reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0130 - Seasonally Varying Flows

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this section "sufficient" information means enough scientific
			 information collected using standard biological, hydrologic, or hydraulic
			 methods to develop the recommended flow prescription.
(2) The Department shall make a determination
			 as provided under subsection (3) of this section if an application for a loan
			 or grant is for a project that requires a water storage or aquifer recharge
			 permit or limited license for the storage of water outside of the official
			 irrigation season and:
(a) Impounds surface
			 water on a perennial stream;
(b)
			 Diverts water from a stream that supports state or federally listed sensitive,
			 threatened or endangered fish species; or
(c) Diverts more than 500 acre-feet of
			 surface water from October 1 through September 30 of a given year.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0150 - Agreements and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before loan or grant moneys are expended from the Water Supply Development
			 Account for the construction of a project, the recipient must obtain all
			 applicable local, state and federal permits.
(2) Project materials must include a notation
			 indicating that Water Resources Department funding was used for the project.
(3) The loans or grants may be
			 conditioned to require that the recipient complete and operate the funded
			 project as described in the loan or grant application. The Department may
			 require that before commencing the operation of a project funded with account
			 moneys, the funding recipient demonstrate that the public benefits identified
			 for the project, including any environmental benefits proposed at a location
			 other than the project site, will be realized in a timely fashion.
(4) At regular intervals, and upon completion
			 of the project, the loan or grant recipient must submit updates to the
			 Department that describe the completed work, the public benefits achieved and
			 project expenditures.
(5) The
			 recipient must regularly measure and report the water diverted and used from
			 the project. The Department shall make the final determination regarding the
			 method, timing, frequency and location of measurement.
(6) The recipient must monitor, evaluate and
			 maintain the project for the life of the loan, or for a specified number of
			 years for a grant, and provide annual progress reports to the Department.
(7) The Department may impose
			 other project specific conditions by noting the conditions during project
			 evaluation and including the condition in the funding agreement for the
			 project.
(8) The Department may
			 terminate, reduce or delay funding for a project if the loan or grant recipient
			 fails to comply with any provision of subsections (1) to (7) of this
			 section.
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 690-093-0160 - Authority of the Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director is authorized by the Commission to enter into agreements with
			 applicants who have been awarded a grant or loan by the Commission.
(2) The Director may:
(a) Contract with regulated lenders, state or
			 federal agencies or others to provide services to the program.
(b) Take such steps as are needed to:
(A) Ensure repayment or recovery of loan
			 funds; and
(B) Prevent project
			 funds from being diverted from the originally approved purpose.
(c) Delegate to staff, in writing,
			 authority to approve, deny, or amend agreements consistent with these rules.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0170 - Loan Interest Rates and Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interest on loans shall be at reasonable
			 rates as determined by the Commission.
(2) Loan repayment terms shall be for no more
			 than 50 years and shall not exceed the estimated lifespan of the
			 project.
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 690-093-0180 - Loan Closing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Commission approves a loan, the Department and the applicant or applicants
			 shall enter into an agreement for repayment; arrangements for repayment shall
			 be made by the applicant and the Director.
(2) The loan agreement 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 50 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 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0190 - Standards for Security of Loans

Current through Register Vol. 63, No. 7, July 1, 2024
Loans shall not be approved unless:
(1) The applicant demonstrates and the
			 Department finds that the loan will comply with all requirements of the
			 Department and any applicable federal and state requirements.
(2) The Director determines that the
			 applicant meets the following standards:
(a)
			 Demonstrated revenues or other resources available to:
(A) Repay the loan in accordance with its
			 terms; and
(B) Provide for the
			 continued operation and maintenance of the project.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 93 - WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM › Section 690-093-0200 - Program Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Water
			 Resources Department shall review the loan and grant program on a biennial
			 basis to assess to what extent the outcomes described in ORS
			 541.677 are being achieved, and
			 shall report the review findings to the Water Resources Commission.
(2) The Commission shall modify the project
			 selection process as necessary to better achieve the outcomes described in ORS
			 541.677.
Stat. Auth.: ORS
				  541.651 -
				  541.696
Stats. Implemented: ORS
				  541.651 -
				  541.696
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0005 - Purpose, Statutory Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Water Development Fund [Article
			 XI-I(1), Constitution of Oregon] provides financing for loans for the
			 construction of water development projects for irrigation, drainage, fish
			 protection, watershed restoration and municipal uses and for the acquisition of
			 easements and rights of way for water development projects authorized by
			 law.
