reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0325 - Alternate Municipal WMCP: Water Supplier Plan Elements for Small Municipal Water Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
An Alternate Municipal WMCP submitted by a Small Municipal
				Water Supplier shall include:
(1) A
			 water supplier description for Small Municipal Water Suppliers as described
			 under OAR 690-086-0340;
(2) A water
			 conservation element for Small Municipal Water Suppliers as described under OAR
			 690-086-0350;
(3) A Water
			 Curtailment Element for Small Municipal Water Suppliers as described under OAR
			 690-086-0360;
(4) A water supply
			 element for Small Municipal Water Suppliers as described under OAR
			 690-086-0370;
(5) A list of the
			 Affected Local Governments to whom the draft plan was made available pursuant
			 to OAR 690-086-0320(8)  and a copy of any comments on the plan provided by the
			 local governments;
(6) A proposed
			 date for submittal of an updated plan within no more than 10 years after
			 submittal of the plan based on the proposed schedule for implementation of
			 conservation measures, and as available, any relevant schedules for other
			 community planning activities, the rate of growth, and any other changes
			 expected by the water supplier; or an explanation of why submittal of an
			 updated plan is unnecessary and should not be required by the Department;
			 and
(7) If the Small Municipal
			 Water Supplier is requesting additional time to implement Metering as required
			 under OAR 690-086-350(4)(b) or a Benchmark established in a previously approved
			 plan, documentation showing additional time is necessary to avoid unreasonable
			 and excessive costs.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0330 - Criteria for Approval of an Alternate Municipal WMCP Submitted by Small Municipal Water Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
In order to approve an Alternate Municipal WMCP under OAR
				690-086-0915, the Department must find that:
(1) The plan includes each of the required
			 elements under OAR 690-086-0325;
(2) For each of the water conservation
			 measures required under OAR 690-086-0350(4), the plan includes a reasonable and
			 appropriate schedule with five year Benchmarks for implementation of
			 conservation activities;
(3) The
			 Water Curtailment Element required under OAR 690-086-0360  satisfactorily
			 promotes water curtailment practices and the coordination of usage regulation,
			 taking into account state water law and local conditions, or is substantially
			 the same as a curtailment plan prepared pursuant to ORS
			 536.780 and OAR 690-019-0090  and approved by the Department within the previous five
			 years; and
(4) If mitigation is
			 legally required to address limitations or restrictions on the development of
			 permits for which resource issues are identified under OAR 690-086-0340(5)(i),
			 the plan contains documentation that the supplier is complying with the
			 mitigation requirements. The Department may consult with federal and state
			 agencies in making this determination.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0340 - Alternate Municipal WMCP: Water Supplier Description for Small Municipal Water Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
The Small Municipal Water Supplier description element of an
				Alternate Municipal WMCP shall include at least the following
				information:
(1) A description of the
			 supplier's source(s) of water, including diversion, storage and regulation
			 facilities, exchange agreements, intergovernmental cooperation agreements, and
			 water supply or delivery contracts;
(2) A delineation of the current service
			 areas, an estimate of the population served, and a description of how the
			 estimate was calculated;
(3) An
			 assessment of the adequacy and reliability of the existing water supply
			 considering system reliability and redundancy. The Department may, at the
			 request of the Small Municipal Water Supplier, assist with identifying
			 potential limitations on continued use under existing water rights resulting
			 from existing and potential future restrictions.
