OAR 690-076-0030: Review Standards

The Commission will apply the following standards when reviewing a minimum perennial streamflow application. (1) The Commission will assume the purposes of the minimum streamflow are as important as other water uses and approve the requested minimum stream flow or a more appropriate level unless another use is found to be of greater importance. (2) Minimum perennial streamflows may be established on streams where appropriations have depleted the flow below the proposed minimum perennial streamflow in some reaches for some period of time if the Commission concludes that the action will result in public benefit for support of aquatic life or minimizing pollution. (3) The Commission may identify another use as being of greater importance than the purpose of the minimum flow and may reject an application from the Department of Fish and Wildlife or the Department of Environmental Quality if: (a) Appropriations have depleted streamflows below the proposed minimum perennial streamflow during all or a part of the year and the need to protect water sources to supplement existing inadequately supplied water uses is of greater importance; (b) Little potential exists for developing a water supply to meet the flow objectives in the future without causing a detrimental impact on more important existing and planned uses; (c) A more important planned water use could be served by unappropriated streamflow which could not be served by an alternative source if the minimum streamflow were adopted; (d) A more important use is identified based on state or federal statutory or administrative provisions or acknowledged local comprehensive land use plans that state a preference for another water use which could not be adequately served if the minimum flow application were approved; or (e) The general economic, social and environmental benefits associated with a planned water use(s) are found to be of greater value than benefits and values identified in the application and hearing record from establishing the minimum streamflow. (4) The Commission may reject a minimum perennial streamflow application after finding another use is of greater importance and set an alternative minimum streamflow during all or part of a year after reserving water for the more important use(s) or exempting use(s) from the minimum flow. The Commission must find that the alternative minimum streamflow is sufficient to provide a public benefit for supporting aquatic life or minimizing pollution. (5) The Commission shall assure that the adoption of minimum streamflows meets the requirements established in OAR 690-060-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans). (6) In determining whether a more appropriate streamflow should be adopted, the Commission shall consider the comments from the Departments of Fish and Wildlife and Environmental Quality, on any alternative streamflow and: (a) Whether flow levels should be based on the requirements of other fish species, consistent with fishery management objectives of the Department of Fish and Wildlife; (b) Whether the methods used for determining optional water requirements for support of aquatic life or minimizing pollution are appropriate and superior to those identified in the application; (c) Whether levels based on minimizing pollution from difference sources or based on different methods of treatment or disposal of wastes would result in a greater public benefit; (d) Whether streamflow analysis indicates a proposed flow deviates significantly from the natural runoff pattern of the stream and another level would better support the purposes of the minimum flow and reflect the natural streamflow pattern; (e) Whether significant changes in stream channel configuration or aquatic habitat have occurred since the minimum streamflow study or evaluation was completed and optional levels identified are more appropriate under existing conditions; or (f) Whether optional levels will be more appropriate considering both the need to support aquatic life and the need to minimize pollution.