Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Commission will accept applications
for minimum perennial streamflows to support aquatic life or minimize pollution
submitted by the Department of Fish and Wildlife or the Department of
Environmental Quality on or after January 1, 1986.
(2) A complete application shall contain the
following information:
(a)
Applicant;
(b) Stream
name;
(c) The body of water to
which the stream is tributary;
(d)
Name of major river basin;
(e) Map
with flow location;
(f) Purpose(s)
of flow;
(g) Requested flow in
cubic feet per second (cfs);
(h)
Method of determining requested minimum streamflow needs and date of study or
evaluation;
(i) Period of year, if
any, when streamflow is believed to be frequently lower than requested
levels;
(j) Suggested long-range
methods of achieving minimum streamflow objectives during any periods of
shortage;
(k) A completed land use
coordination statement as provided in the Department's Land Use Planning
Procedures Guide. At a minimum, the statement shall:
(A) Identify affected local government
pursuant to OAR
690-076-0010;
(B) Explain the purpose of the minimum
streamflow;
(C) Invite planning
directors to identify and provide policies or provisions in comprehensive plans
relating to instream flow protection or other uses of the waters under
consideration; and
(D) Offer an
opportunity for local government officials to discuss the proposed minimum
streamflow with the applicant(s) and Department.
(l) Additional data identified in section (3)
and/or (4) of this rule.
(3) Applications to support aquatic life
shall also provide the following information:
(a) Species of fish life used to determine
flow requirements;
(b) Other
significant aquatic species supported;
(c) Population estimates of significant
species and historic levels and population trends, if available;
(d) Activities and management plans for
support of aquatic life in the stream subbasin;
(e) Any significant changes in the physical
habitat or aquatic species composition that has occurred since the date listed
in subsection (2)(h) of this rule;
(f) Any other available reports for the same
river which identify different minimum streamflows for support of aquatic life
and the reasons why the requested flow is most appropriate;
(g) A preliminary indication from Department
of Environmental Quality of whether requested flow levels are sufficient to
minimize pollution.
(4)
Applications to minimize pollution shall also provide the following
information:
(a) Sources of pollution to be
minimized that were used to determine the flow requirements;
(b) Other sources of pollution in the stream
subbasin;
(c) Beneficial water uses
that are presently or potentially limited by water pollution;
(d) Present water quality conditions in the
stream;
(e) Water quality
management activities and programs in the subbasin;
(f) Any other available reports for the same
river which identify different minimum streamflows to minimize pollution and
the reasons why the requested flow is most appropriate;
(g) A preliminary indication from Oregon
Department of Fish and Wildlife of whether the requested flow is sufficient for
support of aquatic life;
(h) A
statement showing why other means to abate pollution are not
feasible.
(5) The
applicant may include in the application a statement of values associated with
the purpose of the minimum streamflow, such as recreational, scenic,
scientific, environmental, economic, cultural or health and welfare factors.
The statement will not be used to determine if the application is
complete.
Stat. Auth.: ORS 183, ORS 197 & ORS 536
Stats. Implemented:
