[Note: The amended beneficial uses designated in this rule, adopted by the Environmental Quality Commission on November 16, 2023, are not applicable for Clean Water Act purposes until approved by the U.S. EPA. For applicable uses prior to EPA approval see "Beneficial Uses of Oregon's Waters" on DEQ's Water Quality Standards website (https://www.oregon.gov/deq/wq/Pages/WQ-Standards-Uses.aspx).]
(1) Water quality in the Owyhee Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 250A (November 2003).(2) Designated fish uses to be protected in the Owyhee Basin are shown in Figure 250A, 250B, and 250C (October 2023).(3) For purposes of applying the salmonid spawning criteria for active resident trout spawning areas as defined in OAR 340-041-0016 (1):(a) Salmonid spawning use, including resident trout spawning is designated for the locations and times shown on OAR 340-041-0250: Figure 250C.(b) In addition to the salmonid spawning areas shown on Figure 250C, DEQ will determine where additional active spawning areas used by resident trout occur as data becomes available. DEQ will identify additional spawning habitat and areas determined to be active resident trout spawning areas on a publicly available inventory until such time that the use determinations are incorporated into the designated use tables and maps in OAR 340-041. When resident trout spawning is determined to be an existing use based on the best available data and is added to the resident trout spawning inventory, DEQ will apply the spawning criteria for dissolved oxygen to protect the existing salmonid spawning use.[NOTE: View a PDF of Figures and Tables by clicking on "Tables" link below.]
Or. Admin. Code § 340-041-0250
DEQ 17-2003, f. & cert. ef. 12-9-03; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019; DEQ 27-2023, amend filed 12/21/2023, effective 12/21/2023Statutory/Other Authority: ORS 468.020, 468B.030, 468B.035 & 468B.048
Statutes/Other Implemented: ORS 468B.030, 468B.035 & 468B.048