Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0040 - Proposed Final Order: Final Determinations and Findings of Fact

Current through Register Vol. 63, No. 7, July 1, 2024
Following the close of the comment period under OAR
				690-054-0030, the Director shall prepare a proposed final order. The proposed
				final order shall recommend either to approve or to deny the conversion of the
				Hydroelectric Water Right to an Instream Water Right. The Director shall make
				the following determinations and findings of fact for inclusion in the proposed
				final order:
(1) The Director shall
			 determine whether the Hydroelectric Water Right is eligible for conversion to
			 an Instream Water Right pursuant to the preliminary eligibility determination
			 of OAR 690-054-0020  and the requirements of ORS
			 543A.305;
(2) The Director shall determine the amount,
			 expressed in cfs, of the Hydroelectric Water Right that is eligible for
			 conversion to an Instream Water Right pursuant to the eligibility determination
			 of OAR 690-054-0020  and the requirements of ORS
			 543A.305;
(3) If the full amount of the Hydroelectric
			 Water Right is not proposed for conversion to an Instream Water Right, the
			 Director shall include an explanation of how the amount proposed for conversion
			 was determined;
(4) The Director
			 shall determine the priority date of the Instream Water Right, in accordance
			 with the requirements of ORS
			 543A.305;
(5) The Director shall determine the point of
			 diversion of the Instream Water Right, in accordance with the requirements of
			 ORS
			 543A.305;
(6) The Director shall determine whether
			 conversion of a Hydroelectric Water Right to an Instream Water Right will
			 result in Injury. In making this determination, the Director shall consider:
(a) The Actual Use of the Project. To
			 determine the Actual Use of the Project, the Director shall consider available
			 documentation including, but not limited to: meter records of flow through a
			 turbine, stream gage records, records of electricity production, seasonal
			 restrictions on use, records of water historically supplied from storage,
			 evidence that storage capacity has or has not been decommissioned, and other
			 evidence of use by the Project;
(b)
			 The resulting impacts on Actual Use by Other Existing Water Rights as of
			 October 23, 1999. To determine the resulting impacts on Actual Use by Other
			 Existing Water Rights as of October 23, 1999, the Director may consider:
(A) Whether Other Existing Water Rights as of
			 October 23, 1999 are junior to and upstream of the Hydroelectric Water
			 Right;
(B) Whether new regulation
			 under Chapter 690, Division 250 would likely be required for the proposed
			 conversion to an Instream Water Right, based upon historic streamflow records,
			 regulation actions historically taken by the watermaster, or other
			 data;
(C) Whether the Hydroelectric
			 Water Right is Subordinated to Other Existing Water Rights as of October 23,
			 1999. If Subordinated, there is a rebuttable presumption that no Injury will
			 occur and that no Mitigation Measures are required to ensure the Continuation
			 of Authorized Water Uses; or
(D)
			 Any other available evidence that may assist the Director to make a finding on
			 Injury;