Conditions of grants for developing certain types of above-ground storage facilities
(1) The recipient of a grant from the Water Supply Development Account must agree to the condition set forth in subsection (2) of this section if the grant is for the development of a new or expanded above-ground storage facility that:
(a) Impounds surface water on a perennial stream;
(b) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or
(c) Diverts more than 500 acre-feet of water annually.
(2) Twenty-five percent of the newly developed water from a project described in subsection (1) of this section must be dedicated to in-stream use.
(3) To establish that a project complies with subsection (2) of this section, the grant recipient may include water dedicated to in-stream use as a result of the conditions of federal, state or local permits for the project. [2013 c.784 §10]
Note: See note under 541.651 (Definitions for ORS 541.651 to 541.696).
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