OAR Chapter 695 — Oregon Watershed Enhancement Board

Division 1 PROCEDURAL RULES

Or. Admin. R. 695-001-0000 Notice Rule

Prior to adoption, amendment or repeal of any rule, the Oregon Watershed Enhancement Board will give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action.

(2) By mailing a copy of the notice to persons on the Oregon Watershed Enhancement Board's mailing list established pursuant to ORS 183.335(8) at least 28 days prior to the effective date.

(3) By mailing or furnishing a copy of the notice at least 28 days prior to the effective date to:

(a) Organizations:

(A) Watershed Councils and Watershed Interest Groups;

(B) Soil and Water Conservation Districts;

(C) Such other environmental and resource interests who have expressed an interest in the Oregon Watershed Enhancement Board Program; and

(D) The Nine Federally Recognized Indian Tribes.

(b) State Agencies:

(A) Agriculture, Department of;

(B) Environmental Quality, Department of;

(D) Forestry, Department of;

(E) Water Resources Department;

(F) Geology and Mineral Industries, Department of;

(G) Governor’s Office, Assistant for Natural Resources;

(H) Health Division, Department of Human Resources;

(I) Land Conservation and Development;

(J) Parks and Recreation Department;

(K) Department of Transportation;

(L) Oregon Department of Education;

(M) State Lands, Department of; and

(N) Oregon State University Extension Service Watershed Group.

(A) Bureau of Land Management;

(B) Corps of Engineers;

(D) Forest Service;

(E) Environmental Protection Agency;

(F) Natural Resources Conservation Service;

(G) NOAA Fisheries;

(H) The US Fish and Wildlife Service;

(I) The Bonneville Power Administration;

(J) The Northwest Power and Conservation Planning Council; and

(K) Other public agencies with similar resource responsibilities or who have expressed an interest in the OWEB Program.

(d) News Media.

(4) By mailing or furnishing a copy of the notice at least 49 days prior to the effective date to the appropriate legislators under 183.335(15).

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 541.890 - 541.965
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
GWEB 1-1997, f. & cert. ef. 10-29-97
GWEB 4-1987, f. & ef. 10-20-87
GWEB 2-1987(Temp), f. & ef. 8-27-87

Or. Admin. R. 695-001-0005 Model Rules of Procedure

The Oregon Attorney General’s Model and Uniform Rules of Procedure, January 2004 edition, were adopted by the Oregon Watershed Enhancement Board on September 14, 2004 and will be followed in all matters except where a different procedure is prescribed by statute.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Watershed Enhancement Board.]

History

Statutory/Other Authority: ORS 183, 541 & Ch. 734 & OL 1987
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
GWEB 1-1992, f. & cert. ef. 6-29-92
GWEB 1-1989, f. & cert. ef. 3-9-89
GWEB 1-1987, f. & ef. 8-27-87

Division 3 PUBLIC RECORDS ACCESS AND REPRODUCTION

Or. Admin. R. 695-003-0010 Purpose

These rules govern implementation by the Oregon Watershed Enhancement Board (OWEB) of the public records law, ORS 192.410 to 192.505, including fees for recovery of the actual costs involved in making public records available and in providing copies of public records, pursuant to ORS 192.440.

History

Statutory/Other Authority: ORS 541.906, 192.430 & 192.440
Statutes/Other Implemented: ORS 192.410 - 192.505
OWEB 1-2008, f. & cert. ef. 3-25-08

Or. Admin. R. 695-003-0020 Requests to Inspect or Obtain Copies of Public Records

(1) The right to review public records includes the right to review the original public record where practicable. The requester does not have a right to personally locate the public record or to review portions of the public record that are exempt from disclosure pursuant to ORS 192.501 to 192.505.

(2) A request to inspect or obtain copies of a public record or information from public records must be made in writing to the Public Records Coordinator at the Oregon Watershed Enhancement Board, 775 Summer Street NE, Suite 360, Salem, OR 97301-1290, and must include:

(a) The name, mailing address, email address, and telephone number of the requester;

(b) Identification of the needed public record or of the type and format of needed public record information, if known to the requester;

(c) The time period the records or information were produced, and the officials involved in producing the records or relevant information, if known to the requester; and

(d) The number of copies for each item requested of the record, if copies are requested.

(3) OWEB will make all its public records, not otherwise exempt from disclosure by law, available for inspection and copying during regular business hours.

(4) OWEB may condition the time and manner of inspection or copying as necessary under the circumstances to protect the records and prevent interference with the regular discharge of the duties of the OWEB Board, OWEB, and OWEB’s employees.

(5) OWEB will accommodate public records requests from persons with disabilities in accordance with the Americans with Disabilities Act.

History

Statutory/Other Authority: ORS 541.906, 192.430 & 192.440
Statutes/Other Implemented: ORS 192.410 - 192.505
OWEB 1-2008, f. & cert. ef. 3-25-08

Or. Admin. R. 695-003-0030 Fees for Inspections or Copies of Public Records

(1) A person inspecting a public record or receiving a copy of a public record or information from a public record must pay OWEB’s actual costs, as follows:

(a) The cost of staff time necessary to locate and handle the records, to delete material exempt from disclosure and to supervise the inspection by the requester;

(b) The cost of producing the copy or the information; and

(2) The OWEB Board shall establish the agency’s list of fees for inspection and copying of public records. The list of fees shall be posted on OWEB’s website and shall be available on request from OWEB. The OWEB Board shall review the list of fees adopted from time to time in order to ensure that the fees reflect current actual costs.

(3) If the request appears to require services for which no fee has been established, the actual costs will be determined or estimated by OWEB, and the requester will be notified of those costs before OWEB complies with the request.

(4) OWEB may require that all or a portion of the estimated fees be paid before the public record is made available for inspection or copies provided.

(5) Payment for public record requests may be made in the form of cash, check, or money order.

History

Statutory/Other Authority: ORS 541.906, 192.430 & 192.440
Statutes/Other Implemented: ORS 192.410 - 192.505
OWEB 1-2008, f. & cert. ef. 3-25-08

Or. Admin. R. 695-003-0040 Exception to Fee Charge; Fee Waivers and Reductions

(1) There is no fee for obtaining one or more copies of a public record, if providing one or more copies of that particular public record without charge is part of OWEB’s programs at the time of the request, including but not limited to the public distribution of OWEB reports, news releases and public notices, and the routine provision of public records or information from public records related to grant administration or the Oregon Plan.

(2) Subject to the exception described in subsection (1), no fee waiver or reduction will be given for OWEB’s actual costs in providing access for inspection or furnishing copies of public records, if those actual costs would be otherwise paid from funds dedicated to watershed protection under Article IV, Section 4b, of the Oregon Constitution, federal funding allocated by intergovernmental agreement to salmon recovery efforts, or license plate revenues statutorily dedicated to salmon recovery projects.

History

Statutory/Other Authority: ORS 541.906, 192.430 & 192.440
Statutes/Other Implemented: ORS 192.410 - 192.505
OWEB 1-2008, f. & cert. ef. 3-25-08

Division 4 WATERSHED ENHANCEMENT PROGRAM

Or. Admin. R. 695-004-0010 Purpose

The Oregon Watershed Enhancement Board has broad authority to carry out a watershed enhancement program under the provisions of ORS 541.890 to 541.969. The Board may allocate funds to support projects for restoration, monitoring, technical assistance, small grants, education and outreach, watershed council support, land acquisition, instream water leases and transfers, research and other related activities that advance the purposes of the watershed enhancement program.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09

Or. Admin. R. 695-004-0020 Definitions

(1) “Board” means the Oregon Watershed Enhancement Board created under ORS 541.900.

(2) “Director” means the Executive Director of the Oregon Watershed Enhancement Board or the Executive Director’s designee.

(3) “OWEB” means the Oregon Watershed Enhancement Board state agency.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09

Or. Admin. R. 695-004-0030 Process and Criteria

The Board shall approve standards and guidance for application requirements and processing, evaluation criteria, agreement conditions, and distribution of funds.

(1) Guidance and criteria for accepting and reviewing applications for watershed enhancement projects proposed under the regular grant program are contained in OAR chapter 695, divisions 5 through 50.

(2) For watershed enhancement project requests for initiatives or programs that are separate or distinct from the programs referenced in subsection (1), the Board shall approve additional necessary guidance and criteria.

(3) Board allocations under subsections (1) and (2) may be distributed through grant agreements, interagency agreements, and contracts for services.

(4) The Director shall enter into the grant agreements, interagency agreements, or contracts necessary to carry out the standards approved by the Board.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09

Division 5 OWEB GRANT PROGRAM

Or. Admin. R. 695-005-0010 Purpose

These rules guide the Oregon Watershed Enhancement Board in accepting applications and considering grant proposals for funding under the provisions of ORS 541.890, et seq. The Board grant program includes grants described in Chapter 695, Divisions 10-47 for watershed restoration, technical assistance, monitoring, operating capacity, stakeholder engagement, land and water acquisition, small grants, and other grant programs initiated by the Board.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023
OWEB 1-2017, f. & cert. ef. 5-2-17
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-005-0020 Definitions

(1) "Board" means the Oregon Watershed Enhancement Board created under ORS 541.900.

(2) "Director" means the Executive Director of the Oregon Watershed Enhancement Board or the Executive Director’s designee.

(3) "Grant Agreement" is the legally binding contract between the Board and the grant recipient. It consists of the conditions specified in these rules, the notice of grant award, special conditions to the agreement, a certification to comply with applicable state and federal regulations, the project budget, and the approved application for funding the project.

(4) "Technical Review Team" is a team of designated persons with interdisciplinary expertise drawn from agencies represented on the Board and other entities to evaluate grant applications based on evaluation criteria.

(5) "Partners" are non-governmental or governmental persons or entities that have committed funding, expertise, materials, labor, or other assistance to a proposed project.

(6) "Match" is any contribution to a project that is non-Board funds. Match may include:

(a) Cash on hand or cash that is pledged to be on hand prior to commencement of the project;

(b) Secured funding commitments from other sources;

(c) Pending commitments of funding from other sources. In such instances, Board funding will not be released prior to secured commitment of the other funds; or

(d) The value of in-kind labor, equipment rental and materials essential to the project, based on local market rates.

(7) "OWEB" means the Oregon Watershed Enhancement Board state agency.

(8) "Carbon Sequestration" means the process of capturing and storing atmospheric carbon dioxide.

(9) "Carbon Storage" means the storage of carbon in plants, soils, geological formations, and the ocean.

(10) "Durable adaptation and resilience for ecosystems" means the extent to which a project is expected to help an ecosystem, including human communities, adjust to, respond to, or recover from the effects of a changing climate.

(11) "Local Communities Disproportionately Impacted by Climate Change" includes communities such as Native American tribes, communities of color, rural communities, coastal communities, communities experiencing lower incomes, and other communities traditionally underrepresented in public processes, including seniors, youth, and persons with disabilities.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2023, amend filed 07/27/2023, effective 08/01/2023
OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-005-0030 Application Requirements

(1) Applications must be submitted on the most current format prescribed by OWEB. An explanation must accompany the application if any of the information required on the application cannot be provided.

(2) All applicants shall demonstrate a matching contribution is being sought at the time of application, based on the total Board grant request. Match requirements will be included in the announcement for each grant offering. Match requirements shall not exceed 25% of the application request.

(3) All applications that involve physical changes or monitoring on private land must include certification from the applicant that the applicant has informed all landowners involved of the existence of the application and has also advised all landowners that all monitoring information obtained on their property and submitted to OWEB is a public record. If contact with all landowners was not possible at the time of application, explain why.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023
OWEB 1-2017, f. & cert. ef. 5-2-17
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-005-0040 Application Processing

(1) Project applications will be reviewed based on application completeness and the evaluation criteria adopted by the Board for each grant type in these rules.

(2) A grant applicant may be any tribe, watershed council, soil and water conservation district, not-for-profit corporation, school, Oregon institution of higher education, independent not-for-profit institution of higher education, or political subdivision of this state that is not a state agency. A state agency or federal agency may partner with an eligible entity.

(3) The Board and OWEB may use a technical review team to review grant applications and make recommendations to the staff or Board.

(4) Applications will be considered final as submitted. Clarification of information may be sought by OWEB from the applicant during the evaluation process, but additional, new information not requested by OWEB will not be accepted after the application deadline.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023
OWEB 1-2017, f. & cert. ef. 5-2-17
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-005-0045 Climate-Related Evaluation Criteria

In addition to the evaluation criteria for Restoration Grants (OAR 695-010-0060), Stakeholder Engagement Grants (OAR 695-015-0070), Monitoring Grants (OAR 695-025-0140), Technical Assistance Grants (OAR 695-030-0045), Outcome-Based Watershed Council Operating Capacity Grants (OAR 695-040-0110), Land Acquisition Grants (OAR 695-045-0180), Water Acquisition Grants (OAR 695-046-0196), and Focused Investment Partnership (OAR 695-047-0060), grant applications shall also be evaluated, whenever possible, on:

(1) How engagement with, and input from, local communities disproportionately impacted by climate change has informed or will inform the project.

(2) How changing climate conditions are incorporated into the project and how the project will contribute to durable adaptation and resilience for ecosystems, including human communities.

(3) How consideration of greenhouse gas emissions or long-term carbon sequestration or storage has informed the project.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2023, adopt filed 07/27/2023, effective 08/01/2023

Or. Admin. R. 695-005-0050 Grant Agreement Conditions

(1) OWEB will enter into new agreements with prior Grantees only if all reporting obligations under earlier agreements have been met.

(2) If the grant agreement has not been fully executed by all the parties within one year of Board or Director approval, funding shall be terminated. The money allocated to the grant shall be available for reallocation by the Board or Director.

(3) The Director shall establish grant agreement conditions for each grant type. Grantees shall comply with all grant agreement conditions.

(4) The Grantee shall comply with all federal, state and local laws and ordinances applicable to the work to be done under the agreement.

(5) All project activities must demonstrate, to the extent possible, consistency with local community workforce and economic development plans and policies.

(6) Following project completion, equipment purchased with Board funds shall reside with the Grantee or another approved entity. These entities will make the equipment available to others at no cost, other than nominal operation and maintenance costs.

(7) Upon notice to the Grantee in writing, the Director may terminate funding for projects not completed in the prescribed time and manner. The money allocated to the project but not used will be available for reallocation by the Board.

(8) The Grantee will account for funds distributed by the Board, using project expense forms provided.

(9) The Grantee will obtain the necessary permits and licenses from local, state or federal agencies or governing bodies and provide to OWEB satisfactory evidence that the necessary permits or licenses have been granted.

(10) OWEB may place additional conditions in the Grant Agreement as necessary to carry out the purpose of the watershed enhancement program. Such conditions include, but are not limited to:

(a) A commitment by the landowner for continued access for monitoring the project after completion, not to exceed five years following OWEB approval of a final project completion report;

(b) A commitment by the Grantee to maintain the project for a period of time as deemed for the project elements or goals, to be effective;

(d) Such other conditions as OWEB deems appropriate to the particular circumstances of the project.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023
OWEB 1-2017, f. & cert. ef. 5-2-17
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-005-0060 Distribution of Funds

(1) The Director may withhold payments to a Grantee in a situation where there are significant and persistent difficulties with satisfying OWEB requirements.

(2) Prior to disbursement of Board funds, the Grantee must provide proof that the required match, based on the total Board award, has been secured.

(3) Prior to disbursement of Board funds for projects involving a private property, OWEB must receive a cooperative agreement from the landowner, or easement holder where the property interest demonstrates sufficient control to accomplish the proposed action, that, at a minimum, includes:

(a) Certification that the landowner owns the land, or the easement holder demonstrates sufficient control to accomplish the proposed action where the work will be carried out;

(b) An agreement to allow Grantee to carry out the work, or a portion of the work on the property;

(c) An agreement to maintain the Project, or allow maintenance of the Project, over a time period consistent with the grant application;

(d) An agreement to allow the OWEB Board and its representatives access to the site where the work is being carried out for inspection and evaluation; and

(e) Landowner’s or the easement holder’s acknowledgment that they are aware of the application to OWEB and that information relating to the work, including effectiveness monitoring data, is a public record.

(4) Prior to disbursement of Board funds for projects involving a public property OWEB must receive evidence from the public agency that it concurs with the project.

(5) Funds shall not be disbursed on project elements that require permits or licenses until OWEB receives satisfactory evidence that the necessary permits or licenses have been granted and documents required by the Board have been submitted.

(6) Funds will be released upon receipt of a completed request, as prescribed by OWEB, accompanied by documents as determined by the Director, and proof of completion of specific work elements of the project as identified in the Grant Agreement.

(7) Advance funds may be released upon presentation of a detailed estimate of expenses for up to 120 days. Within 120 days of the date of the advance check, receipts or invoices for the advance must be submitted, a justification to extend the advance must be approved, or the unexpended advance funds must be returned to the Board. Additional funds will not be released until receipts for expenditures of previous fund releases are submitted, or an estimate of expenditures is approved by the Director.

