68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
House Bill 3212
Sponsored by Representative TARNO
CHAPTER ................
AN ACT
Relating to protection of fish from water diversions; creating
new provisions; amending ORS 496.300, 498.248, 498.256,
498.262, 498.274 and 509.615 and sections 2, 5, 6 and 15,
chapter 858, Oregon Laws 1991, and section 11, chapter 478,
Oregon Laws 1993; repealing ORS 498.252 and sections 12 and 13,
chapter 858, Oregon Laws 1991; appropriating money; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. Section 2, chapter 858,
Oregon Laws 1991, as amended by section 4, chapter 478, Oregon
Laws 1993, is amended to read:
{ + Sec. 2. + } { - Notwithstanding ORS 498.248 and
509.615, during the period beginning July 1, 1991, and ending
July 1, 1995, - } Any person who diverts water, at a rate of
less than 30 cubic feet per second, from any body of water in
this state in which any fish, subject to the { + State Fish and
Wildlife + } Commission's regulatory jurisdiction, exist may be
required to install, operate and maintain screening or by-pass
devices to provide adequate protection for fish populations
present at the water diversion in accordance with the following
provisions:
(1)(a) { - Within 180 days after the effective date of this
section, - } The State Department of Fish and Wildlife shall
establish a cost-sharing program to implement the installation of
screening or by-pass devices on not less than { - 20 nor more
than - } 75 water diversions { + referred to in this section + }
{ - prior to July 1, 1993 - } { + per year + }. The department
shall select the water diversions to be screened from the
priority listing of diversions established
{ - pursuant to section 8, chapter 933, Oregon Laws 1989.
However, no person shall be required to install more than one
device in any single biennium. - } { + by the department and
reviewed by the Fish Screening Task Force. The installation of a
screening or by-pass device may be required only when:
(A) Fewer than 75 persons per year volunteer to request such
installation on the diversions for which they are responsible; or
(B) The Fish Screening Task Force has reviewed and approved the
department's request to require installation of screening or
by-pass devices in order to complete the screening of a stream
system or stream reach. + }
(b) The limitations on the number of diversions to be screened
as provided in this section and section 5, chapter 858, Oregon
Laws 1991, do not prevent the installation of fish screening and
by-pass devices for diversions by persons responsible for
diversions who are willing to pay the full cost of installing
fish screening and by-pass devices.
(2) When selecting diversions to be equipped with screening or
by-pass devices, the department shall attempt to solicit persons
who may volunteer to request the installation of such devices on
the diversions for which they are responsible. When selecting
diversions to be equipped with screening or by-pass devices, the
department shall select those diversions that will provide
protection to the greatest number of indigenous naturally
spawning fish possible.
(3) If the department constructs and installs the by-pass or
screening device, a fee shall be assessed against the person
responsible for the diversion in an amount that does not exceed
$5,000 or { - one-third - } { + 40 percent + } of the
construction and installation cost of the devices, whichever
amount is the lesser. The fee shall be paid into the Fish
Screening Subaccount. If the person responsible for the diversion
constructs and installs the by-pass or screening device, the
person shall be reimbursed from the Fish Screening Subaccount in
an amount that does not exceed $10,000 or { - two-thirds - }
{ + 60 percent + } of the actual construction and installation
costs of the device, whichever amount is the lesser.
(4) The department's cost of { + major + } maintenance { - ,
cleaning - } and repair of screening or by-pass devices shall be
paid from the Fish Screening Subaccount.
(5) The department is responsible for { - reasonable - }
{ + major + } maintenance { - , cleaning - } and repair of
screening or by-pass devices, and if failure by the department to
{ - maintain, clean - } { + perform major maintenance on + }
or repair such devices results in damage or blockage to the water
diversion on which the devices have been installed, the person
responsible for the water diversion shall give written notice of
such damage or blockage to the department. If within seven days
of the notice, the department fails to take appropriate action to
{ - maintain, clean - } { + perform major maintenance on + }
or repair the devices, and to repair any damage that has
occurred, the person responsible for the water diversion may
remove the device. If an emergency exists that will result in
immediate damage to livestock or crops, the person responsible
for the water diversion may remove the screening or by-pass
device. { + A person required to comply with this section shall
be responsible for minor maintenance and shall, in a timely
manner, notify the department of the need for activities
associated with major maintenance. + }
(6) A person required to comply with this section may design,
construct and install screening or by-pass devices adequate to
prevent fish from leaving the body of water and entering the
diversion or may request the department to design, construct and
install such devices. However, if a person required to comply
with this section fails to comply within 180 days after notice to
comply by the department, the department shall design, install
and operate on that person's water diversion appropriate
screening or by-pass devices and shall charge and collect from
the person the actual costs thereof in an amount not to exceed
the average cost for diversions of that size.
