ORS § 537.873

Current through 2024 Regular Session legislation

Section 537.873 - Place-based water planning grants; rules

(1) As used in this section:

(a) "Eligible implementation coordination costs":

(A) Means costs associated with actions taken to coordinate the implementation of a state-recognized place-based integrated water resources plan.

(B) Does not include the costs of implementing a project.

(b) "Environmental justice community" has the meaning given that term in ORS 182.535.

(c) "Indian tribe" means a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon.

(d) "Person" has the meaning given that term in ORS 536.007.

(e) "Place-based integrated water resources plan" means a plan that:

(A) Is developed for a planning area associated with waters from sources within a shared hydrologic boundary;

(B) Is developed in collaboration with a balanced representation of interests;

(C) Addresses current and future in-stream and out-of-stream needs;

(D) Includes the development of actions that are consistent with the state water resources policy and other state laws concerning the water resources of this state;

(E) Is developed using an open, equitable and transparent process that fosters public participation and meaningful engagement with environmental justice communities, consistent with the requirements of ORS 182.545;

(F) Is developed in consultation with the Water Resources Department and other relevant state agencies;

(G) Facilitates implementation of local water resources solutions and supports the knowledge and relationships needed to implement the solutions;

(H) Assesses actions that are compatible with local comprehensive plans;

(I) Strives to integrate solutions to cost-effectively achieve multiple benefits;

(J) Is consistent with the guiding principles of the integrated state water resources strategy; and

(K) Complies with the rules of the Water Resources Commission, including any rules regarding the development of place-based integrated water resources plans.

(f) "Place-based integrated water resources planning" means a collaborative and inclusive process that is designed to:

(A) Gather information to develop a shared understanding of water resources and identify critical issues and knowledge gaps;

(B) Examine the existing and future in-stream and out-of-stream water needs for people, the economy and the environment;

(C) Identify and prioritize strategic, integrated solutions to understand and meet in-stream and out-of-stream water needs; and

(D) Develop, implement and update a place-based integrated water resources plan.

(g) "Public body" has the meaning given that term in ORS 174.109.

(h) "Situation assessment" means an assessment conducted for the purpose of understanding the status of an issue, stakeholder perspectives and the needs and conditions that potentially affect the feasibility and design of a collaborative process to develop and implement a place-based integrated water resources plan.

(i) "State-recognized place-based integrated water resources plan" means a place-based integrated water resources plan that has been reviewed by the Water Resources Commission and recognized by a commission resolution stating that the completed place-based integrated water resources plan adheres to applicable requirements.

(2) The Water Resources Director may award grants with moneys from the Place-Based Water Planning Fund established in ORS 537.872 to fund the costs of actions supporting place-based integrated water resources planning, including costs of:

(a) Filling gaps in state, tribal and local capacity, knowledge and skill sets.

(b) Developing data and associated analyses tailored to the area of a place-based integrated water resources plan.

(c) Assessing critical issues within the planning area.

(d) Building knowledge and relationships among state agencies, organizations with ties to or an interest in the planning area and people who live in, work in or are interested in the planning area.

(e) Assisting groups with preparing and assessing readiness to engage in relevant planning.

(f) Assisting with building the capacity of a community to engage in relevant planning.

(g) Facilitating and managing a collaborative process to support relevant planning.

(h) Developing, or supporting development of, a place-based integrated water resources plan.

(i) Facilitating associated public participation, including participation by members of environmental justice communities, through education, outreach, financial support and other activities.

(j) Updating a state-recognized place-based integrated water resources plan.

(k) Eligible implementation coordination costs.

(3) In awarding grants, the department may require cost matching by applicants.

(4) The grants may be awarded to persons, public bodies, Indian tribes and nonprofit organizations.

(5) The grants may be awarded as cost sharing with other programs that support place-based integrated water resources planning.

(6) In addition to disbursing moneys in the fund as described in subsection (2) of this section, the Water Resources Director may use moneys in the fund to further place-based integrated water resources planning by entering into agreements or contracting for the following:

(a) Efforts related to interagency coordination.

(b) Situation assessments.

(c) The collection or development of data, data inventories or other technical information necessary for planning.

(d) Technical assistance.

(e) The development of guidelines and best practices.

(f) Providing opportunities for public participation.

(g) The development or provision of training and learning opportunities.

(h) Holding events and gatherings.

(i) Evaluations to identify lessons learned and areas for improvement.

(j) Consultation with Indian tribes.

(k) Other actions in support of place-based integrated water resources planning that benefit a specific area in this state or the state as a whole.

