Oregon Administrative Code

690-090-0040 Closing of the Loan (1) Arrangements for repayment of a loan shall be made by the applicant and the director. (2) The loan contract shall set forth the repayment schedule. The repayment schedule shall: (a) Include the amortization of the principal plus interest and p…

690-090-0045 Issuance of Bonds (1) Requests to issue bonds to finance water development loans may be made to the State Treasurer by the commission as the commission finds necessary. (2) The director shall act on behalf of the commission at bond sales to accept or reject bid offer…

690-090-0050 Loan Servicing (1) The director or the director’s designee may conduct periodic inspections of water projects. (2) The director shall issue to the borrower satisfactions of mortgage or liens as appropriate when the accounts or liens are paid in full. (3) The director…

690-090-0055 Collection of Delinquencies The director may use any of the following methods to collect delinquent accounts, unless otherwise precluded by specific loan contract provisions: (1) Establish and impose a late charge as provided for in the individual loan agreements, co…

690-090-0060 Property Management The Director may initiate any of the following actions in order to protect the State’s interest in property owned by the Fund: (1) Enter into service contracts to establish value of security for the management of farm operations, servicing, repair…

690-093-0010 Purpose The purpose of OAR 690-093 is to establish a means for state government to support the development of water resource projects having economic, environmental and community benefits. The rules establish procedures and requirements for the funding of water resou…

690-093-0020 Definitions The following definitions apply to this division of the rules: (1) “Collateral” means the security pledged for the payment of a loan. (2) “Commission” means the Water Resources Commission. (3) “Conserved Water” means that amount of water that results from…

690-093-0030 Authorized Use of Funds (1) The Department may expend moneys from the Water Supply Development Account for: (a) Subject to subsection (3) of this section, making loans and grants to evaluate, plan and develop instream and out-of-stream water development projects appr…

690-093-0040 Loan and Grant Applicant Eligibility (1) Parties eligible for a loan or grant under these rules include persons, Indian tribes, and non-profit organizations. (2) If an applicant is required to have a water management and conservation plan as prescribed by a condition…

690-093-0050 Pre-Application Conferences (1) A pre-application conference may be requested by prospective applicants. (2) The Department may request, and the applicant must provide 14 days prior to the conference, adequate project information to prepare for the pre-application co…

690-093-0060 Application Submission Periods (1) The Department shall accept an application for a loan or grant at any time, but shall establish a yearly deadline for the consideration of a pool of applications. (2) The Department will conduct a preliminary review of the applicati…

690-093-0070 Application Requirements (1) Applications for a loan or grant from the Water Supply Development Account must be in a form prescribed by the Water Resources Department and must include the following: (a) A description of the need, purpose and nature of the project, in…

690-093-0080 Public Comment (1) The Department shall provide public notice and a 60-day period for public comment prior to initial scoring by the Technical Review Team by posting applications passing an initial review on the Department’s website. (2) Additional public comment wil…

690-093-0090 Scoring and Ranking; Funding Decisions (1) The primary elements in the process of scoring and ranking of applications include the following: (a) Initial review for completeness by the Department; (b) Public comment; (c) The Technical Review Team conducts the initial …

690-093-0100 Project Selection (1) The Commission shall select projects for funding which have the greatest public benefit and will achieve the outcomes listed in subsection (3) of this section. (2) Project evaluation shall include: (a) The public benefit in three categories: (A)…

690-093-0110 Water Dedicated Instream for Certain Above-Ground Storage Facilities (1) For the purposes of this section “dedicated instream” has the same meaning as “protected instream” as defined in OAR 690-093-0020(13). (2) The recipient of a grant for the development of a new o…

690-093-0120 Demonstration of Public Benefits of Project (1) A project that receives a loan or grant from the Water Supply Development Account must: (a) Demonstrate social or cultural benefits and economic benefits sufficient to qualify the project under the scoring and ranking s…

