reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 517 - SOUTH COAST BASIN PROGRAM › Section 690-517-0020 - Minimum Perennial Streamflows

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of maintaining a minimum
			 perennial streamflow sufficient to support aquatic life, no appropriations of
			 water except for domestic or livestock uses and irrigation of noncommercial
			 gardens not exceeding one-half acre in area shall be allowed for waters of the
			 streams and tributaries listed in Table 1 when flows are below the specified
			 levels.
(2) The Water Resources
			 Commission requests the opportunity to review applications for an allowed
			 beneficial use that has traditionally been identified as nonconsumptive or
			 take-and-put, such as fish hatcheries, hydroelectric facilities, municipal or
			 water process industries that could potentially impact, in an adverse way, the
			 Commission's minimum flow regime or the public interest. The Water Resources
			 Commission intends to continue to protect, in its entirety, that portion of the
			 stream system on which any minimum streamflow has been established. Permitting
			 procedures and water use regulation should reflect that objective as far as
			 possible under the law. The Commission solicits the advice or complaints of any
			 party who is aware that the objectives are not being met.
(3) Minimum flows established in the Water
			 Resource Program for the South Coast Basin dated May 22, 1964 (Table 2), shall
			 remain in full force and effect except as follows:
(a) The minimum perennial streamflow for the
			 Elk River above U.S. Highway 101 crossing (45 cfs) is rescinded;
(b) The minimum perennial streamflow for the
			 Coquille River Middle Fork above Bear Creek (4 cfs) is rescinded;
(c) The minimum perennial streamflow for the
			 Sixes River above the U.S. Highway 101 crossing is reduced to 25 cfs during the
			 period from August 1 to September 30;
(d) The minimum perennial streamflow for the
			 South Fork Coquille River near Powers is reduced to 15 cfs during the period
			 from June 16 to September 30.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 517 - SOUTH COAST BASIN PROGRAM › Section 690-517-0030 - Storage

Current through Register Vol. 63, No. 7, July 1, 2024
The following reservoir sites should be protected through the
				comprehensive land-use planning process for possible future development or
				until alternative methods of meeting water needs have been developed:
(1) West Fork of the Millicoma River, site
			 223;
(2) South Fork of Coquille
			 River at Eden Ridge, site 430;
(3)
			 North Fork Coquille River, site 146A;
(4) Rock Creek at Rasler Creek, site
			 201;
(5) Catching Creek, site
			 101;
(6) Fourmile Creek, site
			 158;
(7) North Fork Floras Creek at
			 Okietown, site 435;
(8) North Fork
			 Chetco River, site 239;
(9) Wheeler
			 Creek, site 241;
(10) East Fork
			 Winchuck River, site 243;
(11) Joe
			 Ney Slough.
The South Coast Basin is delineated on agency Map, File 17.6,
				  available from the agency.
Statutory/Other Authority:
ORS 536 &
				  537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 517 - SOUTH COAST BASIN PROGRAM › Section 690-517-0040 - Out-of-Basin Appropriations

Current through Register Vol. 63, No. 7, July 1, 2024
No out-of-basin diversion of South Coast Basin water shall be
				granted without the prior approval of, and following a public hearing by, the
				Water Resources Commission.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 518 - MID-COAST BASIN PROGRAM › Section 690-518-0020 - Reservations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the uses specified in subsection (1)(a) of OAR 690-518-0010, 1.5 cfs of the
			 water of Woahink Lake are reserved for municipal purposes and 0.75 cfs for
			 public park purposes.
(2) The
			 waters of the following streams are reserved for municipal purposes in the
			 amounts specified:
(a) Alsea River below
			 stream mile 25 - 5 cfs.
(b) Yachats
			 River below stream mile 5 - 1 cfs.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 518 - MID-COAST BASIN PROGRAM › Section 690-518-0030 - Minimum Perennial Streamflows

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of maintaining a minimum
			 perennial streamflow sufficient to support aquatic life and recreation, no
			 appropriations of water except for reservations in OAR
			 690-518-0020, human
			 consumption, livestock con-sumption, or waters legally released from storage
			 shall be granted for the waters of the following streams and their tributaries
			 for flows below the amounts specified in Table 1.
