Rogue Basin Program

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_690/690_515.html
Published: 2015

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

 

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WATER RESOURCES DEPARTMENT









 

DIVISION 515
ROGUE BASIN PROGRAM

690-515-0000
Upper Rogue Basin
(1) Classifications:
(a) In accordance
with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the upper Rogue River
Basin are classified with the following exceptions:
(A) Those
waters on which development is further restricted by ORS 542.210;
(B) In accordance
with ORS 538.220, the waters of Barr Creek (beginning in Section 1, T32S, R3E, W.M.
and in Section 6 and Section 7, T32s, R4E, W.M. running thence in a general southwesterly
direction through T32S, R3E, W.M. to a junction with the Rogue River in Section
32, T32S, R3EW.M.) and its tributaries are withdrawn from further appropriation
for any purpose except domestic use and fish life as determined by the Oregon Department
of Fish and Wildlife;
(C) In accordance
with ORS 536.220, the waters of Mill Creek and its tributaries (beginning in Section
22, T31S, R4E, W.M., running thence southwesterly through T31S, R3E, W.M. and T32S,
R3E, W.M., to a junction with the Rogue River in Section 32, T32S, R3E, W.M.) are
withdrawn from further appropriation for any purpose except domestic use and fish
life as determined by the Oregon Department of Fish and Wildlife (ODFW), and the
development of hydroelectric power not to exceed one megawatt if: 1) the hydroelectric
project is located on Mill Creek at a point at least two miles above the confluence
of Mill Creek and the Rogue River, 2) all water appropriated from the stream is
returned to the stream at a point at least one-half mile above the confluence of
Mill Creek and the Rogue River, and 3) the hydroelectric project was constructed
and operated in compliance with ODFW concerning fish conservation, including streamflow
requirements based upon biological criteria;
(D) In accordance
with ORS 538.430, the waters of Big Butte Creek, including its tributaries and springs
at the head which form the creek, are withdrawn from further appropriation for any
purpose except municipal use by the City of Medford, with the exceptions for Eagle
Point Irrigation District as provided in ORS 538.430;
(E) In accordance
with ORS 538.270, the waters of the main channel of the Rogue River (excluding tributaries)
from its intersection with the south line of Section 27, T33S, R1E, W.M. to its
confluence with the Pacific Ocean, are withdrawn from appropriation for any purpose
except domestic, stock, irrigation, municipal, fish, wildlife, recreation, and road
maintenance;
(F) The waters
of Indian Creek, Evergreen Creek, Reese Creek, Trail Creek and Elk Creek and tributaries
are classified for domestic, livestock and instream use for recreation, fish life
and wildlife, except for the use of stored water. Water diverted for storage between
November 1 and March 31 may be used for purposes specified in subsection (a) of
this section;
(G) To protect,
maintain and perpetuate the resident fish habitat, the recreational value, and the
cultural resources of the Upper Rogue Basin, the waters of the following streams
and natural lakes shall not be diverted, interrupted or appropriated for power development
purposes:
(i) All natural
lakes in the Upper Rogue Basin;
(ii) The
Rogue River from the origin near the intersection with the south line of Section
4, Township 29 South, Range 5 East, downstream to USGS stream gage 14328000 (Township
32 South, Range 3 East, Section 19) excluding existing projects;
(iii) Union
Creek and tributaries;
(iv) Abbott
Creek and tributaries.
(b) Structures
or works for the 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 applicable provisions of ORS
536.310 and any such structures or works are further declared to be prejudicial
to the public interest which do not give proper cognizance to the multiple-purpose
concept.
(2) Minimum
Perennial Streamflows:
(a) For the
purpose of maintaining a minimum perennial streamflow sufficient to support aquatic
life and minimize pollution, no appropriations of water shall be granted for the
waters of the Rogue River or tributaries above river mile 164 when the combined
flow measured at stream gages 14330000, Rogue River below Prospect (Township 33
South, Range 3 East, Section 6), and 14334700, South Fork Rogue River, South of
Prospect (Township 33 South, Range 3 East, Section 7) is below 835 cubic feet per
second except that this limitations shall not apply to:
(A) Water
legally stored or legally released from storage;
(B) Domestic
and livestock uses. Domestic use does not include irrigation of lawns and gardens;
(C) Appropriation
of water for power development at or near gage 14330000 provided that alternative
provisions for flow measurements are included in any permit or license issued for
the project.
(b)(A) To
support aquatic life and minimize pollution, in accordance with Section 3, Chapter
796, Oregon Laws 1983, no appropriations of water shall be granted for the waters
of Reese Creek and tributaries when flows are below the specified levels in Table
1, Section B. This limitation shall not apply to:
(i) Domestic
and livestock uses. Domestic use does not include irrigation of lawns and gardens;
(ii) Water
legally stored or released from storage, subject to section (3) of this rule.
(B) Attainment
of the specified flow levels during some portions of the year will require development
of water storage or implementation of other measures to augment flows.
(3) Storage:
(a) Storage
projects consistent with the purposes of minimum perennial streamflows shall be
encouraged;
(b) Potential
reservoir sites should be identified in the comprehensive land-use planning process
for possible future development or until alternative methods of meeting water needs
have been developed. Immediate consideration should be given to the following site:
Elk Creek (SW 1/4 SW 1/4, Section 20, Township 33 South, Range 1 East).
(4) Water
Quality: Rights to use of water for industrial, power development or mining purposes
granted by any state agency shall be issued only on condition that any effluents
or return flows from such uses shall not significantly interfere with recreation,
fish life or other beneficial uses of water.
NOTE: The
Upper Rogue Basin includes all of the drainage area of the Rogue River and its tributaries
above river mile 133 at the south line of Section 31, Township 35 South, Range 1
West, Willamette Meridian.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.:
ORS 536 & 537

Stats. Implemented:

