Oregon Administrative Rules
Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD
Division 48 - DRINKING WATER SOURCE PROTECTION GRANT PROGRAM
Section 695-048-0020 - Definitions

(1) "Community Drinking Water Enhancement and Protection Fund" is a fund established in the State Treasury for use by OWEB to carry out the purpose of ORS 448.370.

(2) "Community Water System" means a Public Water System that has 15 or more service connections used by year-round residents, or that regularly serves 25 or more year-round residents as defined in OAR 333-061-0020(25).

(3) "Conservation Easement" means a nonpossessory interest in real property that imposes limitations or affirmative obligations for the purposes of protecting, restoring, or enhancing lands where doing so will benefit a source of drinking water.

(4) "Drinking Water Source Area" is an area delineated under the source water assessment program of the federal Safe Drinking Water Act, 42 U.S.C. § 300j 13 . This includes Drinking Water Protection Areas defined in OAR 333-061-0020(52) that are certified by Department of Environmental Quality or the Oregon Health Authority and drinking water source areas delineated by Tribes or by Environmental Protection Agency (EPA) for Tribal Public Water Systems. For a surface water-supplied drinking water source, the Drinking Water Source Area is a specifically determined part of a lake's, reservoir's, or stream's watershed that supplies water to the source. For a groundwater-supplied drinking water source, the Drinking Water Source Area is the surface area that directly overlies that part of the aquifer that supplies groundwater to a well, well field, or spring.

(5) "Drinking Water Source Protection Grants" are funded with the Community Drinking Water Enhancement and Protection Fund and awarded by OWEB to Grantees to protect, restore, or enhance sources of drinking water.

(6) "Grantee" means an applicant that enters into an agreement with OWEB to accomplish a Project.

(7) "Holder" has the meaning given to it in ORS 271.715, other than a state agency.

(8) "Long-Term Management Plan" means the planned future management and stewardship of the land for the benefit of drinking water pursuant to a Protective Instrument and that is intended to carry out the purposes of ORS 448.370 and is consistent with guidance established by OWEB. The term includes, but is not limited to, proposed restoration activities, strategies for monitoring, maintaining, managing, and improving the property, including providing signage, controlling access, enforcing use restrictions, and resolving violations.

(9) "Non-Transient Non-Community Water System" means a Public Water System that regularly serves at least 25 of the same persons over 6 months per year as defined in OAR 333-061-0020(86).

(10) "Notice of Grant Requirements" is a recorded document providing protection in perpetuity to Drinking Water Source Protection Grant Program investments in or on deeds conveying estates in fee simple absolute.

(11) "Oregon Very Small Water System" means a Public Water System, which serves 4 to 14 service connections or that serves commercial or public premises which are used by 10 to 24 people at least 60 days per year as defined in OAR 333-061-0020(91).

(12) "Partnership" means a collaboration between an eligible Water Supplier and a Holder that have agreed in writing to coordinating funding, expertise, materials, labor, or other assistance to a proposed Project. A Water Supplier may form a Partnership for the acquisition of any Protective Instrument.

(13) "Profit" means a positive difference between the original purchase price for the Protective Instrument acquired with OWEB grant funds and a subsequent purchase price for a transfer of the Protective Instrument or an estate in fee simple absolute minus the owner's property improvement costs that, from an accounting or tax perspective, are capitalized and not expensed.

(14) "Project" means the aggregate of eligible activities included in OAR 695-048-0100 that comprise an application and are specific to parcels of land, all of which are essential to the protection, restoration, or enhancement of a drinking water source.

(15) "Protective Instrument" means a legal document conveying an estate in fee simple absolute, granting a Conservation Easement, creating a real covenant or an equitable servitude, or establishing similar agreements for the purposes of protecting, restoring, or enhancing lands where doing so will benefit a drinking water source.

(16) "Public Water System" means a system for the provision to the public of piped water for human consumption, if such system has three or more service connections used by year round residents, or supplies water to a public or commercial establishment that operates a total of at least 60 days per year, and that is used by 10 or more individuals per day as defined in OAR 333-061-0020 (109). A Public Water System is either a "Community Water System," a "Transient Non-Community Water System," a "Non-Transient Non-Community Water System," or an "Oregon Very Small Water System".

(17) "Source Water Assessment" is an assessment completed under the source water assessment program of the federal Safe Drinking Water Act, 42 U.S.C. § 300j 13 . This includes Source Water Assessments defined in OAR 333-061-0020 (127) that are completed by Department of Environmental Quality or the Oregon Health Authority and Source Water Assessments completed by Tribes or by Environmental Protection Agency (EPA) for Tribal Public Water Systems. Source Water Assessments include delineation of the Drinking Water Source Area and an inventory and susceptibility analyses of the drinking water source.

(18) "Transient Non-Community Water System" means a Public Water System that serves a transient population of 25 or more persons as defined in OAR 333-061-0020 (139).

(19) "Water Supplier" means any person, group of persons, municipality, district, corporation, or entity that owns or operates a Water System as defined in ORS 448.115.

(20) "Water System" means a system for the provision of water for human consumption through pipes or other constructed conveyances as defined in ORS 448.115.