(2) These rules establish
			 procedures and standards for administration of the Columbia River Basin Water
			 Development Loan Program to provide for loans that have a high probability of
			 repayment and are adequately secured in the event of default. The Columbia
			 River Basin Water Development Loan Program implements provisions of Chapter
			 907, Oregon Laws 2009 related to loans to finance water development projects in
			 the Columbia River Basin and various provisions of ORS Chapter 541, as amended
			 by Chapter 907. These rules are authorized by ORS
			 541.646 and ORS Chapter
			 183.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0015 - Eligibility: Applicant and Project

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible, an applicant must be a
			 qualified water developer seeking to finance a water development project in the
			 Columbia River Basin under the loan program.
(2) To be eligible, projects shall meet the
			 definition of a "water development project" as defined in ORS
			 541.600.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0020 - Eligible Costs

Current through Register Vol. 63, No. 7, July 1, 2024
The department shall determine the eligible costs during the
				pre-application conference or the loan review process. Subject to these rules,
				a loan may be approved to pay the "startup costs" relating to a water
				development project. "Startup costs" must be allowable as capital costs or
				reimbursable costs that may be financed with federally tax-exempt bonds under
				the Internal Revenue Code and may include, but are not limited to:
(1) The costs of buying or otherwise
			 acquiring, constructing, installing, rehabilitating or reconstructing a water
			 development project, including site costs and acquisition of water rights
			 relevant to the project;
(2) The
			 costs of obtaining a loan from the department under these rules;
(3) Design and engineering costs;
(4) The costs to acquire licenses and permits
			 for a water development project;
(5) Reserves, interest costs related to
			 construction or interim financing;
(6) Grant matching funds or other costs of
			 funds needed for a water development project; and
(7) Costs for preparation of claim of
			 beneficial use and costs incurred up to and including obtaining applicable
			 water right certificates and limited licenses.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0025 - Ineligible Costs

Current through Register Vol. 63, No. 7, July 1, 2024
The director may not issue a loan to provide assistance for
				'on-going' operation or maintenance costs of a water development project. A
				loan may not be used to pay any capital costs incurred prior to execution of
				the loan document without prior approval of the director.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0030 - Authority of Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Loans
			 over three million dollars that meet the statutory requirements of ORS
			 541.600 through
			 541.855 and these rules may only
			 be approved by the commission.
(2)
			 The director is authorized by the commission to approve loans under three
			 million dollars that meet the statutory requirements of ORS
			 541.600 through
			 541.855 and these rules;
			 approve, deny, amend, or set conditions of loans; establish loan interest
			 rates; execute bond and loan documents; and sign all loan documents.
(3) The director shall:
(a) Give a periodic written report on all
			 loan activity to the commission;
(b) Assess each project in consultation with
			 the State Department of Fish and Wildlife, the State Parks and Recreation
			 Department, the Department of Environmental Quality and affected tribal
			 governments, and notify other interested parties who may be consulted, as
			 deemed appropriate. If a project may affect agricultural use, the department
			 shall also assess the project in consultation with the State Department of
			 Agriculture; and
(c) Take such
			 steps as are needed to recover loan funds and prevent their misuse, or to
			 prevent loan funds from being diverted from the originally approved
			 purpose.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0035 - Loan Advisory Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director may appoint a loan advisory board to review applications made under
			 the loan program and pursuant to these rules make recommendations thereon to
			 the director. The scope of application review shall be limited to the adequacy
			 of security, the potential for repayment, and economic feasibility of the
			 project. Members shall be knowledgeable and experienced in the fields of
			 banking, finance, economics, or related field. The members appointed to the
			 board shall be subject to the approval of the commission.
(2) After its review, the loan advisory board
			 shall advise the director in writing and recommend the amount in which any loan
			 should be made. The director may accept, modify or reject the recommendation of
			 the loan advisory board.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0040 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 for loans to fund water development projects in the Columbia River Basin shall
			 be filed under these rules and pursuant to ORS
			 541.600 through
			 541.855. The terms used in the
			 application shall have the meanings given in these rules, ORS
			 541.600 and
			 541.700.
(2) Loan applications shall be submitted in
			 the manner and format and contain or be accompanied by any and all information
			 as prescribed by the commission and required by the department.
(3) If an application submitted under this
			 rule lacks any information required by the department, the department may
			 reject the application or require the applicant to submit additional
			 information.
(4) It is recommended
			 that potential applicants contact the director for a pre-application conference
			 prior to submitting an application. The director or designee may give advice on
			 a loan before an application is submitted and may advise whether the proposed
			 project appears to comply with these rules, whether funds are likely to be
			 available under the loan program, and which costs may be eligible for financing
			 through a loan. Any such advice, however, does not constitute a loan approval
			 or any other binding commitment.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0045 - Public Notice and Review Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of an application that the
			 director determines is complete in accordance with these rules, the director
			 will provide public notice of the application by posting it on the department
			 website for 60 days beginning with the date the department determines the
			 application is complete. The notice shall contain a summary of the application
			 including the names of the applicant, the location, purpose of the loan, and
			 other relevant information.
(2) The
			 public may comment on the posted application by submitting comments as directed
			 by the department on its website. The director need not respond to the
			 commentator or the applicant in connection with any submitted comments. The
			 director will determine the weight, if any, to be given to submitted comments
			 in its evaluation of an application.
(3) The director shall begin review of a
			 completed application no later than 60 days after receiving the completed
			 application. The review shall comply with requirements of OAR 690-095-0050,
			 these rules and any other requirements made by the department, and shall be
			 done in a timely basis as determined by the director.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0050 - Criteria for Granting a Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Loans shall not be approved unless:
(a) The
			 applicant demonstrates and the department finds that the loan will comply with
			 the
requirements of Article XI-I
(1) of the Oregon Constitution, ORS
			 541.600 to
			 541.855, and any
applicable federal and state requirement.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0055 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 director rejects an application or approves a loan amount different than that
			 requested by the applicant, the applicant may file an appeal to the commission.
			 The commission, upon making a finding, may reverse, modify or affirm the
			 director's action on the application.
(2) An applicant must file a written request
			 for an appeal of the director's action; the written request shall be received
			 by the department on or before the thirtieth (30th) day after the date of the
			 written notice to the applicant of the director's action on the
			 application.
(3) An appeal of a
			 decision of the commission as a final order of the agency as authorized under
			 ORS Chapter 183.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0060 - Loan Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director
			 shall require repayment of an approved loan to be secured by a first priority
			 lien or by other good and sufficient collateral as described in ORS
			 541.740, as applicable to the
			 applicant. The director, in his or her discretion, using the information in an
			 application and any other information available, will determine the security
			 value of the collateral provided under the loan document.
(2) An applicant may demonstrate adequate
			 security or good and sufficient collateral if:
(a) The applicant has ad valorem taxing power
			 that it has exercised and pledged to secure the loan;
(b) The applicant is an individual,
			 profit-making partnership or corporation or non-profit corporation subject to
			 ORS Chapter 65 whose principal income is from farming in Oregon, the loan shall
			 be secured by a mortgage or security agreement in the full amount of the loan
			 and the loan amount does not exceed 70 percent of the appraised value of the
			 security for the loan; or
(c) The
			 applicant is a qualified water developer that is not an individual,
			 profit-making partnership or corporation or non-profit corporation subject to
			 ORS Chapter 65, security may include:
(A)
			 First lien to the State of Oregon attached to the real property of the water
			 developer, and the user charges owed to or received by the water
			 developer;
(B) A lien attached to
			 all real property whether owned by the water developer or others, which is
			 served by the water development project or which is served by a water source
			 enhanced or restored by the water development project; or
(C) An agreement entered into by the water
			 developer wherein assessments, user charges or other revenue is pledged for
			 security of loan repayment and that such revenue shall be maintained at no less
			 than 125 percent of the debt service on the loan.
(d) The commission determines, in
			 consultation with the State Treasurer, that such other good tendered as
			 collateral by the applicant is "sufficient" collateral to secure the loan
			 instead of, or in addition to, a lien.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0065 - Interest Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director
			 shall consult the State Treasurer before setting the interest rate on a loan in
			 order to determine that the interest rate on the loan is sufficient to pay all
			 costs associated with the bond issuance and expenses incurred in issuing the
			 bonds.
