(2) A person proposing a project that makes water available for mitigation may apply to the Water Resources Department for approval of the project and a preliminary finding as to the amount of mitigation credits available, based on the amount of water made available by the project. Projects approved by the department shall comply with all other applicable provisions of law, including relevant portions of ORS 390.835, and may not result in injury to existing water rights.
(3)(a) The amount of mitigation credits awarded for a completed project, or any completed phase of the project, shall be equal to the amount of water made available by the project as determined and approved by the department.
(b) A final award of mitigation credits by the department shall be made upon completion of the approved project by the applicant and verification by the department that the project is complete. The department may provide for a partial award of mitigation credits to correspond with completion of approved phases of project implementation.
(c) Mitigation credits shall remain valid until exercised by the holder.
(4) The commission may by rule provide for the recognition or establishment of mitigation banks to facilitate transactions among the holders of mitigation credits and persons who desire to acquire mitigation credits. The mitigation credits may be assigned by the person creating the project to another person or a mitigation bank.
(5) The Water Resources Department shall prepare an annual report on the implementation and management of the system of mitigation credits established by subsections (1) to (4) of this section. [2001 c.659 §§2,3]
Note: Sections 1, 2, 4 and 5, chapter 669, Oregon Laws 2005, provide:
Sec. 1. Section 2 of this 2005 Act is added to and made a part of ORS 537.505 to 537.795. [2005 c.669 §1]
Sec. 2. The Legislative Assembly declares that rules adopted by the Water Resources Commission for the Deschutes Basin ground water study area and certified effective by the Secretary of State on September 27, 2002, satisfy the requirements relating to mitigation under ORS 390.805 to 390.925, 537.332 to 537.360 and 537.505 to 537.795. [2005 c.669 §2]
Sec. 4. Section 2 of this 2005 Act applies to all ground water permits containing a ground water mitigation requirement, all final orders approving water right applications containing a ground water mitigation requirement, all mitigation credits, all ground water mitigation projects and all mitigation banks issued or approved in the Deschutes River Basin by the Water Resources Department or the Water Resources Commission before, on or after the effective date of this 2005 Act [July 29, 2005]. [2005 c.669 §4]
Sec. 5. (1) The Water Resources Commission shall repeal the rules referred to in section 2, chapter 669, Oregon Laws 2005, on January 2, 2029.
(2) Ground water permits and mitigation projects approved before the repeal remain valid and effective. [2005 c.669 §5; 2011 c.694 §1]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 537 - Appropriation of Water Generally
Section 537.090 - Laws applicable to geothermal wells.
Section 537.095 - Interference between geothermal well and other water appropriation.
Section 537.097 - Verification of land ownership; time limits; exception.
Section 537.099 - Water use report from governmental entity.
Section 537.130 - Permit to appropriate water required; notification to owner of certain land.
Section 537.131 - Reclaimed water.
Section 537.132 - Exemption from permit requirement for use of reclaimed water; rules.
Section 537.133 - Permittee’s right to enter on forestland; notice.
Section 537.139 - Failure to obtain authorization for access to certain land.
Section 537.140 - Application for permit; contents; maps and drawings.
Section 537.141 - Uses of water not requiring water right application, permit or certificate; rules.
Section 537.144 - Request for right to use water under limited license; fee.
Section 537.145 - Notice of filing of application to appropriate water for hydroelectric purposes.
Section 537.147 - Permit to use stored water; fee.
Section 537.170 - Contested case hearing on application; final order; appeal.
Section 537.173 - Exceptions to final order; modified order.
Section 537.220 - Assignment of application, permit or license.
Section 537.225 - Full or partial assignment of water right permit; issuance of replacement permits.
Section 537.227 - Protest of application to assign all or part of water right permit.
Section 537.252 - Certificate issued for land not described in permit; notice.
Section 537.283 - Procedure for applications to appropriate water for hydroelectric power; rules.
