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 3762
 
                         Senate Bill 869
 
Sponsored by Senator NELSON; Representative JENSON (at the
  request of City of Pendleton)
 
 
                             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.
 
  Grants City of Pendleton exclusive water right to all water of
north fork of Umatilla River.
 
                        A BILL FOR 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  { + water + } 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 - }  { +
granted water right + }, 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 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.
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