OAR 690-018-0025: District Requirements

(1) Any district intending to seek allocations of conserved water pursuant to ORS 537.455 to 537.500 shall, after providing public notice and holding a public meeting, adopt a policy that at a minimum shall: (a) Describe how water saved by conservation measures will be allocated by the district; (b) Describe how the district will address the allocation of conserved water percentages under ORS 537.470; (c) Provide district patrons the opportunity to fund a share of the conservation project that is proportionate to the patron’s share of the water rights involved in the allocation of conserved water and to receive a corresponding share of the conserved water; (d) Provide district patrons an opportunity to petition for a vote by all district patrons on the policy pursuant to applicable statutes governing elections or recalls in the subject district; and (e) Provide district patrons an opportunity to appeal a proposed district conservation project to the district board of directors for failure to follow the district’s policy. (2) The adopted policy under section (1) of this rule shall be reviewed and updated by the board of directors of the district at least once every five years and may be reviewed and updated more frequently at the discretion of the board of directors of the district. Review and update of the adopted policy must comply with the process and provisions under section (1) of this rule. (3) This rule applies only to applications for allocations of conserved water filed by a district after November 5, 2004. This rule does not apply to applications for allocations of conserved water filed by individuals, including district patrons. (4) For the purposes of this rule, “district” means an irrigation district organized under ORS Chapter 545 or a water control district organized under ORS Chapter 553.