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 1767
 
                         House Bill 2566
 
Sponsored by COMMITTEE ON ENERGY AND THE ENVIRONMENT
 
 
                             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.
 
  Eliminates exemption from requirement for registration,
certificate or permit for certain uses of ground water
appropriated on or after effective date of Act.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to exempt uses of ground water; amending ORS 537.545;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 537.545 is amended to read:
  537.545. (1) No registration, certificate of registration,
application for a permit, permit, certificate of completion or
ground water right certificate under ORS 537.505 to 537.795 and
537.992 is required for the use of ground water { + ,
appropriated for use prior to the effective date of this 2007
Act, + } for:
  (a) Stockwatering purposes;
  (b) Watering any lawn or noncommercial garden not exceeding
one-half acre in area;
  (c) Watering the lawns, grounds and fields not exceeding 10
acres in area of schools located within a critical ground water
area established pursuant to ORS 537.730 to 537.740;
  (d) Single or group domestic purposes in an amount not
exceeding 15,000 gallons a day;
  (e) Down-hole heat exchange purposes;
  (f) Any single industrial or commercial purpose in an amount
not exceeding 5,000 gallons a day; or
  (g) Land application, so long as the ground water:
  (A) Has first been appropriated and used under a permit or
certificate issued under ORS 537.625 or 537.630 for a water right
issued for industrial purposes or a water right authorizing use
of water for confined animal feeding purposes;
  (B) Is reused for irrigation purposes and the period of
irrigation is a period during which the reused water has never
been discharged to the waters of the state; and
  (C) Is applied pursuant to a permit issued by the Department of
Environmental Quality or the State Department of Agriculture
under either ORS 468B.050 to construct and operate a disposal
system or ORS 468B.215 to operate a confined animal feeding
operation.
 
  (2) The use of ground water for a use exempt under subsection
(1) of this section, to the extent that it is beneficial,
constitutes a right to appropriate ground water equal to that
established by a ground water right certificate issued under ORS
537.700. Except for the use of water under subsection (1)(g) of
this section, the Water Resources Commission by rule may require
any person or public agency using ground water for any such
purpose to furnish information with regard to such ground water
and the use thereof. For a use of water described in subsection
(1)(g) of this section, the Department of Environmental Quality
or the State Department of Agriculture shall provide to the Water
Resources Department a copy of the permit issued under ORS
468B.050 or 468B.215 authorizing the land application of ground
water for reuse. The permit shall provide the information
regarding the place of use of such water and the nature of the
beneficial reuse.
  (3) If it is necessary for the Water Resources Department to
regulate the use or distribution of ground water, including uses
exempt under subsection (1) of this section, the department shall
use as a priority date for the exempt uses the date indicated in
the log for the well filed with the department under ORS 537.765
or other documentation provided by the well owner showing when
water use began.
  SECTION 2.  { + 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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