(2)
(a) To
			 support aquatic life and minimize pollution, in accordance with Section 3,
			 Chapter 796, Oregon Laws 1983, no appropriation of water shall be granted for
			 waters of the streams and tributaries listed in Table 2 when flows are below
			 the specified levels. This limitation shall not apply to:
(A) Human and livestock consumption;
			 and
(B) Water legally released from
			 storage.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 518 - MID-COAST BASIN PROGRAM › Section 690-518-0050 - Out-of-Basin Appropriations

Current through Register Vol. 63, No. 7, July 1, 2024
To support present and proposed Mid-Coast Basin water resource
				development, no out-of-basin appropriation of the waters of the Mid-Coast Basin
				shall be granted without prior approval of, and following a public hearing by,
				the Water Resources Commission.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 518 - MID-COAST BASIN PROGRAM › Section 690-518-0060 - Water Quality

Current through Register Vol. 63, No. 7, July 1, 2024
Rights to use of water granted by any state agency in
				accordance with this water use program shall be issued only on the condition
				that any effluents or return flows from such uses shall not interfere with
				other beneficial uses of water.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 519 - COLUMBIA RIVER BASIN PROGRAM › Section 690-519-0000 - Classifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The maximum
			 economic development of this state and the attainment of the highest and best
			 use of the waters of the Columbia River from the Oregon-Washington border near
			 river mile 309 to the confluence with the Pacific Ocean and the attainment of
			 an integrated and coordinated program for the benefit of the state will be
			 furthered through utilization of the aforementioned waters only for instream
			 use for power development, navigation, recreation, wildlife and fish life, and
			 the waters of the Columbia River are hereby so classified with the following
			 exception: The maximum economic development of this state, the attainment of
			 the highest and best use of 30 million acre-feet annually of natural flows of
			 the Columbia River, and the attainment of an integrated and coordinated program
			 for the benefit of the state as a whole will be furthered through utilization
			 of the aforementioned waters only for domestic, livestock, municipal, mining,
			 industrial, agricultural use, irrigation, recreation, power development,
			 pollution abatement, wildlife and fish life uses, and the 30 million acre-feet
			 annually of natural flows of the Columbia River are hereby so classified and
			 reserved for exclusive use within the State of Oregon.
(2) Applications for the use of water for any
			 purposes contrary to classifications specified in the basin program shall not
			 be accepted or granted except as provided by law. The Director shall notify the
			 Board and other interested individuals or agencies of the intent to accept an
			 application for use in conflict with the adopted program in accordance with ORS
			 536.380 if the proposed use will
			 not have a significant impact on any other water use as provided in OAR
			 690-519-0000  through 690-519-0050.
(3) The planning, construction and operation
			 of any structures or works for the utilization of water in accordance with the
			 aforementioned classifications are to conform with the applicable provisions of
			 ORS 536.310, including, but not
			 restricted to, the recommendation of the multiple purpose concept.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 519 - COLUMBIA RIVER BASIN PROGRAM › Section 690-519-0010 - Power Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 of the highest priority and in the public interest that mainstem federal
			 project operators shall provide instream flows in the Columbia River sufficient
			 to support fish life, navigation and recreational uses, and that federal
			 project operators shall incorporate such flow levels as a firm requirement in
			 all power system planning and operation agreements and procedures.
(2) Hydropower peaking operations which do
			 not cause excessive reservoir fluctuations to interfere with beneficial uses of
			 water are declared to be in the public interest. To minimize adverse impacts on
			 other beneficial water uses, federal project operators shall not exceed project
			 limits on reservoir rates of change.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 519 - COLUMBIA RIVER BASIN PROGRAM › Section 690-519-0020 - Out-of-State Appropriations

Current through Register Vol. 63, No. 7, July 1, 2024
To support present and proposed resource development in Oregon
				no out-of-state appropriations of water shall be made or granted by any agency
				or public corporation of the state for the waters of the Columbia River or its
				tributaries.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 519 - COLUMBIA RIVER BASIN PROGRAM › Section 690-519-0030 - Resource Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 combination of additional storage development, wise use of available ground
			 water supplies and implementation of cost effective conservation measures is
			 required to satisfy future demands in the Columbia Basin and should be fostered
			 and encouraged.
(2) It is in the
			 public interest to have one organization responsible for the coordination of
			 the various resource management agencies to effectively manage the Columbia
			 River for the maximum beneficial use an control of the water
			 resources.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 519 - COLUMBIA RIVER BASIN PROGRAM › Section 690-519-0040 - Water Quality

Current through Register Vol. 63, No. 7, July 1, 2024
Rights to the use of water for industrial or municipal purposes
				granted by any state agency shall be issued only on condition that any
				effluents or return flows from such uses shall not interfere with recreational,
				fish life, or other beneficial uses of water.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 520 - MIDDLE SNAKE RIVER BASIN PROGRAM › Section 690-520-0000 - Classifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The highest
			 public benefit to the state and the attainment of the highest and best use of
			 the waters of the Snake River from river mile 176.0 to river mile 247.0 and the
			 attainment of an integrated and balanced program for the benefit of the state
			 as a whole will be achieved through utilization of the aforementioned waters
			 only for domestic, livestock, irrigation of lawn or noncommercial garden not to
			 exceed one-half acre in area, fish and wildlife, and recreation purposes and
			 the aforementioned waters of the Snake River are hereby so
			 classified.
