As used in this Division:

1. (1) "Affected Local Government" means any local government, as defined in OAR 690-005-0015, within whose jurisdiction the diversion, conveyance, instream or out-of-stream use, or reservation of water is proposed or established.
2. (2) "Agency" means ODFW, DEQ and Parks.
3. (3) "Beneficial Use" has the same meaning as the term in OAR 690-300-0010.
4. (4) "Comment" means a written statement concerning a particular application. The comment may identify elements of the application which, in the opinion of the commenter, would conflict with an existing water right or would impair or be detrimental to the public interest.
5. (5) "Commission" means the Water Resources Commission.
6. (6) "Contested Case" has the same meaning as the term in OAR 690-300-0010.
7. (7) "DEQ" means the Department of Environmental Quality.
8. (8) "Department" means the Water Resources Department.
9. (9) "Director" means the director of the Water Resources Department.
10. (10) “District” means an irrigation district formed under ORS 545, a drainage district formed under ORS 547, a water improvement district formed under ORS 552, a water control district formed under ORS 553, or a corporation formed under ORS 554.
11. (11) “District Water User” means, for the purposes of instream leases involving a district, the owner of land who is subject to the charges or assessments of a district and from whose land the appurtenant water right would be leased instream.
12. (12) "Estimated Average Natural Flow" means average natural flow estimates, by month or half month, computed by the Department using sources including watermaster distribution records, Department measurement records, or application of appropriate available scientific and hydrologic technology.
13. (13) "Held in Trust by the Water Resources Department" means that the water right must be enforced and protected for the public uses listed in the water right. Actions by the Department affecting instream water rights are limited by public trust obligations.
14. (14) "Instream" as defined in ORS 537.332, means within the natural stream channel or lake bed or place where water naturally flows or occurs.
15. (15) "Instream flow" means the minimum quantity of water necessary to support the public use requested by an agency.
16. (16) “Instream lease” means the conversion of all or a portion of an existing water use subject to transfer to an instream water right for a specified time-period as authorized by ORS 537.348(2).
17. (17) “Instream transfer” means the conversion of all or a portion of an existing water use subject to transfer to an instream water right as authorized by ORS 537.348(1).
18. (18) "Instream Water Right" as defined in ORS 537.332, means a water right held in trust by the Water Resources Department for the benefit of the people of the state of Oregon to maintain water instream for public use. An instream water right does not require a diversion or any other means of physical control over the water.
19. (19) “Minimum Streamflow" also "minimum perennial streamflow," means an administrative rule provision adopted in a basin program by the Water Resources Commission or its predecessors to implement ORS 536.235 and 536.310(7) and support aquatic life, maintain recreation or minimize pollution.
20. (20) "Multipurpose Storage Project" means any storage project which is designed and operated to provide significant public benefits and provides for two or more beneficial uses and/or purposes.
21. (21) "ODFW" means the Oregon Department of Fish and Wildlife.
22. (22) "Parks" means the Oregon Parks and Recreation Department.
23. (23) "Pollution Abatement" means the use of water to dilute, transport or prevent pollution.
24. (24) "Protest" has the same meaning of the term in OAR 690-002-0010.
25. (25) "Public Benefit" as defined in ORS 537.332, means a benefit that accrues to the public at large rather than to a person, a small group of persons or to a private enterprise.

26. (26) "Public Use" as defined in ORS 537.332, includes but is not limited to:

    1. (a) Recreation;
    2. (b) Conservation, maintenance and enhancement of aquatic and fish life, wildlife, fish and wildlife habitat and any other ecological values;
    3. (c) Pollution abatement; or
    4. (d) Navigation.
27. (27) "Recreation" as a public use of water means any form of play relaxation, or amusement, mostly done during leisure, that occurs in or in conjunction with streams, lakes and reservoirs, including but not limited to boating, fishing, swimming, wading, and viewing scenic attractions.
28. (28) "Scenic Attraction" means a picturesque natural feature or setting of a lake or stream, including but not limited to waterfalls, rapids, pools, springs, wetlands and islands that create viewer interest, fascination, admiration or attention.
29. (29) “Secondary Water Right” means a water right to put water stored under a storage right to an out-of-reservoir beneficial use.
30. (30) "Split Season Use" means the exercise of a water right in the same season defined by the water right in the same calendar year for both the existing purpose of the water right and for an instream purpose, provided that water is not used for the existing purpose during the period in which the water is to be protected instream.

31. (31) “Time-Limited Instream Transfer” means an instream transfer authorized under ORS 537.348(1) that is not permanent and under which the water right will revert back to its original use:

    1. (a) Without further action by the Department at the end of the period of time specified in the final order approving the instream transfer; or
    2. (b) On a determination by the Department that other conditions, specified in the final order approving the instream transfer, for termination have been met.
32. (32) "Unappropriated Water Available" means water that exceeds the quantities required to meet existing water rights of record, minimum streamflows and instream water rights and for known and yet to be quantified Native American treaty rights.
33. (33) "Water Purveyor" means an entity including, but not limited to, a public utility, a mutual water company, a county service district, a water cooperative, or a municipality or quasi-municipality that delivers water to customers.
34. (34) “Water quality limited” has the meaning provided in the OAR 340-041-0002.

Statutory/Other Authority

ORS 197, ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.310, ORS 536.332, ORS 537.338, ORS 537.348 & ORS 537.356 - 537.358

Statutes/Other Implemented

ORS 537.332 - 537.360, ORS 540.505 & Or Laws 2025, ch 575

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96
WRD 5-1995(Temp), f. & cert. ef. 8-4-95
WRD 1-1995, f. & cert. ef. 2-14-95
WRD 9-1992, f. & cert. ef. 7-1-92
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88