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.J ~) . . . . 'g.... - 't. ~~~~~~~~~~~~~v'vvVV'Jvl.. :' .)'VVVV^VV'Jv~~~~~~~~~~V ".J1" Originally the Water Resources Commission could establish an ISF on its own motion, but this was no longer ssible after the 1987 Ie . slation Entities Authorized to RequestJRecol)lmend/Administer-'nstrcam Flo." . Scenic Waterways administered primarily by State PaIks and Recreation Deparbnent with involvement by Division of State Lands, Oregon State Marine Board and Oregon Water Resources Deparbnent ISF water rights requested from the Water Resources Commission, The Water Resources Deparbnent (WRD) holds instream water rights (Mattick 1993) Department ofFish and Wildlife, Deparbnent of Environmental Quality and State PaIks and Recreation De ent can a I for ISF water ri ts (Mattick 1993 . . Process for Securin~ Instream Flow Ri~hts or Reservations - - . ORS ~~537.332 through 537.343 provide the process by which designated state agencies can request instream flows. (Kaufman 1992) As mentioned in the "legal recognition" section, the application process is scrutinized for creating too much delay from time of filing to final appropriation. The rulemaking process in general creates substantial public involvement, but this is at the cost of dela in fina1 a ro riation. . -. ..!,ublic Participation . . 1992 rules amended to ensure all persons or groups had a fair and equal opportunity to express public interest concerns during review of applications. Individuals can acquire water rights and convert them to ISF water rights (which are then held in trust by the DWR Mattick 1993 . ~ ProTected Benc'licial Uses of Instream Flows . Protected uses include: "fish life, wildlife, fish and wildlife habitat'.. "water quality standards". and ''recreation and scenic attraction" [ORS ~537.336] . Since the adoption of the ISF Water Rights statute in 1987, recreational instream use has been an expressly recognized ISF use. A recreational right may he applied for by the Department ofPaIks and Recreation for a uanti that rovides a desirable level for recreation and scenic attraction. ORS 537.336 3 - -- - -- --~ - - - Acquisition Program. . Acquisition methods exist in Oregon and include transfers, leases and conserved water projects. Leases are limited to 5 years with the option to renew_The majority of transfers are permanent transfers. . Any entity can purcbase, lease or receive as a gift any water right for instream use. but the converted use must be held in trust b WRD Rice 2004 . - - Flow Quantification Methods . IFM and versions, and the Oregon method . Flows are quantified to meet the following goals: . "[cJonservation, maintenance and enhancement of aquatic and fish life, wildlife. and fish and wildlife habitat."... Deparbnent of Fish & Wildlife . "[t]o provide desirable levels for 'recreation and scenic attraction".... Parks and Recreation Department . " uanti necess for lIution abatement"... De arbnentofEnvironmental Quali ORS 537.336 . Monitoring and Enforcement .. . - . - - - - . To prioritize monitoring. the WRD works with the Deptartment ofFish and Wildlife to determine critical streams and rivers for monitoring and measure flows in most sensitive areas. . When instream flows are not hein met, the water master is authorized to shut off 'unior users (French 2004 Oregon DRAFT 3