(8) All grant agreements authorized by the Board shall have a clause that requires the retention of up to 10% of project funds until the final report, as required in the grant agreement, has been approved. Final reports are due within 60 days of project completion. Any unexpended Board funds must be returned to the Board with the final report. Upon receipt of the final report, the Board shall have 90 days to approve the completed report or notify the Grantee of any concerns that must be addressed or missing information that must be submitted before the report is considered complete and reviewed for approval. Once the final report has been approved the final payment shall be promptly processed.

(9) All Grantees shall account for at least the required match, based on the total Board grant expenditures upon project conclusion and final reporting.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023
OWEB 1-2017, f. & cert. ef. 5-2-17
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-005-0070 Waiver of Rules

The Director may waive the requirements of Division 5, unless they are required by statute, for individual grants, when doing so will result in more efficient or effective implementation of the Board's grant program. Any waiver granted shall be in writing and included in the permanent file of the individual grant for which the waiver was granted.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-005-0080 Periodic Rules Review and Program Evaluation

OWEB and the Board shall review the grant program and rules at least once every five years and make changes as needed to carry out a high quality and effective program.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Division 10 RESTORATION GRANTS

Or. Admin. R. 695-010-0010 Purpose

The Board shall provide grants, as funds are available, for watershed projects that protect or restore watershed functions.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0020 Definitions

(1) "Affected City and County" means any city or county within which all or part of a watershed enhancement project funded by the Board would be located.

(2) "Maintenance" means those activities and actions necessary to sustain the useful life of a constructed watershed improvement. Maintenance does not include those activities necessary to establish the improvement.

(3) "Watershed Restoration Project" means a project that involves an on-the-ground element such as: riparian planting, fish habitat construction, wetland restoration, livestock grazing plans, water conservation projects utilizing the state Conserved Water Program, etc.

(4) "Watershed Function" means the hydrologic and geomorphic processes that support a healthy watershed ecosystem.

(5) "Watershed Health" means the condition of a watershed as measured by the ability of the watershed to capture, store and release water, and transport sediment and nutrients in order to provide clean water, high quality fish and wildlife habitat, and adequate streamflows to support instream uses.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2017, f. & cert. ef. 5-2-17
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0030 Watershed Restoration Priorities

For grant applications to be funded by the Watershed Conservation Grant Fund, the following preferences will apply:

(1) Projects that address altered watershed functions affecting water quality, water flow volume and duration, and the production capacity for fish over projects that address site-specific land use problems where the greatest benefit is to a private resource or land.

(2) Projects that include removal or remediation of human-caused alterations (roads, culverts, channelization, etc.) to improve water quality and/or fish habitat over projects that enhance naturally functioning systems.

(3) Projects that change land management practices to address the causes of chronic disturbances to the watershed over projects that address only symptoms of disturbance.

(4) Projects with direct evidence of collaboration between stakeholders and agencies over single-party projects.

(5) Projects focusing on upslope and upstream treatments over projects focusing on downslope and downstream treatments, unless the project addresses tidal-driven systems or addresses other specific issues (e.g. historic losses) that encompass whole watershed conditions.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2011, f. & cert. ef. 10-18-11
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0040 Ineligible Project Types

The Board will not consider:

(1) A watershed improvement project that consists solely of construction of a water storage structure for an out-of-stream use not related to watershed restoration or protection; or

(2) A fish screening project eligible for funding through the Oregon Department of Fish and Wildlife’s fish screening program; or

(3) A watershed improvement project constructed solely to comply with a state or federal agency enforcement order, legal judgment or mitigation requirement; or

(4) Routine project maintenance costs; or

(5) A water conservation project, unless there is a measurable instream flow benefit, groundwater benefit or water quality improvement.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0050 Application Requirements

Applications must be submitted on the most current form prescribed by the Board. An explanation must accompany the application if any of the following information required under this section cannot be provided:

(1) Land use information from affected counties and cities as referenced in OAR chapter 695, division 50;

(2) A statement that required permits or licenses from federal, state, or local government will be applied for;

(3) A commitment from a state, federal or local agency to inspect the completed project work to ensure it complies with the funding requirements;

(4) A plan to monitor and evaluate project results including identification of responsible parties;

(5) A plan for operation and maintenance of the project for the projected life including identification of the responsible parties; and

(6) Additional information that will aid the Board in evaluating the project under OAR 695-010-0060.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0060 Evaluation Criteria

(1) Project applications will be reviewed for compliance with the items in OAR 695-005-0030 and 695-010-0050.

(2) Watershed restoration projects funded from the Watershed Conservation Grant Fund must provide a public benefit by supporting improved:

(a) Water quality;

(b) Native fish or wildlife habitat; or

(3) Watershed restoration project proposals must meet the following criteria to be considered for funding by the Board:

(a) The project demonstrates sound principles of watershed management;

(b) The project uses methods adapted to the project locale;

(c) The project complies with state land use planning goals and is compatible with acknowledged comprehensive plans as required under ORS 197.180; and

(d) The project follows professionally accepted restoration approaches resulting in ecological or watershed benefits.

(4) Watershed restoration projects meeting the criteria established by subsection (1) above will be further evaluated based on:

(a) Clarity; the proposal:

(A) Will be implemented using a clearly defined and appropriate method to address the problem;

(B) Has clearly stated objectives and is likely to meet these; and

(b) Technical soundness; the proposal:

(A) Addresses limiting factors or watershed health problems by treating the causes rather than the symptoms;

(B) Identifies and evaluates alternatives to address the identified problem; and

(A) Provides an overall budget that reflects expected, and quantified, watershed health benefits; and

(B) Reflects reasonable rates for direct costs and match.

(d) Watershed context; the proposal:

(A) Considers likely impacts to the site and adjacent properties during and after project implementation;

(B) Addresses watershed function and ecosystem processes, including water quality and fish and wildlife life stages;

(D)Fits within the context of past, current, and planned future restoration efforts in the watershed; and

(E) Provides or promotes public awareness that may lead to opportunities for watershed restoration or enhancement.

(e) Capacity; the applicant:

(A) Engages appropriate partners;

(B) Demonstrates successful long-term stewardship and maintenance is likely; and

(C) Demonstrates a past grant record with timely project completeness, accounting, and reporting as well as whether past projects were completed as proposed, using information provided by Board staff.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2017, f. & cert. ef. 5-2-17
OWEB 1-2011, f. & cert. ef. 10-18-11
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0070 Regional Review Process

(1) Prior to the regional review team meeting the regional review team:

(a) Shall receive each application, past evaluations for projects resubmitted in the current grant cycle, and an evaluation sheet to complete for each application;

(b) Is encouraged to visit proposed project sites to enhance the understanding of the proposal. Priority for visitations will be placed on acquisitions, complex projects, new types of projects and projects with a significant budget; and

(c) Shall read and score each application using the evaluation sheets provided. During this process, team members are encouraged to contact the applicants, Board staff, or other agency staff to clarify information in the application or to get expert review.

(2) At the regional review team meeting, the team shall:

(a) Review and evaluate each project individually based on how well the proposed project meets the criteria in 695-010-0060;

(b) Recommend the project as;

(A) Do fund;

(B) Do fund with conditions;

(D) Defer to staff or the Board with an explanation, if there is a policy issue or budget issue that needs to be addressed by the Board prior to a funding decision; and

(A) How well the project meets the criteria established in 695-010-0030 and 695-010-0060;

(B) The certainty of success, based on the organizational capacity of the applicant and the likelihood the project will meet its ecological objectives;

(C) The benefit to the Oregon Plan for Salmon and Watersheds, as evidenced by its expected benefits to watershed functions, fish habitat or water quality; and

(D) The project costs relative to the anticipated watershed health benefits.

(3) The project description, summary evaluation and funding recommendation for all projects, and the rank order of projects recommended for funding shall be forwarded from the regional review team to Board staff for their consideration. This information will be sent to all applicants within a region for their region and for all regions to the Board.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0080 Staff Funding Recommendation Process

(1) Prior to the finalization of a staff recommendation to the Board, the staff may meet with a Board subcommittee to discuss projects with major policy or budget issues that need to be resolved prior to a final Board decision.

(2) Staff shall review the recommendations from each regional review team and make a statewide funding recommendation to the Board based on available resources for the grant period and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be sent to applicants and members of the Regional Review Teams at least two weeks before the Board meeting where funding decisions are to be made.

(3) Applicants may provide written or oral comment to the Board on the staff recommendation prior to the Board decision.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0090 Board Funding Decision

(1) The Board may fund a project in whole or in part.

(2) Projects not funded may be resubmitted during application submission periods prescribed by the Board.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0100 Grant Agreement Conditions

(1) The Grantee must submit a report at completion of the project describing the work done and placing it in its larger watershed context.

(2) The Grantee will track the status of the project, and continue its maintenance, submitting periodic reports on a schedule set by the Board. All reports will be filed with the Board or at a location specified by the Board.

(3) The Grantee must agree to complete the project as approved by the Board and within the timeframe specified in the grant agreement unless proposed modifications are submitted and approved by the Director prior to the beginning of any work proposed in the modification.

(4) The Director will consider project modifications including expansion of funded projects with moneys remaining from the original project allocation if the purpose and intent of the amendment remains the same as the original project, the proposed activity is within the same watershed, and the modification would be compatible with acknowledged comprehensive plans.

(5) The Director may authorize minor changes within the scope of the original project plan.

(6) The Grantee will allow Board members or designated representatives access to the project area at a mutually agreeable time to monitor and evaluate the project.

(7) The Grantee must submit as part of their final report a completed Oregon Watershed Restoration Reporting form, using the most current form available on the OWEB website.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-010-0110 Waiver of Rules

The Director may waive the requirements of division 10, unless they are required by statute, for individual grants, when doing so will result in more efficient or effective implementation of the Board's grant program. Any waiver granted shall be in writing and included in the permanent file of the individual grant for which the waiver was granted.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09

Division 15 ENGAGEMENT GRANTS

Or. Admin. R. 695-015-0010 Purpose

The Board shall provide outreach grants, as funds are available, for Engagement Projects that are necessary for carrying out eligible restoration and acquisition projects, or programs that lead to development of eligible projects, as required by ORS 541.956(4) and OR CONST Art. XV, §4b(2)(d).

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 2-2017, f. & cert. ef. 7-31-17

Or. Admin. R. 695-015-0020 Definitions

“Engagement Project” means a project whose purpose is to communicate and engage with landowners, organizations, and the community about the need for, feasibility, and benefits of a specific eligible restoration or acquisition project or program that leads to development of eligible projects within an identified geography.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 2-2017, f. & cert. ef. 7-31-17
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-015-0040 Eligible and Ineligible Project Types

(1) The Board will only consider projects that:

(a) Are focused on a specific project site or sites, or that support resource assessment and planning that results in identification of a specific project site or sites; and

(b) Will lead to eligible restoration or acquisition projects within a specific timeframe.

(2) Projects whose primary purpose is education are not eligible.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2017, f. & cert. ef. 7-31-17

Or. Admin. R. 695-015-0050 Application Requirements

Applications must be submitted on the most current form prescribed by the Board. In accordance with Section 4(b)(2)(d) of Article XV of the Oregon Constitution and ORS 541.956(4), funds used for outreach activities are required to be necessary for carrying out eligible restoration or acquisition projects. These are described in OAR 695-010 and 695-045. Engagement applications must include the following:

(1) The eligible project type, or program that leads to development of eligible project types, that the Engagement Project intends to develop. Eligible project types include:

(a) Acquiring, from willing owners, interests in land or water that will protect or restore native fish or wildlife habitats;

(b) Projects to protect or restore native fish or wildlife habitat;

(c) Projects to protect or restore natural watershed or ecosystem functions in order to improve water quality or streamflow; or

(d) Resource assessment or planning for the above project types.

(2) A description of the direct connection the Engagement Project has with future restoration or acquisition projects or programs.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 2-2017, f. & cert. ef. 7-31-17

Or. Admin. R. 695-015-0070 Evaluation Criteria

Engagement Projects will be evaluated on:

(1) The degree to which applicants engage with the appropriate audiences in the appropriate geography;

(2) The likely effectiveness of multi-directional communication among the applicant and audiences;

(3) The proposed evidence base linking the Engagement Project and the resulting restoration or acquisition projects, or program that leads to development of eligible project types;

(4) The timeliness of the resulting restoration or acquisition projects, or program that leads to development of eligible project types;

(5) Cost effectiveness;

(6) The qualifications and experience of applicant; and

(7) The expected outcomes of the resulting restoration or acquisition project with respect to protecting or restoring fish or wildlife habitat, watershed function, and water quality or quantity.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 2-2017, f. & cert. ef. 7-31-17
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-015-0080 Technical Review Process

(1) Prior to the technical review team meeting, the technical review team:

(a) Shall receive each application, past evaluations for projects resubmitted in the current grant cycle, and an evaluation sheet to complete for each application;

(b) Shall evaluate each application based on the information provided. During this process, team members are encouraged to contact the applicants, Board staff, or other agency staff to clarify information in the application or to get expert review.

(2) At the technical review team meeting, the team shall:

(a) Review and evaluate each project individually based on how well the proposed project meets the criteria in OAR 695-015-0070;

(b) Recommend the project as:

(A) Do fund;

(B) Do fund with conditions;

(D) Defer to staff or the Board with an explanation, if there is a policy issue or budget issue that needs to be addressed by the Board prior to a funding decision; and

(A) How well the project meets the criteria established in OAR 695-015-0070; and

(B) The certainty of success of the Engagement Project, based on the organizational capacity of the applicant and the likelihood the project will meet its engagement objectives.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 4-2018, minor correction filed 08/24/2018, effective 08/24/2018
OWEB 2-2017, f. & cert. ef. 7-31-17

Or. Admin. R. 695-015-0090 Staff Funding Recommendation Process

(1) Staff shall review the recommendations from each technical review team and make a statewide funding recommendation to the Board based on available resources for the grant period and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be sent to applicants and members of the technical review teams at least two weeks before the Board meeting where funding decisions are to be made.

(2) Applicants may provide written or oral comment to the Board on the staff recommendation prior to the Board decision.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2017, f. & cert. ef. 7-31-17

Or. Admin. R. 695-015-0100 Board Funding Decision

(1) The Board may fund a project in whole or in part.

(2) Projects not funded may be resubmitted during application submission periods prescribed by the Board.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2017, f. & cert. ef. 7-31-17

Or. Admin. R. 695-015-0110 Grant Agreement Conditions

(1) The Grantee must submit a report at completion of the project describing the work done and placing it in its larger watershed context.

(2) The Grantee must agree to complete the project as approved by the Board and within the timeframe specified in the grant agreement unless proposed modifications are submitted and approved by the Director prior to the beginning of any work proposed in the modification.

(3) The Director will consider project modifications including expansion of funded projects with moneys remaining from the original project allocation if the purpose and intent of the amendment remains the same as the original project, the proposed activity is within the same geographic area, and the modification would be compatible with acknowledged comprehensive plans.

(4) The Director may authorize minor changes within the scope of the original project plan.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2017, f. & cert. ef. 7-31-17

Or. Admin. R. 695-015-0120 Waiver and Periodic Review of Rules

The Director may waive the requirements of Division 15 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Board’s engagement grant program. Any waiver must be in writing and included in the grant file to which the waiver applies.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.956
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 2-2017, f. & cert. ef. 7-31-17

Division 25 MONITORING GRANTS

Or. Admin. R. 695-025-0080 Purpose

In accordance with Section 4b.(2) of Article XV of the Oregon Constitution and ORS 541.956, OWEB may consider grant applications that propose monitoring activities necessary for carrying out projects that either protect or restore native fish or wildlife habitats, or protect or restore natural watershed or ecosystem functions in order to improve water quality or stream flows. This division supplements the OWEB Grant Program rules under OAR 695-005, and provides specific requirements for the OWEB monitoring grant program. In the event of any conflict between these requirements and requirements identified in OAR 695-005, the monitoring grants requirements in this division will take precedence.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2020, adopt filed 04/22/2020, effective 05/01/2020

Or. Admin. R. 695-025-0090 Definitions

(1) “Adaptive management/adaptively manage” means a systematic process for continually improving by learning from ongoing experience. The process is commonly depicted as an iterative cycle of planning, implementing, monitoring, evaluating, and adjusting.

(2) “Delegated to the Director” means the grant funds that the Board has authorized to the Director to award and enter into appropriate agreements.

(3) “Limiting factors” means physical, biological, or chemical conditions that reduce population of a species.

(4) “Monitoring question” means the question(s) that the applicant aims to answer by implementing the project as proposed in the application.

(5) “Professionally accepted” means methodologies or techniques that have been vetted by experts in the field in which the applicant is seeking monitoring funds.

(6) “Publicly available” means any member of the public can easily and reasonably access information.

(7) “Technical Review Team” means a team of designated personnel with relevant knowledge, including indigenous knowledge, convened to evaluate grant applications, which includes established regional review teams as described in OAR 695-005-0020(4).