(2) Applications for
			 the use of such waters shall not be accepted by any state agency for any other
			 purpose and applications for such other purposes are declared to be prejudicial
			 to the public interest and the granting of applications for such other uses
			 would be contrary to the integrated, coordinated program for the use and
			 control of the water resources of the state.
(3) Structures or works for the utilization
			 of the waters in accordance with the aforementioned classifications are also
			 declared to be prejudicial to the public interest unless planned, constructed,
			 and operated in conformity with the applicable provisions of ORS
			 536.310 and any such structures
			 or works are further declared to be prejudicial to the public interest which do
			 not give proper cognizance to the multiple-purpose concept.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 521 - DESCHUTES BASIN MITIGATION BANK AND MITIGATION CREDIT RULES › Section 690-521-0100 - Purpose of Mitigation Bank and Mitigation Credit Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in OAR 690-521-0100  through
			 690-521-0600  set forth the process to recognize and establish mitigation banks
			 in the Deschutes Basin and to establish, obtain and assign mitigation credits
			 pursuant to Chapter 659, 2001 Oregon Laws (HB 2184).
(2) Mitigation credits are a means to fulfill
			 a mitigation obligation under OAR chapter 690, division 505.
(3) Mitigation credits are a means of
			 encouraging individuals and institutions to invest in mitigation projects in
			 the Deschutes Basin, such that credits earned by such projects may be held,
			 applied, sold, or otherwise transferred for the purposes set forth
			 above.
Stat. Auth.: ORS
				  537.746 & ORS
				  536.027
Stats. Implemented: ORS
				  390.835, Ch. 659 2001 OL HB
				  2184
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 521 - DESCHUTES BASIN MITIGATION BANK AND MITIGATION CREDIT RULES › Section 690-521-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 690-521-0100  through
				690-521-0600.
(1) "Allocation of
			 conserved water" means an application approved under ORS
			 537.455 to
			 537.500 and OAR chapter 690,
			 division 18 in which the Department may award mitigation credits for the
			 applicant's portion of the conserved water that is legally protected for
			 instream use resulting from conservation measures, such as canal lining and
			 piping or other improvements in the technology or method for diverting,
			 transporting, applying, or recovering water.
(2) "Department" means the Oregon Water
			 Resources Department.
(3)
			 "Deschutes Ground Water Study Area" means the Deschutes River Basin drainage
			 area indicated in
Exhibit 1
.
(4) "General zone of impact" means anywhere
			 above the Madras gage on the Lower Deschutes River or, for wells determined by
			 the Department to have a localized impact on surface water, anywhere within the
			 impacted subbasin of the Deschutes River including the Metolius, Squaw Creek,
			 Little Deschutes, and Crooked River subbasins as identified by the
			 Department.
(5) "Mitigation bank"
			 means an entity that is authorized by the Water Resources Commission to obtain,
			 hold and assign mitigation credits pursuant to Chapter 659, 2001 Oregon Laws
			 (HB 2184) and these rules.
(6)
			 "Mitigation credit" is a means of accounting for mitigation water, calculated
			 in acre-feet, made available by a mitigation project. One mitigation credit is
			 equal to one acre-foot of mitigation water. Mitigation credits are determined
			 and awarded by the Department upon completion of the project and verification
			 by the Department.
(7) "Mitigation
			 obligation" means the amount of mitigation water needed for the appropriation
			 of ground water as determined by the Department under OAR chapter 690, division
			 505, calculated in acre-feet.
(8)
			 "Mitigation project" means a project approved by the Department that results in
			 mitigation water.
(9) "Mitigation
			 water" means water that is legally protected for instream use from
			 implementation of a mitigation project, calculated in acre-feet.
(10) "Person" means any individual,
			 partnership, corporation, association, governmental subdivision or public or
			 private organization of any character.
Exhibits referenced are available from the
				  agency.
Stat. Auth.: ORS
				  537.746 & ORS
				  536.027
Stats. Implemented: ORS
				  390.835, Ch. 659 2001 OL HB
				  2184
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 521 - DESCHUTES BASIN MITIGATION BANK AND MITIGATION CREDIT RULES › Section 690-521-0300 - Establishing Mitigation Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person or mitigation bank may establish mitigation credits by completing a
			 mitigation project as approved by the Department. Mitigation projects may
			 include:
(a) The allocation of conserved
			 water provided under ORS
			 537.455 to
			 537.500 and OAR chapter 690,
			 division 018, where the applicant's portion of the conserved water is allocated
			 and legally protected for instream use;
(b) The transfer of an existing water right
			 to an instream use if the water right to be transferred is also lawfully
			 eligible for transfer to another out-of-stream use, and for mitigation banks,
			 the time-limited transfer or lease of an existing water right to instream use
			 under ORS 537.348 and OAR chapter 690,
			 division 077;
(c) A permit to
			 appropriate water for the purpose of artificial recharge of a ground water
			 reservoir pursuant to ORS
			 537.135 and OAR chapter 690,
			 division 350;
(d) A secondary
			 permit to use stored water from an existing reservoir obtained pursuant to ORS
			 537.130 to
			 537.211 and OAR chapter 690,
			 division 310, provided the secondary permit is for instream use; or
(e) Other projects approved by the Department
			 that result in legally protected mitigation water.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 521 - DESCHUTES BASIN MITIGATION BANK AND MITIGATION CREDIT RULES › Section 690-521-0400 - Award and Validity of Mitigation Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Concurrent with the issuance of a final
			 order approving one of the mitigation projects identified in OAR 690-521-0300,
			 the Department shall make a preliminary finding as to the amount of mitigation
			 credits available. The Department shall award final mitigation credits upon
			 completion of the approved project by the applicant and verification by the
			 Department that the project is complete. The Department shall award mitigation
			 credits to the person or mitigation bank that completed the mitigation project,
			 unless otherwise requested by the project applicant.
(2) Mitigation credits awarded by the
			 Department are valid until used to fulfill a mitigation obligation. Valid
			 mitigation credits may be assigned by any person or recognized mitigation bank
			 to any person or other mitigation bank. Mitigation credits are used when a
			 person submits to the Department documentary evidence that valid credits have
			 been obtained and assigned to satisfy a mitigation obligation.
Stat. Auth.: ORS
				  537.746 & ORS
				  536.027
Stats. Implemented: ORS
				  390.835, Ch. 659 2001 OL HB
				  2184
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 521 - DESCHUTES BASIN MITIGATION BANK AND MITIGATION CREDIT RULES › Section 690-521-0500 - Mitigation Banks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 Chapter 659, 2001 Oregon Laws (HB 2184), the Department may recognize and
			 establish mitigation banks for the Deschutes Basin to facilitate transactions
			 among holders of mitigation credits and persons interested in acquiring
			 mitigation credits.
(2) Any person
			 may apply to become recognized as a mitigation bank by submitting an
			 application form to the Department. The form shall be provided by the
			 Department.
(3) A person applying
			 to be recognized as a mitigation bank shall enter into an agreement with the
			 Department to receive a mitigation bank charter that details the agreements and
			 obligations necessary to meet the provisions of OAR chapter 690, division 521
			 and Chapter 659, 2001 Oregon Laws (HB 2184). A mitigation bank shall at a
			 minimum be required to:
(a) Maintain an
			 accounting system to track assignments of mitigation credits to or from the
			 bank. A separate account shall be maintained for mitigation credits obtained
			 through time-limited transfer and instream lease mitigation projects. Each type
			 of account maintained by the mitigation bank shall be separated into the
			 general zones of impact established by the Department; and
(b) Annually report all transactions and
			 activities of the bank to the Department in accordance with the requirements of
			 this rule, and any other reporting requirements determined to be necessary by
			 the Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 521 - DESCHUTES BASIN MITIGATION BANK AND MITIGATION CREDIT RULES › Section 690-521-0600 - Department Mitigation Credit Oversight Account

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall maintain a system to account for the award
				and use of mitigation credits in the Deschutes Basin. The Department shall
				prepare an annual report on the implementation and management of the mitigation
				credits system.
Stat. Auth.: ORS
				  537.746 & ORS
				  536.027
Stats. Implemented: ORS
				  390.835, Ch. 659 2001 OL HB
				  2184
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 522 - DESCHUTES BASIN WATER MANAGEMENT › Section 690-522-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules are intended to operate in conjunction with
				the Deschutes Basin Ground Water Mitigation Rules in OAR Chapter 690, Division
				505, and the Deschutes Basin Mitigation Bank and Mitigation Credit Rules in OAR
				Chapter 690, Division 521.
Statutory/Other Authority: ORS
				  536.027 &
				  ORS
				  537.746
Statutes/Other Implemented: ORS
				  537.746,
				  Or Laws 2005, ch 669 & Or Laws 2011, ch
				  694
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 522 - DESCHUTES BASIN WATER MANAGEMENT › Section 690-522-0025 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR chapter 690, division
				522.
(1) "Department" means the Oregon
			 Water Resources Department.
(2)
			 "Mitigation credit" is a means of accounting for mitigation water, calculated
			 in acre-feet, made available by a mitigation project. One mitigation credit is
			 equal to one acre-foot of mitigation water. Mitigation credits are determined
			 and awarded by the Department upon completion of the project and verification
			 by the Department.
(3) "Mitigation
			 obligation" means the amount of mitigation water needed for the appropriation
			 of groundwater as determined by the Department under OAR chapter 690, division
			 505, calculated in acre-feet.
(4)
			 "Mitigation project" means a project approved by the Department that results in
			 mitigation water.
(5) "Mitigation
			 water" means water that is legally protected for instream use from
			 implementation of a mitigation project, calculated in acre-feet.
Statutory/Other Authority: ORS
				  536.027 &
				  ORS
				  537.746
Statutes/Other Implemented: Or Laws 2011, ch 694, ORS
				  537.746  & Or Laws 2005, ch 669
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 522 - DESCHUTES BASIN WATER MANAGEMENT › Section 690-522-0020 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules apply to final orders, permits, and
				certificates issued pursuant to OAR 690, Division 505 after September 27, 2002,
				including but not limited to the change of mitigation water into mitigation
				credits.
Statutory/Other Authority: ORS
				  536.027 &
				  ORS
				  537.746
Statutes/Other Implemented: Or Laws 2011, ch 694, ORS
				  537.746  & Or Laws 2005, ch 669
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 522 - DESCHUTES BASIN WATER MANAGEMENT › Section 690-522-0030 - Ground Water Appropriations within the Deschutes Ground Water Study Area

Current through Register Vol. 63, No. 7, July 1, 2024
The cumulative rate specified under 690-505-0500(1)  shall not
				include:
(1) Rates associated with
			 offsets pursuant to 690-505-0610(8);
(2) Rates associated with applications
			 withdrawn after final order issuance pursuant to 690-505-0620;
(3) Portion of rates approved by a final
			 order issued under 690-505-0620  but not included in a water right permit issued
			 following satisfaction of the mitigation requirement;
(4) Rates associated with expired final
			 orders pursuant to 690-505-0620(2);
(5) Portions of rates associated with permits
			 issued pursuant to 690-505-0620  and subsequently cancelled;
(6) Rates associated with certificates issued
			 pursuant to 690-505-0620  and subsequently canceled; and
(7) Rates associated with the portion of use
			 originally authorized under a permit issued pursuant to 690-505-0620  and not
			 included in a subsequent certificate.
Statutory/Other Authority: ORS
				  536.027 &
				  ORS
				  537.746
Statutes/Other Implemented: ORS
				  537.746,
				  Or Laws 2005, ch 669 & Or Laws 2011, ch
				  694
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 522 - DESCHUTES BASIN WATER MANAGEMENT › Section 690-522-0040 - Incremental Development in the Deschutes Ground Water Study Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An incremental
			 development plan under 690-505-0625  for municipal and quasi-municipal ground
			 water permit applicants and permit holders may include offset pursuant to
			 690-505-0610(8).
(2) When providing
			 incremental mitigation pursuant to OAR 690-505-0625, a municipal or
			 quasi-municipal ground water permit holder may provide mitigation, offset, or a
			 combination of both during each approved increment to coincide with each stage
			 of development of the permit on the condition that the permit holder does not
			 increase the rate or amount of water diverted under the permit before
			 submitting the corresponding required mitigation or offset and documentary
			 evidence.
(3) The report required
			 under OAR 690-505-0625(1)(b)  shall describe the annual volume of water used and
			 the source of offset and mitigation used for that period.
Statutory/Other Authority: ORS
				  536.027 &
				  ORS
				  537.746
Statutes/Other Implemented: ORS
				  537.746,
				  Or Laws 2005, ch 669 & Or Laws 2011, ch
				  694
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 522 - DESCHUTES BASIN WATER MANAGEMENT › Section 690-522-0050 - Reassignment of Permanent Mitigation Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding OAR 690-521-0400(2), the
			 Department may reassign part or all of permanent mitigation credits that were
			 used to satisfy a mitigation obligation if:
(a) The ground water permit application to
			 which the credits were assigned is denied or withdrawn;
(b) The ground water permit application to
			 which the credits were assigned is amended and the mitigation obligation is
			 reduced;
(c) The final order issued
			 approving the ground water permit application to which the credits were
			 assigned expires pursuant to OAR 690-505-0620;
(d) The ground water permit to which the
			 credits were assigned is subsequently cancelled or partially cancelled
			 resulting in a reduced mitigation obligation;
(e) The subsequent ground water certificate
			 is issued for less ground water use than originally allowed under the permit
			 and there is a corresponding reduction in mitigation obligation;
(f) The subsequent ground water certificate
			 to which the credits were assigned is cancelled, or partially cancelled
			 resulting in a reduced mitigation obligation; or
(g) The mitigation credits are assigned to a
			 permit for municipal or quasi-municipal use issued under OAR 690-505-0620  with
			 an incremental development plan under OAR 690-505-0625  and the permit holder
			 requests to re-assign credits to another such existing permit of their own or
			 to another municipal or quasi-municipal entity that holds a groundwater permit
			 issued under OAR 690-505-0620  with an incremental development plan under OAR
			 690-505-0625, provided the reassignment is consistent with the requirements of
			 OAR 690-505-0610 (4)  and OAR 690-505-0625. The permit holder requesting the
			 re-assignment of credits under this provision shall submit to the Department an
			 updated incremental development plan.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 522 - DESCHUTES BASIN WATER MANAGEMENT › Section 690-522-0060 - Change of Mitigation Water into Mitigation Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For mitigation project applications
			 submitted after the adoption of these rules, pursuant to 690-521-0300 (4), any
			 person requesting mitigation credits through completion of a mitigation
			 project, identified in 690-521-0300 (1), shall, in any application associated
			 with the mitigation project, notify the Department that they intend to use the
			 project to establish mitigation credits. For those that do not request to
			 establish mitigation credits under the proposed project, the Department will
			 consult before moving forward.
(2)
			 To apply to change mitigation water into mitigation credits a written request
			 must be submitted to the Department no later than December 31, 2021.
(3) The written request to change mitigation
			 water generated by a mitigation project into mitigation credits may be
			 submitted to the Department by the permit holder(s) of record or certificate
			 holder(s). The request will include:
(a) The
			 application, permit, or certificate number for which the mitigation water was
			 established;
(b) The mitigation
			 project number; and
(c) Any other
			 information requested by the Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 600 - WATER CONSERVATION, REUSE AND STORAGE GRANT PROGRAM › Section 690-600-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish procedures for the Oregon Water Resources
				Department in accepting applications and considering proposals for funding
				under the provisions of Senate Bill 1069 (Chapter 13, 2008 Laws). The Water
				Conservation, Reuse, and Storage Grant Program includes funding for project
				planning studies performed to evaluate the feasibility of developing a water
				conservation, reuse, or storage project.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: 2008 OL Ch.
				  13
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 600 - WATER CONSERVATION, REUSE AND STORAGE GRANT PROGRAM › Section 690-600-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to this division of the
				rules:
(1) "Department" means the
			 Oregon Water Resources Department.
(2) "Director" means the Director of the
			 Oregon Water Resources Department.
(3) "Funding" means a grant or payment for
			 direct services, including but not limited to technical planning services,
			 available through the Program.
(4)
			 "Grant Agreement" means the legally binding contract between the Department and
			 the funding recipient. It consists of the conditions specified in these rules,
			 the notice of funding award, special conditions to the grant agreement, a
			 certification to comply with applicable state and federal regulations, the
			 project planning study budget and the approved application for funding the
			 project planning study.
(5)
			 "Grantee" means a local government as defined in ORS
			 174.116, an Indian tribe as
			 defined in ORS 391.802, or a person as defined
			 in ORS 536.007, that is a recipient of
			 funding from the Program.
(6)
			 "Partner" means a non-governmental or governmental person or entity that has
			 committed funding, expertise, materials, labor, or other assistance to a
			 proposed project planning study.
(7) "Program" means the Water Conservation,
			 Reuse, and Storage Grant Program.
(8) "Project Planning Study" means research
			 and planning performed to evaluate the feasibility of developing a water
			 conservation, reuse, or storage project.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: 2008 OL Ch.
				  13
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 600 - WATER CONSERVATION, REUSE AND STORAGE GRANT PROGRAM › Section 690-600-0030 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Depending
			 upon the availability of Program funds, the Department will periodically, but
			 not less than annually, announce deadlines for submitting applications for
			 funding.
(2) The Department may use
			 an application review team consisting of persons with water supply and planning
			 knowledge and interdisciplinary expertise appointed by the Director to review
			 applications and make funding recommendations to the Department.
(3) In its evaluation of applications
			 associated with above ground storage projects, the Department will give
			 priority to applications associated with above ground storage projects that
			 include provisions for using stored water to augment in-stream flows to
			 conserve, maintain and enhance aquatic life, fish life or other ecological
			 values.
(4) In its evaluation of
			 applications that are not associated with above ground storage projects, the
			 Department will give priority to applications associated with projects that are
			 identified by the Department in a statewide water assessment and
			 inventory.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: 2008 OL Ch.
				  13
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 600 - WATER CONSERVATION, REUSE AND STORAGE GRANT PROGRAM › Section 690-600-0040 - Grant Agreement and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director or designee will establish
			 grant agreement conditions for each grant. Grantees shall comply with all grant
			 agreement conditions.
