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 3763
 
                         Senate Bill 870
 
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.
 
  Directs Water Resources Commission to find that proposed change
in point of diversion can be effected without injury if all water
right holders affected by change consent to change.
 
                        A BILL FOR AN ACT
Relating to water rights; amending ORS 540.530.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 540.530 is amended to read:
  540.530. (1) { + (a) + } If, after hearing or examination, the
Water Resources Commission finds that the proposed change can be
effected without injury to existing water rights, the commission
shall make an order approving the transfer and fixing a time
limit within which the approved changes may be completed. The
time allowed by the Water Resources Commission for completion of
an authorized change   { - shall - }   { + may + } not be used
when computing a five-year period of nonuse under the provisions
of ORS 540.610 (1).
   { +  (b) If the application is to change the point of
diversion, the commission shall find that the proposed change can
be effected without injury to existing water rights if the
applicant includes, from every water right holder that may be
affected by the change, an affidavit consenting to the
change. + }
  (2)(a) If a certificate covering the water right has been
previously issued, the commission shall cancel the previous
certificate or, if for an irrigation district, the commission may
modify the previous certificate and, when proper proof of
completion of the authorized changes has been filed with the
commission, issue a new certificate or, if for an irrigation
district, modify the previous certificate, preserving the
previously established priority of rights and covering the
authorized changes. If only a portion of the water right covered
by the previous certificate is affected by the changes, a
separate new certificate may be issued to cover the unaffected
portion of the water right.
  (b) If the change authorized under subsection (1) of this
section is necessary to allow a change in a water right pursuant
to ORS 537.348, is necessary to complete a project funded under
ORS 541.375, or is approved by the State Department of Fish and
Wildlife as a change that will result in a net benefit to fish
and wildlife habitat, the Water Resources Department, at the
discretion of the Water Resources Director, may waive or assist
the applicant in satisfying any of the proof of completion
requirements of paragraph (a) of this subsection. The assistance
provided by the department may include, but need not be limited
to, development of a final proof survey map and claim of
beneficial use.
  (3) Upon receiving notification of the merger or consolidation
of municipal water supply entities, or the formation of a water
authority under ORS chapter 450, the commission shall cancel the
previous certificates of the entities replaced by the merger,
consolidation or formation and issue a new certificate to the
newly formed municipality or water authority. The new certificate
shall preserve the previously established priority of rights of
the replaced entities and shall allow beneficial use of the water
on any lands acquired in the merger, consolidation or formation.
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