OAR 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.
Source:
Rule 690-028-0040 — Standards to Evaluate Claims, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-028-0040.