(2) The
			 Department will only enter into new agreements or amendments to existing
			 agreements with prior grantees of the Program if all reporting obligations
			 under existing or earlier grant agreements have been met.
(3) The grantee must:
(a) Submit a quarterly report to the
			 Department on a form provided by the Department that provides information
			 regarding the expenditure of program and non-program funds, progress toward
			 completion of the project planning study, compliance with special conditions
			 and requirements in the Grant Agreement and any other information the
			 Department deems appropriate.
(b)
			 Comply with all federal, state and local laws and ordinances applicable to the
			 work to be done under the grant agreement.
(c) Account for funds distributed by the
			 Department, using project planning study expense forms provided by the
			 Department.
(d) Obtain all permits
			 and licenses from local, state or federal agencies or governing bodies
			 necessary to fulfill the grant agreement and provide a copy to the
			 Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 600 - WATER CONSERVATION, REUSE AND STORAGE GRANT PROGRAM › Section 690-600-0050 - Eligible Project Planning Studies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Project planning studies eligible for
			 funding under the Program may include:
(a)
			 Analyses of hydrological refill capacity;
(b) Water needs analyses;
(c) Refined hydrological analyses;
(d) Engineering and financial feasibility
			 studies;
(e) Geologic
			 analyses;
(f) Water exchange
			 studies;
(g) Analyses of by-pass,
			 optimum peak, flushing and other ecological flows of the affected stream and
			 the impact of a proposed water conservation, reuse or storage project on those
			 flows;
(h) Comparative analyses of
			 alternative means of supplying water, including but not limited to the costs
			 and benefits of conservation and efficiency alternatives and the extent to
			 which long-term water supply needs may be met using those
			 alternatives;
(i) Analyses of
			 environmental harm or impacts from a proposed water conservation, reuse or
			 storage project;
(j) Analyses of
			 public benefits accruing from a proposed water conservation, reuse or storage
			 project;
(k) Fiscal analyses of a
			 proposed water conservation, reuse or storage project, including estimated
			 project costs, financing for the project and projected financial returns from
			 the project;
(l) Hydrological
			 analyses of a proposed water conservation, reuse or storage project, including
			 the anticipated effects of climate change on hydrological refill capacity;
			 and
(m) Analyses of potential water
			 quality impacts of the project.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 600 - WATER CONSERVATION, REUSE AND STORAGE GRANT PROGRAM › Section 690-600-0060 - Public Notice and Comment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department will post a summary of an application for Program funding within
			 10 days of a determination by the Department that the application is complete
			 and meets the requirements of 690-600-0020.
(2) Prior to the award of funding for a
			 project planning study, the Department will provide public notice of
			 applications for Program funding and associated application review team
			 recommendations. After public notice, the Department will provide a minimum of
			 30 days for submission of written comments.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: 2008 OL Ch.
				  13
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 600 - WATER CONSERVATION, REUSE AND STORAGE GRANT PROGRAM › Section 690-600-0070 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will not reimburse the Grantee for any expenditure incurred prior to
			 the signing of the grant agreement by all parties to the agreement.
(2) The Director may withhold payments to a
			 Grantee when in a situation where there are significant and persistent
			 difficulties with satisfying Department requirements.
(3) Prior to disbursement of Department
			 funds, the Grantee must provide proof that is satisfactory to the Department
			 that the match requirement of at least 50% of the funding from a source other
			 than the Program has been secured.
(4) Funds shall not be disbursed until the
			 Department receives satisfactory evidence that necessary permits and licenses
			 have been granted and documents required by the Department have been
			 submitted.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: 2008 OL, Ch,
				  13
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 1 - PROCEDURAL RULES › Section 695-001-0000 - Notice Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any rule, the Oregon
				Watershed Enhancement Board will give notice of the intended action:
(1) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least 21 days before
			 the effective date of the intended action.
(2) By mailing a copy of the notice to
			 persons on the Oregon Watershed Enhancement Board's mailing list established
			 pursuant to ORS 183.335(8) at
			 least 28 days prior to the effective date.
(3) By mailing or furnishing a copy of the
			 notice at least 28 days prior to the effective date to:
(a) Organizations:
(A) Watershed Councils and Watershed Interest
			 Groups;
(B) Soil and Water
			 Conservation Districts;
(C) Such
			 other environmental and resource interests who have expressed an interest in
			 the Oregon Watershed Enhancement Board Program; and
(D) The Nine Federally Recognized Indian
			 Tribes.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 1 - PROCEDURAL RULES › Section 695-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The
Oregon Attorney General's Model and Uniform Rules
				of Procedure
, January 2004 edition, were adopted by the Oregon
				Watershed Enhancement Board on September 14, 2004 and will be followed in all
				matters except where a different procedure is prescribed by
				statute.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Watershed
				  Enhancement Board.
