690-521-0300 Establishing Mitigation Credits (1) Any person or mitigation bank may establish mitigation credits by completing a mitigation project as approved by the Department. Mitigation projects may include: (a) The allocation of conserved water provided under ORS 537.455 to 537.500 and OAR 690, division 018, where the applicant’s portion of the conserved water is allocated and legally protected for instream use; (b) The transfer of an existing water right to an instream use if the water right to be transferred is also lawfully eligible for transfer to another out-of-stream use, and for mitigation banks, the time-limited transfer or lease of an existing water right to instream use under ORS 537.348 and OAR 690, division 077; (c) A permit to appropriate water for the purpose of artificial recharge of a ground water reservoir pursuant to ORS 537.135 and OAR 690, division 350; (d) A secondary permit to use stored water from an existing reservoir obtained pursuant to ORS 537.130 to 537.211 and OAR 690, division 310, provided the secondary permit is for instream use; or (e) Other projects approved by the Department that result in legally protected mitigation water. (2) Nothing in this rule modifies, adds or removes any procedures, or criteria and standards for review required for the Department to process applications or requests under the respective separate authorities for mitigation projects identified in section (1) of this rule. (3) Mitigation credits for time-limited transfers and leases made under section (1)(b) of this rule may only be established by mitigation banks. A mitigation bank may assign mitigation credits established under this section to any person who intends to submit the credits to the Department to satisfy a mitigation obligation, provided that the bank demonstrates to the Department that it will hold in reserve an amount of mitigation credits, established or obtained from a source under section (1) of this rule, that is at least equal to the number of mitigation credits assigned to the person by the bank. (4) Any person requesting mitigation credits through completion of a mitigation project identified under section (1) of this rule shall, in any application associated with the mitigation project, notify the Department that they intend to use the project to establish mitigation credits. (5) Any person with a pending application for a mitigation project shall notify the Department that they intend to use the project to establish mitigation credits within 180 days of the effective date of these rules. (6) Upon receipt of notification under section (4) and (5) the Department shall give public notice of the intent to establish mitigation credits in the weekly notice published by the Department. (7) The Department shall work in cooperation with a representative of the Oregon Department of Fish and Wildlife, Oregon State Parks and Recreation Department, Oregon Department of Environmental Quality and Division of State Lands to enhance the resource benefits and make the most effective use of mitigation projects and mitigation water. (8) A mitigation project for which a final order of approval was issued by the Department between November 1, 2000, and the effective date of these rules shall be eligible for final mitigation credit(s) under OAR 690-521-0400(1) upon completion of the project. (9) Any person may establish mitigation credits under these rules whether or not there is an existing or known mitigation obligation that the mitigation credits may ultimately be used to satisfy. 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