justicedao/ipfs_state_laws huggingface dataset:
695-045-0210 Subsequent Conveyances (1) Subsequent conveyances of Property Interests acquired with OWEB grant funds must strictly comply with the requirements of ORS 541.960, including, but not limited to, the requirement that subsequent conveyances be made subject to Board approval and that subsequent conveyances shall not result in a Profit. (2) Subsequent conveyances shall be evaluated based on criteria established in OAR 695-045-0180 as applicable. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0215 Waiver and Periodic Review of Rules The Director may waive the requirements of division 45 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Board’s land acquisition grant program. Any waiver must be in writing and included in the grant file to which the waiver applies. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2013, f. & cert. ef. 1-31-13
695-046-0010 Purpose In accordance with Section 4b of Article XV of the Oregon Constitution and ORS 541.956, OWEB may consider grant applications that propose to acquire from willing sellers interests in water that result in Legally or Contractually Protected Instream Flow to maintain or restore streamflows for the benefit of watersheds and habitats for native fish or wildlife. This division supplements the OWEB Grant Program rules under OAR 695-005 and provides specific requirements for the OWEB water acquisition grant program. In the event of any conflict between these requirements and requirements identified in OAR 695-005, the water acquisition grant requirements in this division will take precedence. OWEB does not itself hold an interest in water rights in grants authorized under these rules, but rather allocates funding for Water Acquisition Projects to other entities, which may result in the State of Oregon or other entities holding the interest in water rights. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13 OWEB 2-2005, f. & cert. ef. 2-1-05
695-046-0035 Eligibility (1) The Board will only consider Water Acquisition Projects involving legal water rights not subject to forfeiture that will result in Legally or Contractually Protected Instream Flows to address: (a) The identified conservation needs of habitats and species as determined by the Oregon Department of Fish and Wildlife and in consideration of needs identified by other federal or tribal fish and wildlife agencies; or (b) Improving water quality in a water-quality-limited area, as defined in OAR 340-041-0002(70) and determined by the Oregon Department of Environmental Quality. (2) The Board will also only consider projects that include written notice to irrigation districts where the proposed Water Acquisition Project is within the boundary of an irrigation district. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, adopt filed 04/27/2020, effective 05/01/2020
695-046-0185 Use of Grant Funds Water acquisition grant funds may be applied toward reasonable costs, as determined by OWEB, related to the implementation of Water Acquisition Projects, including: (1) The purchase price and the purchase option fees associated with acquisition of an interest in water. (2) The monetary interest on bridge loans needed to secure the interest in water prior to when funding will be available for distribution through the program. (3) The staff costs incurred as part of acquiring the interest in water. (4) The cost of outreach activities necessary for the funded Water Acquisition Project. (5) The cost of due diligence activities, including appraisal or valuation of the interest to be acquired, title report, assessment of the timing and extent of water use and regulation associated with the interest in water, and other customary due diligence activities. (6) The closing fees related to the acquisition of an interest in water. (7) The cost of monitoring the Water Acquisition Project to certify that the water interest is being used and managed consistent with Section 4b, Article XV of the Oregon Constitution. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0190 Matching Contributions (1) All applicants shall demonstrate at least 25% of the Water Acquisition Project cost is being sought as match, with the grant applicant required to provide matching funds and efforts necessary to complete the purchase. The following costs and activities will qualify as match: (a) All costs listed under OAR 695-046-0185, including in-kind contributions of those costs. (b) Funding commitments made by others as a result of grant applicant efforts (including funding to be secured from other funders as part of a Board-prescribed process conducted in cooperation with other funders). (c) Any donated portion of the interest in water. (2) OWEB funds shall not qualify as matching contributions. (3) The Director retains the discretion to determine whether matching costs are reasonable and will be recognized as qualifying matching costs. