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 1816
 
                         Senate Bill 51
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Stream Restoration and Species Recovery)
 
 
                             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 State Department of Agriculture authority to require
landowners to perform actions affecting facilities on property
within water quality management plan area.
 
                        A BILL FOR AN ACT
Relating to water quality management plan; amending ORS 568.912.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 568.912 is amended to read:
  568.912. (1) The State Department of Agriculture in
consultation with the State Board of Agriculture may adopt rules
necessary to effectuate a water quality management plan initiated
under ORS 568.909.
  (2) The department may require any landowner whose land is
located within an area subject to a water quality management plan
to perform those actions on the landowner's land necessary to
carry out a water quality management plan. Such actions may
include:
  (a) Routine construction, maintenance and clearance of any
works   { - and facility - } ;
  (b) Agricultural and cropping practices; or
  (c) Any other measure or avoidance necessary for the prevention
or control of water pollution of the waters of the state.
  (3) No specific practice may be prohibited under this section
unless the department has a scientific basis for concluding that
the practice is a factor in causing water quality standards to be
exceeded.
  (4) A landowner subject to the requirements of a plan may
appeal specific actions required of that landowner by the
department to carry out a plan. The department shall establish by
rule a procedure and criteria for the appeal process.
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