1. (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:

   1. (a) The ground water permit application to which the credits were assigned is denied or withdrawn;
   2. (b) The ground water permit application to which the credits were assigned is amended and the mitigation obligation is reduced;
   3. (c) The final order issued approving the ground water permit application to which the credits were assigned expires pursuant to OAR 690-505-0620;
   4. (d) The ground water permit to which the credits were assigned is subsequently cancelled or partially cancelled resulting in a reduced mitigation obligation;
   5. (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;
   6. (f) The subsequent ground water certificate to which the credits were assigned is cancelled, or partially cancelled resulting in a reduced mitigation obligation; or
   7. (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. (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

History

WRD 1-2020, amend filed 05/22/2020, effective 05/22/2020
WRD 4-2015, f. & cert. ef. 6-26-15
WRD 1-2010, f. & cert. ef. 6-9-10