71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2184
 
LC 998/HB 2184-5
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2184
 
     By COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
 
                             May 18
 
  On page 1 of the printed bill, line 2, delete 'appropriating
money' and insert 'declaring an emergency'.
  Delete lines 4 through 30 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 and 3 of this 2001 Act
are added to and made a part of ORS 537.505 to 537.795. + }
  '  { +  SECTION 2. + }  { + (1) The Water Resources Commission
may by rule establish a system of credits that may be used to
offset the potential interference with hydraulically connected
surface waters caused by ground water withdrawals within the
Deschutes River Basin to account for projects performed in the
basin that make water available for mitigation.
  ' (2) A person proposing a project that makes water available
for mitigation may apply to the Water Resources Department for
approval of the project and a preliminary finding as to the
amount of mitigation credits available, based on the amount of
water made available by the project. Projects approved by the
department shall comply with all other applicable provisions of
law, including relevant portions of ORS 390.835, and may not
result in injury to existing water rights.
  ' (3)(a) The amount of mitigation credits awarded for a
completed project, or any completed phase of the project, shall
be equal to the amount of water made available by the project as
determined and approved by the department.
  ' (b) A final award of mitigation credits by the department
shall be made upon completion of the approved project by the
applicant and verification by the department that the project is
complete. The department may provide for a partial award of
mitigation credits to correspond with completion of approved
phases of project implementation.
  ' (c) Mitigation credits shall remain valid until exercised by
the holder.
  ' (4) The commission may by rule provide for the recognition or
establishment of mitigation banks to facilitate transactions
among the holders of mitigation credits and persons who desire to
acquire mitigation credits. The mitigation credits may be
assigned by the person creating the project to another person or
a mitigation bank. + }
  '  { +  SECTION 3. + }  { + The Water Resources Department
shall prepare an annual report on the implementation and
management of the system of mitigation credits established by
section 2 of this 2001 Act. + }
  '  { +  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. + } ' .
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