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North Coast Basin Program


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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WATER RESOURCES DEPARTMENT









 

DIVISION 501
NORTH COAST BASIN PROGRAM

NOTE: The North Coast Basin is delineated on the agency Map 1.6, dated 1972.
690-501-0005
Classifications
(1) In accordance
with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the North Coast Basin
are classified for domestic, livestock, municipal, irrigation, power development,
industrial, mining, recreation, wildlife, and fish life, with the following exceptions:
(a) The waters
of the natural lakes of the North Coast Basin are classified for utilization of
water for domestic, livestock, power development not to exceed 7-1/2 theoretical
horsepower, and in-lake uses for recreation, wildlife, and fish life purposes;
(b) The attainment
of the highest and best use of the waters of Clatskanie and Klaskanine Rivers and
their tributaries, Lewis and Clark River and Tillasqua Creek (Big Creek), has been
determined through legislative withdrawal by ORS 538.251 to be for the protection
of fish life. ORS 538.260 states that 538.251 shall not affect any existing rights
or prevent appropriation for domestic, stock, municipal, fish culture, esthetic,
recreational, or public park purposes;
(c) The waters
of the Columbia River creating a tidal influence in the mouths of the tributaries
to the Columbia River within the Columbia Subbasin are classified for utilization
of water for domestic, livestock, municipal, irrigation, indus[-]trial, recreation,
wildlife, and fish life purposes;
(d) The waters
of all streams tributary to Sand Lake are classified only for utilization for domestic,
livestock, use in dairies, irrigation of lawns and noncommercial gardens not exceeding
one-half acre in area, power development and instream use for recreation, fish life
and wildlife purposes;
(e) The waters
of Jetty Creek and its tributaries are classified for utilization of water for human
consumption, livestock consumption, power development and instream uses for recreation,
wildlife and fish life purposes. In addition, up to one cubic foot per second of
the waters of Jetty Creek is classified for municipal use;
(f) The waters
of Heitmiller Creek are classified for utilization of water for human consumption,
livestock consumption, and instream uses for recreation, wildlife and fish life
purposes;
(g) The waters
of the following streams are classified for utilization of water for human consumption,
livestock consumption, power development and instream uses for recreation, wildlife,
and fish life purposes:
(A) Tillamook
Subbasin:
(i) All streams
tributary to Daley Lake;
(ii) All
streams tributary to Netarts Bay;
(iii) Coleman
Creek and its tributaries;
(iv) Vaughn
Creek and its tributaries;
(v) Douhty
Creek and its tributaries;
(vi) Patterson
Creek and its tributaries;
(vii) Larson
Creek and its tributaries;
(viii) All
streams tributary to Lake Lytle.
(B) Nehalem
Subbasin:
(i) Salmonberry
River and its tributaries;
(ii) Rock
Creek and its tributaries.
(C) Columbia
Subbasin:
(i) Short
Sand Creek and its tributaries;
(ii) Arch
Cape Creek and its tributaries;
(iii) Cullaby
Creek and its tributaries;
(iv) John
Day River and its tributaries;
(v) Gnat
Creek and its tributaries;
(vi) All
tributaries to Westport Slough, except Plympton Creek. In addition to uses in subsection
(g) of this section, permits may also be used to collect and divert polluted industrial
site runoff, before entering OK Creek, for pollution abatement purposes. This use
shall be allowed only on the condition that all applicable requirements of other
agencies are met;
(vii) Tide
Creek and its tributaries, except that water from the main stem Tide Creek from
the falls near river mile 3 to the mouth may be used for gravel washing provided
that such use shall not diminish the flow in Tide Creek below 2.5 cfs;
(viii) Goble
Creek and its tributaries, except that surface water legally stored and released
from storage may be used for any beneficial purpose. Diversion for storage shall
be limited to the period December 1 to February 28.
(2) Structures
or works for 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 the applicable provisions of ORS 536.310; and any
such structures or works, which do not give cognizance to the multiple-purpose concept,
are further declared to be prejudicial to the public interest.
Stat. Auth.: ORS
536.300, 536.340 & 537

Stats. Implemented:

Hist.: WRB
21, f. 11-8-62; WRB 27, f. 5-11-64; WRB 51, f. 5-14-73; WRD 5-1978, f. & cert.
ef. 6-8-78; WRD 5-1981, f. & cert. ef. 6-19-81; WRD 5-1989, f. & cert. ef.
9-14-89; WRD 3-1991, f. & cert. ef. 3-14-91, Renumbered from 690-080-0010; WRD
3-2012, f. & cert. ef. 12-12-12
690-501-0010
Minimum Perennial
Streamflows
For the purpose
of maintaining a minimum perennial streamflow sufficient to support aquatic life,
no appropriations of water except for human consumption, livestock consumption,
and waters legally released from storage shall be granted for the waters of the
following streams and their tributaries for flows below the amounts specified in
Table 1.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.:
ORS 536.300, 536.340 & 537

Stats. Implemented:

Hist.: WRB
21, f. 11-8-62; WRB 27, f. 5-11-64; WRB 51, f. 5-14-73; WRD 5-1978, f. & cert.
ef. 6-8-78; WRD 5-1981, f. & cert. ef. 6-19-81; WRD 5-1989, f. & cert. ef.
9-14-89; WRD 3-1991, f. & cert. ef. 3-14-91, Renumbered from 690-080-0010; WRD
3-2012, f. & cert. ef. 12-12-12
690-501-0030
Out-of-Basin
Appropriations
To support present
and proposed North Coast Basin water resource development, no out-of-basin appropriation
of the waters of the North Coast Basin shall be granted without the prior approval
of, and following a public hearing by, the Water Resources Commission.
Stat. Auth.: ORS
536.300, 536.340 & 537

Stats. Implemented:

Hist.: WRB
21, f. 11-8-62; WRB 27, f. 5-11-64; WRB 51, f. 5-14-73; WRD 5-1978, f. & cert.
ef. 6-8-78; WRD 5-1981, f. & cert. ef. 6-19-81; WRD 5-1989, f. & cert. ef.
9-14-89; WRD 3-1991, f. & cert. ef. 3-14-91, Renumbered from 690-080-0010; WRD
3-2012, f. & cert. ef. 12-12-12
690-501-0040
Water Quality
Rights to use of water grant by any state agency in accordance with this water use program shall be issued only on the condition that any effluents or return flows from such uses shall not interfere with other beneficial uses of water.
Stat. Auth.: ORS
536.300, 536.340 & 537
Stats. Implemented:

Hist.: WRB 21, f. 11-8-62; WRB 27, f. 5-11-64; WRB 51, f. 5-14-73; WRD 5-1978, f. & cert. ef. 6-8-78; WRD 5-1981, f. & cert. ef. 6-19-81; WRD 5-1989, f. & cert. ef. 9-14-89; WRD 3-1991, f. & cert. ef. 3-14-91, Renumbered from 690-080-0010

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