Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 410 - STATEWIDE WATER RESOURCE MANAGEMENT › Section 690-410-0070 - Water Allocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy.
			 The waters of the state shall be allocated within the capacity of the resource
			 and consistent with the principle that water belongs to the public to be used
			 beneficially without waste. Water shall be allocated among a broad range of
			 beneficial uses to provide environmental, economic, and social benefits. The
			 waters of the state shall be protected from over-appropriation by new
			 out-of-stream uses of surface water or new uses of groundwater.
(2) Principles. Programs to achieve the
			 policy in section (1) of this rule shall be guided by the following principles:
(a) The surface waters of the state shall be
			 allocated to new out-of-stream uses only during months or half-month periods
			 when the allocations will not contribute to over-appropriation. However, when a
			 stream is over-appropriated, some addi-tional uses may be allowed where public
			 interest in those uses is high and uses are conditioned to protect instream
			 values;
(b) The groundwater of the
			 state shall be allocated to new beneficial uses when the allocations will not
			 contribute to the over-appropriation of groundwater sources. Restrictions on
			 allocations of water for exempt groundwater uses may be considered when a
			 groundwater source is over-appropriated;
(c) New allocations of water for the purpose
			 of filling storage facilities may be allowed notwithstanding subsection (a) of
			 this section. Protection may be afforded to all water rights and instream uses
			 by establishing storage filling seasons in basin rules, by considering the need
			 for minimum pass-through flows on water rights, or establishing by rule other
			 conditions consistent with the state policy on water storage as a prerequisite
			 for allocation. In setting a storage season, consideration shall be given to
			 avoiding periods of the year when flows are low and seldom exceed the needs of
			 water rights and when additional flows are needed to support public
			 uses;
(d) A determination that a
			 stream is over-appropriated does not affect the allocation of legally stored
			 water from existing or future facilities;
(e) When surface water or groundwater is
			 known to be contaminated, it may be allocated to new uses only if the
			 Commission determines, after consultation with the Department of Environ-mental
			 Quality (DEQ) or the Oregon State Health Division (OSHD), that the use does not
			 pose a significant hazard to human health or the environment. Groundwater
			 allocation may be restricted if the Department determines that use would likely
			 result in the spread of existing groundwater contamination;
(f) Water shall not be allocated if the
			 proposed use would injure the exercise of existing water rights or
			 permits;
(g) The Scenic Waterways
			 Act declares that the highest and best uses of the waters within State Scenic
			 Waterways are fish, wildlife, and recreation. Allocations to new out-of-stream
			 uses in State Scenic Waterways shall be consistent with the Scenic Waterways
			 Act. Allocations to new out-of-stream uses in and above State Scenic Waterways
			 shall not interfere with the maintenance of flow levels necessary for the
			 purposes of Scenic Waterways;
(h)
			 When instream flow needs are not protected by instream water rights, new
			 out-of-stream allocations may be limited or conditioned to protect public
			 uses;
(i) When allocating water for
			 new uses, the Commission shall assure compliance with the Statewide Planning
			 Goals and compatibility with local comprehensive plans in accordance with the
			 Department's certified State Agency Coordination Program;
(j) When classifying allowable new uses of
			 water or establishing reservations, the Commission shall seek consistency with
			 management plans for public lands and resources, and with state, regional, and
			 local resource management and economic plans;
(k) Conservation, storage development, water
			 right transfers, and leases are means to maximize beneficial uses and to meet
			 the changing needs of society and shall be encouraged and
			 facilitated;
(l) Future allocation
			 of water for out-of-basin diversions shall be allowed only if consistent with
			 this policy and the conditions specified in existing statute and
			 rule.