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.
(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) "Technical Review Teams" means a team of
designated personnel with regional knowledge and interdisciplinary expertise
drawn from agencies represented on the Board and other entities organized to
evaluate water acquisition grant applications.
(10) "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 the Department that
other conditions, specified in the final order approving the instream transfer,
for termination have been met.
(11) "Water Acquisition Project" means a
voluntary transaction that results in a Legally or Contractually Protected
Instream Flow.
(12) "Water Use
Agreement" means a contractual agreement between a water right holder and an
eligible grant applicant to conserve water or curtail the beneficial use of
water under a water right 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 water right holder and an eligible grant applicant.
Notes
Statutory/Other Authority: ORS 541.906
Statutes/Other Implemented: ORS 541.932(9)
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