Or. Admin. R. 690-515-0030 - Applegate River Basin
(1)
Classifications:
(a) In accordance with ORS
536.220,
536.300,
536.310, and
536.340, the waters of the
Applegate River Basin are classified for domestic, livestock, municipal,
irrigation, agricultural use, power development, industrial, mining,
recreation, wildlife and fish life, with the following exceptions:
(A) The waters of the following streams and
tributaries are classified for domestic, livestock, power development except
for those streams listed in paragraph (C) of this subsection, irrigation of
noncommercial gardens not to exceed 1/2 acre in area, and instream use for
recreation, fish life and wildlife, except for the use of stored water. Water
diverted for storage between November 1 and March 31 may be used for any
purpose specified in subsection (a) of this section:
(i) Palmer Creek;
(ii) Beaver Creek;
(iii) Little Applegate River;
(iv) Forest Creek;
(v) Williams Creek;
(vi) Cheney Creek;
(vii) Slate Creek.
(B) The waters of Thompson Creek and
tributaries are classified for domestic, livestock and instream use for
recreation, fish life and wildlife, except for the use of stored water. Water
diverted for storage between November 1 and March 31 may be used for purposes
specified in subsection (a) of this section;
(C) To protect, maintain and perpetuate
anadromous fish habitat and propagation, the waters of the following stream
reaches shall not be diverted, interrupted or appropriated for hydropower
development purposes:
(i) Palmer Creek from
the confluence with Bailey Gulch downstream to the mouth;
(ii) Beaver Creek from the intersection with
the east line of Section 11, Township 40 South, Range 3 West, Willamette
Meridian, to the mouth;
(iii)
Little Applegate River Subbasin :
(I) Little
Applegate River from the confluence with Lake Creek downstream to the
mouth;
(II) Glade Creek from the
confluence with Mule Gulch downstream to the mouth;
(III) Yale Creek from the intersection with
the east line of Section 22, Township 40 South, Range 2 West, Willamette
Meridian, to the mouth;
(IV)
Sterling Creek from the intersection with the east line of Section 8, Township
39 South, Range 2 West, Willamette Meridian, to the mouth.
(iv) Forest Creek from the intersection with
the north line of Section 15, Township 38 South, Range 3 West, Willamette
Meridian, to the mouth;
(v)
Thompson Creek from the intersection with the south line of Section 24,
Township 39 South, Range 5 West, Willamette Meridian, to the mouth and the
tributary of Ninemile Creek from the intersection with the east line of Section
30, Township 39 South, Range 4 West, Willamette Meridian, to the
mouth;
(vi) Williams Creek
Subbasin :
(I) Williams Creek from the
confluence with the East Fork and West Fork of Williams Creek downstream to the
mouth;
(II) East Fork Williams
Creek from the first intersection with the east line of Section 26, Township 39
South, Range 5 West, Willamette Meridian, to the mouth and the tributary of
Rock Creek from the confluence with Horsetail Creek downstream to the
mouth;
(III) West Fork Williams
Creek from the confluence with Right Hand Fork of the West For, Williams Creek
downstream to the mouth;
(IV) Right
Hand Fork of the West Fork Williams Creek from the intersection with the south
line of Section 13, Township 39 South, Range 6 West, Willamette Meridian, to
the confluence of the West Fork Williams Creek;
(V) Bill Creek from the confluence with Bear
Wallow Creek downstream to the mouth;
(VI) Munger Creek from the confluence with
North Fork Munger Creek downstream to the mouth;
(VII) Powell Creek from the intersection with
the west line of Section 167, Township 38 South, Range 5 West, Willamette
Meridian, to the mouth.
(vii) Cheney Creek from the intersection with
the south line of Section 22, Township 37 South, Range 7 West, Willamette
Meridian, to the mouth and the tributary of Little Cheney Creek from the
intersection with the south line of Section 18, Township 37 South, Range 6
West, Willamette Meridian, to the mouth;
(viii) Slate Creek Subbasin :
(I) Slate Creek from the intersection with
the north line of Section 1, Township 37 South, Range 8 West, Willamette
Meridian, to the mouth;
(II) Ramsey
Creek from the intersection with the north line of Section 13, Township 37
South, Range 8 West, Willamette Meridian, to the mouth;
(III) Butcherknife Creek from the
intersection with the west line of Section 18, Township 37 South, Range 7 West,
Willamette Meridian, to the mouth;
(IV) Waters Creek from the intersection with
the west line of Section 32, Township 36 South, Range 7 West, Willamette
Meridian, to the mouth;
(V) The
entire length of Bear Creek;
(VI)
Salt Creek from the intersection with the north line of Section 8, Township 37
South, Range 7 West, Willamette Meridian, to the mouth;
(VII) Elliott Creek from the intersection
with the south line of Section 15, Township 37 South, Range 7 West, Willamette
Meridian, to the mouth;
(VIII)
Round Prairie Creek from the intersection with the north line of Section 3,
Township 37 South, Range 7 West, Willamette Meridian, to the mouth and the
tributary of South Fork Round Prairie Creek from the intersection with the west
line of Section 2, Township 37 South, Range 7 West, Willamette Meridian, to the
mouth.
(b) Structures or works for the utilization
of the waters in accordance with the aforementioned classifications are also
declared to be prejudicial to the public interest unless planned, constructed,
and operated in conformity with applicable provisions of ORS
536.310 and any such structures
or works are further declared to be prejudicial to the public interest which do
not give proper cognizance to the multiple-purpose concept.
(2) Storage:
(a) Storage projects consistent with the
purposes of minimum perennial streamflows shall be encouraged;
(b) Reservoir sites should be protected
through the comprehensive land-use planning process for possible further
development or until alternative methods of meeting water needs have been
developed. Immediate concern should be given to the following sites as
delineated on Water Resources Department map file number 15B.4, Plate 4:
(A) Little Applegate River, site
26;
(B) Waters Creek, site
112;
(C) Elliott Creek, site
110.
(3)
Minimum Perennials Streamflows:
(a) For the
purpose of maintaining a minimum perennial streamflow sufficient to support
aquatic life, and of attaining the highest and best use of waters released from
storage, no appropriations of water except for domestic, livestock and
irrigation of noncommercial gardens not to exceed 1/2 acre in area or waters
legally released from storage shall be granted for the waters of the Applegate
River or its tributaries for flows below the specified levels in Table 3,
Section A;
(b)
(A) To support aquatic life and minimize
pollution in accordance with Section 3, Chapter 796, Oregon Laws 1983, no
appropriations of water shall be granted for the waters of Williams Creek and
Thompson Creek and tributaries for flows below the specified levels in Table 3,
Section B. This limitation shall not apply to:
(i) Domestic and livestock uses. Domestic use
does not include irrigation of lawns and gardens;
(ii) Water legally stored or released from
storage, subject to paragraph (1)(a)(C) of this rule.
(B) Attainment of the specified flow levels
during some portions of the year will require development of water storage or
implementation of other measures to augment flows.
(4) Water Quality: Rights to use
of water for industrial or mining purposes granted by any state agency shall be
issued only on condition that any effluents or return flows from such uses
shall not interfere with recreational, fish life, or other beneficial uses of
water.
Notes
Tables referenced are available from the agency.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
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