Or. Admin. Code § 690-090-0010 - Definitions

As used in these rules and forms to be prepared by the Water Resources Commission, the following definitions apply:

(1) "Applicant" means a loan program applicant or borrower.

(2) "Commission" means the Water Resources Commission.

(3) "Community" means an incorporated or unincorporated town or locality with more than three service connections and a population of less than 30,000.

(4) "Community water supply project" means an undertaking, in whole or in part, in this state for the purpose of providing water for municipal use, which may include safe drinking water, including dams, storage reservoirs, wells or well systems, pumping plants, treatment facilities, pipelines, canals, canal lining and restoration, ditches, revetments, and all other structures, facilities, real property and methods necessary or convenient for supplying water.

(5) "Department" means the Water Resources Department or its staff.

(6) "Director" means the director of the Water Resources Department or designee.

(7) "Drainage project" means facilities installed to provide for the removal of excess water and thereby increase soil versatility and productivity. These facilities may include ditching, tiling, piping, channel improvement, pumping plants or other agronomically approved methods.

(8) "Family farm unit" means land devoted primarily to agriculture under the ownership of a resident Oregon family.

(9) "Fish protection project" means an undertaking, in whole or in part, in this state for the purpose of fish protection, including fish screening or by-pass devices, fishways, passage, and all other structures and facilities necessary or convenient for providing fish protection.

(10) "Irrigation project" means facilities designed to provide water to land for the purpose of irrigation. Projects may include dams, storage reservoirs, wells or well systems, pumping plants, pipelines, canals, canal lining and restoration, ditches, revetments and all other structures, facilities, real property and methods necessary or convenient for supplying lands with water for irrigation purposes.

(11) "Loan advisory board" means a board appointed by the director to review applications made under ORS 541.700 through 541.855 and make recommendations thereon to the director.

(12) "Loan contract" means the loan agreement, supplemental loan agreement, promissory note, mortgage and other documents relating to the construction, operation and maintenance of the project, and repayment of the loan.

(13) "Loan funds" means moneys loaned by the department to finance water development projects.

(14) "Multipurpose project" means a water development project in this state which provides more than one use. To be eligible for funding, the primary use of the project shall be irrigation, drainage, community water supply, fish protection or watershed enhancement projects. Secondary uses may include other water uses which are compatible with the primary use. Secondary uses are:

(a) Any water-related recreational use;

(b) Any wildlife or natural resource conservation use;

(c) Municipal or industrial water uses with a water development project as the source;

(d) Water quality enhancement directly related to the development of a new water development project;

(e) Any flood control use;

(f) Any power generation use;

(g) Any water supply system utilized for the purpose of agricultural temperature control;

(h) Any water supply system utilized for the maintenance of livestock;

(i) Any water supply system utilized as a domestic water system for the benefit of an individual residence related to the operation of the water development project.

(15) "Personal property" means movable property or possessions not permanently affixed to and a part of the real estate.

(16) "Principal income" means a major source of income as stated in the applicant's federal tax returns for the three years previous to filing the Water Development Loan Fund application or such other evidence acceptable to the director.

(17) "Real property" means land, buildings, and other permanent improvements to the land.

(18) "Resident" means an individual living in the State of Oregon for the six months immediately preceding the date of filing an application.

(19) "Water developer" means:

(a) Any individual resident of this state;

(b) Any profit-making partnership subject to the provisions of ORS Chapter 68 or 70 whose principal income is from farming in Oregon;

(c) Any profit-making corporation subject to the provisions of ORS Chapter 60, whose principal income is from farming in Oregon;

(d) Any nonprofit corporation subject to provisions of ORS Chapter 65, whose principal income is from farming in Oregon;

(e) Any cooperative subject to the provisions of ORS Chapter 62, whose principal income is from farming in Oregon;

(f) Any irrigation district organized under or subject to the Irrigation District Act, as defined in ORS Chapter 545;

(g) Any water improvement district organized under ORS Chapter 552;

(h) Any water control district organized under ORS Chapter 553;

(i) Any irrigation or drainage corporation organized under or subject to ORS Chapter 554;

(j) Any drainage district organized under ORS Chapter 547 or subject to all or part of ORS Chapter 545;

(k) Any corporation, cooperative, company, or other association formed prior to 1917 for the purpose of distributing water for irrigation purposes;

(l) Any port district organized under ORS Chapter 777.005 to 777.725, 777.915 to 777.953 and 777.990;

(m) Any city or county;

(n) Any organization formed for the purpose of distributing water for community water supply; or

(o) Any local soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

(20) "Water development project" means an undertaking, in whole or in part, in Oregon with the primary purpose of irrigation, drainage, community water supply, fish protection, or watershed enhancement, including acquisition of water for instream flow.

(21) Watershed enhancement project" means an undertaking, in whole or in part, in this state for the purpose of watershed enhancement including methods and materials to restore, maintain and enhance the biological, chemical and physical integrity of the riparian zones and associated uplands of the state's river, lake and estuary systems.

Notes

Or. Admin. Code § 690-090-0010

WRD 1-1978, f. & ef. 2-13-78; WRD 1-1982, f. & ef. 1-11-82; WRD 9-1982, f. & ef. 8-9-82; WRD 8-1986, f. & ef. 6-18-86; WRD 15-1988, f. & cert. ef. 9-20-88; WRD 12-1990, f. & cert. ef. 8-8-90; WRD 3-1997, f. & cert. ef. 4-15-97

Stat. Auth.: ORS 183, ORS 197, ORS 536 & ORS 541

Stats. Implemented: ORS 541.700 - ORS 541.855