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 3053
 
                         House Bill 3295
 
Sponsored by Representative FLORES
 
 
                             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.
 
  Restricts how limited license to use or store water can be
issued by Water Resources Department. Provides that limited
license must be supplemental license only and may not be used in
conjunction with primary right.
 
                        A BILL FOR AN ACT
Relating to water rights under limited license; creating new
  provisions; and amending ORS 537.143.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 537.143 is amended to read:
  537.143. (1) Notwithstanding the provisions of ORS 537.130, the
Water Resources Commission may establish by rule a procedure to
allow a person to obtain a limited license to use or store ground
water not otherwise exempt under ORS 537.545, to use or store
surface water, to use stored water or to use stored water for
purposes for which the stored water is authorized and in
accordance with a contract with a local, state or federal
government after the person complies with the notice provisions
set forth in ORS 537.144. Uses eligible for a limited license
shall be for a short-term or fixed duration and may include but
are not limited to road construction and maintenance, general
construction and forestland or rangeland management. Except as
provided in subsections (4) to (6) and (9) of this section, the
use of water for a purpose specifically prohibited by a basin
program or for irrigation is not eligible for a limited license.
  (2) The use of water under a limited license under subsection
(1) of this section   { - shall - }   { + does + } not have
priority over any water right exercised according to a permit or
certificate and shall be subordinate to all other authorized uses
that rely upon the same source. The Water Resources Department
may revoke the right to use of water acquired under a limited
license pursuant to subsection (1) of this section at any time if
the use causes injury to:
  (a) Any other water right; or
  (b) A minimum perennial streamflow.
  (3) Except as provided in subsections (4), (5) and (11) of this
section, the licensee shall give notice to the Water Resources
Department at least 15 days in advance of using the water under
the limited license and shall maintain a record of use. The
record shall include but need not be limited to an estimate of
the amount of water used, the period of use and the categories of
beneficial use to which the water is applied. During the period
of the limited license, the record of use shall be available for
review by the department upon request.
  (4) The Water Resources Director may issue a limited license in
conjunction with an enforcement order to address an illegal water
use, including irrigation use or a use specifically prohibited by
a basin program. The director may issue a limited license for
such a use upon a finding that:
  (a) The person did not knowingly violate state laws regarding a
water use permit;
  (b) The immediate termination of the illegal use would cause
serious and undue hardship to the water user that could be
ameliorated by providing a period of time in which to achieve
compliance with the law; and
  (c) The continued use under a limited license outweighs the
public benefits of termination, including deterrence of illegal
uses and protection of the water source.
  (5) An enforcement order issued under subsection (4) of this
section shall specify an amount of time in which the person using
water illegally shall bring such use into compliance. The
duration of the limited license shall not exceed the duration of
time allowed in the enforcement order to achieve compliance. A
licensee using water under a limited license issued in
conjunction with an enforcement order need not provide the
department with advance notice of water use, but shall comply
with the other requirements of this section.
  (6) The director may issue a limited license for irrigation if
the sole purpose of the use is:
  (a) To provide water necessary to establish a crop for which no
further irrigation will be required after the crop is
established;
  (b) To mitigate the impacts of drought when additional water is
needed beyond a prescribed irrigation season in order to avoid
irreparable damage to the user's crop; or
  (c) Under a limited license issued pursuant to subsection (9)
of this section.
  (7) Nothing in this section is intended to prohibit any person
from obtaining a water right certificate under ORS 537.250 or
537.630 for any use for which a limited license is obtained under
this section.
  (8)   { - Except as provided in subsection (10) of this
section, - } The department may not issue a limited license { + :
  (a) + } For the same use for more than five consecutive
years { + , except as provided in subsection (10) of this
section;
  (b) Unless the limited license will be used only as a
supplemental right;
  (c) That allows a rate or duty in excess of the underlying
water right; or
  (d) That allows for use of the limited license at the same time
as the underlying water right + }.
  (9) Notwithstanding any other provision of this section, if the
use of water under the limited license is for the use of stored
water consistent with the purposes for which the stored water is
authorized and the use of water is authorized by a contract
between the user and a local, state or federal government:
  (a) The limited license may be issued for a period of up to one
year; and
  (b) The limited license shall be revoked if the contract
between the user and the local, state or federal government is
terminated for any reason.
  (10) At the end of the one-year limited license period in
subsection (9) of this section, the user may reapply for a
limited license under ORS 537.144 provided that there is an
authorized contract between the user and a local, state or
federal government.
  (11) The director may issue a limited license authorizing
immediate use of water if the director finds that an emergency
exists and the water is needed to protect the public health,
safety and welfare.   { - Notwithstanding subsection (8) of this
section, - }  The director may issue a limited license for such a
use for a period of 60 days.
  SECTION 2.  { + The amendments to ORS 537.143 by section 1 of
this 2003 Act apply to limited licenses issued on or after the
effective date of this 2003 Act. + }
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