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0195 Coordinating and Partnering with Other Funders In accordance with Section 4b of Article XV of the Oregon Constitution, OWEB may consider grant applications in partnership with other funders for the purposes of creating operational efficiencies and coordinating investments in projects designed to result in Legally or Contractually Protected Instream Flow and to do one or both of the following: (1) Address the conservation needs of habitats and species as determined by the Oregon Department of Fish and Wildlife and in consideration of needs identified by other federal, or tribal fish and wildlife agencies; or (2) Improve water quality in a water-quality-limited area as defined in OAR 340-041-0002(70) and determined by the Oregon Department of Environmental Quality. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0196 Evaluation Criteria Water acquisition grant applications will be evaluated on the extent to which the application describes: (1) The significance of the projected ecological outcomes, including how the proposed Water Acquisition Project: (a) Achieves or helps to achieve any professionally accepted flow target during the period of use; (b) Addresses limiting factors identified in professionally accepted conservation plans for habitat conservation needs or water quality; (c) Provides benefits to impacted species and life stages; (d) Monitors and tracks project impacts over time, as appropriate for the transaction type and duration; (e) Monitors project compliance, as appropriate for the transaction type and duration; and (f) Contributes to climate change adaptation. (2) The alignment of proposed costs with the work necessary to accomplish the objectives described in the application, including: (a) The ownership, use, validity, and reliability of the water right; (b) How the proposed cost of the Legally or Contractually Protected Instream Flow is consistent with local or regional market conditions; and (c) How the term of the proposed Water Acquisition Project is appropriate to meet the habitat, species, or water quality needs. (3) How the proposed activities are part of a strategic effort or long term vision for restoring instream flows in the watershed, including how the proposed Water Acquisition Project: (a) Complements other habitat conservation actions and needs; (b) Will lead to future expansion of instream flow restoration; and (c) Addresses Oregon Department of Fish and Wildlife, or other federal or tribal fish and wildlife agency priorities for aquatic habitat, Oregon Department of Agriculture or Oregon Department of Forestry priorities for water quality, or Oregon Department of Environmental Quality water quality management or implementation plans, if established. (4) The capacity and qualifications of the applicant, including staff or consultants to be retained, to accomplish the proposed Water Acquisition Project activities described in the application and to sustain the projected ecological outcomes over the project term. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, adopt filed 04/27/2020, effective 05/01/2020
695-046-0200 Application Evaluation Process (1) For water acquisition applications seeking grant funds that require the Board to make a funding decision: (a) A Technical Review Team will be convened to review water acquisition grant applications. (b) Prior to the Technical Review Team meeting, the Technical Review Team shall evaluate each application based on the information provided and the evaluation criteria as described in OAR 695-046-0196. (c) At the Technical Review Team meeting, the Technical Review Team shall: (A) Review and evaluate each project individually based on how well the proposed project meets the criteria as described in OAR 695-046-0196. (B) Recommend the project as: (i) Do fund; (ii) Do fund with conditions: (iii) Do not fund; or (iv) Defer to staff or the Board with an explanation, if there is a policy issue or budget issue that needs to be addressed by the Board prior to a funding decision; and (C) Rank order all projects recommended for funding based on how well the project meets the criteria established in OAR 695-046-0196. (d) The project description, summary evaluation, and funding recommendation for all projects, and the rank order of projects recommended for funding shall be forwarded from the Technical Review Team to Board staff for their consideration. This information will be provided to all applicants and to the Board. (2) For water acquisition grant applications seeking grant funds that have been Delegated to the Director; (a) A Technical Review Team will be convened to review grant applications. (b) The Technical Review Team shall review and evaluate each project based on how well the proposed project meets the criteria in OAR 695-046-0196 and provide feedback and recommendations to OWEB staff. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0201 Staff Funding Recommendation Process (1) For water acquisition grant applications seeking grant funds that require the Board to make a funding decision: (a) Staff shall review the recommendations from each Technical Review Team and make a statewide funding recommendation to the Board based on available resources for the grant offering and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be made available to applicants and members of the Technical Review Teams at least two weeks before the Board meeting where funding decisions are to be made. (b) Applicants may provide written or oral comment to the Board on the staff recommendation prior to the Board decision. (2) For grant applications seeking grant funds that have been Delegated to the Director, staff shall review the recommendations from each Technical Review Team and make a funding recommendation to the Director based on available resources for the grant offering and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation shall be made available to the applicants. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 2-2020, adopt filed 04/27/2020, effective 05/01/2020
