1. (1) Only ODFW, DEQ and Parks are authorized to submit applications to the Department to establish instream water rights. Applications may be submitted at any time.
2. (2) To promote coordination, ODFW, DEQ and Parks shall notify each other of the proposed applications prior to submittal to the Department. The applying agency should notify the other agencies of its intent to develop an instream water right application on a specified stream or lake. Notice should be given as early as possible and the other agencies should respond as soon as possible if they would like to incorporate the public uses each is responsible for into the application.
3. (3) After October 28, 1989, all applications for instream water rights shall be based on methods of determining instream flow needs that have been approved by administrative rule of the agencies submitting the applications.

4. (4) Applications to establish instream water rights shall be submitted in writing by hard copy or electronic transmittal and shall include the following:

   1. (a) The name(s) and address(es) of the agency(ies) applying;
   2. (b) The public uses to be served by the requested instream water right and the flows necessary to support the public uses;
   3. (c) Stream or lake name;
   4. (d) If a stream, the reach delineated by river mile and stream to which it is tributary;

   5. (e) A map that includes, at a minimum, the following information:

      1. (A) The applicable lake or stream reach by river mile,
      2. (B) The upstream and downstream points identified by latitude and longitude, as established by a global positioning system or within a geographic information system;
      3. (C) The township(s), range(s), and section(s) that cover the requested reach, along with the quarter quarters for the upstream and downstream points of the requested reach;
      4. (D) A north arrow; and
      5. (E) An identified scale.
   6. (f) The instream flow requested by month or half month in cubic feet per second or acre-feet or lake elevation;
   7. (g) A description of the technical data and methods used to determine the requested amounts;
   8. (h) Evidence of notification of other qualified applicant agencies;
   9. (i) If a multi-agency request, the amounts and times requested for each category of public use;
   10. (j) Identification of affected local governments (pursuant to OAR 690-077-0010) and copies of notification to each affected local government of the intent to file the instream water right application;
   11. (k) Documentation of how the agency applying for an instream water right has complied with the requirements contained in its own administrative rules for instream water rights, including application of the required methods to determine the requested flows.
   12. (l) Any other information required in the application form that is necessary to evaluate the application in accordance with applicable statutory requirements.

5. (5) The applicant is encouraged to propose:

   1. (a) A means and location for measuring the instream water right;
   2. (b) The strategy and responsibility for monitoring flows for the instream right; and
   3. (c) Any provisions needed for managing the water right to protect the public uses.
6. (6) Any request for an instream water right to be supplied from stored water shall refer to the reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owners of the reservoir for a sufficient interest in the reservoir to impound enough water for the purposes set forth in the request.
7. (7) Within 60 days after the applicant notifies the Department to proceed with the application as provided in OAR 690-077-0031, the Department shall complete the application review and issue a proposed final order approving or denying the application or approving the application with modifications or conditions. The Department may request the applicant to provide additional information needed to complete the review. If the Department requests additional information, the request shall be specific and shall be sent to the applicant by electronic means, unless the applicant has requested mailing or other sending in written form. The Department shall specify a date by which the information must be returned, which shall be not less than 10 days after the Department mails the request to the applicant. If the Department does not receive the information or a request for a time extension under OAR 690-077-0052(2) by the date specified in the request, the Department may reject the application. The time period specified by the Department in a request for additional information shall allow the Department to comply with the 60-day time limit established by this section.

Statutory/Other Authority

ORS 197, ORS 536.025, ORS 536.027, ORS 537.153, ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.336, ORS 537.338 & ORS 537.356 - 537.358

Statutes/Other Implemented

ORS 537.332 - 537.360 & Or Laws 2025, ch 282

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 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