Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division:
(1) "Affected Local Government" means any
			 local government, as defined in OAR 690-005-0015, within whose jurisdiction the
			 diversion, conveyance, instream or out-of-stream use, or reservation of water
			 is proposed or established.
(2)
			 "Agency" means ODFW, DEQ and Parks.
(3) "Beneficial Use" means the reasonably
			 efficient use of water without waste for a purpose consistent with the laws,
			 rules and the best interests of the people of the state.
(4) "Comment" means a written statement
			 concerning a particular application. The comment may identify elements of the
			 application which, in the opinion of the commenter, would conflict with an
			 existing water right or would impair or be detrimental to the public
			 interest.
(5) "Commission" means
			 the Water Resources Commission
(6)
			 "Contested Case" means a hearing as defined in ORS
			 183.310(2) and
			 conducted according to the procedures described in ORS Chapter 537,
			 183.413 to
			 183.470 and OAR chapter 690,
			 division 2.
(7) "DEQ" means the
			 Department of Environmental Quality
(8) "Department" means the Water Resources
			 Department
(9) "Director" means the
			 director of the Water Resources Department.
(10) "Estimated Average Natural Flow" means
			 average natural flow estimates derived from watermaster distribution records,
			 Department measurement records and application of appropriate available
			 scientific and hydrologic technology.
(11) "Held in Trust by the Water Resources
			 Department" means that the water right must be enforced and protected for the
			 public uses listed in the water right. Actions by the Department affecting
			 instream water rights are limited by public trust obligations.
(12) "Instream" as defined in ORS
			 537.332, means within the
			 natural stream channel or lake bed or place where water naturally flows or
			 occurs.
(13) "Instream flow" means
			 the minimum quantity of water necessary to support the public use requested by
			 an agency.
(14) "Instream lease"
			 means the conversion of all or a portion of an existing water use subject to
			 transfer to an instream water right for a specified time-period as authorized
			 by ORS 537.348(2).
(15) "Instream transfer" means the conversion
			 of all or a portion of an existing water use subject to transfer to an instream
			 water right as authorized by ORS
			 537.348(1).
(16) "Instream Water Right" as defined in ORS
			 537.332, 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 instream for public use. An instream
			 water right does not require a diversion or any other means of physical control
			 over the water.
(17) "Minimum
			 Streamflow" also "minimum perennial streamflow," means an administrative rule
			 provision adopted in a basin program by the Water Resources Commission or its
			 predecessors to implement ORS
			 536.235,
			 536.310(7) and
			 536.325 and support aquatic
			 life, maintain recreation or minimize pollution.
(18) "Multipurpose Storage Project" means any
			 storage project which is designed and operated to provide significant public
			 benefits and provides for more than two beneficial uses and/or
			 purposes.
(19) "ODFW" means the
			 Oregon Department of Fish and Wildlife.
(20) "ODFW flow restoration priority
			 watershed" means a geographic area identified by ODFW where there is a need for
			 flow restoration during a specified season(s) to support fish recovery under
			 the Oregon Plan for Salmon and Watersheds. The ODFW flow restoration priority
			 watersheds are identified in Figures 1 to 18.
(21) "Parks" means the Oregon Parks and
			 Recreation Department.
(22)
			 "Planned" means a determination has been made for a specific course of action
			 either by legislative, administrative or budgetary action of a public body, or
			 by engineering, design work, or other investment toward approved construction
			 by the public or private sector.
(23) "Planned Uses" means the use or uses of
			 water or land which has/have been planned as defined in this rule. Such uses
			 include but are not limited to the policies, provisions, and maps contained in
			 acknowledged city or county comprehensive plans and land use
			 regulations.
(24) "Pollution
			 Abatement" means the use of water to dilute, transport or prevent
			 pollution.
(25) "Protest" means a
			 written statement, filed in accordance with OAR chapter 690, division 2, and
			 the applicable provisions of this division or division 380, expressing
			 disagreement with an action or proposed action by the Department that, under
			 applicable law, may entitle the person filing the protest to become a party to
			 a contested case hearing.
(26)
			 "Public Benefit," as defined in ORS
			 537.332, 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.
(27) "Public Use," as defined in ORS
			 537.332, includes but is 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.