OAR 690-521-0200
Definitions


The following definitions apply to OAR 690-521-0100 (Purpose of Mitigation Bank and Mitigation Credit Rules) through 690-521-0600 (Department Mitigation Credit Oversight Account).

(1)

“Allocation of conserved water” means an application approved under ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) and OAR 690, division 18 in which the Department may award mitigation credits for the applicant’s portion of the conserved water that is legally protected for instream use resulting from conservation measures, such as canal lining and piping or other improvements in the technology or method for diverting, transporting, applying, or recovering water.

(2)

“Department” means the Oregon Water Resources Department.

(3)

“Deschutes Ground Water Study Area” means the Deschutes River Basin drainage area indicated in Exhibit 1.

(4)

“General zone of impact” means anywhere above the Madras gage on the Lower Deschutes River or, for wells determined by the Department to have a localized impact on surface water, anywhere within the impacted subbasin of the Deschutes River including the Metolius, Squaw Creek, Little Deschutes, and Crooked River subbasins as identified by the Department.

(5)

“Mitigation bank” means an entity that is authorized by the Water Resources Commission to obtain, hold and assign mitigation credits pursuant to Chapter 659, 2001 Oregon Laws (HB 2184) and these rules.

(6)

“Mitigation credit” is a means of accounting for mitigation water, calculated in acre-feet, made available by a mitigation project. One mitigation credit is equal to one acre-foot of mitigation water. Mitigation credits are determined and awarded by the Department upon completion of the project and verification by the Department.

(7)

“Mitigation obligation” means the amount of mitigation water needed for the appropriation of ground water as determined by the Department under OAR 690, division 505, calculated in acre-feet.

(8)

“Mitigation project” means a project approved by the Department that results in mitigation water.

(9)

“Mitigation water” means water that is legally protected for instream use from implementation of a mitigation project, calculated in acre-feet.

(10)

“Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character.
[ED. NOTE: Exhibits referenced are available from the agency.]
Last Updated

Jun. 8, 2021

Rule 690-521-0200’s source at or​.us