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 2359
 
                         Senate Bill 740
 
Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
 
                             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.
 
  Provides for Water Resources Department to charge annual fee to
holders of water rights set forth in water right permit, water
right certificate or limited license, other than in-stream water
rights. Dedicates moneys collected from fee for purpose of Water
Resources Commission and Water Resources Department
administration and enforcement of certain provisions. Makes
failure to pay fee grounds for cancellation or revocation of
water right.
  Declares emergency, effective July 1, 2009.
 
                        A BILL FOR AN ACT
Relating to water rights; creating new provisions; amending ORS
  536.009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Water Resources Department shall charge
an annual fee of $100 to the holder of each water right set forth
in a water right permit, water right certificate or limited
license, other than an in-stream water right as defined in ORS
537.332. The department may not charge the holder of a water
right more than one fee annually for the water right, regardless
of the number of documents setting forth the water right.
  (2) Moneys collected from fees charged under subsection (1) of
this section shall be deposited to the Water Resources Department
Water Right Operating Fund.
  (3) If the holder of a water right permit, water right
certificate or limited license fails to pay a fee charged to the
holder under subsection (1) of this section, the department may
cancel the permit or certificate or revoke the limited license. A
cancellation or revocation under this subsection is subject to
the same notice and opportunity for hearing requirements as for
other department proceedings to cancel a water right permit or
water right certificate or to revoke a limited license. + }
  SECTION 2. ORS 536.009 is amended to read:
  536.009. (1) There is established in the State Treasury the
Water Resources Department Water Right Operating Fund, separate
and distinct from the General Fund, to provide for the payment of
the program and administrative expenses of the Water Resources
Commission and the Water Resources Department in carrying out the
provisions of ORS chapters 536, 537, 540 and 541. Interest earned
by the  { + Water Resources Department Water Right Operating + }
Fund shall be credited to the fund.
  (2) The fund shall consist of:
  (a) All moneys received under ORS 536.050 { + , + }
 { - and - }  537.747 { +  or section 1 of this 2009 Act + }.
  (b) All moneys received on behalf of the fund by gift, grant or
appropriation from whatever source.
   { +  (3) Notwithstanding subsection (1) of this section, the
commission and the department shall use moneys received under
section 1 of this 2009 Act only for the purpose of administering
and enforcing ORS 536.300, 536.310, 536.340, 536.410, 537.332 to
537.360, 540.010 to 540.130, 540.145, 540.210 to 540.260, 540.310
to 540.430 and 540.435. + }
    { - (3) - }  { +  (4) + } All moneys in the fund are
continuously appropriated to the Water Resources Department for
payment of expenses as described in this section.
  SECTION 3.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
                         ----------