Oregon Administrative Code

695-045-0190 Public Involvement The public shall be provided with meaningful opportunities to comment on grant applications being considered by the Board. In a manner consistent with this requirement, the governing bodies of cities and counties with jurisdiction in the area of th…

695-045-0195 Director Funding Approval and Distribution of Funds (1) The Director may approve the distribution of grant funds when: (a) The funding conditions, if any, imposed by the Board are satisfied to the full satisfaction of the Director; (b) The legal and financial terms o…

695-045-0200 Funding Decision Reconsideration by Board In the event that the Director determines an applicant has not met conditions imposed by the Board, the Director shall forward the determination in writing to the Board for its consideration. The applicant will be provided a …

695-045-0205 Compliance and Enforcement The ongoing use of the Property Interest acquired with OWEB Land Acquisition Grant funds shall be consistent with the purposes specified in section 4(b) Article XV of the Oregon Constitution. OWEB may initiate any and all legal remedies ava…

695-045-0206 Access OWEB, its contractors and cooperating agencies will be provided legal and sufficient access to Property Interest acquired with OWEB grant funds, for the purpose of monitoring and enforcing OWEB’s Conservation Easement rights and completing inspections and eval…

695-045-0210 Subsequent Conveyances (1) Subsequent conveyances of Property Interests acquired with OWEB grant funds must strictly comply with the requirements of ORS 541.960, including, but not limited to, the requirement that subsequent conveyances be made subject to Board appro…

695-045-0215 Waiver and Periodic Review of Rules The Director may waive the requirements of division 45 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Board’s land acquisition grant prog…

695-046-0010 Purpose In accordance with Section 4b of Article XV of the Oregon Constitution and ORS 541.956, OWEB may consider grant applications that propose to acquire interests in water from willing sellers that result in Legally or Contractually Protected Instream Flow to mai…

695-046-0020 Definitions (1) “Conserved Water” means that amount of water that results from conservation measures, measured as the difference between: (a) The smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing fa…

695-046-0035 Eligibility (1) The Board will only consider Water Acquisition Projects involving legal water rights not subject to forfeiture that will result in Legally or Contractually Protected Instream Flows to: (a) Address identified conservation needs of habitats and species …

695-046-0185 Use of Grant Funds Water acquisition grant funds may be applied toward reasonable costs, as determined by OWEB, related to the implementation of Water Acquisition Projects, including: (1) The purchase price and the purchase option fees associated with acquisition of …

695-046-0190 Matching Contributions (1) The following costs and activities will qualify as Match: (a) All costs listed under OAR 695-046-0185, including in-kind contributions of those costs. (b) Funding commitments made by others as a result of grant applicant efforts. (c) Any do…

695-046-0195 Coordinating and Partnering with Other Funders In accordance with Section 4b of Article XV of the Oregon Constitution, OWEB may consider grant applications in partnership with other funders for the purposes of creating operational efficiencies and coordinating invest…

695-046-0196 Evaluation Criteria Water acquisition grant applications will be evaluated on the extent to which the application describes: (1) The significance of the projected ecological outcomes, including how the proposed Water Acquisition Project: (a) Achieves or helps to achi…

695-046-0200 Application Evaluation Process (1) For water acquisition applications seeking grant funds that require the Board to make a funding decision: (a) A Technical Review Team will be convened to review water acquisition grant applications. (b) Prior to the Technical Review…

695-046-0201 Staff Funding Recommendation Process (1) For water acquisition grant applications seeking grant funds that require the Board to make a funding decision: (a) Staff shall review the recommendations from each Technical Review Team and make a statewide funding recommenda…

695-046-0202 Funding Decision (1) For water acquisition grant applications seeking grant funds that require the Board to make a funding decision: (a) After considering recommendations from staff, and any public comments received, the Board may fund a project in whole or in part. …

695-046-0205 Public Involvement The public shall be provided with opportunities to comment on grant applications for Water Acquisition Projects being considered by the Board. OWEB will provide written notice through its website of the Board’s intent to consider water acquisition …

695-046-0210 Board Approval and Delegation of Authority The Board shall conditionally approve grants with funding conditions made available to the public. The Director is delegated the responsibility of ensuring that funding conditions required by the Board are fully satisfied by…

695-046-0215 Director’s Funding Approval and Distribution of Funds (1) The Director may approve the distribution of grant funds when: (a) A Grant Agreement is executed by the Director and the grant applicant; (b) The funding conditions, if any, imposed by the Board and Director a…

695-046-0220 Compliance and Enforcement (1) The ongoing use of the water interests acquired with OWEB water acquisition grant funds shall be consistent with the purposes specified in section 4b Article XV of the Oregon Constitution. If significant compliance issues cannot be reso…

695-046-0225 Subsequent Conveyances A water interest acquired with OWEB grant funds shall not be conveyed to another party unless the conveyance is approved by the Board and may not be conveyed for the purpose of consumptive uses. Statutory/Other Authority: ORS 541.906 Statutes/O…

695-046-0230 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 46 for individual grant applications, not including mandatory constitutional or statutory requirements, when doing so is reasonably calculated to result in more efficient or effec…

695-047-0010 Purpose The Board shall provide grants, as funds are available, for Focused Investment Partnership initiatives that address Board-identified priorities of significance to the State. This Division supplements the OWEB Grant Program rules under OAR 695-005 and provides…

695-047-0020 Definitions (1) "Conservation Actions" are specific ecological conservation or restoration interventions, treatments, projects, or other activities that will contribute to specific Conservation Output objectives. (2) "Conservation Outputs” are specific products or yi…