(8) “Watershed processes” means the physical and chemical interactions that form and maintain the landscape at the scale of a drainage basin. They can be broken down into specific functions and characteristics, including: soil processes and erosion, nutrient cycling, pollution transport, riparian habitat and stream buffers, stream morphology and channel characteristics, hydrology, and water quality.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 1-2020, amend filed 04/22/2020, effective 05/01/2020
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-025-0100 Eligibility

In accordance with ORS 541.956(4), the Board will only consider grant applications that:

(1) Describe current watershed conditions by gathering and analyzing data, and making monitoring results publicly available;

(2) Establish trends about watershed conditions by gathering and analyzing data, and making monitoring results publicly available; or

(3) Evaluate the specific effects of a restoration or acquisition project or program by comparing similar watershed components before and after implementation of a restoration or acquistion project or program, and making monitoring results publicly available.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2020, adopt filed 04/22/2020, effective 05/01/2020

Or. Admin. R. 695-025-0140 Evaluation Criteria

Monitoring grant applications will be evaluated on the following criteria and to the extent to which the proposed project clearly addresses:

(1) The need, relevance, applicability, and timeliness of the proposed monitoring project to inform future planning, implementation or adaptive management of restoration or acquisition projects;

(2) Monitoring or information needs related to limiting factors, habitat conditions, watershed processes or actions described in federal, tribal, regional, state, or local plans or assessments, or that would inform development of a federal, tribal, regional, state, or local plan or assessment;

(3) Existing data, including historical data and indigenous knowledge, or current or planned monitoring efforts that this project will complement;

(4) The monitoring questions and how the proposed monitoring methods and activities (including study design, data collection and management, and analysis procedures) will answer these questions;

(5) Professionally accepted monitoring and analysis protocols, including quality assurance / quality control procedures to be utilized;

(6) Proposed costs that are appropriate for the work necessary to accomplish the objectives;

(7) The organizational capacity of the applicant as it relates to past experience and successful implementation of monitoring projects, relative to the proposed monitoring activities;

(8) The qualifications, ability, and performance history of the technical staff of the applicant, consultants to be retained, or project partners to apply appropriate monitoring approaches and the proposed data collection and analysis methods in a manner that will successfully complete the monitoring activities;

(9) How the appropriate technical experts and audiences in the community are engaged; and

(10) The process by which data and results will be stored, reported, and made publicly available.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2020, amend filed 04/22/2020, effective 05/01/2020
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-025-0150 Technical Review Process

(1) For monitoring grant applications seeking grant funds that require the Board to make a funding decision:

(a) A statewide team with monitoring expertise from natural resource agencies will be convened to review monitoring grant applications using the following process:

(A) Prior to meeting, the statewide team shall receive each application, past evaluations for resubmitted projects and an evaluation sheet that references criteria as described in OAR 695-025-0140 to complete for each application; and

(B) The statewide team will evaluate each application individually based on the information provided and in accordance with criteria in OAR 695-025-0140.

(i) Recommend fund;

(ii) Recommend fund with conditions;

(iii) Do not recommend funding; or

(iv) Defer to staff or the Board with an explanation if there is a policy issue or budget issue that needs to be addressed by the Board prior to a funding decision; and

(D) Rank order of projects recommended for funding based on how well the project meet the criteria established in OAR 695-025-0140.

(b) The project description, summary evaluation and funding recommendation for all projects, and the rank order of projects recommended for funding shall be provided from the statewide team to staff for their consideration. This information will be provided to all applicants and to the Board.

(2) For monitoring grant applications seeking grant funds that have been delegated to the Director:

(a) A statewide team with monitoring expertise from natural resource agencies may be convened to review monitoring grant applications using the following process:

(A) Prior to meeting, the statewide team shall receive each application, past evaluations for resubmitted projects, and an evaluation sheet that references criteria as described in OAR 695-025-0140 to complete for each application; and

(B) The statewide team will evaluate each application individually based on the information provided and in accordance with criteria in OAR 695-025-0140.

(b) A technical review team will be convened to review monitoring grant applications and evaluate each application individually based on any statewide team feedback and how well the proposed project meets the criteria in OAR 695-025-0140; this information will be provided to the applicants and the Director.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2020, adopt filed 04/22/2020, effective 05/01/2020

Or. Admin. R. 695-025-0160 Staff Funding Recommendation Process

(1) For monitoring grant applications seeking grant funds that require the Board to make a funding decision:

(a) Staff shall review the recommendations from the statewide team and make a statewide funding recommendation to the Board based on available resources for the grant offering and type. The recommendation shall include any suggested conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be sent to applicants and members of the statewide team at least two weeks before the Board meeting where funding decisions are to be made.

(b) Applicants may provide written comment to the Board on the staff recommendation prior to the Board decision or oral comment to the Board during the meeting at which the Board decision will be made.

(2) For monitoring grant applications seeking grant funds that have been delegated to the Director, staff shall review the recommendations from each technical review team and make a funding recommendation to the Director based on available resources for the grant offering and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation shall be provided to the applicants.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2020, adopt filed 04/22/2020, effective 05/01/2020

Or. Admin. R. 695-025-0170 Funding Decision

For monitoring grant applications seeking grant funds that require the Board or Director to make a funding decision:

(1) A project may be funded in whole or in part.

(2) Projects not funded may be resubmitted during future application submission periods.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2020, adopt filed 04/22/2020, effective 05/01/2020

Or. Admin. R. 695-025-0180 Grant Agreement Conditions

(1) The Grantee must agree to complete the project as approved by the Board or the Director, and within the timeframe specified in the grant agreement unless proposed modifications are submitted and approved by the Director prior to the beginning of any work proposed in the modification.

(2) The Director will consider project modifications including expansion of funded projects with moneys remaining from the original project allocation if the purpose and intent of the amendment remains the same as the original project, the proposed activity is within the same geographic area, and the modification would be compatible with acknowledged comprehensive plans.

(3) The Director may authorize minor changes within the scope of the original project plan.

(4) The Grantee must submit a report at completion of the project in accordance with reporting requirements described in the grant agreement.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2020, adopt filed 04/22/2020, effective 05/01/2020

Or. Admin. R. 695-025-0190 Waiver and Periodic Review of Rules

The Director may waive the requirements of Division 25 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Board’s monitoring grant program. Any waiver must be in writing and included in the grant file to which the waiver applies. The administrative rules for monitoring grants shall be periodically reviewed by the Board and revised as necessary and appropriate.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2020, adopt filed 04/22/2020, effective 05/01/2020

Division 30 TECHNICAL ASSISTANCE GRANTS

Or. Admin. R. 695-030-0005 Purpose

As funds are available, the Board shall provide technical assistance grants for resource assessment and planning, technical design and engineering, and organizational technical assistance, that are necessary for carrying out eligible restoration and acquisition projects, or programs that lead to development of eligible projects, as described and required by ORS 541.956(4) and OR CONST Art. XV, §4b(2)(d).

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0015 Definitions

(1) “Delegated to the Director” means the grant funds that the Board has authorized to the Director to award and enter into appropriate agreements.

(2) “Organizational Technical Assistance Grants” means technical assistance grants for groups of collaborating organizations seeking to improve organizational effectiveness to support actions that are necessary for carrying out eligible programs that lead to development of eligible restoration and acquisition projects.

(3) “Professionally Accepted” means methodologies or techniques that have been vetted by experts in the field in which the applicant is seeking technical assistance.

(3) “Resource Assessment and Planning Grants” means technical assistance grants to support the development of information about existing water quality or habitat conditions and processes at an identified scale, and relates those conditions and processes to actions that will directly lead to desired future conditions within a specified timeframe.

(4) “Technical Design and Engineering Grants” means technical assistance grants to support the development of project feasibility reports, designs, or engineering materials that directly lead to site-specific restoration or acquisition projects within a specified timeframe.

(5) “Technical Review Team” means a team of designated personnel with relevant knowledge in technical assistance convened to evaluate grant applications, which includes established regional review teams as described in OAR 695-005-0020(4).

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0025 Eligibility

The Board will only consider technical assistance projects that will lead to eligible restoration or acquisition projects or programs.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0035 Application Requirements

Applications must be submitted on the most current form and process prescribed by the Board. Technical assistance applications must include a description of the direct connection the technical assistance project has with future restoration or acquisition projects or programs.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0045 Evaluation Criteria

(1) Technical design and engineering grant applications will be evaluated on:

(a) The extent to which the application describes a clear need for the proposed technical or engineering designs;

(b) The extent to which the application describes how the technical design or engineering grant will address limiting factors designated in an existing conservation or recovery plan;

(c) The extent to which the application describes an alternatives analysis demonstrating the applicant has considered the range of options in developing the application;

(d) Whether the application contains, or proposes to collect, the appropriate data to inform the technical or engineering designs;

(e) How the proposed costs are aligned with the work necessary to accomplish the objectives described in the application;

(f) The qualifications of the technical staff of the applicant, or consultants to be retained, to accomplish the technical design or engineering activities described in the application;

(g) The extent to which the application describes how the appropriate stakeholders will be engaged in the proposed technical or engineering design process;

(h) The extent to which the application describes how professionally accepted technical or engineering approaches will be utilized;

(i) The likelihood of success of the technical or engineering design project, including if the project will lead to future eligible restoration or acquisition projects; and

(j) The organizational capacity of the applicant.

(2) Resource Assessment and Planning grant applicationswill be evaluated on:

(a) The extent to which the application contains professionally accepted resource gathering methods and parameters;

(b) The extent to which the application describes a clear need to develop or update a resource assessment or planning document;

(d) The demonstrated ability of the applicant and partners described in the application to engage in collaborative work at the proposed scale;

(e) The extent to which the application describes how appropriate stakeholders will be engaged in the development of the resource assessment or other planning;

(f) How the proposed costs are aligned with the work necessary to accomplish the objectives described in the application;

(g) The qualifications of the technical staff of the applicant, or consultants to be retained, to accomplish the resource assessment and planning activities described in the application;

(h) The process by which data will be managed and shared with partners;

(i) The likelihood that the project will result in a resource assessment or plan that leads to future eligible restoration or acquisition projects; and

(j) The organizational capacity of the applicant.

(3) Organizational technical assistance grant applications will be evaluated on:

(a) The degree to which the application demonstrates support and engagement from the appropriate stakeholders;

(b) The likely effectiveness of communication among the applicant and partners;

(d) The performance history and composition of the partnership;

(e) How the proposed costs are aligned with the work necessary to accomplish the objectives described in the application;

(f) The qualifications of the technical staff of the applicant, or consultants to be retained, to accomplish the activities described in the application;

(g) The extent to which the application describes why the opportunity for organizational technical assistance is timely;

(h) The extent to which the application identifies a common vision of success and potential barriers to success of the project;

(i) The likelihood of success of the organizational technical assistance project, including if the project will lead to future eligible restoration or acquisition projects; and

(j) The organizational capacity of the applicant.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0055 Technical Review Process

(1) For technical assistance grant applications seeking grant funds that require the Board to make a funding decision:

(a) A technical review team will be convened to review technical assistance grant applications.

(b) Prior to the technical review team meeting, the technical review team:

(A) Shall receive each application, past evaluations for projects resubmitted in the current grant cycle, and an evaluation sheet that references criteria as described in OAR 695-030-0045 to complete for each application;

(B) Shall evaluate each application based on the information provided.

(A) Review and evaluate each project individually based on how well the proposed project meets the criteria in OAR 695-030-0045;

(B) Recommend the project as:

(i) Do fund;

(ii) Do fund with conditions;

(iii) Do not fund; or

(iv) Defer to staff or the Board with an explanation, if there is a policy issue or budget issue that needs to be addressed by the Board prior to a funding decision; and

(C) Rank order all projects recommended for funding based on how well the project meets the criteria established in OAR 695-030-0045.

(d) The project description, summary evaluation and funding recommendation for all projects, and the rank order of projects recommended for funding shall be forwarded from the technical review team to Board staff for their consideration. This information will be provided to all applicants and to the Board.

(2) For technical assistance grant applications seeking grant funds that have been delegated to the Director:

(a) A technical review team will be convened to review technical assistance grant applications.

(b) The technical review team shall review and evaluate each project individually based on how well the proposed project meets the criteria in OAR 695-030-0045 and provide evaluations and funding recommendations to OWEB staff. This information will be provided to the applicants.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0065 Staff Funding Recommendation Process

(1) For technical assistance 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 recommendation to the Board based on available resources for the grant offering and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be sent to applicants and members of the technical review teams at least two weeks before the Board meeting where funding decisions are to be made.

(b) Applicants may provide written or oral comment to the Board on the staff recommendation prior to the Board decision.

(2) For technical assistance grant applications seeking grant funds that have been delegated to the Director, staff shall review the recommendations from each technical review team and make a funding recommendation to the Director based on available resources for the grant offering and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation shall be provided to the applicants.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0075 Funding Decision

(1) For technical assistance grant applications seeking grant funds that require the Board to make a funding decision:

(a) The Board may fund a project in whole or in part.

(b) Projects not funded may be resubmitted during future application submission periods.

(2) For technical assistance grant applications seeking grant funds that have been delegated to the Director:

(a) The Director may fund a project in whole or in part.

(b) Projects not funded may be resubmitted during future application submission periods.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0085 Grant Agreement Conditions

(3) The Director may authorize minor changes within the scope of the original project plan.

(4) The Grantee must submit a report at completion of the project in accordance with reporting requirements described in the grant agreement.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Or. Admin. R. 695-030-0095 Waiver and Periodic Review of Rules

The Director may waive the requirements of Division 30 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Board’s technical assistance grant program. Any waiver must be in writing and included in the grant file to which the waiver applies. The administrative rules for technical assistance grants shall be periodically reviewed by the Board and revised as necessary and appropriate.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 3-2018, adopt filed 06/28/2018, effective 06/28/2018

Division 35 SMALL GRANT PROGRAM

Or. Admin. R. 695-035-0010 Small Grant Program

(1) The Oregon Watershed Enhancement Board (OWEB) may provide funding for a locally administered Small Grant Program from its Watershed Conservation Grant Fund. Funds may be allocated for the Small Grant Program in amounts and at times decided by the Board.

(2) This Division supplements the OWEB Grant Program rules under OAR 695-005 and provides specific requirements for the Small Grant Program. In the event of any conflict between these requirements, and requirements identified in OAR 695-005, the Small Grant Program requirements in this Division take precedence.

(3) The goals of the Small Grant Program are to:

(a) Support implementation of the Oregon Plan for Salmon and Watersheds.

(b) Support projects designed to improve water quality, water quantity, and fish and wildlife habitat. Such projects include, but are not limited to, those developed to address Total Maximum Daily Loads (TMDLs), Agricultural Water Quality Management Area Plans, urban nonpoint source pollution management plans, and the Board of Forestry's Forestry Program for Oregon.

(c) Make funds available to local Small Grant Teams to address local priority resource concerns, habitat values, and watershed functions.

(d) Encourage landowner participation in watershed improvement by making funds available more quickly than is possible through OWEB's other grant programs.

(e) Treat the source of watershed health problems through technically sound projects that use proven techniques from one of the approved sources listed in OAR 695-035-0030(2), and that demonstrate benefits to aquatic species, wildlife, or watershed health across all land uses.

(f) Encourage partnerships among eligible grant applicants and landowners and operators.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 2-2018, amend filed 04/27/2018, effective 04/27/2018
OWEB 1-2011, f. & cert. ef. 10-18-11
OWEB 3-2005, f. & cert. ef. 6-8-05
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-035-0015 Definitions

(1) “Small Grant” is a grant for an eligible watershed restoration project awarded by OWEB on the recommendation of a Small Grant Team.

(2) “Small Grant Team” (Team) is composed of representatives of watershed councils, soil and water conservation districts, tribes, and other eligible grant applicants formed in each Small Grant Area to recommend funding for watershed restoration projects.

(3) “Small Grant Area” is a geographic area established by the OWEB Board based upon hydrologic boundaries, existing watershed restoration partnerships, and similarities in resource concerns.

(4) “Small Grant Team Grant” is a grant between OWEB and a Small Grant Team regarding the allocation of Small Grant funds within a Small Grant Area by the Small Grant Team using OWEB funds.

(5) “Project Evaluation Committee” (Committee) is a group of Small Grant Team members designated by vote of the Team to evaluate Small Grant Project applications received and to make Small Grant Project award recommendations based upon the Team’s adopted priority watershed concerns and eligible project types. A Team may by unanimous vote decide not to designate a Committee.

(6) “Project Manager for the Grantee” is the individual (typically, but not necessarily, the grantee) who will shepherd the project from start to finish. This person will serve as the Team’s and OWEB’s main point of contact for a project.

(7) “Team Contact” is OWEB’s main point of contact for the Small Grant Team, and is also the person authorized by the Team to sign OWEB Small Grant Team Grant agreements.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 2-2018, amend filed 04/27/2018, effective 04/27/2018
OWEB 3-2005, f. & cert. ef. 6-8-05

Or. Admin. R. 695-035-0020 Small Grant Program Administered by Small Grant Teams

(1) The OWEB Board may award Small Grant Team Grants to eligible Small Grant Teams to enable the Teams to administer a Small Grant Program within a Small Grant Area. A Small Grant Team must submit a Small Grant Team Grant application to OWEB on a designated form at times designated by the OWEB Board to be eligible to receive a program grant to administer a Small Grant program. Only one application to administer a Small Grant Program within a Small Grant area shall be considered by OWEB. Applications shall include affirmation, or documentation of non-response, from all other councils, districts, and tribes in the Small Grant Area.

