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 3052
A-Engrossed
House Bill 3298
Ordered by the House May 14
Including House Amendments dated May 14
Sponsored by Representative FLORES; Representative KRUSE
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.
Defines owner { + or holder + } for purposes of
{ + certain + } water { - right - } { + rights + }.
Specifies that owner { + or holder + } of water right is person
who { - holds water right and owns - } { + has title in fee
to + } land to which right is appurtenant.
A BILL FOR AN ACT
Relating to water rights; creating new provisions; and amending
ORS 536.007.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 536.007 is amended to read:
536.007. As used in ORS { - 196.600 to 196.905, - } 541.010
to 541.320 and 541.430 to 541.545, 541.700 to 541.990 and ORS
chapters 536 to 540, 542 and 543:
(1) 'Commission' means the Water Resources Commission.
(2) 'Department' means the Water Resources Department.
(3) 'Director' means the Water Resources Director.
(4) 'Existing right' or 'vested right' or words of similar
import include an inchoate right to the use of water to the
fullest extent that the right is recognized, defined or declared
by the commission, the director or any court within this state.
(5) 'Order' has the meaning given in ORS 183.310.
{ + (6) 'Owner' or 'holder,' when used to refer to an owner
or holder of a water right for irrigation use within a district
formed under ORS chapter 545, 552, 553 or 554 or within a United
States Bureau of Reclamation project, means the person who has
title in fee to the appurtenant property described by the water
right. + }
{ - (6) - } { + (7) + } 'Person' includes individuals,
corporations, associations, firms, partnerships, joint stock
companies, public and municipal corporations, political
subdivisions, the state and any agencies thereof, and the federal
government and any agencies thereof.
{ - (7) - } { + (8) + } 'Public corporation' includes any
city, county or district organized for public purposes.
{ - (8) - } { + (9) + } 'Rule' has the meaning given in ORS
183.310.
{ - (9) - } { + (10) + } 'State agency' includes any
office, board, commission or department of a state government.
{ - (10) - } { + (11) + } 'State water resources policy'
means the water resources policy provided for in ORS 536.295 to
536.350 and 537.505 to 537.534.
{ - (11) - } { + (12) + } 'Undetermined vested right' means
a water right claimed under ORS 539.010 as having vested or as
having been initiated before February 24, 1909, that has not been
determined in an adjudication proceeding under ORS chapter 539
nor is evidenced by a permit or certificate issued under the
Water Rights Act.
{ - (12) - } { + (13) + } 'Waters of this state' means any
surface or ground waters located within or without this state and
over which this state has sole or concurrent jurisdiction.
{ - (13) - } { + (14) + } 'Water resources of this state'
means waters of this state and the following auxiliary lands
whose usage directly affects the development and control of the
waters of this state:
(a) Potential reservoir sites.
(b) Flood-plain areas forming the predictable channels of
flood-water drainage of rivers and streams.
SECTION 2. { + Nothing in the amendments to ORS 536.007 by
section 1 of this 2003 Act shall be construed to limit any
responsibility of a district formed under ORS chapter 545, 552,
553 or 554 or within a United States Bureau of Reclamation
project to deliver water to patrons, members, subscribers or
other water users of the district. + }
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