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
 
                         Senate Bill 788
 
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 as
introduced.
 
  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.
 
                        A BILL FOR AN ACT
Relating to water.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds and declares
that:
  (1) Responsible water management in the 21st century requires
balancing water allocations for human use while at the same time
improving protections of peak and ecological flows.
  (2) To meet water demand now and in the future, water suppliers
are increasingly focusing on new water storage projects.  These
water storage projects rely on unallocated winter water, as water
in the late spring, summer and early fall is already fully
allocated.
  (3) High water flows and spring water runoff are important for
sustaining and supporting rivers and streams, as well as fish,
other species and communities.
  (4) To balance these various needs, Oregon must better
understand and protect the high water flows necessary to meet the
ecological needs of fish and other species and to create and
maintain in-stream habitat. Oregon also must protect the winter
and spring water flows necessary to support healthy fish
populations and to create and maintain healthy habitat conditions
in rivers and streams. + }
  SECTION 2. { +  As used in sections 1 to 3 of this 2009 Act:
  (1) 'Peak and ecological flows' means the high flows in a
stream or river that create and maintain stream morphology and
habitat and that provide the ecological triggering flows and
other flows that native fish populations and aquatic insects and
organisms need to fulfill their life cycles.
  (2) 'Water storage project permit' means any permit or limited
license issued by the Water Resources Department for water
storage above or below ground. + }
 
  SECTION 3.  { + (1) Before issuing a water storage project
permit, and on the basis of information submitted in studies by
the State Department of Fish and Wildlife, the Water Resources
Department shall ensure that the water storage project permit
contains conditions to ensure the protection of peak and
ecological flows necessary to maintain stream morphology and
habitat and to ensure the protection of other flows necessary for
the conservation, maintenance and enhancement of native fish
populations and aquatic insects and organisms.
  (2) The applicant for a water storage project permit is
responsible for funding any studies necessary under this section
to ensure protection of peak and ecological flows and other
flows.
  (3) The State Fish and Wildlife Commission shall develop
standards for studies conducted under this section.
  (4) If studies under this section are conducted by a party
other than the State Department of Fish and Wildlife, the State
Department of Fish and Wildlife shall evaluate the results of the
study and provide a report to the Water Resources Department
regarding the adequacy of the study. + }
  SECTION 4.  { + Sections 1 to 3 of this 2009 Act apply to water
storage project permits first applied for on or after the
effective date of this 2009 Act. + }
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