OAR 340-056-0300: Instream Water Rights Evaluation and Application Procedures

(1) The Department has established an instream water rights program that includes priorities and procedures for developing instream water rights applications, and methodologies to determine the amount of flow required to protect and maintain water quality. (2) The Department will evaluate the need to establish instream water rights on a receiving stream by examining the relevant information available for the stream segment, and determining whether the stream segment meets the criteria listed in OAR 340-056-0200(3) or (4). (3) For those stream segments that meet the priorities and criteria set forth in this rule, the Department will determine the flow level needed using an appropriate methodology identified in OAR 340-056-0400, and apply for an instream water right. (4) In order to apply for an instream water right, the Department will submit an application to WRD which includes the information specified in OAR 690-077-0020, rules of the WRD. (5) The Department will notify local governments and the public of the intent to file an instream water right application before it is submitted to WRD and will provide an opportunity for public comment not to exceed 30 days. The Department will consider only comment and information pertinent to the water quality flow determination analysis at this time, and not comment pertaining to the permitting authority of WRD. WRD provides notice of all applications and accepts public comment for their broader review and permitting function following submittal of the water right application. Notification of the intent to file an application and the opportunity for public comment will be provided to the local newspaper, to local governments, and to parties who have requested notification from the Department. (6) The Department will submit the draft application to ODFW and Parks for review and comment prior to submission to WRD. (7) ODFW and Parks may incorporate other public uses into a Department application and jointly apply with the Department for instream water rights in accordance with OAR 690-077-0020. (8) Upon notice that ODFW or Parks is requesting an instream water right, the Department may jointly apply for an instream water right with the other agency(ies) for the amount of flow needed for pollution abatement, provided the criteria listed in OAR 340-056-0200(3) and (4) are met. (9) The Department will prepare a policy analysis of the draft application and provide this analysis to the Commission for comment prior to submitting the application to WRD. (10) The final application shall be signed by the Director or the Director’s designated representative and submitted to the WRD.