Hist.: (Rogue
River Basin: WRB 4, f. 5-22-59; WRB 5, f. 10-12-59; WRB 27, f. 5-11-64; WRB 33,
f. 3-25-66; WRB 37, f. 12-21-66; WRB 41, f. 10-14-69; WRD 3-1981, f. & cert.
ef. 5-12-9-81; WRD 11-1982, f. & cert. ef. 9-27-82; WRD 5-1983, f. & cert.,
ef. 8-19-83; WRD 6-1983, f. & cert. ef. 10-19-83; WRD 3-1984, f. & cert.
ef. 7-5-84; WRD 3-1989, f. & cert. ef. 2-9-89; Upper Rogue River Basin: WRB
27, f. 5-11-64; Little Butte Creek Basin: WRB 33, f. 3-25-66; Bear Creek Basin:
WRB 37, f. 12-21-66); Administrative Renumbering 1-1993, Renumbered from 690-080-0150;
WRD 3-2012, f. & cert. ef. 12-12-12
690-515-0010
Little Butte
Creek Basin
(1) Classifications:
(a) In accordance
with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the Little Butte
Creek Basin are classified for domestic, livestock, irrigation, agricultural use,
power development, recreation, wildlife, and fish life purposes, except for water
administratively withdrawn from appropriation;
(b) In accordance
with the Order of the State Engineer dated January 22, 1959 (Special Order Vol 9,
Page 489), the waters of Antelope Creek and its tributaries are withdrawn from further
appropriation except for storage of water from November 1 through March 30 and the
appropriation of stored water.
(c) Structures
or works of the 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 applicable provisions of ORS
536.310 and any such structures or works are further declared to be prejudicial
to the public interest which do not give proper cognizance to the multiple-purpose
concept.
(2) Minimum
Perennial Streamflows: For the purpose of maintaining a minimum perennial streamflow
sufficient to support aquatic life and minimize pollution, no appropriations of
water except for domestic or livestock use shall be granted, except that this limitation
shall not apply to water legally stored or legally released from storage subject
to the provisions of Section D for the waters of the streams listed in Table 2 when
flows are below the specified levels. Domestic use does not include irrigation of
lawns and gardens.
(3) Storage:
(a) Potential
reservoir sites should be identified in the comprehensive land-use planning process
for possible future development or until alternative methods of meeting water needs
have been developed. Immediate consideration should be given to the following sites:
(A) Lake
Creek (E 1/2, Section 30, Township 36 South, Range 2 East);
(B) South
Fork Little Butte Creek (SE 1/4 SE 1/4, Section 29, Township 36 South, Range 2 East).
(b) Storage
projects consistent with the purposes of minimum perennial streamflows shall be
encouraged.
[ED. NOTE: Tables
referenced are available from the agency.]
Stat. Auth.:
ORS 536 & 537

Stats. Implemented:

Hist.: (Rogue
River Basin: WRB 4, f. 5-22-59; WRB 5, f. 10-12-59; WRB 27, f. 5-11-64; WRB 33,
f. 3-25-66; WRB 37, f. 12-21-66; WRB 41, f. 10-14-69; WRD 3-1981, f. & cert.
ef. 5-12-9-81; WRD 11-1982, f. & cert. ef. 9-27-82; WRD 5-1983, f. & cert.,
ef. 8-19-83; WRD 6-1983, f. & cert. ef. 10-19-83; WRD 3-1984, f. & cert.
ef. 7-5-84; WRD 3-1989, f. & cert. ef. 2-9-89; Upper Rogue River Basin: WRB
27, f. 5-11-64; Little Butte Creek Basin: WRB 33, f. 3-25-66; Bear Creek Basin:
WRB 37, f. 12-21-66); Administrative Renumbering 1-1993, Renumbered from 690-080-0150;
WRD 3-2012, f. & cert. ef. 12-12-12
690-515-0020
Bear Creek
Basin
(1) Classifications:
(a) In accordance
with the Order of the State Engineer dated January 22, 1959 (Special Order Vol 9,
Page 489), the waters of Bear Creek and its tributaries are withdrawn from further
appropriation except for storage of water from November 1 through March 30 and the
appropriation of stored water;
(b) No applications
for appropriation of water shall be approved except for beneficial uses involving
water legally stored in excess of the amount necessary for existing rights;
(c) Structures
or works for the 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 applicable provisions of ORS
536.310 and any such structures or works are further declared to be prejudicial
to the public interest which do not give proper cognizance to the multiple-purpose
concept.
(2) Water
Quality: Rights to use of water for industrial or mining purposes granted by any
state agency shall be issued only on condition that any effluents or return flows
from such uses shall not significantly interfere with recreational, fish life, or
other beneficial uses of water.
(3) Power
Development: Rights to use of water for power development purposes shall be issued
only on the condition, as demonstrated by the applicant, that any dams, diversions,
generating facility, or return flows shall not significantly interfere with recreational,
fish life or other beneficial uses of water.
(4) Storage:
(a) Potential
reservoir sites should be identified in the comprehensive land-use planning process
for possible future development or until alternative methods of meeting water needs
have been developed. Immediate consideration should be given to the following sites:
(A) Walker
Creek, NE 1/4 Section 12, Township 39 South, Range 1 East, Willamette Meridian;
(B) West
Fork Ashland Creek (Winburn site), NE 1/4 Section 32, Township 39 South, Range 1
East, Willamette Meridian;
(C) West
Fork Ashland Creek (Ranger site), SW 1/4 Section 28, Township 39 South, Range 1
East, Willamette Meridian.
(b) Storage
projects consistent with the purposes of minimum perennial streamflows shall be
encouraged.
Stat. Auth.: ORS
536 & 537

Stats. Implemented:

