OAR 695-048-0030: Protective Instrument Requirements

( 1 ) A Pr otective Instrument accomplishing the protection , restoration, or enhancement of land for the benefit of a drinking water source, other than a deed conveying an estate in fee simple absolute , acquired with funds awarded in a Drinking Water Source Protection G rant shall include: (a) A legal d escription of the land subject to the Protective Instrument acquired ; (b) T he objectives of the g rant and terms demonstrating how the P rotective I nstrument will meet those objectives ; (c) Specific obligations of the Grantee including, but not limited to: ( A ) A r equirement that the Grantee will monitor the property , at least annually, and enforce the terms in the Protective Instrument ; ( B ) A r equirement that the Grantee will repay the grant funds to OWEB if Grantee fails to enforce the terms of the Protective Instrument ; ( C ) A covenant that the Grantee will not modify , assign , transfer, or convey the Pro tective Instrument without the consent of OWEB and , if applicable, the Department of Administrative Services ; and ( D ) Terms that provide for the obligations to run with the land and bind any successor in interest or permitted assignee . (d) A r equirement that OWEB and its designees will be provided sufficient legal access to the land protected, restored, or enhanced for the benefit of a drinking water source accomplished by the P rotective Instrument acquired with Drinking Water Source Protection Grants , given reasonable notice, for the purpose of compliance inspections . (e) The duration of the protection of land for the benefit of a drinking water source accomplished by the Protective Instrument : ( A ) A C onservation E asement shall last in perpetuity. ( B ) The duration of the protection of land for the benefit of a drinking water source accomplished by any other Protective Instrument, other than a deed conveying an estate in fee simple absolute , may last for a term unlimited in duration unless the instrument creating it otherwise provides. A real covenant term shall be set at 12-month increments only and not partial years. (2) If the Project includes a Partnership with a Holder, and the Grantee will not hold the P rotective Instrument , the Holder will be required to execute any Protective Instrument so that it meets the requirements in OAR 695-048-0030(1)(a)-(e) . (3) If a Grantee, or a Holder in P artnership with the Grantee, acquires an estate in fee simple absolute , the Grantee or the Holder, sh all r ecord on title a Notice of Grant Requirements that includes OAR 695-048-0030(1)(a)-(e) .