Oregon Administrative Rules
Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE
Division 400 - INSTREAM WATER RIGHT RULES
Section 635-400-0040 - Review and Coordination of Instream Water Right Applications Submitted by Other Agencies
Universal Citation: OR Admin Rules 635-400-0040
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Within 30 days of receipt, the Department Habitat Conservation Division shall review and return comments on all draft instream water right applications from other agencies, in accordance with OAR 690-077-0020, for potential adverse impacts or benefits to fish and wildlife populations or their habitats, angling, hunting, trapping and nonconsumptive uses of fish and wildlife:
(a) Every effort shall be made by
the Department to resolve conflicts with draft applications, identified in
section (1) of this rule, before the applications are submitted to WRD by other
agencies;
(b) The Department
Instream Water Right Coordinator shall track the WRD process for instream water
right applications submitted by other agencies in which the Department has an
interest.
(2) The following standards will be used to determine the level of Department participation in the application and certification process:
(a) The Department shall support and shall
provide staff assistance, if needed, to the agency making an instream water
right application if the following standards apply:
(A) State sensitive or state or federally
listed threatened or endangered fish or wildlife or their habitats are
involved;
(B) The requested
instream water right is beneficial to conserving, maintaining or enhancing
significant native fish and wildlife populations or habitat;
(C) The requested instream water right is
beneficial to conserving, maintaining or enhancing Department fish and wildlife
management objectives for commercial harvest, angling, hunting, trapping or
nonconsumptive uses of fish or wildlife;
(D) Requested instream water right is in a
state Scenic Waterway or federal Wild and Scenic River.
(b) The Department shall support but may
elect not to provide staff assistance to an agency making application if the
following standards apply:
(A) An adequate
instream water right for fish and wildlife populations or their habitats
already exists;
(B) The application
is for a waterway that provides no identified benefits for fish or wildlife
populations or their habitats;
(C)
The application is for general recreation or esthetics;
(D) The waterway does not meet priorities and
standards established in OAR
635-400-0020.
(c) The Department shall oppose
draft instream water right applications submitted by agencies if such
applications cause one or more of the following problems:
(A) Increased instream flows provided by
storage are greater than the natural or traditional instream flows occurring
during any time period and cause adverse impacts to fish and wildlife
populations or habitats, commercial harvest, angling, hunting, trapping or
nonconsumptive uses of fish and wildlife;
(B) Decreased lake or reservoir water surface
elevations occur that are lower than the natural or traditional water surface
elevations during any time period and cause losses to fish or wildlife
populations or their habitats, commercial harvest, angling, hunting, trapping
or nonconsumptive uses
of fish and wildlife;
(C) Any proposed storage releases or
reservoir filling schedules that are required to meet the instream water right
and adversely affect Commission policies and program direction established for
that waterway or other affected waterways.
Stat. Auth.: ORS Ch. 496 & 537
Stats. Implemented: ORS Ch. 496 & 537
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