Current through Register Vol. 63, No. 9, September 1, 2024
(1) A Protective
Instrument accomplishing the protection, restoration, or enhancement of land
for the benefit of a drinking water source, other than a deed conveying an
estate in fee simple absolute, acquired with funds awarded in a Drinking Water
Source Protection Grant shall include:
(a) A
legal description of the land subject to the Protective Instrument
acquired;
(b) The objectives of the
grant and terms demonstrating how the Protective Instrument will meet those
objectives;
(c) Specific
obligations of the Grantee including, but not limited to:
(A) A requirement that the Grantee will
monitor the property, at least annually, and enforce the terms in the
Protective Instrument;
(B) A
requirement that the Grantee will repay the grant funds to OWEB if Grantee
fails to enforce the terms of the Protective Instrument;
(C) A covenant that the Grantee will not
modify, assign, transfer, or convey the Protective Instrument without the
consent of OWEB and, if applicable, the Department of Administrative Services;
and
(D) Terms that provide for the
obligations to run with the land and bind any successor in interest or
permitted assignee.
(d) A
requirement that OWEB and its designees will be provided sufficient legal
access to the land protected, restored, or enhanced for the benefit of a
drinking water source accomplished by the Protective Instrument acquired with
Drinking Water Source Protection Grants, given reasonable notice, for the
purpose of compliance inspections.
(e) The duration of the protection of land
for the benefit of a drinking water source accomplished by the Protective
Instrument:
(A) A Conservation Easement shall
last in perpetuity.
(B) The
duration of the protection of land for the benefit of a drinking water source
accomplished by any other Protective Instrument, other than a deed conveying an
estate in fee simple absolute, may last for a term unlimited in duration unless
the instrument creating it otherwise provides. A real covenant term shall be
set at 12-month increments only and not partial years.
(2) If the Project includes a
Partnership with a Holder, and the Grantee will not hold the Protective
Instrument, the Holder will be required to execute any Protective Instrument so
that it meets the requirements in OAR 695-048-0030(1)(a)-(e).
(3) If a Grantee, or a Holder in Partnership
with the Grantee, acquires an estate in fee simple absolute, the Grantee or the
Holder, shall record on title a Notice of Grant Requirements that includes OAR
695-048-0030(1)(a)-(e).
