Or. Admin. Code § 635-400-0000

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-400-0000 - Purpose

(1) These rules set the policy, procedures, criteria, standards, including flow methodologies, and definitions for instream water right applications by the Department of Fish and Wildlife to the Water Resources Department. Instream water rights provide for protection of public uses as defined in OAR 635-400-0010. These rules provide for the Department of Fish and Wildlife to apply for instream water rights for the conservation, maintenance and enhancement of aquatic and fish life, wildlife, and fish and wildlife habitat. The rules set out: the internal procedures for application for and coordination of instream water rights, the criteria and standards for prioritizing waterways for application, the methodologies to be used in determining flow requirements and water surface elevations needed for the public uses, and the process assisting with transfers of regular water rights to instream water rights.

(2) In 1987, the Legislature created a new type of water right called an instream water right. Instream water rights are established by certificate from the Water Resources Commission, pursuant to ORS 537.332 to 537.360, to maintain and support public uses within natural water bodies. The instream water right is held in trust by the Water Resources Department but is regulated and enforced like all other water rights. The Water Resources Department's procedures for establishing instream water rights are OAR 690-077-0000 through 690-077-0100. The Department of Fish and Wildlife may apply for instream water rights on any waters of the state that meet the definition set out in ORS 537.332(1) and that provide for one or more of the public uses for which the Department is allowed to apply. Instream water rights allow the Department of Fish and Wildlife to manage fish and wildlife to provide the optimum recreational and aesthetic benefits for present and future generations of the citizens of this state.

FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Stat. Auth.: ORS Ch. 496 & 537

Stats. Implemented: ORS Ch. 496 & 53