695-047-0030 Board-identified Priorities At least every five years, the Board shall approve ecological priorities of significance to the State to be addressed by Focused Investment Partnerships Initiatives. Ecological priorities shall be determined with public input and scientifi…

695-047-0040 Eligibility The Board shall only consider a Focused Investment Partnership Initiative application that: (1) Addresses a Board-identified priority of significance to the state; and (2) Is to be implemented by a High-Performing Partnership. (3) Demonstrates that match …

695-047-0060 Evaluation Criteria Focused Investment Partnership Initiative applications shall be evaluated on: (1) The extent to which the partnership has the capacity to partner and engage the community within the Initiative geography; (2) The extent to which the partnership dem…

695-047-0070 Focused Investment Partnership Initiative Expert Review Process For Focused Investment Partnership Initiatives, OWEB shall convene an Expert Review Team. The Expert Review Team shall evaluate, rank, and provide a funding recommendation for Focused Investment Partners…

695-047-0080 Focused Investment Partnership Initiative Funding Recommendation Process For Focused Investment Partnership Initiative applications: (1) OWEB staff shall review the results from the Expert Review Team and make a funding recommendation, based on the current Board-adop…

695-047-0090 Board Funding Decision For Focused Investment Partnership Initiatives, the Board shall award funds on a biennial basis. Subject to Board evaluation and future appropriations, the Board seeks investment for up to six years for each Initiative. Prior to soliciting for …

695-047-0100 Focused Investment Partnership Implementation Initiative Partnership Agreement (1) For Focused Investment Partnership Initiatives, a partnership agreement shall be executed between OWEB and Core Partners that shall stipulate the terms of the Initiative. (2) The agree…

695-047-0110 Focused Investment Partnership Implementation Initiative Project-level Grant Process (1) The core partners of a Focused Investment Initiative shall select projects to implement the Initiative. (2) Project applications shall be submitted on the most current format pre…

695-047-0120 Distribution of Funds Focused Investment Partnership Initiative funds shall be distributed through project-level grant agreements through a process described in the partnership agreement described in OAR 695-047-0100. Statutory/Other Authority: ORS 541.906 Statutes/O…

695-047-0130 Reporting (1) Reporting for project-level grants shall be determined in each project grant agreement. (2) At the end of each biennium, the Focused Investment Initiative partnerships shall, in collaboration with OWEB staff, report the following to the Board: (a) Initi…

695-047-0140 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 47 unless required by statute, when doing so will result in more efficient or effective implementation of the Board’s Focused Investment Partnership grant program. Any waiver must…

695-048-0010 Purpose (1) These rules guide the Oregon Watershed Enhancement Board “OWEB” in administering the Drinking Water Source Protection Grant Program under the provisions of ORS 448.370-448.380. The program includes grants to Water Suppliers to protect, restore, or enhance…

695-048-0020 Definitions (1) “Community Drinking Water Enhancement and Protection Fund” is a fund established in the State Treasury for use by OWEB to carry out the purpose of ORS 448.370. (2) “Community Water System” means a Public Water System that has 15 or more service connec…

695-048-0030 Protective Instrument Requirements (1) A Protective 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…

695-048-0040 Eligible Applicants (1) Eligible applicants include Water Suppliers with service populations at or below 25,000 users. Applicants described in OAR 695-005-0040(2) are not eligible for Drinking Water Source Protection Grants unless they otherwise qualify as Water Supp…

695-048-0050 Eligible Properties (1) Eligible properties for Drinking Water Source Protection Grants are lands for which the acquisition of a Protective Instrument will result in the protection, restoration, or enhancement of those lands for the benefit of a drinking water source…

695-048-0060 Eligible Systems (1) Eligible Public Water Systems include: (a) Community Water Systems owned by a local government or non-profit Water Supplier; (b) Transient Non-Community Water Systems owned by a local government or non-profit Water Supplier; (c) Non-Transient Non…

695-048-0070 Maximum Grant Amount The maximum available award for a Drinking Water Source Protection Grant is $3,000,000. 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…

695-048-0080 Matching Contributions (1) Notwithstanding anything to the contrary in OAR Chapter 695, Division 5, a grant recipient shall provide at least five percent of the total Board Grant request as a match. Match contributions must be from non-OWEB sources. (2) The following…

695-048-0090 Application Requirements (1) In accordance with ORS 448.370, OWEB will accept on a regular basis Drinking Water Source Protection Grant applications for the acquisitions of Protective Instruments that lead to the protection, restoration, or enhancement of drinking wa…

695-048-0100 Use of Grant Funds Funding for the Community Drinking Water Enhancement and Protection Fund comes from the General Fund and from Lottery Revenue Bonds. Eligible costs for each fund source are specified in this section. Lottery Revenue Bonds shall not be used for loan…

695-048-0110 Evaluation Criteria Drinking Water Source Protection Grant applications shall be evaluated on the following criteria: (1) Significance of the acquisition of the Protective Instrument to the protection, restoration, or enhancement of drinking water sources with respec…

695-048-0120 First Grant Solicitation Cycle For applications submitted during the first grant solicitation cycle of the Drinking Water Source Protection Grant Program, Matching Contributions (OAR 695-048-0080), Use of Grant Funds (OAR 695-048-0100), and Evaluation Criteria (OAR 6…

695-048-0130 Grant Agreement Conditions Upon Board approval of a Grant, the Board shall enter into a grant agreement with the Grantee that shall include conditions as the Board deems appropriate to the particular circumstances of the Project, including but not limited to: (1) The…

695-048-0140 Board Approval and Delegation of Authority (1) The Board shall approve grants in accordance with this OAR Chapter 695, Division 48. The Director is delegated all necessary authority to ensure that funding conditions required by the Board are fully satisfied by the Gr…