Hist.: (Rogue
River Basin: WRB 4, f. 5-22-59; WRB 5, f. 10-12-59; WRB 27, f. 5-11-64; WRB 33,
f. 3-25-66; WRB 37, f. 12-21-66; WRB 41, f. 10-14-69; WRD 3-1981, f. & cert.
ef. 5-12-9-81; WRD 11-1982, f. & cert. ef. 9-27-82; WRD 5-1983, f. & cert.,
ef. 8-19-83; WRD 6-1983, f. & cert. ef. 10-19-83; WRD 3-1984, f. & cert.
ef. 7-5-84; WRD 3-1989, f. & cert. ef. 2-9-89; Upper Rogue River Basin: WRB
27, f. 5-11-64; Little Butte Creek Basin: WRB 33, f. 3-25-66; Bear Creek Basin:
WRB 37, f. 12-21-66); Administrative Renumbering 1-1993, Renumbered from 690-080-0150;
WRD 3-2012, f. & cert. ef. 12-12-12
690-515-0030
Applegate
River Basin
(1) Classifications:
(a) In accordance
with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the Applegate River
Basin are classified for domestic, livestock, municipal, irrigation, agricultural
use, power development, industrial, mining, recreation, wildlife and fish life,
with the following exceptions:
(A) The waters
of the following streams and tributaries are classified for domestic, livestock,
power development except for those streams listed in paragraph (C) of this subsection,
irrigation of noncommercial gardens not to exceed 1/2 acre in area, and instream
use for recreation, fish life and wildlife, except for the use of stored water.
Water diverted for storage between November 1 and March 31 may be used for any purpose
specified in subsection (a) of this section:
(i) Palmer
Creek;
(ii) Beaver
Creek;
(iii) Little
Applegate River;
(iv) Forest
Creek;
(v) Williams
Creek;
(vi) Cheney
Creek;
(vii) Slate
Creek.
(B) The waters
of Thompson Creek and tributaries are classified for domestic, livestock and instream
use for recreation, fish life and wildlife, except for the use of stored water.
Water diverted for storage between November 1 and March 31 may be used for purposes
specified in subsection (a) of this section;
(C) To protect,
maintain and perpetuate anadromous fish habitat and propagation, the waters of the
following stream reaches shall not be diverted, interrupted or appropriated for
hydropower development purposes:
(i) Palmer
Creek from the confluence with Bailey Gulch downstream to the mouth;
(ii) Beaver
Creek from the intersection with the east line of Section 11, Township 40 South,
Range 3 West, Willamette Meridian, to the mouth;
(iii) Little
Applegate River Subbasin:
(I) Little
Applegate River from the confluence with Lake Creek downstream to the mouth;
(II) Glade
Creek from the confluence with Mule Gulch downstream to the mouth;
(III) Yale
Creek from the intersection with the east line of Section 22, Township 40 South,
Range 2 West, Willamette Meridian, to the mouth;
(IV) Sterling
Creek from the intersection with the east line of Section 8, Township 39 South,
Range 2 West, Willamette Meridian, to the mouth.
(iv) Forest
Creek from the intersection with the north line of Section 15, Township 38 South,
Range 3 West, Willamette Meridian, to the mouth;
(v) Thompson
Creek from the intersection with the south line of Section 24, Township 39 South,
Range 5 West, Willamette Meridian, to the mouth and the tributary of Ninemile Creek
from the intersection with the east line of Section 30, Township 39 South, Range
4 West, Willamette Meridian, to the mouth;
(vi) Williams
Creek Subbasin:
(I) Williams
Creek from the confluence with the East Fork and West Fork of Williams Creek downstream
to the mouth;
(II) East
Fork Williams Creek from the first intersection with the east line of Section 26,
Township 39 South, Range 5 West, Willamette Meridian, to the mouth and the tributary
of Rock Creek from the confluence with Horsetail Creek downstream to the mouth;
(III) West
Fork Williams Creek from the confluence with Right Hand Fork of the West For, Williams
Creek downstream to the mouth;
(IV) Right
Hand Fork of the West Fork Williams Creek from the intersection with the south line
of Section 13, Township 39 South, Range 6 West, Willamette Meridian, to the confluence
of the West Fork Williams Creek;
(V) Bill
Creek from the confluence with Bear Wallow Creek downstream to the mouth;
(VI) Munger
Creek from the confluence with North Fork Munger Creek downstream to the mouth;
(VII) Powell
Creek from the intersection with the west line of Section 167, Township 38 South,
Range 5 West, Willamette Meridian, to the mouth.
(vii) Cheney
Creek from the intersection with the south line of Section 22, Township 37 South,
Range 7 West, Willamette Meridian, to the mouth and the tributary of Little Cheney
Creek from the intersection with the south line of Section 18, Township 37 South,
Range 6 West, Willamette Meridian, to the mouth;
(viii) Slate
Creek Subbasin:
(I) Slate
Creek from the intersection with the north line of Section 1, Township 37 South,
Range 8 West, Willamette Meridian, to the mouth;
(II) Ramsey
Creek from the intersection with the north line of Section 13, Township 37 South,
Range 8 West, Willamette Meridian, to the mouth;
(III) Butcherknife
Creek from the intersection with the west line of Section 18, Township 37 South,
Range 7 West, Willamette Meridian, to the mouth;
(IV) Waters
Creek from the intersection with the west line of Section 32, Township 36 South,
Range 7 West, Willamette Meridian, to the mouth;
(V) The entire
length of Bear Creek;
(VI) Salt
Creek from the intersection with the north line of Section 8, Township 37 South,
Range 7 West, Willamette Meridian, to the mouth;
(VII) Elliott
Creek from the intersection with the south line of Section 15, Township 37 South,
Range 7 West, Willamette Meridian, to the mouth;
(VIII) Round
Prairie Creek from the intersection with the north line of Section 3, Township 37
South, Range 7 West, Willamette Meridian, to the mouth and the tributary of South
Fork Round Prairie Creek from the intersection with the west line of Section 2,
Township 37 South, Range 7 West, Willamette Meridian, to the mouth.
(b) Structures
or works for the 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 applicable provisions of ORS
536.310 and any such structures or works are further declared to be prejudicial
to the public interest which do not give proper cognizance to the multiple-purpose
concept.
(2) Storage:
(a) Storage
projects consistent with the purposes of minimum perennial streamflows shall be
encouraged;
(b) Reservoir
sites should be protected through the comprehensive land-use planning process for
possible further development or until alternative methods of meeting water needs
have been developed. Immediate concern should be given to the following sites as
delineated on Water Resources Department map file number 15B.4, Plate 4:
(A) Little
Applegate River, site 26;
(B) Waters
Creek, site 112;
(C) Elliott
Creek, site 110.
(3) Minimum
Perennials Streamflows:
(a) For the
purpose of maintaining a minimum perennial streamflow sufficient to support aquatic
life, and of attaining the highest and best use of waters released from storage,
no appropriations of water except for domestic, livestock and irrigation of noncommercial
gardens not to exceed 1/2 acre in area or waters legally released from storage shall
be granted for the waters of the Applegate River or its tributaries for flows below
the specified levels in Table 3, Section A;
(b)(A) To
support aquatic life and minimize pollution in accordance with Section 3, Chapter
796, Oregon Laws 1983, no appropriations of water shall be granted for the waters
of Williams Creek and Thompson Creek and tributaries for flows below the specified
levels in Table 3, Section B. This limitation shall not apply to:
(i) Domestic
and livestock uses. Domestic use does not include irrigation of lawns and gardens;
(ii) Water
legally stored or released from storage, subject to paragraph (1)(a)(C) of this
rule.
(B) Attainment
of the specified flow levels during some portions of the year will require development
of water storage or implementation of other measures to augment flows.
(4) Water
Quality: Rights to use of water for industrial or mining purposes granted by any
state agency shall be issued only on condition that any effluents or return flows
from such uses shall not interfere with recreational, fish life, or other beneficial
uses of water.
[ED. NOTE: Tables
referenced are available from the agency.]
Stat. Auth.:
ORS 536 & 537