(7) If the diversion requiring screening or by-pass devices is
located on public property, the department shall obtain from the
property owner approval or permits necessary for such devices.
Activities of the department pursuant to this section shall not
Enrolled House Bill 3212 Page 2
interfere with existing rights of way or easements of the person
responsible for the diversion.
(8)(a) The department { + or its agent + } shall have the
right of ingress and egress to and from those places where
screening or by-pass devices are required, doing no unnecessary
injury to the property of the landowner, for the purpose of
designing, installing, { - cleaning, maintaining - }
{ + inspecting, performing major maintenance on + } or repairing
such devices.
(b) If a screening or by-pass device installed by the
department must be removed or replaced due to inadequate design
or faulty construction, the person responsible for the diversion
shall bear no financial responsibility for its replacement or
reconstruction.
(c) If a screening or by-pass device installed by the person
responsible for the diversion must be removed or replaced due to
faulty construction, the person shall bear full financial
responsibility for its replacement or reconstruction.
{ + (d) If the person responsible for a diversion on which a
screening or by-pass device is installed fails to conduct
appropriate inspection and minor maintenance, the department may
perform such activities and charge and collect from the person
responsible a fee not to exceed $25 for each required visit to
the location of the screening or by-pass device. + }
(9) No person shall interfere with, tamper with,
damage { + , + } { - or - } destroy { + or remove in any
manner not associated with regular and necessary maintenance
procedures + } any screening or by-pass devices installed
pursuant to this section.
(10) The department may maintain an action to cover any costs
incurred by the department when a person who is required to
comply with this section fails to comply. Such action shall be
brought in the district or circuit court for the county in which
the water diversion is located.
(11) Upon receiving notice from the department to comply with
this section, a person responsible for a water diversion may be
excused from compliance if the person demonstrates to the Fish
Screening Task Force that:
(a) The installation and operation of screening or by-pass
devices would not prevent appreciable damage to the fish
populations in the body of water from which water is being
diverted.
(b) Installation and operation of screening or by-pass devices
would not be technically feasible.
(c) Installation of screening or by-pass devices would result
in undue financial hardship.
(12)(a) Not later than January 1, { - 1992 - }
{ + 1996 + }, the department, with the assistance of the Fish
Screening Task Force and the Water Resources Department, shall
establish and publish
{ - a - } { + an updated + } priority listing of 3,500 water
diversions in the state that should be equipped with screening or
by-pass devices.
{ - Additions - } { + Changes + } may be made to the list
whenever deletions are made for any reason. The priority listing
shall include the name and address of the person currently
responsible for the water diversion, the location of the
diversion, size of the diversion, type of screening or by-pass
device required, estimated costs for construction and the
installation of screening or by-pass devices for the individual
Enrolled House Bill 3212 Page 3
diversion and species of fish present in the water body. When
developing the priority listing, the department shall base
priorities for the installation of screening or by-pass devices
on unscreened diversions on the following criteria:
(A) Fish species status.
(B) Fish numbers.
(C) Fish migration.
(D) Diversion size.
(E) Diversion amount.
(F) Any other criteria that the department, in consultation
with the Fish Screening Task Force, considers appropriate.
(b) Criteria identified in this subsection shall be given
appropriate consideration by the department when
{ - completing - } { + updating + } its priority listing. The
priority list will be
{ - developed - } { + updated + } to give the highest
priority to those diversions that save the greatest number of
fish and simultaneously protect the greatest number of threatened
or endangered fish species.
(c) After the priority list has been { - completed - }
{ + updated + }, the persons responsible for the diversions on
the list shall be notified that their diversion appears on the
the list. Such persons also shall be furnished a description of
the fish screening program.
{ + (d)(A) The department shall notify, by means of
registered mail, each person responsible for the first 250
diversions on the priority listing on or before January 1, 1996.
