74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2101
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)
CHAPTER ................
AN ACT
Relating to fees of Water Resources Department; creating new
provisions; amending ORS 536.050, 537.150 and 537.620; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 536.050 is amended to read:
536.050. (1) The Water Resources Department may collect the
following fees in advance:
(a) For examining an application for a permit:
(A) To appropriate water, except as provided under ORS 543.280
for an application for a hydroelectric project:
(i) A base fee of { - $300 - } { + $500 for an
appropriation of water through a single use, point of diversion
or point of appropriation + };
(ii) $200 for the first second-foot or fraction thereof { +
appropriated under the permit + };
(iii) $100 for each additional second-foot or fraction thereof
{ + appropriated under the permit + }; { - and - }
{ + (iv) $200 for each additional use, point of diversion or
point of appropriation included in the application; and + }
{ - (iv) - } { + (v) + } If appropriating stored water, $20
for the first acre-foot or fraction thereof up to { - 10 - }
{ + 20 + } acre-feet, plus $1 for each additional acre-foot or
fraction thereof.
(B) To store water under ORS 537.400 or 537.534 (4):
(i) A base fee of { - $300 - } { + $500 + }; and
(ii) $20 for the first acre-foot or fraction thereof up to
{ - 10 - } { + 20 + } acre-feet, plus $1 for each additional
acre-foot or fraction thereof.
(C) To exclusively appropriate stored water:
(i) A base fee of { - $150 - } { + $250 + }; and
(ii) $15 for the first acre-foot or fraction thereof up to 10
acre-feet, plus $1 for each additional acre-foot or fraction
thereof.
(b) For recording a permit to appropriate or store water,
{ - $250 - } { + $300 + }.
(c) For filing { - or - } { + and + } recording { - any
other water right instrument, $25 for the first page and $5 for
each additional page - } { + the assignment or partial
assignment of a water right application, permit or license under
ORS 537.220 or 537.635, $50 + }.
Enrolled House Bill 2101 (HB 2101-INTRO) Page 1
(d) For copying records in the department, $2 for the first
page and 50 cents for each additional page.
(e) For certifying copies, documents, records or maps, $10 for
each certificate.
(f) For a blueprint copy of any map or drawing, the actual cost
of the work.
(g) For a computer-generated map, the actual cost of the work.
(h) For examining an application for approval of a change to an
existing water right or permit:
(A) A base fee of { - $350 - } { + $400 for a change to a
single water right or permit + };
(B) { - $350 - } { + $400 + } for each additional type of
change requested;
{ - and - }
(C) For a request for a change in place of use or type of use
or for a water exchange under ORS 540.533, { - $175 - }
{ + $200 + } for each second-foot or fraction thereof requested
beyond the first second-foot { + ; and
(D) $200 for each additional water right or permit included in
the application + }.
(i) For examining an application for a temporary change in
place of use under ORS 540.523, for a temporary transfer under
ORS 540.585 or for a temporary change in place of use, a change
in the point of diversion to allow for the appropriation of
ground water or a change of a primary right to a supplemental
right under ORS 540.570, a base fee of { - $175 - } { + $200
for the first water right or permit, plus $50 for each additional
water right or permit included in the application + } and:
(A) For nonirrigation uses, { - $75 - } { + $80 + } for
each second-foot or fraction thereof requested beyond the first
second-foot; or
(B) For irrigation uses, $1 per acre of land irrigated or, if
the application and required map are submitted to the department
in a department-approved digital format, 25 cents per acre of
land irrigated.
(j) For submitting a protest to the department, { - $250 - }
{ + $350 + }.
(k) For filing an application for extension of time within
which irrigation or other works shall be completed or a water
right perfected, { - $250 - } { + $350 + }.
(L) For a limited license under ORS 537.143 or 537.534 (2), the
fee established by rule by the Water Resources Commission.
(m) For filing, examining and certifying a petition under ORS
541.329, $250 plus 10 cents per acre of water involved in the
application. For purposes of computing this fee, when any acreage
within a quarter quarter of a section is involved, the 10 cents
per acre shall apply to all acres in that quarter quarter of a
section. Notwithstanding the fee amount established in this
paragraph, a district notifying the department under ORS 541.327
(4) shall pay the actual cost of filing, examining and certifying
the petition.
(n) For requesting standing under ORS 537.153, 537.621 or
543A.120, { - $50 - } { + $100 + }.
(o) For participating in a contested case proceeding under ORS
537.170, 537.622 or 543A.130, { - $200 - } { + $250 + }.
