ORS 285A.108
Rules
(2)
Any of the following public bodies may apply for a due diligence grant under the program in the manner prescribed under section 29 of this 2023 Act:(a)
A municipal subdivision of this state.(b)
A port organized under ORS chapter 777 or 778.(c)
A district as defined in ORS 198.010 (“District” defined for chapter).(d)
An Oregon Indian tribe as defined in ORS 294.805 (Definitions for ORS 294.805 to 294.895).(e)
A county.(3)
The authority may award grants to fund any of the following due diligence activities related to aquifer recharge and aquifer storage and recovery:(a)
Test pit construction.(b)
Borings and soil sampling necessary to design recharge basin or aquifer storage and recovery well size and location.(c)
Aquifer modeling necessary to meet the standards for a request to the Water Resources Department for a limited license under ORS 537.143 (Limited license to use or store surface or ground water or to use stored water) and 537.144 (Request for right to use water under limited license) or to test aquifer storage and recovery in accordance with testing criteria under ORS 537.505 (Short title) to 537.534 (Rules for permitting and administering aquifer storage and recovery projects).(d)
Design and engineering necessary to reach the final 50 percent of design and engineering necessary to result in a biddable project for aquifer recharge basins, aquifer storage and recovery wells and works, aquifer storage and recovery treatment systems and conveyance works from water source to recharge site.(e)
Sampling required by the Department of Environmental Quality to establish parameters for monitoring and sampling source water quality and aquifer water quality.(f)
Monitoring and sampling plan development associated with limited license requirements of the Water Resources Department and the Department of Environmental Quality.(g)
Applying for a limited license and public coordination.(4)
All or a portion of the basin or aquifer to which a grant application relates must have been:(a)
Restrictively classified under ORS 536.340 (Classification of water as to highest and best use and quantity of use);(b)
Withdrawn by the Water Resources Department from further groundwater appropriation under ORS 536.410 (Withdrawal of unappropriated waters from appropriation by commission order); or(c)
Designated as critical under statute or rule or order of the Water Resources Commission or the Water Resources Department.(5)
The Oregon Business Development Department may adopt any rules the department considers necessary or convenient for the administration of this section and section 29 of this 2023 Act. [2023 c.606 §28](2)
To qualify for a due diligence grant, an application must be accompanied by documentation satisfactory to the department that the following items have been completed or are available for inspection:(a)
Intentionally left blank —Ed.(A)
A United States Geological Survey ground water characterization model for the targeted aquifer establishing a baseline of aquifer properties;(B)
A peer-reviewed academic model for the targeted aquifer establishing a baseline of aquifer properties; or(C)
Documentation of agency-developed or publicly developed reports determining that the targeted aquifer is a potential candidate for recharge testing in order to prove that baseline data exists to warrant additional due diligence for recharging the aquifer;(b)
Documentation establishing that source water is available to conduct aquifer recharge testing at the targeted volume and rate of the test;(c)
Documentation establishing that ground water use in the targeted aquifer has been monitored and metered for at least five years immediately prior to the date on which the application is submitted; and(d)
Documentation showing that the basin or aquifer to which the application relates is eligible under section 28 (4) of this 2023 Act.(3)
Intentionally left blank —Ed.(a)
Once the department has determined that an application is complete, the department shall approve or reject the application.(b)
Rejection of an application does not preclude the governing body from reapplying at any time with respect to the same or another basin or aquifer.(c)
If the department approves an application, the Oregon Infrastructure Finance Authority shall determine the amount of the grant award in accordance with subsection (4) of this section and the department shall disburse the moneys to the applicant.(d)
Rejection of an application and the amount of a grant award may not be appealed.(4)
The authority may award grants in any amount that does not exceed the eligible due diligence costs substantiated in the application. [2023 c.606 §29](2)
Any of the following public bodies may apply for a forgivable loan under the program in the manner prescribed under section 31 of this 2023 Act:(a)
A municipal subdivision of this state.(b)
A port organized under ORS chapter 777 or 778.(c)
A district as defined in ORS 198.010 (“District” defined for chapter).(d)
An Oregon Indian tribe as defined in ORS 294.805 (Definitions for ORS 294.805 to 294.895).(e)
A county.(3)
The authority may make forgivable loans for any of the following costs related to aquifer recharge and aquifer storage and recovery testing:(a)
