justicedao/ipfs_state_laws huggingface dataset:
690-600-0050 Eligible Project Planning Studies (1) Project planning studies eligible for funding under the Program may include: (a) Analyses of hydrological refill capacity; (b) Water needs analyses; (c) Refined hydrological analyses; (d) Engineering and financial feasibility studies; (e) Geologic analyses; (f) Water exchange studies; (g) Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of a proposed water conservation, reuse or storage project on those flows; (h) Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives; (i) Analyses of environmental harm or impacts from a proposed water conservation, reuse or storage project; (j) Analyses of public benefits accruing from a proposed water conservation, reuse or storage project; (k) Fiscal analyses of a proposed water conservation, reuse or storage project, including estimated project costs, financing for the project and projected financial returns from the project; (l) Hydrological analyses of a proposed water conservation, reuse or storage project, including the anticipated effects of climate change on hydrological refill capacity; and (m) Analyses of potential water quality impacts of the project. (2) If a planning study concerns a proposed storage project that would impound surface water on a perennial stream or divert water from a stream that supports sensitive, threatened or endangered fish or divert more than 500 acre-feet of surface water annually; grant funding may be provided only if the study contains: (a) Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of the storage project on those flows; (b) Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives; (c) Analyses of environmental harm or impacts from the proposed storage project; (d) Evaluation of the need for and feasibility of using stored water to augment in-stream flows to conserve, maintain and enhance aquatic life, fish life and any other ecological values; and (e) For a proposed storage project that is for municipal use, analysis of local and regional water demand and the proposed storage projects relationship to existing and planned water supply projects. 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
690-600-0060 Public Notice and Comment (1) The Department will post a summary of an application for Program funding within 10 days of a determination by the Department that the application is complete and meets the requirements of 690-600-0020. (2) Prior to the award of funding for a project planning study, the Department will provide public notice of applications for Program funding and associated application review team recommendations. After public notice, the Department will provide a minimum of 30 days for submission of written comments. 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
690-600-0070 Distribution of Funds (1) The Department will not reimburse the Grantee for any expenditure incurred prior to the signing of the grant agreement by all parties to the agreement. (2) The Director may withhold payments to a Grantee when in a situation where there are significant and persistent difficulties with satisfying Department requirements. (3) Prior to disbursement of Department funds, the Grantee must provide proof that is satisfactory to the Department that the match requirement of at least 50% of the funding from a source other than the Program has been secured. (4) Funds shall not be disbursed until the Department receives satisfactory evidence that necessary permits and licenses have been granted and documents required by the Department have been submitted. 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
690-601-0100 Purpose OAR 690-601-0100 to OAR 690-601-0700 establishes rules to invite and support meaningful involvement of disproportionately impacted communities in the development, implementation, or both, of community engagement plans for water projects eligible to be supported by authorized Oregon Water Resources Department grants and loans. Statutory/Other Authority: ORS 536.027 & ORS 541.551 Statutes/Other Implemented: ORS 541.551 History: WRD 4-2025, renumbered from 690-601-0001, filed 04/01/2025, effective 04/01/2025 WRD 2-2025, adopt filed 03/28/2025, effective 04/01/2025
690-601-0200 Definitions For the purposes of Oregon Administrative Rules Chapter 690, Division 601: (1) “Disproportionately Impacted Communities” means communities that face barriers to meaningful involvement in public processes. This may include: (a) Rural communities; (b) Communities of color; (c) Tribal communities; (d) Coastal communities; (e) Areas with above-average concentrations of: (A) historically disadvantaged households, (B) residents with low levels of educational attainment, (C) high unemployment, (D) high linguistic isolation, (E) low levels of homeownership or high rent burden, (F) sensitive populations. (2) “Meaningful Involvement” means the availability of opportunities to participate in and impact the outcomes of water projects that will likely affect their communities’ environment, economy, or health. (3) “Community Engagement Plan Grantee” means eligible local governments or local organizations that receive funding for a Community Engagement Plan for water projects that are eligible to be supported by grants or loans pursuant to ORS 541.561-541.581 or ORS 541.651 - 541.696. (4) “Community Engagement Plan Applicant” means eligible local governments or local organizations that apply to receive grants or loans from