Or. Admin. R. 690-051-0190 - Water Resources

The Director and Commission shall determine whether the proposed project would impair or be detrimental to the public interest so far as the coordinated, integrated state water resources policy is concerned. In order to approve an application, the Director shall have due regard for:

(1) The amount of waters available for appropriation for beneficial use.
(2) Whether the proposed use will preclude or interfere with any existing rights or permits for the use of water.
(3) Whether the proposed use is consistent with the applicable State Water Resources Policies in OAR chapter 690, divisions 400, 410 and the Basin Program in OAR chapter 690, divisions 500 through 520 or, in the absence of a policy, the proposed use is consistent with the policies set forth in ORS 536.300 through 536.350.
(4) Whether the project is consistent with achieving maximum economic development of the waters involved.
(5) Whether the project is consistent with making the fullest practical use of the stream's hydroelectric potential in the project vicinity.
(6) Whether the project will constitute wasteful, uneconomic, impracticable or unreasonable use of the waters involved.
(7) Whether the project, including mitigation and enhancement measures, is consistent with conserving the highest use of the waters of the state for all beneficial purposes.
(8) Whether the project is consistent with controlling the waters of the state for all beneficial purposes, including, drainage, sanitation and flood control.
(9) Whether construction and operation of the proposed project complies with water quality standards established in OAR chapter 340, division 41. Exceptions to this standard may be allowed if permitted by Division 41 rules, and granted by the DEQ.

Notes

Or. Admin. R. 690-051-0190
WRD 14-1986, f. & ef. 10-13-86; WRD 2-1993, f. & cert. ef. 5-19-93; WRD 8-2015, f. 12-18-15, cert. ef. 1/1/2016

Stat. Auth.: ORS 536.025, 536.027, 537 & 543

Stats. Implemented:

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