The department shall furnish information regarding the fish
screening program to each person responsible for a diversion
included in the first 250 diversions on the priority listing on
or before January 1, 1996. No person shall be required to
install a screening or by-pass device unless previously notified
by the department of the requirement to install such devices.
(B) On or before January 1, 1998, and each even-numbered year
thereafter, the department will notify each person responsible
for the first 250 diversions on the priority listing. However,
the department is not required to notify in a subsequent year any
person previously notified. The department shall include with
such notification, information regarding the fish screening
program to each person responsible for a diversion included in
the first 250 diversions on the priority listing.
(C) Before any person is required to install a screening or
by-pass device on a diversion of less than 30 cubic feet per
second, the department shall confirm the need for the screening
device through a visual, on-site inspection by appropriate staff
of the fish screening division of the department, or a district
biologist of the department. + }
(13) As used in this section:
(a) 'Behavioral barrier' means a system that utilizes a
stimulus to take advantage of natural fish behavior to attract or
repel fish. A behavioral barrier does not offer a physical
impediment to fish movement, but uses such means as electricity,
light, sound or hydraulic disturbance to move or guide fish.
(b) 'Body of water' includes { + but is not limited to + }
irrigation ditches, reservoirs, stock ponds and other
artificially created structures or impoundments.
(c) 'By-pass device' means any pipe, flume, open channel or
other means of conveyance that transports fish back to the body
of water from which the fish were diverted { + but does not
include fishways or other passages around a dam + }.
Enrolled House Bill 3212 Page 4
(d) 'Fish screen' means a screen, bar, rack or other barrier,
including related improvements necessary to insure its effective
operation, to provide adequate protection for fish populations
present at a water diversion.
{ + (e) 'Major maintenance' means all maintenance work done
on a fish screening or by-pass device other than minor
maintenance.
(f) 'Minor maintenance' means periodic inspection, cleaning and
servicing of fish screening or by-pass devices at such times and
in such manner as to ensure proper operation of the screening or
by-pass device. + }
{ - (e) - } { + (g) + } 'Screening device' means a fish
screen or behavioral barrier.
{ - (f) - } { + (h) + } 'Person' means any person,
partnership, corporation, association, municipal corporation,
political subdivision or governmental agency.
**************************** SECTION 2. Section 5, chapter 858,
Oregon Laws 1991, as amended by section 6, chapter 478, Oregon
Laws 1993, is amended to read:
{ + Sec. 5. + } { - (1) For the biennium beginning July 1,
1993, the State Department of Fish and Wildlife shall prepare as
part of its budget request a list of not less than 40 nor more
than 100 nonhydroelectric-related diversions of less than 30
cubic feet per second from the priority listing established
pursuant to section 2 (12)(a), chapter 858, Oregon Laws 1991,
that the department expects to be equipped with appropriate fish
screening or by-pass devices during the biennial period, together
with an estimate of project costs for the installation,
maintenance, operation and repair of such devices. Prior to
requiring the installation of any such devices, the department
must first obtain budget approval therefor from the Joint
Committee on Ways and Means. - }
{ - (2) - } For the biennium beginning July 1, 1995, the
State Department of Fish and Wildlife shall prepare as part of
its budget request a comprehensive { - ten-year - }
cost-sharing program to implement the installation of screening
or by-pass devices on the 3,000 top nonhydroelectric diversions
of less than 30 cubic feet per second on the priority listing
established pursuant to section 2 (12)(a) { + or (d) + },
chapter 858, Oregon Laws 1991, together with an estimate of
project costs for the installation, maintenance, operation and
repair of such devices.
**************************** SECTION 3. Section 6, chapter 858,
Oregon Laws 1991, is amended to read:
{ + Sec. 6. + } (1) There is established within the State
Department of Fish and Wildlife the Fish Screening Task Force
consisting of seven members appointed by the { + State Fish and
Wildlife + } Commission.
(2) Three members shall be appointed to represent agricultural
interests, three shall be appointed to represent fishing or fish
conservation interests and one member shall be appointed to
represent the public. Members of the task force shall serve for
{ - terms ending July 1, 1995 - } { + two-year terms. No
member of the task force shall serve for more than three
consecutive two-year terms + }.
(3) A member of the task force shall receive no compensation
for services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and
employees, a member shall be reimbursed for actual and necessary
travel and other expenses incurred in the performance of official
Enrolled House Bill 3212 Page 5
duties from such moneys as may be available therefor in the State
Wildlife Fund.