ORS 541.561-541.581 or ORS 541.651 - 541.696 for a Community Engagement Plan for water projects that are eligible to be supported by ORS 541.561-541.581 or ORS 541.651 - 541.696. (5) "Department" means the Oregon Water Resources Department. (6) “Community Engagement Plan” means a plan to meaningfully engage and provide suitable access to decision-making processes for disproportionately impacted communities, underrepresented communities, tribal communities and all persons regardless of race, color, national origin or income in planning for water projects using identified best practices. (7) “Water Project” mean projects eligible for funding by grants or loans through ORS 541.561-541.581 or ORS 541.651 - 541.696. (8) “Best Practices” include goals, approaches, and strategies used in the development and implementation of a community engagement plan to increase meaningful involvement of disproportionately impacted communities in decisions related to the identification, scoping, design, or implementation of a water project. (9) “Local Government” has the meaning given to that term in ORS 174.116. (10) “Local Organization” means a special government body as defined in ORS 174.117, a federally recognized Indian tribe, a nonprofit organization, or other organization identified who operates in an area affected by a water project and is eligible to receive grants or loans pursuant to ORS 541.561-541.581 or ORS 541.651 - 541.696. Statutory/Other Authority: ORS 536.027, ORS 541.551, ORS 541.651 - 541.696, ORS 541.561-541.581 & ORS 174.116 Statutes/Other Implemented: ORS 541.551, ORS 541.651 - 541.696, ORS 541.561-541.581 & ORS 174.116 History: WRD 4-2025, renumbered from 690-601-0002, filed 04/01/2025, effective 04/01/2025 WRD 2-2025, adopt filed 03/28/2025, effective 04/01/2025
690-601-0300 Funding for Community Engagement Plans (1) The Department may provide funding for community engagement plan development, implementation, or both to invite and support meaningful involvement by representatives of disproportionately impacted communities in water projects that are eligible to be supported by grants or loans through ORS 541.561-541.581 or ORS 541.651 - 541.696. Funding for community engagement plans will be contingent on the funding source for ORS 541.561-541.581 or ORS 541.651 - 541.696. (a) For the purposes of grants and loans pursuant to ORS 541.651 - 541.696, Water Supply Development Account, a community engagement plan for a water project may be funded if the plan is used to inform the identification, planning, development, or implementation of water resource projects that are eligible for funding by the account. (b) For the purposes of grants pursuant to ORS 541.561-541.581, Water Conservation, Reuse, and Storage Grant Program, a community engagement plan for a water project may be funded if the plan is used to inform project identification and project planning studies that are eligible for funding by the grant program. Community engagement plans shall be performed to evaluate the feasibility of developing a water conservation, reuse, or storage project. (2) Community engagement grantees shall follow all laws and guidelines for community engagement plans that are supported by grants or loans issued pursuant to ORS 541.561-541.581 or ORS 541.651 - 541.696. (3) Community engagement grantees, using Department recognized best practices, and approved alternative best practices, shall expend grant or loan funds for the purposes of inviting and supporting meaningful involvement of disproportionately impacted communities in decisions related to the identification, scoping, design, or implementation of water projects. (4) Community engagement grantees shall follow all applicable state and federal funding and procurement laws and guidelines for reimbursable costs and activities. (a) Ineligible costs and activities are not reimbursable, these include but are not limited to, spending funds on the acts of lobbying and fundraising. (b) Eligible costs and activities that may be reimbursable, if conditions of the granting agreements are met, include but are not limited to, design and facilitation of meetings and eligible associated costs, development and distribution of outreach and meeting materials, and compensation of disproportionately impacted communities for meaningful involvement in community engagement opportunities. Statutory/Other Authority: ORS 536.027, ORS 541.561-541.581, ORS 541.651 - ORS 541.696 & ORS 541.551 Statutes/Other Implemented: ORS 541.561-541.581, ORS 541.651 - ORS 541.696 & ORS 541.551 History: WRD 4-2025, renumbered from 690-601-0003, filed 04/01/2025, effective 04/01/2025 WRD 2-2025, adopt filed 03/28/2025, effective 04/01/2025
690-601-0600 Public Notice The Department shall denote applications with community engagement plan components for a water project during public notice processes for ORS 541.561-541.581 or ORS 541.651-541.696. Statutory/Other Authority: ORS 536.027, ORS 541.551, ORS 541.651 - ORS 541.696 & ORS 541.561-541.581 Statutes/Other Implemented: ORS 541.551, ORS 541.651 - ORS 541.696 & ORS 541.561-541.581 History: WRD 8-2025, adopt filed 06/13/2025, effective 07/01/2025
