75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 99
 
                         House Bill 3661
 
Sponsored by COMMITTEE ON ENVIRONMENT AND WATER
 
 
                             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.
 
  Reduces amount of ground water for single domestic use exempted
from registration, permit, certificate and other requirements.
Limits watering of lawns and noncommercial gardening areas by
inclusion in gallon limits for domestic use and use for single
industrial or commercial purpose. Authorizes Water Resources
Commission to adopt rules requiring person to obtain permit
before initiating certain otherwise exempted uses in area
classified or reclassified to limit new ground water use,
withdrawn from appropriation for nonexempt purposes or located in
designated critical ground water area.
  Applies to ground water use for exempted purpose initiated on
or after effective date of Act.
 
                        A BILL FOR AN ACT
Relating to exempt ground water uses; creating new provisions;
  and amending ORS 536.900, 537.545 and 540.045.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 537.545 is amended to read:
  537.545. (1)  { + Except as provided in subsection (2) of this
section, + } 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) - }  { +  (b) + } 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; - }
   { +  (c) Single domestic purposes in an amount not exceeding
5,000 gallons per day, including the watering of any lawn or
noncommercial garden areas that in total do not exceed one-half
acre;
  (d) Group domestic purposes in an amount not exceeding 15,000
gallons per day, including the watering of any lawn or
noncommercial garden areas that in total do not exceed one-half
acre; + }
  (e) Down-hole heat exchange purposes;
  (f) Any single industrial or commercial purpose in an amount
not exceeding 5,000 gallons   { - a day - }  { +  per day,
including the watering of any lawn or noncommercial garden areas
that in total do not exceed one-half acre + }; or
  (g) Land application,   { - so long as - }  { +  if + } 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 Water Resources Commission may require that a
person obtain a permit before initiating the use of ground water
for a purpose described in subsection (1) of this section, if the
source of ground water supply:
  (a) Has been classified or reclassified under ORS 536.340 to
limit new ground water uses;
  (b) Is subject to an order of withdrawal issued under ORS
536.410 that does not prohibit appropriation for the exempt
purpose; or
  (c) Notwithstanding subsection (1)(b) of this section, is
located in an area that has been designated as a critical ground
water area by a rule adopted under ORS 537.730. + }
    { - (2) - }  { +  (3) + } A ground water use for a purpose
that is exempt under subsection (1) of this section, to the
extent that 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) - }  { +  (4) + } 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 - }  { +  made of the
ground water + }. 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.
    { - (4) - }  { +  (5) + } 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) - }  { +  (6) + } 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 in accordance
with standards established by the department.
    { - (6) - }  { +  (7) + } The owner of land on which a well
described in subsection   { - (5) - }  { +  (6) + } of this
section is located shall file the exempt ground water use with
the Water Resources Department for recording. The filing must be
accompanied by the fee described in subsection   { - (7) - }
 { +  (8) + } of this section. The filing must be received by the
department no later than 30 days after the well is completed.
    { - (7) - }  { +  (8) + } The Water Resources Department
shall collect a fee of $300 for recording an exempt ground water
use under subsection
  { - (6) - }  { +  (7) + } 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 fund under
this subsection shall be used for the purposes of evaluating
ground water supplies, conducting ground water studies, carrying
out ground water monitoring, processing ground water data and the
administration and enforcement of this subsection and subsections
 { - (3), (5), (6) and (8) - }  { +  (4), (6), (7) and (9) + } of
this section.
    { - (8) - }  { +  (9) + } The Water Resources
Commission { + :
  (a) May adopt rules to implement, administer and enforce
subsection (2) of this section; and
  (b)  + }Shall adopt rules to implement, administer and enforce
subsections   { - (5) to (7) - }  { +  (6) to (8) + } of this
section.
  SECTION 2. ORS 536.900 is amended to read:
  536.900. (1) In addition to any other liability or penalty
provided by law, the Water Resources Commission may impose a
civil penalty on a person for any of the following:
  (a) Violation of any of the terms or conditions of a permit,
certificate or license issued under ORS chapters 536 to 543A.
  (b) Violation of ORS 537.130 or 537.535.
  (c) Violation of ORS 537.545   { - (5) or - }  (6)  { + or
(7) + } or of a rule described in ORS 537.545   { - (8) - }  { +
(9) + }.
  (d) Violation of any rule or order of the Water Resources
Commission that pertains to well maintenance.
  (e) Violation of ORS 540.045, 540.145, 540.210, 540.310,
540.320, 540.330, 540.340, 540.435, 540.440, 540.570 (5),
540.710, 540.720 and 540.730 or rules adopted under ORS 540.145.
  (2) A civil penalty may be imposed under this section for each
day of violation of ORS 537.130, 537.535, 540.045, 540.310,
540.330, 540.570 (5), 540.710, 540.720 or 540.730.
  (3) In the event the petitioner knowingly misrepresents the map
and petition required in ORS 541.329, the commission may assess a
penalty of up to $1,000 based upon guidelines to be established
by the commission. In addition, the petition and map shall be
amended to correct the error at the petitioner's cost.  Affected
users shall be given notice as provided in ORS 541.329 (5).
  (4) A civil penalty may not be imposed until the commission
prescribes a reasonable time to eliminate the violation. The
commission shall notify the violator of the time allowed to
correct a violation within five days after the commission first
becomes aware of the violation.
  (5) Notwithstanding any term or condition of a permit,
certificate or license, the rotation of the use of water under
ORS 540.150 may not be considered a violation under subsection
(1) of this section.
  SECTION 3. 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
 { - (4) - }  { +  (5) + }.
  (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 4.  { + The amendments to ORS 537.545 by section 1 of
this 2010 Act apply to the use of ground water for a purpose
described in ORS 537.545 (1) that is initiated on or after the
effective date of this 2010 Act. + }
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