Energy costs.(b)
Operation and maintenance costs associated with the treatment and delivery of source water for the purposes of testing aquifer recharge or aquifer storage and recovery.(c)
Monitoring and reporting costs required by the monitoring plan of a limited license.(4)
All or a portion of the basin or aquifer to which a loan application relates must have been:(a)
Restrictively classified under ORS 536.340 (Classification of water as to highest and best use and quantity of use);(b)
Withdrawn by the Water Resources Department from further groundwater appropriation under ORS 536.410 (Withdrawal of unappropriated waters from appropriation by commission order); or(c)
Designated as critical under statute or rule or order of the Water Resources Commission or the Water Resources Department.(5)
Forgivable loans shall be made under this section and section 31 of this 2023 Act in a principal amount that does not exceed the costs set forth in the application over the period, not to exceed five years, of the limited license issued by the Water Resources Department under ORS 537.143 (Limited license to use or store surface or ground water or to use stored water) and 537.144 (Request for right to use water under limited license) or 537.505 (Short title) to 537.534 (Rules for permitting and administering aquifer storage and recovery projects) that is associated with the application submitted under section 31 of this 2023 Act.(6)
The Oregon Business Development Department may adopt any rules the department considers necessary or convenient for the administration of this section and section 31 of this 2023 Act. [2023 c.606 §30](b)
To qualify for a forgivable loan, an application must be accompanied by documentation:(A)
Of a valid limited license to conduct aquifer recharge testing or aquifer storage and recovery testing at the site to which the application relates; and(B)
That shows the basin or aquifer to which the application relates is eligible under section 30 (4) of this 2023 Act.(2)
Intentionally left blank —Ed.(a)
Once the department has determined that an application is complete, the department shall approve or reject the application.(b)
Rejection of an application does not preclude the governing body from reapplying at any time with respect to the same or another basin or aquifer.(c)
If the department approves an application, the Oregon Infrastructure Finance Authority shall determine the amount of the forgivable loan in accordance with section 30 (5) of this 2023 Act and the department shall duly negotiate a loan agreement with the applicant.(d)
Rejection of an application and the amount of a forgivable loan may not be appealed.(3)
Intentionally left blank —Ed.(a)
Upon completion of the activities for which the forgivable loan was made, the governing body that received the loan must submit documentation satisfactory to the department that 100 percent of the water placed into the recharge went into the waters of this state and was not recovered under a secondary use limited license or secondary use permit obtained under ORS 537.534 (Rules for permitting and administering aquifer storage and recovery projects).(b)
If the department is satisfied with the documentation, 100 percent of the amount of the loan shall be forgiven.(c)
If the department determines that water was used impermissibly within the terms of paragraph (a) of this subsection, the department may require repayment of the loan in an amount proportional to the percentage of the water that was used impermissibly, with interest at a rate not to exceed five percent.(d)
Loan amounts and interest repaid under paragraph (c) of this subsection shall be credited to the Aquifer Recharge Fund established under section 33 of this 2023 Act. [2023 c.606 §31](2)
The fund shall consist of all moneys credited to the fund, including but not limited to:(a)
Moneys appropriated, allocated, transferred or otherwise credited to the fund by the Legislative Assembly, the department or the authority;(b)
Earnings received on moneys in the fund;(c)
Repayment of financial assistance provided under sections 28 to 33 of this 2023 Act, including interest;(d)
Moneys transferred to the fund from the federal government, state agencies or local governments; and(e)
Moneys deposited in the fund from any other source, including, but not limited to, grants and gifts.(3)
The authority may directly or indirectly grant, expend or lend moneys in the fund for the purposes set forth in sections 28 to 33 of this 2023 Act.(4)
Intentionally left blank —Ed.(a)
The authority shall administer the fund.(b)
The Oregon Business Development Department may adopt rules and policies for the administration of the fund. [2023 c.606 §33](2)
Any moneys remaining in the Aquifer Recharge Fund established under section 33 of this 2023 Act on the date specified in subsection (1) of this section that are unexpended, unobligated and not subject to any conditions shall be transferred to the Administrative Services Economic Development Fund. [2023 c.606 §34]
Source:
Section 285A.108 — Rules, https://www.oregonlegislature.gov/bills_laws/ors/ors285A.html (accessed May 26, 2025).