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 3170
 
                         House Bill 3205
 
Sponsored by Representative GARRARD (at the request of Water for
  Life, Inc.)
 
 
                             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.
 
  Sets maximum amount of bond or letter of credit required to be
filed when staying operation of surface water right determination
of Water Resources Director. Allows damages against bond or
letter of credit when actual damages result from staying of
determination.
 
                        A BILL FOR AN ACT
Relating to water adjudications; amending ORS 539.180.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 539.180 is amended to read:
  539.180.  { + (1) + } At any time after the determination of
the Water Resources Director has been entered of record, the
operation thereof may be stayed in whole or in part by any party
by filing a bond or an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 in the circuit
court wherein the determination is pending, in such amount as the
judge may prescribe,   { - conditioned that the party will pay
all damages that may accrue by reason of the determination not
being enforced - }  { +  but in no case to exceed $25,000 + }.
   { +  (2) + } Upon the filing and approval of the bond or
letter of credit, the clerk of the circuit court shall transmit
to the Water Resources Department a certified copy of the bond or
letter of credit, which shall be recorded in the department
records, and the department shall give notice thereof to the
watermaster of the proper district.
   { +  (3) Upon a finding of actual damages resulting from the
staying of the determination under subsection (1) of this
section, the circuit court in which the determination is pending
may award damages against the bond or letter of credit in the
amount as initially prescribed by the judge. + }
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