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 2622
 
                           B-Engrossed
 
                         Senate Bill 590
                   Ordered by the House May 27
  Including Senate Amendments dated May 2 and House Amendments
                              dated
                             May 27
 
Sponsored by Senator MESSERLE (at the request of Water for Life)
 
 
                             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.
 
  Requires Water Resources Commission to initiate proceedings for
cancellation of water right within   { - 270 - }   { + 180 + }
days of submission to commission of evidence of water right
forfeiture.
 
                        A BILL FOR AN ACT
Relating to water rights; creating new provisions; and amending
  ORS 540.631.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 540.631 is amended to read:
  540.631. Whenever it appears to the satisfaction of the Water
Resources Commission upon the commission's own determination
 { - or upon evidence submitted to the commission by any person
that - }  { + , or within 180 days of the submission by any
person of the evidence required by the commission, that + } a
perfected and developed water right has been forfeited as
provided in ORS 540.610 (1), and would not be rebutted under ORS
540.610 (2), the commission shall initiate proceedings for the
cancellation of such water right by causing written notice of
such initiation of proceedings to be given by registered or
certified mail, return receipt requested, to the legal owner of
the lands to which the water right is appurtenant and to the
occupant of such lands. The notice to the legal owner shall be
addressed to the legal owner at the owner's last address of
record in the office of the county assessor of the county in
which the lands are located. The notice shall contain a complete
description of the water right and of the lands to which the
water right is appurtenant. The notice shall state that the legal
owner or the occupant has a period of 60 days from the date of
the mailing of the notice within which to protest the proposed
cancellation of the water right.
  SECTION 2.  { + The amendments to ORS 540.631 by section 1 of
this 2003 Act apply to determinations made by the Water Resources
Commission or evidence of a forfeiture of a water right submitted
to the commission on or after the effective date of this 2003
Act. + }
                         ----------