mile 25 — 5 cfs. (b) Yachats River below stream mile 5 — 1 cfs. (3) The waters of the following streams are reserved for multipurpose storage for future economic development as allowed under ORS 537.356 with a priority date of May 5, 2006: (a) A reservation of 374 acre-feet of unappropriated water in Rock Creek, tributary to Devil’s Lake, (b) A reservation of 1,250 acre-feet of unappropriated water from Treat River, tributary to Salmon River, (c) A reservation of 1,350 acre-feet of unappropriated water from an unnamed stream (locally referred to as “Side Creek”), tributary to Devil’s Lake, for future application exclusively by the City of Lincoln City. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: 536.310, 537.249, 537.356 & 537.358 History: WRD 1-2007, f. & cert. ef. 1-5-07 WRD 20-1990, f. & cert. ef. 12-14-90, Renumbered from 690-080-0180 WRD 5-1987, f. & cert. ef. 5-20-87 WRD 4-1984, f. & cert. ef. 10-30-84 WRD 4-1981, f. & cert. ef. 5-28-81 WRB 62, f. 3-26-75 WRB 59, f. 4-15-74 WRB 36, f. 7-27-66
690-518-0030 Minimum Perennial Streamflows (1) For the purpose of maintaining a minimum perennial streamflow sufficient to support aquatic life and recreation, no appropriations of water except for reservations in OAR 690-518-0020, human consumption, livestock con-sumption, or waters legally released from storage shall be granted for the waters of the following streams and their tributaries for flows below the amounts specified in Table 1. (2)(a) To support aquatic life and minimize pollution, in accordance with Section 3, Chapter 796, Oregon Laws 1983, no appropriation of water shall be granted for waters of the streams and tributaries listed in Table 2 when flows are below the specified levels. This limitation shall not apply to: (A) Human and livestock consumption; and (B) Water legally released from storage. (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) The minimum perennial streamflows established by the July 12, 1966 Mid-Coast Basin Program shall remain in effect over appropriations issued from July 12, 1966 to March 26, 1974. [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 20-1990, f. & cert. ef. 12-14-90, Renumbered from 690-080-0180 WRD 5-1987, f. & cert. ef. 5-20-87 WRD 4-1984, f. & cert. ef. 10-30-84 WRD 4-1981, f. & cert. ef. 5-28-81 WRB 62, f. 3-26-75 WRB 59, f. 4-15-74 WRB 36, f. 7-27-66
690-518-0050 Out-of-Basin Appropriations To support present and proposed Mid-Coast Basin water resource development, no out-of-basin appropriation of the waters of the Mid-Coast Basin shall be granted without prior approval of, and following a public hearing by, the Water Resources Commission. Statutory/Other Authority: ORS 536 & 537 History: WRD 3-2012, f. & cert. ef. 12-12-12 WRD 20-1990, f. & cert. ef. 12-14-90, Renumbered from 690-080-0180 WRD 5-1987, f. & cert. ef. 5-20-87 WRD 4-1984, f. & cert. ef. 10-30-84 WRD 4-1981, f. & cert. ef. 5-28-81 WRB 62, f. 3-26-75 WRB 59, f. 4-15-74 WRB 36, f. 7-27-66
690-518-0060 Water Quality Rights to use of water granted by any state agency in accordance with this water use program shall be issued only on the condition that any effluents or return flows from such uses shall not interfere with other beneficial uses of water. Statutory/Other Authority: ORS 536 & 537 History: WRD 20-1990, f. & cert. ef. 12-14-90, Renumbered from 690-080-0180 WRD 5-1987, f. & cert. ef. 5-20-87 WRD 4-1984, f. & cert. ef. 10-30-84 WRD 4-1981, f. & cert. ef. 5-28-81 WRB 62, f. 3-26-75 WRB 59, f. 4-15-74 WRB 36, f. 7-27-66
690-519-0000 Classifications (1) The maximum economic development of this state and the attainment of the highest and best use of the waters of the Columbia River from the Oregon-Washington border near river mile 309 to the confluence with the Pacific Ocean and the attainment of an integrated and coordinated program for the benefit of the state will be furthered through utilization of the aforementioned waters only for instream use for power development, navigation, recreation, wildlife and fish life, and the waters of the Columbia River are hereby so classified with the following exception: The maximum economic development of this state, the attainment of the highest and best use of 30 million acre-feet annually of natural flows of the Columbia River, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, municipal, mining, industrial, agricultural use, irrigation, recreation, power development, pollution abatement, wildlife and fish life uses, and the 30 million acre-feet annually of natural flows of the