(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:\n(a) Impounds surface water on a perennial stream;\n(b) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or\n(c) Diverts more than 500 acre-feet of water annually.\n(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.\n(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]\nNote:\nSee note under 541.651.
Oregon Legal Code