(4) A quantification of the water delivered
			 by the Small Municipal Water Supplier that identifies current and available
			 historic average annual water use, average day use, and peak day use;
(5) A tabular list of water rights held by
			 the Small Municipal Water Supplier that includes the following information:
(a) Application, permit, transfer, and
			 certificate numbers (as applicable);
(b) Priority date(s) for each
			 right;
(c) Source(s) of water for
			 each right;
(d) Type(s) of
			 beneficial uses specified in each right;
(e) Maximum instantaneous and annual quantity
			 of water allowed under each right;
(f) Maximum instantaneous and annual quantity
			 of water diverted under each right to date;
(g) Average monthly and average daily
			 diversions under each right that is conveyed through the supplier's
			 distribution system for the previous year, and if available for the previous
			 five years;
(h) Currently
			 authorized date for completion of development under each right; and
(i) Identification of any
			 streamflow-dependent species listed by a state or federal agency as sensitive,
			 threatened or endangered that are present in the source, any listing of the
			 source as water quality limited and the water quality parameters for which the
			 source was listed, and any designation of the source as being in a critical
			 ground water area. The Department shall, at the request of the Small Municipal
			 Water Supplier, provide the information necessary to meet the requirements of
			 this rule.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0360 - Alternate Municipal WMCP: Water Supplier Curtailment Element for Small Municipal Water Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
The Water Curtailment Element of an Alternate Municipal WMCP
				shall include at least the following:
(1) A description of any supply deficiencies
			 experienced within the past 10 years and current capacity limitation(s);
(2) A list of two or more stages
			 of alert for potential source shortage or water service difficulties;
(3) A description of
			 pre-determined levels of severity of source shortage or water service
			 difficulties that will trigger the curtailment actions under each stage of
			 alert; and
(4) A list of specific
			 standby water use curtailment actions for each stage of alert.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0370 - Alternate Municipal WMCP: Water Supply Element for Small Municipal Water Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
The water supply element of an Alternate Municipal WMCP shall
				include the following:
(1) A
			 description of the current and future service areas, including population
			 projection estimates or other relevant growth projections;
(2) Based on the information provided in
			 section (1) of this rule, an estimate of the water supplier's water demand
			 projections for 10 and 20 years; and
(3) A comparison of the projected water
			 needed and the quantity of water currently available to the Small Municipal
			 Water Supplier, and a description of how the Small Municipal Water Supplier
			 will meet future system demand.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0900 - Water Management and Conservation Plan Review, Approval, and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in OAR 690-086-0900  to 690-086-0920  set out the process and criteria for
			 the Department's review, approval, and enforcement of Municipal WMCPs, water
			 management and conservation plans submitted by, Agricultural Water Suppliers,
			 and Alternate Municipal WMCPs. The rules apply to the submittal and review of
			 draft plans, proposed final plans, and subsequent updates.
(2) The Department may allow additional time
			 for a Municipal Water Supplier (under OAR 690-086-0150(4)(b)) or Small
			 Municipal Water Supplier (under OAR 690-086-0350(4)(b)) to implement water
			 Metering or a Benchmark established in a previously approved plan if the water
			 supplier shows that additional time is necessary to avoid unreasonable and
			 excessive costs.
(3)
			 Notwithstanding any of the requirements of these rules, except OAR
			 690-086-0150(2), 690-086-0250(2), and 690-086-0350(2), the Department may
			 approve a water management and conservation plan if the plan is generally
			 consistent with the applicable criteria and includes a schedule for completion
			 within five years of any additional work necessary to satisfy the
			 requirements.
(4) Any Municipal
			 WMCP approval that contains a requirement that a Municipal Water Supplier
			 complete additional work under section (3) of this rule shall preclude
			 additional diversion of water under an Extended Permit beyond the need
			 quantified for the next two years.
Statutory/Other Authority: ORS
				  536.025  & 536.027
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0905 - Notice of Submittal of a Draft Plan or Updated Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall notify Affected
			 Local Governments, affected Indian tribes, and all persons on the Department's
			 weekly Public Notice mailing list that a draft water management and
			 conservation plan prepared under the requirements of OAR 690-086-0125,
			 690-086-0225, or 690-086-0325  has been submitted to the Department and is
			 available for review.
(2) Any
			 person may review and submit written comments on the draft plan within 30 days
			 of the notification in section (1) of this rule. Written comments submitted
			 under this subsection must cite specific provisions of concern in the draft
			 plan, describe how each of the provisions cited do or do not satisfy the
			 requirements of OAR Chapter 690, Division 086, suggest any modification in each
			 provision that would be necessary to satisfy the relevant requirement, and
			 include information to support any suggested modifications.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0910 - Preliminary Review of Draft Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall undertake a
			 preliminary review of the draft plan and the comments received pursuant to OAR
			 690-086-0905  to determine whether the plan includes the required elements of
			 OAR 690-086-0120  to 690-086-0170  for a Municipal WMCP, OAR 690-086-0220  to
			 690-086-0270  for a water management and conservation plan submitted by an
			 Agricultural Water Supplier, or OAR 690-086-0320  to 690-086-0370  for an
			 Alternate Municipal WMCP, as applicable.
