Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 410 - STATEWIDE WATER RESOURCE MANAGEMENT
Section 690-410-0050 - Water Resources Protection on Public Riparian Lands
Universal Citation: OR Admin Rules 690-410-0050
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Policy -- The water-related functions of riparian areas on public lands shall be protected. On public lands, management activities in riparian areas shall be planned to maintain or improve riparian conditions that support water-related functions, consistent with the constitutional or statutory purposes of the public land.
(2) Principles:
(a) The policy in section (1) of this rule is
established based on the following principles:
(A) Land and water management are integrally
related;
(B) Proper land management
can provide for many commodity uses for riparian areas while protecting water
resources;
(C) The Legislature has
made it a goal of the people of the state to enhance Oregon's waters through
the management of riparian areas and associated uplands;
(D) The state's integrated, coordinated water
policy needs to address water-related aspects of land management; and
(E) Implementation will be through the
programs of public land management agencies having responsibility over riparian
lands.
(b) To implement
the policy in section (1) of this rule, public land management agencies shall
be advised to consider and accommodate the following principles.
(A) Protect water-related riparian functions
through public land management plans and practices. Water-related riparian area
functions include any or all of the following as applicable to the specific
water body segment: providing streambank stability; contributing coarse woody
debris to dissipate flood energy and create aquatic habitat; maintaining water
tables in relatively close proximity to the ground surface; carrying and
storing flood flows; filtering runoff waters of sediment and potential
pollutants; insulating streams from summer and winter temperature extremes; and
supporting the ecosystem of the adjacent water resource;
(B) Build databases of riparian area
condition, by watershed, sufficient to make the planning and management
decisions to implement this policy. The condition of riparian areas shall be
determined on the basis of the types of functions listed in paragraph (2)(a)(A)
of this rule as known from the best scientific information available;
(C) Monitor the effectiveness of riparian
area management and rehabilitation activities within a watershed in accordance
with land management plans or programs;
(D) Evaluate the effects of proposed
manage-ment or rehabilitation activities, taking into account known conditions
or riparian areas and uplands within the whole watershed and, to the extent
practical, the cumulative impacts of ongoing and proposed management
activities;
(E) Mitigate activities
in riparian areas which are undertaken in accordance with land management
plans. In mitigating activities, actions which avoid and minimize impacts as
described in the mitigation definition found in OAR 690-400-0010 (9)(a) and (b)
are preferred;
(F) Undertake
mitigation when emergencies require action that damages riparian
areas;
(G) Schedule, implement and
monitor efforts to improve impaired water-related functions of riparian areas,
considering the natural recovery potential of affected resources and the
benefits expected from the recovery. Give preference to improvement strategies
which take advantage of natural processes; and
(H) Enforce statutes, rules, and regulations
that require federal land management agencies to exercise their management and
trustee responsibilities to restore, maintain and enhance the riparian areas of
the state. (ORS 541.355(2)(b)(C)).
(3) Applicability:
(a) The policy and principles in sections (1)
and (2) of this rule shall not apply to:
(A)
Privately-owned lands, including those served by a public corporation, such as
an irrigation district; or
(B)
Facilities constructed for the conveyance of water, including but not limited
to irrigation ditches or canals.
(b) Nothing in the policy and principles in
sections (1) and (2) of this rule shall preclude operating or using reservoirs,
ponds, wetlands created for treating water, or other water facilities in
accordance with the purposes for which they were authorized, built or
permitted.
Stat. Auth.: ORS 536
Stats. Implemented: ORS 536
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.