(4) The task force shall meet at such times and places as may
be determined by the chair or by a majority of the members of the
task force.
(5) The duties of the task force are:
(a) To advise the department in the development of a
comprehensive cost-sharing program for the installation of fish
screening or by-pass devices in water diversions.
(b) To advise the department in establishing a stable and
equitable funding system for the installation and maintenance of
fish screening and by-pass devices.
(c) To advise the department in identifying sources and
applying for grants from local, state and federal governmental
agencies for funding the installation and maintenance of fish
screening and by-pass devices.
(d) To advise the department in monitoring fish screening
programs.
(e) To advise the department in a survey and study of fish
screening technology to determine the most cost-effective
alternatives for screening in the various situations that may be
encountered in the implementation of fish screening in this
state.
(f) To advise the department in preparing a report on the
capital costs and effectiveness of the program provided in
section 2 { + , chapter 858, Oregon Laws 1991. + } { - of this
1991 Act. An interim report shall be submitted to the
Sixty-seventh Legislative Assembly, and a final report shall be
submitted to the Sixty-eighth Legislative Assembly. - }
(g) To advise the department on the creation of the priority
criteria and the priority listing referred to in section 2 { +
(12)(a) or (d), chapter 858, Oregon Laws 1991. + } { - of this
1991 Act. - }
**************************** SECTION 4. Section 15, chapter
858, Oregon Laws 1991, as amended by section 4, chapter 619,
Oregon Laws 1993, is amended to read:
{ + Sec. 15. + } In addition to the fees otherwise prescribed
by law, the issuer of each of the following licenses shall charge
and collect each time the license is issued { - , during the
period beginning January 1, 1992, and ending December 31,
1995, - } a surcharge of 25 cents for each of the following
licenses:
(1) Resident combination license issued under ORS 497.132.
(2) Resident annual angling license issued under ORS 497.121
(1)(a).
(3) Resident annual juvenile angling license issued under ORS
497.121 (1)(f).
(4) Angling license to angle for one day issued under ORS
497.121 (1)(d).
(5) Nonresident annual angling license issued under ORS 497.121
(1)(b).
(6) Nonresident angling license to angle for seven consecutive
days issued under ORS 497.121 (1)(c).
**************************** SECTION 5. ORS 498.248 is amended
to read:
498.248. (1) Any person who diverts water { + , at a rate of 30
cubic feet per second or more, + } from any body of water in this
state in which game fish exist shall install, operate and
maintain, at the expense of the person, all fish screening or
by-pass devices that the { + State + } Department { + of Fish
Enrolled House Bill 3212 Page 6
and Wildlife + } determines necessary to prevent fish from
leaving the body of water and entering the diversion.
(2) Upon failure of any person to install, operate and maintain
fish screening or by-pass devices as required under subsection
(1) of this section, the department may install, operate and
maintain, at the expense of the responsible person, fish
screening or by-pass devices necessary to prevent fish from
leaving the body of water and entering the diversion.
(3) The department { + or its agent + } shall have the right
of ingress and egress to and from those places where the
department determines that fish screening or by-pass devices are
required, doing no unnecessary injury to the property of the
landowner, for the purpose of installing, { + inspecting, + }
maintaining and replacing such fish screening and by-pass
devices, and, if installed by a person under subsection (1) of
this section, to determine if such fish screening or by-pass
devices meet department requirements. The department may order a
person responsible under subsection (1) of this section to repair
or replace fish screening or by-pass devices found to be
noncomplying, at the expense of the responsible person.
(4) If the department considers the installation, operation,
maintenance, repair or replacement of fish screening or by-pass
devices under subsections (1) to (3) of this section necessary,
the department shall notify by certified mail the person who
diverts water of the action the person is required to take. The
person may request a hearing before the State Fish and Wildlife
Commission according to provisions of ORS 183.310 to 183.550.
(5) No person shall interfere with, tamper with, damage,
destroy or remove { + in a manner not associated with regular
and necessary maintenance procedures + } any fish screening or
by-pass device installed pursuant to this section.
(6) The department may maintain an action to recover any costs
the department incurs in installing, maintaining or replacing
fish screening or by-pass devices on behalf of a person
responsible under subsection (1) of this section. Such action
shall be brought in the district or circuit court for the county
in which the fish screening or by-pass devices are located.
