Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 515 - ROGUE BASIN PROGRAM
Section 690-515-0050 - Illinois Basin
Universal Citation: OR Admin Rules 690-515-0050
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Classifications:
(a) In accordance with ORS
536.220,
536.300,
536.310, and
536.340, the waters of the
Illinois River Basin are classified for domestic, livestock, municipal,
irrigation, agricultural use, power development, industrial, mining,
recreation, wildlife and fish life uses including propagation, with the
following exceptions:
(A) The waters within
the Illinois River Scenic Waterway from the confluence with Deer Creek near
river mile 47 to the confluence with the Rogue River are classified only for
domestic and livestock uses and instream use for recreation, wildlife and fish
life;
(B) The waters of the
following streams and all tributaries are classified only for domestic,
livestock, agricultural use, municipal, industrial, power development except
for those streams listed in paragraph (C) of this subsection, mining use during
the period November 1 to May 1, fish propagation, irrigation use for
noncommercial gardens not exceeding one-half acre in area, and instream use for
recreation, fish life and wildlife. Water stored between November 1 and March 1
may be used for purposes specified in subsection (a) of this section:
(i) Deer Creek;
(ii) East Fork Illinois River, except
Althouse and Sucker Creeks and their tributaries;
(iii) West Fork Illinois
River.
(C) The waters of
Althouse and Sucker Creeks and tributaries are classified only for domestic,
livestock and non-consumptive instream uses for fish life, wildlife and
recreation between May 1 and November 30. Althouse and Sucker Creeks and
tributaries are classified for domestic, livestock, mining (subject to Division
51 restrictions and except for those streams listed in paragraph (D) of this
subsection), storage, and instream uses for fish life, wildlife and recreation
between December 1 and April 30. Water diverted for storage between December 1
and April 30 may be used for any beneficial purpose. Permits shall be
conditioned to prevent obstacles to fish migration and degradation of rearing
or spawning habitat;
(D) To
protect, maintain and perpetuate anadromous fish habitat and propagation, the
waters of the following stream reaches shall not be diverted, interrupted or
appropriated for hydropower development purposes:
(i) West Fork Illinois River Subbasin:
(I) West Fork Illinois River from the
confluence with Whiskey Creek downstream to the mouth;
(II) Whiskey Creek from the intersection with
the west line of Section 8, Township 41 South, Range 9 West, Willamette
Meridian, to the mouth;
(III) Elk
Creek from the Oregon-California border downstream to the mouth;
(IV) Trapper Gulch from the intersection with
the east line of Section 13, Township 41 South, Range 9 West, Willamette
Meridian, to the mouth;
(V) Dwight
Creek from the Oregon-California border downstream to the mouth;
(VI) Wood Creek from the potential reservoir
site in SE 1/4 of NW 1/4 of Section 32, Township 40 South, Range 8 West,
Willamette Meridian, to the mouth and the tributary of Fry Gulch from the
intersection with the east line of Section 29, Township 40 South, Range 8 West,
Willamette Meridian, to the mouth;
(VII) Rough and Ready Creek from the
confluence with the North and South forks downstream to the mouth;
(VIII) North Fork Rough and Ready Creek from
the intersection with the west line of Section 8, Township 40 South, Range 9
West, Willamette Meridian, to the mouth;
(IX) South Fork Rough and Ready Creek from
the intersection with the west line of Section 20, Township 40 South, Range 9
West, Willamette Meridian, to the mouth.
(X) Mendenhall Creek from the intersection
with the west line of Section 6, Township 40 South, Range 8 West, Willamette
Meridian, to the mouth and the tributary of Parker Creek from the intersection
with the west line of Section 7, Township 40 South, Range 8 West, Willamette
Meridian, to the mouth;
(XI)
Woodcock Creek from the intersection with the west line of Section 32, Township
39 South, Range 8 West, Willamette Meridian, to the mouth.
(ii) East Fork Illinois River Subbasin:
(I) East Fork Illinois River from the
Oregon-California border downstream to the mouth;
(II) Page Creek from the intersection with
the east line of Section 2, Township 41 South, Range 8 West, Willamette
Meridian, to the mouth;
(III) Elder
Creek from the intersection with the east line of Section 26, Township 40
South, Range 8 West, Willamette Meridian, to the mouth;
(IV) Althouse Creek from the potential
reservoir site in SW 1/4 of SW 1/4 of Section 4, Township 40 South, Range 7
West, Willamette Meridian, to the mouth;
(V) Sucker Creek from the potential reservoir
site in NE 1/4 of Section 25, Township 39 South, Range 7 West, Willamette
Meridian, to the mouth;
(VI) Little
Grayback Creek from the intersection with the south line of Section 13,
Township 39 South, Range 7 West, Willamette Meridian, to the mouth;
(VII) Bear Creek from the intersection with
the north line of Section 21, Township 39 South, Range 7 West, Willamette
Meridian, to the mouth;
(VIII)
Chapman Creek from the confluence with East Fork Chapman Creek downstream to
the mouth.
