Or. Admin. Code § 340-041-0190

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-041-0190 - Basin-Specific Criteria (Malheur Lake): Beneficial Uses to Be Protected in the Malheur Lake Basin

[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 Malheur Lake Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 190A (November 2003).

(2) Designated fish uses to be protected in the Malheur Lake Basin are shown in Figures 190A, 190B, 190C. (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 340-041-0190: Figure 190C.

(b) In addition to the salmonid spawning areas shown on Figure 190C, 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.

[NOTE: View a PDF of Figures and Tables by clicking on "Tables" link below.]

Or. Admin. Code § 340-041-0190

DEQ 17-2003, f. & cert. ef. 12-9-03; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019; DEQ 27-2023, amend filed 12/21/2023, effective 12/21/2023

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048

Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048