justicedao/ipfs_state_laws huggingface dataset:
690-521-0100 Purpose of Mitigation Bank and Mitigation Credit Rules (1) The rules in OAR 690-521-0100 through 690-521-0600 set forth the process to recognize and establish mitigation banks in the Deschutes Basin and to establish, obtain and assign mitigation credits pursuant to Chapter 659, 2001 Oregon Laws (HB 2184). (2) Mitigation credits are a means to fulfill a mitigation obligation under OAR 690, division 505. (3) Mitigation credits are a means of encouraging individuals and institutions to invest in mitigation projects in the Deschutes Basin, such that credits earned by such projects may be held, applied, sold, or otherwise transferred for the purposes set forth above. Statutory/Other Authority: ORS 537.746 & 536.027 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-521-0200 Definitions The following definitions apply to OAR 690-521-0100 through 690-521-0600. (1) "Allocation of conserved water" means an application approved under ORS 537.455 to 537.500 and OAR 690, division 18 in which the Department may award mitigation credits for the applicant’s portion of the conserved water that is legally protected for instream use resulting from conservation measures, such as canal lining and piping or other improvements in the technology or method for diverting, transporting, applying, or recovering water. (2) "Department" means the Oregon Water Resources Department. (3) "Deschutes Ground Water Study Area" means the Deschutes River Basin drainage area indicated in Exhibit 1. (4) "General zone of impact" means anywhere above the Madras gage on the Lower Deschutes River or, for wells determined by the Department to have a localized impact on surface water, anywhere within the impacted subbasin of the Deschutes River including the Metolius, Squaw Creek, Little Deschutes, and Crooked River subbasins as identified by the Department. (5) "Mitigation bank" means an entity that is authorized by the Water Resources Commission to obtain, hold and assign mitigation credits pursuant to Chapter 659, 2001 Oregon Laws (HB 2184) and these rules. (6) "Mitigation credit" is a means of accounting for mitigation water, calculated in acre-feet, made available by a mitigation project. One mitigation credit is equal to one acre-foot of mitigation water. Mitigation credits are determined and awarded by the Department upon completion of the project and verification by the Department. (7) "Mitigation obligation" means the amount of mitigation water needed for the appropriation of ground water as determined by the Department under OAR 690, division 505, calculated in acre-feet. (8) "Mitigation project" means a project approved by the Department that results in mitigation water. (9) "Mitigation water" means water that is legally protected for instream use from implementation of a mitigation project, calculated in acre-feet. (10) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 537.746 & 536.027 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-521-0400 Award and Validity of Mitigation Credits (1) Concurrent with the issuance of a final order approving one of the mitigation projects identified in OAR 690-521-0300, the Department shall make a preliminary finding as to the amount of mitigation credits available. The Department shall award final mitigation credits upon completion of the approved project by the applicant and verification by the Department that the project is complete. The Department shall award mitigation credits to the person or mitigation bank that completed the mitigation project, unless otherwise requested by the project applicant. (2) Mitigation credits awarded by the Department are valid until used to fulfill a mitigation obligation. Valid mitigation credits may be assigned by any person or recognized mitigation bank to any person or other mitigation bank. Mitigation credits are used when a person submits to the Department documentary evidence that valid credits have been obtained and assigned to satisfy a mitigation obligation. Statutory/Other Authority: ORS 537.746 & 536.027 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-521-0500 Mitigation Banks (1) Pursuant to Chapter 659, 2001 Oregon Laws (HB 2184), the Department may recognize and establish mitigation banks for the Deschutes Basin to facilitate transactions among holders of mitigation credits and persons interested in acquiring mitigation credits. (2) Any person may apply to become recognized as a mitigation bank by submitting an application form to the Department. The form shall be provided by the Department. (3) A person applying to be recognized as a mitigation bank shall enter into an agreement with the Department to receive a mitigation bank charter that details the agreements and obligations necessary to meet the provisions of OAR 690, division 521 and Chapter 659, 2001 Oregon Laws (HB 2184). A mitigation bank shall at a minimum be required to: (a) Maintain an accounting system to track assignments of mitigation credits to or from the bank. A separate account shall be maintained for mitigation credits obtained through time-limited transfer and instream lease mitigation projects. Each type of account maintained by the mitigation bank shall be separated into the general zones of impact established by the Department; and (b) Annually report all transactions