Or. Admin. Code § 690-505-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 690-505-0050 - Lower Main Stem Deschutes River

Classifications:

(1) The maximum beneficial use of that portion of the main stem of the Deschutes River from its confluence with the Columbia River to and including river mile 100.0 is for recreation, fish and wildlife purposes and no appropriations of water in this area shall be permitted except for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, recreation, fish and wildlife uses;

(2) The maximum economic development of this state and the attainment of the highest and best use of the waters of the lower main stem Deschutes River from river mile 100.0 to river mile 120.0 and the attainment of an integrated and balanced program for the benefit of the state as a whole will be achieved through utilization of the aforementioned waters only for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, hydroelectric power, fish, wildlife and recreation purposes and the aforementioned waters of the main stem Deschutes River are hereby so classified;

(3) The maximum economic development of this state and the attainment of the highest and best use of the waters of the waters of the lower main stem Crooked River from its confluence with the Deschutes River to river mile 6.5 and the waters of the main stem of the lower Metolius River from its confluence with the Deschutes River to river mile 13.0 will be attained through utilization of such waters for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, hydroelectric power fish, wildlife, and recreation purposes and the aforementioned waters of the lower main stem, Crooked River, and lower main stem, Metolius River, are hereby so classified.

(4) Applications for the use of such water shall not be accepted by any state agency for any other purpose and applications for such other purposes are declared to be prejudicial to the public interest and the granting of applications for such other uses would be contrary to the integrated, coordinated program for the use and control of the water resources of the state;

(5) Structures or works for the utilization of the waters in accordance with the aforementioned classifications are also declared to be prejudicial to the public interest unless planned, constructed and operated in conformity with the applicable provisions of ORS 536.310 and any such structures or works are further declared to be prejudicial to the public interest which do not give proper cognizance to the multiple-purpose concept.

[NOTE: The main stem of the Deschutes River from its confluence with the Columbia River to river mile 120.0 is shown in USGS Water Supply Paper 344; the main stem of the Crooked River from its confluence with the Deschutes River to river mile 6.5 is shown on USGS Plans and Profiles, 1926; and the main stem of the Metolius River from its confluence with the Deschutes River to river mile 13.0 is shown in USGS Water Supply Paper 344.]

Or. Admin. Code § 690-505-0050

(Deschutes River Basin: WRB 6, f. 11-30-59; WRB 16, f. 2-20-62; WRB 18, f. 6-1-62; WRB 27, f. 5-11-64; WRB 38, f. 6-14-67; WRD 7(Temp), f. 7-11-77; WRD 6-1978(Temp), f. & cert. ef. 8-15-78; WRD 7-1978, f. & cert. ef. 10-13-78; WRD 2-1979(Temp), f. & cert. ef. 10-9-79; WRD 4-1980, f. & cert. ef. 1-23-80; WRD 5-1980, f. & cert. ef. 4-8-80; WRD 8-1980, f. & cert. ef. 11-24-80; WRD 2-1981, f. & cert. ef. 4-30-81; WRD 3-1981, f. & cert. ef. 5-12-81;WRD 6-1984, f. & cert. ef. 12-27-84; Lower Main Stem Deschutes River Basin: WRB 6, f. 11-30-59; WRD 2-1981, f. & cert. ef. 4-30-81; Lower Main Stem Metolius River: WRB 27, f. 5-11-64); Administrative Renumbering 1-1993, Renumbered from 690-080-0050

Stat. Auth.: ORS 536 & ORS 537

Stats. Implemented: