71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2712
 
LC 2482/HB 2712-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2712
 
              By COMMITTEE ON WATER AND ENVIRONMENT
 
                            March 22
 
  In line 2 of the printed bill, after the semicolon insert '
creating new provisions;' and before the period insert '; and
declaring an emergency'.
  After line 23, insert:
  '  { +  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. + } ' .
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