71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2712
 
Sponsored by Representative JENSON; Representative LEE (at the
  request of Water Resources Department)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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
 
 
Enrolled House Bill 2712 (HB 2712-A)                       Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by House March 28, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 7, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2712 (HB 2712-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2712 (HB 2712-A)                       Page 3