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<br />.',.,"'"."" <br />. " <br />~~vl~~~!;:~~~~~~V^VVV l.. ,.. ,.~ ,,^^^^^,VWVV~~~~~I~~~~~V <br /> <br />'''11' <br /> <br />. <br /> <br />. The statute: <br />. The entire ISF Rights Statute can be found in ORS ~~537.332-360 (not all sections are in <br />database) <br />. ORS ~~537.332 through 537.343 provide a detailed process by which designated state agencies <br />can request instream flows. <br />. Before filing an application, an agency must first establish administrative rules on the minimum flow <br />requested [ORS ~537.338] (Note: often criticized as being slow/unresponsive) (Kauftnan 1992) <br />. Corwersion of conserved water to instream flow rights <br />. As mentioned previously. an approved conservation plan rewards an individual with water credits for <br />75% of conserved water, leaving the remaining 25% for instream use. (Gillilan and Brown 1997 p162) <br />. Transfer, gift, acquisition <br />. "Any person may purchase or lease all or a portion of an existing water right or accept a gift of all or a <br />portion ofan existing water right for conversion to an in-stream water right" tORS ~537.3487) <br />. Oregon law also allows groundwater rights to be transferred to ISF rights through a supplemental <br />substitution law. [ORS ~540.524] (Boyd 2003) <br />In addition to the 1987 ISF Water Rights Statute, the Oregon Water Resources Deparbnent (WRD) has a long <br />list of rules on ISF rights. [OAR 690.077.0000-0100] <br />. The codified section on ISF rights can be found in the In-Stream Water Rights statute, enacted in 1987. <br />[ORS Sections 537.332 to 537.360] [not all sections are in database] <br />ISF rights have the same legal status as other water rights [ORS 537.350] <br />. However, ISF rights may be subordinated by multipurpose storage projects, municipal uses by <br />municipalities, or hydroelectric projects. tORS 537.352] <br />. ISF rights are also subject to emergency water shortage regulations [ORS 537.354] (Covell 1998) <br />Oregon now allows the Water Resources Board to withdraw waters in all streams from future appropriation <br />when it is in the "nublic interest." fORS ~536.4 I 01 <br /> <br />. <br /> <br />. <br /> <br />Options Available for Instream Flow Protection <br /> <br />. <br /> <br />Scenic Waterways (1970) 1,100 miles of stream and 6,672 acre lake, limits impoundments and diversions for <br />certain rivers. <br />1987 legislation established instream water rights, with the same status of all other water rights. However, <br />future municipal purposes can gain precedence over ISF rights applied for by state agencies. (Mattick 1993) <br />Description from Oregon Water Trust (OWT), "The first two ways may be initiated only by state agencies and <br />result in creation of instream water rights with relatively junior priority dates (which means that the water may <br />not remain in the stream if there are others with senior water rights). These two ways are conversion of <br />minimum perennial streamflows adopted under the 1955 Act. and allowing certain state agencies to apply for <br />new instream water rights from 1987 on. The third way, in which OWT specializes, allows private parties to <br />create instream rights by purchasing, leasing, or accepting a donation of existing water rights for conversion to <br />instream rights, with the same priority date as the original right." hllp://www.owt.orgfsolutions.html <br />Instream Leasing, "This program provides a voluntary means to aid the restoration and protection of <br />streamflows. This arrangement provides benefits both to water right holders and to instream values by providing <br />water users with options that protect their water rights while leasing water for instream benefits." <br />hllp:! /www.wrd.state.or.uslprogramslstewardship/index.shtml <br />Allocation of conserved water, "The law allows a water user who conserves water to use a portion of the <br />conserved water on additional lands, lease or sell the water, or dedicate the water to instream use." <br />hllp:/ /www.wrd.state.or.uslprograms/stewardship/conserved.shtml <br />Conserved water, submit conservation proposal to Water Resources Commission, if approved and measures <br />implemented, water user can keep 75% of saved for additional use, sale or lease, 25% dedicated to instream use, <br />ISF has a priority date of I minute later than original right (approximately 10 completed) (Gillilan and Brown <br />1997, Rice 2004 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />~E;;!ities Authorized to Appropri.ate Instream Flolvs - -. -'.. 0-- <br /> <br />. <br /> <br />Deparbnent ofFish and Wildlife, Department ofEnvironmentaI Quality and State Parks and Recreation <br />Deparbnent are the three agencies that can apply for new water rights. The rights are then are held in trust by <br />the WRD. <br /> <br />Oregon <br /> <br />DRAFT <br /> <br />2 <br /> <br />'\, <br />, <br /> <br />" <br />'l;'" <br /> <br />e <br /> <br />e <br /> <br />e <br />