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 2482
 
                         House Bill 2712
 
Sponsored by Representative JENSON (at the request of 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 as
introduced.
 
  Allows for split use leasing of in-stream water right under
certain circumstances during same water or calendar year.
 
                        A BILL FOR AN ACT
Relating to water rights; amending ORS 537.348.
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. + }
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