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 2558
 
                         Senate Bill 602
 
Sponsored by Senator NELSON
 
 
                             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 assess, plan and develop
new storage facilities to provide access to new water supplies in
Columbia River Basin. Specifies allocation of water supplies
secured through development of new storage facilities.  Allows
department to enter into regional agreements for certain
purposes. Directs department to develop Columbia River water
supply inventory and long-term water supply and demand forecast.
Directs department to establish Columbia River main stem water
resources information system. Appropriates moneys from General
Fund to department for certain projects related to Columbia
River.
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to Columbia River; appropriating money; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  The Legislative Assembly finds that:
  (1) A key priority of water resources management in the
Columbia River Basin is the development of new water supplies
that include storage and conservation in order to meet the
economic and community development needs of people and the
in-stream flow needs of fish;
  (2) A Columbia River Basin water supply development program is
needed; and
  (3) The Water Resources Department is the state agency best
able to pursue the development of water supplies to benefit both
in-stream and out-of-stream uses. + }
  SECTION 2.  { + (1) The Water Resources Department shall
assess, plan and develop new storage facilities, improve or alter
operations of existing storage facilities, implement conservation
projects or other projects designed to provide access to new
water supplies within the Columbia River Basin for both in-stream
and out-of-stream uses.
  (2)(a) Before the Water Resources Department considers
construction of a new storage facility, the department shall
evaluate the following:
  (A) Water uses to be served by the facility;
  (B) The quantity of water necessary to meet those uses;
 
 
  (C) The benefits and costs to the state of meeting those uses,
including short-term and long-term economic, cultural and
environmental effects; and
  (D) Alternative means of supplying water to meet those needs,
including the costs of the alternatives and an analysis of the
extent that long-term water supply needs may be met by using
those alternatives.
  (b) The department may rely on studies and information provided
by other state agencies and by federal agencies. + }
  SECTION 3. { +  (1) Water supplies secured through the
development of new storage facilities pursuant to section 2 of
this 2007 Act shall be allocated as follows:
  (a) Two-thirds of active storage shall be available for
appropriation for out-of-stream uses; and
  (b) One-third of active storage shall be available to augment
in-stream flows and shall be managed by the Water Resources
Department. The timing of releases of this water shall be
determined by the department, in cooperation with the State
Department of Fish and Wildlife, to maximize benefits to salmon
and steelhead populations.
  (2) Water available for appropriation under subsection (1)(a)
of this section, but not yet appropriated, shall be temporarily
available to augment in-stream flows to the extent that it does
not impair existing water rights. + }
  SECTION 4. { +  (1) The Water Resources Department may enter
into regional agreements with public or private bodies for the
purpose of providing new water for out-of-stream use,
streamlining the application process and protecting in-stream
flow.
  (2) An agreement entered into under subsection (1) of this
section shall ensure that:
  (a) For water rights issued from the Columbia River main stem,
there is no negative impact on Columbia River main stem in-stream
flows in the months of July and August as a result of the new
appropriations issued under the agreement;
  (b) For water rights issued from the Snake River main stem,
there is no negative impact on Snake River main stem in-stream
flows from April through August as a result of the new
appropriations issued under the agreement; and
  (c) Efforts are made to harmonize the agreements with any
watershed action plans that are applicable to the area covered by
the agreement.
  (3) Before executing a regional agreement under this section,
the department shall, to the greatest extent practicable, consult
with appropriate local, state and federal agencies and federally
recognized Indian tribes. + }
  SECTION 5. { +  (1) To support the development of new water
supplies in the Columbia River and to protect in-stream flow, the
Water Resources Department shall work with all interested
parties, including but not limited to local government bodies and
watershed councils adjacent to the Columbia River and affected
federally recognized Indian tribes, to develop a Columbia River
water supply inventory and a Columbia River long-term water
supply and demand forecast. The inventory must include:
  (a) A list of conservation projects concerning the Columbia
River that have been implemented and the amount of water
conservation the projects have achieved; and
  (b) A list of potential water supply and storage projects in
the Columbia River Basin, including estimates of:
  (A) Cost per acre-foot;
  (B) Benefits to fish and other in-stream needs;
  (C) Benefits to out-of-stream needs; and
  (D) Environmental and cultural impacts.
  (2)(a) The Water Resources Commission shall complete the first
Columbia River water supply inventory by June 30, 2008, and shall
 
update the inventory no later than June 30 in each succeeding
year.
  (b) The Water Resources Department shall complete the first
Columbia River long-term water supply and demand forecast by June
30, 2008, and shall update the inventory no later than June 30 in
each succeeding year. + }
  SECTION 6. { +  (1) In order to better understand current water
use and in-stream flows in the Columbia River main stem, the
Water Resources Department shall establish and maintain a
Columbia River main stem water resources information system that
provides the information necessary for effective main stem water
resource planning and management.
  (2) To accomplish the objective set forth in subsection (1) of
this section, the department shall use information compiled by
watershed councils, nonprofit organizations, federal agencies and
other interested parties. The information shall include:
  (a) The total aggregate quantity of water rights issued by the
state related to the Columbia River main stem and for ground
water within one mile of the main stem; and
  (b) The total aggregate volume of current water use under these
rights.
  (3) The department shall publish the aggregate data on the
department's Internet website no later than June 30, 2009, and
shall update the inventory no later than June 30 in each
succeeding year. + }
  SECTION 7.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Water Resources
Department, for the biennium beginning July 1, 2007, out of the
General Fund, the amount of $___, which may be expended for
carrying out the purposes of section 1 to 6 of this 2007 Act. + }
  SECTION 8.  { + 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 July 1,
2007. + }
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