and activities of the bank to the Department in accordance with the requirements of this rule, and any other reporting requirements determined to be necessary by the Department. (4) Mitigation bank charters under section (3) of this rule shall be approved or denied by the Water Resources Commission following public notice and an opportunity for public comment. (5) A mitigation bank may establish, obtain, hold and assign mitigation credits, and is subject to the rules contained in OAR 690-521-0100 through 690-521-0600. (6) The Department is neither party to nor in any way responsible for the contractual agreements between a mitigation bank and its customers. (7) The Department may, at the discretion of the Director, audit the mitigation credit accounting records of any mitigation bank. Statutory/Other Authority: ORS 537.746 & 536.027 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-521-0600 Department Mitigation Credit Oversight Account The Department shall maintain a system to account for the award and use of mitigation credits in the Deschutes Basin. The Department shall prepare an annual report on the implementation and management of the mitigation credits system. Statutory/Other Authority: ORS 537.746 & 536.027 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-522-0010 Purpose The following rules are intended to operate in conjunction with the Deschutes Basin Ground Water Mitigation Rules in OAR Chapter 690, Division 505, and the Deschutes Basin Mitigation Bank and Mitigation Credit Rules in OAR Chapter 690, Division 521. Statutory/Other Authority: ORS 536.027 & ORS 537.746 Statutes/Other Implemented: ORS 537.746, Or Laws 2005, ch 669 & Or Laws 2011, ch 694 History: WRD 1-2020, amend filed 05/22/2020, effective 05/22/2020 WRD 1-2010, f. & cert. ef. 6-9-10
690-522-0020 Applicability The following rules apply to final orders, permits, and certificates issued pursuant to OAR 690, Division 505 after September 27, 2002, including but not limited to the change of mitigation water into mitigation credits. Statutory/Other Authority: ORS 536.027 & ORS 537.746 Statutes/Other Implemented: Or Laws 2011, ch 694, ORS 537.746 & Or Laws 2005, ch 669 History: WRD 1-2020, amend filed 05/22/2020, effective 05/22/2020 WRD 1-2010, f. & cert. ef. 6-9-10
690-522-0025 Definitions The following definitions apply to OAR chapter 690, division 522. (1) “Department” means the Oregon Water Resources Department. (2) “Mitigation credit” is a means of accounting for mitigation water, calculated in acre-feet, made available by a mitigation project. One mitigation credit is equal to one acre-foot of mitigation water. Mitigation credits are determined and awarded by the Department upon completion of the project and verification by the Department. (3) “Mitigation obligation” means the amount of mitigation water needed for the appropriation of groundwater as determined by the Department under OAR chapter 690, division 505, calculated in acre-feet. (4) “Mitigation project” means a project approved by the Department that results in mitigation water. (5) “Mitigation water” means water that is legally protected for instream use from implementation of a mitigation project, calculated in acre-feet. Statutory/Other Authority: ORS 536.027 & ORS 537.746 Statutes/Other Implemented: Or Laws 2011, ch 694, ORS 537.746 & Or Laws 2005, ch 669 History: WRD 1-2020, adopt filed 05/22/2020, effective 05/22/2020
690-522-0030 Ground Water Appropriations within the Deschutes Ground Water Study Area The cumulative rate specified under 690-505-0500(1) shall not include: (1) Rates associated with offsets pursuant to 690-505-0610(8); (2) Rates associated with applications withdrawn after final order issuance pursuant to 690-505-0620; (3) Portion of rates approved by a final order issued under 690-505-0620 but not included in a water right permit issued following satisfaction of the mitigation requirement; (4) Rates associated with expired final orders pursuant to 690-505-0620(2); (5) Portions of rates associated with permits issued pursuant to 690-505-0620 and subsequently cancelled; (6) Rates associated with certificates issued pursuant to 690-505-0620 and subsequently canceled; and (7) Rates associated with the portion of use originally authorized under a permit issued pursuant to 690-505-0620 and not included in a subsequent certificate. Statutory/Other Authority: ORS 536.027 & ORS 537.746 Statutes/Other Implemented: ORS 537.746, Or Laws 2005, ch 669 & Or Laws 2011, ch 694 History: WRD 1-2020, amend filed 05/22/2020, effective 05/22/2020 WRD 4-2015, f. & cert. ef. 6-26-15 WRD 1-2010, f. & cert. ef. 6-9-10
690-522-0040 Incremental Development in the Deschutes Ground Water Study Area (1) An incremental development plan under 690-505-0625 for municipal and quasi-municipal ground water permit applicants and permit holders may include offset pursuant to 690-505-0610(8). (2) When providing incremental mitigation pursuant to OAR 690-505-0625, a municipal or quasi-municipal ground water permit holder may provide mitigation, offset, or a combination of both during each approved increment to coincide with each stage of development of the permit on the condition that the permit holder does not increase the rate or amount of water diverted under the permit before submitting the corresponding required mitigation or offset and documentary evidence. (3) The report required under OAR 690-505-0625(1)(b) shall describe the annual volume of water used and the source of offset and mitigation used for that period. Statutory/Other Authority: ORS 536.027 & ORS 537.746 Statutes/Other Implemented: ORS 537.746, Or Laws 2005, ch 669 & Or Laws 2011, ch 694 History: WRD 1-2020, amend filed 05/22/2020, effective 05/22/2020 WRD 1-2010, f. & cert. ef. 6-9-10
