Chapter 541 — Water Distributors; Water Releases; Conservation and Storage;

ORS 541.566 Studies eligible for grants or direct service cost payments

(1)

A study receiving a grant or payment for direct services under ORS 541.561 may include activities necessary to assess the type, location, design, cost or other factors affecting the feasibility of a project described in ORS 541.561. Specific activities may include, but are not limited to:

(a)

Analyses of hydrological refill capacity;

(b)

Water needs analyses;

(c)

Refined hydrological analyses;

(d)

Engineering and financial feasibility studies;

(e)

Geologic analyses;

(f)

Water exchange studies;

(g)

Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of a proposed project on those flows;

(h)

Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives;

(i)

Analyses of potential environmental, social, cultural or economic benefits, harm or impacts from a proposed project;

(j)

Analyses of potential public benefits accruing from a proposed project;

(k)

Fiscal analyses of a proposed project, including estimated project costs, financing for the project and projected financial returns from the project;

(L)

Hydrological analyses of a proposed project, including the anticipated effects of climate change on hydrological refill capacity;

(m)

Analyses of potential water quality impacts of the project;

(n)

The development of water management and conservation plans and associated analyses that assess alternatives to achieve water conservation;

(o)

Data collection and analyses related to the preparation of seasonally varying flow as prescribed in rules of the Water Resources Commission;

(p)

Analyses associated with evaluating the safety of existing dams and evaluating actions to address safety deficiencies related to existing dams; and

(q)

Analyses of impacts of a project on environmental justice or disproportionately impacted communities and ways to minimize impacts on environmental justice or disproportionately impacted communities.

(2)

If a study concerns a proposed storage project that would impound surface water on a perennial stream, divert water from a stream that supports sensitive, threatened or endangered fish or divert more than 500 acre-feet of surface water annually, a grant or direct services payment may be provided only if the study contains:

(a)

Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of the storage project on those flows;

(b)

(c)

Analyses of environmental harm or impacts from the proposed storage project;

(d)

Evaluation of the need for and feasibility of using stored water to augment in-stream flows to conserve, maintain and enhance aquatic life, fish life and any other ecological values; and

(e)

For a proposed storage project that is for municipal use, analysis of local and regional water demand and the proposed storage project’s relationship to existing and planned water supply projects.

Note: See note under 541.561.