[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. (1) Water quality in the Powder/Burnt Basins (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 260A (August 2005).
2. (2) Designated fish uses to be protected in the Powder/Burnt Basins are shown in Figure 260A, 260B, 260C and 260D (October 2023).

3. (3) For purposes of applying the salmonid spawning criteria for active resident trout spawning areas as defined in OAR 340-041-0016 (1):

   1. (a)  Salmonid spawning use, including resident trout spawning is designated for the locations and times shown on OAR 340-041-0260: Figure 260D.

   2. (b) In addition to the salmonid spawning areas shown on Figure 260D, 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 not found to be spawning habitat 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.]

      [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 468.020, 468B.030, 468B.035 & 468B.048

Statutes/Other Implemented

ORS 468B.030, 468B.035 & 468B.048

History

DEQ 27-2023, amend filed 12/21/2023, effective 12/21/2023
DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019
DEQ 2-2007, f. & cert. ef. 3-15-07
DEQ 17-2003, f. & cert. ef. 12-9-03