(7) As used in this section:
(a) 'By-pass device' means any pipe, flume, open channel or
other means of conveyance that transports fish back to the body
of water from which the fish were diverted.
(b) 'Department' means the State Department of Fish and
Wildlife.
(c) 'Person' means any person, partnership, corporation,
association, municipal corporation, political subdivision or
governmental agency.
(d) 'Screening' means a screen, grating or other barrier and
related improvements or measures necessary to { - insure - }
{ + ensure + } efficient operation of the screening device, to
prevent the passage of fish from a body of water into a
diversion.
**************************** SECTION 6. ORS 509.615 is amended
to read:
509.615. (1) Any person who diverts water { + , at a rate of 30
cubic feet per second or more, + } from any body of water in this
state in which fish exist shall install, operate and maintain, at
the expense of the person, such fish screening or by-pass devices
that the { + State + } Department { + of Fish and Wildlife + }
determines are necessary to prevent fish from leaving the body of
water and entering the diversion.
Enrolled House Bill 3212 Page 7
(2) Upon failure of any person to install, operate and maintain
fish screening or by-pass devices as required under subsection
(1) of this section, the department may install, operate and
maintain, at the expense of the responsible person, fish
screening or by-pass devices necessary to prevent the fish from
leaving the body of water and entering the diversion.
(3) The department { + or its agent + } shall have the right
of ingress and egress to and from those places where the
department determines that fish screening or by-pass devices are
required, doing no unnecessary injury to the property of the
landowner, for the purpose of installing, { + inspecting, + }
maintaining and replacing such fish screening or by-pass devices,
and, if installed by a person under subsection (1) of this
section, to determine whether such fish screening and by-pass
devices meet department requirements. The department may order a
person responsible under subsection (1) of this section to repair
or replace fish screening or by-pass devices found to be
noncomplying, at the expense of the responsible person.
(4) If the department considers the installation, operation,
maintenance, repair or replacement of fish screening or by-pass
devices under subsections (1) to (3) of this section necessary,
the department shall provide formal notice or through record of
personal contact notifying the person who diverts water of the
action the person is required to take. The person may request a
hearing before the State Fish and Wildlife Commission according
to provisions of ORS 183.310 to 183.550.
(5) No person shall interfere with, tamper with, damage,
destroy or remove { + in a manner not associated with regular
and necessary maintenance procedures + } any fish screening or
by-pass devices in a manner not associated with regular and
necessary maintenance procedures.
(6) The department may maintain an action to recover any costs
the department incurs in installing, maintaining or replacing
fish screening or by-pass devices on behalf of a person
responsible under subsection (1) of this section. Such action
shall be brought in the district or circuit court for the county
in which the fish screening or by-pass devices are located.
(7) As used in this section:
(a) 'By-pass device' means any pipe, flume, open channel or
other means of conveyance that transports fish back to the body
of water from which the fish were diverted.
(b) 'Department' means the State Department of Fish and
Wildlife.
(c) 'Person' means any person, partnership, corporation,
association, municipal corporation, political subdivision or
governmental agency.
(d) 'Screening' means a screen, grating or other barrier and
related improvements or measures necessary to insure efficient
operation of the screening device to prevent the passage of fish
from a body of water into a diversion.
**************************** SECTION 7. ORS 496.300 is amended
to read:
496.300. (1) The State Wildlife Fund is established in the
State Treasury separate and distinct from the General Fund.
Except as otherwise provided by law, all moneys received by the
{ + State Fish and Wildlife + } Commission pursuant to the
wildlife laws, except such as may be required as a revolving fund
for payroll and emergency expenses, shall be paid into the State
Treasury and credited to the fund. Except as provided in
subsection (5) of this section, all moneys in the fund are
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appropriated continuously to the commission to carry out the
wildlife laws. Interest earnings on all moneys in the fund shall
be retained in the fund.
(2) All moneys received by the commission from the sale of
migratory waterfowl stamps shall be deposited in the State
Wildlife Fund.
(3) All moneys received by the commission from the sale of art
works and prints related to the migratory waterfowl stamp shall
be deposited in a separate subaccount in the State Wildlife Fund.
Moneys in the subaccount may be expended only for activities that
promote the propagation, conservation and recreational uses of
migratory waterfowl and for activities related to the design,
production, issuance and arrangements for sale of the migratory
waterfowl stamps and related art works and prints. Expenditures
of moneys in the subaccount may be made within this state, in
other states or in foreign countries, in such amounts as the
commission determines appropriate. Expenditures in other states
and foreign countries shall be on such terms and conditions as
the commission determines will benefit most directly the
migratory waterfowl resources of this state.
