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 2699
 
                           A-Engrossed
 
                         Senate Bill 644
                   Ordered by the Senate May 2
             Including Senate Amendments dated May 2
 
Sponsored by Senator R BEYER
 
 
                             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.
 
    { - Prohibits transfer of water rights for agricultural use
to nonagricultural use. Requires Water Resources Commission or
Water Resources Director to determine whether water is available
for appropriation by determining whether water is available for
demands 50 percent of time. - }
   { +  Permits Water Resources Commission to establish, by rule,
expedited notice and waiting period requirements for substitution
of supplemental ground water right for primary water right during
drought. Allows water right holder to enter into option or
agreement, at any time prior to declaration of drought emergency,
to use existing permit or right during certain drought periods.
Provides that, after approval of option or agreement by
commission, holder of option or agreement may use transferred
right to replace water not available to holder because of
drought.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to water rights; amending ORS 536.750 and 536.770; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  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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