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
 
                           C-Engrossed
 
                         Senate Bill 590
                 Ordered by the House August 25
  Including Senate Amendments dated May 2 and House Amendments
                              dated
                      May 27 and August 25
 
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 180 days of submission to
commission of evidence of water right forfeiture.
   { +  Establishes presumption that owner of land to which water
right is appurtenant is owner of water right.
  Directs interim committees to review Oregon's water laws to
address issue of water right ownership. + }
 
                        A BILL FOR AN ACT
Relating to water rights; creating new provisions; and amending
  ORS 540.631.
  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,
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. + }
  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. + }
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