(2) For a Municipal WMCP submitted by a
			 Municipal Water Supplier, the Department shall review the plan to determine if
			 the information and analyses in the plan are sufficient for the Department to
			 make the determination required under OAR 690-086-0130.
(3) For a water management and conservation
			 plan submitted by an agricultural water supplier the Department shall review
			 the plan to determine whether:
(a) The plan
			 includes the information required in OAR 690-086-0240;
(b) The water supplier has complied with the
			 requirements of OAR 690-086-0250  and has included a description of the actions
			 to be taken in the implementation of water conservation measures that are
			 feasible and appropriate for ensuring the efficient use of water delivered and
			 the prevention of waste; considering:
(A) The
			 economic feasibility of the measures for the water supplier;
(B) Any likely adverse environmental impacts
			 of implementation of the measures;
(C) Whether the measures are available and
			 proven;
(D) The time needed to
			 implement the measures;
(E) The
			 effects of local variations in soil type and weather on the potential for
			 successful implementation of the measures; and
(F) Whether the measures are consistent with
			 other relevant water management plans and subbasin conservation
			 plans.
(c) The water
			 allocation/curtailment element prepared under OAR 690-086-0260  satisfactorily
			 promotes water curtailment practices and the coordination of usage regulation,
			 taking into account state water law and local conditions, or is substantially
			 the same as a curtailment plan prepared pursuant to ORS
			 536.780 and OAR 690-019-0090  and approved by the Department within the previous five
			 years; and
(d) The water supplier
			 has included the information required in OAR 690-086-0270, and, in the list of
			 potential sources of water to meet projected demands, included the development
			 of any conservation measures which are available at a cost which is lower than
			 the cost of other identified sources or has provided sufficient justification
			 for the factors used in selecting other sources for development.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0915 - Final Review of Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 receipt of a proposed final plan, the Department shall evaluate the plan to
			 determine if it includes the required elements of OAR 690-086-0125  to
			 690-086-0170  for a Municipal WMCP, OAR 690-086-0225  to 690-086-0270  for a water
			 management and conservation plan submitted by an Agricultural Water Supplier-,
			 or OAR 690-086-0325  to 690-086-0370  for an Alternate Municipal WMCP. The
			 evaluation shall be limited to a review of modifications in the plan and issues
			 that were identified in the Department's written comments provided under OAR
			 690-086-0910  and, if any deficiencies are identified, the Department's review
			 shall cite the relevant statute or rule.
(2) If the Department determines that the
			 final plan does not include the required elements of OAR 690-086-0120  to
			 690-086-0170  for a Municipal WMCP, OAR 690-086-0220  to 690-086-0270  for a water
			 management and conservation plan submitted by an Agricultural Water Supplier,
			 or OAR 690-086-0325  to 690-086-0370  for an Alternate Municipal WMCP, the
			 Department shall consult with the water supplier and may provide additional
			 time to correct any discrepancies.
(3) For a Municipal WMCP submitted by a
			 Municipal Water Supplier, the Department shall review the plan to determine if
			 the information and analyses in the plan are sufficient for the Department to
			 make the determination required under OAR 690-086-0130.
(4) For a Municipal WMCP submitted by a
			 Municipal Water Supplier, if the Department determines that the proposed final
			 plan includes the required elements under OAR 690-086-0120  to 690-086-0170  and
			 meets the applicable criteria under OAR 690-086-0130, the Department shall
			 issue a final order approving the plan and notify the water supplier and any
			 person who submitted comments pursuant to 690-086-0905  of the approval. The
			 Department's order shall include the following:
(a) A quantification of the maximum amount of
			 water to be diverted during the next 20 years under each Extended Permit, or
			 for a longer period as specified for an extended reservoir permit;
(b) The date on which an updated plan shall
			 be submitted to the Department. A Municipal Water Supplier may submit an
			 updated plan at any time prior to the date specified if necessary to
			 accommodate unanticipated events. The Department shall not require submittal of
			 an updated plan earlier than five years after issuance of the order approving
			 the plan; and
(c) Provided the date
			 specified in subsection (b) for submittal of an updated plan is greater than 5
			 years, a schedule for submittal of a five-year progress report on
			 implementation of the water conservation and supply measures described in the
			 plan.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0920 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
If the Director determines that a water supplier has failed to
				submit a water management and conservation plan as required under OAR
				690-086-0010  to 690-086-0370  or has failed to satisfactorily implement an
				approved water management and conservation plan, the Director may proceed with
				one or more of the following actions:
(1) Initiate an evaluation of the supplier's
			 water management practices and facilities to determine if the use of water is
			 wasteful;
(2) Initiate regulation
			 of water use under OAR 690-250-0050  to eliminate waste;
(3) Rescind a previous approval of a water
			 management and conservation plan; and
(4) If the submittal of the water management
			 and conservation plan is required under a condition of a permit or an extension
			 approved under OAR Chapter 690, Division 315 or 320, assess a civil penalty
			 under OAR 690-260-0005  to 690-260-0110  or cancel the permit.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Water
			 Development Fund, referred to in these rules as the Water Development Loan
			 Fund, was created to provide loans to develop the water resources of the state.