(iii) Holton
Creek from the intersection with the east line of Section 10, Township 39
South, Range 8 West, Willamette Meridian, to the mouth;
(iv) Reeves Creek from the intersection with
the east line of Section 34, Township 38 South, Range 8 West, Willamette
Meridian, to the mouth;
(v)
Josephine Creek from the intersection with the west line of Section 26,
Township 39 South, Range 9 West, Willamette Meridian, to the mouth and the
tributary of Canyon Creek from the confluence with Sebastopol Creek downstream
to the mouth;
(vi) Deer Creek
Subbasin:
(I) Deer Creek from the confluence
with North Fork and South Fork Deer Creek downstream to the mouth;
(II) South Fork Deer Creek from the
intersection with the south line of Section 29, Township 38 South, Range 6
West, Willamette Meridian, to the mouth;
(III) North Fork Deer Creek from the
intersection with the north line of Section 18, Township 38 South, Range 6
West, Willamette Meridian, to the mouth;
(IV) White Creek from the intersection with
the south line of Section 13, Township 38 South, Range 7 West, Willamette
Meridian, to the mouth;
(V) Crooks
Creek from the intersection with the east line of Section 34, Township 37
South, Range 7 West, Willamette Meridian, to the mouth;
(VI) Thompson Creek from the confluence with
Haven Creek downstream to the mouth;
(VII) Draper Creek from the intersection with
the east line of Section 31, Township 37 South, Range 7 West, Willamette
Meridian, to the mouth;
(VIII)
Clear Creek from the intersection with the west line of Section 23, Township 37
South, Range 8 West, Willamette Meridian, to the mouth and the tributary of
Anderson Creek from the intersection with the north line of Section 35,
Township 37 South, Range 8 West, Willamette Meridian, to the
mouth.
(vii) Sixmile
Creek from the intersection with the north line of Section 25, Township 37
South, Range 9 West, Willamette Meridian, to the mouth;
(viii) Fall Creek from the intersection with
the south line of Section 4, Township 38 South, Range 9 West, Willamette
Meridian, to the mouth;
(ix)
Rancherie Creek from the intersection with the wets line of Section 17,
Township 38 South, Range 9 West, Willamette Meridian, to the mouth;
(x) Dailey Creek from the intersection with
the west line of Section 31, Township 37 South, Range 9 West, Willamette
Meridian, to the mouth;
(xi) Briggs
Creek Subbasin:
(I) The entire mainstem of
Briggs Creek;
(II) Horse Creek from
the intersection with the east line of Section 8, Township 36 South, Range 8
West, Willamette Meridian, to the mouth;
(III) Myers Creek from the confluence with
Dutchy Creek downstream to the mouth and the tributary of Dutchy Creek from the
intersection with the north line of Section 7, Township 36 South, Range 8 West,
Willamette Meridian, to the mouth;
(IV) Brush Creek from the intersection with
the north line of Section 18, Township 36 South, Range 8 West, Willamette
Meridian, to the mouth;
(V) Secret
Creek from the intersection with the east line of Section 16, Township 36
South, Range 8 West, Willamette Meridian, to the mouth;
(VI) Onion Creek from the intersection with
the south line of Section 29, Township 36 South, Range 8 West, Willamette
Meridian, to the mouth;
(VII) Swede
Creek from the intersection with the east line of Section 1, Township 37 South,
Range 9 West, Willamette Meridian, to the mouth;
(VIII) Soldier Creek from the confluence with
Horse Creek downstream to the mouth and the tributary of Horse Creek from the
intersection with the east line of Section 11, Township 37 South, Range 9 West,
Willamette Meridian, to the mouth.
