Or. Admin. Code § 690-505-0615

Current through Register Vol. 63, No. 12, December 1, 2024

Section 690-505-0615 - Notice of Mitigation Obligation

(1) The Department shall provide notice of the mitigation obligation to ground water permit applicants. The notice shall:

(a) State that mitigation must be provided before a permit may be issued for a water right application approved under ORS 537.621 to 537.626;

(b) Identify the amount and location of the mitigation obligation; and

(c) Identify mitigation banks as potential means of providing mitigation.

(2) For ground water permit applications pending before the Department as of the effective date of this rule, the notice of mitigation obligation and the applicant's response to the mitigation obligation shall be incorporated into the water right application process under OAR chapter 690, division 310.

(3) For ground water permit applications submitted after the effective date of this rule, the notice of mitigation obligation shall be included in the initial review report under OAR 690-310-0080.

(4) Ground water permit applicants receiving notice under this rule shall, through the water right application process under OAR chapter 690, division 310, submit proposed mitigation to the Department that meets the requirements of 690-505-0610(2)-(5).

(5) Ground water permit applicants proposing to implement a mitigation project shall identify and describe the project and, in any application associated with the mitigation project, identify that the project is being used to satisfy a mitigation obligation.

(6) If the amount of mitigation identified by the ground water permit applicant is different from that stated in the Department's notice of mitigation obligation, the applicant shall provide an explanation of why the amount is different and identify appropriate information proposed to be used to determine the equivalent consumptive use for the proposed ground water appropriation.

(7) The Department shall work in cooperation with a representative of the Oregon Department of Fish and Wildlife, Oregon State Parks and Recreation Department, Oregon Department of Environmental Quality and Division of State Lands to enhance the resource benefits and make the most effective use of mitigation projects and mitigation water.

Or. Admin. Code § 690-505-0615

WRD 3-2002, f. & cert. ef. 9-27-02

Stat. Auth.: ORS 536.027 & ORS 390.835

Stats. Implemented: ORS 390.835, Ch. 659 2001 OL HB 2184