Chapter 205 Oregon Laws 2001

AN ACT

HB 2712

Relating to water rights; creating new provisions; amending ORS 537.348; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 537.348 is amended to read:

537.348. (1) Any person may purchase or lease all or a portion of an existing water right [or portion thereof] or accept a gift of all or a portion of an existing water right [or portion thereof] for conversion to an in-stream water right. Any water right converted to an in-stream water right under this section shall retain the priority date of the water right purchased, leased or received as a gift. At the request of the person the Water Resources Commission shall issue a new certificate for the in-stream water right showing the original priority date of the purchased, gifted or leased water right. A person who transfers a water right by purchase, lease or gift under this subsection shall comply with the requirements for the transfer of a water right under ORS 540.505 to 540.580.

(2) Any person who has an existing water right may lease all or a portion of the existing water right [or portion thereof] for use as an in-stream water right for a specified period without the loss of the original priority date. During the term of such lease, the use of the water right as an in-stream water right shall be considered a beneficial use.

(3) A lease of all or a portion of an existing water right for use as an in-stream water right under subsection (2) of this section may allow the split use of the water between the existing water right and the in-stream right during the same water or calendar year provided:

(a) The uses are not concurrent; and

(b) The holders of the water rights measure and report to the Water Resources Department the use of the existing water right and the in-stream water right.

SECTION 2. ORS 537.348, as amended by section 1 of this 2001 Act, is amended to read:

537.348. (1) Any person may purchase or lease all or a portion of an existing water right or accept a gift of all or a portion of an existing water right for conversion to an in-stream water right. Any water right converted to an in-stream water right under this section shall retain the priority date of the water right purchased, leased or received as a gift. At the request of the person the Water Resources Commission shall issue a new certificate for the in-stream water right showing the original priority date of the purchased, gifted or leased water right. A person who transfers a water right by purchase, lease or gift under this subsection shall comply with the requirements for the transfer of a water right under ORS 540.505 to 540.580.

(2) Any person who has an existing water right may lease all or a portion of the existing water right for use as an in-stream water right for a specified period without the loss of the original priority date. During the term of such lease, the use of the water right as an in-stream water right shall be considered a beneficial use.

[(3) A lease of all or a portion of an existing water right for use as an in-stream water right under subsection (2) of this section may allow the split use of the water between the existing water right and the in-stream right during the same water or calendar year provided:]

[(a) The uses are not concurrent; and]

[(b) The holders of the water rights measure and report to the Water Resources Department the use of the existing water right and the in-stream water right.]

SECTION 3. The amendments to ORS 537.348 by section 2 of this 2001 Act become operative on January 2, 2008.

SECTION 4. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor May 25, 2001

Filed in the office of Secretary of State May 25, 2001

Effective date May 25, 2001

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