(a) The maximum economic development of this
state, the attainment of the highest and best use of the waters of the Middle
Deschutes River Basin, and the attainment of an integrated and coordinated
program for the benefit of the state as a whole will be furthered through
utilization of the aforementioned waters only for domestic, livestock,
municipal, irrigation, power development, industrial, mining, recreation,
wildlife and fish life uses and the waters of the Middle Deschutes River Basin
are hereby so classified with the following exceptions:
(A) OAR 690-505-0050, Lower Main Stem
Deschutes River, adopted April 3, 1964, as modified by the Water Policy Review
Board;
(B) The maximum economic
development of this state, the attainment of the main stem Metolius River,
above river mile 13.0, and the attainment of an integrated and coordinated
program for the benefit of the state as a whole will be furthered through
utilization of the aforementioned waters only for domestic, livestock,
irrigation of lawn or noncommercial garden not to exceed one-half acre in area,
power development, recreation, wildlife and fish life uses and the waters of
the main stem, Metolius River, above river mile 13.0, are hereby so
classified;
(C) Further, no
out-of-basin diversions of the waters of the mainstem Metolius River, above
river mile 13.0, shall be permitted for any use;
(D) No further appropriations except for
domestic or livestock uses shall be permitted for waters of the mainstem
Deschutes River, from the head of Lake Billy Chinook near river mile 120 to the
North Canal Dam near river mile 165;
(E) The maximum economic development of this
state, the attainment of the highest and best use of the waters of the natural
lakes of the Middle Deschutes River Basin, and the attainment of an integrated
and coordinated program for the benefit of the state as a whole will be
furthered through utilization of the aforementioned waters only for domestic,
livestock, irrigation of lawn or noncommercial garden not to exceed one-half
acre in area, power development not to exceed 7-1/2 theoretical horsepower,
recreation, wildlife and fish life uses.
(b) Applications for the use of the waters of
the Middle Deschutes River Basin shall not be accepted by any state agency for
any other use and the granting of applications for such other uses is declared
to be prejudicial to the public interest and the granting of applications for
such other uses would be contrary to the integrated and coordinated program for
the use and control of the water resources of the state;
(c) Structures or works for the 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 are further declared to be prejudicial to the public interest which do
not give proper cognizance to the multiple-purpose concept.
