Bill Text: OR HB2810 | 2013 | Regular Session | Introduced

Oregon House Bill 2810 (Prior Session Legislation)

Bill Title: Relating to the transfer of interests in water.

Sponsorship: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2810 Detail]

Download: Oregon-2013-HB2810-Introduced.html



     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 2236

                         House Bill 2810

Sponsored by COMMITTEE ON ENERGY AND ENVIRONMENT

                             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.

  Directs Water Resources Department to establish program to
facilitate transfers of water rights or uses between properties
accessing same water source.

                        A BILL FOR AN ACT
Relating to the transfer of interests in water.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Water Resources Department shall
establish a program to facilitate the transfer of existing water
rights or uses between properties capable of accessing the same
aquifer, stream or other water source.
  (2) The department may acquire or transfer, or may facilitate
an acquisition or transfer of, all or part of an existing right
in or use of surface water, ground water, stored water or
reclaimed water from or to properties capable of accessing the
same aquifer, stream or other water source. A transfer under this
subsection may be by purchase, grant, donation, lease, contract
or other means, but may not be by condemnation. The department
shall make a water right or use acquired by the department under
this subsection available for purchase or other transfer to a
person on a temporary or permanent basis for beneficial use by
the person.
  (3) If a right or use is transferred under this section,
subject to subsection (4) of this section, the department shall
issue a new permit, certificate or other applicable document
reflecting the transfer. The terms and conditions of the
transferred right or use, including but not limited to the
priority date, shall be identical to the superseded permit,
certificate or other document unless the terms and conditions are
changed under a process described in ORS 540.510 or in
conformance with ORS 540.520 and 540.530. If the transfer is a
permanent transfer of a water right or use, the department may
issue a superseding water right permit, certificate or other
document in the name of the person acquiring the right.
  (4) The department may not issue a new permit, certificate or
other applicable document reflecting a transfer of a water right
or use under this section if the transfer would:
  (a) Cause injury to an existing water right that is not a part
of the transfer; or
  (b) Enlarge a water right or use or enlarge the sum of the
retained and transferred parts of a water right or use.
  (5) The department shall maintain a website showing water
rights or uses available for purchase or other transfer on a
temporary or permanent basis for beneficial use by a person
capable of accessing the same aquifer, stream or other water
source.
  (6) The department may condition the beneficial use of a
transferred water right or use under this section for the purpose
of protecting existing water rights or preventing enlargement of
a water right, or as required for consistency with state or
federal law. + }
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