Chapter 611 Oregon Laws 1999
Session Law
AN ACT
HB 3620
Relating to change in place
of use of water under water right permit; amending ORS 537.211.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 537.211 is amended to read:
537.211. (1) The approval of an application referred to in ORS
537.140 or 537.400 shall be set forth in a water right permit issued by the
Water Resources Department. The permit shall specify the details of the
authorized use and shall set forth any terms, limitations and conditions as the
department considers appropriate including but not limited to any applicable
condition required under ORS 537.289. A copy of the permit shall be filed as a
public record in the department. The permit shall be mailed to the applicant,
and upon receipt of the permit the permittee may proceed with the construction
of the necessary works and may take all action required to apply the water to
the designated beneficial use and to perfect the proposed appropriation.
(2) Except as provided in subsection [(5)] (6) of this
section, if an application under ORS 537.140 or 537.400 indicates that the
applicant does not have written authorization or an easement permitting access
to nonowned land crossed by the proposed ditch, canal or other work, the
department may issue a final order approving the application if the approval
includes a condition requiring the applicant to obtain such written
authorization, or easement or ownership of such land and to provide the
department with a copy of the written authorization, easement or evidence of
ownership.
(3) If an application referred to in ORS 537.140 or 537.400 is
rejected, the department shall enter a written order setting forth the reasons
for the rejection. The applicant shall take no action towards construction of
the works or use of the water. The department shall mail a copy of the order to
the applicant.
(4) The holder of a water right permit may change the point of
diversion, change the point of appropriation, change the point of diversion to
allow the appropriation of ground water or use the water on land to which the
right is not appurtenant if:
(a) The use of water on land to which the right is not
appurtenant, the change of point of diversion or the change in point of
appropriation does not result in injury to an existing water right;
(b) For a proposed change in the place of use of the water, the
land on which the water is to be used is owned or controlled by the holder of
the permit and is contiguous to the land to which the permit is appurtenant;
(c) All other terms of the permit remain the same, including
but not limited to the beneficial use for which the water is used and the
number of acres to which water is applied;
(d) Prior approval is obtained from the district if the water
is transported or conveyed by an irrigation district organized under ORS
chapter 545, a drainage district organized under ORS chapter 547, a water
improvement district organized under ORS chapter 552, a water control district
organized under ORS chapter 553 or a district improvement company or a
corporation organized under ORS chapter 554;
(e) The holder of the permit provides written notice to the
department at least 60 days before making any changes to the lands, point of
diversion or point of appropriation described in the permit;
(f) The holder of the permit complies with the publication
requirements of ORS 540.520 (4), if applicable;
(g) Diversion is provided with a proper fish screen, if
requested by the State Department of Fish and Wildlife; and
(h) For a request to transfer the point of diversion to allow
the appropriation of ground water, the proposed change meets the standards set
forth in ORS 540.531 (2).
(5) Notwithstanding the
requirements of subsection (4)(b) of this section, the holder of a water right
permit may change the place of use of all or any portion of water under the
permit to land that is not contiguous to the land to which the permit is
appurtenant if:
(a) The change to
noncontiguous land is in furtherance of mitigation or conservation efforts
undertaken for the purposes of benefiting a species listed as sensitive,
threatened or endangered under ORS 496.171 to 496.192 or the federal Endangered
Species Act of 1973 (16 U.S.C. 1531 to 1544), as determined by the listing
agency; and
(b) All other requirements
of subsection (4) of this section are met.
[(5)] (6) For an application made by or on
behalf of a public corporation, the department may issue a permit approving the
application without requiring the applicant to obtain prior written
authorization or an easement permitting access to nonowned lands affected by
the proposed project. However, nothing in this subsection shall be construed to
allow any person to trespass on the lands of another person.
[(6)] (7) When the department receives notice
under subsection (4)(e) of this section, the department shall publish the
notice in the department's weekly public notice of water right applications.
[(7)] (8) If the use of water under the
permit is for operation of a chemical process mine as defined in ORS 517.953:
(a) Review of the application and approval or denial of the
application shall be coordinated with the consolidated application process
under ORS 517.952 to 517.989. However, such review and approval or denial shall
take into consideration all policy considerations for the appropriation of
water as set forth in this chapter and ORS chapter 536.
(b) The permit may be issued for exploration under ORS 517.702
to 517.740, but the permit shall be conditioned on the applicant's compliance
with the consolidated application process.
(c) The permit shall include a condition that additional
conditions may be added to the use of water when a water right certificate is
issued, or when the use of water is changed pursuant to ORS 540.520 and 540.530
to use for a chemical process mine operation.
[(8)] (9) As used in this section,
"contiguous" includes land separated from the land to which a water
right is appurtenant by roads, utility corridors, irrigation ditches or
publicly owned rights of way.
Approved by the Governor
July 12, 1999
Filed in the office of
Secretary of State July 12, 1999
Effective date October 23,
1999
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