(p) Except for an applicant, for obtaining a copy of both a
proposed final order and a final order for a water right
application under ORS 537.140 to 537.252, 537.505 to 537.795 or
543A.005 to 543A.300 { + or an extension issued under ORS
537.230, 537.248 or 537.630 + }, $10.
Enrolled House Bill 2101 (HB 2101-INTRO) Page 2
(q) For examining an application to store water under ORS
537.409:
(A) A base fee of { - $40 - } { + $80 + }; and
(B) { - $10 - } { + $20 + } for each acre-foot or fraction
thereof { - , not to exceed a total of $250 - } .
(r) For submitting a notice of intent under ORS 543A.030 or
543A.075, the amount established by the Water Resources Director
under ORS 543A.410.
(s) For examining an application for a substitution made under
ORS 540.524, { - $250 - } { + $280 + }.
(t) For examining an application for an allocation of conserved
water under ORS 537.455 to 537.500, $700.
(u) For submitting a water management and conservation plan
pursuant to rules of the Water Resources Commission:
(A) $250, if the plan is submitted by an agricultural water
supplier;
(B) $500, if the plan is submitted by a municipal water
supplier serving a population of 1,000 or fewer persons; or
(C) $1,000, if the plan is submitted by a municipal water
supplier serving a population of more than 1,000 persons.
(v) For examining a new application for an in-stream water
right lease under ORS 537.348:
(A) $200 for an application for a lease with four or more
landowners or four or more water rights; or
(B) $100 for all other applications.
(w) For examining an application for an in-stream water right
lease renewal, $50.
(2) Notwithstanding the fees established under subsection (1)
of this section, the Water Resources Commission may establish
lower examination and permit fees by rule for:
(a) The right to appropriate water for a storage project of
five acre-feet or less; or
(b) The right to appropriate water for the purpose of allowing
the applicant to water livestock outside of a riparian area, as
that term is defined in ORS 541.351.
(3) The Water Resources Director may refund all or part of a
fee paid to the department under this section if the director
determines that a refund of the fee is appropriate in the
interests of fairness to the public or necessary to correct an
error of the department.
(4) The director may waive all or part of a fee for a change to
a water right permit under ORS 537.211 (4), a change to a water
right subject to transfer under ORS 540.520 or 540.523 or an
allocation of conserved water under ORS 537.470, if the change or
allocation of conserved water is:
(a) Made pursuant to ORS 537.348;
(b) Necessary to complete a project funded under ORS 541.375;
or
(c) Approved by the State Department of Fish and Wildlife as a
change or allocation of conserved water that will result in a net
benefit to fish and wildlife habitat.
(5) Notwithstanding the fees established pursuant to this
section, the commission may adopt by rule reduced fees for
persons submitting materials to the department in a digital
format approved by the department.
(6) All moneys received under this section, less any amounts
refunded under subsection (3) of this section, shall be deposited
in the Water Resources Department Water Right Operating Fund.
(7) Notwithstanding subsection (6) of this section, all fees
received by the department for power purposes under ORS 543.280
Enrolled House Bill 2101 (HB 2101-INTRO) Page 3
shall be deposited in the Water Resources Department
Hydroelectric Fund established by ORS 536.015.
SECTION 2. ORS 537.150 is amended to read:
537.150. (1) Within 15 days after receiving an application, the
Water Resources Department shall determine whether the
application contains the information listed under ORS 537.140 (1)
and is complete and not defective, including the payment of all
fees required under ORS 537.140 (5). If the department determines
that the application is incomplete or defective or that
{ + not + } all fees have { - not - } been paid, the
department shall return { - all - } { + the + } fees
{ + paid + } and the application.
(2) Upon determining that an application contains the
information listed under ORS 537.140 (1) and is complete and not
defective, the department shall indorse on the application the
date upon which the application was received at the department,
which shall be the priority date for any water right issued in
response to the application. All applications that comply with
the provisions of law shall be recorded in a suitable book kept
for that purpose.
(3) If an application is complete and not defective, the
department shall determine whether the proposed use is prohibited
by ORS chapter 538. If the proposed use is prohibited by ORS
chapter 538, the department shall reject the application and
return all fees to the applicant with an explanation of the
statutory prohibition.
(4) If the proposed use is not prohibited by ORS chapter 538,
the department shall undertake an initial review of the
application and make a preliminary determination of:
(a) Whether the proposed use is restricted or limited by
statute or rule;
(b) The extent to which water is available from the proposed
source during the times and in the amounts requested; and
(c) Any other issue the department identifies as a result of
the initial review that may preclude approval of or restrict the
proposed use.
