73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 3659
 
                           A-Engrossed
 
                         House Bill 3494
                  Ordered by the Senate July 13
            Including Senate Amendments dated July 13
 
Sponsored by Representatives BURLEY, WHISNANT, Senator WESTLUND
 
 
                             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 type of mitigation that satisfies mitigation
requirements within Deschutes River Basin. Specifies types of
mitigation projects that may be implemented to satisfy mitigation
requirements. - }
   { +  Declares that administrative rules adopted by Water
Resources Commission satisfy statutory mitigation
requirements. + }
  Directs Water Resources Department to report to Seventy-fifth
Legislative Assembly on ground water mitigation and mitigation
bank programs.
   { +  Directs Water Resources Commission to repeal
administrative rules relating to mitigation requirements on
January 2, 2014. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the Deschutes River Basin; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2005 Act is added to and made
a part of ORS 537.505 to 537.795. + }
  SECTION 2.  { + The Legislative Assembly declares that rules
adopted by the Water Resources Commission for the Deschutes basin
ground water study area and certified effective by the Secretary
of State on September 27, 2002, satisfy the requirements relating
to mitigation under ORS 390.805 to 390.925, 537.332 to 537.360
and 537.505 to 537.795. + }
  SECTION 3.  { + (1) The Water Resources Department shall report
to the Seventy-fifth Legislative Assembly, no later than January
31, 2009, on the implementation and operation of the Deschutes
River Basin ground water mitigation and mitigation bank programs.
The report may include information on the progress on restoring
stream flows in the Deschutes River Basin to a point sufficient
to support anadromous fish and information on any statutory
changes necessary to accomplish the needed stream flow
restoration. In formulating the report, the department shall
consult with Deschutes River Basin water users and organizations
with an interest in water use in the basin. The department shall
work with basin water users and organizations with an interest in
water use in the basin to seek funding for a facilitated process
to develop the report required by this section and to evaluate
the ground water mitigation and mitigation bank programs.
  (2) The report prepared pursuant to this section shall include
a summary of:
  (a) The cumulative rate of water appropriated under all ground
water permits approved in the Deschutes River Basin after the
effective date of this 2005 Act;
  (b) The volume of water, in acre-feet, provided for mitigation;
and
  (c) The measured stream flow of the Deschutes River and its
major tributaries. + }
  SECTION 4.  { + Section 2 of this 2005 Act applies to all
ground water permits containing a ground water mitigation
requirement, all final orders approving water right applications
containing a ground water mitigation requirement, all mitigation
credits, all ground water mitigation projects and all mitigation
banks issued or approved in the Deschutes River Basin by the
Water Resources Department or the Water Resources Commission
before, on or after the effective date of this 2005 Act. + }
  SECTION 5.  { + (1) The Water Resources Commission shall repeal
the rules referred to in section 2 of this 2005 Act on January 2,
2014.
  (2) Ground water permits and mitigation projects approved
before the repeal remain valid and effective. + }
  SECTION 6.  { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect on its
passage. + }
                         ----------