Current through Register Vol. 63, No. 3, March 1, 2024
(1) Recreation flow requirements requested in
Department instream water right applications shall be based on the methodology
in this section. According to this methodology, the recreation flow is the flow
or water level needed to accommodate the predominant recreational use(s)
occurring during any given month. The Department shall make this determination
using the following procedure:
(a) Each
existing type of recreational use shall be identified and fully described. Each
type may have separate, discrete, instream flow requirements and seasons of
use. Some stream flow dependent uses may occur on the riverbank including, but
not limited to, scenic attraction and wildlife viewing, camping, hiking,
boating access, and picnicking;
(b)
Each type of recreational use shall be described as follows and according to
the definitions (OAR 736-060-0010):
(A) Time
period of recreational use;
(B)
Stream flow, or range of flows, that support the use depicted by month, or by
half-month if appropriate, and quantified in cubic feet per second (cfs), or,
if for a lake or other standing water body, in feet above mean sea level or
acre feet;
(C) Location(s) of
recreational use. Locations may be described in any way that provides
sufficient details to identify a common location for the use, including by
reference to the Environmental Protection Agency's stream reach numbering
system or other such documented system in wide use;
(D) Experience setting. Reference to the
"Recreation Opportunity Spectrum" system of the U.S. Forest Service is helpful,
but not mandatory. A discussion of current and planned recreation developments
and management programs must be included;
(E) Amount of recreational use. The
popularity of a stream, river, lake, or wetland, while not the sole basis for
instream water rights requests, must be taken into account. The Department will
use its best efforts to obtain quantifiable data on actual recreational use.
Professional judgment described in relative terms (i.e., low, moderate, or
high) may be used when precise data are not available;
(F) Competing use(s), if any;
(G) Institutional constraints. These may
include, but are not limited to:
(i)
Recreation use permits;
(ii)
Fishing regulations;
(iii) Dam
releases;
(iv) Minimum perennial
streamflows or other instream water rights;
(v) Court decisions;
(vi) Standards contained in OAR 690-077-0045
(WRD);
(vii) Acknowledged
comprehensive land use plan of local government.
(c) Depict the flows needed by month to
accommodate the predominant recreational use(s), and explain how these flows
were established.
(2)
The following sources may be consulted for information described in subsections
(1)(a) and (b) of this rule and for determining recreation flow requirements.
Other appropriate sources may be used:
(a)
"Recreational Values on Oregon Rivers" prepared for the Northwest
Power Planning Council (1987) by State Parks and Recreation
Department;
(b) Local, state, and
federal managing agency plans, records, and reports;
(c) Professional guide service records (i.e.,
trip logs, etc.);
(d) River
recreation guides and publications;
(e) Professional or expert opinion, i.e.,
published authors, professional guides, agency staff, etc.;
(f) On-site surveys of recreational
users;
(g) Water Resources
Department records, basin reports, and water use programs pertinent to
recreation flow;
(h) U.S. Geologic
Survey and Oregon stream gauge records;
(i) Reports prepared under the National
Environmental Policy Act;
(j)
"Nationwide River Inventory" prepared by the National Park
Service;
(k)
"Oregon Outdoor
Recreation Plan" (SCORP) prepared by the Department;
(l) Findings and conclusions of other
instream recreation flow studies conducted using generally accepted methods
where consistent with goals and policies of the Parks and Recreation
Department;
(m) Recreation flow
assessments conducted by WRD.
(3) In situations where recreation flow data
does not exist, the instream flow requirements of ODFW or DEQ, whichever is
higher, may satisfy the recreation flow requirement necessary for recreational
value and scenic attraction.
(4)
Staff gauges or other generally established river level measuring devices shall
be used to report recreation flow requirements only when a stream cross section
analysis has been conducted which will allow accurate conversion to cfs. Direct
measurement shall be used to determine lake water surface elevations above mean
sea level necessary to maintain recreational value or scenic
attraction.
Publications: The publication(s) referred to or incorporated
by reference in this rule are available from the
agency.
Stat. Auth.: ORS
183.335(7), ORS
183.341 & ORS
537.332 - ORS
537.360
Stats. Implemented: ORS
537.338