(2) Small Grant Program funds not used in one biennium may not be carried over by the Small Grant Team to the next biennium unless otherwise determined by the Board.

(3) The Board will only enter into new Small Grant Team Grants once Teams have submitted on a standard OWEB form, and to OWEB’s satisfaction, the revised Team bylaws for the coming biennium, a revised list of the Team’s priority watershed concerns and eligible project types, and a revised Application Evaluation Worksheet.

(4) Small Grant Teams, in coordination with OWEB, will invite in writing each soil and water conservation district and watershed council located partially or entirely within the Small Grant Area, and each federally recognized tribe in Oregon, and the Nez Perce Tribe, with reservation, tribal, ceded lands, or usual and accustom areas located partially or entirely within the Small Grant Area to appoint one representative to a Small Grant Team. Small Grant Teams shall, in coordination with OWEB, also invite in writing other eligible applicants in the Small Grant Area to participate on the Small Grant Team. Any eligible applicant that requests to participate on the Small Grant Team shall become a member of the Team. Participation on a Team is voluntary. A Small Grant Team must have at least two actively participating eligible applicant organization types to be eligible to allocate Small Grant funds. Each eligible Team may receive a Small Grant Team Grant from OWEB to allocate Small Grant Project awards of up to the maximum amount adopted by the OWEB Board each biennium for eligible watershed restoration projects consistent with local priority watershed concerns and eligible project types adopted by the Team. The maximum amount adopted by the OWEB Board each biennium shall not be less than $15,000.

(5) Members of each Small Grant Team are encouraged to invite individuals with expertise in a watershed restoration discipline or other watershed restoration interests to consult with the Team on its priorities, program elements, and recommendations for project grant awards.

(6) The OWEB Board will establish Small Grant Areas for the Small Grant Program. The boundaries of the Small Grant Areas will be drawn based upon hydrologic boundaries, existing watershed restoration partnerships, and similarities in resource concerns. Only one Small Grant Team may administer a Small Grant Program in each Small Grant Area. A copy of the Small Grant Area map is available upon request from OWEB and can also be viewed on the OWEB website.

(7) A Small Grant Team may petition the OWEB Board to adjust the boundaries of Small Grant Areas. If a Team has not been formed in a Small Grant Area, an organization eligible to appoint a member to a Small Grant Team may petition the Board to adjust the boundaries of Small Grant Areas. Written approval from all Small Grant Teams affected, or if a Small Grant Team has not been formed, all entities eligible to appoint a member to the Small Grant Team in that area, is required before a boundary adjustment petition may be filed with the Board.

(8) The OWEB Board will consider all boundary-adjustment petitions once a biennium at the time it considers reauthorizing Small Grant Program funds for the next biennium. The OWEB Board may choose to consider a boundary adjustment upon a valid motion by Board members, without petition by a Small Grant Team or organization that is an eligible Small Grant Team member. However, the OWEB Board will consult with affected Small Grant Teams, and if a Team has not been formed, eligible Team members in the area before considering the boundary adjustment. A decision by the OWEB Board to approve a boundary adjustment will consider one of the following:

(a) The current Small Grant Area boundaries fragment existing watershed restoration partnerships; or

(b) The current Small Grant Area boundaries fragment hydrologically connected areas or ecologically similar landscapes in a way that would make setting local restoration priorities difficult; or

(c) The current Small Grant Area boundaries encompass many different limiting factors for water quality, water quantity, and fish and wildlife habitat. Adjusting boundaries would improve the ability of watershed restoration partners to focus their efforts on the limiting factors with which they have expertise.

(9) Prior to submitting a Small Grant Team Grant application to OWEB, the Small Grant Team will adopt the following program elements that will be attached as part of the Small Grant Team Grant application:

(a) Rules of operation for administration of the Small Grant Team and the Small Grant Program, including:

(A) Rules governing decision-making and membership;

(B) Application processing and project grant agreement procedures;

(C) Designation of a Team contact, and a member with authority to sign project grant agreements on behalf of the Small Grant Team;

(D) Record keeping;

(E) Processes and criteria for recommending project grant awards;

(F) Processes for evaluating the technical feasibility of projects;

(G) Processes and formats for biennial reporting;

(H) Entities, in addition to watershed councils, soil and water conservations districts, and tribes, designated by the Small Grant Team as being eligible fiscal agents; and

(I) Application acceptance windows.

(b) Priority watershed concerns to be addressed by the Small Grant Team;

(c) A list of project types most likely to effectively address the local watershed concerns adopted by the Small Grant Team. This list must be consistent with the list of eligible project types in OAR 695-035-0050(4). Teams wishing to add project types not on the list need to petition OWEB for their eligibility in their Small Grant Area. The proposed project type needs to demonstrate to the satisfaction of the OWEB Director a clear watershed benefit for the Small Grant Area. It must also be consistent with the Team’s adopted priority watershed concerns, and must be referenced to one of the approved technical guidance sources listed in OAR 695-035-0030(2).

(10) The program elements adopted by the Small Grant Team will be included as an attachment to the Small Grant Team Grant application to OWEB. A Small Grant Team Grant to administer a Small Grant Program will not be awarded until the Team has adopted the required program elements.

(11) In identifying priority watershed concerns, the Small Grant Team will consider current information on the condition of the watershed and its limiting factors to support native fish and to meet water quality standards. The priority watershed concerns should be adopted with reference to documents addressing the limiting factors to:

(a) Clean Water Act standards as identified in Total Maximum Daily Load Water Quality Management Plans and in Agricultural Water Quality Management Area Plans; and

(b) Watershed assessments and action plans, other watershed analyses, the Oregon Forest Practices Act, and soil and water conservation district annual work plans and long-range business plans. Priority watershed concerns and the list of eligible project types adopted by the Small Grant Team will address the source of watershed health problems, and not the effects.

(12) Small Grant Teams may designate members of the Team as a Project Evaluation Committee to evaluate Small Grant Project applications in lieu of the entire Team. If established, this Committee will have equal representation from soil and water conservation district and watershed council Team members. The Team, or if designated, its Committee, will select applications to recommend for funding based on its priority watershed concerns, eligible project types, and the technical merits of the project. The Small Grant Team, or if designated, the Committee, is encouraged to invite technical experts to assist in the evaluation of proposed projects.

(13) Each Small Grant Team will develop application evaluation criteria that will be based on the questions asked in the application, as well as on additional evaluation considerations listed by Teams in their operating procedures. Evaluation criteria will be attached to a Team’s operating procedures. Teams will make available to applicants the evaluation criteria along with the Team’s list of priority watershed concerns and eligible project types.

(14) Small Grant Teams will establish in their operating procedures the terms by which they receive and act on applications. If funding is available, Teams shall accept applications at any time throughout the State fiscal year when the application system is open. At a minimum, all Teams must conduct reviews on submitted applications four times in the State fiscal year (July 1 through June 30).

(15) Small Grant Teams shall submit results of application review to OWEB in the required format at the end of each review period. OWEB shall review the recommended applications for consistency with the Team’s local priorities and with OWEB’s statutes and administrative rules. If applications are deemed eligible, OWEB shall provide a grant agreement for signatures to the Small Grant Team Contact within 20 working days. OWEB will keep the signed project grant agreement on file, and the Team Contact will be responsible for providing copies to all signatories. Signatories to the grant agreement will include the Grantee; Landowner; Team Contact; and a representative of OWEB. A project grant agreement is not valid until all signatories to the agreement have signed. Project grant agreements must be signed within 90 days of the first signature on the grant agreement, or they will be considered void. Work will not begin on a project until a project grant agreement is valid.

(16) Project maintenance and effectiveness monitoring are the responsibility of the landowner. OWEB will not pay for either, and applicants may not use any planned post-project maintenance and effectiveness monitoring as match for the OWEB project grant. However, applicants may budget for plant establishment (i.e., weeding and watering of plants over time to improve chances of successful establishment) in the Small Grant Project application, or they may put the amount estimated for plant establishment toward the required 25 percent match. OWEB will pay for no more than two years of post-project plant establishment, or up to $1,000 for two years, which is paid for in the final payment request.

(17) The Small Grant Team will be responsible for providing the Oregon Watershed Enhancement Board with a summary Biennial Report, due no later than 60 days after the close of each OWEB biennium that:

(a) Addresses:

(A) How the Team’s funded projects demonstrated clear watershed benefit to aquatic species, wildlife, or watershed health.

(B) Which specific projects met the Team’s high-priority watershed concerns that it identified for the biennium (show award amounts for each project).

(C) Which specific projects the Team awarded for other priority watershed concerns (show award amounts for these projects, as well).

(b) Evaluates the effectiveness of the Team’s:

(A) External interactions with landowners, applicants, Grantees, project partners, and OWEB Small Grant Program staff (i.e., the challenges that faced the Team with each of these groups and whether the Team was successful at resolving them).

(B) Internal interactions with each other (i.e., the challenges that faced the Team and whether the Team was successful at resolving them).

(A) Tracking sheets for recommended and denied applications for the current biennium.

(B) Revised operating procedures, priority watershed concerns, eligible project types for the coming biennium, and application evaluation worksheet, if any.

(18) The OWEB Director may authorize an independent performance audit of any Small Grant Team, and if the Director determines the Team is not complying with the rules of the Small Grant Program, may restrict future Team funds.

(19) Small Grant Teams will retain meeting records for a period of five years.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 2-2018, amend filed 04/27/2018, effective 04/27/2018
OWEB 3-2005, f. & cert. ef. 6-8-05
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-035-0030 Small Grant Project Application

(1) When reviewing applications, Team members will abide by the same conflict of interest standards that apply to Oregon’s public officials, as detailed in ORS 244.020.

(2) Small Grant Project applications submitted to the Small Grant Team will include a completed application form provided by OWEB, and will use technical guidance from at least one of the sources listed below in this subsection. Small Grant Project applicants will cite in the application the practice code(s), or the page number and paragraph, for the technical guidance source listed. The Small Grant Team will verify the citation. If technical guidance and standards for a project are not available from one of these sources, the project is not eligible for funding under the Small Grant Program.

(a) The Natural Resources Conservation Service (NRCS) Field Office Technical Guide, and local cost share list.

(b) A Guide to Placing Large Wood in Streams (Oregon Department of Fish and Wildlife and Oregon Department of Forestry).

(d) Forest Practices Technical Note No. 4: Fish Passage Guidelines for New and Replacement Stream Crossing Structures (Oregon Department of Forestry).

(e) Forest Practices Technical Note No. 5: Determining the 50-Year Peak Flow and Stream Crossing Structure Size for New and Replacement Crossings Structures (Oregon Department of Forestry).

(f) The Nonpoint Source Pollution Control Guidebook for Local Government (Oregon Department of Environmental Quality and Oregon Department of Land Conservation and Development).

(g) Urban Subwatershed Restoration Manual Series #4: Urban Stream Repair Practices (Center for Watershed Protection).

(h) Tribal Natural Resource Plans or Water Plans on Tribal Trust Lands.

(3) The application budget is the Small Grant applicant’s statement of how OWEB funds will be spent. Should the Small Grant Team approve the application for funding, the Grantee will only be able to bill OWEB for the line items appearing in the OWEB column in the application budget. Changes in line item amounts are permissible, with prior approval from OWEB. Grantees wishing to add new line items must also request prior permission from OWEB.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 3-2005, f. & cert. ef. 6-8-05
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-035-0040 Small Grant Project Grants

(1) Prior to the disbursement of any Small Grant Project funds, the Grantee must sign a Small Grant Project agreement containing such terms and conditions as may be deemed necessary by the OWEB Director to ensure that the expected benefits of the project are realized, and that applicable legal requirements and any special conditions of the Board with regard to particular grants are met.

(2) Each Small Grant Project awarded will be limited to the maximum amount determined by the OWEB Board each biennium, per landowner, per OWEB fiscal year.

(3) The Board will only enter into new Small Grant project agreements with a grantee once that grantee has addressed to OWEB’s satisfaction all active Small Grants with outstanding advances and all expired Small Grants with outstanding advances.

(4) Travel expenses directly related to project implementation are eligible for funding under the Small Grant Program, subject to OWEB review and approval. Travel expenses will be reimbursed only in accordance with rates approved by the Department of Administrative Services, and which are in effect at the time the expense was incurred. The Grantee must identify the reason or purpose for all travel expense reimbursement requests. No mileage reimbursement will be paid for the use of motorcycles or mopeds. The Small Grant Program will not reimburse for meals, lodging, or out-of-state travel.

(5) Equipment purchases directly related to project implementation are eligible for funding under the Small Grant Program, subject to OWEB review and approval. However, OWEB discourages the use of limited Small Grant Project funds on equipment purchases, and instead encourages Teams to work with applicants to obtain equipment through other means, such as borrowing or renting. Following project completion, equipment purchased with OWEB funds will reside with any of the following: watershed council, soil and water conservation district, tribe, local government, or a school district. These entities will make the equipment available to each other at no cost, other than nominal maintenance costs.

(6) Small Grant Project award recipients must provide evidence of at least 25 percent secured match for the Small Grant Project award prior to disbursement of grant funds by including a signature of commitment from the entity(ies) providing match on the OWEB Secured Match Form. Match must be current and specific to the Small Grant Project. The same match may not be used for multi-phased projects, unless it is divided among the phases. Applicants may attach the completed match form to their application, or they may submit the form with their first grant award payment request. Disbursement of the final grant award payment requires evidence of actual match contributed, shown in the Project Completion Report. Match may include labor, volunteer time, technical assistance, materials or services provided, donated property, or cash.

(7) All Small Grant Projects will be completed within 24 months from the date of Team approval of the application. No project completion extensions beyond 24 months will be allowed.

(8) Upon project completion, the Grantee will submit to OWEB a Project Completion Report. Final project accounting and reporting are due no later than 60 days following the project completion date.

(9) The following standards will be applied to each Small Grant Project payment:

(a) OWEB will not pay for activities that were not covered under the project grant agreement or did not receive prior approval from OWEB per OAR 695-035-0030(3).

(b) Each Small Grant Project award will be disbursed in no more than two payments.

(c) The Board will retain ten percent of project funds until the final report, as required in the grant agreement, has been approved.

(d) The first payment may consist either of an advance of up to 60 percent of the Small Grant Project award upon presentation of a detailed estimate of expenses for a specified time period, or of a reimbursement of expenses to date upon presentation of receipts and invoices.

(e) No funds will be released until evidence is submitted to OWEB that all required permits and licenses for the project have been granted.

(f) Receipts for the full advance amount are due within 120 days of the date OWEB issues the advance check.

(g) The second and final payment will not be disbursed until OWEB receives from the Grantee:

(A) Receipts and invoices for expenditures of previous fund releases, and receipts and invoices supporting the new fund release request;

(B) A spreadsheet or other report documenting all project expenses;

(C) A satisfactory Project Completion Report, showing all project match, which must total at least 25 percent of the amount of OWEB funds actually spent on the Small Grant Project; and

(D) A current Oregon Watershed Restoration Reporting Form, showing among other things, evidence of actual match contributed.

(10) Two years following receipt by OWEB of the project completion report, the individual designated in the project application will provide OWEB and the local Small Grant Team with a Year-Two Status Report. Applicants may budget for this as an expense to OWEB in the application (not to exceed $200), or they may put the amount toward the required 25 percent match funds by showing the amount in the cost share column.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 2-2018, amend filed 04/27/2018, effective 04/27/2018
OWEB 3-2005, f. & cert. ef. 6-8-05
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-035-0050 Eligible Small Grant Projects

(1) The Small Grant Program will fund only those projects that:

(a) Demonstrate in the Small Grant Project application a clear watershed benefit to aquatic species, wildlife, or watershed health.

(b) Are consistent with the local Small Grant Team's priority watershed concerns, as identified in their program grant agreements with OWEB.

(d) Implement a project to restore, enhance, or protect native fish or wildlife habitat, watershed or ecosystem functions, or water quality.

(e) Are implemented in a manner that follows professionally accepted restoration approaches resulting in ecological or watershed benefits.

(f) Use and clearly identify in the small grant application technical guidance from at least one of the approved sources in OAR 695-035-0030(2), and cite in the application the practice code(s), or the page number and paragraph, for the technical guidance source listed.

(g) Where applicable, have been approved for technical sufficiency by the appropriate state agency, or by the appropriate tribal government for projects on Tribal Trust Lands.

(2) Small Grant Projects to be completed in phases on the same property are eligible for Small Grant Project funding, provided only one phase is submitted for funding consideration per OWEB fiscal year, and provided all phases occur at different locations on the property. In general, OWEB encourages multi-phased project applications to be submitted through other OWEB grant programs.

