Or. Admin. Code § 690-380-5060 - Fish Screening and By-Pass Devices
(1) Pursuant to ORS
540.525, when an application for
a change in point of diversion is received, the Department shall consult with
the ODFW to determine whether a fish screening or by-pass device is necessary
to prevent fish from leaving the body of water and entering the
diversion.
(2) The Department's
consultation with ODFW shall determine whether the diversion is:
(a) Equipped with an appropriate fish screen
or by-pass device; or
(b) Included
in the list of priority screening projects established under section 8, chapter
933, Oregon Laws 1989.
(3) If the original point of diversion is
included in the priority list referenced in subsection (2)(b) of this rule, the
Department, after consulting with ODFW, may require the installation of an
appropriate fish screening or by-pass device at the new point of
diversion.
(4) If requested by
ODFW, a condition requiring a proper fish screen at the new point of diversion
shall be attached to any transfer approval order for a change in point of
diversion.
(5) Any individual
required to install a fish screening or by-pass device under this section at a
point of diversion for a diversion of under 30 cubic feet per second may
participate in ODFW's cost sharing program for the installation of screening
and by-pass devices.
Notes
Stat. Auth.: ORS 536.025 & ORS 536.027
Stats. Implemented: ORS 540.510 - ORS 540.525 & ORS 540.532
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.