Or. Admin. Code § 695-048-0030

Current through Register Vol. 64, No. 1, January 1, 2025

Section 695-048-0030 - Protective Instrument Requirements

(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).

Or. Admin. Code § 695-048-0030

OWEB 1-2024, adopt filed 07/26/2024, effective 8/1/2024

Statutory/Other Authority: ORS 448.370(7)

Statutes/Other Implemented: ORS 448.370 - 448.380