Or. Admin. Code § 690-028-0040 - Standards to Evaluate Claims
(1)
Each claim or registration statement for existing beneficial uses shall be
compared to all information submitted for consistency regarding settlement of
the area and general development of projects. The burden of proof to establish
a claim by a preponderance of relevant evidence rests on the
claimant.
(2) Lands identified as
practicably irrigable acreage shall be evaluated based on the physical
characteristics as they compare to lands commonly identified with growing a
particular crop. The Department may consult with federal or state agricultural
agencies, or any other person with appropriate expertise to verify factors for
determining arable lands.
(3) For
any river basin or subbasin the Director may propose rates and duties of water
to be allowed per acre of irrigated lands and of practicably irrigable acreage.
The Director may schedule a public hearing to accept information and testimony
about the appropriateness of those limitations.
(4) The Director may propose rates and duties
for watering stock from streams, for lands that are naturally flooded, or for
other beneficial uses as appropriate. The Director may schedule a public
hearing to accept information and testimony about the appropriateness of those
limitations.
(5) Instream flow
requirements shall be based on hydrological estimates or gaging data that can
be obtained for the particular stream reach. The Department shall prepare an
estimate of natural flows that would be available in the stream reach. The
water availability estimate shall account for current usage of the water
resource. The Director may require additional documentation of instream flow
requirements if the claim is greater than the estimated average natural flow or
level for the stream reach. If the physical conditions of a waterway have
changed since the reservation lands were established then the Department may
consult with federal or state fisheries agencies, or any other person with
appropriate expertise to aid in determining natural flows necessary to maintain
the primary purpose or purposes of the reservation.
Notes
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