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
B-Engrossed
Senate Bill 820
Ordered by the House May 20
Including Senate Amendments dated May 7 and House Amendments
dated
May 20
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.
Specifies that Legislative Assembly reserves 250,000 acre-feet
of { + Upper + } Columbia River mainstem water for future
economic development. { + Reserves additional amount of annual
flow of water for project to exchange Upper Columbia River
mainstem water to help restore streamflows in Umatilla River. + }
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 { + Upper + } Columbia River mainstem water not
included in reservation from future appropriation.
{ + Sunsets January 2, 2006. + }
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 Upper 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 Upper 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 Upper 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 Upper Columbia River mainstem. This amount of water is
intended to represent approximately one percent of the average
annual flow of the Upper 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
Upper 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 the annual flow of the water in the Upper 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. The
Legislative Assembly further reserves an additional amount of the
annual flow of the water in the Upper Columbia River mainstem for
implementation of a project to exchange waters from the Upper
Columbia River mainstem in order to help restore streamflows in
the Umatilla River.
(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 Upper
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 Upper Columbia
River mainstem concerning possible mitigation actions required to
demonstrate compliance with the federal Endangered Species Act.
(6) The water of the Upper 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 Upper 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 and
shall describe the status of state and federal efforts to address
affected tribal water needs and claims to water based on
treaties. 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, federal agencies, the Pacific
Northwest Electric Power and Conservation Planning Council 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 withdrawal 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. { + Sections 1 to 6 of this 2003 Act are repealed
January 2, 2006. + }
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