Policy regarding conserved water allocations pursuant to ORS 537.455 to 537.500
This policy is adopted pursuant to Oregon Administrative Rule 690-018-0025.
1. Water conserved through conservation measures for which no new water rights are sought shall be used to reduce the District’s demand on Crescent Lake supplemental water. This conserved water will be allocated between District patrons proportionate to each patron’s share of water rights.
2. Water conserved through conservation measures for which new water rights are sought, shall be allocated as follows:
A minimum of 25% to instream use with the balance allocated proportional based on financial contribution to the Conservation measure. If there are public monies contributed, the percent of instream water allocated for the public benefit, shall include the 25% instream allocation required under the Conserved Water Statutes, ORS 537.455 to 537.500.
3. When the district adopts a water conservation project providing for conserved water, notice of the project and its adoption shall be given to all district patrons. The notice to the patrons shall indicate the project’s estimated cost per irrigated acre and allow the patrons thirty days from the date the notice is placed in the mail, postage pre-paid, for first class mail, to elect to fund their prorata share of the project and receive their prorata share of conserved water less any state mandated instream percentage of the conserved water. Notification to the District by the patron of the patron’s election to fund their prorata share of the water conservation project, shall be in writing and shall include a check to cover the costs estimated for the district patron’s prorata share of the project. If the project estimates are high then patron will upon completion of the project receive a refund. If the project estimate is low the patron will upon completion of the project pay the increased prorata costs.
4. District patrons shall have period of 60 days from the date of the adoption of this policy to petition for a vote by all district patrons on this policy. The petition for a vote shall be governed by the applicable statutes governing elections or recalls in the district.
5. District patrons shall have a period of 30 days from the date a conservation project is adopted by the Board of Directors within which to file a notice of an appeal requesting review by the Board of Directors for failure to follow this policy of the District in adopting the conservation project.
6. This policy shall be reviewed and updated by the Board of Directors of the district at least once every five years.
(a) Review/changes – December meeting
(b) Notice – January Newsletter
(c) Hearing February
(d) Hearing/Adoption March