ORS 541.681: Conditions of grants for developing certain types of above-ground storage facilities.

(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:

      (a) Impounds surface water on a perennial stream;

      (b) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or

      (c) Diverts more than 500 acre-feet of water annually.

      (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.

      (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.