Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 515 - ROGUE BASIN PROGRAM › Section 690-515-0000 - Upper Rogue Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Classifications:
(a) In accordance with ORS
			 536.220,
			 536.300,
			 536.310, and
			 536.340, the waters of the upper
			 Rogue River Basin are classified with the following exceptions:
(A) Those waters on which development is
			 further restricted by ORS
			 542.210;
(B) In accordance with ORS
			 538.220, the waters of Barr
			 Creek (beginning in Section 1, T32S, R3E, W.M. and in Section 6 and Section 7,
			 T32s, R4E, W.M. running thence in a general southwesterly direction through
			 T32S, R3E, W.M. to a junction with the Rogue River in Section 32, T32S,
			 R3EW.M.) and its tributaries are withdrawn from further appropriation for any
			 purpose except domestic use and fish life as determined by the Oregon
			 Department of Fish and Wildlife;
(C) In accordance with ORS
			 536.220, the waters of Mill
			 Creek and its tributaries (beginning in Section 22, T31S, R4E, W.M., running
			 thence southwesterly through T31S, R3E, W.M. and T32S, R3E, W.M., to a junction
			 with the Rogue River in Section 32, T32S, R3E, W.M.) are withdrawn from further
			 appropriation for any purpose except domestic use and fish life as determined
			 by the Oregon Department of Fish and Wildlife (ODFW), and the development of
			 hydroelectric power not to exceed one megawatt if: 1) the hydroelectric project
			 is located on Mill Creek at a point at least two miles above the confluence of
			 Mill Creek and the Rogue River, 2) all water appropriated from the stream is
			 returned to the stream at a point at least one-half mile above the confluence
			 of Mill Creek and the Rogue River, and 3) the hydroelectric project was
			 constructed and operated in compliance with ODFW concerning fish conservation,
			 including streamflow requirements based upon biological criteria;
(D) In accordance with ORS
			 538.430, the waters of Big Butte
			 Creek, including its tributaries and springs at the head which form the creek,
			 are withdrawn from further appropriation for any purpose except municipal use
			 by the City of Medford, with the exceptions for Eagle Point Irrigation District
			 as provided in ORS 538.430;
(E) In accordance with ORS
			 538.270, the waters of the main
			 channel of the Rogue River (excluding tributaries) from its intersection with
			 the south line of Section 27, T33S, R1E, W.M. to its confluence with the
			 Pacific Ocean, are withdrawn from appropriation for any purpose except
			 domestic, stock, irrigation, municipal, fish, wildlife, recreation, and road
			 maintenance;
(F) The waters of
			 Indian Creek, Evergreen Creek, Reese Creek, Trail Creek and Elk Creek and
			 tributaries are classified for domestic, livestock and instream use for
			 recreation, fish life and wildlife, except for the use of stored water. Water
			 diverted for storage between November 1 and March 31 may be used for purposes
			 specified in subsection (a) of this section;
(G) To protect, maintain and perpetuate the
			 resident fish habitat, the recreational value, and the cultural resources of
			 the Upper Rogue Basin, the waters of the following streams and natural lakes
			 shall not be diverted, interrupted or appropriated for power development
			 purposes:
(i) All natural lakes in the Upper
			 Rogue Basin;
(ii) The Rogue River
			 from the origin near the intersection with the south line of Section 4,
			 Township 29 South, Range 5 East, downstream to USGS stream gage 14328000
			 (Township 32 South, Range 3 East, Section 19) excluding existing
			 projects;
(iii) Union Creek and
			 tributaries;
(iv) Abbott Creek and
			 tributaries.