Department of Environmental Quality
Chapter 340
Division 41
WATER QUALITY STANDARDS: BENEFICIAL USES, POLICIES, AND CRITERIA FOR OREGON
340-041-0180
Basin-Specific Criteria (Klamath): Beneficial Uses to Be Protected in the Klamath Basin
[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) Water quality in the Klamath Basin (see Figure 1) must be managed to protect the designated beneficial uses shown in Table 180A (August 2005).
(2) Designated fish uses to be protected in the Klamath Basin are shown in Figures 180A, 180B, 180C, and 180D (October 2023).
(3) For purpose of protecting active resident trout spawning areas, as required by OAR 340-041-0016 (1):
(a) The dissolved oxygen spawning criteria will apply to the salmonid spawning locations and times shown on OAR 340-041-0180: Figure 180D.
(b) In addition to the salmonid spawning areas shown on Figure 180D, DEQ will determine where additional active spawning areas used by resident trout occur as data becomes available. DEQ will identify additional spawning habitat and active resident trout spawning areas in a publicly available inventory. The determinations recorded in the inventory will be incorporated into the designated use tables and maps in OAR 340-041 periodically through rulemaking. 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 trout 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