			 The fund was established in the Water Development Act, Chapter 246, 1977 Laws
			 and approved by a general election in November, 1977. The Act was subsequently
			 amended to authorize loans for community water supply projects which benefit
			 communities of less than 30,000 population, fish protection projects, and
			 watershed enhancement projects. The Act is codified in ORS
			 541.700 to ORS
			 541.855.
(2) These rules provide instructions for the
			 administration of the loan program.
Stat. Auth.: ORS 183 & ORS 541
Stats. Implemented: ORS
				  541.845
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0015 - Eligibility: Applicant and Project

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible, applicants shall meet the
			 definition of water developer, as stated in OAR 690-090-0010.
(2) To be eligible, projects shall meet the
			 definition of a drainage project, irrigation project, community water supply
			 project, fish protection project, watershed enhancement project or multipurpose
			 project, as defined in OAR 690-090-0010.
Stat. Auth.: ORS 541
Stats. Implemented: ORS
				  541.700 - ORS
				  541.855
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0016 - Eligible Costs

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to these rules, a loan may be approved to pay costs
				relating to the project including:
(1)
			 The costs of buying or otherwise acquiring, building, installing,
			 rehabilitating or reconstructing a water development project as defined in OAR
			 690-090-0010;
(2) Costs of
			 obtaining a loan;
(3) Design,
			 engineering and license costs;
(4)
			 Reserves, interest costs relating to construction or interim financing, staff
			 training, and site costs; and
(5)
			 Grant matching funds or other costs of funds needed for the project.
Stat. Auth.: ORS 541
Stats. Implemented: ORS
				  541.700, ORS
				  541.705, ORS
				  541.750, ORS
				  541.770 & ORS
				  541.835
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0017 - Preferences

Current through Register Vol. 63, No. 7, July 1, 2024
To satisfy the preference set in ORS
				541.703 and providing that the
				guidelines and criteria set forth in ORS
				541.700 through
				541.855 and these rules are met,
				the director shall give priority to those projects required to be undertaken as
				a result of a proceeding under ORS
				222.840 to
				222.915 or
				431.705 to
				431.760 to alleviate conditions
				constituting a danger to public health. Priority, as used here, shall mean
				moving such loan applications ahead of other applications that may have been
				previous in time and, to the extent funds are inadequate to meet demands of
				pending applications, priority in funding.
Stat. Auth.: ORS 541
Stats. Implemented: ORS
				  541.703
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0018 - Authority of Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director is authorized by the commission to approve, deny, or amend loans,
			 establish loan interest rates, and to execute bond and loan contracts. The
			 director shall refer decisions on loan requests greater than three million
			 dollars, or such other amount as may be established by order of the commission,
			 to the commission with a written loan recommendation when discretionary
			 authority allowed under OAR 690-090-0025  is exercised. The director may, at the
			 director's discretion, refer any loan decision to the commission along with a
			 written loan recommendation.
(2)
			 The director may:
(a) Contract with regulated
			 lenders, state or federal agencies or others to provide services, subsidies or
			 grants to the program.
(b) Take
			 such steps as are needed to recover loan funds and prevent their misuse, or to
			 prevent project funds from being diverted from the originally approved
			 purpose.
(c) Delegate to staff, in
			 writing, authority to approve, deny, or amend loans and to execute bond and
			 loan contracts consistent with these rules.
