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 2106
House Bill 3525
Sponsored by Representatives SCHAUFLER, JENSON, BOONE, BUTLER
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.
Directs Water Resources Department to issue permits to
appropriate water from Upper Columbia River for use in Columbia
Basin. Allows issuance only to persons who will use water in lieu
of using ground water from critical ground water areas, to
recharge or replenish ground water in critical ground water
areas, to support business development projects or to provide
additional water for use by municipal corporation.
Limits appropriation to 500,000 acre-feet per year. Specifies
allocation of appropriation between allowed uses.
Establishes Columbia River Water Account. Continuously
appropriates moneys to Water Resources Department.
Repeals authority of department to issue permits on January 2,
2034. Provides that repeal of authority does not affect permits
issued before January 2, 2034.
A BILL FOR AN ACT
Relating to Columbia River water; and appropriating money.
Whereas the agricultural region of northeast Oregon along the
Columbia River has some of the richest farm soils in the world
but, due to restrictions on the use of water, this land is
underutilized and the area's vast potential for economic
development has remained largely untapped; and
Whereas the ground water level in the Columbia Basin is
receding and even severe restrictions on the withdrawal of ground
water have not replenished critically low ground water levels;
and
Whereas farmers in the Columbia Basin are forced to plant
low-return crops because of the lack of ground water and, in many
cases, have allowed their rich farm lands to sit idle; and
Whereas the basin plan adopted for the Columbia River includes
a reservation of 30,000,000 acre-feet of water from the Upper
Columbia River for economic use in Oregon, but Oregon uses only
approximately 2,000,000 acre-feet of that reservation; and
Whereas by withdrawing reserved water from the Upper Columbia
River for recharging ground water and irrigation, Oregon can
create a thriving agricultural oasis in the rich soils of
northeastern Oregon, allowing farmers to cultivate high-value
fruits and vegetables on an additional 100,000 acres, which, when
processed locally, will create a substantial number of new jobs
and add millions of dollars in revenues and increased property
values to the state's economy; and
Whereas the added revenues and increased property values
resulting from the use of the reserved water will benefit
schools, public health care and services to children and families
and will improve public safety; and
Whereas the additional cultivation and processing resulting
from the use of the reserved water will promote vital research
and development in the agricultural and food processing clusters
of the state's economy; and
Whereas appropriation of an additional 500,000 acre-feet per
year from the main stem of the Columbia River for 25 years is
necessary to preserve, recharge and replenish ground water in
critical ground water areas, to permit business development
projects and to supplement municipal uses of water; and
Whereas use of water from the main stem of the Columbia River
in lieu of water in critical ground water areas will ensure the
preservation of water resources in the Columbia Basin, permitting
municipalities to be less dependent upon wells for drinking
water; and
Whereas recharging and replenishing critical ground water areas
in the Columbia Basin with reserved Columbia River water will
benefit fish and wildlife in the Columbia Basin and the Columbia
River; and
Whereas Oregon's utilization of up to the 2.7 percent average
annual withdrawal rate maintained by the State of Washington will
not have a detrimental effect on fish in the Columbia River or on
other uses of Columbia River water; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 6 of this 2007 Act:
(1) 'Best management practices' means a practice or combination
of practices involving the diversion, distribution and
application of or the use of water resources that is both
cost-effective and practicable, adopted for the purpose of
achieving greater water use efficiency.
(2) 'Business development project' has the meaning given that
term in ORS 285B.050.
(3) 'Columbia Basin' means the counties in the State of Oregon
that are appurtenant to the Upper Columbia River or in which are
located tributaries of the Upper Columbia River.
(4) 'Critical ground water area' means an area designated a
critical ground water area under ORS 537.730.
(5) 'Upper Columbia River' means that portion of the Columbia
River that is upstream from Bonneville Dam, including those areas
inundated by impounded waters at full pool elevations. + }
SECTION 2. { + (1) The Water Resources Department shall issue
a permit to appropriate water from the Upper Columbia River for
use in the Columbia Basin to a person who will use the water:
(a) In lieu of using ground water from critical ground water
areas that the person would otherwise be able to legally use, or
that the person is unable to use because of a curtailment order;
(b) To recharge or replenish ground water in critical ground
water areas;
(c) To support a business development project; or
(d) To provide additional water for a municipal corporation
that already holds a water right for municipal use of water.
(2) A permit may be issued under this section only to a person
who has a means to deliver the water through ownership or
authorized use of a water delivery system. In addition, a person
who applies for a permit under this section for the purpose of
supporting a business development project must:
(a) Be certified by the Water Resources Department as capable
of employing best management practices; and
(b) Execute an agreement with the department in which the
person agrees to use best management practices in the use of the
water.
(3) A permit issued under this section for the use of water
from the Upper Columbia River in lieu of using ground water from
critical ground water areas is not affected by any subsequent
curtailment of use of water from the critical ground water areas.
(4) Subject to subsection (5) of this section, the Water
Resources Department shall issue permits for appropriation of
water until 500,000 acre-feet per year are appropriated.
(5) The Water Resources Department shall ensure that water
appropriated under this section is apportioned in the following
manner to holders of permits issued under this section:
(a) 195,000 acre-feet per year to permit holders who will use
the water in lieu of ground water in critical ground water areas
or to recharge or replenish ground water in critical ground water
areas.
(b) 300,000 acre-feet per year to permit holders who will use
the water to support business development projects.
(c) 5,000 acre-feet per year to permit holders who will use the
water to provide additional water for a municipal corporation.
(6) ORS 537.135 (5) does not apply to the recharging of water
authorized by this section. + }
SECTION 3. { + (1) The Water Resources Department may not
charge a fee for the appropriation of water under sections 1 to 6
of this 2007 Act that is used for one of the purposes specified
in section 2 (1)(a), (b) or (d).
(2) The Water Resources Department shall charge an annual fee
of $10 for each acre-foot of water appropriated under sections 1
to 6 of this 2007 Act that is used to support a business
development project and that is in excess of the water otherwise
permitted for use by the business development project on the
effective date of this 2007 Act.
(3) All moneys received by the Water Resources Department under
this section shall be paid into the State Treasury and deposited
into the General Fund to the credit of the Columbia River Water
Account established under section 4 of this 2007 Act. + }
SECTION 4. { + The Columbia River Water Account is established
within the General Fund. Moneys deposited in the account are
continuously appropriated to the Water Resources Department for
the purposes of:
(1) Administering sections 1 to 6 of this 2007 Act; and
(2) Developing in-stream water conservation projects managed in
coordination with federally recognized Indian tribes in Oregon
whose reservation or trust lands include the Columbia River or
Columbia Basin. + }
SECTION 5. { + The rights of a person holding a permit issued
under section 2 of this 2007 Act are in addition to and not in
lieu of any rights conferred by the Water Rights Act as defined
in ORS 537.010. + }
SECTION 6. { + The Water Resources Commission shall adopt
rules to implement sections 1 to 6 of this 2007 Act. + }
SECTION 7. { + On or before April 1, 2008, all state agencies
shall amend or repeal all rules of the agencies as necessary to
make the agencies' rules consistent with sections 1 to 6 of this
2007 Act. + }
SECTION 8. { + Sections 1 to 7 of this 2007 Act are repealed
January 2, 2034. + }
SECTION 9. { + The repeal of sections 1 to 7 of this 2007 Act
by section 8 of this 2007 Act does not affect the validity of any
permits issued under section 2 of this 2007 Act before January 2,
2034, and the appropriations of water made under sections 1 to 6
of this 2007 Act survive the repeal of sections 1 to 7 of this
2007 Act. + }
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