As used in ORS 541.651 to 541.696: (1) Newly developed water means the new increment of water: (a) Stored for a project providing new or expanded storage; (b) Allocated to a use under a secondary water right for a project involving the allocation of previously uncontracted water stored by the United States Army Corps of Engineers under an existing water right; or (c) Conserved for a project to allocate conserved water under the program described in ORS 537.455 to 537.500. (2) Seasonally varying flows means the duration, timing, frequency and volume of flows, identified for the purpose of determining conditions for a new or expanded storage project, that must remain in-stream outside of the official irrigation season in order to protect and maintain the biological, ecological and physical functions of the watershed downstream of the point of diversion, with due regard given to the need for balancing the functions against the need to store water for multiple purposes. Note: 541.651 to 541.696 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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