(d) Take any action allowed by law to comply
			 with federal codes and rules on bonding or to assure the payment of program
			 bonds.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0025 - Criteria For Granting a Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 No application for loan funds may be approved by the director unless the
			 director makes findings required by ORS
			 541.720 and additional findings
			 as follows:
(a) The proposed water
			 development project is feasible and a reasonable risk from practical and
			 economic standpoints;
(b) The plan
			 for the construction, operation and maintenance of the proposed water
			 development project is satisfactory and, if the primary purposes of the project
			 include irrigation or drainage, the agricultural potential is
			 confirmed;
(c) The plan for
			 construction and operation will provide multipurpose facilities, to the extent
			 practicable;
(d) The applicant is a
			 qualified, credit-worthy and responsible water developer and is willing and
			 able to enter into a contract with the commission for construction and
			 repayment as provided in ORS
			 541.730;
(e) Moneys in the Water Development Fund are
			 or will be available for the construction of the proposed water development
			 project;
(f) There is a need for
			 the proposed project;
(g) The
			 proposed project is in the public interest;
(h) The applicant's financial resources are
			 adequate to provide the working capital needed to operate and maintain the
			 project;
(i) The construction cost
			 associated with any secondary use does not exceed the construction cost of the
			 primary use of the water development project;
(j) The project will not be in conflict with
			 any state or federal agency statutes or administrative rules; and
(k) The project meets the requirements
			 established in OAR 690-005-0045  (Standards for Goal Compliance and
			 Compatibility with Acknowledged Comprehensive Plans).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0035 - Notice and Public Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The director shall make public notice of each application within one week of
			 receipt and at least 14 days prior to the public meeting as provided in OAR
			 690-090-0019. The notice shall contain a summary of the application including
			 the names of the applicants, the location, nature and any new water
			 appropriations required by the proposed project.
(2) The notice shall be mailed to all persons
			 and organizations which have filed a written request for notices with the
			 department and shall be posted at the department.
(3) Individuals or groups wishing to comment
			 on an application shall do so to the director in writing within 14 days
			 following the date of mailing the notice if they wish their comments to be
			 considered.
(4)
(a) The director shall call a public meeting
			 on an application as provided in OAR 690-090-0019.
(b) Such meeting shall be conducted according
			 to procedures described in ORS Chapter 192 and OAR 690-090-0019.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0036 - Fees and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				541.710(2) and
				ORS 541.730(2), the
				applicant shall pay the commission for costs incurred in connection with the
				application and administrative expenses incurred in operating the loan program.
				Applicants shall pay the following charges:
(1) An application fee as fixed by statute.
			 As used in this rule, "application" shall include requests to assume, transfer
			 or increase an existing loan.
(2) A
			 loan processing fee initially set at $1,000 or one percent of the loan request,
			 whichever is greater, up to $10,000, or such other amount as may be established
			 by order of the commission. The fee shall be used to reimburse the director for
			 costs incurred in connection with processing the loan request but may not
			 constitute the full amount due. Such costs shall include, but are not limited
			 to, loan processing cost including staff time, credit reports, appraisal fees,
			 technical reviews, expert advice, legal fees, inspections and disbursement
			 costs. After the director has been reimbursed for all costs related to
			 processing the loan, the applicant shall be reimbursed any funds remaining
			 without interest. In the event the loan processing fee and the application fee
			 referred to in this subsection are inadequate to cover the cost of processing
			 the loan, the director shall advise the applicant of the additional amounts
			 needed to complete loan processing and the applicant shall submit that amount
			 at such time as the director specifies.
(3) Administrative expenses incurred in
			 administering the loan, in excess of any fees and charges, shall be collected
			 through interest and any other charges specified in the loan contract executed
			 by the applicant and the director in accordance with ORS
			 541.730(2).
(4) The interest rate on a loan shall be that
			 rate in effect for the type and size of loan on the date of the note or other
			 evidence of indebtedness. However, an interest rate set in an executed loan
			 commitment shall not be increased without either the applicant's consent or
			 provisions therefore in the loan contract. Revolving loan contracts may provide
			 for rates to be changed upon issue of permanent bonds.
Stat. Auth.: ORS 541
Stats. Implemented: ORS
				  541.710 & ORS
				  541.730
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0038 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 director rejects a loan application or approves a loan amount different than
			 that requested by the applicant, the applicant may file an appeal to the
			 commission. The commission may reverse, modify or affirm the director's action
			 on the loan application.