690-093-0130 Seasonally Varying Flows (1) For the purposes of this section “sufficient” information means enough scientific information collected using standard biological, hydrologic, or hydraulic methods to develop the recommended flow prescription. (2) The Department shall mak…

690-093-0150 Agreements and Conditions (1) Before loan or grant moneys are expended from the Water Supply Development Account for the construction of a project, the recipient must obtain all applicable local, state and federal permits. (2) Project materials must include a notatio…

690-093-0160 Authority of the Director (1) The Director is authorized by the Commission to enter into agreements with applicants who have been awarded a grant or loan by the Commission. (2) The Director may: (a) Contract with regulated lenders, state or federal agencies or others…

690-093-0170 Loan Interest Rates and Terms (1) Interest on loans shall be at reasonable rates as determined by the Commission. (2) Loan repayment terms shall be for no more than 50 years and shall not exceed the estimated lifespan of the project. Statutory/Other Authority: ORS 54…

690-093-0180 Loan Closing (1) If the Commission approves a loan, the Department and the applicant or applicants shall enter into an agreement for repayment; arrangements for repayment shall be made by the applicant and the Director. (2) The loan agreement shall set forth the repa…

690-093-0190 Standards for Security of Loans Loans shall not be approved unless: (1) The applicant demonstrates and the Department finds that the loan will comply with all requirements of the Department and any applicable federal and state requirements. (2) The Director determine…

690-093-0200 Program Review (1) The Water Resources Department shall review the loan and grant program on a biennial basis to assess to what extent the outcomes described in ORS 541.677 are being achieved, and shall report the review findings to the Water Resources Commission. (2…

690-095-0005 Purpose, Statutory Authorization (1) The Water Development Fund [Article XI-I(1), Constitution of Oregon] provides financing for loans for the construction of water development projects for irrigation, drainage, fish protection, watershed restoration and municipal us…

690-095-0010 Definitions The words and phrases used in these rules have the meaning given in ORS 541.600 and ORS 541.700, unless they are otherwise specifically defined in this division. (1) “Adequate Security” means the pledge of real or personal property or a credit enhancement…

690-095-0015 Eligibility: Applicant and Project (1) To be eligible, an applicant must be a qualified water developer seeking to finance a water development project in the Columbia River Basin under the loan program. (2) To be eligible, projects shall meet the definition of a “wat…

690-095-0020 Eligible Costs The department shall determine the eligible costs during the pre-application conference or the loan review process. Subject to these rules, a loan may be approved to pay the “startup costs” relating to a water development project. “Startup costs” must …

690-095-0025 Ineligible Costs The director may not issue a loan to provide assistance for ‘on-going’ operation or maintenance costs of a water development project. A loan may not be used to pay any capital costs incurred prior to execution of the loan document without prior appro…

690-095-0030 Authority of Director (1) Loans over three million dollars that meet the statutory requirements of ORS 541.600 through 541.855 and these rules may only be approved by the commission. (2) The director is authorized by the commission to approve loans under three millio…

690-095-0035 Loan Advisory Board (1) The director may appoint a loan advisory board to review applications made under the loan program and pursuant to these rules make recommendations thereon to the director. The scope of application review shall be limited to the adequacy of sec…

690-095-0040 Application (1) Applications for loans to fund water development projects in the Columbia River Basin shall be filed under these rules and pursuant to ORS 541.600 through 541.855. The terms used in the application shall have the meanings given in these rules, ORS 541…

690-095-0045 Public Notice and Review Period (1) Upon receipt of an application that the director determines is complete in accordance with these rules, the director will provide public notice of the application by posting it on the department website for 60 days beginning with t…

690-095-0050 Criteria for Granting a Loan (1) Loans shall not be approved unless: (a) The applicant demonstrates and the department finds that the loan will comply with the requirements of Article XI-I(1) of the Oregon Constitution, ORS 541.600 to 541.855, and any applicable fede…