Stats. Implemented:

Hist.: (Rogue
River Basin: WRB 4, f. 5-22-59; WRB 5, f. 10-12-59; WRB 27, f. 5-11-64; WRB 33,
f. 3-25-66; WRB 37, f. 12-21-66; WRB 41, f. 10-14-69; WRD 3-1981, f. & cert.
ef. 5-12-9-81; WRD 11-1982, f. & cert. ef. 9-27-82; WRD 5-1983, f. & cert.,
ef. 8-19-83; WRD 6-1983, f. & cert. ef. 10-19-83; WRD 3-1984, f. & cert.
ef. 7-5-84; WRD 3-1989, f. & cert. ef. 2-9-89; Upper Rogue River Basin: WRB
27, f. 5-11-64; Little Butte Creek Basin: WRB 33, f. 3-25-66; Bear Creek Basin:
WRB 37, f. 12-21-66); Administrative Renumbering 1-1993, Renumbered from 690-080-0150;
WRD 3-2012, f. & cert. ef. 12-12-12
690-515-0040
Middle Rogue
Basin
(1) Classifications:
(a) In accordance
with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the Middle Rogue
River are classified for domestic, livestock, municipal, irrigation, agricultural
use, power development, industrial, mining, recreation, wildlife and fish life,
with the following exceptions:
(A) The waters
within the Rogue River Scenic Waterway from the confluence with the Applegate River
near river mile 95 to Lobster Creek Bridge near river mile 11 are classified for
domestic, livestock, and irrigation of one-half acre noncommercial garden, and instream
use for recreation, wildlife and fish life;
(B) Those
waters on which development is further restricted by ORS 542.210;
(C) In accordance
with ORS 538.270, the waters of the main channel of the Rogue River (excluding tributaries)
from its intersection with the south line of Section 27, T33S, R1E, W.M. to its
confluence with the Pacific Ocean, are withdrawn from appropriation for any purpose
except domestic, stock, irrigation, municipal, fish, wildlife, recreation, and road
maintenance;
(D) The waters
of the following streams and tributaries are classified only for domestic use, livestock
consumption and instream use for recreation, fish life and wildlife, except for
the use of stored water. Water diverted for storage between November 1 and March
31 may be used for any purpose specified in subsection (a) of this section. Domestic
use does not include irrigation of lawns and gardens:
(i) Galls
Creek;
(ii) Foots
Creek;
(iii) Birdseye
Creek;
(iv) Sardine
Creek;
(v) Same
Creek;
(vi) Kane
Creek;
(vii) Fruitdale
Creek;
(viii) Ward
Creek;
(ix) Gilbert
Creek;
(x) Jones
Creek;
(xi) Savage
Creek.
(E) The waters
of the following streams and tributaries, are classified only for domestic, livestock
and irrigation of one-half acre noncommercial garden and instream use for recreation,
fish life and wildlife, except for the use of stored water. Water diverted for storage
between November 1 and March 31 may be used for any purpose specified in subsection
(a) of this section:
(i) Pickett
Creek;
(ii) Limpy
Creek;
(iii) Snider
Creek;
(iv) Shan
Creek.
(F) The waters
of the following streams and tributaries, are classified only for domestic, livestock,
irrigation of one-half acre noncommercial garden, mining during the period November
1 to May 1, power development and instream use for recreation, fish life and wildlife,
except for the use of stored water. Water diverted for storage between November
1 and March 31 may be used for any purpose specified in subsection (a) of this section:
(i) Grave
Creek;
(ii) Evans
Creek.
(G) The waters
of Jumpoff Joe Creek and tributaries are classified only for domestic, livestock,
irrigation of one-half acre noncommercial garden, industrial, mining during the
period November 1 to May 1, power development and instream use for recreation, fish
life and wildlife, except for the use of stored water. Water diverted for storage
between November 1 and March 31 may be used for any purpose specified in subsection
(a) of this section;
(H) To protect,
maintain and perpetuate anadromous fish habitat and propagation within the Middle
Rogue Basin, the waters of the following stream reaches shall not be diverted, interrupted
or appropriated for hydropower development purposes:
(i) Galice
Creek from the intersection with the south line of Section 10, Township 35 South,
Range 8 West, Willamette Meridian, downstream to the mouth;
(ii) North
Fork Galice Creek from the intersection with the west line of Section 5, Township
35 South, Range 8 West, Willamette Meridian, downstream to the mouth;
(iii) Taylor
Creek from the intersection with the east line of Section 34, Township 35 South,
Range 8 West, Willamette Meridian, downstream to the mouth;
(iv) South
Fork Taylor Creek from the intersection with the south line of Section 28, Township
35 South, Range 8 West, Willamette Meridian, downstream to the mouth;
(v) Lone
Tree Creek from the intersection with the north line of Section 32, Township 35
South, Range 8 West, Willamette Meridian, downstream to the mouth;
(vi) Minnow
Creek from the intersection with the south line of Section 34, Township 35 South,
Range 8 West, Willamette Meridian, downstream to the mouth.
(b) Structures
or works for the 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 applicable provisions of ORS
536.310 and any such structures or works are further declared to be prejudicial
to the public interest which do not give proper cognizance to the multiple-purpose
concept.
(2) Storage:
(a) Storage
projects consistent with the purposes of minimum perennial streamflows shall be
encouraged;
(b) Potential
reservoir sites should be identified in the comprehensive land-use planning process
for possible future development or until alternative methods of meeting water needs
have been developed. Immediate consideration should be given to the following sites:
(A) Grave
Creek, SE 1/4, Section 6, Township 34 South, Range 4 West, Willamette Meridian;
(B) Jumpoff
Joe Creek, NE 1/4, Section 36, Township 34 South, Range 6 West, Willamette Meridian;
(C) Evans
Creek, SE 1/4, Section 19, Township 34 South, Range 2 West, Willamette Meridian;
(D) West
Fork Evans Creek, SE 1/4 Section 32, Township 33 South, Range 3 West, Willamette
Meridian.
(3) Minimum
Perennial Streamflows:
(a) For the
purpose of maintaining a minimum perennial streamflow sufficient to support aquatic
life and minimize pollution, no appropriations of water shall be granted for the
waters of the Rogue River or tributaries above Raygold for flows of the Rogue River
below 1200 cubic feet per second, except that this limitation shall not apply to:
(A) Waters
legally stored or legally released from storage;
(B) Domestic
and livestock uses. Domestic use does not include irrigation of lawns and gardens.
(b) For the
purpose of maintaining a minimum perennial streamflow sufficient to support aquatic
life and minimize pollution, no appropriations of water shall be granted for the
waters of the Rogue River or tributaries above Savage Rapids Dam for flows of the
Rogue River below 1,200 cubic feet per second, except that this limitation shall
not apply to:
(A) Water
legally stored or legally released from storage;
(B) Domestic
and livestock uses. Domestic use does not include irrigation of lawns and gardens.
(c) For the
purpose of maintaining a minimum perennial streamflow sufficient to support aquatic
life and minimize pollution, no appropriations of water except for domestic or livestock
use shall be granted, except that this limitation shall not apply to water legally
stored or legally released from storage, for the waters of the Rogue River tributaries
listed in Table 4, Section B when flows are below the specified levels. Domestic
use does not include irrigation of lawns and gardens;
(d)(A) To
support aquatic life and minimize pollution in accordance with Section 3, Chapter
796, Oregon Laws 1983, no appropriations of water shall be granted for the waters
of the Rogue River tributaries listed in Table 4, Section C when flows are below
the levels specified. This limitation shall not apply to:
(i) Domestic
and livestock uses. Domestic use does not include the irrigation of lawns and gardens;
(ii) Water
legally stored or released from storage subject to the provisions of subsection
(2)(a) of this rule.
(B) Attainment
of the specified flow levels during some portions of the year will require development
of water storage or implementation of other measures to augment flows.
(4) Water
Quality: Rights to use of water for industrial, power development, or mining purposes
granted by any state agency shall be issued only on condition that any effluents
or return flows from such uses shall not significantly interfere with recreational,
fish life or other beneficial uses of water.
[ED. NOTE: Tables
referenced are available from the agency.]
Stat. Auth.:
ORS 536 & 537

