OAR 340-056-0320: Periodic Review of Instream Water Rights

(1) Instream water rights held in trust by the Water Resources Department for the purpose of pollution abatement shall be reviewed by DEQ as follows: (a) For stream segments subject to a Total Maximum Daily Load, instream water rights shall be reviewed within one year of the date the load and waste load allocations are achieved, and at least once in every five year period thereafter; (b) When a discharge permit is cancelled or denied, or permit limits are substantially reduced, instream flow needs will be reevaluated; (c) In basins with active nonpoint source control programs, instream flow needs will be reevaluated at least once in every ten-year period; (d) All other instream water right for water quality will be reviewed once in every ten-year period. (2) If the review of an instream water right by the Department finds that the instream flow need has declined and is expected to remain at the reduced level, the Department will notify WRD. The Department may assist WRD in proceedings to cancel, transfer or modify the instream right. (3) If the review of an instream water right finds that the pollution abatement use is greater than provided for in the existing instream right, the Department may apply for a water right for the additional instream flows according to the criteria and procedures set forth in this rule.