As used in ORS 537.332 to 537.360: (1) In-stream means within the natural stream channel or lake bed or place where water naturally flows or occurs. (2) In-stream flow means the minimum quantity of water necessary to support the public use requested by an agency. (3) In-stream water right 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 in-stream for public use. An in-stream water right does not require a diversion or any other means of physical control over the water. (4) Public benefit 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. (5) Public use includes but is not limited to: (a) Recreation; (b) Conservation, maintenance and enhancement of aquatic and fish life, wildlife, fish and wildlife habitat and any other ecological values; (c) Pollution abatement; or (d) Navigation.
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