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 2769
 
                           A-Engrossed
 
                         Senate Bill 664
                 Ordered by the Senate April 29
           Including Senate Amendments dated April 29
 
Sponsored by Senator PROZANSKI
 
 
                             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.
 
    { - Authorizes expansion of - }   { + Expands + } pilot
project allowing temporary transfer of water rights.
  Extends sunset for pilot project.
 
                        A BILL FOR AN ACT
Relating to pilot project for temporary transfer of water rights;
  amending sections 23, 24 and 25, chapter 705, Oregon Laws 2003.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 23, chapter 705, Oregon Laws 2003, is
amended to read:
   { +  Sec. 23. + } (1) In order to increase district water
management flexibility, the Water Resources Department shall
establish a pilot project in which districts may temporarily
allow, for water uses subject to transfer, the use of water on
any land within the legal boundaries of the district established
pursuant to ORS chapter 545, 547, 552, 553 or 554.
  (2) The use of water on any land within the legal boundaries of
the district may be allowed if:
  (a) The rate and duty, and the total number of acres to which
water will be applied under the transfer, do not exceed existing
limits on the water use subject to transfer;
  (b) The type of use authorized under the water use subject to
transfer remains the same; and
  (c) The land from which the water use is being transferred does
not receive any water under the right being transferred during
the irrigation season in which the change is made.
  (3) The department shall allow the pilot project to be
implemented in the Talent Irrigation District, the Owyhee
Irrigation District { + , + }   { - and - }  the Tualatin Valley
Irrigation District { + , the Central Oregon Irrigation District,
the Swalley Irrigation District, the Westland Irrigation
District, the North Unit Irrigation District, the Arnold
Irrigation District, the Stanfield Irrigation District, the West
Extension Irrigation District, the Hermiston Irrigation District,
the Medford Irrigation District, the Sutherlin Water Control
District, the Santiam Water Control District and the Ochoco
Irrigation District + } or their successor   { - irrigation - }
 
districts. However, any district participating in the project
must:
  (a) Have defined state   { - irrigation - }  district
boundaries;
  (b) Have a management structure that can ensure that water is
applied only where the water use is authorized;
  (c) Not irrigate an area in any one irrigation season that
exceeds the maximum number of acres allowed to be irrigated under
the original water right;
  (d) Have a full and accurate measurement of the water
appropriated;
  (e) Have an accurate map identifying the location of authorized
use, by priority date, for   { - watermaster - }  review upon
request { +  and provide a copy of the map to the
watermaster + }; and
  (f) Have on file statements by any landowner affected by the
water use change indicating that the landowner agrees to the
change.
  (4) If any of the specified   { - irrigation - }  districts are
unable to participate in the project, the department may identify
another district for the project.
  (5) The department may require that use of water under the
pilot project cease and that the use revert to the use allowed
under the water right of record if the department determines
that:
  (a) The district does not meet the qualifications established
in subsection (3) of this section;
  (b) The water is being used in a manner that violates the
requirements in subsection (2) of this section; or
  (c) The changes made to the use of water would result in injury
to existing water rights or an enlargement of the original water
right.
  (6) Use of water under the pilot project constitutes a
beneficial use of water and does not constitute nonuse for
purposes of forfeiture under ORS 540.610.
  SECTION 2. Section 24, chapter 705, Oregon Laws 2003, as
amended by section 1, chapter 10, Oregon Laws 2007, is amended to
read:
   { +  Sec. 24. + } The Water Resources Department shall report
to the
  { - Seventy-fifth - }   { + Seventh-eighth + } Legislative
Assembly, no later than January 31,   { - 2009, - }
 { + 2015, + } on the operation of the pilot project established
under section 23, chapter 705, Oregon Laws 2003.
  SECTION 3. Section 25, chapter 705, Oregon Laws 2003, as
amended by section 2, chapter 10, Oregon Laws 2007, is amended to
read:
   { +  Sec. 25. + } Sections 22 and 23, chapter 705, Oregon Laws
2003, are repealed on June 30,   { - 2010 - }  { +  2016 + }.
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