72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1412
 
                           A-Engrossed
 
                         House Bill 2551
                  Ordered by the House March 25
            Including House Amendments dated March 25
 
Sponsored by Representative MORGAN
 
 
                             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.
 
  Allows Water Resources Department to enter into agreements
setting fees for purpose of enabling department to provide faster
or more complete services. Specifies purposes to which fees paid
under agreements may be applied. Directs Water Resources
Department to review responsibilities of department to identify
services appropriate for completion by private parties.
 
                        A BILL FOR AN ACT
Relating to the Water Resources Department; and appropriating
  money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 536. + }
  SECTION 2.  { + (1) The Water Resources Department may, with
any person, enter into an agreement that sets fees to be paid to
the department for the purpose of enabling the department to
expedite or enhance the regulatory process to provide services
voluntarily requested under the agreement. Pursuant to the
agreement, the department may hire additional temporary staff
members, contract for services or provide additional services to
the person that are within the authority of the department to
provide.
  (2) Notwithstanding the fees established in ORS 536.050, as
part of an agreement entered into under this section, the
department may waive all or part of a fee imposed for a service.
  (3) The department may not modify existing processing
priorities or schedules or create processing priorities or
schedules for a particular department-provided service in order
to compel a person to enter into an agreement under this section.
However, without violating this subsection, the department may
modify its processing priorities or schedules based on the
overall operating needs of the department.
  (4) The department may not require that a person pay more for a
service under an agreement entered into under this section than
the cost to the department in providing the service to the
person.
  (5) The department shall review the responsibilities of the
department to identify services provided by the department that
are appropriate for the department to perform under the
provisions of this section. Failure to identify responsibilities
under this subsection does not prohibit the department from
entering into agreements under this section.
  (6) Fees paid under this section shall be deposited in the
State Treasury to the credit of the department. Such moneys are
continuously appropriated to the department for the purpose of
reviewing department responsibilities to determine those services
for which the authority provided in this section may be used and
for fulfilling the individual agreements entered into pursuant to
this section, including the processing and review of:
  (a) Water right permit applications, permit extensions, permit
amendments and final proof surveys;
  (b) Water right exchanges and transfers; and
  (c) Water management and conservation plans required by rule by
the department. + }
  SECTION 3.  { + The Water Resources Department shall complete
the review of responsibilities of the department required by
section 2 (5) of this 2003 Act no later than July 1, 2004. + }
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