OAR 690-505-0620: Deschutes Basin Groundwater Mitigation Rules: Ground Water Permit and Final Order Conditions

(1) Any final order approving a ground water permit application and the associated permit and certificate issued subsequent to a notice of mitigation obligation under 690-505-0615(1) shall, as appropriate: (a) Specify the amount and location of the mitigation obligation; (b) Require that mitigation water be legally protected instream for instream use before the permit will be issued; (c) Require that mitigation water be committed for the life of the permit and subsequent certificate; (d) Require installation of a measuring device, monthly recording of water use and annual reporting of water use; (e) If the mitigation is from a secondary right for stored water from a storage project not owned or operated by the ground water permit applicant, require maintenance of a contract for the use of the water with the owner/operator of the storage project; (f) Provide for regulation and/or cancellation if the required mitigation is not maintained; and (g) Require additional mitigation if the Department determines that average annual consumptive use of the subject appropriation has increased beyond the originally mitigated amount. (2) Any final order issued under OAR 690, division 310 approving a ground water permit application subject to these rules, that is contingent upon mitigation being provided before a permit may be issued, shall expire 5 years after issuance unless the required mitigation is provided. (3) Failure to comply with conditions required under section (1) of this rule shall result in the Department regulating the associated ground water right, proposing to deny any permit extension application for the associated right, and proposing to cancel the associated permit.