(4) The commission shall keep a record of all moneys deposited
in the State Wildlife Fund. The record shall indicate by separate
cumulative accounts the source from which the moneys are derived
and the individual activity or program against which each
withdrawal is charged.
(5)(a) The Fish Screening Subaccount is established in the
State Wildlife Fund. The subaccount shall consist of:
(A) All penalties recovered under ORS 536.900 to 536.920.
(B) All moneys received pursuant to section 2, chapter 858,
Oregon Laws 1991.
(C) All gifts, grants and other moneys from whatever source
that may be used to carry out the provisions of ORS 498.248,
509.615 and section 2, chapter 858, Oregon Laws 1991.
{ + (D) All moneys received from the surcharge on angling
licenses imposed by section 15, chapter 858, Oregon Laws
1991. + }
(b) All moneys in the subaccount are appropriated continuously
to the State Department of Fish and Wildlife to carry out the
provisions of ORS { + 315.138, + } 498.248, 509.615, 509.620 and
section 2, chapter 858, Oregon Laws 1991. { + However, moneys
received from the surcharge on angling licenses imposed by
section 15, chapter 858, Oregon Laws 1991, shall be expended only
to carry out the provisions of law relating to the screening of
water diversions at a rate less than 30 cubic feet per second.
(c) Of the moneys in the subaccount budgeted for administrative
expenses, up to 50 percent of that amount may be expended for
activities associated with the screening of diversions over 30
cubic feet per second and for fish passages issues. + }
{ - (6)(a) The Fish Screening Administration Subaccount is
established in the State Wildlife Fund. The subaccount shall
consist of all moneys received from the surcharge on angling
licenses imposed by section 15, chapter 858, Oregon Laws
1991. - }
{ - (b) All moneys in the subaccount are appropriated
continuously to the State Department of Fish and Wildlife to
carry out the provisions of ORS 315.138, 496.300, 498.252 and
498.276. - }
{ - (7) - } { + (6) + } The Fish Endowment Account is
established in the State Treasury, separate and distinct from the
General Fund. The account shall consist of transfers of moneys
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authorized by the Legislative Assembly from the State Wildlife
Fund and gifts and grants of moneys from whatever source for the
purpose of paying the expense of maintaining fish hatcheries
operated by the department. Interest earnings on moneys in the
account, but no portion of the principal, may be transferred to
the State Wildlife Fund and may be expended only for the
maintenance of fish hatcheries operated by the department.
{ - (8) - } { + (7) + } The Halibut Research Account is
created as a subaccount in the State Wildlife Fund. All moneys
received from the issuance of halibut tags pursuant to ORS
497.121 shall be credited to the account. Moneys in the account
may be expended only for halibut population studies and other
research.
**************************** SECTION 8. ORS 498.262 is amended
to read:
498.262. ORS 498.248 { + and section 2, chapter 858, Oregon
Laws 1991, + } { - does - } { + do + } not require the
installation of fish screening or by-pass devices in those water
diversions for which the { + State Fish and Wildlife + }
Commission, by contract or other form of agreement with the
person diverting the water, has made such other provision as the
commission determines is adequate for the protection of the game
fish in the body of water from which water is being diverted.
**************************** SECTION 9. ORS 498.274 is amended
to read:
498.274. The { + State Fish and Wildlife + } Commission may
maintain a suit to enjoin any person, including governmental
agencies of this state and political subdivisions of this state,
from violating the provisions of ORS 498.248 or 498.268 { + or
section 2, chapter 858, Oregon Laws 1991 + }. The circuit court
for any county in which are situated any waters in which any such
violations are threatened has jurisdiction of the suit authorized
by this section.
**************************** SECTION 10. ORS 498.256 is amended
to read:
498.256. (1) The State Department of Fish and Wildlife shall
establish guidelines to determine the need for and location of
potential fish screening and by-pass projects. The guidelines
shall include a plan to be used for determining priorities for
and expected costs of installing and maintaining the fish
screening and by-pass devices.
(2) Nothing in subsection (1) of this section { - and ORS
498.252 - } is intended to prevent the State Department of Fish
and Wildlife from expending federal or other funds if such funds
become available for the installation and maintenance of fish
screening and by-pass projects.
