OAR 690-410-0030: Instream Flow Protection

(1) Policy — Benefits are provided by water remaining where it naturally occurs. Protecting streamflows which are needed to support public uses is a high priority for the state. The long term goal of this policy shall be to establish an instream water right on every stream, river and lake which can provide significant public benefits. Where streamflows have been depleted to the point that public uses have been impaired, methods to restore the flows are to be developed and implemented. These activities shall be consistent with the preservation of existing rights, established duties of water, and priority dates, and with the principle that all of the waters within the state belong to the public to be used beneficially without waste. (2) Principles — Programs to achieve the policy in section (1) of this rule shall be guided by the following principles: (a) The Commission shall consider the needs of both instream and out-of-stream uses when reviewing future appropriations and developing streamflow restoration programs; (b) Preservation of instream flows needed to support the purposes of State Scenic Waterways is a high priority for the state; (c) Statewide and local programs should be implemented to restore and enhance streamflow and lake levels to provide public uses. Priority of restoration shall be established by the Water Resources Commission. The Commission shall consult with the Department of Fish and Wildlife, Environmental Quality, Parks and Recreation and the public, to identify those waterways where the greater public benefit could be obtained from additional streamflow restoration; (d) The Department shall actively encourage the purchase, lease and gift of existing water rights for transfer to instream water rights, and the construction of environmentally sound multi-purpose storage projects; (e) Streamflow restoration programs shall be designed to encourage cooperation and coordination between instream water interests and out-of-stream water users; and (f) Instream water rights are preferred, over the establishment of new minimum perennial stream-flows, to protect instream public uses.