695-046-0202 Funding Decision (1) For water acquisition grant applications seeking grant funds that require the Board to make a funding decision: (a) After considering recommendations from staff, and any community impacts from the proposed Water Acquisition Project, the Board may fund a project in whole or in part. (b) Projects not funded may be resubmitted during future application submission periods. (2) For water acquisition grant applications seeking grant funds that have been Delegated to the Director: (a) After considering recommendations from staff, and any community impacts from the proposed Water Acquisition Project, the Director may fund a project in whole or in part. (b) Projects not funded may be resubmitted during future application submission periods. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 2-2020, adopt filed 04/27/2020, effective 05/01/2020
695-046-0205 Public Involvement The public shall be provided with opportunities to comment on grant applications for Water Acquisition Projects being considered by the Board. OWEB will provide written notice through its website of the Board’s intent to consider water acquisition grant applications. The Board will accept: (1) Comments made at public hearings, as described in ORS 271.735, held on grant applications seeking funding for Permanent Instream Transfers; (2) Written comments received at least 14 days before the Board meeting at which the application is to be considered by the Board; and (3) Oral comments made at the Board meeting at which the grant application is considered. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0210 Board Approval and Delegation of Authority The Board shall conditionally approve grants with funding conditions made available to the public. The Director is delegated the responsibility of ensuring that funding conditions required by the Board are fully satisfied by the grant applicant. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0215 Director’s Funding Approval and Distribution of Funds (1) The Director may approve the distribution of grant funds when: (a) The funding conditions, if any, imposed by the Board are met to the full satisfaction of the Director; (b) The legal and financial terms of the proposed Water Acquisition Project transaction are approved by the Director; (c) A grant agreement is executed by the Director and the grant applicant; (d) The Director has reconciled conditionally approved funding with actual Water Acquisition Project costs; and (e) The grant applicant has satisfied the match requirements under 695-046-0190. (2) For grants established under these rules, the Director is authorized to reimburse the grant applicant for allowable costs identified in OAR 695-046-0185 and to recognize matching contributions under OAR 695-046-0190 that were incurred no earlier than 18 months before the applicable grant application deadline. (3) Notwithstanding OAR 659-046-0215(1)(a), funds may be distributed prior to Water Acquisition Project transaction closing for due diligence activities specified in OAR 659-046-0185(5) and included in the application budget. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 3-2025, minor correction filed 03/17/2025, effective 03/17/2025 OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0220 Compliance and Enforcement (1) The ongoing use of the water interests acquired with OWEB water acquisition grant funds shall be consistent with the purposes specified in section 4b Article XV of the Oregon Constitution. If significant compliance issues cannot be resolved to the full satisfaction of the Director, the Director, after informing the Board and providing reasonable written notice to the recipient of the grant, may in his or her discretion initiate any and all legal remedies available to OWEB, including recovery of the OWEB grant funds that were used to purchase the water interest, and reasonable interest and penalties at the option of the Director. (2) OWEB, its grantees, contractors and cooperating agencies must be provided sufficient legal access to property to which the water interest acquired with OWEB funds is appurtenant, for the purpose of monitoring to certify that the water interest is being used and managed consistent with Section 4b, Article XV of the Oregon Constitution. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0225 Subsequent Conveyances A water interest acquired with OWEB grant funds shall not be conveyed to another party unless the conveyance is approved by the Board and may not be conveyed for the purpose of consumptive uses. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-046-0230 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 46 for individual grant applications, not including mandatory constitutional or statutory requirements, when doing so is reasonably calculated to result in more efficient or effective implementation of the Board’s water acquisition grant program. Any waiver must be in writing and included in the grant file to which the waiver applies. The administrative rules for water acquisition grants shall be periodically reviewed by the Board and revised as necessary and appropriate. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020 OWEB 2-2013, f. & cert. ef. 6-19-13