(3) Teams must select from the following list when identifying priority watershed concerns for their Small Grant Area:

(a) Instream Process and Function;

(b) Fish Passage;

(d) Riparian Process and Function;

(e) Wetland Process and Function;

(f) Upland Process and Function;

(g) Water Quantity and Quality/Irrigation Efficiency;

(h) Road Impact Reduction.

(4) The following project types are eligible for funding. Teams are encouraged to be strategic in identifying eligible project types in an effort to better support salmon recovery objectives and Agricultural Water Quality Management Area Plans. Teams may petition OWEB to allow project types not appearing on the list, as described in OAR 695-035-0020(9)(c).

(a) Instream Process and Function .

(A) Improve Instream Habitat: place large wood, boulders, or salmon carcasses.

(B) Manage Erosion: bioengineer stream banks, slope stream banks, or develop water gaps, streambank barbs.

(b) Fish Passage.

(A) Remove Irrigation or Push-Up Dams: install alternatives (e.g., infiltration galleries, point-of-diversion transfers) or convert from gravity diversion to pumps.

(B) Remove and/or Replace Culverts (as a condition of funding, such projects require ODFW or ODF technical review and approval, or tribal government review and approval for projects on Tribal Trust Lands, using a standard OWEB form; and for culverts under state roads, a 50 percent ODOT match).

(C) Remove or Replace Stream Crossings (as a condition of funding, such projects require ODFW or ODF technical review and approval, or tribal government review and approval for projects on Tribal Trust Lands, using a standard OWEB form).

(A) Install Stormwater Runoff Treatments (e.g., create bioswales, pervious surfaces, native plant buffers, green roofs).

(B) Revegetate Stormwater Runoff Treatments (e.g., create bioswales, pervious surfaces, native plant buffers, green roofs) where vegetation has exceeded its design life.

(d) Riparian Process and Function.

(A) Manage Nutrient and Sediment Inputs through managed grazing (e.g., fencing and developing off-channel watering) and plantings.

(B) Manage Vegetation: plant or seed native riparian species, propagate native riparian plants, or control weeds in conjunction with a restoration project.

(D) Restore flood plain reconnection.

(e) Wetland Process and Function .

(A) Manage Nutrient and Sediment Inputs: fence out livestock or develop alternative watering sites.

(B) Manage Vegetation: control weeds (in conjunction with a restoration project), or plant native wetland species.

(D) Employ Integrated Pest Management in conjunction with a restoration project.

(f) Upland Process and Function .

(A) Manage Erosion on Agricultural Lands: terrace land; employ laser leveling; create windbreaks; install water and sediment control basins (WASCBs); develop filter strips/grassed waterways; manage mud (e.g., gravel high-use areas, develop paddocks); seed bare areas (OWEB may require a grazing management plan, if appropriate, prior to release of funds. For post-fire areas, seed only where natural regeneration is unlikely — e.g., on slopes of 30 percent or more — or where it can be demonstrated that seeding would retard or prevent the spread of noxious weeds); or reduce tillage.

(B) Manage Nutrient and Sediment Inputs to Streams through the management of grazing, vegetation cover, or animal waste.

(C) Manage Vegetation: prescribed burning, except when conducted as part of a commercial harvest; non-commercial thinning; control/remove juniper (except late-seral/old growth); plant or seed (native upland species or native beneficial mixes preferred); or control weeds (in conjunction with a restoration project). Projects for prescribed burning to reduce fuel loads require ODF technical review and approval, or tribal government review and approval for projects on Tribal Trust Lands, using a standard OWEB form.

(D) Manage Wildlife: install water guzzlers.

(E) Employ Integrated Pest Management in conjunction with a restoration project.

(g) Water Quantity and Quality/Irrigation Efficiency .

(A) Recharge Groundwater, such as through infiltration galleries, infiltration basins, roof water harvesting, or similar practices.

(B) Implement Irrigation Practices (e.g., pipe existing ditch, install the permanent components of drip or sprinkler systems, install automated soil moisture sensors where water and electrical savings can be documented, or recover or eliminate tail water). Such projects must either not adversely impact the current level of groundwater in a Groundwater Management Area, or for projects involving surface water must measurably reduce the diversion of water at the point of diversion. As a condition of funding, irrigation efficiency projects require local watermaster technical review and approval, or tribal government review and approval for projects on Tribal Trust Lands, using a standard OWEB form. Landowner agreements with irrigation efficiency projects require affirmation that the landowner and/or irrigation district agrees that water conserved with the project shall remain instream. For projects involving improvement of irrigation practices for the benefit of water quality, the application shall describe how sediment, nutrients, bacteria, or waste is entering a waterbody along with sediment and nutrient load calculations.

(h) Private Road Impact Reduction .

(A) Decommission Roads.

(B) Improve Surface Drainage: surface road drainage improvements, gravel surfacing, stream crossings.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 2-2018, amend filed 04/27/2018, effective 04/27/2018
OWEB 1-2011, f. & cert. ef. 10-18-11
OWEB 3-2005, f. & cert. ef. 6-8-05
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-035-0060 Ineligible Small Grant Projects

(1) The Small Grant Program will not fund projects that:

(a) Do not demonstrate a clear watershed benefit to aquatic species, wildlife, or watershed health.

(b) Are not consistent with the local Small Grant Team's priority watershed concerns, as identified in their program grant agreements with OWEB.

(c) Do not adhere to OWEB administrative rules: OAR 695-005-0010–695-005-0060, 695-035-0010–695-035-0070, and 695-050-0010–695-050-0050.

(d) Do not implement a project to restore, enhance, or protect native fish or wildlife habitat, watershed or ecosystem functions, or water quality.

(e) Do not use and clearly identify in the small grant application technical guidance and standards from one of the approved sources listed in OAR 695-035-0030(2).

(f) Are at the same location as, and are addressing the same resource concerns as projects that have already been funded, are currently being funded, or are currently being considered for funding through either the Small Grant Program or other OWEB grant programs.

(2) The following project types are ineligible for funding through the Small Grant Program:

(a) Project planning and design not done in conjunction with the implementation of funded restoration or enhancement activities.

(b) Routine maintenance.

(d) Fish screens and trash racks.

(e) Tide gate removal, replacement, or installation.

(f) Constructed stream bank armoring.

(g) Development of off-channel watering systems not done in conjunction with fencing a riparian area or managing nutrient and sediment inputs in upland areas.

(h) Pond cleaning and pond creation (does not include off-channel watering systems and pump-back systems).

(i) Residential landscaping not done in conjunction with the implementation of funded riparian restoration or enhancement activities.

(j) Weed control not done in conjunction with the implementation of funded restoration or enhancement activities.

(k) Projects required as a condition of a local, state, or federal permit, order, or enforcement action (e.g., mitigation projects, manure storage and management projects that are required by a permit from ODA).

(l) Irrigation practices that adversely impact the current level of groundwater in a Groundwater Management Area, or do not measurably reduce the diversion of water at the point of diversion.

(m) Irrigation water conservation projects that propose any of the following activities:

(A) Irrigation system maintenance or renovation of existing pipe.

(B) Restoring a system that has deteriorated due to lack of maintenance and/or inadequate design.

(D) Electrical costs resulting from conversion to pump from flood irrigation.

(n) Western juniper management that involves the removal of late-seral/old growth juniper.

(o) Reforestation or tree planting on lands following a commercial harvest.

(p) Prescribed burning when conducted as part of a commercial operation.

(q) Commercial thinning.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 2-2018, amend filed 04/27/2018, effective 04/27/2018
OWEB 1-2011, f. & cert. ef. 10-18-11
OWEB 3-2005, f. & cert. ef. 6-8-05
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-035-0070 Periodic Review and Evaluation of the Small Grant Program

OWEB will review annual reports submitted by Small Grant Teams and evaluate the need for program improvements and administrative rule changes.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 3-2005, f. & cert. ef. 6-8-05
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-035-0080 Waiver of Rules

The Director may waive the requirements of Division 35, unless they are required by statute, for individual grants, when doing so will result in more efficient or effective implementation of the Board's grant program. Any waiver granted shall be in writing and included in the permanent file of the individual grant for which the waiver was granted.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025
OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09

Division 40 OUTCOME-BASED WATERSHED COUNCIL OPERATING CAPACITY GRANTS

Or. Admin. R. 695-040-0010 Purpose

(1) To guide the Oregon Watershed Enhancement Board in accepting, reviewing for eligibility and merit, and considering for funding applications for Council Capacity Grants pursuant to ORS 541.918, 541.926(1)(e), 541.923, and 541.910.

(2) To provide a grant program to help support the operations of watershed councils that engage people and communities in their watersheds to participate in the collaborative, voluntary restoration and protection of native fish or wildlife habitat, and natural watershed functions to improve water quality or stream flows.

(3) To encourage the development of high-capacity local infrastructure and continuous improvement.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14
OWEB 3-2004, f. & cert. ef. 9-20-04

Or. Admin. R. 695-040-0020 Definitions

(1) “OWEB” means the Oregon Watershed Enhancement Board state agency.

(2) “Board” means the Oregon Watershed Enhancement Board created under ORS 541.900.

(3) “Director” means the Executive Director of the Oregon Watershed Enhancement Board or the Executive Director’s designee.

(4) “Watershed council” or “council,” pursuant to ORS 541.890(15), means a voluntary local organization, designated by a local government group convened by a county governing body, to address the goal of sustaining natural resources and conducting watershed protection, restoration and enhancement within a watershed as defined in 541.890(14).

(5) “Council Action Plan” means a plan or set of plans adopted by a council or group of councils that identifies and prioritizes the ecological problems the council seeks to address, and the priority, voluntary restoration, enhancement, monitoring and/or community engagement activities the council will conduct to address those problems.

(6) “Council Capacity Grant” means an OWEB grant awarded to a watershed council or group of watershed councils under the Outcome-Based Watershed Council Operating Capacity Grant Program on or after January 1, 2015.

(7) “Watershed Council Support Grant” means an OWEB grant awarded to a watershed council or group of watershed councils prior to July 1, 2013, for the purpose of supporting the capacity of a council or group of councils to conduct the activities necessary for the watershed protection, enhancement, and restoration work of the council(s).

(8) “Council’s governing body” means the group of people who have the responsibility to a) ensure that the council meets legal requirements, b) support successful achievement of the council’s goals, and c) create a structure, policies, and procedures that support good governance.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14
OWEB 3-2004, f. & cert. ef. 9-20-04
OWEB 2-2004, f. 4-6-04 cert. ef. 4-12-04

Or. Admin. R. 695-040-0030 Eligibility Criteria

The purpose of the eligibility criteria is to define which watershed councils are eligible to apply for Council Capacity Grants. These eligibility criteria do not limit or control the existence or creation of watershed councils. A watershed council, or group of watershed councils, is eligible to apply for a Council Capacity Grant only if OWEB determines it meets the eligibility criteria.

(1) Designation as a watershed council by a local government:

(a) For watershed councils previously awarded a Watershed Council Support Grant, the council shall have been designated as a watershed council by a local government.

(b) For new or reorganized watershed councils, the council shall be designated as a watershed council by a county commission, county board, or county court.

(2) Geographic Area:

(a) A geographic area served by a council or group of councils can change. However, to be eligible, OWEB shall determine that a council or group of councils serves an area:

(A) In which a council or group of councils previously received a Watershed Council Support Grant or Council Capacity Grant; and

(B) Which is the same or larger than the geographic area served by a council or group of councils as of July 1, 2013.

(b) In addition, for the purposes of this eligibility criteria:

(A) The geographic area shall include a minimum population of 500 individuals within its designated boundary or boundaries; and

(B) No more than one applicant is eligible for the same geographic area.

(3) The council’s governing body has adopted a Council Action Plan: Minimum criteria for Council Action Plans shall be determined in accordance with guidance adopted and periodically reviewed by the Board and made available to the public on the OWEB website and in Board meeting materials.

(4) The council shall demonstrate at least one of the following:

(a) It is registered with the State of Oregon;

(b) It has a written fiscal sponsorship agreement with a 501(c)(3) organization; or

(c) It has a written fiscal sponsorship agreement with a Soil and Water Conservation District, city, county, or tribal government.

(5) Organizational Structure and Business Operations: If OWEB determines a watershed council or group of councils meets the relevant eligibility criteria in sections 1 through 4 above, OWEB shall determine whether the governing documents adopted by the council or group of councils include the elements described in this section.

(a) The council’s governing body has adopted bylaws or a charter that includes the following:

(A) A declaration that the council’s mission aligns with OWEB’s purpose as described in the Oregon Constitution and statutes. At a minimum, the bylaws or charter shall indicate that a primary purpose of the council is to work collaboratively with communities and landowners to develop and carry out voluntary watershed protection, restoration, enhancement, and community engagement activities;

(B) How the governing body is selected;

(D) How officers are selected;

(E) Who is eligible for the governing body;

(F) Who is eligible to be an officer;

(G) Length of service on governing body;

(H) Length of service for officers;

(I) Powers of governing body;

(J) Powers of officers;

(K) Minimum number or frequency of governing body meetings;

(L) Decision making process of governing body;

(M) A statement that the council intends its governing body to include a diverse range of geographic areas and community interests in the watershed in order to engage a balance of interested and affected persons within the watershed as required by ORS 541.910(2); and

(N) A process for amending the bylaws or charter.

(O) If the council is a membership organization, in addition to A-N above the bylaws or charter shall include the following:

(i) Who is eligible for membership;

(ii) When membership meetings will occur;

(iii) The decision making role of the membership; and

(iv) A process to remove members or terminate the voting rights of members.

(b) The council’s governing body has adopted policies and/or procedures that include the following:

(A) A list of the geographic areas and community interests the council intends to include on its governing body in order to engage a balance of interested and affected persons within the watershed pursuant to ORS 541.910(2);

(B) A policy that the council operates as an open and inclusive organization, including inviting the public to council meetings, and, upon request, providing the public with records of its meetings and decisions;

(D) A policy that the council does not rely on litigation to compel regulatory enforcement as a means to implement its mission.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14
OWEB 3-2004, f. & cert. ef. 9-20-04
OWEB 2-2004, f. 4-6-04 cert. ef. 4-12-04

Or. Admin. R. 695-040-0090 Eligibility Determination

(1) The eligibility of a watershed council or group of councils to submit an application for a Council Capacity Grant shall be determined in accordance with guidance adopted and periodically reviewed by the Board and made available to the public on the OWEB website and Board meeting materials.

(2) If a watershed council disagrees with the determination that it is not eligible to submit an application and wishes to appeal, the council shall appeal to OWEB’s Director in accordance with the appeal process contained in the guidance adopted by the Board. The Director shall make the final decision on all eligibility appeals.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14

Or. Admin. R. 695-040-0100 Application Requirements

Council Capacity Grant applications shall be submitted on the most current form that conforms to the requirements and process set forth in guidance and periodically reviewed by the Board and made available to the public on the OWEB website and Board meeting materials.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14

Or. Admin. R. 695-040-0110 Merit Evaluation

(1) Applications shall be evaluated in accordance with the guidance adopted and periodically reviewed by the Board and made available to the public on the OWEB website and in Board meeting materials.

(2) Through its merit evaluation, OWEB seeks to:

(a) Ensure strategic and accountable investment of public funds;

(b) Encourage continuous improvement in watershed councils’ organizational management, operating structure, and functions, and the planning and implementation of on-the-ground watershed protection, restoration, enhancement, and community engagement activities; and

(c) Ensure watershed councils are working toward strengthening their role in watersheds through activities focusing on council resilience, leadership, collaboration, and representing a balance of interested and affected persons within the watershed as required by ORS 541.910(2).

(3) Merit evaluation shall include reviews for:

(a) Prior performance;

(b) Progress in accomplishing council work plans that is demonstrated over time; and

(c) Demonstration of progress toward the objectives described in section 2 above, as set forth in guidance adopted by the Board.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14

Or. Admin. R. 695-040-0120 Board Action on Eligible Applications

(1) The Board may fund grants to watershed councils or a group of councils.

(2) The Board shall take action on eligible applications for Council Capacity Grants in accordance with guidance adopted by the Board and made available to the public on the OWEB website and in Board meeting materials.

(3) Individual Council Capacity Grant funding levels are within the Board’s discretion based on consideration of:

(a) A watershed council's merit evaluation;

(b) The Board’s determination, if any, under 695-040-0120(3)(d); and

(d) Notwithstanding subsections (a), (b) and (c), the Board may award an individual Council Capacity Grant for a larger geographic area when the Board determines that such action will likely increase collaboration and resource sharing, inter-watershed coordination, and will likely foster organizational resilience and watershed restoration outcomes at a larger landscape scale. The Board’s determination shall be made in accordance with guidance adopted and periodically reviewed by the Board and made available to the public on the OWEB website and in Board meeting materials. Such an award by the Board may include a reduction in the number of individual Council Capacity Grants within the larger geographic area and a reduction in funding levels for individual watershed councils within the larger geographic area.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14

Or. Admin. R. 695-040-0130 Use of Funds

A Council Capacity Grant provides funding for operations of a watershed council or group of councils.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14

Or. Admin. R. 695-040-0140 Grant Agreement Conditions

The Council Capacity grantee shall be required to:

(1) Submit to OWEB an annual work plan update;

(2) Submit an annual report to all local government entities that designated the council; and

(3) Obtain appropriate levels of insurance coverage commensurate with council activities.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14

Or. Admin. R. 695-040-0150 Waiver of Rules

The Director may waive any requirements of Division 40 for individual grant applications, not including mandatory statutory requirements, when doing so will result in more efficient or effective implementation of the Outcome-Based Watershed Council Operating Capacity Grant Program. Any waiver granted shall be in writing and included in the permanent file of the grant for which the waiver was granted.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
OWEB 1-2014, f. & cert. ef. 8-6-14

Division 45 LAND ACQUISITION GRANTS

Or. Admin. R. 695-045-0010 Definitions

(1) “Management Plan” is a description of the planned future management of a Property Interest that is consistent with guidance established by OWEB and includes, but is not limited to, actions such as species and habitat management practices, proposed restoration projects, Stewardship and monitoring, land uses, public access, and educational and research opportunities.

