72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
CCA to RC to D-Eng. SB 820
LC 2546/SB 820-D14
CONFERENCE COMMITTEE AMENDMENTS TO
RESOLVE CONFLICTS TO
D-ENGROSSED SENATE BILL 820
August 5
(No change in Measure Summary)
President Courtney:
Your Conference Committee to whom was referred D-engrossed
Senate Bill 820, having had the same under consideration,
respectfully reports it back with the recommendation that the
Senate concur in the House amendments dated May 20, July 1 and
July 11 and that the bill be amended as follows and repassed.
On page 5 of the printed D-engrossed bill, delete lines 42
through 45 and delete page 6.
On page 7, delete lines 1 through 30 and insert:
' { + SECTION 7. + } ORS 536.050, as amended by section 1,
chapter 594, Oregon Laws 2003 (Enrolled House Bill 2268), is
amended to read:
' 536.050. (1) The Water Resources Department may collect the
following fees in advance:
' (a) For examining an application for a permit:
' (A) To appropriate water, except as provided under ORS
543.280 for an application for a hydroelectric project:
' (i) A base fee of $300;
' (ii) $200 for the first second-foot or fraction thereof;
' (iii) $100 for each additional second-foot or fraction
thereof; and
' (iv) If appropriating stored water, $20 for the first
acre-foot or fraction thereof up to 10 acre-feet, plus $1 for
each additional acre-foot or fraction thereof.
' (B) To store water under ORS 537.400 or 537.534 (4):
' (i) A base fee of $300; and
' (ii) $20 for the first acre-foot or fraction thereof up to 10
acre-feet, plus $1 for each additional acre-foot or fraction
thereof.
' (C) To exclusively appropriate stored water:
' (i) A base fee of $150; and
' (ii) $15 for the first acre-foot or fraction thereof up to 10
acre-feet, plus $1 for each additional acre-foot or fraction
thereof.
' (b) For recording a permit to appropriate or store water,
$250.
' (c) For filing or recording any other water right instrument,
$25 for the first page and $5 for each additional page.
' (d) For copying records in the department, $2 for the first
page and 50 cents for each additional page.
' (e) For certifying copies, documents, records or maps, $10
for each certificate.
' (f) For a blueprint copy of any map or drawing, the actual
cost of the work.
' (g) For a computer-generated map, the actual cost of the
work.
' (h) For examining an application for approval of a change to
an existing water right or permit:
' (A) A base fee of $350;
' (B) $350 for each additional type of change requested; and
' (C) For a request for a change in place of use or type of use
or for a water exchange under ORS 540.533, $175 for each
second-foot or fraction thereof requested beyond the first
second-foot.
' { - (i) For examining an application for a temporary change
in place of use under ORS 540.523 or 540.570, a base fee of $175
and: - }
' { + (i) For examining an application for a temporary change
in place of use under ORS 540.523, for a temporary transfer under
section 6 of this 2003 Act or for a temporary change in place of
use, a change in the point of diversion to allow for the
appropriation of ground water or a change of a primary right to a
supplemental right under ORS 540.570, a base fee of $175 and: + }
' (A) For nonirrigation uses, $75 for each second-foot or
fraction thereof requested beyond the first second-foot; or
' (B) For irrigation uses, $1 per acre of land irrigated or, if
the application and required map are submitted to the department
in a department-approved digital format, 25 cents per acre of
land irrigated.
' (j) For submitting a protest to the department, $250.
' (k) For filing an application for extension of time within
which irrigation or other works shall be completed or a water
right perfected, $250.
' (L) For a limited license under ORS 537.143 or 537.534 (2),
the fee established by rule by the Water Resources Commission.
' (m) For filing, examining and certifying a petition under ORS
541.329, $250 plus 10 cents per acre of water involved in the
application. For purposes of computing this fee, when any acreage
within a quarter quarter of a section is involved, the 10 cents
per acre shall apply to all acres in that quarter quarter of a
section.
' (n) For requesting standing under ORS 537.153, 537.621 or
543A.120, $50.
' (o) For participating in a contested case proceeding under
ORS 537.170, 537.622 or 543A.130, $200.
' (p) Except for an applicant, for obtaining a copy of both a
proposed final order and a final order for a water right
application under ORS 537.140 to 537.252, 537.505 to 537.795 or
543A.005 to 543A.300, $10.
' (q) For examining an application to store water under ORS
537.409:
' (A) A base fee of $40; and
' (B) $10 for each acre-foot or fraction thereof, not to exceed
a total of $250.
' (r) For submitting a notice of intent under ORS 543A.030 or
543A.075, the amount established by the Water Resources Director
under ORS 543A.410.
' (s) For examining an application for a substitution made
under ORS 540.524, $250.
' (t) For examining an application for an allocation of
conserved water under ORS 537.455 to 537.500, $700.
' (u) For submitting a water management and conservation plan
pursuant to rules of the Water Resources Commission:
' (A) $250, if the plan is submitted by an agricultural water
supplier;
' (B) $500, if the plan is submitted by a municipal water
supplier serving a population of 1,000 or fewer persons; or
' (C) $1,000, if the plan is submitted by a municipal water
supplier serving a population of more than 1,000 persons.
' (v) For examining a new application for an in-stream water
right lease under ORS 537.348:
' (A) $200 for an application for a lease with four or more
landowners or four or more water rights; or
' (B) $100 for all other applications.
' (w) For examining an application for an in-stream water right
lease renewal, $50.
' (2) Notwithstanding the fees established under subsection (1)
of this section, the Water Resources Commission may establish
lower examination and permit fees by rule for:
' (a) The right to appropriate water for a storage project of
five acre-feet or less; or
' (b) The right to appropriate water for the purpose of
allowing the applicant to water livestock outside of a riparian
area, as that term is defined in ORS 541.351.
' (3) The Water Resources Director may refund all or part of a
fee paid to the department under this section if the director
determines that a refund of the fee is appropriate in the
interests of fairness to the public or necessary to correct an
error of the department.
' (4) The director may waive all or part of a fee for a change
to a water right permit under ORS 537.211 (4), a change to a
water right subject to transfer under ORS 540.520 or 540.523 or
an allocation of conserved water under ORS 537.470, if the change
or allocation of conserved water is:
' (a) Made pursuant to ORS 537.348;
' (b) Necessary to complete a project funded under ORS 541.375;
or
' (c) Approved by the State Department of Fish and Wildlife as
a change or allocation of conserved water that will result in a
net benefit to fish and wildlife habitat.
' (5) All moneys received under this section, less any amounts
refunded under subsection (3) of this section, shall be deposited
in the Water Resources Department Water Right Operating Fund.
' (6) Notwithstanding subsection (5) of this section, all fees
received by the department for power purposes under ORS 543.280
shall be deposited in the Water Resources Department
Hydroelectric Fund established by ORS 536.015.'.
/sTed Ferrioli
Senator
/sCharlie Ringo
Senator
/sBob Jenson
Representative
/sJackie Dingfelder
Representative
/sBen Westlund
Representative
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