Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Classifications:
(a) In accordance with the
Order of the State Engineer dated January 22, 1959 (Special Order Vol 9, Page
489), the waters of Bear Creek and its tributaries are withdrawn from further
appropriation except for storage of water from November 1 through March 30 and
the appropriation of stored water;
(b) No applications for appropriation of
water shall be approved except for beneficial uses involving water legally
stored in excess of the amount necessary for existing rights;
(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 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.
(2) Water Quality: Rights to use
of water for industrial or mining purposes granted by any state agency shall be
issued only on condition that any effluents or return flows from such uses
shall not significantly interfere with recreational, fish life, or other
beneficial uses of water.
(3) Power
Development: Rights to use of water for power development purposes shall be
issued only on the condition, as demonstrated by the applicant, that any dams,
diversions, generating facility, or return flows shall not significantly
interfere with recreational, fish life or other beneficial uses of
water.
(4) Storage:
(a) Potential reservoir sites should be
identified in the comprehensive land-use planning process for possible future
development or until alternative methods of meeting water needs have been
developed. Immediate consideration should be given to the following sites:
(A) Walker Creek, NE 1/4 Section 12, Township
39 South, Range 1 East, Willamette Meridian;
(B) West Fork Ashland Creek (Winburn site),
NE 1/4 Section 32, Township 39 South, Range 1 East, Willamette
Meridian;
(C) West Fork Ashland
Creek (Ranger site), SW 1/4 Section 28, Township 39 South, Range 1 East,
Willamette Meridian.
(b)
Storage projects consistent with the purposes of minimum perennial streamflows
shall be encouraged.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
