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 2080
 
                         House Bill 2539
 
Sponsored by Representative LEE; Representative CLOSE (at the
  request of Oregon Water Resources Congress)
 
 
                             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 as
introduced.
 
  Requires Water Resources Commission to notify water district
and United States Bureau of Reclamation of potential water right
cancellation in certain cases. Allows water district to petition
commission for transfer of water right.
 
                        A BILL FOR AN ACT
Relating to transfer of water rights; creating new provisions;
  and amending ORS 540.621.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 540.621 is amended to read:
  540.621.  { + (1) + }   { - Whenever - }   { + If + } the owner
of a perfected and developed water right certifies under oath to
the Water Resources Commission that the water right has been
abandoned by the owner and that the owner desires cancellation
thereof, the commission shall { + :
  (a) + } Enter an order canceling the water right.   { +
  (b) Publish notice of the request to cancel the water right in
the weekly notice of the Water Resources Department.
  (2) + } Effective upon the date of the entering of
 { - such - }   { + a cancellation + } order, the water
 { - which - }  { +  that + } was the subject of use under the
water right shall revert to the public and become again the
subject of appropriation in the manner provided by law, subject
to existing priorities.
   { +  (3) Notwithstanding subsection (1) of this section, if
the owner of a perfected and developed water right seeks
cancellation for a water right that is appurtenant to land
located within a district as defined in ORS 540.505 or within a
United States Bureau of Reclamation project, the commission by
mail shall notify the district or the bureau of the proposed
cancellation and stay the cancellation for 30 days from the date
of the notice. + }
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS 540.505 to 540.580. + }
  SECTION 3. { +  (1) A district assessing lands for which
cancellation of an appurtenant water right is sought under ORS
540.621 shall have 30 days from the date of the notice of
cancellation mailed by the Water Resources Commission to petition
the commission for a transfer of the water right to the district
under ORS 540.574.
  (2) The commission shall review the petition submitted pursuant
to this section if:
  (a) The water right proposed for cancellation is a water use
subject to transfer as defined in ORS 540.505; and
  (b) The water right, as of the date of the petition, has not
already been abandoned by nonuse.
  (3) If a petition to transfer a water right has been filed
pursuant to this section, the commission may not issue an order
canceling the water right while the petition is pending. + }
  SECTION 4.  { + The amendments to ORS 540.621 by section 1 of
this 2001 Act apply to water rights for which cancellation is
sought on or after the effective date of this 2001 Act. + }
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