Reassignment of Mitigation Credits

In general, once a mitigation credit has been assigned to a groundwater application, permit or certificate it is considered used and no longer valid.  However, under certain circumstances, permanent mitigation credits (for example, those established by permanent instream transfer) may be reassigned if:

• The groundwater permit application to which the credits were assigned is denied or withdrawn;
• The groundwater permit application to which the credits were assigned is amended and the mitigation obligation is reduced;
• The final order issued approving the groundwater permit application to which the credits were assigned expires.  Permit applicants have five years from the date the final order is issued to provide mitigation.  If mitigation is not provided within that five years, the final order expires and the permit application is no longer valid;
• The groundwater permit to which the credits were assigned is subsequently cancelled.
• The subsequent groundwater certificate is issued for less groundwater use than originally allowed under the groundwater permit and there is a corresponding reduction in mitigation obligation; or
• The subsequent groundwater certificate to which the credits were assigned is cancelled, or partially cancelled, resulting in a reduced mitigation obligation.

Holders of more than one municipal or quasi-municipal groundwater permits with mitigation requirements in the Deschutes Groundwater Study Area (DGWSA) also have another tool to reassign mitigation credits.  These permit holders may request to reassign credits form on such existing permit to another existing permit, provided that the reassignment is consistent with the requirements of the Mitigation Program rules, specifically OAR 690-505-0610(4).