690-095-0055 Appeal Process (1) If the director rejects an application or approves a loan amount different than that requested by the applicant, the applicant may file an appeal to the commission. The commission, upon making a finding, may reverse, modify or affirm the director's…

690-095-0060 Loan Security (1) The director shall require repayment of an approved loan to be secured by a first priority lien or by other good and sufficient collateral as described in ORS 541.740, as applicable to the applicant. The director, in his or her discretion, using the…

690-095-0065 Interest Rates (1) The director shall consult the State Treasurer before setting the interest rate on a loan in order to determine that the interest rate on the loan is sufficient to pay all costs associated with the bond issuance and expenses incurred in issuing the…

690-095-0070 Loan Contract (1) The loan contract shall contain the provisions required by Section 26(3) and (4) of chapter 907, Oregon Laws 2009, any provisions the director considers necessary to ensure expenditure of the loan proceeds for the purposes set forth in the approved …

690-095-0075 Conditions to Disbursement of Loan Funds The director shall withhold payment of funds under a loan contract until any necessary federal and state environmental impact approval processes have been completed for the project and any relevant approvals and permits from a…

690-095-0080 Fees and Charges (1) At the time an applicant first submits any part of an application with the department, the applicant must pay an application fee equal to the lesser of 0.10 percent of the requested loan amount or $2,500. (2) The director may require the applican…

690-095-0085 Issuance of Bonds Bonds may be issued at the request of the director and administered as provided in ORS chapter 286A and 541.780 to 541.840. Bonds may be issued prior to and after the execution of any loan contracts entered into with respect to the bonds. Statutory/…

690-095-0090 Loan Servicing The provisions of OAR 690-090-0050 apply to loans and loan contracts entered into under the loan program and these rules. Statutory/Other Authority: ORS 536.027 & 541.646 Statutes/Other Implemented: ORS 541-600 - 541.646 History: WRD 2-2010, f. & cert.…

690-095-0095 Collection of Delinquencies The provisions of OAR 690-090-0055 apply to loans and loan contracts entered into under the loan program and these rules. Statutory/Other Authority: ORS 536.027 & 541.646 Statutes/Other Implemented: ORS 541-600 - 541.646 History: WRD 2-201…

690-095-0100 Property Management The provisions of OAR 690-090-0060 apply to loans and loan contracts entered into under the loan program and these rules. Statutory/Other Authority: ORS 536.027; ORS 541.646 Statutes/Other Implemented: ORS 541-600-541.646 History: WRD 2-2010, f. &…

690-100-0005 Purpose (1) ORS 541.830 and 542.075 authorize the Legislative Assembly to partially fund water development projects which afford public benefits, in proportion to those benefits. This legislation was enacted in 1981. (2) These rules provide the procedure for determin…

690-100-0010 Definitions (1) “Affected local government” means any local government, as defined in OAR 690-005-0015, within whose jurisdiction water is or would be diverted, conveyed, or used in conjunction with a proposed or financed project. (2) “Director” — The director of the…

690-100-0015 Eligibility (1) To be eligible to apply for partial repayment of a project financed under the Water Development Loan Program, an applcant shall meet the definition of a Water Developer, as stated in ORS 541.700. (2) Any sponsor of a Proposed Project as defined in the…

690-100-0020 Application Procedure Information required in the application shall be in the format specified by the Water Resources Commission. The application shall include, but not be limited to, the following: (1) A description of the project, in summary form, which identifies …

690-100-0025 Criteria and Procedure for Determining Public Benefit (1) In determining public benefits, the Director, acting for the Commission, shall request data and information from appropriate others. The Director shall recommend to the Water Resources Commission the dollar am…

690-100-0030 Commission’s Recommendation (1) The Commission, with the approval of the Governor, shall recommend to the Legislative Assembly funding of water development projects in proportion to the public benefits offered. (2) The Commission’s recommendation shall contain: (a) A…