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 2561
 
                         House Bill 3216
 
Sponsored by Representative WESTLUND; Representative KNOPP,
  Senator CLARNO
 
 
                             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.
 
  Allows certain local governments to apply to Water Resources
Commission for permission to vary rate and duty of appropriation
over rate and duty specified in water right decree, certificate
or permit. Specifies conditions.
 
                        A BILL FOR AN ACT
Relating to water rights held by local governments.
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 540.505 to 540.580. + }
  SECTION 2.  { + (1) A local government defined in ORS 174.116
that holds a water right established by court decree, a water
right certificate or a water right permit may apply to the Water
Resources Commission for permission to vary the rate and duty of
the water right so that the rate and duty appropriated may
periodically exceed the rate and duty specified in the decree,
certificate or permit, if:
  (a) The water right is a surface, storage or ground water right
located within the Deschutes River Basin;
  (b) The total rate of actual usage by the local government does
not exceed the total rate and duty allowed under the decree,
certificate or permit; and
  (c) The local government has any conservation measures required
by rule of the commission in place at the time of variance.
  (2) A local government may apply for variance in the rate and
duty under this section among any combination of surface, storage
or ground water rights.
  (3) An application for variance must be accompanied by:
  (a) Any map, plan or information required by the commission;
and
  (b) Any fee required by the commission for the review of the
application.
  (4) After receipt of an application under this section, the
commission shall give notice of the application by publication in
a newspaper having general circulation in the area in which the
water uses are located at least once a week for at least three
successive weeks. The cost of providing the notice by publication
shall be paid in advance by the applicant to the commission.
  (5) The commission shall issue an order allowing the variance
unless the commission finds:
  (a) The variance would result in injury to any existing water
right;
  (b) The variance would be too difficult to administer;
  (c) The variance would adversely affect the public interest as
determined under ORS 537.170 (8); or
  (d) A sufficient quantity of water would not be available to
replace the water used under the variance.
  (6) The commission may condition the order in any manner that
the commission considers necessary to allow the variance. + }
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