(2) An
			 appeal of the director's action shall be initiated by the applicant no later
			 than 30 days after the applicant receives notice of the director's action under
			 ORS 541.710 or
			 541.720.
Stat. Auth.: ORS 541
Stats. Implemented: ORS
				  541.710 & ORS
				  541.720
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0040 - Closing of the Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Arrangements for repayment of a loan shall be made by the applicant and the
			 director.
(2) The loan contract
			 shall set forth the repayment schedule. The repayment schedule shall:
(a) Include the amortization of the principal
			 plus interest and provide for full repayment of the loan within 30 years or the
			 life of the project, from the date of the first payment, whichever occurs
			 first; and
(b) Provide for
			 commencement of repayment by the applicant of moneys used for construction and
			 interest thereon not later than two years after the date of the loan contract
			 or at such other time as the director may provide.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0045 - Issuance of Bonds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests to
			 issue bonds to finance water development loans may be made to the State
			 Treasurer by the commission as the commission finds necessary.
(2) The director shall act on behalf of the
			 commission at bond sales to accept or reject bid offerings on bonds to finance
			 water development loans.
Stat. Auth.: ORS 183 & ORS 541
Stats. Implemented: ORS
				  541.780 - ORS
				  541.815
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0050 - Loan Servicing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director or the director's designee may conduct periodic inspections of water
			 projects.
(2) The director shall
			 issue to the borrower satisfactions of mortgage or liens as appropriate when
			 the accounts or liens are paid in full.
(3) The director may negotiate for the
			 release and exchange of security as required to maintain the solvency of the
			 project and program.
(4) The
			 director may purchase personal property insurance as needed to protect security
			 and may add the cost of such insurance to the borrowers' account to the extent
			 allowed in the loan documents.
Stat. Auth.: ORS 183 & ORS 541
Stats. Implemented: ORS
				  541.730 - ORS
				  541.740
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0055 - Collection of Delinquencies

Current through Register Vol. 63, No. 7, July 1, 2024
The director may use any of the following methods to collect
				delinquent accounts, unless otherwise precluded by specific loan contract
				provisions:
(1) Establish and impose a
			 late charge as provided for in the individual loan agreements, contracts, or as
			 negotiated in extension agreements.
(2) Enter into extension agreements as
			 allowed by the loan agreement, bond indentures, and opinions of the Attorney
			 General.
(3) Issue a demand letter
			 at default as determined by the loan agreement or the note and mortgage. At
			 expiration of the demand letter the director may:
(a) Refer the file to the Oregon Department
			 of Justice for legal action; and
(b) Accept an estoppel deed in lieu of
			 foreclosure after determining that it is in the best interest of the State to
			 do so.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0060 - Property Management

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may initiate any of the following actions in order
				to protect the State's interest in property owned by the Fund:
(1) Enter into service contracts to establish
			 value of security for the management of farm operations, servicing, repairing
			 and securing personal property.
(2)
			 Enter into federal subsidy contract programs.
(3) Advertise state-owned property for sale
			 in the appropriate media.
(4)
			 Accept or reject offers to purchase property held by the Fund and extend
			 counteroffers.
(5) Provide warranty
			 deeds, bargain and sale deeds, or satisfactions of mortgage, as
			 appropriate.
(6) Establish interest
			 rates that will be required on contracts of sale of state-owned
			 property.
(7) Negotiate Commodity
			 Certificates issued by federal subsidy programs.
(8) Reserve mineral rights as defined in ORS
			 273 .775(1) and geothermal rights as defined in ORS 273 .775(2).
(9) Make claims of risk management as
			 appropriate for losses to state-owned property under Department of General
			 Services guidelines.
(10) Enter
			 into lease, lease purchase, or rent agreements.
(11) Sell or release property as necessary to
			 provide for the solvency of the Fund.
(12) Apply for, transfer, abandon, or sell
			 water rights on state-owned property as allowed by governing statutes and
			 rules.
(13) Extend a grace period
			 as appropriate for late payments.
Stat. Auth.: ORS 183 & ORS 541
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 690-093 is to establish a means for state
				government to support the development of water resource projects having
				economic, environmental and community benefits. The rules establish procedures
				and requirements for the funding of water resources projects from the Water
				Supply Development Account established in ORS
				541.656.