(5) Upon completion of the initial review and no later than 30
days after determining an application to be complete and not
defective as described in subsection (1) of this section, the
department shall notify the applicant of its preliminary
determinations and allow the applicant 14 days from the date of
mailing within which to notify the department to stop processing
the application or to proceed with the application. If the
applicant notifies the department to stop processing the
application, the department shall return the application and
{ - all except $50 of - } all fees { + paid in excess of
$150 + }. If the department receives no timely response from the
applicant, the department shall proceed with the application.
(6) Within seven days after proceeding with the application
under subsection (5) of this section, the department shall give
public notice of the application in the weekly notice published
by the department. The notice shall include a request for
comments on the application and information pertaining to how an
interested person may obtain future notices about the application
and a copy of the proposed final order.
(7) Within 30 days after the public notice under subsection (6)
of this section, any person interested in the application shall
submit written comments to the department. Any person who asks to
receive a copy of the department's proposed final order shall
submit to the department the fee required under ORS 536.050 (1).
Enrolled House Bill 2101 (HB 2101-INTRO) Page 4
SECTION 3. ORS 537.620 is amended to read:
537.620. (1) The Water Resources Department shall accept all
applications for permits submitted under ORS 537.615 in proper
form.
(2) Within 15 days after receiving the application, the
department shall determine whether the application contains the
information listed under ORS 537.615 (2) and is complete and not
defective, including the payment of all fees required under ORS
537.615 (5). If the department determines that the application is
incomplete or defective or that { + not + } all fees have
{ - not - } been paid, the department shall return
{ - all - } { + the + } fees { + paid + } and the application
to the applicant to remedy the defect. If an application is
complete and not defective, the department shall indorse on the
application the date upon which the application was received at
the department, which shall be the priority date for any water
right issued in response to the application.
(3) Upon determining that an application is complete and not
defective, the department shall determine whether the proposed
use is prohibited by statute. If the proposed use is prohibited
by statute, the department shall reject the application and
return all fees to the applicant with an explanation of the
statutory prohibition.
(4) If the proposed use is not prohibited by statute, the
department shall undertake an initial review of the application
and make a preliminary determination of:
(a) Whether the proposed use is restricted or limited by
statute or rule or because the proposed use is located within a
designated critical ground water area;
(b) The extent to which water is available from the proposed
source during the times and in the amounts requested; and
(c) Any other issue the department identifies as a result of
the initial review that may preclude approval of or restrict the
proposed use.
(5) Upon completion of the initial review and no later than 30
days after determining an application to be complete and not
defective as described in subsection (2) of this section, the
department shall notify the applicant of its preliminary
determinations and allow the applicant 14 days from the date of
mailing within which to notify the department to stop processing
the application or to proceed with the application. If the
applicant notifies the department to stop processing the
application, the department shall return the application and
{ - all except $50 of - } all fees { + paid in excess of
$150 + }. If the department receives no timely response from the
applicant, the department shall proceed with the application.
(6) Within seven days after proceeding with the application
under subsection (5) of this section, the department shall give
public notice of the application in the weekly notice published
by the department. The notice shall include a request for
comments on the application and information pertaining to how an
interested person may obtain future notices about the application
and a copy of the proposed final order.
(7) Within 30 days after the public notice under subsection (6)
of this section, any person interested in the application shall
submit written comments to the department. Any person who asks to
receive a copy of the department's proposed final order shall
submit to the department the fee required under ORS 536.050
(1)(p).
Enrolled House Bill 2101 (HB 2101-INTRO) Page 5
SECTION 4. { + (1) The amendments to ORS 536.050 by section 1
of this 2007 Act apply only to fees collected on or after the
first day of the calendar month following the effective date of
this 2007 Act.
(2) The amendments to ORS 537.150 by section 2 of this 2007 Act
apply only to applications submitted on or after the first day of
the calendar month following the effective date of this 2007 Act.
(3) The amendments to ORS 537.620 by section 3 of this 2007 Act
apply only to applications submitted on or after the first day of
the calendar month following the effective date of this 2007
Act. + }
SECTION 5. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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Passed by House April 18, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 4, 2007
...........................................................
President of Senate
Enrolled House Bill 2101 (HB 2101-INTRO) Page 6
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2101 (HB 2101-INTRO) Page 7