OAR 690-501-0005
Classifications
(1)
In accordance with ORS 536.220 (Policy on water resources generally), 536.300 (Formulation of state water resources program), 536.310 (Purposes and policies to be considered in formulating state water resources program), and 536.340 (Classification of water as to highest and best use and quantity of use), the waters of the North Coast Basin are classified for domestic, livestock, municipal, irrigation, power development, industrial, mining, recreation, wildlife, and fish life, with the following exceptions:(a)
The waters of the natural lakes of the North Coast Basin are classified for utilization of water for domestic, livestock, power development not to exceed 7-1⁄2 theoretical horsepower, and in-lake uses for recreation, wildlife, and fish life purposes;(b)
The attainment of the highest and best use of the waters of Clatskanie and Klaskanine Rivers and their tributaries, Lewis and Clark River and Tillasqua Creek (Big Creek), has been determined through legislative withdrawal by ORS 538.251 (Tributaries of Columbia River) to be for the protection of fish life. ORS 538.260 (Existing rights not affected) states that 538.251 (Tributaries of Columbia River) shall not affect any existing rights or prevent appropriation for domestic, stock, municipal, fish culture, esthetic, recreational, or public park purposes;(c)
The waters of the Columbia River creating a tidal influence in the mouths of the tributaries to the Columbia River within the Columbia Subbasin are classified for utilization of water for domestic, livestock, municipal, irrigation, indus[-]trial, recreation, wildlife, and fish life purposes;(d)
The waters of all streams tributary to Sand Lake are classified only for utilization for domestic, livestock, use in dairies, irrigation of lawns and noncommercial gardens not exceeding one-half acre in area, power development and instream use for recreation, fish life and wildlife purposes;(e)
The waters of Jetty Creek and its tributaries are classified for utilization of water for human consumption, livestock consumption, power development and instream uses for recreation, wildlife and fish life purposes. In addition, up to one cubic foot per second of the waters of Jetty Creek is classified for municipal use;(f)
The waters of Heitmiller Creek are classified for utilization of water for human consumption, livestock consumption, and instream uses for recreation, wildlife and fish life purposes;(g)
The waters of the following streams are classified for utilization of water for human consumption, livestock consumption, power development and instream uses for recreation, wildlife, and fish life purposes:(A)
Tillamook Subbasin:(i)
All streams tributary to Daley Lake;(ii)
All streams tributary to Netarts Bay;(iii)
Coleman Creek and its tributaries;(iv)
Vaughn Creek and its tributaries;(v)
Douhty Creek and its tributaries;(vi)
Patterson Creek and its tributaries;(vii)
Larson Creek and its tributaries;(viii)
All streams tributary to Lake Lytle.(B)
Nehalem Subbasin:(i)
Salmonberry River and its tributaries;(ii)
Rock Creek and its tributaries.(C)
Columbia Subbasin:(i)
Short Sand Creek and its tributaries;(ii)
Arch Cape Creek and its tributaries;(iii)
Cullaby Creek and its tributaries;(iv)
John Day River and its tributaries;(v)
Gnat Creek and its tributaries;(vi)
All tributaries to Westport Slough, except Plympton Creek. In addition to uses in subsection (g) of this section, permits may also be used to collect and divert polluted industrial site runoff, before entering OK Creek, for pollution abatement purposes. This use shall be allowed only on the condition that all applicable requirements of other agencies are met;(vii)
Tide Creek and its tributaries, except that water from the main stem Tide Creek from the falls near river mile 3 to the mouth may be used for gravel washing provided that such use shall not diminish the flow in Tide Creek below 2.5 cfs;(viii)
Goble Creek and its tributaries, except that surface water legally stored and released from storage may be used for any beneficial purpose. Diversion for storage shall be limited to the period December 1 to February 28.(2)
Structures or works for 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 (Purposes and policies to be considered in formulating state water resources program); and any such structures or works, which do not give cognizance to the multiple-purpose concept, are further declared to be prejudicial to the public interest.
Source:
Rule 690-501-0005 — Classifications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-501-0005.