74th OREGON LEGISLATIVE ASSEMBLY--2007 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 434
 
                         House Bill 2097
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Water Resources Department)
 
 
                             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.
 
  Repeals sunset on split use leasing of in-stream water right
under certain circumstances during same water or calendar year.
 
                        A BILL FOR AN ACT
Relating to water rights; amending ORS 537.348; and repealing
  section 3, chapter 205, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 537.348, as amended by section 2, chapter 205,
Oregon Laws 2001, is amended to read:
  537.348. (1) Any person may purchase or lease all or a portion
of an existing water right or accept a gift of all or a portion
of an existing water right for conversion to an in-stream water
right. Any water right converted to an in-stream water right
under this section shall retain the priority date of the water
right purchased, leased or received as a gift. At the request of
the person the Water Resources Commission shall issue a new
certificate for the in-stream water right showing the original
priority date of the purchased, gifted or leased water right. A
person who transfers a water right by purchase, lease or gift
under this subsection shall comply with the requirements for the
transfer of a water right under ORS 540.505 to 540.585.
  (2) Any person who has an existing water right may lease all or
a portion of the existing water right for use as an in-stream
water right for a specified period without the loss of the
original priority date. During the term of such lease, the use of
the water right as an in-stream water right shall be considered a
beneficial use.
   { +  (3) A lease of all or a portion of an existing water
right for use as an in-stream water right under subsection (2) of
this section may allow the split use of the water between the
existing water right and the in-stream right during the same
water or calendar year, provided that:
  (a) The uses are not concurrent; and
  (b) The holders of the water rights measure and report to the
Water Resources Department the use of the existing water right
and the in-stream water right. + }
  SECTION 2.  { + Section 3, chapter 205, Oregon Laws 2001, is
repealed. + }
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