Columbia River are hereby so classified and reserved for exclusive use within the State of Oregon. (2) Applications for the use of water for any purposes contrary to classifications specified in the basin program shall not be accepted or granted except as provided by law. The Director shall notify the Board and other interested individuals or agencies of the intent to accept an application for use in conflict with the adopted program in accordance with ORS 536.380 if the proposed use will not have a significant impact on any other water use as provided in OAR 690-519-0000 through 690-519-0050. (3) The planning, construction and operation of any structures or works for the utilization of water in accordance with the aforementioned classifications are to conform with the applicable provisions of ORS 536.310, including, but not restricted to, the recommendation of the multiple purpose concept. Statutory/Other Authority: ORS 536 & 537 History: WRD 5-1983, f. & cert. ef. 8-19-83
690-519-0010 Power Operations (1) It is of the highest priority and in the public interest that mainstem federal project operators shall provide instream flows in the Columbia River sufficient to support fish life, navigation and recreational uses, and that federal project operators shall incorporate such flow levels as a firm requirement in all power system planning and operation agreements and procedures. (2) Hydropower peaking operations which do not cause excessive reservoir fluctuations to interfere with beneficial uses of water are declared to be in the public interest. To minimize adverse impacts on other beneficial water uses, federal project operators shall not exceed project limits on reservoir rates of change. Statutory/Other Authority: ORS 536 & 537 History: WRD 5-1983, f. & cert. ef. 8-19-83
690-519-0020 Out-of-State Appropriations To support present and proposed resource development in Oregon no out-of-state appropriations of water shall be made or granted by any agency or public corporation of the state for the waters of the Columbia River or its tributaries. Statutory/Other Authority: ORS 536 & 537 History: WRD 5-1983, f. & cert. ef. 8-19-83
690-519-0030 Resource Management (1) A combination of additional storage development, wise use of available ground water supplies and implementation of cost effective conservation measures is required to satisfy future demands in the Columbia Basin and should be fostered and encouraged. (2) It is in the public interest to have one organization responsible for the coordination of the various resource management agencies to effectively manage the Columbia River for the maximum beneficial use an control of the water resources. Statutory/Other Authority: ORS 536 & 537 History: WRD 5-1983, f. & cert. ef. 8-19-83
690-519-0040 Water Quality Rights to the use of water for industrial or municipal purposes granted by any state agency shall be issued only on condition that any effluents or return flows from such uses shall not interfere with recreational, fish life, or other beneficial uses of water. Statutory/Other Authority: ORS 536 & 537 History: WRD 5-1983, f. & cert. ef. 8-19-83
690-519-0050 Existing Rights This program does not modify, set aside or alter any existing right to use water or the priority of such use established under existing law. Statutory/Other Authority: ORS 536 & 537 History: WRD 5-1983, f. & cert. ef. 8-19-83
690-520-0000 Classifications (1) The highest public benefit to the state and the attainment of the highest and best use of the waters of the Snake River from river mile 176.0 to river mile 247.0 and the attainment of an integrated and balanced program for the benefit of the state as a whole will be achieved through utilization of the aforementioned waters only for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, fish and wildlife, and recreation purposes and the aforementioned waters of the Snake River are hereby so classified. (2) Applications for the use of such waters shall not be accepted by any state agency for any other purpose and applications for such other purposes are declared to be prejudicial to the public interest and the granting of applications for such other uses would be contrary to the integrated, coordinated program for the use and control of the water resources of the state. (3) 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 the 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. Statutory/Other Authority: ORS 536 & 537 History: WRB 61, f. 11-5-74 WRB 27, f. 5-11-64 WRB 10, f. 3-14-60