Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0025 - Criteria and Procedure for Determining Public Benefit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining public benefits, the
			 Director, acting for the Commission, shall request data and information from
			 appropriate others. The Director shall recommend to the Water Resources
			 Commission the dollar amount of public benefit based on a comparison of the
			 cost to provide the benefit and the value of the benefit.
(2) The amount of public benefit recommended
			 for partial repayment to the project shall not exceed the cost of providing the
			 benefit.
(a) Criteria for determining public
			 benefit:
(A) The applicant shall submit to the
			 Director a summary report of the water project which shall contain, but not be
			 limited to, a description of the project and its operation, a breakdown of
			 project costs by purpose, the dollar benefits of each project purpose, the
			 source of funds for each project purpose and the dollar amount of the public
			 benefits requested;
(B) All public
			 benefits claimed in an application for payment shall be quantified;
(C) Public benefits for which payment is
			 requested may be of local or statewide significance;
(D)
(i)
			 Payment for public benefits that have already occurred in a constructed project
			 may be requested if the application is made within five years of the date of
			 beginning of construction of the project;
(ii) Payment for public benefits planned in a
			 proposed project may be requested if the application is made prior to the
			 beginning date of construction of the project;
(iii) For projects planned or constructed
			 after the effective date of these rules, public benefits shall be identified
			 and applied for in advance of construction or within one year of the beginning
			 of construction or within one year of the date of issuance of a water right
			 permit required for the project.
(E)
(i)
			 Public benefits claimed for recreation facilities shall be evaluated taking
			 into consideration the Statewide Comprehensive Outdoor Recreation Plan of the
			 Department of Transportation;
(ii)
			 If the Project providing public benefit requires a Federal Energy Regulatory
			 Commission permit, only those recreation benefits over and above those required
			 in the federal permit or license are eligible as a reimbursable public
			 benefit.
(F) Pollution
			 abatement in a stream at a specific treated waste discharge location is the
			 responsibility of the individual discharger and is not eligible to be claimed
			 as a public benefit for payment, even though water to meet the discharge
			 standard is provided by the water project;
(G) Water released from a project to abate
			 pollution at a downstream location may provide a public benefit in the stream
			 reach between the project and the downstream location. If quantifiable, the
			 dollar amount of such releases may be requested for payment;
(H) Water provided by a project to meet
			 minimum streamflows for aquatic life adopted by the Commission or recommended
			 for adoption by the Director, may be considered a public benefit and the dollar
			 value of such water, if quantifiable, may be requested for payment.