Bill Text: OR HB2983 | 2011 | Regular Session | Engrossed

Oregon House Bill 2983 (Prior Session Legislation)

Bill Title: Relating to in-stream water right leases.

Sponsorship: Bipartisan Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2983 Detail]

Download: Oregon-2011-HB2983-Engrossed.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to A-Eng. HB 2983

LC 209/HB 2983-A5

                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2983

        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES

                             May 27

  On page 7 of the printed A-engrossed bill, line 39, after the
period delete the rest of the line and delete lines 40 and 41.
  On page 8, delete lines 10 through 37 and insert:
  '  { +  SECTION 4. + } ORS 537.348, as amended by section 3 of
this 2011 Act, is amended to read:
  ' 537.348. (1) Any person may purchase or lease all or a
portion of an existing water right or accept a gift of all or a
portion of an existing water right for conversion to an in-stream
water right. Any water right converted to an in-stream water
right under this section shall retain the priority date of the
water right purchased, leased or received as a gift. At the
request of the person the Water Resources Commission shall issue
a new certificate for the in-stream water right showing the
original priority date of the purchased, gifted or leased water
right. A person who transfers a water right by purchase, lease or
gift under this subsection shall comply with the requirements for
the transfer of a water right under ORS 540.505 to 540.585.
  ' (2) Any person who has an existing water right may lease all
or a portion of the existing water right for use as an in-stream
water right for a specified period without the loss of the
original priority date. During the term of such lease, the use of
the water right as an in-stream water right shall be considered a
beneficial use.
  ' (3) A lease of all or a portion of an existing water right
for use as an in-stream water right under subsection (2) of this
section may allow the split use of the water between the existing
water right and the in-stream right during the same water or
calendar year provided:
  ' (a) The uses are not concurrent; and
  ' (b) The holders of the water rights measure and report to the
Water Resources Department the use of the existing water right
and the in-stream water right.
  ' (4) A person applying for the renewal of an in-stream water
right lease and seeking to qualify under ORS 536.050
 { - (3)(b) - }  { +  (2)(b) + } for exemption from the renewal
fee must provide with the renewal application a sworn statement
that the person is not receiving compensation under the lease.
The statement must be in a form acceptable to the department. A
person who has an in-stream water right lease and under ORS
536.050   { - (3)(b) - }  { +  (2)(b) + } has not paid a renewal
fee for the lease must notify the department of any temporary or
permanent change to the lease no later than one year before the
change occurs.'.
  On page 9, line 6, after the period delete the rest of the line
and delete lines 7 and 8.
                         ----------