Stat. Auth.: ORS
				  541.651 -
				  541.696
Stats. Implemented: ORS
				  541.651 -
				  541.696
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to this division of the
				rules:
(1) "Collateral" means the
			 security pledged for the payment of a loan.
(2) "Commission" means the Water Resources
			 Commission.
(3) "Conserved Water"
			 means that amount of water that results from conservation measures, measured as
			 the difference between:
(a) The smaller of
			 the amount stated on the water right or the maximum amount of water that can be
			 diverted using the existing facilities; and
(b) The amount of water needed after
			 implementation of conservation measures to meet the beneficial use under the
			 water right certificate.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0030 - Authorized Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may expend moneys from the Water Supply Development Account for:
(a) Subject to subsection (3) of this
			 section, making loans and grants to evaluate, plan and develop instream and
			 out-of-stream water development projects approved by the Water Resources
			 Commission, including but not limited to projects that:
(A) Repair or replace infrastructure to
			 increase the efficiency of water use;
(B) Provide new or expanded water storage;
(C) Improve or alter operations of
			 existing water storage facilities in connection with newly developed water;
(D) Create new, expanded, improved
			 or altered water distribution, conveyance or delivery systems in connection
			 with newly developed water;
(E)
			 Allocate federally stored water;
(F) Promote water reuse;
(G) Promote water conservation;
(H) Provide streamflow protection or
			 restoration;
(I) Provide for water
			 management or measurement in connection with newly developed water; and
(J) Determine seasonally varying
			 flows in connection with newly developed water.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0040 - Loan and Grant Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Parties eligible for a loan or grant
			 under these rules include persons, Indian tribes, and non-profit organizations.
(2) If an applicant is required to
			 have a water management and conservation plan as prescribed by a condition of a
			 water use permit; a permit extension; or another order or rule of the
			 Commission, the plan must be submitted to the Water Resources Department and
			 receive approval prior to Department acceptance of an application for a loan or
			 grant from the account.
Stat. Auth.: ORS
				  541.651 -
				  541.696
Stats. Implemented: ORS
				  541.651 -
				  541.696
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0050 - Pre-Application Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 pre-application conference may be requested by prospective applicants.
(2) The Department may request,
			 and the applicant must provide 14 days prior to the conference, adequate
			 project information to prepare for the pre-application conference.
(3) At the pre-application conference, the
			 Department shall inform the prospective applicant of:
(a) The procedural and substantive
			 requirements of a loan or grant application;
(b) The scoring system used to evaluate loan
			 and grant requests; and
(c) Any
			 known issues associated with project eligibility for a loan or grant from the
			 account.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0060 - Application Submission Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall accept an application for a loan or grant at any time, but
			 shall establish a yearly deadline for the consideration of a pool of
			 applications.
(2) The Department
			 will conduct a preliminary review of the application for completeness,
			 eligibility and for sufficiency of information to determine benefits and
			 outcomes as listed in OAR 690-093-0090  Scoring and Ranking and OAR 690-093-0100  Project Selection.
(3)
			 Applications not funded during one annual period may be resubmitted in a future
			 period.
Stat. Auth.: ORS
				  541.651 -
				  541.696
Stats. Implemented: ORS
				  541.651 -
				  541.696
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0070 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications for a loan or grant from the Water Supply Development Account must
			 be in a form prescribed by the Water Resources Department and must include the
			 following:
(a) A description of the need,
			 purpose and nature of the project, including what the applicant intends to
			 complete and how the applicant intends to proceed;
(b) Sufficient information to allow
			 evaluation of the application based upon the public benefit scoring and ranking
			 of the project;
(c) Current
			 contact information for the principal contact, fiscal officer and involved
			 landowners;
(d) For applications
			 involving physical changes or monitoring on private land, evidence that
			 landowners are aware of and agree to the proposal and are aware that monitoring
			 information is a public record;
(e) The location of the proposed project,
			 using public land survey reference points, latitude and longitude, county,
			 watershed, river and stream mile, if appropriate;
(f) An itemized budget for the project,
			 including fiscal and administrative costs;
(g) A description of funds, services or
			 materials available to the project;
(h) A project schedule, including beginning
			 and completion dates;
(i) Any
			 conditions that may affect the completion of the project;
(j) A completed feasibility analysis if
			 appropriate;
(k) Suggestions for
			 interim and long-term project performance benchmarks;
(l) If the application is for a grant,
			 demonstrated in-kind and cash cost match of not less than 25 percent of the
			 amount of the grant sought from the account;
(m) If the application is for a loan,
			 evidence demonstrating ability to repay the loan and provide collateral;
(n) Letters of support for the
			 proposed project;
(o) If required
			 by the Department, a description of consultations with affected Indian tribes
			 regarding the project; and
(p) Any
			 other information required by the Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0080 - Public Comment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall provide public notice and a 60-day period for public comment
			 prior to initial scoring by the Technical Review Team by posting applications
			 passing an initial review on the Department's website.