695-047-0010 Purpose The Board shall provide grants, as funds are available, for Focused Investment Partnership initiatives that address Board-identified priorities of significance to the State. This Division supplements the OWEB Grant Program rules under OAR 695-005 and provides specific requirements for the Focused Investment Partnership Grants Program. In the event of any conflict between these requirements, and the requirements identified in OAR 695-005, the Focused Investment Partnership Grant Program requirements in this Division take precedence. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0020 Definitions (1) "Conservation Actions" are specific ecological conservation or restoration interventions, treatments, projects, or other activities that will contribute to specific Conservation Output objectives. (2) "Conservation Outputs” are specific products or yields resulting from Conservation Actions that can be quantified and measured over time. ( 3 ) “Core Partners” are identified in the Initiative grant application as signatories to the Focused Investment Partnership Agreement and are eligible to apply for project-level grants to provide capacity for partnership coordination and Work Plan implementation. (4) “Ecological Outcomes” are near-and-long-term results that are expected to emerge from Conservation Actions and resulting Conservation Outputs. ( 5 ) “Expert Review Team” means a team of designated personnel with statewide knowledge and interdisciplinary expertise as appropriate to evaluate Focused Investment Partnership Initiative applications based on evaluation criteria in OAR 695-047-0060. (6) “Focused Investment Partnership” means an OWEB investment that addresses a Board-identified priority of significance to the state, achieves Ecological O utcomes as identified through a Strategic Action P lan, and is implemented by a High-Performing P artnership. ( 7 ) “High-Performing Partnership” means a collaborating group of organizations with an existing Strategic Action Plan and a governance structure that includes a decision - making process resulting in an effective performance history. (8) “Initiative” means the program that the partnership will pursue with Focused Investment Partnership funding. ( 9 ) “Strategic Action Plan” is a document that describes the long - term, science-based conservation strategy of a partnership, providing context for the Conservation Actions. A Strategic Action Plan is required at time of application and may cover a timeframe longer than the proposed FIP Initiative. (10) “Theory of Change” is a way of explaining the hypothesized relationships between Conservation Actions and the Ecological Outcomes they are expected to produce. (11 ) “Work Plan” means the proposed actions of the partnership in each biennium of the Initiative. Partnerships will submit an updated W ork P lan to OWEB in advance of each new biennium. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0030 Board-identified Priorities At least every five years, the Board shall approve ecological priorities of significance to the State to be addressed by Focused Investment Partnerships Initiatives. Ecological priorities shall be determined with public input and scientific rigor and shall include maps , a Theory of Change, and narrative describing the desired ecological outcomes for eligible Focused Investment Partnership Initiative activities. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0040 Eligibility The Board shall only consider a Focused Investment Partnership Initiative application that: (1) Addresses a Board-identified priority of significance to the state; and (2) Is to be implemented by a H igh- P erforming P artnership. (3) Demonstrates that match is sought and shall be expended within the scope and geography of the Initiative application. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0060 Evaluation Criteria Focused Investment Partnership Initiative applications shall be evaluated on: ( 1 ) The extent to which the partnership has the capacity to partner and engage the community within the I nitiative geography; (2) The extent to which the partnership demonstrates an established governance structure and a shared history of collaboratively implementing Conservation Actions and adaptively managing to achieve Conservation Outputs; (3) The composition of the partnership is appropriate to achieve Ecological Outcomes within the Initiative; (4) The extent to which the partnership's Theory of Change supports the proposed Initiative and aligns with a Board identified ecological priority; (5) The extent to which the Conservation Actions and Conservation Outputs described in the proposed Work Plan will make progress toward Ecological O utcomes; (6) The extent to which the partnership demonstrates a process to track Conservation Outputs that are aligned with Ecological Outcomes ; and (7) The extent to which the allocation of funds across proposed grant types will support the achievement of the proposed E cological O utcomes and catalyze additional investments . Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018