Stats. Implemented:

Hist.: (Rogue
River Basin: WRB 4, f. 5-22-59; WRB 5, f. 10-12-59; WRB 27, f. 5-11-64; WRB 33,
f. 3-25-66; WRB 37, f. 12-21-66; WRB 41, f. 10-14-69; WRD 3-1981, f. & cert.
ef. 5-12-9-81; WRD 11-1982, f. & cert. ef. 9-27-82; WRD 5-1983, f. & cert.,
ef. 8-19-83; WRD 6-1983, f. & cert. ef. 10-19-83; WRD 3-1984, f. & cert.
ef. 7-5-84; WRD 3-1989, f. & cert. ef. 2-9-89; Upper Rogue River Basin: WRB
27, f. 5-11-64; Little Butte Creek Basin: WRB 33, f. 3-25-66; Bear Creek Basin:
WRB 37, f. 12-21-66); Administrative Renumbering 1-1993, Renumbered from 690-080-0150;
WRD 3-2012, f. & cert. ef. 12-12-12
690-515-0050
Illinois
Basin
(1) Classifications:
(a) In accordance
with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the Illinois River
Basin are classified for domestic, livestock, municipal, irrigation, agricultural
use, power development, industrial, mining, recreation, wildlife and fish life uses
including propagation, with the following exceptions:
(A) The waters
within the Illinois River Scenic Waterway from the confluence with Deer Creek near
river mile 47 to the confluence with the Rogue River are classified only for domestic
and livestock uses and instream use for recreation, wildlife and fish life;
(B) The waters
of the following streams and all tributaries are classified only for domestic, livestock,
agricultural use, municipal, industrial, power development except for those streams
listed in paragraph (C) of this subsection, mining use during the period November
1 to May 1, fish propagation, irrigation use for noncommercial gardens not exceeding
one-half acre in area, and instream use for recreation, fish life and wildlife.
Water stored between November 1 and March 1 may be used for purposes specified in
subsection (a) of this section:
(i) Deer
Creek;
(ii) East
Fork Illinois River, except Althouse and Sucker Creeks and their tributaries;
(iii) West
Fork Illinois River.
(C) The waters
of Althouse and Sucker Creeks and tributaries are classified only for domestic,
livestock and non-consumptive instream uses for fish life, wildlife and recreation
between May 1 and November 30. Althouse and Sucker Creeks and tributaries are classified
for domestic, livestock, mining (subject to Division 51 restrictions and except
for those streams listed in paragraph (D) of this subsection), storage, and instream
uses for fish life, wildlife and recreation between December 1 and April 30. Water
diverted for storage between December 1 and April 30 may be used for any beneficial
purpose. Permits shall be conditioned to prevent obstacles to fish migration and
degradation of rearing or spawning habitat;
(D) To protect,
maintain and perpetuate anadromous fish habitat and propagation, the waters of the
following stream reaches shall not be diverted, interrupted or appropriated for
hydropower development purposes:
(i) West
Fork Illinois River Subbasin:
(I) West
Fork Illinois River from the confluence with Whiskey Creek downstream to the mouth;
(II) Whiskey
Creek from the intersection with the west line of Section 8, Township 41 South,
Range 9 West, Willamette Meridian, to the mouth;
(III) Elk
Creek from the Oregon-California border downstream to the mouth;
(IV) Trapper
Gulch from the intersection with the east line of Section 13, Township 41 South,
Range 9 West, Willamette Meridian, to the mouth;
(V) Dwight
Creek from the Oregon-California border downstream to the mouth;
(VI) Wood
Creek from the potential reservoir site in SE 1/4 of NW 1/4 of Section 32, Township
40 South, Range 8 West, Willamette Meridian, to the mouth and the tributary of Fry
Gulch from the intersection with the east line of Section 29, Township 40 South,
Range 8 West, Willamette Meridian, to the mouth;
(VII) Rough
and Ready Creek from the confluence with the North and South forks downstream to
the mouth;
(VIII) North
Fork Rough and Ready Creek from the intersection with the west line of Section 8,
Township 40 South, Range 9 West, Willamette Meridian, to the mouth;
(IX) South
Fork Rough and Ready Creek from the intersection with the west line of Section 20,
Township 40 South, Range 9 West, Willamette Meridian, to the mouth.
(X) Mendenhall
Creek from the intersection with the west line of Section 6, Township 40 South,
Range 8 West, Willamette Meridian, to the mouth and the tributary of Parker Creek
from the intersection with the west line of Section 7, Township 40 South, Range
8 West, Willamette Meridian, to the mouth;
(XI) Woodcock
Creek from the intersection with the west line of Section 32, Township 39 South,
Range 8 West, Willamette Meridian, to the mouth.
(ii) East
Fork Illinois River Subbasin:
(I) East
Fork Illinois River from the Oregon-California border downstream to the mouth;
(II) Page
Creek from the intersection with the east line of Section 2, Township 41 South,
Range 8 West, Willamette Meridian, to the mouth;
(III) Elder
Creek from the intersection with the east line of Section 26, Township 40 South,
