72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to B-Eng. SB 590
 
LC 2622/SB 590-B7
 
                       HOUSE AMENDMENTS TO
                   B-ENGROSSED SENATE BILL 590
 
            By COMMITTEE ON RULES AND PUBLIC AFFAIRS
 
                            August 25
 
  After line 2 of the printed B-engrossed bill, insert:
  ' Whereas the right to apply water to a beneficial use on land
is a valuable property right; and
  ' Whereas it is the policy of the State of Oregon to reaffirm
that water is appurtenant to the land upon which it is
beneficially used; and
  ' Whereas it is the policy of the State of Oregon to determine
whether existing designated beneficial uses are appropriate for
use in this state and whether such beneficial uses should be
narrowed or modified; now, therefore,'.
  After line 20, insert:
  '  { +  SECTION 3. + }  { + Section 4 of this 2003 Act is added
to and made a part of ORS chapter 536. + }
  '  { +  SECTION 4. + }  { + In all administrative proceedings
conducted under ORS 183.310 to 183.550 and in all proceedings to
which the Oregon Evidence Code applies, as specified in ORS
40.015, where a question arises as to the ownership of a water
right for irrigation use that is appurtenant to land, there is a
presumption, as described in ORS 40.120, that the owner of the
land to which the water right is appurtenant is the owner of the
water right. + }
  '  { +  SECTION 5. + }  { + (1) The appropriate interim
committee of the Seventy-second Legislative Assembly is directed
to review the designated beneficial uses of water to determine
whether the uses are appropriate and whether such beneficial uses
should be modified or narrowed. The committee shall develop a
priority order of the designated beneficial uses in the state for
consideration by the Seventy-third Legislative Assembly.
  ' (2) The appropriate interim committees of the Seventy-second
and Seventy-third Legislative Assemblies shall review the
existing statutory framework, pertinent case law and history of
Oregon's water laws to develop a comprehensive policy
recommendation addressing the issue of water right ownership. In
performing the review, the committees may utilize the services of
the permanent legislative staff to the greatest extent
practicable. The appropriate interim committee of the
Seventy-third Legislative Assembly shall present its findings to
the Seventy-fourth Legislative Assembly. + }
  '  { +  SECTION 6. + }  { + Section 5 of this 2003 Act is
repealed on January 2, 2008. + } ' .
                         ----------