71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 869
Sponsored by Senator NELSON; Representatives JENSON, LEE (at the
request of City of Pendleton)
CHAPTER ................
AN ACT
Relating to water rights; amending ORS 538.450.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 538.450 is amended to read:
538.450. (1) Subject to water rights existing on March 8, 1941,
there is granted to the City of Pendleton, Umatilla County, and
its water commission, the exclusive right to use for public or
municipal purposes or use, or for the general use and benefit of
people within or without the city, all waters of the north fork
of the Umatilla River, the springs at the head which form the
stream, and its tributaries to the confluence of the north fork
with the main stream of the Umatilla River in the northwest
quarter of section 22, township 3 north of range 37 east of the
Willamette Meridian, which north fork is a tributary of the
Umatilla River situated in Umatilla County.
(2) The City of Pendleton, its water commission, any of the
city's agents, agencies and officers, and others on its behalf,
may appropriate all such waters for these purposes and uses for
the benefit and use of the city, as above set forth, either by
the city in its own name, or by any of its agents, agencies or
officers or by any other persons on its behalf.
(3) No person shall appropriate or be granted a permit to the
use of any of such waters, except as provided in this section.
But the City of Pendleton may, under this grant, divert such
waters from their watershed and convey them to the city and
elsewhere for use by it for public or municipal purposes or use
or for the general use and benefit of people within or without
the city. All of such waters are withdrawn from future
appropriation, except for use and benefit of the city as set
forth in this section.
(4) { - Upon compliance with all of the provisions of ORS
540.520 except ORS 540.520 (2)(g), and with ORS 540.530, - } The
point of diversion of a water right granted under this section
may be { - changed to - } { + exercised at + } the main stem
of the Umatilla River situated in Umatilla County to a point not
below the westerly city limit of the City of Pendleton.
{ + (5) Prior to exercising the right granted under this
section, the City of Pendleton shall submit to the Water
Resources Department a notice of intent to exercise the right.
The notice of intent shall be made on a form prescribed by the
department and shall set forth:
(a) The name and mailing address of the applicant;
Enrolled Senate Bill 869 (SB 869-A) Page 1
(b) The source of the water supply including the name and
mailing address of any owner of the land upon which the source of
the water supply is located;
(c) The nature and the amount of the proposed use;
(d) The time within which construction of the right is proposed
to begin;
(e) The time required to complete construction of the right;
(f) The time required for the complete application of the water
to the proposed beneficial use;
(g) The point of diversion of the exercise of the right; and
(h) Any other information required by the department that is
necessary to understand the nature of the proposed project.
(6) Prior to submitting a notice of intent pursuant to
subsection (5) of this section, the City of Pendleton shall hold
a public meeting in the water basin in which the right is located
to discuss the proposed project and receive comments from the
public.
(7) Within 14 days after receiving a notice of intent submitted
pursuant to subsection (5) of this section, the department shall,
in the weekly notice published by the department, give public
notice of the submission of the notice of intent.
(8) The Confederated Tribes of the Umatilla Indian Reservation
and the City of Pendleton have entered into an agreement
addressing the development and use of the City of Pendleton's
water rights in the Umatilla River and the impact on tribal
interests from such development. The agreement includes
implementation of the minimum stream flow in the main stem of the
Umatilla River resulting from the exercise by the City of
Pendleton of its surface water right of the north fork of the
Umatilla River under this section. The City of Pendleton shall
exercise such right consistent with the agreement or successor
agreements between the City of Pendleton and the tribes provided
in this subsection. In no event will the City of Pendleton
exercise the right granted under this section so as to reduce
stream flows in the Umatilla River to be less than state
in-stream water rights for the Umatilla River existing as of the
effective date of this 2001 Act. + }
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Passed by Senate May 3, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 21, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 869 (SB 869-A) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 869 (SB 869-A) Page 3