Current through Register Vol. 63, No. 9, September 1, 2024
The Commission will apply the following standards when
reviewing a minimum perennial streamflow application.
(1) The Commission will assume the purposes
of the minimum streamflow are as important as other water uses and approve the
requested minimum stream flow or a more appropriate level unless another use is
found to be of greater importance.
(2) Minimum perennial streamflows may be
established on streams where appropriations have depleted the flow below the
proposed minimum perennial streamflow in some reaches for some period of time
if the Commission concludes that the action will result in public benefit for
support of aquatic life or minimizing pollution.
(3) The Commission may identify another use
as being of greater importance than the purpose of the minimum flow and may
reject an application from the Department of Fish and Wildlife or the
Department of Environmental Quality if:
(a)
Appropriations have depleted streamflows below the proposed minimum perennial
streamflow during all or a part of the year and the need to protect water
sources to supplement existing inadequately supplied water uses is of greater
importance;
(b) Little potential
exists for developing a water supply to meet the flow objectives in the future
without causing a detrimental impact on more important existing and planned
uses;
(c) A more important planned
water use could be served by unappropriated streamflow which could not be
served by an alternative source if the minimum streamflow were
adopted;
(d) A more important use
is identified based on state or federal statutory or administrative provisions
or acknowledged local comprehensive land use plans that state a preference for
another water use which could not be adequately served if the minimum flow
application were approved; or
(e)
The general economic, social and environmental benefits associated with a
planned water use(s) are found to be of greater value than benefits and values
identified in the application and hearing record from establishing the minimum
streamflow.
(4) The
Commission may reject a minimum perennial streamflow application after finding
another use is of greater importance and set an alternative minimum streamflow
during all or part of a year after reserving water for the more important
use(s) or exempting use(s) from the minimum flow. The Commission must find that
the alternative minimum streamflow is sufficient to provide a public benefit
for supporting aquatic life or minimizing pollution.
(5) The Commission shall assure that the
adoption of minimum streamflows meets the requirements established in OAR
690-060-0045 (Standards for Goal Compliance and Compatibility with Acknowledged
Comprehensive Plans).
(6) In
determining whether a more appropriate streamflow should be adopted, the
Commission shall consider the comments from the Departments of Fish and
Wildlife and Environmental Quality, on any alternative streamflow and:
(a) Whether flow levels should be based on
the requirements of other fish species, consistent with fishery management
objectives of the Department of Fish and Wildlife;
(b) Whether the methods used for determining
optional water requirements for support of aquatic life or minimizing pollution
are appropriate and superior to those identified in the application;
(c) Whether levels based on minimizing
pollution from difference sources or based on different methods of treatment or
disposal of wastes would result in a greater public benefit;
(d) Whether streamflow analysis indicates a
proposed flow deviates significantly from the natural runoff pattern of the
stream and another level would better support the purposes of the minimum flow
and reflect the natural streamflow pattern;
(e) Whether significant changes in stream
channel con-figuration or aquatic habitat have occurred since the minimum
streamflow study or evaluation was completed and optional levels identified are
more appropriate under existing conditions; or
(f) Whether optional levels will be more
appropriate considering both the need to support aquatic life and the need to
minimize pollution.
