Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 522 - DESCHUTES BASIN WATER MANAGEMENT
Section 690-522-0050 - Reassignment of Permanent Mitigation Credits
Universal Citation: OR Admin Rules 690-522-0050
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Notwithstanding OAR 690-521-0400(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which the credits were assigned is denied or withdrawn;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;
(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 with
an incremental development plan under OAR 690-505-0625 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 with an incremental development plan under OAR
690-505-0625, provided the reassignment is consistent with the requirements of
OAR 690-505-0610 (4) and OAR 690-505-0625. 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.
Statutory/Other Authority: ORS 536.027 & ORS 537.746
Statutes/Other Implemented: ORS 537.746, Or Laws 2005, ch 669 & Or Laws 2011, ch 694
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