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 2623
 
                         Senate Bill 499
 
Sponsored by Senator MESSERLE (at the request of Water for Life,
  Inc., Oregon Cattlemens Association, Oregon Farm Bureau
  Federation)
 
 
                             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.
 
  Creates Task Force on Water Rights Transfers. Establishes task
force membership and duties. Directs task force to define injury
and enlargement for purposes of water rights transfers.  Directs
task force to develop legislation for recommendation to
Seventy-third Legislative Assembly.
  Sunsets December 31, 2004.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the Task Force on Water Rights Transfers; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is created the Task Force on Water
Rights Transfers consisting of 11 members appointed as follows:
  (a) The President of the Senate shall appoint two members, one
member from each major political party, from among members of the
Senate.
  (b) The Speaker of the House of Representatives shall appoint
two members, one member from each major political party, from
among members of the House of Representatives.
  (c) The Governor shall appoint six members:
  (A) One member to represent farming.
  (B) One member to represent ranching.
  (C) One member to represent water banking.
  (D) One member to represent municipalities.
  (E) One member to represent irrigation districts.
  (F) One member to represent conservation and environmental
interests.
  (d) The Governor shall also appoint one member who is employed
by the State of Oregon to represent the Water Resources
Department.
  (2) The purpose of the task force is to study and make
recommendations on the laws governing the transfer of water
rights. Specifically, the task force shall:
  (a) Develop a statutory definition of 'injury' and of '
enlargement,' as those terms affect the issuance, transfer and
use of water rights.
  (b) Investigate how statutory changes to the water rights
transfer process may be made in a way that does not diminish
protections afforded to water rights holders, while at the same
time allowing persons to apply for and obtain a transfer of a
water right.
  (c) Develop legislation for recommendation to the Seventy-third
Legislative Assembly.
  (3) The task force is subject to the provisions of ORS 171.605
to 171.635 and has the authority contained in ORS 171.505 and
171.510.
  (4) The Water Resources Department shall provide staff support
to the task force. The department may, if necessary, provide a
qualified facilitator to assist the task force.
  (5) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
  (6) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  (7) Official action by the task force requires the approval of
a majority of the members of the task force.
  (8) The task force shall elect one of its members, from among
the four legislative members, to serve as chairperson.
  (9) The task force shall submit a report, including
recommendations for legislation and specific findings and
conclusions regarding the matters specified in subsection (2) of
this section, to the joint legislative committee established
under ORS 171.540 or an interim committee related to water policy
as appropriate, in the manner provided by ORS 192.245, no later
than October 1, 2004.
  (10) Notwithstanding ORS 171.072, members of the task force who
are members of the Legislative Assembly are not entitled to a per
diem for serving on the task force but may receive actual and
necessary travel expenses. All other members of the task force
are not entitled to compensation or reimbursement for expenses
and serve as volunteers on the task force. + }
  SECTION 2.  { + The members of the Task Force on Water Rights
Transfers shall be appointed no later than November 1, 2003. + }
  SECTION 3.  { + Sections 1 and 2 of this 2003 Act are repealed
on December 31, 2004. + }
  SECTION 4.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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