Chapter 187
AN ACT
HB 2098
Relating to irrigation season extensions; amending ORS 537.385.
Be It Enacted by the People of
the State of
SECTION 1. ORS 537.385 is amended to read:
537.385. (1)
Notwithstanding any condition or limitation of a water right permit issued
under ORS 537.211 or 537.625 or a water right certificate issued under ORS
537.250, 537.630 or 539.140, upon receipt of a request by the State Department
of Agriculture, the Water Resources Commission may, by [order] rule, extend the irrigation season of a subbasin
beyond the period established by adjudication, [administrative] by rule or by condition imposed on a permit
or certificate, if the commission finds:
(a) Water is available
during the period of the extended irrigation season;
(b) Water use during the
extended season would not impair in-stream flows that are necessary to protect
aquatic resources; and
(c) Water diversion and
use during the period of the extended season would not impair the achievement
or maintenance of water quality standards as established for the water source
by the Department of Environmental Quality.
(2) If the source of
water identified in the request is stored water and water is available from the
storage source during the period of the extended irrigation season, the
commission may extend the irrigation season as requested without making the
findings required by subsection (1) of this section. However, use of water
during the extended period shall be limited to the stored water.
(3) In order to ensure
that use of water during an extended irrigation season does not injure existing
and future water rights, use of water during the extended period of the
irrigation season shall be subordinated to all existing and future water
rights.
(4) Use of water during
the extended irrigation season shall comply with all conditions and limitations
of the permit or certificate, including the rate, duty and place of use of the
right.
(5) Use of water shall
be regulated among irrigators for whom the season has been extended during the
extended irrigation season according to the priority date of the permit or
certificate.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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