(2) If the bonds have been
			 sold, the director will set the interest rate paid under a loan
document at a rate that is at least equal to the interest rate
				paid to bondholders and is sufficient to pay the State of Oregon for:
(a) The administrative expenses incurred by
			 the department, the State Treasurer and any other agency of the state in
			 connection with the issuance of the bonds and the loan program;
(b) Any costs related to administration of
			 the bonds, including but not limited to the costs of any credit enhancement for
			 the bonds and the establishment of the Water Development Administration and
			 Bond Sinking Fund reserves; and
(c)
			 An amount to be deposited to the Water Development Fund for the purpose of
			 increasing the amount available for loans from that fund.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0070 - Loan Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The loan
			 contract shall contain the provisions required by Section 26(3) and (4) of
			 chapter 907, Oregon Laws 2009, any provisions the director considers necessary
			 to ensure expenditure of the loan proceeds for the purposes set forth in the
			 approved application and any other provisions required by law or that the
			 director determines are necessary to ensure timely repayment of the
			 loan.
(2) Where the applicant is a
			 water developer described in ORS
			 541.700(7)(e) through
			 (o), the water developer shall represent and
			 warrant in the loan contract that it is fully authorized to, and does, grant
			 the State of Oregon, the liens required under the loan program and that
			 granting the lien will not violate or conflict with any other agreement, pledge
			 or contract to which the water developer is a party, or with any decree, order
			 or judgment of any competent tribunal to which the water developer is
			 subject.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0075 - Conditions to Disbursement of Loan Funds

Current through Register Vol. 63, No. 7, July 1, 2024
The director shall withhold payment of funds under a loan
				contract until any necessary federal and state environmental impact approval
				processes have been completed for the project and any relevant approvals and
				permits from any regulatory authority pertaining to the construction or
				operation of the project have been obtained.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0080 - Fees and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the time
			 an applicant first submits any part of an application with the department, the
			 applicant must pay an application fee equal to the lesser of 0.10 percent of
			 the requested loan amount or $2,500.
(2) The director may require the applicant to
			 pay for costs that exceed the initial application fee if the director
			 determines that the costs are incurred solely in connection with processing the
			 application. Before in-curring the additional costs, the director will advise
			 the applicant of the additional costs to be paid by the applicant.
(3) An applicant seeking a loan for a
			 qualified water development project that is for fish protection or for
			 watershed enhancement may be assessed a reduced fee as determined by the
			 director when the applicant first submits any part of an application with the
			 department.
(4) In addition to any
			 other fee or charge, the commission may charge a loan processing fee, not to
			 exceed one percent of the loan amount.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0085 - Issuance of Bonds

Current through Register Vol. 63, No. 7, July 1, 2024
Bonds may be issued at the request of the director and
				administered as provided in ORS chapter 286A and
				541.780 to
				541.840. Bonds may be issued
				prior to and after the execution of any loan contracts entered into with
				respect to the bonds.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0090 - Loan Servicing

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR 690-090-0050  apply to loans and loan
				contracts entered into under the loan program and these
				rules.
Stat. Auth: ORS
				  536.027 &
				  541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0095 - Collection of Delinquencies

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR 690-090-0055  apply to loans and loan
				contracts entered into under the loan program and these
				rules.
Stat. Auth: ORS
				  536.027 &541.646
Stats. Implemented: ORS 541-600 -
				  541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 95 - COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM › Section 690-095-0100 - Property Management

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR 690-090-0060  apply to loans and loan
				contracts entered into under the loan program and these
				rules.
Stat. Auth: ORS
				  536.027; ORS
				  541.646
Stats. Implemented: ORS 541-600-541.646
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 541.830 and
			 542.075 authorize the
			 Legislative Assembly to partially fund water development projects which afford
			 public benefits, in proportion to those benefits. This legislation was enacted
			 in 1981.
(2) These rules provide
			 the procedure for determining eligibility, applying for payment, determining
			 public benefits and for the Water Resources Commission's recommendation to the
			 Governor and the Legislative Assembly.
Stat. Auth.: ORS 541 & ORS 542
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Affected local
			 government" means any local government, as defined in OAR
			 690-005-0015, within
			 whose jurisdiction water is or would be diverted, conveyed, or used in
			 conjunction with a proposed or financed project.
(2) "Director" -- The director of the Water
			 Resources Department or in his absence or inability to act, his
			 designee.
(3) "Legislative
			 Assembly" -- Regularly scheduled Legislative Assembly or the Emergency Board
			 acting for the full assembly during interims between legislative
			 sessions.
(4) "Significant Public
			 Benefit" -- Synonymous with Public Benefit.
