Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Application" means an official instream
			 water right application developed by the Water Resources Department.
(2) "Commission" means the Fish and Wildlife
			 Commission.
(3) "Department" means
			 the Department of Fish and Wildlife.
(4) "Deputy Director" means the deputy
			 director of the Department.
(5)
			 "DEQ" means the Department of Environmental Quality.
(6) "Director" means the director of the
			 Department of Fish and Wildlife.
(7) "Environmental Basin Investigation
			 Reports" means reports on instream flow studies conducted by the OSGC between
			 the mid-1960's and the mid-1970's.
(8) "Forest Service Method" means a
			 methodology developed by the Pacific Northwest Region, USDA Forest Service, to
			 determine instream flow requirements of salmonids (Swank, G. W. and Phillips,
			 R.W. 1976. Instream flow methodology for the Forest Service in the Pacific
			 Northwest Region, pp 334-343. In
Proceedings of Symposium and Special
			 Conference on Instream Flow Needs
, Orsborn, J.F. and O.H. Allman, eds.
			 Vol. II, American Fisheries Society, Bethesda, Maryland).
(9) "Held in Trust by the Water Resources
			 Department", as defined in OAR
			 690-077-0010(8),
			 means that the water right must be enforced and protected for the public uses
			 listed in the water right. Actions by the Water Resources Department affecting
			 instream water rights are limited by public trust obligations.
(10) "IFIM" means Instream Flow Incremental
			 Methodology, a methodology to determine instream flows for fish and other
			 aquatic life, developed by the U.S. Fish and Wildlife Service (Bovee, K.D.
			 1982. A guide to stream habitat analysis using the instream flow incremental
			 methodology. Information Paper No. 12, U.S. Fish and Wildlife Service,
			 FWS/OBS-82-26, Fort Collins, CO).
(11) "Instream Flow Requirement" means the
			 amount of water required for aquatic and fish life, wildlife or fish and
			 wildlife habitat. This requirement may be quantified as an amount of flow, such
			 as in a stream or river, or a water surface elevation in a standing
			 waterway.
(12) "Instream Water
			 Right", as defined in ORS
			 537.332(2),
			 means a water right held in trust by the Water Resources Department for the
			 benefit of the people of the State of Oregon to maintain water in stream for
			 public use. An instream water right does not require a diversion or any other
			 means of physical control over the water.
(13) "Oneflow Method" means a methodology to
			 determine instream flow requirements for salmonid spawning areas based on the
			 mean width, depth and velocity of water in a stream channel at one measure flow
			 (Sams, R.E. and L.S. Pearson, 1963. A study to develop methods for determining
			 spawning flows for anadromous salmonids. Unpublished report, Oregon Fish
			 Commission, Portland, Oregon. 56 pp.).
(14) "Oregon Method" means a methodology to
			 determine instream flow requirements for fish, developed by the OSGC (Thompson,
			 K.E. 1972). Determining streamflows for fish life. pp. 31-50. In Proceedings of
			 the Instream Flow Requirement Workshop, Pacific N.W. River Basins Commission,
			 Portland, OR.
(15) "OSGC" means
			 Oregon State Game Commission (a predecessor to the Department).
(16) "Parks" means the Parks and Recreation
			 Division of the Department of Transportation.
(17) "Public Use" as defined in ORS
			 537.332(4),
			 includes but is not limited to:
(a)
			 Recreation;
(b) Conservation,
			 maintenance and enhance-ment of aquatic and fish life, wildlife, fish and
			 wildlife habitat and any other ecological values;
(c) Pollution abatement; or
(d) Navigation.