Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 90 - WATER DEVELOPMENT LOAN FUND › Section 690-090-0020 - Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 recommended that potential applicants contact the director for a
			 pre-application conference prior to submitting an application. The director or
			 delegated staff may advise applicants whether the project appears to comply
			 with these rules, whether funds are available and which costs may be eligible.
			 No advice, opinion or statements of any nature rendered pursuant to this
			 subsection shall constitute a loan approval or any other form of representation
			 or binding commitment.
(2) The
			 application shall be made on forms and in a manner set by the director.
			 Application forms shall be completed and filed with the director in order to be
			 considered eligible for funds from the Water Development Loan Fund.
(3) The level of detail of the information
			 provided in the application shall be commensurate with the size and scope of
			 the project. The director may reject incomplete applications. All applications
			 for water development projects shall:
(a)
			 Describe the nature, purpose and location of the proposed water development
			 project. The location shall be described in reference to the public land
			 survey.
(b) State the amount and
			 term of loan requested.
(c) Include
			 a statement describing the need for the project.
(d) Include a statement describing the reason
			 why the project would be in the public interest.
(e) Include information the applicant has
			 that describes the effect, if any, of the proposed project on fish and
			 wildlife, including endangered, threatened or sensitive species; water quality;
			 water use conservation or efficiency; economic development; public uses of the
			 affected surface waters, including recreation; and any other anticipated
			 environmental impact.
(f) Provide
			 the legal description of the real property to be used as security for the
			 loan.
(g) Include a feasibility
			 study for the construction, operation, and maintenance of the proposed water
			 development project; cost estimates and material specifications; and
			 construction schedule for completion of the project.
(h) State whether any moneys other than those
			 in the Water Development Loan Fund are proposed to be used for the construction
			 of the proposed water development project and whether any other moneys are
			 available or have been sought for the construction.
(i) Show that the applicant holds or can
			 acquire all real property and interests therein and water rights necessary for
			 the construction, operation and maintenance of the proposed water development
			 project.
(j) Include land use
			 information as outlined in the department's Land Use Planning Procedures
			 Guide.
(k) Provide a fiscal impact
			 statement as to any impact that the proposed project may have on small
			 businesses, including Oregon family farm units.
(l) Contain information demonstrating that
			 the applicant is a qualified, credit-worthy and responsible water developer who
			 is willing and able to enter into a contract for loan repayment and who has
			 financial resources adequate to operate and maintain the project including, but
			 not limited to, an itemization of assets and liabilities and credit
			 references.
(m) Include written
			 consent from the applicant and guarantors allowing the department to complete a
			 full credit investigation, including a credit report.
(n) Include evidence of sufficient income to
			 meet loan repayment. This evidence may include, but is not limited to, the
			 prior three years tax returns, audited financial statements, cash flow
			 projections, current year budget information or other evidence deemed
			 satisfactory by the director. The director may require such financial
			 information dating back further than three years if, in the director's
			 judgment, it is deemed necessary.
(o) Include a narrative description of the
			 applicant's management personnel, board or council members and any contracted
			 personnel. This information should include the names, titles, experience,
			 specialized training and expertise of personnel that will be responsible for
			 decision making, general management responsibilities, technical
			 responsibilities, and internal operations including fiscal and accounting
			 responsibilities.
(p) Include a
			 brief history of the applicant's business or operation, including the number of
			 years in operation, population or customers served, economic trends and
			 significant operational or management changes made in the last three
			 years.
(q) Except for an individual
			 or sole proprietorship, include evidence satisfactory to the director of legal
			 authority to borrow and enter into a loan contract with the
			 department.