Division 60 Instream Water Rights

• Description: Policy in Oregon and Idaho
• State: OR
• State: ID
• Date: 10/30/2000
• Author: Oregon State Archives, Parks and Recreation Department
• Title: Division 60 Instream Water Rights
• Water Supply Pro - Doc Type: Publication

Parks and Recreation Dept. Page 7 of 9
736- 060 -0030
Internal Application Process for Instream Water Right
(1) While only Parks, ODF &W, and DEQ may request instream water rights, requests may be
initiated by the Department, by other local, state, or federal agencies, or by the public at large.
(2) All requests and studies shall be submitted to the instream water rights Coordinator, using
a typewritten or printed format and including the following information:
(a) A description of the location of recreational use, including a description of the existing flow
regime by month following the Oregon Recreation Methodology (OAR 736- 060 - 0015);
(b) A summary of the study participants and a list of authors and their qualifications;
(c) The recreation flow requirement recommendation expressed in cubic feet per second, or, if
for standing water body, in feet above mean sea level or in acre feet; and
(d) The date and the signature of the submitting authority, organization, or individual.
(3) The instream water rights Coordinator shall review all studies within a reasonable time for
compliance with this rule and Department goals, objectives, and policies. The study may be
returned to the initiator for amendment, changes, or additional justification.
(4) If the study is found to be consistent with this rule and Department goals, objectives, and
policies, the Coordinator may prepare a draft application. If competing instream recreational
uses exist, the Director may choose to apply for only the predominant recreational use or uses.
The Director shall maintain a record of the reasons for the decision. The draft application shall
contain all the information required by OAR 690- 077 -0020.
(5) The Coordinator shall notify ODF &W and DEQ of the proposed application. Changes or
corrections to the draft application suggested by DEQ and ODF &W shall be reviewed and
made if they are determined to be consistent with available information, this rule, Department
goals, objectives, policies, and the purposes for the instream water right application.
(6) DEQ, or ODF &W, or both, may incorporate the public uses for which they are responsible
into a Department application for instream water rights in accordance with OAR 690- 077 -0020.
(7) To the greatest extent possible, the final application shall accommodate the requests of
ODF &W and DEQ, provided such amendments are consistent with available data, this rule,
Department goals, objectives, and policies, and the purposes of the instream water right
application. In the event the Department withdraws an application of an instream water right
that was proposed by anyone other than the Department, it shall endeavor to notify the party
of the reasons for withdrawal.
http: / /arcweb.sos.state.or.us /rules /OARS_700 /OAR 736/736_060.html 10/30/00