Or. Admin. Code § 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.

(c) Documentation of a formal commitment between Water Supplier and Holder.

(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

(c) Information that demonstrates whether the Water Supplier is economically distressed due to:

(A) Small population size;

(B) The population served by the Water Supplier is lower income; or

(C) The Water Supplier serves a rural community.

(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.

Notes

Or. Admin. Code § 695-048-0090

OWEB 1-2024, adopt filed 07/26/2024, effective 8/1/2024

Statutory/Other Authority: ORS 448.370(7)

Statutes/Other Implemented: ORS 448.370 - 448.380