(7) Before issuing funding under subsection (2) or (6) of this section, the Water Resources Director shall consult with the Department of Environmental Quality, Department of Land Conservation and Development, Oregon Health Authority, Oregon Watershed Enhancement Board, State Department of Agriculture and State Department of Fish and Wildlife to understand agency capacity to:

(a) Participate in place-based integrated water resources planning.

(b) Provide information and assistance described in subsection (9) of this section.

(8) Before issuing funding under subsection (2) of this section, the Water Resources Director shall notify county and tribal governments within the proposed planning boundary of an application.

(9) The Water Resources Department, Department of Environmental Quality, Department of Land Conservation and Development, Oregon Health Authority, Oregon Watershed Enhancement Board, State Department of Agriculture and State Department of Fish and Wildlife may provide technical information and assistance to, and enter into contracts or agreements with, a person, public body, Indian tribe or nonprofit organization to facilitate implementation of this section.

(10) The Water Resources Commission shall consider state-recognized place-based integrated water resources plans when updating the integrated state water resources strategy.

(11) The commission may adopt rules to implement this section, including rules that:

(a) Further clarify the expenditures that may be funded by the grants.

(b) Prioritize the issuance of funding for purposes described in this section and establish a system for scoring and ranking projects that includes consideration of groups' readiness for planning and projects' alignment with strategic priorities determined by state water laws and relevant state agencies.

(c) Establish requirements for promoting public participation and engaging environmental justice communities.

(d) Establish criteria and a process for state recognition of a place-based integrated water resources plan.

(e) Describe how the implementation of actions outlined in a state-recognized place-based integrated water resources plan may be considered and supported.

(f) Establish reporting and other requirements necessary to maintain the status of a state-recognized place-based integrated water resources plan, including requirements concerning:

(A) Progress on implementing a place-based integrated water resources plan.

(B) How strategies and actions outlined in a place-based integrated water resources plan must continue to represent a balance of in-stream and out-of-stream water interests.

(C) How the planning process continues to demonstrate a commitment to collaboration and adherence to principles of place-based integrated water resources planning and the integrated state water resources strategy described in ORS 536.220.

(12) In developing rules described in subsection (11) of this section, the commission shall consult with the agencies described in subsection (7) of this section and other affected agencies.

ORS 537.873

Added by 2023 Ch. 606, § 16

See note under 537.872.

Section 7, chapter 606, Oregon Laws 2023, provides:

Sec. 7. Report on implementing the 1998 Stewardship and Supply Initiative. On or before October 1, 2024, the Water Resources Department shall develop, and provide to a committee or interim committee of the Legislative Assembly related to water, an updated scope and estimated cost and timeline for implementing the 1998 Stewardship and Supply Initiative and a proposed approach to sequencing development of river basin assessment reports. [2023 c. 606, § 7]

Sections 8 and 9, chapter 606, Oregon Laws 2023, provide:

Sec. 8. Water management in the Chewaucan River watershed. (1) Oregon Consensus at Portland State University and Oregon State University shall establish a collaborative process for:

(a) Developing a shared understanding of water management in the Chewaucan River watershed; and

(b) Identifying broadly supported actions related to the Chewaucan River watershed that will strive to:

(A) Meet water needs, including needs for agricultural operations, communities, Lake Abert, wet meadows and fish and wildlife;

(B) Address the ecological health of Lake Abert and the entire Chewaucan River watershed; and

(C) Consider social, economic and environmental benefits and impacts.

(2) The process must be guided by a governance agreement that describes conditions for participation, the scope of the collaborative process, how decisions will be made and how the process will:

(a) Be developed by a collaborative group that represents a balance of interests, including but not limited to interests in in-stream and out-of-stream water;

(b) Address current and future in-stream and out-of-stream water needs;

(c) Promote contemplation of actions that are consistent with the state water resources policy as defined in ORS 536.007 and water-related state laws that are in effect on the effective date of this 2023 Act [August 4, 2023];

(d) Be developed through an open and transparent process that fosters public participation; and

(e) Be developed in consultation with the Department of Environmental Quality, the State Department of Fish and Wildlife, the Water Resources Department and affected federally recognized Indian tribes.

(3) The process may not delay or preclude the activities of agencies, including activities such as applying for in-stream water rights, regulating water use, managing water rights, collecting water-related data and performing technical analyses.

(4) The process may not interfere with water appropriations granted on or before the effective date of this 2023 Act for privately held surface and ground water rights to use water from the Chewaucan River watershed and the tributaries of the watershed.

(5) The process may not delay or preclude the activities of private landowners, including activities such as applying for new water rights, for water right transfer, for changes in points of diversion or appropriation or for irrigation uses, or any other activities allowed under water-related state laws. [2023 c. 606, § 8]

Sec. 9. Section 8 of this 2023 Act is repealed on June 30, 2025. [2023 c. 606, § 9]