Or. Admin. R. 690-028-0027

Current through Register Vol. 63, No. 8, August 1, 2024

Section 690-028-0027 - Filings for Federal Reserved Instream Water Rights

(1) Any Indian tribe or federal agency claiming an instream federal reserved right shall provide the information in OAR 690-028-0025(3) and (5) for each stream reach for which a right is being claimed. A separate registration form shall be filed for each stream reach in which an instream reserved right is being claimed. Each stream reach or lake shall be identified on a Department basin map. The upstream and downstream locations of the reach shall be identified according to the public lands survey system. The purpose or purposes of the instream flow shall be given. If applicable, the species of fish or wildlife to be supported must be identified. Flows requested shall be specified by month in cubic feet per second, elevation of lake surface, or other measurable units as appropriate.

(2) A claimant shall provide supporting documentation of the methods used to estimate water quantities needed to satisfy the purpose or purposes of the reservation. Accepted methodologies for determining habitat needs include, but are not limited to:

(a) Instream Flow Incremental Methodology habitat suita-bility curves published in a series of technical reports by the U.S. Fish and Wildlife Service;

(b) The Oregon Method developed by the Oregon State Game Commission (Thompson, K.E., 1972, determining streamflows for fish life, pp. 31-50, in Proceedings of the Instream Flow Requirement Workshops, Pacific N.W. River Basins Commission, Portland, OR);

(c) Forest Service Method developed by the Pacific Northwest Region USDA Forest Service, (Swank, G.W. and Phillips, R.W. 1976, Instream Flow Methodology for the Forest Service in the Pacific Northwest Region, pp. 334-343, in Proceedings of Symposium and Special Conference on Instream Flow Needs, Orsborn, J.F. and O.H. Allman, eds. Vol. II, American Fisheries Society, Bethesda, MD); and

(d) Environmental Basin Investigation Reports conducted by the Oregon State Game Commission between the mid-1960's and the mid-1970's.

(3) The claimant may propose for the Department's consideration:

(a) A means and location for measuring the instream water right;

(b) A strategy and responsibility for monitoring flows for the instream right; and

(c) Any provisions needed for managing the water right to protect the reserved claim.

Or. Admin. R. 690-028-0027

WRD 10-1990, f. & cert. ef. 7-20-90