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 4226
 
                           A-Engrossed
 
                         House Bill 3971
                   Ordered by the House May 25
             Including House Amendments dated May 25
 
Sponsored by Representative LEE; Representatives DINGFELDER,
  JENSON (at the request of Oregon Association of Nurserymen)
 
 
                             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.
 
    { - Allows Water Resources Commission to adopt rules
permitting commission, during times of moderate drought, to waive
certain hearing, notice and waiting period requirements related
to issuance of temporary water right permits and temporary
changes in water rights. - }
    { - Allows water right holder to purchase option or enter
into agreement to use existing permit or water right during
severe, continuing drought. Authorizes commission to adopt rules
allowing water right holder to purchase option or enter into
agreement to use existing permit or water right during times of
moderate drought. Allows waiver of notice and waiting requirement
for substitution of supplemental ground water source for primary
surface water source during severe, continuing drought or, after
adoption of rules by commission, during moderate drought. - }
   { +  Creates Water Conservation Incentives Task Force. Directs
task force to review water conservation incentives, identify
barriers to water conservation, develop recommendations regarding
technical assistance or water conservation incentives and report
to Legislative Assembly.
  Sunsets July 2, 2003.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to drought; appropriating money; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Legislative Assembly finds and declares
that:
  (a) Conservation and efficient utilization of water benefit all
water users, provide water to satisfy current and future needs
through reduction of consumptive waste, improve water quality by
reducing contaminated return flow, prevent erosion and allow
increased in-stream flow.
  (b) Water conservation is best achieved through:
  (A) The promotion of conservation, especially during times of
drought;
 
  (B) The encouragement of the highest and best use of water by
allowing the sale or lease of the right to the use of conserved
water; and
  (C) The encouragement of local cooperation and coordination in
development of conservation proposals to provide incentives for
increased efficiency and to improve streamflows.
  (2) As used in this section, 'efficient utilization' means use
without waste or methods used to meet both current and future
water needs at the least cost. + }
  SECTION 2.  { + (1) There is created the Water Conservation
Incentives Task Force with members to be appointed by the Water
Resources Director. Members shall include representatives of
large and small municipal water suppliers and water conservation
interests.
  (2) In performing its functions, the task force shall consider
the interests of large and small municipal water suppliers and
water conservation interests. The task force shall:
  (a) Review current incentives for water conservation including
residential and commercial rate structures;
  (b) Identify barriers to water conservation;
  (c) Develop recommendations regarding technical assistance or
incentives for water conservation; and
  (d) Report to the Seventy-second Legislative Assembly on its
conclusions and recommendations.
  (3) The Water Resources Department shall provide staff
necessary for the performance of the functions of the task force.
The task force shall use the services of permanent department
staff to the greatest extent practicable.
  (4) Members of the Legislative Assembly appointed to the task
force shall be entitled to an allowance as authorized by ORS
171.072 from funds appropriated to the Legislative Assembly.
Other members of the task force are entitled to compensation and
expenses as provided in ORS 292.495.
  (5) All agencies, departments and officers of this state are
directed to assist the task force in the performance of its
functions and to furnish such information and advice as the
members of the task force consider necessary to perform their
functions. + }
  SECTION 3.  { + To assist the Water Conservation Incentives
Task Force in implementing section 2 (2) of this 2001 Act, the
Water Resources Department may seek contributions of funds from
public and private entities. + }
  SECTION 4.  { + All moneys received by the Water Resources
Department under section 3 of this 2001 Act shall be paid into
the State Treasury and deposited in the General Fund to the
credit of the Water Resources Department. Such moneys are
appropriated continuously to the Water Resources Department for
the purposes of carrying out the provisions of section 2 of this
2001 Act. + }
  SECTION 5.  { + Sections 1 to 4 of this 2001 Act are repealed
on July 2, 2003. + }
  SECTION 6.  { + 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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