71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 644
 
LC 2699/SB 644-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 644
 
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
 
                              May 2
 
  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and insert '536.750 and 536.770; and declaring
an emergency.'.
  Delete lines 4 through 31 and delete pages 2 through 4 and
insert:
  '  { +  SECTION 1. + } ORS 536.750 is amended to read:
  ' 536.750. (1) Notwithstanding any provision of ORS chapters
536 to 543A, after a declaration that a severe, continuing
drought exists, the Water Resources Commission may:
  ' (a) Issue without first conducting a hearing under ORS
537.170, a temporary permit for an emergency use of water;
  ' (b) Allow a temporary change in use, place of use or point of
diversion of water without complying with the notice and waiting
requirements under ORS 540.520;
  ' (c) Notwithstanding the priority of water rights, grant
preference of use to rights for human consumption or stock
watering use;
  ' (d) Waive the notice requirements under ORS 537.753 and the
report required under ORS 537.762;   { - and - }
  ' (e) Allow a temporary exchange of water without giving notice
as required under ORS 540.535 { + ; and
  ' (f) Utilize an expedited notice and waiting requirement
established by rule for the substitution of a supplemental ground
water right for a primary water right under drought conditions in
place of the notice and waiting requirement provided in ORS
540.524 + }.
  ' (2) The commission by rule may establish procedures for
carrying out the provisions of this section and a schedule of
fees that must accompany a request under subsection (1) of this
section.
  '  { +  SECTION 2. + } ORS 536.770 is amended to read:
  ' 536.770. (1)   { - The Water Resources Commission, a local
government or public corporation - }   { + At any time prior to
the declaration of a drought emergency, any water right
holder + } may purchase an option or enter an agreement to use an
existing permit or water right, for   { - the purpose of
distribution for any beneficial - }  use during the time in which
a severe, continuing drought is declared to exist.   { - The
commission, local government or public corporation holding - }
 { + After approval of the option or agreement by the Water
Resources Commission, the holder of + } such an option or
agreement:
  ' (a) Is not required to construct any diversion or
appropriation facilities or works;
  ' (b) May use the water acquired under the option or agreement
on property or for a use different than allowed in the permit or
water right { +  transferred under the option or agreement + },
if the water is used to replace water not available to the
 { - local government or public corporation - }   { + holder + }
because of the drought; and
  ' (c) May begin use at any time after approval by the
commission so long as the total use by the water right or permit
holder and the option or agreement user is within the rate,
volume and seasonal limits of the permit or water right.
  ' (2) The   { - local government or public corporation - }
 { + water right holder + } proposing  { + to acquire + } the
option or agreement shall submit to the commission an application
accompanied by the fee required under ORS 536.050 (1)(a).
  '  { +  SECTION 3. + }  { + 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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