Protection of project water dedicated to in-stream use
If a project dedicates water to in-stream use under the requirements described in ORS 541.681 (Conditions of grants for developing certain types of above-ground storage facilities) or as allowed under ORS 541.683 (Demonstration of public benefits of project), the Water Resources Department shall protect the dedicated water in-stream consistent with the priority of the dedicated water source. Dedicated water from projects may come from newly developed water or from other sources and may be put in-stream at other locations in the tributary if the department determines as provided under ORS 540.530 (Order authorizing change of use, place of use or point of diversion) that the alternate location would not injure existing water rights and, in consultation with the State Department of Fish and Wildlife, determines that the alternate location would provide greater or equal environmental benefit. The Water Resources Department, in consultation with the State Department of Fish and Wildlife, shall determine the timing of the flows to maximize in-stream benefits in a manner consistent with public health and safety. [2013 c.784 §12]
Note: See note under 541.651 (Definitions for ORS 541.651 to 541.696).
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