72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 82
 
LC 1295/SB 82-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 82
 
               By COMMITTEE ON WATER AND LAND USE
 
                            April 24
 
  On page 2 of the printed bill, line 6, delete 'or licenses'.
  Delete lines 9 through 15 and insert:
  ' (b) Notwithstanding the permissive nature of the authority of
the division under paragraph (a) of this subsection, the State of
Oregon grants permission to occupy state-owned submersible lands
for the construction, maintenance and operation of any structure
or facility necessary for the use of water to a person holding a
water right permit, water right certificate, proposed or final
order approving a water right permit or court decree evidencing a
water right, if the proposed use under the permit, certificate,
order or decree is for irrigation or domestic use.  The division
may not charge for the permission granted under this paragraph,
nor may the division require written documentation to
substantiate the permission granted under this paragraph. Upon
request by the division, the Water Resources Department shall
provide information regarding any change of use of the water
right. The permission granted under this paragraph continues
until:
  ' (A) The permit is cancelled pursuant to ORS 537.260;
  ' (B) The water right is subject to forfeiture pursuant to ORS
540.610; or
  ' (C) The water is no longer being applied to irrigation or
domestic use.'.
  In line 16, delete 'license' and insert 'the permission'.
  After line 18, insert:
  ' (d) A person granted an easement or permission to use or
occupy state-owned submersible lands under this subsection shall
indemnify and hold harmless the state from all liability and
claims arising from or attributable to the use or occupation.'.
  In line 19, delete 'licenses' and insert 'the permission'.
  In line 22, delete 'or licensee'.
  In line 34, delete 'or licenses'.
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