Or. Admin. R. 690-512-0100 - Home Creek Reservations
(1)
Reservations of water for economic development are established pursuant to ORS
537.249 and
537.356 economic benefits
through both instream and out-of-stream uses of water. 4,550 acre-feet of
unappropriated water in Home Creek and tributaries are reserved for
multipurpose storage for future economic development as allowed under ORS
537.356 with a priority date of
February 25, 2009.
(2)
"Multipurpose reservoir", as used in OAR 690-512-0100 means a reservoir storing
water to serve more than two potential beneficial uses including but not
limited to irrigation, power generation, municipal water supply, recreation and
flow augmentation for instream purposes.
(3) Reservations of water for future economic
development allocate surface water for storage in multipurpose
reservoirs.
(4) For the purposes of
review of applications to store reserved water under OAR chapter 690, division
310, and subject to the provisions of section (6), the reserved quantities of
water listed in OAR 690-512-0100(1) are available for appropriation.
(5) The determination of water availability
under section (4) shall not substitute for consideration during the public
interest review of site-specific information related to the capacity of the
resource to support the proposed project, as required under OAR chapter 690,
division 310.
(6) In addition to
the requirements of ORS Chapter 537 and applicable rules, the Department will
only issue an order approving an application for a permit to store water in the
Home Creek basin reserved under any reservation if it first finds:
(a) The proposed reservoir and any water
rights secondary with the storage right are consistent with the purpose and
intent of the reservation following consultation with Harney County
Court;
(b) The proposed reservoir
and any water rights secondary to the storage right will protect instream
values, including but not limited to instream flows and water quality based
upon a written assessment of these values developed in consultation with
Department of Fish and Wildlife and Department of Environmental Quality;
and
(c) Whether minimum bypass
flows are required.
(7)
In addition to the requirements of ORS Chapter 537 and applicable rules, any
final order approving an application for a permit to store water and any order
for water rights secondary with the storage right under the Home Creek
Reservation shall contain the findings required in (6)(a)-(c) above, and will
also contain conditions that:
(a) Set the
appropriate storage season,
(b)
Ensure no injury to senior water rights, including instream water
rights,
(c) Protect instream
values; and
(d) Set minimum bypass
flows if identified under (6)(c) above.
(8) If the Department has not received
applications for multipurpose reservoir permits for the full quantity of
reserved water by July 1, 2014, the Department shall provide the Parties
involved in the Home Creek Settlement Agreement with a progress report on
development of the reservations. The report shall include information on the
continued need for the reservations and the quantities of water reserved. The
Department shall continue to provide progress reports at five year intervals
while these rules are in effect unless the Department receives applications for
multipurpose reservoir permits for the full quantity of reserved
water.
(9) If the Department has
not received applications for multipurpose reservoir permits for the full
quantity of water reserved by July 1, 2029, applications for remaining
quantities of unallocated water under OAR 690-0512-0100(1) may not be accepted
after July 1, 2029, unless this deadline is extended through rulemaking by the
Water Resources Commission.
Notes
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536.310, 537.249, 537.356 & 537.358
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.