OAR 690-076-0018: Application Standards for Minimum Perennial Streamflows

(1) The Commission will accept applications for minimum perennial streamflows to support aquatic life or minimize pollution submitted by the Department of Fish and Wildlife or the Department of Environmental Quality on or after January 1, 1986. (2) A complete application shall contain the following information: (a) Applicant; (b) Stream name; (c) The body of water to which the stream is tributary; (d) Name of major river basin; (e) Map with flow location; (f) Purpose(s) of flow; (g) Requested flow in cubic feet per second (cfs); (h) Method of determining requested minimum streamflow needs and date of study or evaluation; (i) Period of year, if any, when streamflow is believed to be frequently lower than requested levels; (j) Suggested long-range methods of achieving minimum streamflow objectives during any periods of shortage; (k) A completed land use coordination statement as provided in the Department’s Land Use Planning Procedures Guide. At a minimum, the statement shall: (A) Identify affected local government pursuant to OAR 690-076-0010; (B) Explain the purpose of the minimum streamflow; (C) Invite planning directors to identify and provide policies or provisions in comprehensive plans relating to instream flow protection or other uses of the waters under consideration; and (D) Offer an opportunity for local government officials to discuss the proposed minimum streamflow with the applicant(s) and Department. (l) Additional data identified in section (3) and/or (4) of this rule. (3) Applications to support aquatic life shall also provide the following information: (a) Species of fish life used to determine flow requirements; (b) Other significant aquatic species supported; (c) Population estimates of significant species and historic levels and population trends, if available; (d) Activities and management plans for support of aquatic life in the stream subbasin; (e) Any significant changes in the physical habitat or aquatic species composition that has occurred since the date listed in subsection (2)(h) of this rule; (f) Any other available reports for the same river which identify different minimum streamflows for support of aquatic life and the reasons why the requested flow is most appropriate; (g) A preliminary indication from Department of Environmental Quality of whether requested flow levels are sufficient to minimize pollution. (4) Applications to minimize pollution shall also provide the following information: (a) Sources of pollution to be minimized that were used to determine the flow requirements; (b) Other sources of pollution in the stream subbasin; (c) Beneficial water uses that are presently or potentially limited by water pollution; (d) Present water quality conditions in the stream; (e) Water quality management activities and programs in the subbasin; (f) Any other available reports for the same river which identify different minimum streamflows to minimize pollution and the reasons why the requested flow is most appropriate; (g) A preliminary indication from Oregon Department of Fish and Wildlife of whether the requested flow is sufficient for support of aquatic life; (h) A statement showing why other means to abate pollution are not feasible. (5) The applicant may include in the application a statement of values associated with the purpose of the minimum streamflow, such as recreational, scenic, scientific, environmental, economic, cultural or health and welfare factors. The statement will not be used to determine if the application is complete.