Primary Mitigation Project Tools

To date, two types of projects have been used to establish mitigation.  Those are permanent instream transfers and instream leases.  However, instream leases (and time-limited instream transfers) may only be used by a chartered Mitigation Bank to develop mitigation water/credits.  Currently, the Deschutes River Conservancy Mitigation Bank is the only Mitigation Bank in the Deschutes Groundwater Study Area authorized to establish, hold, and convey mitigation credits based on instream leases.

A permanent instream transfer of an existing surface water right to instream use may be used to establish mitigation water/credits.  A groundwater permit applicant may propose their own instream transfer to be used as mitigation for their specific groundwater permit application or they may obtain mitigation credits from another party that has already completed an instream transfer resulting in mitigation credits.  This type of mitigation project must result in mitigation water/credits available within the zone of impact required for the groundwater permit application.  More information about the review process for an instream transfer may be found on the Department’s Instream Transfer web page.

For information on availability of mitigation credits within your zone of impact, please contact the Department or go to our Data Requests and Queries page.

Mitigation Banks are the only entity that may establish, hold and convey mitigation credits based on instream leases.  Currently, the Deschutes River Conservancy Mitigation Bank is the only mitigation bank authorized to establish and convey mitigation credits based on instream leases.  Mitigation Credits based on instream leases are temporary and, if being used for mitigation purposes, must be secured annually by the permit applicant/holder from the Deschutes River Conservancy Mitigation Bank.  Failure to continue to provide mitigation annually will result in regulation of the groundwater use, proposed denial of any permit extension application, and proposed cancellation of the associated groundwater permit.

You may contact the Deschutes River Conservancy Mitigation Bank for more information about the availability of mitigation credits in your zone of impact, pricing information, and annual requirements.