(2) “Profit” means a positive difference between the original purchase price for the Property Interest acquired with OWEB grant funds and a subsequent purchase price for the same Property Interest, minus the owner’s property improvement costs that, from an accounting or tax perspective, are capitalized and not expensed.

(3) “Stewardship” means monitoring, maintaining, managing, and improving a Property Interest, including providing signage, controlling access, enforcing use restrictions and resolving violations.

(4) “Stewardship Fund” means a restricted fund that is used to pay a Property Interest holder’s long-term costs for Stewardship of the Property Interest and taxes and insurance associated with that interest. If the source of the Stewardship Fund allows investment of the Stewardship Fund, the funds may be used for investment management costs.

(5) “Conservation Easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include protecting or restoring native fish or wildlife habitats.

(6) “Land Acquisition Grants” mean funds awarded by OWEB to purchase Property Interests.

(7) “Property Interest” means fee simple ownership or Conservation Easement.

(8) “Project” means the aggregate of eligible activities included in OAR 695-045-0170 and 0175 that comprise an application and are specific to parcels of land, all of which are essential to the protection of a specific priority habitat at a local scale.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-30-13
OWEB 1-2005, f. & cert. ef. 2-1-05

Or. Admin. R. 695-045-0020 Purpose

In accordance with Section 4(b)(2) of Article XV of the Oregon Constitution and ORS 541.956, OWEB may consider grant applications that propose to acquire Property Interests in lands from willing sellers for the purpose of maintaining or restoring watersheds and habitats for native fish or wildlife. This Chapter 695, Division 45 supplements the OWEB Grant Program rules under OAR Chapter 695, Division 5 and provides specific requirements for the OWEB land acquisition grant program.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-30-13
OWEB 1-2005, f. & cert. ef. 2-1-05

Or. Admin. R. 695-045-0165 Application and Subsequent Grant Processing and Agreement Requirements

(1) Land acquisition grant applications must be submitted on the most current form that conforms with the process prescribed by the Board.

(2) The Board may consider proposals that are received for properties that were acquired by the applicant after the previous application deadline.

(3) In the event of any conflict between these requirements and requirements identified in OAR 695-005, the land acquisition requirements in this division will take precedence.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 695-045-0170 Use of Grant Funds

Land Acquisition Grants may be applied towards costs related to the purchase of a Property Interest, including:

(1) The purchase price and the purchase option fees associated with the Property Interest. The purchase price shall be based on an appraisal and review appraisal completed in accordance with applicable appraisal standards, including the Uniform Standards of Professional Appraisal Practice, and if required, the Uniform Appraisal Standards for Federal Land Acquisitions;

(2) The interest on bridge loans needed to secure closure on the Property Interest prior to when funding will be available for distribution through the program;

(3) The staff costs incurred as part of the acquisition process related to the Property Interest;

(4) The cost of due diligence activities, including appraisal, environmental site assessment, survey, title review, the applicant’s legal fees incurred, and other customary due diligence activities;

(5) The cost of baseline inventory preparation;

(6) The cost of preparation of the initial Management Plan, including consideration of any restoration needs;

(7) The closing fees, including, but not limited to, recording and title insurance costs; or

(8) The cost of securing and maintaining the conservation values associated with the Property Interest in accordance with the application or a Management Plan approved by the Director.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 695-045-0175 Matching Contributions

(1) All applicants shall demonstrate that at least 25% match is being sought, based on the total OWEB grant request for the Project.

(2) Funds provided by OWEB shall not qualify as match.

(3) The following costs and activities will qualify as match:

(a) A contribution to any costs listed under OAR 695-045-0170, including in-kind contributions of those costs;

(b) Funding commitments made by others as a result of grant applicant efforts;

(d) Stewardship funds, provided that documentation demonstrates that the fund is dedicated to the Project.

(4) The Director retains the discretion to determine whether specific matching costs are reasonable in a particular grant context and will be recognized as qualifying matching costs.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 695-045-0180 Application Evaluation Process

OWEB shall evaluate grant applications for:

(1) The consistency of the Project with the Board’s established priorities and principles and conservation priorities established in local, regional, or state conservation plans for land acquisitions;

(2) The significance of the projected ecological outcomes;

(3) The capacity of the grant applicant, or intended property manager, to complete the acquisition of the Property Interest and to achieve and sustain the proposed ecological outcomes over time;

(4) The soundness of the legal and financial terms of the proposed real estate transaction;

(5) The community impacts or benefits resulting from the Project; and

(6) Any other factors the Board determines are relevant.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 695-045-0185 Board Approval and Delegation of Authority

The Board shall approve grants in accordance with this OAR Chapter 695, Division 45. The Director is delegated the responsibility of ensuring that funding conditions required by the Board are fully satisfied by the grant applicant. Except for disbursements authorized in OAR 695-045-0195(3), conditionally approved grant funds shall be encumbered for disbursement only after all conditions are fulfilled. The encumbered funds may be made available for other uses by OWEB if all conditions required by the Board, except for site stabilization and Management Plan activities, are not satisfied within 18 months of the conditional Board approval.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 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 the proposed acquisition, as well as affected governmental agencies, will be provided with written notice of the Board’s intent to consider:

(1) Written comments received at least 14 days before the Board meeting at which the application is to be considered by the Board,

(2) Comments made at public hearings held and publicized in accordance with ORS 271.735; and

(3) Comments made at the Board meeting at which the grant application is considered.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 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 of the proposed real estate transaction are approved by the Director;

(d) A grant agreement is executed by the Director and the grant applicant;

(e) The Director has reconciled conditionally approved funding with actual Project costs; and

(f) The grant applicant has satisfied the match requirements under OAR 695-045-0175 and OAR 695-005-0060(2).

(2) For grants established under these rules the Director is authorized to reimburse the grant applicant for allowable costs identified in OAR 695-045-0170 and to recognize matching contributions under OAR 695-045-0175 that were incurred no earlier than 18 months before the applicable grant application deadline.

(3) Notwithstanding OAR 695-045-0195(1)(a), funds may be distributed prior to transaction closing for due diligence activities specified in OAR 695-045-0170(4) and included in the application budget.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 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 copy of the written determination. The conditionally encumbered grant funds will remain encumbered until the Board either affirms the Director’s determination or authorizes the continued encumbrance of all or part of the funds in accordance with a modified decision of the Board.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 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 available to OWEB to address compliance issues, including but not limited to recovery of the OWEB grant funds that were used to purchase the Property Interest, together with interest at the highest rate allowed under Oregon law, and other penalties at the option of the Director.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 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 evaluations required under ORS 541.906(2)(c)(A).

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.906 & ORS 541.932(9)
OWEB 1-2019, adopt filed 04/29/2019, effective 05/01/2019

Or. Admin. R. 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 approval and that subsequent conveyances shall not result in a Profit.

(2) Subsequent conveyances shall be evaluated based on criteria established in OAR 695-045-0180 as applicable.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019
OWEB 1-2013, f. & cert. ef. 1-31-13

Or. Admin. R. 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 program. Any waiver must be in writing and included in the grant file to which the waiver applies.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2013, f. & cert. ef. 1-31-13

Division 46 WATER ACQUISITION GRANTS

Or. Admin. R. 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 maintain or restore streamflows for the benefit of watersheds and habitats for native fish or wildlife. This division supplements the OWEB Grant Program rules under OAR 695-005 and provides specific requirements for the OWEB water acquisition grant program. In the event of any conflict between these requirements and requirements identified in OAR 695-005, the water acquisition grant requirements in this division will take precedence.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9) & ORS 541.956
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13
OWEB 2-2005, f. & cert. ef. 2-1-05

Or. Admin. R. 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 facilities; and

(b) The amount of water needed after implementation of conservation measures to meet the beneficial use under the water right certificate.

(2) “Conserved Water” project means a project that conserves water pursuant to Oregon’s Conserved Water Act, ORS 537.455 to 537.500 and OAR 690-018.

(3) “Contractually Protected Instream Flow” means the amount of water secured through a Water Use Agreement.

(4) “Delegated to the Director” means the grant funds that the Board has authorized to the Director to award and enter into appropriate agreements.

(5) “Instream Lease” means the conversion of all or a portion of an existing Water Use Subject to Transfer to an instream water right for a specified time-period as authorized by ORS 537.348(2).

(6) “Legally Protected Instream Flow” means the amount of water secured through Instream Leases, Split-Season Use Instream Leases, Time-limited Instream Transfers, Conserved Water projects, Permanent Instream Transfers, or other mechanisms administered by Oregon Water Resources Department.

(7) “Permanent Instream Transfer” means the permanent conversion of all or a portion of an existing Water Use Subject to Transfer to an instream water right as authorized by ORS 537.348(1).

(8) “Split-Season Use Instream Lease” means an Instream Lease in which the water right can be exercised in the same season defined by the water right in the same calendar year for both the existing purpose of the water right and for an instream purpose, provided that the water is not used for the existing purpose during the period in which water is to be protected instream as authorized under ORS 537.348(3).

(9) “Time-limited Instream Transfer” means an instream transfer authorized under ORS 537.348(1) that is not permanent and under which the water right will revert back to its original use:

(a) Without further action by the Oregon Water Resources Department at the end of the period of time specified in the final order approving the instream transfer; or

(b) On a determination by Oregon Water Resources Department that other conditions, specified in the final order approving the instream transfer, for termination have been met.

(10) "Water Acquisition Project” means a voluntary transaction that results in a Legally or Contractually Protected Instream Flow.

(11) “Water Use Agreement” means a contractual agreement between a holder of a Water Use Subject to Transfer and an eligible grant applicant to change or forgo use of water under a Water Use Subject to Transfer during specified periods or under specified conditions to achieve Contractually Protected Instream Flow, such as forbearance agreements, minimum flow agreements, and other private agreements between a holder of a Water Use Subject to Transfer and an eligible grant applicant, intended to address the Purpose described in OAR 695-046-0010.

(12) “Water Use Subject to Transfer” means a water use established by:

(a) An adjudication under ORS chapter 539 as evidenced by a court decree;

(b) A water right certificate;

(c) A water use permit for which a request for issuance of a water right certificate under ORS 537.250 has been received and approved by the Water Resources Commission under ORS 537.250; or

(d) A transfer application for which an order approving the change has been issued under ORS 540.530 and for which proper proof of completion of the change has been filed with the Water Resources Commission. [1991 c.957 §2; 1995 c.274 §1; 1997 c.42 §2]

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13
OWEB 2-2005, f. & cert. ef. 2-1-05

Or. Admin. R. 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 as determined by the Oregon Department of Fish and Wildlife and in consideration of needs identified by other federal or Tribal fish and wildlife agencies; or

(b) Improve water quality in a water-quality-limited area, as defined in OAR 340-041-0002(70) and determined by the Oregon Department of Environmental Quality.

(2) Where the proposed Water Acquisition Project is within the boundaries of an irrigation district, the Board will only consider the project if that irrigation district has received written notice of the proposed project.

(3) Within grant applications for Water Acquisition Projects as described in this section, the Board will consider funding requests for activities such as project planning and development, project design, and outreach with holders of a Water Use Subject to Transfer that directly relate to the proposed Water Acquisition Project or will lead to future eligible Water Acquisition Projects in the same basin, or a portion thereof, as the proposed Water Acquisition Project. Grant applications requesting funding for project planning and development, project design, and outreach only are ineligible.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, adopt filed 04/27/2020, effective 05/01/2020

Or. Admin. R. 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 an interest in water.

(2) The cost of water conveyance or water use efficiency project elements, such as equipment, supplies, and contracted services for installation, that result in Legally Protected Instream Flow using Oregon Water Resources Department’s Allocation of Conserved Water program, or other Department-administered instream flow water conservation program.

(3) The monetary interest on bridge loans needed to secure the interest in water prior to when funding will be available for distribution through the program.

(4) The staff and contracting costs incurred as part of designing the project and acquiring the interest in water.

(5) The cost of outreach activities necessary for the funded Water Acquisition Project.

(6) The cost of due diligence activities, including appraisal or valuation of the interest to be acquired, water right review, title report, permitting, assessment of the timing and extent of water use and regulation associated with the interest in water, and other customary due diligence activities.

(7) The closing fees related to the acquisition of an interest in water.

(8) The cost of monitoring the Water Acquisition Project to certify that the water interest is being used and managed consistent with intent of grant application, allowing for any conditions listed in the Grant Agreement.

(9) Other reasonable costs, as determined by OWEB, for project planning and outreach with holders of a Water Use Subject to Transfer, related to development of the proposed Water Acquisition Project or future eligible Water Acquisition Projects in the same basin, or a portion thereof. These costs must be necessary for carrying out eligible programs that lead to development of eligible Water Acquisition Projects. The maximum amount that may be requested for these costs will be included in the announcement for the grant offering.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Or. Admin. R. 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.

(2) OWEB funds shall not qualify as matching contributions.

(3) The Director retains the discretion to determine whether matching costs are reasonable and will be recognized as qualifying matching costs.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9) & ORS 541.958(1)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Or. Admin. R. 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 achieve any state, federally, or Tribally supported flow target.

(b) Addresses limiting factors identified in professionally accepted conservation plans for habitat conservation needs or water quality;

(d) Monitors and tracks project impacts over time, as appropriate for the transaction type and duration; and

(e) Monitors project compliance and project outcomes, as appropriate for the transaction type and duration.

(2) How the water right's ownership, demonstration and quantification of use, validity, reliability, protectability, and seniority will result in instream flow improvements. If the project is utilizing the Oregon Water Resources Department’s Allocation of Conserved Water program the priority date of the conserved instream water right shall be the same as the original right.

(3) The alignment of proposed costs with the work necessary to accomplish the objectives described in the application, including:

(a) How the proposed cost of the Legally or Contractually Protected Instream Flow is consistent with local or regional market conditions;

(b) How the term of the proposed Water Acquisition Project is appropriate to meet the habitat, species, or water quality needs; and

(c) If the project is utilizing the Oregon Water Resources Department’s Allocation of Conserved Water program, or other Department-administered instream flow water conservation program, the project cost relative to the amount of water that will be protected instream, with a preference for projects with a higher percentage of water transferred instream than what is required by the Allocation of Conserved Water program.

(4) How the proposed activities are part of a strategic effort or long-term vision for restoring instream flows in the watershed, including how the proposed Water Acquisition Project:

(a) Complements other habitat conservation actions and needs;

(b) Will lead to future expansion of instream flow restoration; and

(c) Building on OAR 695-046-0196(1), addresses Oregon Department of Fish and Wildlife, or other federal or Tribal fish and wildlife agency priorities for aquatic habitat or Oregon Department of Environmental Quality water quality management or implementation plans, if established.

(5) The capacity and qualifications of the applicant, including staff or consultants to be retained, to accomplish the proposed Water Acquisition Project activities described in the application and to sustain the projected ecological outcomes over the project term.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, adopt filed 04/27/2020, effective 05/01/2020

Or. Admin. R. 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 Team meeting, the Technical Review Team shall evaluate each application based on the information provided and the evaluation criteria as described in OAR 695-046-0196 and OAR 695-005-0045.

(A) Review and evaluate each project individually based on how well the proposed project meets the criteria as described in OAR 695-046-0196 and OAR 695-005-0045.

(B) Recommend the project as:

(i) Do fund;

(ii) Do fund with conditions: or

(iii) Do not fund.

(C) Rank order all projects recommended for funding based on how well the project meets the criteria established in OAR 695-046-0196 and OAR 695-005-0045.

(d) The project description, summary evaluation, and funding recommendation for all projects, and the rank order of projects recommended for funding shall be forwarded from the Technical Review Team to Board staff for their consideration. This information will be provided to all applicants and to the Board.

(2) For water acquisition grant applications seeking grant funds that have been Delegated to the Director;

(a) A Technical Review Team will be convened to review grant applications.

(b) The Technical Review Team shall review and evaluate each project based on how well the proposed project meets the criteria in OAR 695-046-0196 and OAR 695-005-0045 and provide feedback and recommendations to OWEB staff.

