71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 997
 
                           A-Engrossed
 
                         House Bill 2183
                 Ordered by the House January 24
           Including House Amendments dated January 24
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Water Resources Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Allows water right permit holder one year to file survey map if
denial of permit extension occurs after permit completion date
has passed. Forbids Water Resources Department from considering
construction or other work to perfect permit if construction or
other work is performed after permit completion date has passed.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to water right certification; creating new provisions;
  amending ORS 537.230; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 537.230 is amended to read:
  537.230. (1) The construction of any proposed irrigation or
other work shall be prosecuted with reasonable diligence and be
completed within a reasonable time, as fixed in the permit by the
Water Resources Department, not to exceed five years from the
date of approval.
  (2) Except as provided in ORS 537.240 or 537.248, the
department, for good cause shown, shall order and allow an
extension of time, including an extension beyond the five-year
limit established in subsection (1) of this section within which
irrigation or other works shall be completed or the right
perfected. In determining the extension, the department shall
give due weight to the considerations described under ORS 539.010
(5) and to whether other governmental requirements relating to
the project have significantly delayed completion of construction
or perfection of the right.
  (3) { + (a) + } Except as provided in subsection (4) of this
section and ORS 537.409, upon completion of beneficial use as
required under subsection (1) of this section, the permittee
shall hire a water right examiner certified under ORS 537.798 to
survey the appropriation.   { - Within one year after application
of water to a beneficial use or the beneficial use date allowed
in the permit, - }
 
 
   { +  (b) + } The permittee shall submit a map of the survey as
required by the Water Resources Department  { - , which - }
 { + :
  (A) Within one year after completion of beneficial use;
  (B) Within one year after the beneficial use completion date
allowed in the permit; or
  (C) If the department issues an order denying an extension
requested under subsection (2) of this section after the
completion date of the permit has passed, within one year after
the denial of the extension.
  (c) The survey + } shall accompany the request for a water
right certificate submitted to the department under ORS 537.250.
   { +  (d) + } If any property described in the permit is not
included in the request for a water right certificate, the
permittee shall state the identity of the record owner of that
property.
  (4) The Water Resources Director may waive the requirement
under subsection (3) of this section that a permittee hire a
water right examiner certified under ORS 537.798 if:
  (a) The permit is a supplemental water right that shares the
same distribution system and same place of use as the primary
water right; and
  (b) The department determines that there is sufficient
information in the records of the department to determine proof
of beneficial use.
  (5) Notwithstanding ORS 537.410, for purposes of obtaining a
water right certificate under ORS 537.250 for a supplemental
water right, the permittee shall have a facility capable of
handling the full rate and duty of water requested from the
supplemental source and be otherwise ready, willing and able to
use the amount of water requested, up to the amount of water
approved in the water right permit. To obtain a certificate for a
supplemental water right, the permittee is not required to have
actually used water from the supplemental source if:
  (a) Water was available from the source of the primary water
right and the primary water right was used pursuant to the terms
of the primary water right; or
  (b) The nonuse of water from the supplemental source occurred
during a period of time within which the exercise of the
supplemental water right permit was not necessary due to climatic
conditions.
   { +  (6) The department may not, in reviewing a request for a
water right certificate pursuant to ORS 537.250, consider any
construction or other work to perfect a permit occurring after
the permit completion date has passed unless the permittee
obtained an extension of time under subsection (2) of this
section. + }
  SECTION 2.  { + The amendments to ORS 537.230 by section 1 of
this 2001 Act apply to water right permits issued by the Water
Resources Department before, on or after the effective date of
this 2001 Act. + }
  SECTION 3.  { + 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. + }
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