Range 8 West, Willamette Meridian, to the mouth;
(IV) Althouse
Creek from the potential reservoir site in SW 1/4 of SW 1/4 of Section 4, Township
40 South, Range 7 West, Willamette Meridian, to the mouth;
(V) Sucker
Creek from the potential reservoir site in NE 1/4 of Section 25, Township 39 South,
Range 7 West, Willamette Meridian, to the mouth;
(VI) Little
Grayback Creek from the intersection with the south line of Section 13, Township
39 South, Range 7 West, Willamette Meridian, to the mouth;
(VII) Bear
Creek from the intersection with the north line of Section 21, Township 39 South,
Range 7 West, Willamette Meridian, to the mouth;
(VIII) Chapman
Creek from the confluence with East Fork Chapman Creek downstream to the mouth.
(iii) Holton
Creek from the intersection with the east line of Section 10, Township 39 South,
Range 8 West, Willamette Meridian, to the mouth;
(iv) Reeves
Creek from the intersection with the east line of Section 34, Township 38 South,
Range 8 West, Willamette Meridian, to the mouth;
(v) Josephine
Creek from the intersection with the west line of Section 26, Township 39 South,
Range 9 West, Willamette Meridian, to the mouth and the tributary of Canyon Creek
from the confluence with Sebastopol Creek downstream to the mouth;
(vi) Deer
Creek Subbasin:
(I) Deer
Creek from the confluence with North Fork and South Fork Deer Creek downstream to
the mouth;
(II) South
Fork Deer Creek from the intersection with the south line of Section 29, Township
38 South, Range 6 West, Willamette Meridian, to the mouth;
(III) North
Fork Deer Creek from the intersection with the north line of Section 18, Township
38 South, Range 6 West, Willamette Meridian, to the mouth;
(IV) White
Creek from the intersection with the south line of Section 13, Township 38 South,
Range 7 West, Willamette Meridian, to the mouth;
(V) Crooks
Creek from the intersection with the east line of Section 34, Township 37 South,
Range 7 West, Willamette Meridian, to the mouth;
(VI) Thompson
Creek from the confluence with Haven Creek downstream to the mouth;
(VII) Draper
Creek from the intersection with the east line of Section 31, Township 37 South,
Range 7 West, Willamette Meridian, to the mouth;
(VIII) Clear
Creek from the intersection with the west line of Section 23, Township 37 South,
Range 8 West, Willamette Meridian, to the mouth and the tributary of Anderson Creek
from the intersection with the north line of Section 35, Township 37 South, Range
8 West, Willamette Meridian, to the mouth.
(vii) Sixmile
Creek from the intersection with the north line of Section 25, Township 37 South,
Range 9 West, Willamette Meridian, to the mouth;
(viii) Fall
Creek from the intersection with the south line of Section 4, Township 38 South,
Range 9 West, Willamette Meridian, to the mouth;
(ix) Rancherie
Creek from the intersection with the wets line of Section 17, Township 38 South,
Range 9 West, Willamette Meridian, to the mouth;
(x) Dailey
Creek from the intersection with the west line of Section 31, Township 37 South,
Range 9 West, Willamette Meridian, to the mouth;
(xi) Briggs
Creek Subbasin:
(I) The entire
mainstem of Briggs Creek;
(II) Horse
Creek from the intersection with the east line of Section 8, Township 36 South,
Range 8 West, Willamette Meridian, to the mouth;
(III) Myers
Creek from the confluence with Dutchy Creek downstream to the mouth and the tributary
of Dutchy Creek from the intersection with the north line of Section 7, Township
36 South, Range 8 West, Willamette Meridian, to the mouth;
(IV) Brush
Creek from the intersection with the north line of Section 18, Township 36 South,
Range 8 West, Willamette Meridian, to the mouth;
(V) Secret
Creek from the intersection with the east line of Section 16, Township 36 South,
Range 8 West, Willamette Meridian, to the mouth;
(VI) Onion
Creek from the intersection with the south line of Section 29, Township 36 South,
Range 8 West, Willamette Meridian, to the mouth;
(VII) Swede
Creek from the intersection with the east line of Section 1, Township 37 South,
Range 9 West, Willamette Meridian, to the mouth;
(VIII) Soldier
Creek from the confluence with Horse Creek downstream to the mouth and the tributary
of Horse Creek from the intersection with the east line of Section 11, Township
37 South, Range 9 West, Willamette Meridian, to the mouth.
(xii) Panther
Creek from the intersection with the north line of Section 31, Township 36 South,
Range 9 West, Willamette Meridian, to the mouth;
(xiii) Labrador
Creek from the intersection with the south line of Section 12, Township 37 South,
Range 10 West, Willamette Meridian, to the mouth;
(xiv) Nome
Creek from the intersection with the south line of Section 12, Township 37 South,
Range 10 West, Willamette Meridian, to the mouth;
(xv) Clear
Creek from the intersection with the east line of Section 35, Township 36 South,
Range 10 West, Willamette Meridian, to the mouth;
(xvi) Pine
Creek from the first intersection with the east line of Section 27, Township 36