(xii) Panther Creek from the intersection
with the north line of Section 31, Township 36 South, Range 9 West, Willamette
Meridian, to the mouth;
(xiii)
Labrador Creek from the intersection with the south line of Section 12,
Township 37 South, Range 10 West, Willamette Meridian, to the mouth;
(xiv) Nome Creek from the intersection with
the south line of Section 12, Township 37 South, Range 10 West, Willamette
Meridian, to the mouth;
(xv) Clear
Creek from the intersection with the east line of Section 35, Township 36
South, Range 10 West, Willamette Meridian, to the mouth;
(xvi) Pine Creek from the first intersection
with the east line of Section 27, Township 36 South, Range 10 West, Willamette
Meridian, to the mouth;
(xvii)
Klondike Creek from the intersection with the south line of Section 10,
Township 36 South, Range 10 West, Willamette Meridian, to the mouth and the
tributary of Yukon Creek from the intersection with the south line of Section
5, Township 37 South, Range 10 West, Willamette Meridian, to the
mouth;
(xviii) Collier Creek from
the intersection with the west line of Section 7, Township 37 South, Range 11
West (projected), Willamette Meridian, to the mouth;
(xix) Silver Creek Subbasin:
(I) Silver Creek from the confluence with
South Fork Silver Creek downstream to the mouth;
(II) South Fork Silver Creek from the
intersection with the east line of Section 21, Township 36 South, Range 10
West, Willamette Meridian, to the mouth;
(III) North Fork Silver Creek from the
intersection with the east line of Section 18, Township 35 South, Range 9 West,
Willamette Meridian, to the mouth.
(xx) Indigo Creek from the intersection with
the east line of Section 31, Township 35 South, Range 10-1/2 West, Willamette
Meridian, to the mouth and the tributary of North Fork Indigo Creek from the
intersection with the north line of Section 34, Township 35 South, Range 11
West, Willamette Meridian, to the mouth;
(xxi) Horse Sign Creek from the intersection
with the south line of Section 7, Township 36 South, Range 11 West, Willamette
Meridian, to the mouth;
(xxii)
Lawson Creek from the intersection with the west line of Section 2, Township 36
South, Range 12 West (projected), Willamette Meridian, to the mouth;
(xxiii) Fox Creek from the intersection with
the south line of Section 19, Township 35 South, Range 11 West, Willamette
Meridian, to the mouth.
(E) The waters of the mainstem Illinois River
from the confluence of the East and West Forks Illinois River downstream to the
confluence with Deer Creek near river mile 47 are classified only for domestic,
livestock and agricultural uses, fish propagation, irrigation use for
noncommercial gardens not exceeding one-half acre in area and instream use for
recreation, fish life and wildlife during the period July 1 to October 31.
Water diverted for storage between November 1 and March 31 may be used for
purposes specified in subsection (a) of this section.
(b) 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) Storage:
(a) Storage projects consistent with the
purposes of minimum flows shall be encouraged;
(b) Potential reservoir sites should be
identified through the comprehensive land-use planning process for possible
future development or until alternative methods of meeting water needs have
been developed. Immediate concern should be given to the following sites:
(A) Wood Creek, SE 1/4 NW 1/4 Section 32,
Township 40 South, Range 8 West, Willamette Meridian;
(B) Sucker Creek, NE 1/4 Section 25, Township
39 South, Range 7 West, Willamette Meridian;
(C) Upper Althouse Creek, SW 1/4 SW 1/4
Section 4, Township 40 South, Range 7 West, Willamette Meridian.
(3) Minimum Perennial Streamflows:
(a) For the purpose of
maintaining a minimum perennial streamflow sufficient to support aquatic life
and minimize pollution, no appropriations of water except for domestic and
livestock use shall be granted, except that his limitation shall not apply to
water legally stored or legally released from storage, for the waters of the
Illinois River or the tributaries above the confluence with the Rogue River for
flows of the Illinois River at the mouth below 80 cubic feet per second and
when flows are below the specified levels listed in Table 5, Section A.
Domestic use does not include irrigation of lawn and garden;
(b)
(A) To
support aquatic life and minimize pollution, in accordance with Section 3,
Chapter 796, Oregon Laws 1983, no appropriations of water shall be granted, for
the waters of the following Illinois River tributaries listed in Table 5,
Section B when flows are below the specified levels. This limitation shall not
apply to:
(i) Domestic and livestock use.
Domestic use does not include irrigation of lawns and gardens;
(ii) Water legally stored or released from
storage subject to provisions of section A5.
(B) Attainment of the specified flow levels
during some portion of the year will require development of water storage or
implementation of other measures to augment flows.
(4) Water Quality: Rights to use of water for industrial, power development, 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 interfere with recreational, fish life, or other beneficial uses of water.
Tables referenced are available from the agency.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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