Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 501 - NORTH COAST BASIN PROGRAM
Section 690-501-0005 - Classifications
Universal Citation: OR Admin Rules 690-501-0005
Current through Register Vol. 63, No. 9, September 1, 2024
(1) In accordance with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the North Coast Basin are classified for domestic, livestock, municipal, irrigation, power development, industrial, mining, recreation, wildlife, and fish life, with the following exceptions:
(a) The waters
of the natural lakes of the North Coast Basin are classified for utilization of
water for domestic, livestock, power development not to exceed 7-1/2
theoretical horsepower, and in-lake uses for recreation, wildlife, and fish
life purposes;
(b) The attainment
of the highest and best use of the waters of Clatskanie and Klaskanine Rivers
and their tributaries, Lewis and Clark River and Tillasqua Creek (Big Creek),
has been determined through legislative withdrawal by ORS
538.251 to be for the protection
of fish life. ORS 538.260 states that
538.251 shall not affect any
existing rights or prevent appropriation for domestic, stock, municipal, fish
culture, esthetic, recreational, or public park purposes;
(c) The waters of the Columbia River creating
a tidal influence in the mouths of the tributaries to the Columbia River within
the Columbia Subbasin are classified for utilization of water for domestic,
livestock, municipal, irrigation, indus[-]trial, recreation, wildlife, and fish
life purposes;
(d) The waters of
all streams tributary to Sand Lake are classified only for utilization for
domestic, livestock, use in dairies, irrigation of lawns and noncommercial
gardens not exceeding one-half acre in area, power development and instream use
for recreation, fish life and wildlife purposes;
(e) The waters of Jetty Creek and its
tributaries are classified for utilization of water for human consumption,
livestock consumption, power development and instream uses for recreation,
wildlife and fish life purposes. In addition, up to one cubic foot per second
of the waters of Jetty Creek is classified for municipal use;
(f) The waters of Heitmiller Creek are
classified for utilization of water for human consumption, livestock
consumption, and instream uses for recreation, wildlife and fish life
purposes;
(g) The waters of the
following streams are classified for utilization of water for human
consumption, livestock consumption, power development and instream uses for
recreation, wildlife, and fish life purposes:
(A) Tillamook Subbasin:
(i) All streams tributary to Daley
Lake;
(ii) All streams tributary to
Netarts Bay;
(iii) Coleman Creek and
its tributaries;
(iv) Vaughn Creek
and its tributaries;
(v) Douhty
Creek and its tributaries;
(vi)
Patterson Creek and its tributaries;
(vii) Larson Creek and its
tributaries;
(viii) All streams
tributary to Lake Lytle.
(B) Nehalem Subbasin:
(i) Salmonberry River and its
tributaries;
(ii) Rock Creek and
its tributaries.
(C)
Columbia Subbasin:
(i) Short Sand Creek and
its tributaries;
(ii) Arch Cape
Creek and its tributaries;
(iii)
Cullaby Creek and its tributaries;
(iv) John Day River and its
tributaries;
(v) Gnat Creek and its
tributaries;
(vi) All tributaries
to Westport Slough, except Plympton Creek. In addition to uses in subsection
(g) of this section, permits may also be used to collect and divert polluted
industrial site runoff, before entering OK Creek, for pollution abatement
purposes. This use shall be allowed only on the condition that all applicable
requirements of other agencies are met;
(vii) Tide Creek and its tributaries, except
that water from the main stem Tide Creek from the falls near river mile 3 to
the mouth may be used for gravel washing provided that such use shall not
diminish the flow in Tide Creek below 2.5 cfs;
(viii) Goble Creek and its tributaries,
except that surface water legally stored and released from storage may be used
for any beneficial purpose. Diversion for storage shall be limited to the
period December 1 to February 28.
(2) Structures or works for utilization of the waters in accordance with the aforementioned classifications are also declared to be prejudicial to the public interest unless planned, constructed, and operated in conformity with the applicable provisions of ORS 536.310; and any such structures or works, which do not give cognizance to the multiple-purpose concept, are further declared to be prejudicial to the public interest.
Stat. Auth.: ORS 536.300, 536.340 & 537
Stats .Implemented:
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