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 2595
 
                         Senate Bill 731
 
Sponsored by COMMITTEE ON ENVIRONMENT AND LAND USE
 
 
                             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 as
introduced.
 
  Requires all water users to measure amounts of water withdrawn
or stored.
  Applies to new water users on and after July 1, 2005. Applies
to existing water users on January 1, 2010. Allows Water
Resources Commission to require water users to report water use
measurements.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to measurement of water use; and declaring an emergency.
  Whereas the measurement and reporting of water use benefits all
water users and is critical to the effective management of the
water resources of this state; and
  Whereas the promotion of measurement and reporting of water use
by all water users is valuable public policy; and
  Whereas local, state and federal cooperation and coordination
should be encouraged in order to provide financial support for
water use measurement and reporting; now, therefore,
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 chapter 536. + }
  SECTION 2.  { + (1) As used in this section, 'water user' means
any person who:
  (a) Holds a water right permit issued under ORS 537.211 or a
water right certificate issued under ORS 537.250;
  (b) Holds a reservoir permit issued under ORS 537.400 or a
reservoir certificate issued under ORS 537.407, or who stores
water in a reservoir otherwise exempt under ORS 537.405;
  (c) Holds a ground water permit issued under ORS 537.625 or a
ground water certificate issued under ORS 537.630;
  (d) Uses water pursuant to a registration statement filed under
ORS 539.240 or holds a water right certificate issued under ORS
539.140;
  (e) Uses water under a limited license issued under ORS
537.143; or
  (f) Uses water otherwise exempt under ORS 537.545.
  (2) In addition to a requirement to measure the amount of water
used imposed pursuant to ORS 390.835, 537.099 or 540.435, all
water users shall install water measurement devices that provide
for measurement of the amount of water withdrawn or stored at the
 
point of diversion and that allow for the determination of the
rate and duty of water appropriated.
  (3) Any water user required to install a water measurement
device under this section shall maintain the device in good
working order for the period of water use.
  (4) The Water Resources Commission may require any water user
or group of water users to report water use measurements pursuant
to a schedule established by rule by the commission. + }
  SECTION 3.  { + (1) The requirement to install water
measurement devices imposed by section 2 of this 2005 Act applies
to:
  (a) Water users, as that term is defined by section 2 of this
2005 Act, first withdrawing or storing water on or after the
effective date of this 2005 Act, on and after July 1, 2005; and
  (b) All water users, as that term is defined by section 2 of
this 2005 Act, on and after January 1, 2010.
  (2) Notwithstanding subsection (1) of this section, the Water
Resources Commission may require any water user to install a
water measurement device on or after the effective date of this
2005 Act. + }
  SECTION 4.  { + 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. + }
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