Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Objectives. The objectives of the Commission in managing the surface and ground
water resources of the Warner Lakes Subbasin are to:
(a) Avoid additional conflicts over
inadequate supplies of water from and protecting the remaining instream flows
in Deep and Camas, Honey and Snyder, and Twentymile Creeks;
(b) Maintain water levels in Pelican and
Crump Lakes.
(2)
Classifications. Except as otherwise provided in this subsection, the surface
and ground waters of the Warner Lakes Subbasin are classified for agriculture,
domestic, fish life, ground water recharge, industrial, instream, irrigation,
mining, municipal, pollution abatement, power, recreation and stockwater uses.
(a) Except as provided in paragraphs (C) and
(D) of this subsection, surface waters of Deep Creek and tributaries below the
point where Deep Creek enters Section 20, Township 40S, Range 22E are
classified for any beneficial use of stored water, domestic and stockwater
uses;
(b) Surface waters of Deep
Creek and tributaries above the point where Deep Creek enters Section 20,
Township 40S, Range 22E are classified for any beneficial use of stored water,
domestic, instream and stockwater uses;
(c) Surface waters of Burnt Creek and
tributaries above the point where Burnt Creek enters the east 1/2 section,
Section 5, Township 40S, Range 22E are classified for any beneficial use of
stored water, domestic, instream and stockwater uses;
(d) Surface waters of Willow Creek and
tributaries above the point where Willow Creek enters Section 8, Township 40S,
Range 22E are classified for any beneficial use of stored water, domestic,
instream and stockwater uses;
(e)
Surface waters of Honey Creek and tributaries below the point where Honey Creek
enters Section 28, Township 36S, Range 22E are classified for any beneficial
use of stored water, domestic and stockwater uses;
(f) Surface waters of Honey Creek and
tributaries above the point where Honey Creek enters Section 28, Township 36S,
Range 22E are classified for any beneficial use of stored water, domestic,
instream and stockwater uses;
(g)
Surface waters of Twentymile Creek and tributaries are classified for any
beneficial use of stored water, domestic and stockwater uses;
(h) Ground water from alluvial aquifers
within the Deep Creek drainage and above the point where Deep Creek enters
Section 21, Township 39S, Range 24E is classified for domestic and stockwater
uses only;
(i) Ground water from
alluvial aquifers within the Honey Creek drainage and above the point where
Honey Creek enters Section 29, Township 36S, 24E is classified for domestic and
stockwater uses only;
(j) Ground
water from alluvial aquifers within the Twentymile Creek drainage and above the
point where Twentymile Creek enters Section 24, Township 40S, Range 23E is
classified for domestic and stockwater uses only;
(k) Ground water from any well within 1,000
feet of Deep, Honey or Twentymile Creeks, or a tributary, and taking water from
an unconfined aquifer is classified for domestic and stockwater uses only. This
paragraph only applies to wells within the following areas:
(A) Sections 26-29 and 32-34; Township 36S;
Range 24E;
(B) Sections 1-4, 9-16,
21-29 and 31-36; Township 39S; Range 24E;
(C) Sections 6, 7, 17-20 and 29-32; Township
39S; Range 25E;
(D) Sections 12, 13
and 24; Township 40S; Range 23E;
(E) Sections 1-11, 15-21 and 28-30; Township
40S; Range 24E;
(F) Sections 5, 6
and 8; Township 40S; Range 25E.
(3) Reservoir Standards. Development of a
reservoir may be permitted on any stream in the Warner Lakes Subbasin, however,
in addition to meeting any other standards required by the Commission, any
person proposing development of a reservoir in the subbasin shall give due
consideration to:
(a) Alternative sizing of
the project to achieve a reasonable economic development of the proposed
site;
(b) The potential for use of
the reservoir, and any water which is stored and released, for multiple
beneficial uses; and
(c) The
maintenance of natural flows down-stream from the reservoir at levels
sufficient to meet instream and out-of-stream needs.