72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3309
 
LC 2240/HB 3309-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3309
 
                      By COMMITTEE ON WATER
 
                            April 21
 
  On page 1 of the printed bill, line 2, after 'ORS' insert '
536.050 and'.
  On page 2, line 3, after the period insert 'A municipality must
submit a fee in the amount required by ORS 536.050 for all
partial perfection requests under this section.'.
  After line 5, insert:
  '  { +  SECTION 2. + } ORS 536.050 is amended to read:
  ' 536.050. (1) For applications filed after July 23, 1997, the
following fees shall be collected by the Water Resources
Department in advance:
  ' (a) Except as provided under ORS 543.280 for an application
for a hydroelectric project, for examining an application for a
permit to appropriate water, $250, plus $150 for the first
second-foot or fraction thereof, plus $75 for each additional
second-foot or fraction thereof.
  ' (b) For examining an application for a permit:
  ' (A) To store water under ORS 537.400 or 537.534 (4), $250,
plus $10 for the first acre-foot up to 10 acre-feet, plus $1 for
each additional acre-foot up to 1,000 acre-feet, plus 25 cents
for each additional acre-foot in excess of 1,000.
  ' (B) To exclusively appropriate stored water, $100, plus $10
for the first acre-foot up to 10 acre-feet, plus $1 for each
additional acre-foot up to 1,000 acre-feet, plus 25 cents for
each additional acre-foot in excess of 1,000.
  ' (c) For recording a permit to appropriate or store water,
$175.
  ' (d) For filing or recording any other water right instrument,
$25 for the first page and $5 for each additional page.
  ' (e) For copying records in the department, $2 for the first
page and 50 cents for each additional page.
  ' (f) For certifying to copies, documents, records, or maps,
$10 for each certificate.
  ' (g) For blueprint copy of any map or drawing, the actual cost
of the work.
  ' (h) For examining an application for approval of a change to
an existing water right, $200, plus $100 for each additional type
of change requested, plus, if a request for a change in place of
use or type of use or for a water exchange under ORS 540.533,
$100 for each second-foot or fraction thereof requested in
addition to the first second-foot.
  ' (i) For examining an application for a temporary change in
place of use under ORS 540.523 or 540.570, $100, plus:
  ' (A) For nonirrigation uses, $50 for each second-foot or
fraction thereof requested in addition to the first second-foot;
or
  ' (B) For irrigation uses, 25 cents per acre of land irrigated.
  ' (j) For submitting a protest under ORS 537.153, 537.621 or
543A.120, $200, reduced by the amount of any protest previously
paid toward the same application and for filing any other protest
with the department, $25.
  ' (k) For filing an application for extension of time within
which irrigation or other works shall be completed or the right
perfected, $100.
  ' (L) For a limited license under ORS 537.143 or 537.534 (2),
the fee established by rule by the Water Resources Commission.
  ' (m) For filing, examining and certifying a petition under ORS
541.329, $250 plus 10 cents per acre of water involved in the
application. For purposes of computing this fee, when any acreage
within a quarter quarter of a section is involved, the 10 cents
per acre shall apply to all acres in that quarter quarter of a
section.
  ' (n) For requesting standing under ORS 537.153 (5), 537.621
(6) or 543A.120, $50.
  ' (o) For participating in a contested case proceeding under
ORS 537.170 (2), 537.622 (2) or 543A.130, $150.
  ' (p) Except for an applicant, for obtaining a copy of both a
proposed final order and a copy of a final order for a water
right application under ORS 537.140 to 537.252, 537.505 to
537.795 or 543A.005 to 543A.300, $10.
  ' (q) For submitting an application for a water right permit
for a reservoir under ORS 537.409, $10 for each acre-foot, but
not more than $100 per application.
  ' (r) For submitting a notice of intent under ORS 543A.030 or
543A.075, the amount established by the director under ORS
543A.410.
  ' (s) For examining an application for a substitution made
under ORS 540.524, $100.
  '  { +  (t) For examining a municipal partial perfection
request under ORS 537.260, $500 for the first request and $250
for each subsequent request on the same permit. + }
  ' (2) Notwithstanding the fees established under subsection (1)
of this section, the commission may by rule establish examination
and permit fees lower than those under subsection (1) of this
section for:
  ' (a) The right to appropriate water for a storage project of
five acre-feet or less; or
  ' (b) The right to appropriate water for the purpose of
allowing the applicant to water livestock outside of a riparian
area. As used in this paragraph, 'riparian area' has the meaning
given that term in ORS 541.351.
  ' (3) Notwithstanding subsections (5) and (6) of this section,
if the Water Resources Director determines a refund of a fee paid
under this section is appropriate in the interest of fairness to
the public or necessary to correct an error of the department,
the director may refund all or part of a fee paid to the
department.
  ' (4) Notwithstanding subsections (5) and (6) of this section,
the Water Resources Director may waive all or part of a fee for a
change to a water right permit under ORS 537.211 (4) or a water
right subject to transfer under ORS 540.520 or 540.523, if the
change is made pursuant to ORS 537.348, is necessary to complete
a project funded under ORS 541.375, or is approved by the State
Department of Fish and Wildlife as a change that will result in a
net benefit to fish and wildlife habitat.
  ' (5) Except as provided in subsection (6) of this section, all
moneys received under subsection (1) of this section shall be
deposited in the Water Resources Department Operating Account and
credited to the Water Resources Department. Such moneys are
continuously appropriated to the Water Resources Department to
pay the department's expenses in administering and enforcing the
provisions of ORS chapters 536 to 543A.
  ' (6) All fees received for power purposes under ORS 543.280
shall be paid to the Water Resources Department Hydroelectric
Fund established in ORS 536.015.'.
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