South, Range 10 West, Willamette Meridian, to the mouth;
(xvii) Klondike
Creek from the intersection with the south line of Section 10, Township 36 South,
Range 10 West, Willamette Meridian, to the mouth and the tributary of Yukon Creek
from the intersection with the south line of Section 5, Township 37 South, Range
10 West, Willamette Meridian, to the mouth;
(xviii) Collier
Creek from the intersection with the west line of Section 7, Township 37 South,
Range 11 West (projected), Willamette Meridian, to the mouth;
(xix) Silver
Creek Subbasin:
(I) Silver
Creek from the confluence with South Fork Silver Creek downstream to the mouth;
(II) South
Fork Silver Creek from the intersection with the east line of Section 21, Township
36 South, Range 10 West, Willamette Meridian, to the mouth;
(III) North
Fork Silver Creek from the intersection with the east line of Section 18, Township
35 South, Range 9 West, Willamette Meridian, to the mouth.
(xx) Indigo
Creek from the intersection with the east line of Section 31, Township 35 South,
Range 10-1/2 West, Willamette Meridian, to the mouth and the tributary of North
Fork Indigo Creek from the intersection with the north line of Section 34, Township
35 South, Range 11 West, Willamette Meridian, to the mouth;
(xxi) Horse
Sign Creek from the intersection with the south line of Section 7, Township 36 South,
Range 11 West, Willamette Meridian, to the mouth;
(xxii) Lawson
Creek from the intersection with the west line of Section 2, Township 36 South,
Range 12 West (projected), Willamette Meridian, to the mouth;
(xxiii) Fox
Creek from the intersection with the south line of Section 19, Township 35 South,
Range 11 West, Willamette Meridian, to the mouth.
(E) The waters
of the mainstem Illinois River from the confluence of the East and West Forks Illinois
River downstream to the confluence with Deer Creek near river mile 47 are classified
only for domestic, livestock and agricultural uses, fish propagation, irrigation
use for noncommercial gardens not exceeding one-half acre in area and instream use
for recreation, fish life and wildlife during the period July 1 to October 31. Water
diverted for storage between November 1 and March 31 may be used for purposes specified
in subsection (a) of this section.
(b) Structures
or works for the 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 applicable provisions of ORS
536.310 and any such structures or works are further declared to be prejudicial
to the public interest which do not give proper cognizance to the multiple-purpose
concept.
(2) Storage:
(a) Storage
projects consistent with the purposes of minimum flows shall be encouraged;
(b) Potential
reservoir sites should be identified through the comprehensive land-use planning
process for possible future development or until alternative methods of meeting
water needs have been developed. Immediate concern should be given to the following
sites:
(A) Wood
Creek, SE 1/4 NW 1/4 Section 32, Township 40 South, Range 8 West, Willamette Meridian;
(B) Sucker
Creek, NE 1/4 Section 25, Township 39 South, Range 7 West, Willamette Meridian;
(C) Upper
Althouse Creek, SW 1/4 SW 1/4 Section 4, Township 40 South, Range 7 West, Willamette
Meridian.
(3) Minimum
Perennial Streamflows:
(a) For the
purpose of maintaining a minimum perennial streamflow sufficient to support aquatic
life and minimize pollution, no appropriations of water except for domestic and
livestock use shall be granted, except that his limitation shall not apply to water
legally stored or legally released from storage, for the waters of the Illinois
River or the tributaries above the confluence with the Rogue River for flows of
the Illinois River at the mouth below 80 cubic feet per second and when flows are
below the specified levels listed in Table 5, Section A. Domestic use does not include
irrigation of lawn and garden;
(b)(A) To
support aquatic life and minimize pollution, in accordance with Section 3, Chapter
796, Oregon Laws 1983, no appropriations of water shall be granted, for the waters
of the following Illinois River tributaries listed in Table 5, Section B when flows
are below the specified levels. This limitation shall not apply to:
(i) Domestic
and livestock use. Domestic use does not include irrigation of lawns and gardens;
(ii) Water
legally stored or released from storage subject to provisions of section A5.
(B) Attainment
of the specified flow levels during some portion of the year will require development
of water storage or implementation of other measures to augment flows.
(4) Water
Quality: Rights to use of water for industrial, power development, or mining purposes
granted by any state agency shall be issued only on condition that any effluents
or return flows from such uses shall not interfere with recreational, fish life,
or other beneficial uses of water.
[ED. NOTE: Tables
referenced are available from the agency.]
Stat. Auth.:
ORS 536 & 537