690-522-0050 Reassignment of Permanent Mitigation Credits (1) Notwithstanding OAR 690-521-0400(2), the Department may reassign part or all of permanent mitigation credits that were used to satisfy a mitigation obligation if: (a) The ground water permit application to which the credits were assigned is denied or withdrawn; (b) The ground water permit application to which the credits were assigned is amended and the mitigation obligation is reduced; (c) The final order issued approving the ground water permit application to which the credits were assigned expires pursuant to OAR 690-505-0620; (d) The ground water permit to which the credits were assigned is subsequently cancelled or partially cancelled resulting in a reduced mitigation obligation; (e) The subsequent ground water certificate is issued for less ground water use than originally allowed under the permit and there is a corresponding reduction in mitigation obligation; (f) The subsequent ground water certificate to which the credits were assigned is cancelled, or partially cancelled resulting in a reduced mitigation obligation; or (g) The mitigation credits are assigned to a permit for municipal or quasi-municipal use issued under OAR 690-505-0620 with an incremental development plan under OAR 690-505-0625 and the permit holder requests to re-assign credits to another such existing permit of their own or to another municipal or quasi-municipal entity that holds a groundwater permit issued under OAR 690-505-0620 with an incremental development plan under OAR 690-505-0625, provided the reassignment is consistent with the requirements of OAR 690-505-0610 (4) and OAR 690-505-0625. The permit holder requesting the re-assignment of credits under this provision shall submit to the Department an updated incremental development plan. (2) Mitigation credits available pursuant to this rule may be assigned by applicant or permit or certificate holder to any person or mitigation bank or assigned to satisfy a mitigation obligation. Statutory/Other Authority: ORS 536.027 & ORS 537.746 Statutes/Other Implemented: ORS 537.746, Or Laws 2005, ch 669 & Or Laws 2011, ch 694 History: WRD 1-2020, amend filed 05/22/2020, effective 05/22/2020 WRD 4-2015, f. & cert. ef. 6-26-15 WRD 1-2010, f. & cert. ef. 6-9-10
690-522-0060 Change of Mitigation Water into Mitigation Credits (1) For mitigation project applications submitted after the adoption of these rules, pursuant to 690-521-0300 (4), any person requesting mitigation credits through completion of a mitigation project, identified in 690-521-0300 (1), shall, in any application associated with the mitigation project, notify the Department that they intend to use the project to establish mitigation credits. For those that do not request to establish mitigation credits under the proposed project, the Department will consult before moving forward. (2) To apply to change mitigation water into mitigation credits a written request must be submitted to the Department no later than December 31, 2021. (3) The written request to change mitigation water generated by a mitigation project into mitigation credits may be submitted to the Department by the permit holder(s) of record or certificate holder(s). The request will include: (a) The application, permit, or certificate number for which the mitigation water was established; (b) The mitigation project number; and (c) Any other information requested by the Department. (4) Provided the written request is consistent with (2) and (3) of this section, the Department may issue an order to approve the change of mitigation water generated by the mitigation project into mitigation credits, consistent with the order approving the mitigation project. The order will: (a) Award mitigation credits in any zone(s) where the mitigation project water is legally protected instream; (b) Assign the awarded mitigation credits to the existing permit or certificate to which the mitigation water was originally assigned and used to satisfy the originating mitigation obligation. (5) After the award and assignment of the mitigation credits, the mitigation water will no longer be valid to meet a mitigation obligation. (6) Approved mitigation credits become subject to the provisions of OAR Chapter 690, Division 521, and OAR Chapter 690, Division 522. Mitigation credits can only be reassigned in accordance with OAR 690-522-0050. Statutory/Other Authority: ORS 537.027 & ORS 537.746 Statutes/Other Implemented: ORS 537.746, Or Laws 2005, ch 669 & Or Laws 2011, ch 694 History: WRD 1-2020, adopt filed 05/22/2020, effective 05/22/2020
690-600-0000 Purpose These rules establish procedures for the Oregon Water Resources Department in accepting applications and considering proposals for funding under the provisions of Senate Bill 1069 (Chapter 13, 2008 Laws). The Water Conservation, Reuse, and Storage Grant Program includes funding for project planning studies performed to evaluate the feasibility of developing a water conservation, reuse, or storage project. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: 2008 OL Ch. 13 History: WRD 1-2008, f. 6-4-08, cert. ef. 6-6-08
