Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 56 - INSTREAM WATER RIGHTS › Section 340-056-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Assimilative
			 Capacity" means the ability of a receiving water to accept a quantity of a
			 water quality constituent and still meet water quality standards. See also
			 "Loading Capacity" below.
(2)
			 "Biennial Water Quality Status Assessment Report" is the biennial report
			 prepared by the DEQ to meet the requirements of Section 305(b) of the federal
			 Water Quality Act.
(3) "EQC" or
			 "Commission" means the Oregon State Environmental Quality Commission.
(4) "Director" means the Director of the
			 Department of Environmental Quality.
(5) "DEQ" or "Department" means the Oregon
			 State Department of Environmental Quality.
(6) "Instream Water Right" 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. (See ORS
			 537.332(2)).
(7) "Loading Capacity (LC)" means the
			 greatest amount of loading that a water can receive without violating water
			 quality standards. (See OAR 340-041-0002(31)).
(8) "Load Allocation (LA)" means the portion
			 of a receiving water's loading capacity that is attributed either to one of its
			 existing or future nonpoint sources of pollution or to natural background
			 sources. Load allocations are best estimates of the loading which may range
			 from reasonably accurate estimates to gross allotments, depending on the
			 availability of data and appropriate techniques for predicting loading.
			 Wherever possible, natural and nonpoint source loads should be distinguished.
			 (See OAR 340-041-0006(19)).
(9)
			 "ODFW" means the Oregon Department of Fish and Wildlife.
(10) "Outstanding Resource Water" means those
			 waters designated by the Environmental Quality Commission where existing high
			 quality waters constitute an outstanding state or national resource based on
			 their extraordinary water quality or ecological values, or where special water
			 quality protection is needed to maintain critical habitat areas. (See OAR
			 340-041-0002(44)).
(11) "Parks" or
			 "Parks Department" means the Oregon Department of Parks and
			 Recreation.
(12) "Pollution" means
			 such contamination or other alteration of the physical, chemical or biological
			 properties of any waters of the state, including change in temperature, taste,
			 color, turbidity, silt, or odor of the waters, or such radioactive or other
			 substance into any waters of the state which either by itself or in connection
			 with any other substance present, will or can reasonably be expected to create
			 a public nuisance or render such waters harmful, detrimental, or injurious to
			 public health, safety, or welfare, or to domestic, commercial, industrial,
			 agricultural, recreational, or other legitimate beneficial uses or to
			 livestock, wildlife, fish or other aquatic life, or the habitat thereof. (See
			 OAR 340-041-0006(9)).
(13) "Public
			 Benefit" means a benefit that accrues to the public at large rather than to a
			 person, a small group of persons or to a private enterprise. (See ORS
			 537.332.)
(14) "Public Uses" include, but are not
			 limited to:
(a) Recreation;
(b) Conservation, maintenance and enhancement
			 of aquatic and fish life, wildlife, fish and wildlife habitat and any other
			 ecological values;
(c) Pollution
			 abatement; or
(d) Navigation. (See
			 ORS
			 537.332(4).)