Stats. Implemented:

Hist.: (Rogue
River Basin: WRB 4, f. 5-22-59; WRB 5, f. 10-12-59; WRB 27, f. 5-11-64; WRB 33,
f. 3-25-66; WRB 37, f. 12-21-66; WRB 41, f. 10-14-69; WRD 3-1981, f. & cert.
ef. 5-12-9-81; WRD 11-1982, f. & cert. ef. 9-27-82; WRD 5-1983, f. & cert.,
ef. 8-19-83; WRD 6-1983, f. & cert. ef. 10-19-83; WRD 3-1984, f. & cert.
ef. 7-5-84; WRD 3-1989, f. & cert. ef. 2-9-89; Upper Rogue River Basin: WRB
27, f. 5-11-64; Little Butte Creek Basin: WRB 33, f. 3-25-66; Bear Creek Basin:
WRB 37, f. 12-21-66); Administrative Renumbering 1-1993, Renumbered from 690-080-0150;
WRD 3-2012, f. & cert. ef. 12-12-12
690-515-0060
Lower Rogue Basin
(1) Classifications:
(a) In accordance
with ORS 536.220, 536.300, 536.310 and 536.340, the waters of the Lower Rogue River
Basin are classified for domestic, livestock, municipal, irrigation, agricultural
use, power development, industrial, mining, recreation, wildlife, and fish life,
with the following exceptions:
(A) The waters
within the Rogue River Scenic Waterway from the confluence with Applegate River
near river mile 95 to Lobster Creek Bridge near river mile 11 are classified for
domestic, livestock, and irrigation of one-half acre noncommercial garden, and instream
use for recreation, wildlife and fish life;
(B) Those
waters on which development is further restricted by ORS 542.210;
(C) In accordance
with ORS 538.270, the waters of the main channel of the Rogue River (excluding tributaries)
from its intersection with the south line of Section 27, T33S, R1E, W.M. to its
confluence with the Pacific Ocean, are withdrawn from appropriation for any purpose
except domestic, stock, irrigation, municipal, fish, wildlife, recreation, and road
maintenance;
(D) To protect,
maintain and perpetuate anadromous fish habitat and propagation within the Lower
Rogue Basin, the waters of the following stream reaches of tributaries to the Rogue
River shall not be diverted, interrupted or appropriated for hydropower development
purposes:
(i) Lobster
Creek from the confluence of the North and South Forks of Lobster Creek, downstream
to the mouth;
(ii) North
Fork Lobster Creek from the intersection with the east line of Section 15, Township
34 South, Range 13 West, Willamette Meridian, downstream to the mouth;
(iii) South
Fork Lobster Creek from the intersection with the east line of Section 30, Township
34 South, Range 12 West, Willamette Meridian, downstream to the mouth;
(iv) Shasta
Costa Creek from the intersection with the east line of Section 35, Township 34
South, Range 11 West, Willamette Meridian, downstream to the mouth;
(v) Foster
Creek from the intersection with the west line of Section 12, Township 34 South,
Range 12 West, Willamette Meridian, downstream to the mouth;
(vi) Quosatana
Creek from the intersection with the projected south line of Section 23, Township
36 South, Range 13 West, Willamette Meridian, downstream to the mouth;
(vii) Jim
Hunt Creek from the intersection with the south line of Section 14, Township 36
South, Range 14 West, Willamette Meridian, downstream to the mouth;
(viii) Mule
Creek from the intersection with the east line of Section 26, Township 32 South,
Range 10 West, Willamette Meridian, downstream to the mouth.
(b) Structures
or works for the 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 applicable provisions of ORS
536.310 and any such structures or works are further declared to be prejudicial
to the public interest which do not give proper cognizance to the multiple-purpose
concept.
(2) Minimum
Perennial Streamflows: For the purpose of maintaining minimum perennial streamflow
sufficient to support aquatic life and minimize pollution, no appropriations of
water shall be granted for the waters of the Rogue River or the tributaries above
the mouth for flows of the Rogue River at the mouth below 935 cubic feet per second,
except that this limitation shall not apply to:
(a) Water
legally stored or legally released from storage;
(b) Domestic
and livestock uses. Domestic use does not include irrigation of lawns and gardens.
(3) Water
Quality: Rights to use of water for industrial, power development or mining purposes
granted by any state agency shall be issued only on condition that any effluents
or return flows from such uses shall not significantly interfere with recreational,
fish life, or other beneficial uses of water.
Stat. Auth.: ORS
536 & 537

Stats. Implemented:

Hist.: (Rogue
River Basin: WRB 4, f. 5-22-59; WRB 5, f. 10-12-59; WRB 27, f. 5-11-64; WRB 33,
f. 3-25-66; WRB 37, f. 12-21-66; WRB 41, f. 10-14-69; WRD 3-1981, f. & cert.
ef. 5-12-9-81; WRD 11-1982, f. & cert. ef. 9-27-82; WRD 5-1983, f. & cert.,
ef. 8-19-83; WRD 6-1983, f. & cert. ef. 10-19-83; WRD 3-1984, f. & cert.
ef. 7-5-84; WRD 3-1989, f. & cert. ef. 2-9-89; Upper Rogue River Basin: WRB
27, f. 5-11-64; Little Butte Creek Basin: WRB 33, f. 3-25-66; Bear Creek Basin:
WRB 37, f. 12-21-66); Administrative Renumbering 1-1993, Renumbered from 690-080-0150;
WRD 3-2012, f. & cert. ef. 12-12-12

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
Read Entire Law on arcweb.sos.state.or.us