690-600-0010 Definitions The following definitions apply to this division of the rules: (1) "Department" means the Oregon Water Resources Department. (2) "Director" means the Director of the Oregon Water Resources Department. (3) “Funding” means a grant or payment for direct services, including but not limited to technical planning services, available through the Program. (4) "Grant Agreement" means the legally binding contract between the Department and the funding recipient. It consists of the conditions specified in these rules, the notice of funding award, special conditions to the grant agreement, a certification to comply with applicable state and federal regulations, the project planning study budget and the approved application for funding the project planning study. (5) “Grantee” means a local government as defined in ORS 174.116, an Indian tribe as defined in ORS 391.802, or a person as defined in ORS 536.007, that is a recipient of funding from the Program. (6) "Partner" means a non-governmental or governmental person or entity that has committed funding, expertise, materials, labor, or other assistance to a proposed project planning study. (7) “Program” means the Water Conservation, Reuse, and Storage Grant Program. (8) “Project Planning Study” means research and planning performed to evaluate the feasibility of developing a water conservation, reuse, or storage project. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: 2008 OL Ch. 13 History: WRD 1-2008, f. 6-4-08, cert. ef. 6-6-08
690-600-0030 Application Process (1) Depending upon the availability of Program funds, the Department will periodically, but not less than annually, announce deadlines for submitting applications for funding. (2) The Department may use an application review team consisting of persons with water supply and planning knowledge and interdisciplinary expertise appointed by the Director to review applications and make funding recommendations to the Department. (3) In its evaluation of applications associated with above ground storage projects, the Department will give priority to applications associated with above ground storage projects that include provisions for using stored water to augment in-stream flows to conserve, maintain and enhance aquatic life, fish life or other ecological values. (4) In its evaluation of applications that are not associated with above ground storage projects, the Department will give priority to applications associated with projects that are identified by the Department in a statewide water assessment and inventory. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: 2008 OL Ch. 13 History: WRD 1-2008, f. 6-4-08, cert. ef. 6-6-08
690-600-0040 Grant Agreement and Conditions (1) The Director or designee will establish grant agreement conditions for each grant. Grantees shall comply with all grant agreement conditions. (2) The Department will only enter into new agreements or amendments to existing agreements with prior grantees of the Program if all reporting obligations under existing or earlier grant agreements have been met. (3) The grantee must: (a) Submit a quarterly report to the Department on a form provided by the Department that provides information regarding the expenditure of program and non-program funds, progress toward completion of the project planning study, compliance with special conditions and requirements in the Grant Agreement and any other information the Department deems appropriate. (b) Comply with all federal, state and local laws and ordinances applicable to the work to be done under the grant agreement. (c) Account for funds distributed by the Department, using project planning study expense forms provided by the Department. (d) Obtain all permits and licenses from local, state or federal agencies or governing bodies necessary to fulfill the grant agreement and provide a copy to the Department. (4) It is not the intent of the program to finance equipment purchases. Any equipment purchase authorized by the Department may be subject to additional conditions to be included in the grant agreement. (5) Upon notice by the Department to the grantee in writing, the Director may terminate funding for project planning studies not complying with the grant agreement conditions. The money allocated to the project planning study but not used will be available for reallocation by the Department. (6) The Grant Agreement will contain a condition that all project planning study reports that the Department determines to be final and complete will be made available to the public. The Department may place additional conditions in the Grant Agreement as necessary to carry out the purpose of the project planning study. Such conditions may include but are not limited to: (a) Special reporting requirements that it deems appropriate. (b) A commitment to supply future reports on the project planning study as required; and (c) A commitment to provide a report of any future actions taken as a result of the project planning study. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: 2008 OL Ch. 13 History: WRD 1-2008, f. 6-4-08, cert. ef. 6-6-08