(5) "Public Benefit" -- The identifiable
			 benefit of a water development project which contributes to the general
			 well-being or enjoyment of the citizens of the State of Oregon, including, but
			 not limited to, the maintenance or improvement of the following:
(a) Aquatic life;
(b) Wildlife;
(c) Public recreation facilities;
(d) Environmental enhancement;
(e) Riparian (streamside)
			 enhancement;
(f) Flood
			 control;
(g) Pollution
			 abatement;
(h) Watershed
			 management;
(i) Esthetic
			 enhancement;
(j) Instream habitat
			 improvement;
(k) Streamflow
			 augmentation;
(l) Groundwater
			 recharge.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0015 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 to apply for partial repayment of a project financed under the Water
			 Development Loan Program, an applcant shall meet the definition of a Water
			 Developer, as stated in ORS
			 541.700.
(2) Any sponsor of a Proposed Project as
			 defined in these rules is eligible for partial repayment of a water development
			 project affording a public benefit.
Stat. Auth.: ORS 541 & ORS 542
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0020 - Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Information required in the application shall be in the format
				specified by the Water Resources Commission. The application shall include, but
				not be limited to, the following:
(1)
			 A description of the project, in summary form, which identifies each project
			 purpose and the geographical location of the project.
(2) A map which shows the project in relation
			 to the U.S. Public Land Survey as well as political boundaries such as cities
			 and counties.
(3) An identification
			 of the reimbursable public benefits requested for funding, stating the benefit
			 and the dollar amount of its value, and description of methods used to compute
			 the value.
(4) An allocation of all
			 of the costs of the project by purpose.
(5) A feasibility study for the construction,
			 operation and maintenance of the project.
(6) A financing plan which details project
			 funding sources as well as repayment capability.
(7) An environmental assessment report which
			 identifies and evaluates both the positive and negative impacts of the project
			 as related to public benefits.
(8)
			 Land use information as outlined in the Department's Land Use Planning
			 Procedures Guide.
(9) Any other
			 information or data required by the Commission.
Stat. Auth.: ORS 197, ORS 536, ORS 541 & ORS 542
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0030 - Commission's Recommendation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission, with the approval of the Governor, shall recommend to the
			 Legislative Assembly funding of water development projects in proportion to the
			 public benefits offered.
(2) The
			 Commission's recommendation shall contain:
(a)
			 A description of the water development project, including the location and all
			 of the purposes served by the project;
(b) An identification of the public benefits
			 afforded by the project, the dollar amount associated with those benefits and
			 the cost of providing the public benefits;
(c) The amount of repayment recommended to
			 the Legislative Assembly for funding;
(d) Any conditions placed on the project and
			 project sponsors in exchange for funding by the State of Oregon;
(e) A compliance agreement which, upon
			 legislative approval, binds project sponsors to the terms and conditions
			 imposed by the Legislative Assembly.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0035 - Disbursement of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any funds
			 appropriated by the Legislative Assembly for partial repayment of a financed
			 water development project shall be deposited in the Water Development
			 Administration and Bond Sinking Fund. The Director shall, upon satisfactory
			 completion of the project, disburse such funds to the project sponsor. The
			 Commission shall be the final judge of satisfactory completion of the
			 project.
(2) Any funds appropriated
			 by the Legislative Assembly for the partial repayment of a proposed water
			 development project shall be deposited in a separate account with the Water
			 Resources Department. The Director shall, upon satisfactory completion of the
			 project, disburse such funds to the project sponsor. The Commission shall be
			 the final judge of satisfactory completion of the project.
Stat. Auth.: ORS 541 & ORS 542
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0040 - Compliance Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 compliance agreement, in preliminary form, shall be submitted to the
			 Legislative Assembly as part of the Commission's Recommendation. The agreement
			 shall, among other things, set forth the length of time the project is to be
			 operated and maintained for public benefit. After approval by the Legislative
			 Assembly, the compliance agreement shall be written in final form and executed
			 by the project sponsor.
(2) The
			 Director shall be responsible for administering the terms of the compliance
			 agreement.
Stat. Auth.: ORS 541 & ORS 542
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 100 - PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS › Section 690-100-0045 - Public Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission shall make public notice of each application for partial repayment
			 of a project which shall contain a summary of the application including the
			 names of the applicants, the location, nature of the project, and identify the
			 public benefit claimed.
