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 2083
House Bill 3768
Sponsored by Representative LEE (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.
Modifies requirements for water districts seeking to
temporarily transfer water uses subject to transfer within
district. Allows transfer for one irrigation season only. Imposes
criminal penalties on persons continuing use without approval of
transfer from Water Resources Department.
A BILL FOR AN ACT
Relating to transfers of water uses; creating new provisions; and
amending ORS 540.505, 540.570 and 540.990.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 540.505 is amended to read:
540.505. As used in ORS 540.505 to 540.580:
(1) 'District' means an irrigation district formed under ORS
chapter 545, a drainage district formed under ORS chapter 547, a
water improvement district formed under ORS chapter 552, a water
control district formed under ORS chapter 553 or a corporation
organized under ORS chapter 554.
(2) 'Primary water right' means the water right designated by
the Water Resources Commission as the principal water supply for
the authorized use, or if no designation has been made, the water
right designated by the applicant as the principal water supply
for the authorized use.
(3) 'Supplemental water right or permit' means an additional
appropriation of water to make up a deficiency in supply from an
existing water right. A supplemental water right or permit is
used in conjunction with a primary water right.
(4) 'Water use subject to transfer' means a water use
established by:
(a) An adjudication under ORS chapter 539 as evidenced by
{ + an order of determination or + } a court decree;
(b) A water right certificate;
(c) A water use permit for which a request for issuance of a
water right certificate under ORS 537.250 has been received and
approved by the Water Resources Commission under ORS 537.250; or
(d) A transfer application for which an order approving the
change has been issued under ORS 540.530 and for which proper
proof of completion of the change has been filed with the Water
Resources Commission.
SECTION 2. ORS 540.570 is amended to read:
540.570. (1) { - Upon compliance with subsection (2) of this
section, - } A district { + with a manager + } may { + , for
one irrigation season, + } temporarily transfer the place of use
of water appurtenant to any land within the legal boundaries of
the district, to an equal acreage elsewhere within the legal
boundaries of that district { + , provided that the proposed
transfer complies with all of the following provisions:
(a) The rate and duty and the total number of acres to which
water will be applied under the transfer do not exceed existing
limits on the water use subject to transfer;
(b) The use authorized under the water use subject to transfer
remains the same;
(c) The change in place of use will not result in injury to any
existing water right; and
(d) The land from which the place of use is removed by the
transfer shall receive no water under the transferred use + }.
{ - (2) When a district or an owner or an owner's agent
within a district who is subject to the charges or assessments of
the district wishes to use water on alternate acreage within the
district, if the district has approved the owner's request, the
district shall notify the Water Resources Department of that
intent at least 60 days before the beginning of irrigation
deliveries for the season or March 1, whichever is earlier. The
notice shall contain a statement that each landowner affected by
a temporary transfer has authorized the transfer in a writing on
file with the district. - }
{ - (3) The department may deny the request to use water on
the alternate acreage if such use would interfere with existing
water rights or result in enlargement of the water right. If the
department fails to deny the request to use water on alternate
acreage within 60 days after receipt of the request, the
department's approval shall be considered to have been
granted. - }
{ - (4) The Water Resources Commission by rule may require
that a district maintain or submit documentary evidence,
including maps, of the lands from which and to which water is to
be applied temporarily under this section. - }
{ - (5) A temporary transfer may be approved under this
section for a period not to exceed five years. - } { +
(2) A district seeking a temporary transfer under this section
shall submit a petition to the Water Resources Department. The
petition may be submitted prior to or after the change in the
place of use, but in no circumstances may be submitted later than
the end of the calendar year in which the change occurs. The
petition may contain one or more transfers within the same
document and shall:
(a) Include the information required under ORS 540.574 (3),
except for the statement that a notice under ORS 540.572 (2) has
been given;
(b) Be accompanied by a map in a form satisfactory to the
department and certified by the district. If the water right is
on a tract of land of five acres or less, the assessor's tax map
with a notation of the acres of water right shall be sufficient
for identification of the tract and place of use;
(c) Include a statement that each landowner affected by a
temporary transfer has authorized the transfer in a writing that
is on file with the district;
(d) Include any other information required by rules of the
Water Resources Commission; and
(e) Include the fee required under ORS 536.050 (1)(i) for a
change in the place of use.
(3) The district shall notify each affected landowner that the
department may reject the transfer or may require mitigation to
avoid injury to other water rights.
(4) Continued use by a landowner after notification of
departmental rejection is subject to penalty under ORS
540.990. + }
{ - (6) - } { + (5) + } The department may condition or
revoke a temporary transfer at any time to the extent necessary
to avoid injury if the department finds the transfer is causing
injury to an existing water right.
{ - (7) - } { + (6) + } Upon expiration of the temporary
transfer period, all uses of water for which a temporary transfer
is allowed under this section shall revert automatically to the
terms and conditions of the original water right permit,
certificate or an adjudication { - proceeding - } under ORS
chapter 539 as evidenced by { + an order of determination or + }
a court decree.
{ - (8) - } { + (7) + } The time during which water is used
under an approved temporary transfer order shall not apply toward
a finding of forfeiture under ORS 540.610.
SECTION 3. ORS 540.990 is amended to read:
540.990. (1) Violation of any provision of ORS 540.440 is
punishable, upon conviction, by a fine of not less than $25 nor
more than $150, together with the costs and disbursements of the
action, and in default of the payment of the fine and costs, by
confinement in the county jail one day for each $2 thereof.
Justice courts shall have concurrent jurisdiction with the
circuit courts in the trial of all proceedings under this
subsection.
(2) Violation of any provision of ORS { + 540.570 (4), + }
540.710, 540.720 or 540.730, or 540.370 (2), is punishable, upon
conviction, by a fine of not less than $10 nor more than $250, or
by imprisonment in the county jail for not more than six months,
or both. Justice courts shall have concurrent jurisdiction with
the circuit courts in the trial of all violations under this
subsection.
SECTION 4. { + The amendments to ORS 540.505, 540.570 and
504.990 by sections 1 to 3 of this 2001 Act apply to petitions
for temporary transfer of water use subject to transfer submitted
on or after the effective date of this 2001 Act. + }
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