**************************** SECTION 11. { + ORS 498.252 and
sections 12 and 13, chapter 858, Oregon Laws 1991, are
repealed. + }
**************************** SECTION 12. { + The Fish
Screening Administration Subaccount is abolished. On the
effective date of this Act, all unexpended and unobligated moneys
in the Fish Screening Administration Subaccount are transferred
and appropriated to the Fish Screening Subaccount. + }
**************************** SECTION 13. { + Section 14 of
this Act is added to and made a part of ORS chapter 496. + }
**************************** SECTION 14. { + On or before
February 1 of each odd-numbered year, the State Department of
Fish and Wildlife shall provide to the Joint Committee on Ways
and Means a complete annual report regarding activities initiated
Enrolled House Bill 3212 Page 10
by the department in regard to the fish screening program. The
report shall include a complete budget analysis of all costs,
including in-kind costs associated with the program, the number
of screening or by-pass devices installed and the size of the
diversions on which such devices were installed. The budget
analysis shall identify all costs associated with the
construction and installation of screening or by-pass devices,
administrative costs and research and development costs
associated with the program. + }
**************************** SECTION 15. { + If this Act does
not become effective until after June 30, 1995, the repeal of
section 12, chapter 858, Oregon Laws 1991, by section 11 of this
Act revives sections 2 and 6, chapter 858, Oregon Laws 1991. If
this Act does not become effective until after June 30, 1995,
this Act shall be operative retroactively to that date, and the
operation and effect of sections 2 and 6, chapter 858, Oregon
Laws 1991, shall continue unaffected from June 30, 1995, to the
effective date of this Act and thereafter. Any otherwise lawful
action taken or otherwise lawful obligation incurred under the
authority of sections 2 and 6, chapter 858, Oregon Laws 1991,
after June 30, 1995, and before the effective date of this Act,
is ratified and approved. + }
**************************** SECTION 16. { + Notwithstanding
any other law, the limitation on expenditures established by
section 2, chapter ___, Oregon Laws 1995 (Enrolled House Bill
5003), for the biennium beginning July 1, 1995, as the maximum
limit for the payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, excluding lottery
funds, including federal funds from indirect cost recoveries,
collected or received by the State Department of Fish and
Wildlife, for the Fish Division to carry out the provisions of
this Act, is increased by $870,000. + }
**************************** SECTION 17. { + Notwithstanding
any other law, the limitation on expenditures established by
section 4, chapter ___, Oregon Laws 1995 (Enrolled House Bill
5003), for the biennium beginning July 1, 1995, as the maximum
limit for the payment of expenses from lottery funds allocated
from the Executive Department Economic Development Fund to the
State Department of Fish and Wildlife, for the Fish Division to
carry out the provisions of this Act, is increased by
$400,000. + }
**************************** SECTION 18. Section 11, chapter
478, Oregon Laws 1993, is amended to read:
{ + Sec. 11. + } (1) { - During the period beginning July
1, 1993, and ending July 1, 1995, - } Any two or more persons
other than public corporations, municipal corporations,
irrigation districts or owners of land served by the district,
public utilities or entities that provide utility service, who
install a screening or by-pass device on a water diversion, at a
point shared by those persons, with a rate of 30 cubic feet per
second or more, from any body of water in this state in which
fish exist that are subject to the { + State Fish and
Wildlife + } Commission's regulatory jurisdiction, may make
application to the { + State + } Department { + of Fish and
Wildlife + } for reimbursement of construction and installation
costs of such screening or by-pass device. Upon approval by the
department in conjunction with the Fish Screening Task Force,
reimbursement shall be made from the Fish Screening Subaccount
established pursuant to ORS 496.300. However, reimbursement shall
not exceed $10,000 or { - two-thirds - } { + 60 percent + }
Enrolled House Bill 3212 Page 11
of the actual construction and installation costs, whichever
amount is the lesser.
(2) The department, by rule, shall prescribe the form and
content of applications and the criteria for application
approval.
**************************** SECTION 19. { + This Act being
necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this
Act takes effect June 30, 1995. + }
----------
Enrolled House Bill 3212 Page 12
Passed by House June 5, 1995
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 7, 1995
...........................................................
President of Senate
Enrolled House Bill 3212 Page 13
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled House Bill 3212 Page 14