(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
			 Water Resources Department.
(3)
			 Individuals or groups wishing to comment on an application shall do so to the
			 Commission in writing within 30 days following the date of mailing the
			 notice.
(4) The Commission shall
			 hold a public hearing on an application if requested to do so by ten or more
			 persons, or any organization with ten or more members, or any state agency if
			 written request is filed with the Director within 30 days from date of mailing
			 notice. Hearings shall be conducted according to procedures described in ORS
			 Chapter 183 and Division 1 of the Water Resources Department's Administrative
			 Rules.
Stat. Auth.: ORS 541 & ORS 542
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 190 - EXEMPT GROUNDWATER USE RECORDING REQUIREMENTS › Section 690-190-0005 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 describe the requirements under which the Oregon Water Resources Department
			 will administer and enforce the provisions of ORS
			 537.545 relating to the
			 recording of exempt groundwater use. Moneys from fees collected and deposited
			 to the credit of the Water Resources Department Water Right Operating Fund
			 shall be used for the purpose of evaluating groundwater supplies, conducting
			 groundwater studies, carrying out groundwater monitoring, processing
			 groundwater data and the administration and enforcement of ORS
			 537.545 and these
			 rules.
(2) These rules apply to:
(a) Any water supply well constructor or
			 permitted landowner with a landowner permit and bond that constructs a well to
			 allow groundwater use for purposes that are exempt under ORS
			 537.545.
(b) Each new well that is completed or
			 existing well that is converted to allow groundwater use for purposes that are
			 exempt under ORS 537.545. This includes wells
			 that are drilled to replace an existing well.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 190 - EXEMPT GROUNDWATER USE RECORDING REQUIREMENTS › Section 690-190-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Converting" has the same meaning as
			 defined in ORS 537.515(3).
(2) "Department" means the Oregon Water
			 Resources Department.
(3)
			 "Director" means the Director of the Oregon Water Resources
			 Department.
(4) "Recording" means
			 the filing of a map locating any new or converted well that is completed to
			 allow groundwater use for purposes that are exempt under ORS
			 537.545, and the fee, in the
			 amount established under 537.545, for each new or converted well that is
			 completed.
(5) "Landowner" means
			 the owner of land at the time a well(s) subject to these rules is
			 completed.
(6) "Well Completion"
			 means the end of construction date reported on the water supply well
			 report.
(7) "Well Identification
			 Number" means the stamped well number on the stainless steel label that is
			 attached to the well.
(8) "Water
			 Supply Well Constructor" means any person who has a current water supply well
			 constructor's license with a water supply well endorsement issued in accordance
			 with ORS 537.747(3) or
			 with a water supply well temporary authorization endorsement issued in
			 accordance with ORS 537.747(3), ORS
			 670.400, and ORS
			 670.403.
Statutory/Other Authority: ORS
				  536.027, ORS
				  537.505-537.795, ORS
				  670.400 & ORS
				  670.403
Statutes/Other Implemented: ORS
				  537.505-537.795, ORS
				  670.400 & ORS
				  670.403
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 190 - EXEMPT GROUNDWATER USE RECORDING REQUIREMENTS › Section 690-190-0100 - Recording Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The person licensed under ORS
				537.747 or permitted under ORS
				537.753(4) that
				constructs a well to allow groundwater use for a purpose that is exempt under
				ORS 537.545(1)
				shall submit the following to the Department, along with the well report
				required by ORS 537.765, no later than 30 days
				after well completion:
(1) A tax lot
			 map showing the location of the completed well on the property, that includes:
(a) A map reference number (Township, Range
			 and Section).
(b) Location of the
			 completed well by the latitude and longitude as established by a global
			 positioning system or with distances (north/south and east/west) indicated from
			 an identified property boundary, property corner or survey corner. Multiple
			 wells may be shown on one tax lot map.
(c) Location of well(s) in relation to
			 nearest driveway, access road and permanent structures.
(d) The direction of north marked on the
			 map.
(e) Well Identification Number
			 for each completed well.
(f) Street
			 address of the completed well if available.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 190 - EXEMPT GROUNDWATER USE RECORDING REQUIREMENTS › Section 690-190-0200 - Compliance and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Department determines that a water supply well constructor or permitted
			 landowner has not met the requirements of these rules, the Department shall
			 notify the water supply well constructor or permitted landowner of the specific
			 nature of the requirements that have not been met.
