68th OREGON LEGISLATIVE ASSEMBLY--1995 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 2242

                         House Bill 2395

Sponsored by Representative WELLS (at the request of Don Still)


                             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 use that is exempt from
requirement to obtain water right permit for single or group
domestic purposes to 500 gallons a day per domestic unit. Applies
to all wells commencing water use on or after effective date of
Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to ground water; creating new provisions; amending ORS
  537.545; 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) Except as provided in subsection (4) 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) 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 - }   { + Single-unit residence + }
domestic purposes in an amount not exceeding   { - 15,000 - }
 { + 500 + } gallons a day  { + or multiple-unit residence
domestic purposes in an amount not exceeding the equivalent of
500 gallons a day multiplied by the number of units in the
residence + };
  (e) Down-hole heat exchange purposes; or
  (f) Any single industrial or commercial purpose in an amount
not exceeding 5,000 gallons a day.
  (2) The use of ground water for a use exempt under subsection
(1) of this section, to the extent that it is beneficial,
constitutes a right to appropriate ground water equal to that
established by a ground water right certificate issued under ORS
537.700. The Water Resources Commission 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.
  (3) If it is necessary for the Water Resources Department to
regulate the use or distribution of ground water, including uses
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.
  (4) After declaration of a ground water management area, any
person intending to make a new use of ground water that is exempt
under subsection (1) of this section shall apply for a ground
water permit under ORS 537.505 to 537.795 and 537.992 to use the
water. Any person applying for a permit for an otherwise exempt
use shall not be required to pay a fee for the permit.
  SECTION 2.  { + (1) The amendment to ORS 537.545 by section 1
of this Act shall apply to wells commencing water use on or after
the effective date of this Act as determined by the log filing
required under ORS 537.765 or, if no filing is made, by other
documentation provided by the well owner showing when water use
began.
  (2) The amendment to ORS 537.545 by section 1 of this Act shall
apply to the alteration of an existing well. However, no flow
amount stated in the pre-alteration log filing for the well shall
be removed from exemption. + }
  SECTION 3.  { + 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 on its
passage. + }
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