OAR 690-522-0050
Reassignment of Permanent Mitigation Credits

(1) Notwithstanding OAR 690-521-0400 (Award and Validity of Mitigation Credits)(2), the Department may reassign part or all of permanent mitigation credits that were used to satisfy a mitigation obligation if:
(a) The ground water permit application to which the credits were assigned is denied or withdrawn;
(b) The ground water permit application to which the credits were assigned is amended and the mitigation obligation is reduced;
(c) The final order issued approving the ground water permit application to which the credits were assigned expires pursuant to OAR 690-505-0620 (Deschutes Basin Groundwater Mitigation Rules: Ground Water Permit and Final Order Conditions);
(d) The ground water permit to which the credits were assigned is subsequently cancelled or partially cancelled resulting in a reduced mitigation obligation;
(e) The subsequent ground water certificate is issued for less ground water use than originally allowed under the permit and there is a corresponding reduction in mitigation obligation;
(f) The subsequent ground water certificate to which the credits were assigned is cancelled, or partially cancelled resulting in a reduced mitigation obligation; or
(g) The mitigation credits are assigned to a permit for municipal or quasi-municipal use issued under OAR 690-505-0620 (Deschutes Basin Groundwater Mitigation Rules: Ground Water Permit and Final Order Conditions) with an incremental development plan under OAR 690-505-0625 (Deschutes Basin Groundwater Mitigation Rules: Municipal and Quasi-municipal Ground Water Permit Applications) and the permit holder requests to re-assign credits to another such existing permit of their own or to another municipal or quasi-municipal entity that holds a groundwater permit issued under OAR 690-505-0620 (Deschutes Basin Groundwater Mitigation Rules: Ground Water Permit and Final Order Conditions) with an incremental development plan under OAR 690-505-0625 (Deschutes Basin Groundwater Mitigation Rules: Municipal and Quasi-municipal Ground Water Permit Applications), provided the reassignment is consistent with the requirements of OAR 690-505-0610 (Deschutes Basin Groundwater Mitigation Rules: Mitigation Obligation and Mitigation Standards) (4) and OAR 690-505-0625 (Deschutes Basin Groundwater Mitigation Rules: Municipal and Quasi-municipal Ground Water Permit Applications). The permit holder requesting the re-assignment of credits under this provision shall submit to the Department an updated incremental development plan.
(2) Mitigation credits available pursuant to this rule may be assigned by applicant or permit or certificate holder to any person or mitigation bank or assigned to satisfy a mitigation obligation.

Source: Rule 690-522-0050 — Reassignment of Permanent Mitigation Credits, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-522-0050.

Last Updated

Jun. 8, 2021

Rule 690-522-0050’s source at or​.us