Or. Admin. R. 690-506-0050 - Minimum Perennial Streamflows

(1) Except as otherwise provided in this rule, the Department shall include in each permit for appropriation of the waters of any stream identified on Table 1, or tributaries, a provision that the right shall not permit the use of waters when the streamflow is less than the adopted minimum flows.

(2) For those streams listed in Table 1 for which specific points of measurement are not designated, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the flows throughout the specified reaches.

(3) For those streams listed in Table 1 for which specific points of measurement are designated, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the listed flows at the designated point of measurement. If the designated point of measurement is not at the downstream end of the specified stream reach, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the listed flows throughout the reach between point of measurement and the downstream end of the reach.

(4) Exceptions:

(a) This rule shall not apply to permits for appropriation for domestic or livestock use or to use of water legally stored or legally released from storage;

(b) This rule shall not apply to permits for appropriation for municipal uses on Bridge Creek, the South Fork John Day River, and the John Day River between USGS Gage 14038530 near John Day and the mouth of the North Fork John Day River;

(c) This rule shall not apply to industrial use under permits with priority dates before December 2, 1986 on the John Day River between USGS Gage 14038530 near John Day and the mouth of the North Fork John Day River.

Notes

Or. Admin. R. 690-506-0050

WRB 20, f. 6-8-62; WRB 23, f. 7-3-63; WRB 27, f. 5-11-64; WRD 3-1981, f. & cert. ef. 5-21-81; WRD 13-1985, f. & cert. ef. 12-18-85; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 2-1987, f. & cert. ef. 3-3-87; WRD 4-1987, f. & cert. ef. 5-14-87;WRD 2-1989(Temp), f. & cert. ef. 1-27-89; Administrative Renumbering 1-1993, Renumbered from 690-080-0060

The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.