(2) The Department shall, within 120 days of
			 receipt of the map and fee, notify the water supply well constructor or
			 permitted landowner of the recording requirements that have not been
			 met.
(3) Failure to meet the
			 requirements of these rules may result in formal enforcement action(s). This
			 action(s) may include:
(a) Establishing a
			 specified time for bringing the water supply well constructor or permitted
			 landowner into compliance,
(b)
			 Assessment of a civil penalty following procedures outlined in OAR 690-225
			 rules for water supply well constructors and OAR 690-260 rules for permitted
			 landowners. Violations under these rules are considered Class III Minor
			 violations for permitted landowners and Minor violations for water supply well
			 constructors, or
(c) Any other
			 action authorized by law.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 200 - WATER SUPPLY WELL CONSTRUCTION STANDARDS: INTRODUCTION, GENERAL STANDARDS, AND DEFINITIONS › Section 690-200-0005 - Basis for Regulatory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The right to
			 reasonable control of the ground waters of the State of Oregon has been
			 declared to belong to the public. Through the provisions of the Ground Water
			 Act of 1955, ORS 537.505 to 537.795, the Water Resources Commission has been
			 charged with the administration of the rights of appropriation and use of the
			 ground water resources of the state and the prevention of waste and
			 contamination of ground water. This is primarily accomplished by the licensing
			 of well constructors and the promulgation of rules governing well construction,
			 alteration, abandonment, conversion, maintenance, and use. Ultimately the
			 landowner of the property where the well is constructed is responsible for the
			 condition, use, maintenance of setbacks, and abandonment of the well.
(2) The following rules apply to all wells
			 which are constructed for the purpose of locating or obtaining water as defined
			 in ORS 537.515(9) with the following exceptions:
(a) The construction, maintenance,
			 conversion, and abandonment of monitoring wells, geotechnical holes, and other
			 holes are regulated under OAR 690-240;
(b) Holes constructed under ORS Chapters 517,
			 520, 522, and rules promulgated from those statutes, are the responsibility of
			 the Oregon Department of Geologic and Mineral Industries and are not subject to
			 these rules. These include, but are not limited to, holes constructed for the
			 purposes of exploring for, or producing, petroleum, minerals, or geothermal
			 resources; and
(c) Underground
			 Injection Systems, which are regulated by the Oregon Department of
			 Environmental Quality under OAR 468B.
[NOTE: Table 200-1 lists common subsurface borings and
				indicates which administrative rule governs the construction, conversion,
				maintenance, alteration, and abandonment of the boring.]
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 200 - WATER SUPPLY WELL CONSTRUCTION STANDARDS: INTRODUCTION, GENERAL STANDARDS, AND DEFINITIONS › Section 690-200-0020 - General Statement About the Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules and
			 regulations set forth herein provide the minimum standards for the
			 construction, conversion, alteration, maintenance, and abandonment of water
			 supply wells. After the effective date of adoption of these rules and
			 regulations, no water supply well shall be constructed, altered, converted, or
			 abandoned contrary to the provisions of these rules and regulations without
			 prior approval from the Water Resources Department. Violation of these
			 standards may result in enforcement under OAR chapter 690, division 225,
			 including suspension or revocation of a constructor's license, imposition of
			 civil penalties on the landowner or constructor, action on a bond, or other
			 sanctions authorized by law.
(2)
			 Every well shall be designed and constructed to adapt to the existing local
			 geologic and ground water conditions at the well site and shall fully utilize
			 every natural protection to the ground water supply. If prior to or during
			 construction the well constructor becomes aware that specific site conditions
			 will not allow adherence to the following minimum well standards, the
			 constructor shall request and obtain written approval from the Director to use
			 alternative construction methods, materials or standards. The request shall be
			 in writing and submitted to the Director as described in OAR 690-200-0021.
			 Special standard approval from the Director must be obtained prior to
			 completion of the well.
(3) Certain
			 wells constructed under these rules may be suitable for use as public,
			 community, municipal, or public utility supplies. Regulations administered by
			 other agencies may apply in addition to those in this chapter (see Appendix
			 200-1).
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  536.027, ORS
				  536.090, ORS
				  537.505-537.795, ORS
				  536.900 & ORS
				  537.992
Statutes/Other Implemented: ORS
				  536.090, ORS
				  537.505-537.795, ORS
				  536.900 & ORS
				  537.992