Section 537.289 - Conditions to be imposed on permit of municipal corporation or district.
Section 537.292 - Conditions to be imposed on certificate of municipal corporation or district.
Section 537.310 - Acquisition of water rights for railway purposes; certificates.
Section 537.332 - Definitions for ORS 537.332 to 537.360.
Section 537.343 - Proposed final order; conditions.
Section 537.350 - Legal status of in-stream water right.
Section 537.385 - Extension of irrigation season; rules; limitations.
Section 537.400 - Reservoir permits.
Section 537.405 - Exempt reservoirs; written notification to department; injury to other users.
Section 537.455 - Definitions for ORS 537.455 to 537.500 and 540.510.
Section 537.460 - Legislative findings; policy.
Section 537.463 - Applicability of ORS 537.455 to 537.500.
Section 537.465 - Application for allocation of conserved water; submission; required contents.
Section 537.480 - Rules; criteria for evaluating allocation and determining mitigation required.
Section 537.485 - Priority of right to use conserved water; choice of priority.
Section 537.490 - Use of conserved water; notice of dispensation of right to use.
Section 537.495 - Receipt by state agency or political subdivision of right to use conserved water.
Section 537.500 - Legal status of conserved water right.
Section 537.515 - Definitions for ORS 537.505 to 537.795 and 537.992.
Section 537.532 - Injection of ground water into aquifers; standards.
Section 537.545 - Exempt uses; map; filing of use; fee; rules.
Section 537.622 - Contested case hearing; parties; issues.
Section 537.625 - Final order; appeal; contents of permit.
Section 537.626 - Exceptions to final order; modified order.
Section 537.629 - Conditions or limitations to prevent interference with other users.
Section 537.635 - Assignment of application, certificate of registration or permit.
Section 537.670 - Determination of rights to appropriate ground water of ground water reservoir.
Section 537.685 - Findings of fact and order of determination.
Section 537.730 - Designation of critical ground water area; rules; notice.
Section 537.735 - Rules designating critical ground water area.
Section 537.743 - Program to remediate certain domestic water wells.
Section 537.744 - Domestic Well Remediation Fund.
Section 537.745 - Voluntary agreements among ground water users from same reservoir.
Section 537.747 - Water well constructor’s license; rules; fees.
Section 537.750 - Examination for license.
Section 537.753 - Bond or letter of credit; landowner’s permit and bond; fee.
Section 537.762 - Report of constructor before beginning work on well; rules; fees.
Section 537.763 - Water Resources Department Operating Fund.
Section 537.767 - Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund.
Section 537.772 - Pump tests; report; rules for waiver.
Section 537.775 - Wasteful or defective wells; permanent abandonment of old well.
Section 537.777 - Regulation of controlling works of wells and distribution of ground water.
Section 537.780 - Powers of Water Resources Commission; rules; limitations on authority.
Section 537.781 - Applying for injunction to address violation or potential violation.
Section 537.787 - Investigation of violation of ground water laws; remedies for violation.
Section 537.789 - Well identification number.
Section 537.791 - Request for well identification number.
Section 537.796 - Rules regarding low temperature geothermal appropriations.
Section 537.798 - Water right examiner certificate; regulation of profession; rules; fees.
Section 537.799 - Survey for issuance of water right certificate.
Section 537.800 - Waste, spring and seepage waters; laws governing.
Section 537.801 - Definitions; findings.
Section 537.803 - Application proposing use of water outside of basin of origin; contents.
Section 537.805 - Processing of application; hearing; action on application.
Section 537.855 - Domestic water supply district permitted to divert water out of state; conditions.
Section 537.880 - Policy; log requirement; reporting.
Section 537.885 - Licensing or registration required for drilling of geotechnical hole.
Section 537.890 - Report form; rules; fees.
Section 537.895 - Water Resources Department Geotechnical Fund.
Section 537.990 - Criminal penalties.
Section 537.992 - Civil penalties; schedule of penalties; rules.