[Note: The amended beneficial uses designated in this rule,
adopted by the Environmental Quality Commission on November 16, 2023, are not
applicable for Clean Water Act purposes until approved by the U.S. EPA. For
applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters"
on DEQ's Water Quality Standards website (https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx).]
(1) Water quality in the Umpqua Basin (see
Figure 1) must be managed to protect the designated beneficial uses shown in
Table 320A (November 2003).
(2)
Designated fish uses to be protected in the Umpqua Basin are shown in Figures
320A, 320B, 320D and 320E (October 2023).
(3) For purpose of protecting active resident
trout spawning areas, as required by OAR
340-041-0016
(1):
(a)
The dissolved oxygen spawning criteria will apply to the salmonid spawning
locations and times shown on OAR
340-041-01320: Figure 320E.
(b) In addition to the salmonid spawning
areas shown on Figures 320E, DEQ will determine where additional active
spawning areas used by resident trout occur as data becomes available. DEQ will
identify additional spawning habitat and areas determined to be active resident
trout spawning areas in a publicly available inventory. The determinations
recorded in the inventory will be incorporated into the designated use tables
and maps in OAR
340-041 periodically through rulemaking. When resident trout
spawning is determined to be an existing use based on the best available data
and is added to the resident trout spawning inventory, DEQ will apply the
spawning criteria for dissolved oxygen to protect the existing trout spawning
use.
(4) Coastal water
contact recreation use is to be protected in all marine waters adjacent to the
Umpqua River and in coastal waters designated in Figure 320C (August
2016).
(5) Shellfish harvesting use
is to be protected in all marine waters adjacent to the Umpqua River and in
coastal waters as designated in Figure 320C (August 2016).
[NOTE: View a PDF of referenced Tables and Figures by clicking
on the "Tables" link below.]
Notes
Or. Admin. Code
§
340-041-0320
DEQ 17-2003, f. & cert.
ef. 12-9-03; DEQ 2-2007, f. & cert. ef. 3-15-07;
DEQ
9-2016, f. & cert. ef.
8/18/2016; DEQ 32-2017, minor correction filed
11/30/2017, effective 11/30/2017;
DEQ
7-2018, minor correction filed 02/14/2018, effective
2/14/2018;
DEQ
13-2019, amend filed 05/16/2019, effective
5/16/2019;
DEQ
27-2023, amend filed 12/21/2023, effective
12/21/2023
Statutory/Other Authority: ORS
468.020,
468B.030,
468B.035 &
468B.048
Statutes/Other Implemented: ORS
468B.030,
468B.035 &
468B.048