75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 3454
LC 3236/HB 3454-2
HOUSE AMENDMENTS TO
HOUSE BILL 3454
By COMMITTEE ON ENVIRONMENT AND WATER
May 1
In line 2 of the printed bill, after the semicolon delete the
rest of the line and insert 'creating new provisions; and
amending ORS 536.220.
' Whereas the Legislative Assembly directs the Water Resources
Department to study the state's existing water resources, the
means and methods of conserving and augmenting water resources
and the existing and contemplated needs and uses of water
resources; and
' Whereas the Water Resources Commission and Water Resources
Department seek to address Oregon's water supply needs and to
restore and protect streamflows and watersheds in order to ensure
the long-term sustainability of Oregon's ecosystems, economy and
quality of life; and
' Whereas surface water is almost completely allocated across
the state, and ground water levels have declined precipitously in
several areas; and
' Whereas the Legislative Assembly notes that proper
utilization and control of the water resources of the state can
be achieved only through a coordinated, integrated state water
resources strategy and through plans and programs for the
preservation of the state's water resources; and
' Whereas water quantity, water quality and ecosystem services
are inextricably linked; and
' Whereas to develop a coordinated and integrated state water
resources strategy it is important for the Water Resources
Department to work closely with the Department of Environmental
Quality and the State Department of Fish and Wildlife and to
consult with other natural resource agencies in the state; and
' Whereas the development of a long-term, integrated state
water resources strategy is a cooperative and collaborative
process; now, therefore,'.
Delete lines 4 through 12 and insert:
' { + SECTION 1. + } ORS 536.220 is amended to read:
' 536.220. (1) The Legislative Assembly recognizes and declares
that:
' (a) The maintenance of the present level of the economic and
general welfare of the people of this state and the future growth
and development of this state for the increased economic and
general welfare of the people thereof are in large part dependent
upon a proper utilization and control of the water resources of
this state, and such use and control is therefore a matter of
greatest concern and highest priority.
' (b) A proper utilization and control of the water resources
of this state can be achieved only through a coordinated,
integrated state water resources policy, through plans and
programs for the development of such water resources and through
other activities designed to encourage, promote and secure the
maximum beneficial use and control of such water resources, all
carried out by a single state agency.
' (c) The economic and general welfare of the people of this
state have been seriously impaired and are in danger of further
impairment by the exercise of some single-purpose power or
influence over the water resources of this state or portions
thereof by each of a large number of public authorities, and by
an equally large number of legislative declarations by statute of
single-purpose policies with regard to such water resources,
resulting in friction and duplication of activity among such
public authorities, in confusion as to what is primary and what
is secondary beneficial use or control of such water resources
and in a consequent failure to utilize and control such water
resources for multiple purposes for the maximum beneficial use
and control possible and necessary.
' (2) The Legislative Assembly, therefore, finds that:
' (a) It is in the interest of the public welfare that a
coordinated, integrated state water resources policy be
formulated and means provided for its enforcement, that plans and
programs for the development and enlargement of the water
resources of this state be devised and promoted and that other
activities designed to encourage, promote and secure the maximum
beneficial use and control of such water resources and the
development of additional water supplies be carried out by a
single state agency which, in carrying out its functions, shall
give proper and adequate consideration to the multiple aspects of
the beneficial use and control of such water resources with an
impartiality of interest except that designed to best protect and
promote the public welfare generally.
' (b) The state water resources policy shall be consistent with
the goal set forth in ORS 468B.155.
' { + (3)(a) The Water Resources Department shall, to help
implement the state water resources policy specified in
subsection (2) of this section, develop an integrated state water
resources strategy that is designed to meet Oregon's water needs.
' (b) The department shall, working closely with the Department
of Environmental Quality and the State Department of Fish and
Wildlife, develop the integrated state water resources strategy
in consultation with other state, local and federal agencies,
with other states, with Indian tribes, with stakeholders and with
the public.
' (c) In carrying out its duties under this section, the Water
Resources Department shall, working closely with the Department
of Environmental Quality and the State Department of Fish and
Wildlife, develop data on an ongoing basis that forecasts
Oregon's water needs, including but not limited to in-stream,
underground water, human consumption and water supply needs.
' (d) The integrated state water resources strategy shall
describe Oregon's water needs, including but not limited to
in-stream, ecosystem services, water quality and water supply
needs. The integrated state water resources strategy shall also
describe the following:
' (A) Objectives of the strategy;
' (B) Actions designed to achieve the objectives of the
strategy;
' (C) Plans related to the challenges presented by climate
change;
' (D) Additional factors, including but not limited to
population growth and land use change;
' (E) Communication and partnership with key stakeholders;
' (F) Specific functions and roles for other state agencies,
including but not limited to the State Department of Agriculture,
the State Forestry Department, the Department of Human Services,
the Economic and Community Development Department, the Department
of Land Conservation and Development, the Oregon Watershed
Enhancement Board and the State Parks and Recreation Department;
and
' (G) Public policy options and recommendations.
' (e)(A) The Water Resources Commission shall give the
Environmental Quality Commission notice of the integrated state
water resources strategy prior to adoption of the strategy. The
strategy shall take effect upon adoption by the Water Resources
Commission.
' (B) The Water Resources Commission shall review and update
the integrated state water resources strategy every five years.
The Water Resources Commission shall give notice to the
Environmental Quality Commission before adopting any revisions of
the strategy. Revisions of the strategy shall take effect upon
the Water Resources Commission adopting the revised strategy by
reference in rule. + }
' { + SECTION 2. + } { + (1) The Water Resources Department
shall, working closely with the Department of Environmental
Quality and the State Department of Fish and Wildlife, submit a
report by February 1, 2011, to the Seventy-sixth Legislative
Assembly, in the manner provided in ORS 192.245, detailing
benchmarks and progress toward the development of the integrated
state water resources strategy described in ORS 536.220 and
discussing whether the strategy will be complete by December 31,
2012.
' (2) As part of the report specified in subsection (1) of this
section, the Water Resources Department, working closely with the
Department of Environmental Quality and the State Department of
Fish and Wildlife and in consultation with other state agencies,
may identify legislative amendments and submit budget
recommendations, including but not limited to requests for a
long-term, dedicated funding source to implement the integrated
state water resources strategy. + } ' .
----------