The Oregon Administrative Rules contain OARs filed through April 15, 2017








The Board shall provide grants, as funds are available, for watershed projects that protect or restore watershed functions.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05



(1) "Affected City and County" means any city or county within which all or part of a watershed enhancement project funded by the Board would be located.

(2) "Maintenance" means those activities and actions necessary to sustain the useful life of a constructed watershed improvement. Maintenance does not include those activities necessary to establish the improvement.

(3) "Non-Structural Methods" are those that rely on strategies other than the creation and installation of permanent structures, except livestock fencing, to meet the project goals.

(4) "Watershed Restoration Project" means a project that involves an on-the-ground element such as: riparian planting, fish habitat construction, wetland restoration, livestock grazing plans, water conservation projects utilizing the state Conserved Water Program, etc.

(5) "Watershed Function" means the hydrologic and geomorphic processes that support a healthy watershed ecosystem.

(6) "Watershed Health" means the condition of a watershed as measured by the ability of the watershed to capture, store and release water, and transport sediment and nutrients in order to provide clean water, high quality fish and wildlife habitat, and adequate streamflows to support instream uses.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05


Watershed Restoration Priorities

For grant applications to be funded by the Watershed Conservation Grant Fund, the following preferences will apply:

(1) Projects that address altered watershed functions affecting water quality, water flow volume and duration, and the production capacity for fish over projects that address site-specific land use problems where the greatest benefit is to a private resource or land.

(2) Projects that include removal or remediation of human-caused alterations (roads, culverts, channelization, etc.) to improve water quality and/or fish habitat over projects that enhance naturally functioning systems.

(3) Projects that change land management practices to address the causes of chronic disturbances to the watershed over projects that address only symptoms of disturbance.

(4) Projects with direct evidence of collaboration between stakeholders and agencies over single-party projects.

(5) Projects focusing on upslope and upstream treatments over projects focusing on downslope and downstream treatments, unless the project addresses tidal-driven systems or addresses other specific issues (e.g. historic losses) that encompass whole watershed conditions.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 1-2011, f. & cert. ef. 10-18-11


Ineligible Project Types

The Board will not consider:

(1) A watershed improvement project that consists solely of construction of a water storage structure for an out-of-stream use not related to watershed restoration or protection; or

(2) A fish screening project eligible for funding through the Oregon Department of Fish and Wildlife's fish screening program; or

(3) A watershed improvement project constructed solely to comply with a state or federal agency enforcement order, legal judgment or mitigation requirement; or

(4) Routine project maintenance costs; or

(5) A water conservation project, unless there is a measurable instream flow benefit, groundwater benefit or water quality improvement.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05


Application Requirements

Applications must be submitted on the most current form prescribed by the Board. An explanation must accompany the application if any of the following information required under this section cannot be provided:

(1) Land use information from affected counties and cities as referenced in OAR chapter 695, division 50;

(2) A statement that required permits or licenses from federal, state, or local government will be applied for;

(3) A commitment from a state, federal or local agency to inspect the completed project work to ensure it complies with the funding requirements;

(4) A plan to monitor and evaluate project results including identification of responsible parties;

(5) A plan for operation and maintenance of the project for the projected life including identification of the responsible parties; and

(6) Additional information that will aid the Board in evaluating the project under OAR 695-010-0060.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05


Evaluation Criteria

(1) Project applications will be reviewed for compliance with the items in OAR 695-005-0030 and 695-010-0050.

(2) Watershed restoration projects funded from the Watershed Conservation Grant Fund must provide a public benefit by supporting improved:

(a) Water quality;

(b) Native fish or wildlife habitat; or

(c) Watershed or ecosystem function.

(3) Watershed restoration project proposals must meet the following criteria to be considered for funding by the Board:

(a) The project demonstrates sound principles of watershed management;

(b) The project uses methods adapted to the project locale;

(c) The project complies with state land use planning goals and is compatible with acknowledged comprehensive plans as required under ORS 197.180; and

(d) The project meets the requirements in the Oregon Aquatic Habitat Restoration and Enhancement Guide.

(4) Watershed restoration projects meeting the criteria established by subsection (1) above will be further evaluated on the basis of the extent to which the project:

(a) Is based on a watershed assessment or other analytical tool that identifies specific watershed health problems;

(b) Is part of a watershed action plan or other strategic plan that prioritizes subwatersheds or project types within subwatersheds;

(c) Clearly defines and addresses a watershed health problem or known limiting factors;

(d) Has clearly stated objectives and is likely to meet these;

(e) Will be implemented using a clearly defined method to address the problem;

(f) Provides educational opportunities or promotes public awareness of watershed enhancement benefits;

(g) Fits within the context of past and planned future restoration efforts in the watershed;

(h) Improves watershed function;

(i) Treats the causes of the identified problems, rather than treating symptoms;

(j) Encourages the use of non structural methods to enhance riparian areas and associated uplands;

(k) Includes funds or in-kind services from non-Board sources;

(l) Is proposed in the context of fish and wildlife species life stages, upland conditions and year-round watershed functions;

(m) Takes into consideration the quality of the watershed above and below the project area;

(n) Takes into consideration known potential future events that may affect the success of the project;

(o) Takes into consideration potential impacts to other properties and streams in the area;

(p) Is ready to be implemented; and

(q) Identifies and evaluates alternatives to address the identified problem.

