OAR 695-048-0090: Application Requirements
Edition: Current OARD snapshotEffective: 2024-08-01Last verified: 2026-09-07
(1) In accordance with ORS 448.370 , OWEB will accept on a regular basis Drinking Water Source Protection G rant applications for the acquisitions of Protective In strument s that lead to the protection, restoration, or enhancement of drinking water sources . ( 2 ) If a W ater S upplier has formed or proposes to form a P artnership with a H older , the application must include, at a minimum, the following information about the P artnership : (a) A d escription of P artnership resources to assist with the long-term protection, restoration, or enhancement of drinking water source s. (b) Whether the P artnership’s mission support s the protection or restoration of natural resources and/or drinking water . (c) Documentation of a formal commitment between Water Supplier and Holder. ( 3 ) The application must include a n ordinance, order, or resolution by the applicant’s governing body authorizing the applicant to fulfill the obligations proposed in the applicant’s grant application. ( 4 ) The application must d escribe the timeline for acquiring the Pro tective Instrument within the period established by OWEB . ( 5 ) If the applicant is requesting loan repayment, then the application must include the fully executed loan agreement if in place or a draft of the agreement if the loan is not yet incurred . ( 6 ) The application must include a d emonstration of Water System and/or well ownership and authority to use the water ( i.e., hold s pertinent water right or has legal access to pertinent water right). ( 7 ) The application must show p roperty proximity to drinking water intake and/or wells and confirmation of location fully or partially within a Drinking Water Source Area. ( 8 ) Applicants must provide the S ource W ater A ssessment of the Drinking Water Source Area and explain how the proposed P roject w i ll address the risk(s) identified in the Source Water Assessment , including: (a) A d escription of land uses or activities that potentially result in pollution and may pose significant threat to water quality. (b) A d escription of which pollutant(s) will be addressed. (c) A d escription of how the protection, restoration, or enhanc e ment of lands accomplished by the proposed Protective Instrument will reduce risk or pollutant load to the drinking water source. (d) A m ap of the proximity of the la nd parcel and potential sources of pollution to sensitive areas for the drinking water source . (e) For groundwater-supplied Drinking Water Source Areas, a description of the hydrologic or soil characteristics of the source area that potentially allow the transport of contaminants to the well. ( 9 ) For Projects that provide water quantity benefits to a Drinking Water Source Area, the application must describe how the proposed Protective Instrument will protect or restore water storage capacity and/or base flow for the drinking water source . ( 10 ) Applications must include a description of community characteristics of the population served by the W ater S upplier , including information about the following: (a) W hether there are seasonal variations in the number of users and the impacts that has on the W ater S ystem ; (b) W hether drought or low water supply has impacted the Water System ; and ( c ) I nformation that demonstrate s whether the W ater S upplier is economically distressed due to : (A) S mall population size ; (B) T he population served by the W ater S upplier is lower income ; or (C) T he Water Supplier serves a rural community . ( 1 1 ) If a C onservation E asement or an estate in fee simple absolute transaction is not propose d , the application must explain the reasoning for the Protective Instrument propose d and the reasoning for the P roject duration if less than perpetual . (1 2 ) Applications must include documentation of an existing Long-Term Management Plan or the intent to develop a Long-Term Management Plan that incorporates measures targeted at maintaining or enhancing drinking water quality and/or quantity. If a Long-Term Management Plan does not exist or is not proposed, justification and rationale must be provided about why a Long-Term Management Plan is not necessary given the type of Protective Instrument proposed.
Official history and status
Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
This rule cites
- ORS 448.370 — resolved
Cited by
No inbound citations found.
Official source: https://secure.sos.state.or.us/oard/