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 2240
A-Engrossed
House Bill 3309
Ordered by the House April 21
Including House Amendments dated April 21
Sponsored by Representative JENSON; Representatives FLORES,
SCHAUFLER, TOMEI (at the request of League of Oregon Cities)
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.
Changes percentage of water authorized by permit that
municipality may partially perfect without loss of priority or
cancellation of permit.
{ + Sets fees for examining municipal partial perfection
requests. + }
A BILL FOR AN ACT
Relating to water; amending ORS 536.050 and 537.260.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 537.260 is amended to read:
537.260. (1) Except as provided under subsection (4) of this
section for a permit issued to a municipality, whenever the time
within which any appropriation under a permit should have been
perfected has expired and the owner of the permit fails or
refuses within three months thereafter to submit to the Water
Resources Department proof of completion of the appropriation as
required by ORS 537.230 and 537.250, the department may, after 60
days' notice by registered mail or by certified mail with return
receipt, order the cancellation of the permit. The cancellation
shall have the same force and effect as cancellation of a permit
in the proceedings provided for in ORS 537.410 to 537.450.
(2) The department may determine the extent to which an
appropriation has been perfected under any permit at the time of
submission of final proof provided for in ORS 537.250, and shall
limit the certificate provided for in that section to a
description of such appropriation as has been actually perfected
to the extent that the water applied for has been actually
applied to the beneficial use contemplated in the permit.
(3) Any person owning an application, permit or water right
certificate subsequent in priority may jointly or severally
contest before the department the issuance of the water right
certificate at any time before it has issued, and after the time
has expired for the completion of the appropriation under the
permit, or within three months after issuance of the certificate.
The contest shall be brought upon application made, and hearing
shall be had in the same manner and after notice as provided in
ORS 537.420 for proceedings for cancellation of permits. The
department, in a final order, may cancel the permit or determine
the extent to which the appropriation claimed thereunder has been
perfected, and issue a water right certificate accordingly, or if
a certificate has been issued, in the case of a contest within
three months after its issuance, the department may cancel the
water right certificate, or affirm its issuance, and if the water
right certificate in such case is canceled, the permit upon which
it is based shall also be canceled.
(4) A municipality may partially perfect not less than
{ - 25 - } { + five + } percent of the water authorized by its
permit without loss of priority or cancellation of the
municipality's permit under this section. If a municipality
defers perfection of its water right under this section, the
department shall issue a certificate under ORS 537.250 only for
the amount perfected. Upon perfection of the deferred amount, the
municipality shall request a water right certificate for the
remaining portion of the water applied for in the original permit
application. { + A municipality must submit a fee in the amount
required by ORS 536.050 for all partial perfection requests under
this section. + } As used in this section, ' municipality'
includes a city, a port formed under ORS 777.005 to 777.725 and
777.915 to 777.953, a domestic water supply district formed under
ORS chapter 264 or a water authority formed under ORS chapter
450.
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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