(5) Watershed restoration projects shall also be evaluated based on the following administrative and fiscal criteria:

(a) The amount of the administrative costs relative to the project's fiscal management complexity;

(b) The applicant's past grant record with regard to timely project completeness, accounting and reporting as well as whether past projects were completed as proposed, using information provided by Board staff;

(c) The extent to which the personnel costs reflect the tasks involved in implementing the project;

(d) Whether the direct costs and match values reflect local market rates; and

(e) Whether the overall budget reflects the expected watershed health benefit.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 1-2011, f. & cert. ef. 10-18-11


Regional Review Process

(1) Prior to the regional review team meeting the regional review team:

(a) Shall receive each application, past evaluations for projects resubmitted in the current grant cycle, and an evaluation sheet to complete for each application;

(b) Is encouraged to visit proposed project sites to enhance the understanding of the proposal. Priority for visitations will be placed on acquisitions, complex projects, new types of projects and projects with a significant budget; and

(c) Shall read and score each application using the evaluation sheets provided. During this process, team members are encouraged to contact the applicants, Board staff, or other agency staff to clarify information in the application or to get expert review.

(2) At the regional review team meeting, the team shall:

(a) Review and evaluate each project individually based on how well the proposed project meets the criteria in 695-010-0060;

(b) Recommend the project as;

(A) Do fund;

(B) Do fund with conditions;

(C) Do not fund; or

(D) Defer to staff or the Board with an explanation, if there is a policy issue or budget issue that needs to be addressed by the Board prior to a funding decision; and

(c) Rank order all projects recommended for funding based on;

(A) How well the project meets the criteria established in 695-010-0030 and 695-010-0060;

(B) The certainty of success, based on the organizational capacity of the applicant and the likelihood the project will meet its ecological objectives;

(C) The benefit to the Oregon Plan for Salmon and Watersheds, as evidenced by its expected benefits to watershed functions, fish habitat or water quality; and

(D) The project costs relative to the anticipated watershed health benefits.

(3) The project description, summary evaluation and funding recommendation for all projects, and the rank order of projects recommended for funding shall be forwarded from the regional review team to Board staff for their consideration. This information will be sent to all applicants within a region for their region and for all regions to the Board.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05


Staff Funding Recommendation Process

(1) Prior to the finalization of a staff recommendation to the Board, the staff may meet with a Board subcommittee to discuss projects with major policy or budget issues that need to be resolved prior to a final Board decision.

(2) Staff shall review the recommendations from each regional review team and make a statewide funding recommendation to the Board based on available resources for the grant period and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be sent to applicants and members of the Regional Review Teams at least two weeks before the Board meeting where funding decisions are to be made.

(3) Applicants may provide written or oral comment to the Board on the staff recommendation prior to the Board decision.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05


Board Funding Decision

(1) The Board may fund a project in whole or in part.

(2) Projects not funded may be resubmitted during application submission periods prescribed by the Board.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05


Grant Agreement Conditions

(1) The Grantee must submit a report at completion of the project describing the work done and placing it in its larger watershed context.

(2) The Grantee will track the status of the project, and continue its maintenance, submitting periodic reports on a schedule set by the Board. All reports will be filed with the Board or at a location specified by the Board.

(3) The Grantee must agree to complete the project as approved by the Board and within the timeframe specified in the grant agreement unless proposed modifications are submitted and approved by the Director prior to the beginning of any work proposed in the modification.

(4) The Director will consider project modifications including expansion of funded projects with moneys remaining from the original project allocation if the purpose and intent of the amendment remains the same as the original project, the proposed activity is within the same watershed, and the modification would be compatible with acknowledged comprehensive plans.

(5) The Director may authorize minor changes within the scope of the original project plan.

(6) The Grantee will allow Board members or designated representatives access to the project area at a mutually agreeable time to monitor and evaluate the project.

(7) The Grantee must submit as part of their final report a completed Oregon Watershed Restoration Reporting form, using the most current form available on the OWEB website.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09


Waiver of Rules

The Director may waive the requirements of division 10, unless they are required by statute, for individual grants, when doing so will result in more efficient or effective implementation of the Board's grant program. Any waiver granted shall be in writing and included in the permanent file of the individual grant for which the waiver was granted.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.890 - 541.969
Hist.: OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09

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