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 2546
A-Engrossed
Senate Bill 820
Ordered by the Senate May 7
Including Senate Amendments dated May 7
Sponsored by Senator NELSON
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.
{ - Allows persons to use water from Columbia River or
hydraulically connected unconfined aquifer for municipal,
irrigation or industrial uses without water right permit or water
right certificate. Specifies conditions of use. - }
{ + Specifies that Legislative Assembly reserves 250,000
acre-feet of Columbia River mainstem water for future economic
development. Specifies priority date of reservation is effective
date of Act. Directs Water Resources Department to consult with
affected state and federal agencies and affected Indian tribes
concerning effect of water withdrawal on threatened or endangered
species. Withdraws Columbia River mainstem water not included in
reservation from future appropriation. + }
A BILL FOR AN ACT
Relating to water.
Be It Enacted by the People of the State of Oregon:
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. + }
----------