OAR 690-515-0030: Applegate River Basin

(1) Classifications: (a) In accordance with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the Applegate River Basin are classified for domestic, livestock, municipal, irrigation, agricultural use, power development, industrial, mining, recreation, wildlife and fish life, with the following exceptions: (A) The waters of the following streams and tributaries are classified for domestic, livestock, power development except for those streams listed in paragraph (C) of this subsection, irrigation of noncommercial gardens not to exceed 1/2 acre in area, and instream use for recreation, fish life and wildlife, except for the use of stored water. Water diverted for storage between November 1 and March 31 may be used for any purpose specified in subsection (a) of this section: (i) Palmer Creek; (ii) Beaver Creek; (iii) Little Applegate River; (iv) Forest Creek; (v) Williams Creek; (vi) Cheney Creek; (vii) Slate Creek. (B) The waters of Thompson Creek and tributaries are classified for domestic, livestock and instream use for recreation, fish life and wildlife, except for the use of stored water. Water diverted for storage between November 1 and March 31 may be used for purposes specified in subsection (a) of this section; (C) To protect, maintain and perpetuate anadromous fish habitat and propagation, the waters of the following stream reaches shall not be diverted, interrupted or appropriated for hydropower development purposes: (i) Palmer Creek from the confluence with Bailey Gulch downstream to the mouth; (ii) Beaver Creek from the intersection with the east line of Section 11, Township 40 South, Range 3 West, Willamette Meridian, to the mouth; (iii) Little Applegate River Subbasin: (I) Little Applegate River from the confluence with Lake Creek downstream to the mouth; (II) Glade Creek from the confluence with Mule Gulch downstream to the mouth; (III) Yale Creek from the intersection with the east line of Section 22, Township 40 South, Range 2 West, Willamette Meridian, to the mouth; (IV) Sterling Creek from the intersection with the east line of Section 8, Township 39 South, Range 2 West, Willamette Meridian, to the mouth. (iv) Forest Creek from the intersection with the north line of Section 15, Township 38 South, Range 3 West, Willamette Meridian, to the mouth; (v) Thompson Creek from the intersection with the south line of Section 24, Township 39 South, Range 5 West, Willamette Meridian, to the mouth and the tributary of Ninemile Creek from the intersection with the east line of Section 30, Township 39 South, Range 4 West, Willamette Meridian, to the mouth; (vi) Williams Creek Subbasin: (I) Williams Creek from the confluence with the East Fork and West Fork of Williams Creek downstream to the mouth; (II) East Fork Williams Creek from the first intersection with the east line of Section 26, Township 39 South, Range 5 West, Willamette Meridian, to the mouth and the tributary of Rock Creek from the confluence with Horsetail Creek downstream to the mouth; (III) West Fork Williams Creek from the confluence with Right Hand Fork of the West For, Williams Creek downstream to the mouth; (IV) Right Hand Fork of the West Fork Williams Creek from the intersection with the south line of Section 13, Township 39 South, Range 6 West, Willamette Meridian, to the confluence of the West Fork Williams Creek; (V) Bill Creek from the confluence with Bear Wallow Creek downstream to the mouth; (VI) Munger Creek from the confluence with North Fork Munger Creek downstream to the mouth; (VII) Powell Creek from the intersection with the west line of Section 167, Township 38 South, Range 5 West, Willamette Meridian, to the mouth. (vii) Cheney Creek from the intersection with the south line of Section 22, Township 37 South, Range 7 West, Willamette Meridian, to the mouth and the tributary of Little Cheney Creek from the intersection with the south line of Section 18, Township 37 South, Range 6 West, Willamette Meridian, to the mouth; (viii) Slate Creek Subbasin: (I) Slate Creek from the intersection with the north line of Section 1, Township 37 South, Range 8 West, Willamette Meridian, to the mouth; (II) Ramsey Creek from the intersection with the north line of Section 13, Township 37 South, Range 8 West, Willamette Meridian, to the mouth; (III) Butcherknife Creek from the intersection with the west line of Section 18, Township 37 South, Range 7 West, Willamette Meridian, to the mouth; (IV) Waters Creek from the intersection with the west line of Section 32, Township 36 South, Range 7 West, Willamette Meridian, to the mouth; (V) The entire length of Bear Creek; (VI) Salt Creek from the intersection with the north line of Section 8, Township 37 South, Range 7 West, Willamette Meridian, to the mouth; (VII) Elliott Creek from the intersection with the south line of Section 15, Township 37 South, Range 7 West, Willamette Meridian, to the mouth; (VIII) Round Prairie Creek from the intersection with the north line of Section 3, Township 37 South, Range 7 West, Willamette Meridian, to the mouth and the tributary of South Fork Round Prairie Creek from the intersection with the west line of Section 2, Township 37 South, Range 7 West, Willamette Meridian, to the mouth. (b) Structures or works for the utilization of the waters in accordance with the aforementioned classifications are also declared to be prejudicial to the public interest unless planned, constructed, and operated in conformity with applicable provisions of ORS 536.310 and any such structures or works are further declared to be prejudicial to the public interest which do not give proper cognizance to the multiple-purpose concept. (2) Storage: (a) Storage projects consistent with the purposes of minimum perennial streamflows shall be encouraged; (b) Reservoir sites should be protected through the comprehensive land-use planning process for possible further development or until alternative methods of meeting water needs have been developed. Immediate concern should be given to the following sites as delineated on Water Resources Department map file number 15B.4, Plate 4: (A) Little Applegate River, site 26; (B) Waters Creek, site 112; (C) Elliott Creek, site 110. (3) Minimum Perennials Streamflows: (a) For the purpose of maintaining a minimum perennial streamflow sufficient to support aquatic life, and of attaining the highest and best use of waters released from storage, no appropriations of water except for domestic, livestock and irrigation of noncommercial gardens not to exceed 1/2 acre in area or waters legally released from storage shall be granted for the waters of the Applegate River or its tributaries for flows below the specified levels in Table 3, Section A; (b)(A) To support aquatic life and minimize pollution in accordance with Section 3, Chapter 796, Oregon Laws 1983, no appropriations of water shall be granted for the waters of Williams Creek and Thompson Creek and tributaries for flows below the specified levels in Table 3, Section B. This limitation shall not apply to: (i) Domestic and livestock uses. Domestic use does not include irrigation of lawns and gardens; (ii) Water legally stored or released from storage, subject to paragraph (1)(a)(C) of this rule. (B) Attainment of the specified flow levels during some portions of the year will require development of water storage or implementation of other measures to augment flows. (4) Water Quality: Rights to use of water for industrial or mining purposes granted by any state agency shall be issued only on condition that any effluents or return flows from such uses shall not interfere with recreational, fish life, or other beneficial uses of water. [ED. NOTE: Tables referenced are available from the agency.]