75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3236
A-Engrossed
House Bill 3454
Ordered by the House May 1
Including House Amendments dated May 1
Sponsored by COMMITTEE ON RULES
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.
{ - Modifies requirements for tapping water out of or
discharging water into irrigation canal or drainage ditch. - }
{ + Directs Water Resources Department to develop integrated
state water resources strategy. Specifies components to be
included in strategy. Requires department to review and update
strategy every five years. Requires department to give
Environmental Quality Commission notice before adopting original
strategy and any revisions of strategy.
Directs department to submit report on strategy to
Seventy-sixth Legislative Assembly by February 1, 2011. + }
A BILL FOR AN ACT
Relating to water control; 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,
Be It Enacted by the People of the State of Oregon:
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. + }
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