The Deschutes Groundwater Mitigation Program (Mitigation Program) was established to provide a set of tools for permit applicants proposing new groundwater uses within the Deschutes Groundwater Study Area (DGWSA) to mitigate for their impacts on surface water flows and obtain new groundwater permits.
The Mitigation Program has five basic elements:
- Requires mitigation for all new groundwater permits in the DGWSA;
- Identifies tools for providing mitigation water through either a mitigation project or by obtaining mitigation credits from a Mitigation Bank or another established mitigation project;
- Establishes a system of mitigation credits, which may be used to mitigate for new groundwater permits;
- Provides the process to establish mitigation banks; and
- Provides for adaptive management through annual evaluations and review of the Mitigation Program every five years.
The mitigation requirements of the Mitigation Program are applicable to anyone needing a new groundwater permit within the DGWSA. Please note that, mitigation must be secured for the life of the groundwater permit and subsequent certificate(s). Failure to maintain the source of mitigation, regardless of whether groundwater is being used or not, shall result in regulation of the groundwater use, proposed denial of a permit extension application, and proposed cancellation of the associated permit.
Mitigation may also be provided by holders of certain existing permits and associated certificates within the DGWSA. These existing permit and/or certificate holders are those with permits that:
- Were issued after July, 19, 1995;
- Have priority dates after April 19, 1991; and
- Are conditioned to allow for regulation of measurable reduction of a state scenic waterway.
These groundwater permit/certificate holders may choose to provide mitigation meeting the standards of the Mitigation Program administrative rules. If mitigation meeting the requirements of the Mitigation Program is provided and approved by the Department, these permit/certificate holders will not be subject to any future regulation for scenic waterway flows pursuant to
ORS 390.835(9).