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 1990
A-Engrossed
Senate Bill 788
Ordered by the Senate May 6
Including Senate Amendments dated May 6
Sponsored by Senator DINGFELDER, Representative SHIELDS; Senators
MONROE, ROSENBAUM, Representatives BAILEY, DEMBROW, WITT
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.
{ - Makes legislative findings regarding peak and ecological
flows. Requires Water Resources Department to ensure that water
storage project contains provisions to ensure protection of peak
and ecological flows necessary to maintain stream morphology and
habitat before department issues certain permits or limited
licenses. - }
{ + Imposes $250 recording fee for specified ground water
uses that are exempt from certain regulations. Requires Water
Resources Department to collect fee. Requires department to
deposit fee to credit of Water Resources Department Water Right
Operating Fund for specified purposes.
Requires owner of land on which well is drilled for ground
water use that is exempt from certain regulations to provide
department with map showing exact location of well. Specifies
procedures by which map must be provided.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to water; creating new provisions; amending ORS 537.545
and 540.045; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 537.545 is amended to read:
537.545. (1) No registration, certificate of registration,
application for a permit, permit, certificate of completion or
ground water right certificate under ORS 537.505 to 537.795 and
537.992 is required for the use of ground water for:
(a) Stockwatering purposes;
(b) Watering any lawn or noncommercial garden not exceeding
one-half acre in area;
(c) Watering the lawns, grounds and fields not exceeding 10
acres in area of schools located within a critical ground water
area established pursuant to ORS 537.730 to 537.740;
(d) Single or group domestic purposes in an amount not
exceeding 15,000 gallons a day;
(e) Down-hole heat exchange purposes;
(f) Any single industrial or commercial purpose in an amount
not exceeding 5,000 gallons a day; or
(g) Land application, so long as the ground water:
(A) Has first been appropriated and used under a permit or
certificate issued under ORS 537.625 or 537.630 for a water right
issued for industrial purposes or a water right authorizing use
of water for confined animal feeding purposes;
(B) Is reused for irrigation purposes and the period of
irrigation is a period during which the reused water has never
been discharged to the waters of the state; and
(C) Is applied pursuant to a permit issued by the Department of
Environmental Quality or the State Department of Agriculture
under either ORS 468B.050 to construct and operate a disposal
system or ORS 468B.215 to operate a confined animal feeding
operation.
(2) { - The use of - } { + A + } ground water { - for
a - } use { + for a purpose that is + } exempt under subsection
(1) of this section, to the extent that { - it - } { + the
use + } is beneficial, constitutes a right to appropriate ground
water equal to that established by a ground water right
certificate issued under ORS 537.700.
{ + (3) + } Except for the use of water under subsection
(1)(g) of this section, the Water Resources Commission by rule
may require any person or public agency using ground water for
any such purpose to furnish information with regard to such
ground water and the use thereof. For a use of water described in
subsection (1)(g) of this section, the Department of
Environmental Quality or the State Department of Agriculture
shall provide to the Water Resources Department a copy of the
permit issued under ORS 468B.050 or 468B.215 authorizing the land
application of ground water for reuse. The permit shall provide
the information regarding the place of use of such water and the
nature of the beneficial reuse.
{ - (3) - } { + (4) + } If it is necessary for the Water
Resources Department to regulate the use or distribution of
ground water, including uses { + for purposes that are + }
exempt under subsection (1) of this section, the department shall
use as a priority date for the exempt uses the date indicated in
the log for the well filed with the department under ORS 537.765
or other documentation provided by the well owner showing when
water use began.
{ + (5) The Water Resources Department shall collect a fee of
$250 for recording a ground water use for a purpose that is
exempt under subsection (1) of this section if the use is for one
or more of the purposes described in subsection (1)(b), (d) or
(f) of this section. Moneys from fees collected under this
subsection shall be deposited to the credit of the Water
Resources Department Water Right Operating Fund. Notwithstanding
ORS 536.009, moneys deposited to the operating fund under this
subsection shall be used only for the purposes of conducting
ground water studies, carrying out ground water monitoring and
the administration and enforcement of this subsection and
subsections (3), (6) and (7) of this section.
(6) Except as provided in this subsection, the owner of land on
which a well is drilled to allow ground water use for a purpose
that is exempt under subsection (1) of this section shall provide
the Water Resources Department with a map showing the exact
location of the well on the tax lot. The landowner shall provide
a map required by this subsection to the department no later than
30 days after the well is completed. The map must be prepared by
a licensed water well constructor, certified water right examiner
or registered land surveyor in accordance with standards
established by the department. A landowner is not required to
submit a map for a well that replaces an existing well.
(7) The commission shall adopt rules to implement, administer
and enforce subsection (6) of this section. + }
SECTION 2. ORS 540.045 is amended to read:
540.045. (1) Each watermaster shall:
(a) Regulate the distribution of water among the various users
of water from any natural surface or ground water supply in
accordance with the users' existing water rights of record in the
Water Resources Department.
(b) Upon the request of the users, distribute water among the
various users under any partnership ditch, pipeline or well or
from any reservoir, in accordance with the users' existing water
rights of record in the department.
(c) Divide the waters of the natural surface and ground water
sources and other sources of water supply among the canals,
ditches, pumps, pipelines and reservoirs taking water from the
source for beneficial use, by regulating, adjusting and fastening
the headgates, valves or other control works at the several
points of diversion of surface water or the several points of
appropriation of ground water, according to the users' relative
entitlements to water.
(d) Attach to the headgate, valve or other control works the
watermaster regulates under paragraph (c) of this subsection, a
written notice dated and signed by the watermaster, setting forth
that the headgate, valve or other control works has been properly
regulated and is wholly under the control of the watermaster.
(e) Perform any other duties the Water Resources Director may
require.
(2) When a watermaster must rely on a well log or other
documentation to regulate the use or distribution of ground
water, the regulation shall be in accordance with ORS 537.545
{ - (3) - } { + (4) + }.
(3) For purposes of regulating the distribution or use of
water, any stored water released in excess of the needs of water
rights calling on that stored water shall be considered natural
flow, unless the release is part of a water exchange under the
control of, and approved by, the watermaster.
(4) As used in this section, 'existing water rights of record'
includes all completed permits, certificates, licenses and ground
water registration statements filed under ORS 537.605 and related
court decrees.
SECTION 3. { + (1) ORS 537.545 (5) applies to the recording of
a water use for which a priority date is not established under
ORS 537.545 (4) prior to the effective date of this 2009 Act.
(2) ORS 537.545 (6) applies to wells completed on or after the
effective date of this 2009 Act. + }
SECTION 4. { + 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 on its
passage. + }
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