Stat. Auth.: ORS 183, ORS 541 & Ch. 734, OL 1987
Stats. Implemented:
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 695-003-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules govern implementation by the Oregon Watershed
				Enhancement Board (OWEB) of the public records law, ORS
				192.410 to
				192.505, including fees for
				recovery of the actual costs involved in making public records available and in
				providing copies of public records, pursuant to ORS
				192.440.
Stat. Auth.: ORS
				  541.906,
				  192.430,
				  192.440
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 695-003-0020 - Requests to Inspect or Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The right to review public records
			 includes the right to review the original public record where practicable. The
			 requester does not have a right to personally locate the public record or to
			 review portions of the public record that are exempt from disclosure pursuant
			 to ORS 192.501 to
			 192.505.
(2) A request to inspect or obtain copies of
			 a public record or information from public records must be made in writing to
			 the Public Records Coordinator at the Oregon Watershed Enhancement Board, 775
			 Summer Street NE, Suite 360, Salem, OR 97301-1290, and must include:
(a) The name, mailing address, email address,
			 and telephone number of the requester;
(b) Identification of the needed public
			 record or of the type and format of needed public record information, if known
			 to the requester;
(c) The time
			 period the records or information were produced, and the officials involved in
			 producing the records or relevant information, if known to the requester;
			 and
(d) The number of copies for
			 each item requested of the record, if copies are requested.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 695-003-0030 - Fees for Inspections or Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person inspecting a public record or
			 receiving a copy of a public record or information from a public record must
			 pay OWEB's actual costs, as follows:
(a) The
			 cost of staff time necessary to locate and handle the records, to delete
			 material exempt from disclosure and to supervise the inspection by the
			 requester;
(b) The cost of
			 producing the copy or the information; and
(c) The cost of other supplies or services
			 necessary to furnish the copy or information.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 695-003-0040 - Exception to Fee Charge; Fee Waivers and Reductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There is no fee for obtaining one or more
			 copies of a public record, if providing one or more copies of that particular
			 public record without charge is part of OWEB's programs at the time of the
			 request, including but not limited to the public distribution of OWEB reports,
			 news releases and public notices, and the routine provision of public records
			 or information from public records related to grant administration or the
			 Oregon Plan.
(2) Subject to the
			 exception described in subsection (1), no fee waiver or reduction will be given
			 for OWEB's actual costs in providing access for inspection or furnishing copies
			 of public records, if those actual costs would be otherwise paid from funds
			 dedicated to watershed protection under Article IV, Section 4b, of the Oregon
			 Constitution, federal funding allocated by intergovernmental agreement to
			 salmon recovery efforts, or license plate revenues statutorily dedicated to
			 salmon recovery projects.
Stat. Auth.: ORS
				  541.906,
				  192.430,
				  192.440
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 4 - WATERSHED ENHANCEMENT PROGRAM › Section 695-004-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Watershed Enhancement Board has broad authority to
				carry out a watershed enhancement program under the provisions of ORS
				541.890 to
				541.969. The Board may allocate
				funds to support projects for restoration, monitoring, technical assistance,
				small grants, education and outreach, watershed council support, land
				acquisition, instream water leases and transfers, research and other related
				activities that advance the purposes of the watershed enhancement
				program.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 4 - WATERSHED ENHANCEMENT PROGRAM › Section 695-004-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Board" means
			 the Oregon Watershed Enhancement Board created under ORS
			 541.900.
(2) "Director" means the Executive Director
			 of the Oregon Watershed Enhancement Board or the Executive Director's
			 designee.
(3) "OWEB" means the
			 Oregon Watershed Enhancement Board state agency.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 4 - WATERSHED ENHANCEMENT PROGRAM › Section 695-004-0030 - Process and Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall approve standards and guidance for application
				requirements and processing, evaluation criteria, agreement conditions, and
				distribution of funds.
(1) Guidance
			 and criteria for accepting and reviewing applications for watershed enhancement
			 projects proposed under the regular grant program are contained in OAR chapter
			 695, divisions 5 through 50.
(2)
			 For watershed enhancement project requests for initiatives or programs that are
			 separate or distinct from the programs referenced in subsection (1), the Board
			 shall approve additional necessary guidance and criteria.
(3) Board allocations under subsections (1)
			 and (2) may be distributed through grant agreements, interagency agreements,
			 and contracts for services.
(4) The
			 Director shall enter into the grant agreements, interagency agreements, or
			 contracts necessary to carry out the standards approved by the Board.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.890 -
				  541.969