(3) To the extent practicable, OWEB’s application evaluation process will create operational efficiencies and complementary investments by coordinating with other agencies and funders that sponsor water acquisition grant programs.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Or. Admin. R. 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 recommendation to the Board based on available resources for the grant offering and type. The recommendation may include any conditions placed on individual projects as suggested by the Technical Review Team and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be made available to applicants and members of the Technical Review Teams at least two weeks before the Board meeting where funding decisions are to be made.

(b) Applicants may provide written or oral comment to the Board on the staff recommendation prior to the Board decision.

(2) For grant applications seeking grant funds that have been Delegated to the Director, staff shall review the recommendations from each Technical Review Team and make a funding recommendation to the Director based on available resources for the grant offering and type. The recommendation shall include any conditions placed on individual projects as suggested by the Technical Review Team and may include proposed budget adjustments. The staff recommendation shall be made available to the applicants.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, adopt filed 04/27/2020, effective 05/01/2020

Or. Admin. R. 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.

(b) Projects not funded may be resubmitted during future application submission periods.

(2) For water acquisition grant applications seeking grant funds that have been Delegated to the Director:

(a) After considering recommendations from staff, and any public comments received, the Director may fund a project in whole or in part.

(b) Projects not funded may be resubmitted during future application submission periods.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, adopt filed 04/27/2020, effective 05/01/2020

Or. Admin. R. 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 grant applications. The Board will accept:

(1) Written comments received by OWEB before the publicized deadline prior to the Board meeting at which the Board will consider the application; and

(2) Oral comments made at the Board meeting at which the grant application is considered.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Or. Admin. R. 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 the grant applicant.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Or. Admin. R. 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 are met to the full satisfaction of the Director;

(d) The Director has reconciled conditionally approved funding with actual Water Acquisition Project costs; and

(e) The grant applicant has satisfied the Match requirements under OAR 695-046-0190 and OAR 695-005-0030(2).

(2) For grants established under these rules, the Director is authorized to reimburse the grant applicant for allowable costs identified in OAR 695-046-0185 and to recognize matching contributions under OAR 695-046-0190 that were incurred no earlier than 18 months before the applicable grant application deadline.

(3) Notwithstanding OAR 659-046-0215(1), funds may be distributed prior to Water Acquisition Project transaction closing for eligible activities specified in OAR 659-046-0185 and included in the application budget.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 3-2025, minor correction filed 03/17/2025, effective 03/17/2025
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Or. Admin. R. 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 resolved to the full satisfaction of the Director, the Director, after informing the Board and providing reasonable written notice to the recipient of the grant, may in their discretion initiate any and all legal remedies available to OWEB, including recovery of the OWEB grant funds that were used to purchase the water interest, and reasonable interest at the option of the Director.

(2) OWEB, its grantees, contractors and cooperating agencies must be provided sufficient legal access to property to which the water interest acquired with OWEB funds is appurtenant, for the purpose of monitoring to certify that the water interest is being used and managed consistent with Section 4b, Article XV of the Oregon Constitution.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Or. Admin. R. 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 effective implementation of the Board’s water acquisition grant program. Any waiver must be in writing and included in the grant file to which the waiver applies. The administrative rules for water acquisition grants shall be periodically reviewed by OWEB and the Board and revised as necessary and appropriate.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
OWEB 1-2026, amend filed 07/31/2026, effective 08/01/2026
OWEB 2-2020, amend filed 04/27/2020, effective 05/01/2020
OWEB 2-2013, f. & cert. ef. 6-19-13

Division 47 FOCUSED INVESTMENT PARTNERSHIP GRANTS

Or. Admin. R. 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 specific requirements for the Focused Investment Partnership Grants Program. In the event of any conflict between these requirements, and the requirements identified in OAR 695-005, the Focused Investment Partnership Grant Program requirements in this Division take precedence.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 yields resulting from Conservation Actions that can be quantified and measured over time.

(3) “Core Partners” are identified in the Initiative grant application as signatories to the Focused Investment Partnership Agreement and are eligible to apply for project-level grants to provide capacity for partnership coordination and Work Plan implementation.

(4) “Ecological Outcomes” are near-and-long-term results that are expected to emerge from Conservation Actions and resulting Conservation Outputs.

(5) “Expert Review Team” means a team of designated personnel with statewide knowledge and interdisciplinary expertise as appropriate to evaluate Focused Investment Partnership Initiative applications based on evaluation criteria in OAR 695-047-0060.

(6) “Focused Investment Partnership” means an OWEB investment that addresses a Board-identified priority of significance to the state, achieves Ecological Outcomes as identified through a Strategic Action Plan, and is implemented by a High-Performing Partnership.

(7) “High-Performing Partnership” means a collaborating group of organizations with an existing Strategic Action Plan and a governance structure that includes a decision-making process resulting in an effective performance history.

(8) “Initiative” means the program that the partnership will pursue with Focused Investment Partnership funding.

(9) “Strategic Action Plan” is a document that describes the long-term, science-based conservation strategy of a partnership, providing context for the Conservation Actions. A Strategic Action Plan is required at time of application and may cover a timeframe longer than the proposed FIP Initiative.

(10) “Theory of Change” is a way of explaining the hypothesized relationships between Conservation Actions and the Ecological Outcomes they are expected to produce.

(11) “Work Plan” means the proposed actions of the partnership in each biennium of the Initiative. Partnerships will submit an updated Work Plan to OWEB in advance of each new biennium.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 scientific rigor and shall include maps, a Theory of Change, and narrative describing the desired ecological outcomes for eligible Focused Investment Partnership Initiative activities.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 is sought and shall be expended within the scope and geography of the Initiative application.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 demonstrates an established governance structure and a shared history of collaboratively implementing Conservation Actions and adaptively managing to achieve Conservation Outputs;

(3)The composition of the partnership is appropriate to achieve Ecological Outcomes within the Initiative;

(4) The extent to which the partnership's Theory of Change supports the proposed Initiative and aligns with a Board identified ecological priority;

(5) The extent to which the Conservation Actions and Conservation Outputs described in the proposed Work Plan will make progress toward Ecological Outcomes;

(6) The extent to which the partnership demonstrates a process to track Conservation Outputs that are aligned with Ecological Outcomes; and

(7) The extent to which the allocation of funds across proposed grant types will support the achievement of the proposed Ecological Outcomes and catalyze additional investments.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 Partnership Initiative applications based on the information provided and according to criteria described in OAR 695-047-0060 and OAR 695-005-0045.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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-adopted spending plan line item for Focused Investment Partnership Initiatives, to a Board committee. The results from the Expert Review Team and OWEB staff funding recommendations shall be provided to applicants and the Board.

(2) The Board committee shall interview Core Partners proposing an Initiative.

(3) The Board committee shall make a funding recommendation to the Board based on the results of the Expert Review Team, the OWEB staff funding recommendations, the interview of the core partners, and the evaluation criteria described in OAR 695-047-0060.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 Initiatives, the Board shall determine the maximum amount for biennial awards.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 agreement shall include at a minimum: points of contact, purpose of initiative, scope of initiative, process for submitting project-level grant applications, review process, funding conditions, roles and responsibilities of signatories, and methodology to address any potential changes in composition of the core partnership.

(3) Only organizations that are signatory to the partnership agreement are eligible to apply for project level grants.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 prescribed by OWEB, on a schedule determined by the partnership and OWEB staff.

(3) Consistent with OAR 695-005-0030(2), project applications shall include a matching contribution from other non-Board program funds or in-kind services. The matching contribution may include sources of funding from other projects in the Initiative that are consistent with the activities described in the partnership's Initiative application and expended within the geography of the Initiative.

(4) Following consultation with the partnership about expertise that is relevant to the Initiative’s focus, a Technical Review Team shall be convened by OWEB.

(5) The Technical Review Team shall meet to evaluate project-level applications according to the project’s compatibility with the Initiative’s proposal and relevant evaluation criteria established in OAR Chapter 695. Representatives of the partnership shall be provided an opportunity to meet with the Technical Review Team during the project evaluation to provide context for proposed projects.

(6) OWEB staff shall provide the Technical Review Team evaluations to the applicant. Applicants and staff shall address any revisions to the project recommended by the Technical Review Team comments through edits to the project-level grant application or other agreed upon process.

(7) Grant types for Focused Investment Initiatives are Restoration (OAR 695-010), Engagement (OAR 695-015), Monitoring (OAR 695-025), Technical Assistance (OAR 695-030), Land Acquisition (OAR 695-045), and Water Acquisition (OAR 695-046).

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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) Initiative progress for the biennium;

(b) Additional investments generated through the Initiative beyond match used for project-level applications;

(d) Any proposed changes to the geography, scope, or Core Partners of the Initiative.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Or. Admin. R. 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 be in writing and included in the grant file to which the waiver applies. Any waiver of the requirements of Division 47 will be reported to the Board at the next Board meeting. The administrative rules for Focused Investment Partnership grants shall be periodically reviewed by the Board and revised as necessary and appropriate.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890-541.969
OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018

Division 48 DRINKING WATER SOURCE PROTECTION GRANT PROGRAM

Or. Admin. R. 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 sources of drinking water through:

(a) The acquisition of lands from willing sellers;

(b) Entering into covenants, easements, or similar agreements with willing landowners; or

(2) The program intent is that lands protected by this program will benefit a source of drinking water used by a Water Supplier.

(3) This Chapter 695, Division 48 supplements the OWEB Grant Program rules under OAR Chapter 695, Division 5, which also apply to this program. Division 48 provides specific requirements for the OWEB Drinking Water Source Protection Grant Program. In any conflict between these requirements and requirements identified in OAR 695-005, the Drinking Water Source Protection Grant Program requirements in this division will take precedence.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 connections used by year-round residents, or that regularly serves 25 or more year-round residents as defined in OAR 333-061-0020(25).

(3) “Conservation Easement” means a nonpossessory interest in real property that imposes limitations or affirmative obligations for the purposes of protecting, restoring, or enhancing lands where doing so will benefit a source of drinking water.

(4) “Drinking Water Source Area” is an area delineated under the source water assessment program of the federal Safe Drinking Water Act, 42 U.S.C. § 300j 13. This includes Drinking Water Protection Areas defined in OAR 333-061-0020(52) that are certified by Department of Environmental Quality or the Oregon Health Authority and drinking water source areas delineated by Tribes or by Environmental Protection Agency (EPA) for Tribal Public Water Systems. For a surface water-supplied drinking water source, the Drinking Water Source Area is a specifically determined part of a lake's, reservoir's, or stream's watershed that supplies water to the source. For a groundwater-supplied drinking water source, the Drinking Water Source Area is the surface area that directly overlies that part of the aquifer that supplies groundwater to a well, well field, or spring.

(5) “Drinking Water Source Protection Grants” are funded with the Community Drinking Water Enhancement and Protection Fund and awarded by OWEB to Grantees to protect, restore, or enhance sources of drinking water.

(6) “Grantee” means an applicant that enters into an agreement with OWEB to accomplish a Project.

(7) “Holder” has the meaning given to it in ORS 271.715, other than a state agency.

(8) “Long-Term Management Plan” means the planned future management and stewardship of the land for the benefit of drinking water pursuant to a Protective Instrument and that is intended to carry out the purposes of ORS 448.370 and is consistent with guidance established by OWEB. The term includes, but is not limited to, proposed restoration activities, strategies for monitoring, maintaining, managing, and improving the property, including providing signage, controlling access, enforcing use restrictions, and resolving violations.

(9) “Non-Transient Non-Community Water System” means a Public Water System that regularly serves at least 25 of the same persons over 6 months per year as defined in OAR 333-061-0020(86).

(10) “Notice of Grant Requirements” is a recorded document providing protection in perpetuity to Drinking Water Source Protection Grant Program investments in or on deeds conveying estates in fee simple absolute.

(11) “Oregon Very Small Water System” means a Public Water System, which serves 4 to 14 service connections or that serves commercial or public premises which are used by 10 to 24 people at least 60 days per year as defined in OAR 333-061-0020(91).

(12) “Partnership” means a collaboration between an eligible Water Supplier and a Holder that have agreed in writing to coordinating funding, expertise, materials, labor, or other assistance to a proposed Project. A Water Supplier may form a Partnership for the acquisition of any Protective Instrument.

(13) “Profit” means a positive difference between the original purchase price for the Protective Instrument acquired with OWEB grant funds and a subsequent purchase price for a transfer of the Protective Instrument or an estate in fee simple absolute minus the owner’s property improvement costs that, from an accounting or tax perspective, are capitalized and not expensed.

(14) “Project” means the aggregate of eligible activities included in OAR 695-048-0100 that comprise an application and are specific to parcels of land, all of which are essential to the protection, restoration, or enhancement of a drinking water source.

(15) “Protective Instrument” means a legal document conveying an estate in fee simple absolute, granting a Conservation Easement, creating a real covenant or an equitable servitude, or establishing similar agreements for the purposes of protecting, restoring, or enhancing lands where doing so will benefit a drinking water source.

(16) “Public Water System” means a system for the provision to the public of piped water for human consumption, if such system has three or more service connections used by year round residents, or supplies water to a public or commercial establishment that operates a total of at least 60 days per year, and that is used by 10 or more individuals per day as defined in OAR 333-061-0020(109). A Public Water System is either a "Community Water System," a "Transient Non-Community Water System," a "Non-Transient Non-Community Water System," or an "Oregon Very Small Water System".

(17) "Source Water Assessment” is an assessment completed under the source water assessment program of the federal Safe Drinking Water Act, 42 U.S.C. § 300j 13. This includes Source Water Assessments defined in OAR 333-061-0020(127) that are completed by Department of Environmental Quality or the Oregon Health Authority and Source Water Assessments completed by Tribes or by Environmental Protection Agency (EPA) for Tribal Public Water Systems. Source Water Assessments include delineation of the Drinking Water Source Area and an inventory and susceptibility analyses of the drinking water source.

(18) “Transient Non-Community Water System” means a Public Water System that serves a transient population of 25 or more persons as defined in OAR 333-061-0020(139).

(19) “Water Supplier” means any person, group of persons, municipality, district, corporation, or entity that owns or operates a Water System as defined in ORS 448.115.

(20) “Water System” means a system for the provision of water for human consumption through pipes or other constructed conveyances as defined in ORS 448.115.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 Drinking Water Source Protection Grant shall include:

(a) A legal description of the land subject to the Protective Instrument acquired;

(b) The objectives of the grant and terms demonstrating how the Protective Instrument will meet those objectives;

(A) A requirement that the Grantee will monitor the property, at least annually, and enforce the terms in the Protective Instrument;

(B) A requirement 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 Protective 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 requirement 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 Protective 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 Conservation Easement 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 Protective 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 Partnership with the Grantee, acquires an estate in fee simple absolute, the Grantee or the Holder, shall record on title a Notice of Grant Requirements that includes OAR 695-048-0030(1)(a)-(e).

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 Suppliers.

(2) Eligible Water Suppliers may form Partnerships with eligible Holders.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 used by the Water Supplier.

(2) Eligible properties must be partially or fully within a delineated Drinking Water Source Area.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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;

(d) Oregon Very Small Water Systems owned by a local government or non-profit Water Supplier; and

(e) Tribal Public Water Systems.

(2) The following Water Systems are ineligible for Drinking Water Source Protection Grants:

(a) Federally owned Water Systems;

(b) State owned Water Systems; and

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 695-048-0070 Maximum Grant Amount

The maximum available award for a Drinking Water Source Protection Grant is $3,000,000.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 funds and activities qualify as match:

(a) In-kind contributions to activities listed under OAR 695-048-0100;

(b) Funding commitments made by others as a result of grant applicant efforts;

(d) Interest paid on a loan that was used to acquire the Protective Instrument; and

(e) A donated portion of a sale.

(3) Match contributions qualify if they were incurred no earlier than 18 months before the applicable Drinking Water Source Protection Grant application deadline.

(4) The Director retains the discretion to determine whether specific proposed match contributions not specifically identified in OAR 695-048-0080(2)(a)-(e) can be recognized as qualifying match.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 water sources.

(2) If a Water Supplier has formed or proposes to form a Partnership with a Holder, the application must include, at a minimum, the following information about the Partnership:

(a) A description of Partnership resources to assist with the long-term protection, restoration, or enhancement of drinking water sources.

(b) Whether the Partnership’s mission supports the protection or restoration of natural resources and/or drinking water.

(3) The application must include an 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 describe the timeline for acquiring the Protective 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 demonstration of Water System and/or well ownership and authority to use the water (i.e., holds pertinent water right or has legal access to pertinent water right).

(7) The application must show property 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 Source Water Assessment of the Drinking Water Source Area and explain how the proposed Project will address the risk(s) identified in the Source Water Assessment, including:

(a) A description of land uses or activities that potentially result in pollution and may pose significant threat to water quality.

(b) A description of which pollutant(s) will be addressed.

(c) A description of how the protection, restoration, or enhancement of lands accomplished by the proposed Protective Instrument will reduce risk or pollutant load to the drinking water source.

(d) A map of the proximity of the land 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 baseflow for the drinking water source.

