72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 820
 
LC 2546/SB 820-5
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 820
 
               By COMMITTEE ON WATER AND LAND USE
 
                              May 7
 
  On page 1 of the printed bill, line 2, after 'water' insert a
period and delete the rest of the line.
  Delete lines 4 through 31 and delete pages 2 through 5 and
insert:
  '  { +  SECTION 1. + }  { + Sections 2, 3 and 4 of this 2003
Act are added to and made a part of ORS chapter 538. + }
  '  { +  SECTION 2. + }  { + The Legislative Assembly finds
that:
  ' (1) The Columbia River mainstem, that portion of the Columbia
River that forms the boundary of the States of Oregon and
Washington above the Bonneville Dam, is a vital resource of the
State of Oregon and the region.
  ' (2) Management and control of the Columbia River mainstem is
uniquely complex due to the jurisdictional and legal interests of
the State of Oregon, other states, the federal government and
Indian tribes with treaty rights.
  ' (3) The State of Oregon's jurisdiction in the Columbia River
mainstem includes, but is not limited to:
  ' (a) Allocation of water used or diverted within the state;
  ' (b) Authority to reserve water for future economic
development;
  ' (c) Protection, enhancement, management with tribal interests
and allocation of fishery resources; and
  ' (d) Support for the recovery of species protected under the
federal Endangered Species Act of 1973 (P.L. 93-205), as amended,
and under ORS 496.171 to 496.192.
  ' (4) Local governments, ports and potential water users have
requested a reservation of 1.42 million acre-feet of water from
the Columbia River mainstem. This amount of water is intended to
represent approximately one percent of the average annual flow of
the Columbia River mainstem at the Bonneville Dam.
  ' (5) Efforts to reconcile the multiple state interests in
water allocation and management and fisheries conservation and
management have been challenging to all entities involved. The
Legislative Assembly therefore seeks a more effective approach,
as set forth in this section and section 3 of this 2003 Act, for
addressing the following multiple state interests:
  ' (a) Promoting economic development that requires withdrawal
of water from the state's waterways;
  ' (b) Meeting conservation requirements to protect, restore and
enhance fish resources, including economically important
fisheries; and
  ' (c) Honoring tribal treaty rights.
  ' (6) The interim measure, as provided in section 3 of this
2003 Act, of reservation of water and withdrawal of water from
the Columbia River mainstem is intended to provide time for
further evaluation of the long-term needs for economic
development and in-stream flow purposes. + }
  '  { +  SECTION 3. + }  { + (1) The Legislative Assembly
reserves 250,000 acre-feet of water in the Columbia River
mainstem, that portion of the Columbia River that forms the
boundary of the States of Oregon and Washington above the
Bonneville Dam, for future economic development in Oregon.
  ' (2) The priority date of the reservation is the effective
date of this 2003 Act. The priority date for any water right
approved under the reservation is the effective date of this 2003
Act, or the date that a complete water right application is filed
with the Water Resources Department, whichever date is earlier.
  ' (3) Except as otherwise provided in this section,
applications for the use of water under the reservation shall be
received and processed by the department in the same manner as
all other water right applications, as provided under ORS 537.140
to 537.252 and related administrative rules.
  ' (4) In making the public interest determination described
under ORS 537.170, the department shall include findings
addressing the multiple state interests identified in section 2
of this 2003 Act. The department shall consult with and seek
coordinated input from the State Department of Fish and Wildlife,
affected Indian tribes and affected agencies of the federal
government concerning the potential effect of a withdrawal of
water from the Columbia River mainstem on species listed as
threatened or endangered under the federal Endangered Species Act
of 1973 (P.L. 93-205), as amended, or under ORS 496.171 to
496.192.
  ' (5) To the greatest extent possible, the State Department of
Fish and Wildlife shall consult with the appropriate federal
agencies and Indian tribes concerning recommendations for
compliance with the federal Endangered Species Act. The State
Department of Fish and Wildlife shall consult with any water
right applicant for withdrawal of water from the Columbia River
mainstem concerning possible mitigation actions required to
demonstrate compliance with the federal Endangered Species Act.
  ' (6) The water of the Columbia River mainstem that is not part
of this reservation is withdrawn from future appropriation. + }
  '  { +  SECTION 4. + }  { + As used in sections 2, 3 and 6 of
this 2003 Act, ' future economic development' includes all types
of proposed withdrawals of water, including but not limited to
municipal, industrial, commercial, domestic, irrigation,
agricultural and fishery-related projects such as the exchange of
water to promote flow restoration on tributary waters. + }
  '  { +  SECTION 5. + }  { + All water right applications for
withdrawal of water from the Columbia River mainstem, that
portion of the Columbia River that forms the boundary of the
States of Oregon and Washington above the Bonneville Dam, pending
before the Water Resources Department on, or filed after, the
effective date of this 2003 Act, shall be processed under the
reservation established pursuant to section 3 of this 2003
Act. + }
  '  { +  SECTION 6. + }  { + The Water Resources Department and
the State Department of Fish and Wildlife shall jointly report to
the Seventy-third Legislative Assembly regarding the
implementation of sections 2 and 3 of this 2003 Act. The report
shall include a list of the water right applications processed
under the reservation and the status or outcome of each
application. The Water Resources Department shall make a copy of
the report available to the Governor, the chairperson of the
Board of Trustees of the Confederated Tribes of the Umatilla
Indian Reservation and the chairperson of the Tribal Council of
the Confederated Tribes of the Warm Springs Reservation. In
preparing the report, the departments shall consult with affected
Indian tribes, local governments, ports and other interested
parties and develop recommendations concerning:
  ' (1) A long-term reservation of water for future economic
development to replace the reservation established in section 3
of this 2003 Act.
 
  ' (2) An in-stream water right or other measure to ensure
long-term protection of in-stream flows for public purposes to
replace the reservation established in section 3 of this 2003
Act.
  ' (3) Measures to improve coordination of regulatory
requirements related to water right permits under the federal
Endangered Species Act of 1973 (P.L. 93-205), as amended, and
under ORS 496.171 to 496.192 to reduce duplication and to clarify
and simplify the process for applicants seeking new water rights.
  ' (4) The advisability of pursuing an interstate compact
regarding the use of the waters in the Columbia River. + }
  '  { +  SECTION 7. + }  { + Section 6 of this 2003 Act is
repealed January 2, 2006. + } ' .
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