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<br />OOlGli5 <br /> <br />and appropriate local govemments. If the Department determines that a proposed use of <br />water is inconsistent with the Fish and Wildlife Progrnm and cannot he conditioned to <br />achieve consistency, the application shall be presumed to impair or be detrimental to the <br />public interest. <br /> <br />(2) The applicant shall provide information to show compliance with the following <br />standards which will form the basis for permit conditions: <br />(a) The proposed use does not involve appropriation of direct streamflow during <br />the time period of April 15 to September 30, except as provided in OAR 690- <br />33-140; <br />(b) The proposed use does not involve hydrnulically connected groundwater with <br />potential for substantial interference as listed in Division 9 during the time <br />period of April 15 to September 30, except that which is artificially recharged <br />or as otherwise provided in OAR 690-33-140; <br />(c) The proposed use complies with screen design, installation, operation <br />specifications and passage requirements as listed in ORS 498.248 through <br />498.268 and 509.600 through 509.630; <br />(d) The proposed use complies with existing state and federal water quality <br />standards; and <br />(e) The proposed use complies with water use measurement, recording and <br />reporting required by the Director. <br /> <br />-erf <br /> <br />(3) Based on the consultation in OAR 690-33-120(1), the proposed use may be further <br />condilioned so that, if the riparian area is distwbed in the process of developing a point of <br />diversion, the riparian area is restored or enhanced. <br /> <br />(4) IT a proposed use is not consistent with the Fish and Wildlife Program, the applicant <br />may propose mitigation compatible with OAR 690-33-120(2) and (3). The Director shall <br />determine if the proposed use with mitigation is consistent with the Fish and Wildlife <br />Program. For purposes of mitigation, the ODFW Fish and Wildlife Habitat Mitigation <br />Goals and Standards, OAR Chapter 635, Division 415, Section 030 adopted November <br />13, 1991 shall be followed. <br /> <br />690-33-130 <br /> <br />IT the flow management objectives cannot be achieved because of differing requirements <br />between fish species in the management area, the Department shall consult with the <br />affected fish and wildlife agencies and the appropriate Indian tribes to assist in resolving <br />the flow management conflicts. <br />