690-601-0700 Funding Agreement and Reporting on Community Engagement Plans (1) Community engagement plan grantees shall comply with all grant agreement conditions and reporting requirements associated with ORS 541.561-541.581 or ORS 541.651 - 541.696. (2) Community engagement plan grantees shall submit progress and final reports to the Department on a form provided by the Department. The reporting frequency will be specified in the grant agreement and will align with the timing of ORS 541.561-541.581 or ORS 541.651 - 541.696 funding program reporting requirements. Reports shall include but are not limited to the following: (a) Progress made toward the use of Department recognized best practices and approved alternative best practices, and the success or failure of these best practices in increasing meaningful involvement of disproportionately impacted communities in water projects. Progress should include specific updates on plan metrics and timelines that have been achieved by the community engagement plan grantee and a justification for unachieved framework goals, timelines, or evaluation metrics. (b) Specific information on when and how disproportionately impacted communities were involved in the development, implementation, or both of the community engagement plans and water project. (c) Any feedback received from disproportionately impacted communities through their involvement in a community engagement plan development, implementation, or both, and how the feedback has been or will be incorporated into the community engagement plan and water project. (3) The Department may impose other community engagement plan specific conditions onto the grantee by noting the conditions during plan evaluation and including the condition in the funding agreement for the community engagement plan. (4) The Department may terminate, reduce, or delay funding for a community engagement plan if the Community Engagement Plan Grantee fails to comply with any provision of subsections (1), (2), and (3) of this section. Statutory/Other Authority: ORS 536.027, ORS 541.561-541.581, ORS 541.651 - 541.696 & ORS 541.551 Statutes/Other Implemented: ORS 541.561-541.581, ORS 541.651 - 541.696 & ORS 541.551 History: WRD 4-2025, renumbered from 690-601-0006, filed 04/01/2025, effective 04/01/2025 WRD 2-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-0100 Purpose OAR 690-602-0100 to OAR 690-602-01300 establish procedures for the Oregon Water Resources Department’s administration of the Place-Based Water Planning Fund and program and the process and consideration of state-recognized place-based integrated water resources plans by the Department and in Oregon’s Integrated Water Resources Strategy, pursuant to ORS 537.872 through 537.873. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0001, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-0300 Grant Application Process (1) The Department shall announce deadlines for submitting applications for grant funding, dependent upon the availability of Place-Based Water Planning funds and state agency capacity to support grantees and planning processes. (2) Applications shall be submitted on the most current form provided by the Department. (3) The Department shall review applications based on the evaluation criteria in 690-602-0600 and may use an application review team to assist in conducting this review. (4) The Department shall provide an opportunity for public comment on funding recommendations prior to the Directors funding decision. (5) The Director shall make grant funding decisions based on the grant evaluation criteria in 690-602-0600 and any associated recommendations of an application review team, availability of fund resources, Department capacity to support grantees, and received public comments. The Department shall make decisions publicly available. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0003, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-0400 Eligible Grant Types The Place-Based Water Planning Fund may fund the costs of any action supporting place-based integrated water resources planning as outlined in ORS 537.873(2). Eligible grant types include Planning Readiness Evaluation and Preparation Grants, Planning Grants, Post Plan Coordination Grants, and Plan Update Grants. (1) Eligible Planning Readiness Evaluation and Preparation Grants prepare for or assess a community's readiness to engage in place-based integrated water resources planning for a proposed planning area. (2) Eligible Plan Development Grants develop a place-based integrated water resources plan for a planning area consistent with a shared governance agreement, using place-based integrated water resources planning, and following the process, content, and structure provided by the Department. (3) Eligible Post Plan Coordination Grants support implementation coordination of a state-recognized place-based integrated water resources plan. (4) Eligible Plan Update Grants support updates to a state-recognized place-based integrated water resources plan. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0004, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-0500 Match Requirements (1) Match requirements shall be included in the announcement for each grant offering. Match requirements shall not exceed 50% of the application request. (2) All applicants must demonstrate the required matching contribution has been secured or is being sought at the time of application. Department funding will not be released prior to secured commitment of the matching contribution. Pending match must be secured within 18 months from the date of the place-based water planning award. (3) Eligible match contributions may include: (a) Associated and documented expenditures that were incurred prior to an award and approved by the Department for match purposes; (b) Cash on hand; (c) Secured funding commitments from other sources; (d) Pending match funds from other sources; or (e) The value of in-kind labor, equipment rental and materials essential to the planning process, based on local market rates. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0005, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-0700 Grant Agreement and Conditions (1) The Director or designee shall establish conditions for each grant agreement. (2) The Department shall only enter into new agreements or amendments to existing agreements with prior grantees of the Place-Based Water Planning Fund if all reporting obligations and conditions under existing or earlier grant agreements from this Fund have been met. (3) The Grantee must: (a) Submit a report at least every six months to the Department on a form provided by the Department that provides information regarding the expenditure of program and match funds, progress toward completion, compliance with special conditions and requirements in the grant agreement, and any other information required by the Department. (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 expense forms provided by the Department. (d) Ensure a collaborative process and adherence to principles of place-based integrated water resources planning and the state’s Integrated Water Resources Strategy. (e) Follow the process, content, and structure provided by the Department and necessary to meet the definitions of a “Place-Based Integrated Water Resources Plan” and “Place-Based Integrated Water Resources Planning”. (f) Pursue state-recognition of any Plan or Plan update resulting from the collaborative’s work. (4) Upon notice by the Department to the Grantee in writing, the Director may terminate funding for a grantee not complying with the grant agreement requirements and conditions. The money allocated to the grantee but not used may be available for reallocation by the Department. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0008, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-0800 Distribution of Grant Funds (1) The Director may withhold payments to a Grantee if the Grantee is not in compliance with grant agreement requirements and conditions. (2) Prior to disbursement of Department funds, the Grantee must provide the Department satisfactory proof that the required match, based on the total award, has been secured. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0010, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-0900 State Recognition of Plans (1) A collaborative is eligible to apply for state-recognition of their Plan after it is adopted by the collaborative through consensus as defined in the collaborative’s shared governance agreement. (2) The Plan Review Team shall review plans for adherence to the definition of a place-based integrated water resources plan, place-based integrated water resources planning, and the related process, content, and structure provided by the Department. The Plan Review Team shall make a recommendation to the Director about state recognition of the Plan within 120 days of plan submission. If the Plan Review Team requires changes to recommend the Plan for state recognition, the Collaborative shall be given an opportunity to amend its plan before a final recommendation is made. (3) A Plan may be recognized by the Commission if it meets the definition of a place-based integrated water resources plan, was developed using place-based integrated water resources planning, follows the process, content, and structure provided by the Department, and upon recommendation by the Director. (4) To maintain Plan state recognition, the collaborative must submit biennial reports on progress made towards Plan implementation on a form provided by the Department. If the Department determines that a collaborative is at risk of losing state recognition, the Department shall notify the Collaborative in writing and may provide additional time to correct any issues. Plans may lose state recognition if: (a) Reporting requirements are not met; (b) Reporting or other information received by the Department indicates that progress made towards implementation does not align with the Plan’s implementation strategies or represent a balance of in-stream and out-of-stream water interests; or (c) The Collaborative is no longer demonstrating a commitment to collaboration and adherence to principles of place-based integrated water resources planning and the state’s current Integrated Water Resources Strategy. (5) The Department, in consultation with other relevant state agencies, shall identify, document, and communicate to collaboratives which Plan strategies are consistent with an agency’s mission, authorities, and priorities, and whether and how they may be supported by those agencies as resources and capacity allow. (6) Plans that achieve state recognition before the Department begins updating the state’s next Integrated Water Resources Strategy shall be considered in the update. The Department, in consultation with other relevant state agencies, shall identify, and may incorporate common themes, critical issues, or individual strategies emerging from state-recognized Plans into updates and any associated workplans, consistent with the agency missions, authorities, and priorities, and as capacity allows. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0007, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025