(10) Applications must include a description of community characteristics of the population served by the Water Supplier, including information about the following:

(a) Whether there are seasonal variations in the number of users and the impacts that has on the Water System;

(b) Whether drought or low water supply has impacted the Water System; and

(A) Small population size;

(B) The population served by the Water Supplier is lower income; or

(11) If a Conservation Easement or an estate in fee simple absolute transaction is not proposed, the application must explain the reasoning for the Protective Instrument proposed and the reasoning for the Project duration if less than perpetual.

(12) 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.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 repayment.

(1) Drinking Water Source Protection Grants may be applied towards costs related to:

(a) Acquiring lands from willing sellers for the purposes in ORS 448.370;

(b) Entering into real covenants, Conservation Easements, or similar agreements for the purposes of ORS 448.370, which are defined as Protective Instruments in these rules; and

(c) Repaying a loan used to finance a Project to protect, restore, or enhance lands consistent with OAR 695-048-0100(1)(a) or (b). If a Project involves the payoff of a Grantee’s loan used to finance the acquisition of a Protective Instrument, and the loan is forgivable in part, the Grantee cannot be reimbursed by OWEB for the forgiven portion of the loan.

(2) Use of Lottery Revenue Bond funds deposited into the Community Drinking Water Enhancement and Protection Fund may only be applied to a Project for acquisition of Protective Instruments that include the protection, restoration, or enhancement of lands for the benefit of drinking water source accomplished through the following: an estate in fee simple absolute, Conservation Easement, or other legal agreements drafted to run with the land and survive in perpetuity.

(3) Eligible costs for Projects under OAR 695-048-0100(1)(a) or (b) that are funded with Lottery Revenue Bonds deposited into the Community Drinking Water Enhancement and Protection Fund must be only “capital expenditures” for federal income tax purposes as defined by 26 C.F.R. § 1.150-1(b). This term includes both capitalized and capitalizable expenditures. Eligible costs include:

(a) The purchase price associated with the Protective Instrument.

(A) The purchase price shall be based on an appraisal and review appraisal completed in accordance with applicable appraisal standards, including the Uniform Standards of Professional Appraisal Practice for an estate in fee simple absolute and Conservation Easement acquisitions.

(B) Other methods of substantiating the purchase price conducted by an independent third-party entity may be accepted at the discretion of OWEB for all other Protective Instruments.

(b) The staff and contractor costs incurred as part of the acquisition process related to the Protective Instrument. Staff and contractor costs (labor hours) must be documented and tracked to the Project and capitalizable to the asset.

(c) The cost of due diligence activities associated with acquisition of the Protective Instrument after the specific property has been identified and that are capitalizable to the asset, including appraisal or other method of substantiating the purchase price, environmental site assessment, survey, title review, consultant fees, and other customary due diligence activities.

(d) The cost of baseline inventory preparation documenting the natural and human characteristics and conditions of the specific property at the time of acquisition. The cost of the baseline inventory must be capitalizable to the asset.

(e) Discrete legal costs incurred by the Water Supplier that are specific to the acquisition of the asset, and capitalizable to the asset. Legal costs (labor hours) must be documented and tracked. General in-house legal costs that are related to the overall management or policy of the entity are not eligible.

(f) Closing fees, including recording and title insurance costs. Pre-payments, such as those that fund the escrow account for insurance, taxes, or interest payments, are not eligible.

(g) For the costs in OAR 695-048-0100(3)(a)-(f) to be eligible for reimbursement by OWEB, costs must have been incurred no earlier than 60 days prior to the issuance of the Lottery Revenue Bonds.

(4) Eligible costs for Projects under OAR 695-048-0100(1)(a)-(c) that are funded with General Funds deposited into the Community Drinking Water Enhancement and Protection Fund include:

(a) The purchase price associated with the Protective Instrument.

(A) The purchase price shall be based on an appraisal and review appraisal completed in accordance with applicable appraisal standards, including but not limited to the Uniform Standards of Professional Appraisal Practice for an estate in fee simple absolute and Conservation Easement acquisitions.

(B) Other methods of substantiating the purchase price conducted by an independent third-party entity may be accepted at the discretion of OWEB for all other Protective Instruments.

(b) The interest on bridge loans needed to close on the Protective Instrument prior to when funding will be available for distribution through the program.

(c) The staff and contractor costs incurred as part of the Protective Instrument acquisition process related to the property.

(d) The cost of due diligence activities, including appraisal or other method of substantiating the purchase price, environmental site assessment, survey, title review, consultant fees, and other customary due diligence activities.

(e) The cost of baseline inventory preparation documenting the natural and human characteristics and conditions of the specific property at the time of the acquisition of the Protective Instrument.

(f) The legal fees incurred by the Water Supplier related to the Project. General in-house legal costs that are related to the overall management or policy of the entity are not eligible.

(g) The closing fees, including recording and title insurance costs.

(h) The cost of developing a Long-Term Management Plan to meet program requirements.

(i) Indirect costs of the Grantee, dependent on available funding.

(j) For the costs in OAR 695-048-0100(4)(a)-(i) to be eligible for reimbursement by OWEB, costs must have been incurred no earlier than 18 months before the applicable Drinking Water Source Protection Grant application deadline.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 respect to sensitive areas, potential pollutants, and potential sources of pollution identified in the Source Water Assessment for the Drinking Water Source Area.

(2) The capacity and experience of the applicant and, if a Partnership is proposed, the Holder, to achieve the ongoing management and stewardship of the Protective Instrument, and the property if applicable, as the long-term owner.

(3) The strength of the technical, legal, and financial aspects of the real estate transaction.

(4) Project readiness, including, but not limited to, the capacity of the parties engaged in the Project to complete acquisition transaction and due diligence steps within OWEB established timelines, and quality of due diligence information provided by the applicant.

(5) The Climate-Related Evaluation Criteria described in OAR 695-005-0045.

(6) For applicants that form Partnerships with eligible Holders:

(a) Demonstrated capacity and resources for long-term protection, restoration, or enhancement of drinking water sources.

(b) A Partnership mission that is in support of protection or restoration of natural resources and/or drinking water.

(7) The impacts of at least one of the following limiting factors on the Water System that will benefit from the proposed project:

(a) The extent to which seasonal variations in the number of users is affecting the Water System;

(b) The extent to which drought or low water supply is affecting the Water System; or

(8) The Water Supplier is economically distressed due to a small population size, the population served is lower income, or the population served is rural.

(9) The duration and type of the Protective Instrument, with a preference for longer term agreements.

(10) Implementation of a 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 the acquisition is for a Protective Instrument other than one accomplishing the conveyance of an estate in fee simple absolute or granting of a Conservation Easement and a Long-Term Management Plan is not proposed, the strength of the required justification and rationale about why a Long-Term Management Plan is not necessary given the type of Protective Instrument proposed.

(11) The degree and urgency of risk to the land and the associated Drinking Water Source Area if the proposed protection, restoration, or enhancement of lands for the benefit of drinking water accomplished by the proposed Protective Instrument is not implemented.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 695-048-0110) are modified in the following respects (collectively, the “First Cycle Modifications”):

(1) Loan repayment and associated eligible costs are eligible activities that can be funded by General Funds for transactions that have closed no more than 60 months before the applicable Drinking Water Source Protection Grant application deadline.

(2) Eligible match for Projects described in OAR 695-048-0100(1)(a)-(c) can date back to 60 months before the applicable Drinking Water Source Protection Grant application deadline for projects funded by General Funds.

(3) A third-party demonstration of market value of the Protective Instrument is not required for loan repayments.

(4) OWEB retains discretion to not apply some evaluation criteria in OAR 695-048-0110 to applications submitted for loan repayment during the first grant solicitation cycle.

(5) The First Cycle Modifications do not apply to any grant cycle other than the program’s initial grant cycle.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 Grantee agrees to develop a Long-Term Management Plan if deemed appropriate and necessary by the Board. In all cases for estates in fee simple absolute, that includes, but is not limited to the stewardship, monitoring, and uses of the property intended to carry out the purposes of ORS 448.370, developed in accordance with Long-Term Management Plan content described in the grant agreement with OWEB.

(2) OWEB review and approval of the Partnership agreement between the Grantee and the Holder.

(3) Subsequent conveyances requirements per OAR 695-048-0180.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 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 Grantee.

(2) Other than provided for in OAR 695-048-0160(3), conditionally approved grant funds shall be encumbered for disbursement only after all conditions are fulfilled. The encumbered funds may be made available for other uses by OWEB if all conditions required by the Board are not satisfied within 18 months of the conditional Board approval, unless a time extension is approved by the Board.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 695-048-0150 Public Comment on Grant Applications

OWEB shall provide the public with meaningful opportunities to comment on grant applications being considered by the Board. In a manner consistent with this requirement, OWEB will provide written notice to the governing bodies of cities and counties with jurisdiction in the area of the proposed Protective Instrument, as well as affected governmental agencies and Tribes, of the Board’s intent to consider:

(1) Written comments received by OWEB prior to the Board meeting at which the Board will consider the application;

(2) Comments made at public hearings held by the applicant in accordance with ORS 271.735; and

(3) Comments made at the Board meeting at which the grant application is considered.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 695-048-0160 Distribution of Funds

(1) The Director may approve the distribution of grant funds. Funds may be distributed throughout the time between approval by the Board and transaction closing as the following conditions are met:

(a) A grant agreement is executed by the Director and the Grantee;

(b) The funding conditions applicable to the allowable cost, if any, imposed by the Board are satisfied to the full satisfaction of the Director;

(d) The Protective Instrument and any required title restrictions are approved by the Director;

(e) The Director has reconciled conditionally approved funding with actual Project costs; and

(f) The Grantee has satisfied the match requirements under OAR 695-048-0080.

(2) For grants established under these rules, the Director is authorized to reimburse the Grantee for allowable costs as identified in OAR 695-048-0100. Costs incurred in a Project by a Holder may be reimbursed if they have a Partnership established with the Grantee and reimbursements are requested through the Grantee.

(3) Notwithstanding OAR 695-048-0160(1)(c)-(f), funds may be distributed prior to transaction closing for staff costs and due diligence activities specified in OAR 695-048-0100 and included in the application budget.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 695-048-0170 Compliance and Enforcement

(1) The ongoing use of the land addressed in the Protective Instrument acquired with Drinking Water Source Protection Grants shall be consistent with the purposes specified in ORS 448.370. OWEB may initiate any and all legal remedies available to OWEB to address compliance issues, including but not limited to recovery of the OWEB grant funds used to purchase the Protective Instrument, and reasonable interest and penalties at the option of the Director.

(2) A Grantee is responsible for fulfilling the terms and conditions of any agreement:

(a) Between the Grantee and the Board;

(b) Between the Grantee and a landowner, or other person or entity, necessary for the Grantee to carry out the Project for which a grant has been awarded; and

(3) OWEB and the Board are not liable to any landowner, person, or entity for the failure of a Grantee to fulfill the terms or conditions of any agreement between the person or entity and the Grantee.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 695-048-0180 Subsequent Conveyances

Any subsequent conveyance of an estate in fee simple absolute, assignment or modification of a Conservation Easement, transfer, assignment or modification of a real covenant, equitable servitude, or other agreement established for the purposes of protecting, restoring, or enhancing lands for the benefit of a drinking water source accomplished through a Protective Instrument acquired with Community Drinking Water Enhancement and Protection Fund monies must:

(1) Comply with the requirements of ORS 541.960 as applicable; be made subject to Board approval and, if applicable, Department of Administrative Services approval; and ensure that the modification, transfer, conveyance, or assignment shall not result in a Profit;

(2) For an estate in fee simple absolute and Conservation Easements, be transferred, conveyed, or assigned only to eligible applicants or eligible Holders; and

(3) Comply with the requirements of ORS 448.370 and OAR Chapter 695, Division 48.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Or. Admin. R. 695-048-0190 Waiver of Rules

The Director may waive the requirements of Chapter 695, Division 48 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Drinking Water Source Protection Grant Program. Any waiver must be in writing and included in the grant file to which the waiver applies.

History

Statutory/Other Authority: ORS 448.370(7)
Statutes/Other Implemented: ORS 448.370 - 448.380
OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024

Division 50 COMPLIANCE, COMPATIBILITY, COORDINATION, AND CONDITIONS

Or. Admin. R. 695-050-0010 Purpose

These rules establish policies and procedures for assuring that Board actions that affect land use comply with Statewide Planning Goals and are compatible with acknowledged comprehensive plans. These rules also prescribe measures for providing technical assistance to local governments, participation in periodic review of comprehensive plans, resolution of land use disputes and other aspects of state agency coordination required by OAR chapter 660, division 30. These rules and coordination rules in OAR chapter 695, constitute the Board's state agency coordination program pursuant to ORS 197.180.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-050-0015 Definitions

(1) "Action" means grant-related activities governed by OAR chapter 695, or the adoption, amendment, or implementation of any future Board rule or program found to affect land use pursuant to OAR 660-030-0005(2).

(2) "Land Use Approval" means a final decision or determination made by a local government that concerns the adoption, amendment, or application of the goals or comprehensive plan provisions or implementing ordinances.

(3) "Planning Director" means the director of county or city planning departments, an appropriate designee, or other local official responsible for carrying out land use planning functions.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-050-0020 Policy

State law establishes a complementary relationship between state and local management of watersheds. The Board is required by statute to fund restoration, maintenance, and enhancement of watersheds to protect the well-being of the state and its citizens. Board programs will, however, be planned and implemented by responsible parties at the local level. Local comprehensive plans must provide inventories of local watersheds as well as measures for protecting and managing those watersheds in order to comply with Statewide Planning Goals. In order to carry this out, local governments are encouraged to use watershed council assessments and action plans where appropriate. The Board recognizes that coordination between state, local and federal agencies responsible for land management is essential to meeting policy objectives for watershed enhancement established in ORS 541.890 through 541.969. In carrying out its mandate, the Board will maximize the effectiveness of its watershed enhancement efforts by incorporating and accommodating land use objectives as prescribed in acknowledged comprehensive plans.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-050-0025 Applicability

These rules will apply to Board actions authorized and governed by OAR chapter 695.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-050-0030 Compliance with Statewide Planning Goals

(1) Except as provided in section (2) of this rule, Board actions will comply with the Statewide Planning Goals by ensuring compatibility with acknowledged comprehensive plans as described in these rules and OAR chapter 695.

(2) The Board will adopt findings that its actions comply with the Statewide Planning Goals if:

(a) An acknowledged comprehensive plan does not contain:

(A) Requirements or conditions specifically applicable to a Board action; or

(B) General provisions, purposes, or objectives which would be substantially affected by the action; or

(b) Other conditions outlined in OAR 660-030-0065 exist.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-050-0035 Compatibility with Acknowledged Comprehensive Plans

(1) The Board will assure that its actions are compatible with acknowledged comprehensive plans by following provisions established in OAR chapter 695. These provisions will:

(a) Require grant applicants to obtain and submit land use information with the application package; and

(b) Preclude the distribution of grant awards until the planning directors of affected counties or cities verify that: the project is allowed by and compatible with comprehensive plans; and, all local land use approvals have been issued.

(2) The Board will avoid land use disputes with local government agencies following procedures prescribed in section (1) of this rule. However, the Board will provide for appropriate resolution measures as required by OAR 660-030-0070(4) and (7) through (12) if warranted.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-050-0040 Compliance of New or Amended Rules and Programs and their Compatibility with Acknowledged Comprehensive Plans

(1) The Board will examine proposals to amend or add to its rules and programs to determine if they affect any use as prescribed in OAR 660-030-0005(2). The Board may approve supplementary criteria for use in making its determination.

(2) The Board will notify the Department of Land Conservation and Development and any local governments relying on the Board for goal compliance as provided in OAR 660-030-0085 of all pending rule or program changes which are found to affect land use as described in section (1) of this rule. The notice will describe:

(a) The proposal;

(b) How the proposal affects land use;

(d) A date until which the Board will accept written and oral comment on the proposal.

(3) The Board will not approve any rule or program changes, which have been identified in responses to the notice provided pursuant to section (2) of this rule, as out of compliance with the Goals or incompatible with acknowledged comprehensive plans.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-050-0045 Coordination with State and Federal Agencies and Special Districts

The Board will coordinate its actions with state and federal agencies and special districts as required in OAR 660-030-0060(c) by complying with the interagency coordination provisions in ORS 541.350 through 541.420. These provisions include:

(1) Encouraging individuals, organizations and agencies to work jointly on watershed enhancement programs.

(2) Coordinating the development of local watershed enhancement programs and projects.

(3) Coordinating the implementation of enhancement projects with the activities of the Natural Resources Division of the Oregon Department of Agriculture, and other affected local, state and federal agencies.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

Or. Admin. R. 695-050-0050 Cooperation with, and Technical Assistance to, Local Governments

(1) The Board will place a high priority on cooperating with and providing technical assistance to participating agencies as prescribed in ORS 541.890 through 541.972.

(2) The Board will maintain information relating to watershed management and enhancement.

(3) The Board will coordinate its participation in periodic review of comprehensive plans with the Water Resources Department pursuant to provisions in the Department's certified state agency coordination program.

History

Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.890 - 541.969
OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05