(2) Additional public comment will be sought
			 by the Commission after rankings are published and prior to a final decision on
			 an application.
Stat. Auth.: ORS
				  541.651 -
				  541.696
Stats. Implemented: ORS
				  541.651 -
				  541.696
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0090 - Scoring and Ranking; Funding Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The primary elements in the process of
			 scoring and ranking of applications include the following:
(a) Initial review for completeness by the
			 Department;
(b) Public comment;
(c) The Technical Review Team
			 conducts the initial scoring and ranking for the projects, considers comments
			 from applicants and the public and makes loan and grant funding recommendations
			 to the Commission; and
(d) The
			 Commission determines the final scoring and ranking of projects, provides for
			 additional public comment, and makes the final decision regarding which
			 projects are awarded loans or grants from the account.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0100 - Project Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission shall select projects for funding which have the greatest public
			 benefit and will achieve the outcomes listed in subsection (3) of this section.
(2) Project evaluation shall
			 include:
(a) The public benefit in three
			 categories:
(A) Economic;
(B) Environmental; and
(C) Social or cultural.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0110 - Water Dedicated Instream for Certain Above-Ground Storage Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this section "dedicated instream" has the same meaning as
			 "protected instream" as defined in OAR 690-093-0020(13).
(2) The recipient of a grant for the
			 development of a new or expanded above-ground storage facility (reservoir) that
			 impounds surface water on a perennial stream; diverts water from a stream that
			 supports state or federally listed sensitive, threatened or endangered fish
			 species; or diverts more than 500 acre-feet of water annually must dedicate 25
			 percent of the newly developed water to instream use.
(3) To meet the requirements of subsection
			 (2) of this section, dedicated water from projects may come from any
			 combination of newly developed water and other sources and may be released or
			 transferred instream at other locations in the tributary if the Department
			 determines as provided under ORS
			 540.530 that the alternate
			 location would not injure existing water rights and, in consultation with the
			 State Department of Fish and Wildlife, determines that the alternate location
			 would provide greater or equal environmental benefit. The Water Resources
			 Department, in consultation with the State Department of Fish and Wildlife,
			 shall determine the timing of the flows to maximize instream benefits in a
			 manner consistent with public health and safety.
(a) Other sources of water as identified in
			 this subsection include but are not limited to water released from another
			 reservoir and protected under a secondary water right for instream use or a
			 water right transferred instream under OAR chapter 690 Division 77 through a
			 permanent instream transfer or a time limited instream transfer that has a term
			 that is consistent with subsection 3(c) of this section.
(b) To establish that a project complies with
			 subsection (2) of this section, the grant recipient may include water dedicated
			 to instream use as a result of the conditions of federal, state or local
			 permits for the project.
(c) Other
			 sources of water to meet the requirement of subsection (2) of this section
			 shall be legally protected instream for the life of the project for which grant
			 funds were used.
(d) The
			 Department shall protect water dedicated to instream use under this subsection
			 consistent with the priority of the dedicated water source.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0120 - Demonstration of Public Benefits of Project

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A project that receives a loan or grant
			 from the Water Supply Development Account must:
(a) Demonstrate social or cultural benefits
			 and economic benefits sufficient to qualify the project under the scoring and
			 ranking system described in OAR 690-093-0090; and
(b) Except as otherwise provided in ORS
			 541.681, demonstrate
			 environmental benefits:
(A) By dedicating 25
			 percent of conserved water or newly developed water, that will be protected by
			 the Department, to instream use; or
(B) By demonstrating environmental benefits
			 that are sufficient to qualify the project under the scoring and ranking system
			 described in OAR 690-093-0090.