Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Objectives. In developing a program for the management, use and control of the
surface and ground water resources of the Summer Lake Subbasin, the Commission
has the following objectives:
(a) Classify
water in a manner consistent with the withdrawal of Silver Lake and Paulina
Marsh and tributaries;
(b) Classify
water in a manner consistent with the withdrawal of the waters of Dutchy,
Church and No Name Lakes, and tributaries, to provide resting areas and
breeding grounds for migratory and resident waterfowl;
(c) Prevent the spread of the contaminated
water originating at the chemical waste disposal site near Alkali Lake through
regulation of well construction;
(d) Classify the main ground water reservoir
of the Fort Rock Basin to avoid overdraft and protect existing
rights.
(2)
Classifications. Except as otherwise provided in this subsection, the surface
and ground waters of the Summer Lake Subbasin are classified for agriculture,
domestic, fish life, ground water recharge, industrial, instream, irrigation,
mining, municipal, pollution abatement, power, recreation and stockwater uses:
(a) The surface waters of Duncan and Bear
Creeks and tributaries and all other tributaries to Silver Lake and Paulina
Marsh not otherwise identified in this subsection are classified for any
beneficial use of stored water, domestic and stockwater uses;
(b) The surface waters of Silver Creek and
West Fork Silver Creek and tributaries below the points where the streams enter
the north 1/2 section, Section 17, Township 29S, Range 14E are classified for
any beneficial use of stored water, domestic and stockwater uses;
(c) The surface waters of Silver Creek and
West Fork Silver Creek and tributaries above the points where the streams enter
the north 1/2 section, Section 17, Township 29S, Range 14E are classified for
any beneficial use of stored water, domestic, instream and stockwater
uses;
(d) The surface waters of
Buck Creek and tributaries below the point where Buck Creek enters Section 7,
Township 29S, Range 13E are classified for any beneficial use of stored water,
domestic and stockwater uses;
(e)
The surface waters of Buck Creek and tributaries above the point where Buck
Creek enters Section 7, Township 29S, Range 13E are classified for any
beneficial use of stored water, domestic, instream and stockwater
uses;
(f) The surface waters of
Bridge Creek and tributaries below the point where Bridge Creek enters the
northwest 1/4 section, Section 15, Township 29S, Range 13E are classified for
any beneficial use of stored water, domestic and stockwater uses;
(g) The surface waters of Bridge Creek and
tributaries above the point where Bridge Creek enters the northwest 1/4
section, Section 15, Township 29S, Range 13E are classified for any beneficial
use of stored water, domestic, instream and stockwater uses;
(h) Ground water from alluvial aquifer in the
Silver Creek drainage above the point where Silver Creek enters Section 21,
Township 28S, Range 14E is classified for domestic and stockwater uses
only;
(i) Ground water from
alluvial aquifers in the Buck Creek drainage above the point where Buck Creek
enters Section 18, Township 28S, Range 14E is classified for domestic and
stockwater uses only;
(j) Ground
water from alluvial aquifers in the Duncan Creek drainage above the point where
Duncan Creek enters Section 3, Township 29S, Range 15E is classified for
domestic and stockwater uses only;
(k) Ground water from alluvial aquifers in
the Bridge Creek drainage above the point where Bridge Creek enters Section 20,
township 28S, Range 14E is classified for domestic and stockwater uses
only;
(l) The surface water of
Dutchy, Church and No Name Lakes, located in Sections 12 and 13, Township 30S,
Range 16E, and the tributaries which feed and connect the lakes are classified
for irrigation use between April 1 and September 30 of any year provided that
such use is compatible with management programs for migratory and resident
waterfowl;
(m) Ground water from
any well within Sections 12 and 13, Township 30S, Range 16E and taking water
from an unconfined aquifer is classified for irrigation use between April 1 and
September 30 of any year provided that such use is compatible with management
programs migratory and resident waterfowl;
(n) Ground water from the main ground water
reservoir of the Fort Rock Basin is classified for stockwater, watering any
lawn or noncommercial garden not exceeding one-half acre in area, watering any
lawn or noncommercial garden not exceeding three acres in area for public uses,
quasi-municipal, single or group domestic, down-hole heat exchange, industrial,
and commercial uses only. The main ground water reservoir of the Fort Rock
Basin includes all water contained in the basalt, as well as the interbedded
and overlying pyroclastic and sedimentary aquifers. Further, the water level
altitudes in these aquifers is approximately 4300 feet above mean sea level or
lower. Precise boundaries include parts of Lake, Klamath, and Deschutes
Counties and are described as follows: Beginning at the southwest corner of
Section 35, Township 22 South, Range 13 East, WM; thence northeasterly to the
southeast corner of Section 25, Township 22 South, Range 15 East, WM; thence
southeasterly to the southwest corner of Section 35, Township 23 South, Range
29 East, WM; thence southeasterly to the southeast corner of Section 9,
Township 28 South, Range 21 East, WM; thence southwesterly to the southwest
corner of Section 6, Township 29 South, Range 20 East, WM; thence northwesterly
to the southwest corner of Section 16, Township 28 South, Range 18 East, WM;
thence southwesterly to the southwest corner of Section 14, Township 29 South,
Range 16 East, WM; thence southwesterly to the southeast corner of Section 21,
Township 31 South, Range 15 East, WM; thence northwesterly to the southeast
corner of Section 36, Township 30 South, Range 12 East, WM; thence
northwesterly to the southwest corner of Section 34, Township 26 South, Range
10 East, WM; thence northeasterly to the point of beginning.
(3) Reservoir Standards.
Development of a reservoir may be permitted on any stream in the Summer Lake
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.