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 436
 
                         House Bill 2098
 
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.
 
  Requires that extension of irrigation season by Water Resources
Commission be made by rule instead of by order.
 
                        A BILL FOR AN ACT
Relating to irrigation season extensions; amending ORS 537.385.
Be It Enacted by the People of the State of Oregon:
  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.
                         ----------