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 2000

                         House Bill 2422

Sponsored by Representative BAUM, Senator JOHNSON;
  Representatives CLARNO, FISHER, GRISHAM, HAYDEN, JOHNSON,
  LEWIS, LUKE, LUNDQUIST, MARKHAM, MEEK, MONTGOMERY, NORRIS,
  QUTUB, REPINE, SCHOON, STARR, TARNO, TIERNAN, VANLEEUWEN,
  WELLS, WELSH, Senators ADAMS, BAKER, DERFLER, KINTIGH, SMITH,
  TIMMS


                             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.

  Grants water right permit to any person registering reservoir
if reservoir existed before January 1, 1993. Eliminates
requirement for examination by certified water right examiner.

                        A BILL FOR AN ACT
Relating to water rights for reservoirs.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Before ___, any person, public agency,
rural fire protection district formed pursuant to ORS 478.010 or
forest protection district formed pursuant to ORS 477.225 may
request that the Water Resources Commission issue a water storage
permit under ORS 537.211 for any reservoir in existence on or
before January 1, 1993, but not exempt under ORS 537.141 (1)(d).
The party requesting a permit under this section shall:
  (a) Submit a completed application for a permit for the water
use;
  (b) Pay fees equivalent to the fees required under ORS 536.050
for a permit to appropriate water;
  (c) Provide a map indicating the location of the water use; and
  (d) Provide evidence that the water use meets the requirements
of section 2 of this Act.
  (2) Except as provided in subsection (3) of this section:
  (a) Up to 10 reservoirs may be included in a single water
storage permit request under subsection (1) of this section if
all of the reservoirs are within the same ownership on contiguous
property and within the same drainage basin as defined by the
Water Resources Commission; or
  (b) For a rural fire protection district formed pursuant to ORS
478.010 or a forest protection district formed pursuant to ORS
477.225, up to 10 reservoirs may be included in a single water
storage permit request if all of the reservoirs are:
  (A) Within the boundaries of the rural fire protection district
or forest protection district;
  (B) Within the same drainage basin as defined by the Water
Resources Commission; and
  (C) An element of the district's fire protection system.
  (3) A person, public agency, rural fire protection district
formed pursuant to ORS 478.010 or forest protection district
formed pursuant to ORS 477.225 applying for a permit for a
reservoir that stores 9.2 acre-feet or more of water or that has
a dam 10 feet or more in height shall:
  (a) Submit a separate completed request for a permit for each
reservoir;
  (b) For each request, pay fees equivalent to the fees required
under ORS 536.050 for a permit to appropriate water;
  (c) Comply with the provisions of ORS 540.350 to 540.390; and
  (d) Provide evidence that the water use meets the requirements
of section 2 of this Act.
  (4) All fees received under this section shall be deposited in
the Water Resources Department Operating Account as described in
ORS 536.050 (3). + }
  SECTION 2.  { + (1) A permit for a water use may be issued
pursuant to a request under section 1 of this Act only if the use
is for a reservoir in existence on January 1, 1993, and otherwise
meets permit requirements.
  (2) Applications for a permit under section 1 of this Act must
be received by ___. The tentative priority date for an
application received by ___, shall be January 1, 1993.
  (3) The Water Resources Commission shall adopt by rule the
standard for the map required under section 1 (1) of this Act.
The commission shall not require the map to be prepared by a
water right examiner certified under ORS 537.798.
  (4) Notwithstanding the requirement for a survey set forth in
ORS 537.230, no survey of the appropriation is required for a
reservoir storing less than 9.2 acre-feet or with a dam less than
10 feet in height.
  (5) A water right certificate under ORS 537.250 may be issued
in lieu of a permit if:
  (a) The reservoir existed before January 1, 1993;
  (b) The records of the Water Resources Department provide
satisfactory documentation to describe the location and volume of
storage;
  (c) Modifications or alterations to the impoundment structure
are not required; and
  (d) The commission determines under subsection (1) of this
section that a reservoir would qualify for issuance of a
permit. + }
  SECTION 3.  { + Upon receipt of a request for a permit under
section 1 of this Act, the Water Resources Commission shall
determine whether the use meets the requirements of sections 1
and 2 of this Act. A reservoir included in a request submitted
under section 1 of this Act may continue to store water while the
application is reviewed by the commission. + }
  SECTION 4.  { + (1) If the Water Resources Commission
determines a use meets the requirements of sections 1 and 2 of
this Act, the request shall be approved and a permit of the same
character as that described in ORS 537.211 shall be issued to the
applicant.  The permit shall carry the same protections and
restrictions as any other water right issued by the commission.
  (2) A reservoir described in an application submitted under
section 1 of this Act shall be subject to regulation by the
commission if injury occurs to another water right with a
priority date earlier than January 1, 1993, as a result of a use
described in the application.
  (3) A certificate described under ORS 537.250 issued to a rural
fire protection district formed pursuant to ORS 478.010 or a
forest protection district formed pursuant to ORS 477.225 for the
use of maintaining a fire protection system shall be subject to
loss of right as provided in ORS 540.610 if, for five consecutive
years:
  (a) The district does not have access to the reservoir; or
  (b) Water is not stored in the reservoir.
  (4) If the commission determines that the use does not meet the
requirements of sections 1 and 2 of this Act, the commission
shall deny the request for a permit under section 1 of this
Act. + }
  SECTION 5.  { + (1) Except as provided in subsection (2) of
this section, upon submission of an application under section 1
of this Act, the Water Resources Commission shall not take any
enforcement action relating to the unlawful storage of water in a
reservoir included in the application.
  (2) The commission may take enforcement action for:
  (a) Any violation of dam safety requirements; and
  (b) Any violation of the regulatory requirements of the
commission under section 4 (2) of this Act. + }
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