OAR 340-056-0200: Selection of Receiving Waters for Instream Water Rights Application

(1) The Department will consider waters of the state for instream water rights application in the following priority order, but reserves the right to apply for an instream water right on a waterbody in any category before another: (a) Water Quality Limited waters as defined in OAR 340-056-0100(18)(a), and identified as 303d1 water quality limited waters in Appendix A of the Biennial Water Quality Assessment (305b) Report; (b) Outstanding Resource Waters; (c) All other waters. (2) Waterbodies that have a pending or certificated instream water right which is estimated by the Department to be of sufficient quantity to serve pollution abatement purposes, may be relegated to a lower priority so that the Department may focus its efforts first on stream segments with no flow protection. (3) The Department will use the following criteria to determine whether to apply for an instream water right. These criteria apply to all waters except Outstanding Resource Waters: (a) An instream water right would protect or maintain water quality for beneficial uses and, therefore, provide a public benefit; and (b) Low flows contribute to or exacerbate existing or expected water quality problems. (4) The Department will use the following criteria to determine whether to apply for an instream water right for an Outstanding Resource Water: (a) An instream water right would protect the water quality values established for the Outstanding Resource Water by the Commission under OAR 340-041-0026(1)(a)(D) and, therefore, provide a public benefit; and (b) Reduced flows would contribute to or exacerbate potential degradation of those waters. [ED. NOTE: Appendices referenced are available from the agency.]