Bill Text: OR HB3530 | 2013 | Regular Session | Introduced
Bill Title: Relating to the transfer of water rights to in-stream use.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3530 Detail]
Download: Oregon-2013-HB3530-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 3981
House Bill 3530
Sponsored by Representatives BENTZ, HOYLE; Representative CLEM
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.
Makes revocation or modification of order issued for split use
water lease mandatory if in-stream use of water under lease has
resulted in injury to existing water right.
A BILL FOR AN ACT
Relating to the transfer of water rights to in-stream use;
amending ORS 537.348.
Be It Enacted by the People of the State of Oregon:
SECTION 1. If Enrolled Senate Bill 199 becomes law, ORS
537.348, as amended by section 2, chapter 205, Oregon Laws 2001,
and section 1, chapter ___, Oregon Laws 2013 (Enrolled Senate
Bill 199), 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.
Except as provided in subsections (2) to (6) of this section, 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) Subject to subsections (3) to (6) of this section, 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 the lease, the use of the water right as
an in-stream water right shall be considered a beneficial use.
The term of the lease may not exceed five years. There is no
limitation on the number of times that the lease may be renewed.
However, the total period for which a water right may be leased
for split use as described in subsection (3) of this section may
not exceed 10 years regardless of the number of leases or
renewals of leases issued for the water right.
(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 water right during the same
calendar year, provided:
(a) The uses of the existing water right and the in-stream
water right 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 who has an existing water right and wishes to
lease the water right as described in subsection (2) of this
section must file a request and obtain department approval of the
lease. Upon receipt of the request, the department shall provide
notice of the request by inclusion in the weekly notice published
by the department. Any allegation of injury must be delivered to
the department no later than 21 days after publication of the
request in the weekly notice.
(5) After publishing notice of a request made under subsection
(2) of this section and allowing time for the delivery of
allegations of injury, the department shall issue an order
approving the request if the department finds that the leasing of
the water right for in-stream use can be effected without injury
to other existing water rights or can be conditioned to prevent
injury to other existing water rights. If the lease is for the
split use of water between the existing water right and the
in-stream water right during the same calendar year, the
conditions imposed in the order approving the request must
include, but need not be limited to, compliance with subsection
(3) of this section.
(6) The department at any time { - may - } { + shall + }
revoke or modify an order issued for a lease under subsection (2)
of this section if the department determines that the use of the
water right for in-stream use under the lease has resulted in
{ - or may result in - } injury to an existing water right.
SECTION 2. If Enrolled Senate Bill 199 becomes law, ORS
537.348, as amended by section 2, chapter 205, Oregon Laws 2001,
and sections 1 and 2, chapter ___, Oregon Laws 2013 (Enrolled
Senate Bill 199), 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.
Except as provided in subsections (2) to (5) of this section, 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) Subject to subsections (3) to (5) of this section, 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 the lease, the use of the water right as
an in-stream water right shall be considered a beneficial use.
The term of the lease may not exceed five years. There is no
limitation on the number of times that the lease may be renewed.
(3) A person who has an existing water right and wishes to
lease the water right as described in subsection (2) of this
section must file a request and obtain department approval of the
lease. Upon receipt of the request, the department shall provide
notice of the request by inclusion in the weekly notice published
by the department. Any allegation of injury must be delivered to
the department no later than 21 days after publication of the
request in the weekly notice.
(4) After publishing notice of a request made under subsection
(2) of this section and allowing time for the delivery of
allegations of injury, the department shall issue an order
approving the request if the department finds that the leasing of
the water right for in-stream use can be effected without injury
to other existing water rights or can be conditioned to prevent
injury to other existing water rights.
(5) The department at any time { - may - } { + shall + }
revoke or modify an order issued for a lease under subsection (2)
of this section if the department determines that the use of the
water right for in-stream use under the lease has resulted in
{ - or may result in - } injury to an existing water right.
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