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 1849
Senate Bill 787
Sponsored by Senator DINGFELDER, Representative SHIELDS; Senators
MONROE, ROSENBAUM, Representative BAILEY
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.
Specifies requirements that municipal water use provider,
agricultural water user or agricultural water supplier must meet
to be eligible for funding for water supply development project.
Requires Water Resources Department to provide public notice of
applications for funding for water supply development projects.
Creates Water Supply Development Project Fund. Appropriates
moneys in fund to department for administration of provisions
related to water supply development projects.
A BILL FOR AN ACT
Relating to water; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds and declares
that:
(1) All water within Oregon belongs to the public pursuant to
ORS 537.110. Public accountability requires that before this
state spends public moneys on new water supply development
projects, existing water supplies must be managed responsibly.
(2) Responsible water management includes ensuring that basic
conservation, efficiency and management measures are being
implemented, if feasible, before public moneys are spent on new
water supply development projects. + }
SECTION 2. { + As used in sections 1 to 8 of this 2009 Act:
(1) 'Agricultural water supplier' means any public or private
entity that supplies water to one or more agricultural water
users.
(2) 'Agricultural water user' means any entity that uses or
supplies water for irrigating crops or watering livestock.
(3) 'Municipal water use provider' means any entity that
provides water that is used for ordinary municipal uses.
(4) 'State funding' means funding from the Water Resources
Department for a water supply development project.
(5)(a) 'Water supply development project' means any project
related to the development of a water supply system that will
have the effect, in whole or in part, of developing a new water
supply or increasing the capacity of an existing water supply.
(b) 'Water supply development project' does not include
projects related to the treatment of wastewater discharges or any
other projects meant to improve water quality. + }
SECTION 3. { + (1) To be eligible for state funding for a
water supply development project, a municipal water use provider
shall complete implementation of any water conservation measures
specified in rules adopted by the Water Resources Commission,
including but not limited to the following measures:
(a) Complete a water audit by December 31 of each calendar year
that employs a systematic and documented methodology for
estimating any unauthorized or unmetered uses of water.
(b) Ensure that water measuring devices are installed on all
water service connections.
(c) Implement a program to test and maintain water measuring
devices.
(d) Implement a rate structure in which the bills of customers
are based, at least in part, on the quantity of water metered at
water service connections.
(e) Conduct a regularly scheduled and systematic program to
detect leaks in water supply systems using methods and technology
appropriate to the size and capabilities of the municipal water
use provider in order to ensure that the annual leakage from the
water supply system does not exceed 10 percent of water metered
at water service connections.
(f) Conduct a public education program to encourage efficient
water use and communicate periodically with customers regarding
the municipal water use provider's conservation activities.
(g) Establish a systemwide leak repair program and line
replacement program in order to reduce leakage from the water
supply system to 15 percent, and if possible, to reduce the
leakage from the water supply system to 10 percent of water
metered at water service connections.
(h) Carry out technical and financial assistance programs to
encourage and aid residential, commercial and industrial
customers in implementation of water conservation measures.
(i) Carry out a program for the replacement of inefficient
water fixtures. The program must include the distribution of
residential water conservation kits and rebates for customer
investments in water conservation initiatives.
(j) Adopt rate structures, billing schedules and other programs
that support and encourage water conservation.
(k) Provide opportunities for water reuse and recycling.
(L) Submit a water demand forecast consistent with
professionally accepted methodologies.
(m) Implement any other feasible water conservation measures.
(2) A municipal water use provider that fails to meet a
requirement specified in subsection (1) of this section is
eligible for state funding if the Water Resources Department
finds, in accordance with the guidelines established pursuant to
section 7 of this 2009 Act, that one or more of the following
conditions exist:
(a) State funding is sought for the purpose of implementing the
requirement, and the municipal water use provider has an
implementation plan approved by the department that will ensure
that the requirement is met.
(b) Funding other than state funding has been secured to ensure
that the requirement will be implemented.
(c) Implementation of the requirement is not feasible or will
not reduce the use of water.
(3) The requirements of this section do not apply to state
funding for any water supply development project that costs less
than $10,000. + }
SECTION 4. { + (1) To be eligible for state funding for a
water supply development project, an agricultural water user
must:
(a) Implement full measurement of its existing water use;
(b) Demonstrate that full measurement of all water use related
to the water supply development project is scheduled and
financed;
(c) Conduct an analysis consistent with professionally accepted
methodologies demonstrating a need for the water to be provided
by the water supply development project; and
(d) Submit an inventory and assessment of the water
conservation and water efficiency measures that the agricultural
water user is implementing, including but not limited to those
related to agricultural water conservation elements specified in
rule by the Water Resources Commission.
(2) To be eligible for state funding for a water supply
development project, an agricultural water supplier must:
(a) Show that each agricultural water user to be served by the
water supply development project has implemented full measurement
of existing water use;
(b) Show that each agricultural water user to be served by the
water supply development project has implemented full measurement
of all water use related to the water supply development project
or demonstrate that such implementation is scheduled and
financed;
(c) Conduct an analysis consistent with professionally accepted
methodologies demonstrating a need for the water to be provided
by the water supply development project; and
(d) Submit an inventory and assessment, including an estimate
of projected savings, of the water conservation and water
efficiency measures the agricultural water supplier is
implementing, including but not limited to those related to
agricultural water conservation elements specified in rule by the
commission.
(3) An agricultural water user that fails to meet a requirement
specified in subsection (1)(a) or (b) of this section, or an
agricultural water supplier that fails to meet a requirement
specified in subsection (2)(a) or (b) of this section, is
eligible for state funding if the Water Resources Department
finds, in accordance with the guidelines established pursuant to
section 7 of this 2009 Act, that either of the following
conditions exists:
(a) State funding is sought for the purpose of implementing
water measurement and the department has approved an
implementation plan to ensure that the requirement is met; or
(b) Funding other than state funding has been secured to ensure
that the water measurement will be implemented.
(4) The requirements of this section do not apply to state
funding for any water supply development project that costs less
than $10,000. + }
SECTION 5. { + Sections 1 to 8 of this 2009 Act apply to all
water supply development projects that benefit an agricultural
water user or a municipal water use provider, even if the
applicant for state funding is not an agricultural water user or
a municipal water use provider. + }
SECTION 6. { + (1) After the Water Resources Department
receives an application for state funding for a water supply
development project, the department shall provide public notice
of the application in the manner the department determines to be
most appropriate, and allow 60 days for public comment before
determining whether the application meets the eligibility
requirements.
(2) The department shall make the results of its determination
under subsection (1) of this section available to the public in
the manner the department determines to be most appropriate. + }
SECTION 7. { + The Water Resources Commission shall establish
by rule guidelines related to the eligibility requirements and
exceptions specified in sections 3 and 4 of this 2009 Act. + }
SECTION 8. { + The Water Resources Commission may establish by
rule a schedule of fees for applicants for state funding for
water supply development projects under sections 1 to 8 of this
2009 Act sufficient to pay the costs of the Water Resources
Department in administering the provisions of sections 1 to 8 of
this 2009 Act. + }
SECTION 9. { + The Water Supply Development Project Fund is
established in the State Treasury, separate and distinct from the
General Fund. The Water Supply Development Project Fund consists
of fees received pursuant to section 8 of this 2009 Act. Interest
earned by the Water Supply Development Project Fund shall be
credited to the fund. Moneys in the fund are continuously
appropriated to the Water Resources Department for the purposes
of administering sections 1 to 8 of this 2009 Act. + }
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