Bill Text: OR HB2010 | 2013 | Regular Session | Introduced

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Bill Title:

Spectrum: Unknown

Status: (Introduced - Dead) 2013-07-08 - At Speaker's Desk upon adjournment. [HB2010 Detail]

Download: Oregon-2013-HB2010-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 4052

                         House Bill 2010

Sponsored by Representative FREEMAN

                             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.

  Allows water right examiner to intervene as party or limited
party representing public interest in certain Water Resources
Department contested case proceedings without payment of fee.
  Limits period for nonparty executive department entity to
comment regarding proposed order in certain Water Resources
Department contested case proceedings.
  Requires that Water Resources Department proposed and final
orders address evidence presented by water right examiner
participating in certain contested case proceedings. Requires
Water Resources Department to afford opportunity for water right
examiner participating in certain contested case proceedings to
present, without payment of fee, rebuttal evidence in response to
comments submitted by nonparty executive department entity.

                        A BILL FOR AN ACT
Relating to Water Resources Department contested case
  proceedings.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  (1) As used in this section:
  (a) 'Executive department' has the meaning given that term in
ORS 174.112, but does not include the Water Resources Department
or the Water Resources Commission.
  (b) 'Water right examiner' means a person certified under ORS
537.798.
  (2) If the Water Resources Department conducts a contested case
proceeding regarding a new or existing appropriation of water, or
regarding a change in an appropriation of water, a water right
examiner may intervene as a party or limited party to the
proceeding for the purpose of representing the public interest by
presenting direct or rebuttal evidence regarding issues of fact
within the professional expertise of the water right
examiner. There is a conclusive presumption that a water right
examiner is qualified to represent the public interest in a
proceeding described in this subsection in a manner that could
reasonably affect the outcome. The ability of a water right
examiner to intervene as a party or limited party under this
subsection is in addition to any other ability of a water right
examiner to participate in a matter before the Water Resources
Department as provided by law.
  (3) If the Water Resources Department allows a nonparty
executive department entity to comment on a proposed order in a
contested case proceeding regarding a new or existing
appropriation of water, or regarding a change in an appropriation
of water, the Water Resources Department shall limit the comment
period for the nonparty executive department entity to 90 days.
  (4) If a water right examiner has participated in any capacity,
including but not limited to as a witness, party, limited party
or protestant, in a contested case proceeding regarding a new or
existing appropriation of water, or regarding a change in an
appropriation of water:
  (a) Any evidence presented by the water right examiner must be
specifically addressed and evaluated in the written findings and
conclusions of the proposed order and the final order. If the
proposed or final order is inconsistent with the evidence
presented by the water right examiner, the evaluation contained
in the written findings and conclusions must specify the reason
the evidence was not persuasive; and
  (b) The Water Resources Department shall treat any comments
submitted by a nonparty executive department entity regarding a
proposed order, including but not limited to any comments
suggesting conditions, requirements or limitations for an
appropriation, as an ex parte communication and allow the water
right examiner the opportunity to present rebuttal evidence in
response to the comments in the same manner as a party at a
limited hearing or in writing prior to the issuance of a final
order. The opportunity for a water right examiner to present
rebuttal evidence under this paragraph is independent of any
opportunity to comment or present rebuttal evidence afforded to
parties or others.
  (5) Notwithstanding ORS 536.050, the Water Resources Department
may not charge a water right examiner a fee:
  (a) To intervene as a party or limited party in a pending
proceeding as provided under subsection (2) of this section; or
  (b) To present rebuttal evidence under subsection (4)(b) of
this section. + }
  SECTION 2.  { + Section 1 of this 2013 Act applies to Water
Resources Department contested case proceedings commenced on or
after the effective date of this 2013 Act. + }
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