Bill Text: OR HB2810 | 2011 | Regular Session | Introduced
Bill Title: Relating to applications for water right transfer.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2810 Detail]
Download: Oregon-2011-HB2810-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1533
House Bill 2810
Sponsored by Representative THATCHER (at the request of Steve
Schneider) (Presession filed.)
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.
Requires Water Resources Commission, upon finding that proposed
change in point of diversion will injure existing water rights,
to allow applicant reasonable opportunity to obtain and submit
affidavits from affected water right holders consenting to
change. Requires commission to grant proposed change upon
applicant obtaining and submitting affidavits unless change would
injure in-stream water right.
A BILL FOR AN ACT
Relating to applications for water right transfer; creating new
provisions; and amending ORS 540.530.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 540.530 is amended to read:
540.530. (1)(a) If, after hearing or examination, the Water
Resources Commission finds that a proposed change can be effected
without injury to existing water rights, the commission shall
make an order approving the transfer and fixing a time limit
within which the approved changes may be completed.
(b) If, after hearing or examination, the commission finds that
a proposed change in point of diversion cannot be effected
without injury to existing water rights, upon { - receipt by
the commission of an affidavit consenting to the change from
every holder of an affected water right, the commission may - }
{ + request of the applicant, the commission shall allow the
applicant a reasonable opportunity to obtain and submit
affidavits consenting to the change from all holders of affected
water rights. If the applicant obtains and submits the affidavits
and the proposed change in point of diversion would not cause
injury to an in-stream water right, the commission shall + } make
an order approving the transfer and fixing a time limit within
which the approved changes may be completed.
(c) If, after hearing or examination, the commission finds that
a proposed change in point of diversion cannot be effected
without injury to an in-stream water right granted pursuant to a
request under ORS 537.336 or an in-stream water right created
pursuant to ORS 537.346 (1), the Water Resources Department may
consent to the change only upon a recommendation that the
department do so from the agency that requested the in-stream
water right. The agency that requested the in-stream water right
may recommend that the department consent to the change only if
the change will result in a net benefit to the resource
consistent with the purposes of the in-stream water right.
(d)(A) If an in-stream water right would be injured by a
proposed change under paragraph (c) of this subsection, the
department shall obtain a recommendation from the agency that
requested the in-stream water right. If the recommendation of the
agency is to consent to the change, the department shall provide
public notice of the recommendation and, consistent with state
laws regarding cooperation with Indian tribes in the development
and implementation of state agency programs that affect tribes or
rights and privileges of tribes, the department shall consult
with affected Indian tribes.
(B) The recommendation of an agency under this paragraph must
be in writing and, if the recommendation is to consent to the
change, must describe the extent of the injury to the in-stream
water right, the effect on the resource and the net benefit that
will occur as a result of the proposed change. The recommendation
may include any proposed conditions that are necessary to ensure
that the proposed change will be consistent with the
recommendation.
(C) In determining whether a net benefit will result from the
proposed change, the recommendation of an agency must include an
analysis of the cumulative impact of any previous changes under
paragraphs (b) and (c) of this subsection that allow injury to
the affected in-stream water right.
(D) A person may comment on the recommendation of an agency.
The comment must be in writing and must be received by the
department within 30 days after publication of notice under this
paragraph. If a written comment received by the department
requests a meeting on the proposed change, the department and the
agency that requested the in-stream water right shall hold a
joint public meeting within 90 days of the receipt of the comment
requesting a meeting.
(e)(A) If, after review of public comments and consultation
with the agency that requested the in-stream water right, the
agency that requested the in-stream water right does not withdraw
its recommendation to consent to the change, the department may
approve the change consistent with the requirements of paragraphs
(b) and (c) of this subsection.
(B) An order approving a change under paragraph (c) of this
subsection shall include written findings on the extent of the
injury to the in-stream water right, the effect on the resource
and the net benefit that will occur as a result of the change.
The order shall include any conditions necessary to ensure that
the change will be consistent with the findings and ensure that
the change will result in a continued net benefit to the resource
consistent with the purposes of the in-stream water right.
(C) In determining whether a net benefit will result from the
change, the order of the department must include an analysis of
the cumulative impact of any previous changes approved under
paragraphs (b) and (c) of this subsection that allow injury to
the affected in-stream water right.
(f) The time allowed by the commission for completion of an
authorized change under paragraphs (a) to (e) of this subsection
may not be used when computing a five-year period of nonuse under
the provisions of ORS 540.610 (1).
(2)(a) If a certificate covering the water right has been
previously issued, the commission shall cancel the previous
certificate or, if for an irrigation district, the commission may
modify the previous certificate and, when proper proof of
completion of the authorized changes has been filed with the
commission, issue a new certificate or, if for an irrigation
district, modify the previous certificate, preserving the
previously established priority of rights and covering the
authorized changes. If only a portion of the water right covered
by the previous certificate is affected by the changes, a
separate new certificate may be issued to cover the unaffected
portion of the water right.
(b) If the change authorized under subsection (1) of this
section is necessary to allow a change in a water right pursuant
to ORS 537.348, is necessary to complete a project funded under
ORS 541.375, or is approved by the State Department of Fish and
Wildlife as a change that will result in a net benefit to fish
and wildlife habitat, the Water Resources Department, at the
discretion of the Water Resources Director, may waive or assist
the applicant in satisfying any of the proof of completion
requirements of paragraph (a) of this subsection. The assistance
provided by the department may include, but need not be limited
to, development of a final proof survey map and claim of
beneficial use.
(3) Upon receiving notification of the merger or consolidation
of municipal water supply entities, or the formation of a water
authority under ORS chapter 450, the commission shall cancel the
previous certificates of the entities replaced by the merger,
consolidation or formation and issue a new certificate to the
newly formed municipality or water authority. The new certificate
shall preserve the previously established priority of rights of
the replaced entities and shall allow beneficial use of the water
on any lands acquired in the merger, consolidation or formation.
SECTION 2. { + The amendments to ORS 540.530 by section 1 of
this 2011 Act apply to water right transfer applications for
which the Water Resources Commission issues a final order on or
after the effective date of this 2011 Act. + }
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