Bill Text: OR HB3557 | 2011 | Regular Session | Introduced

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Bill Title: Relating to water.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3557 Detail]

Download: Oregon-2011-HB3557-Introduced.html

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     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 3401

                         House Bill 3557

Sponsored by Representative SCHAUFLER

                             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.

  Clarifies statutory references by substituting official titles
of Water Resources Director and Water Resources Department.

                        A BILL FOR AN ACT
Relating to water; amending ORS 537.132.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 537.132 is amended to read:
  537.132. (1) The provisions of ORS 537.130 requiring
application for a permit to appropriate water shall not apply to
the use of reclaimed water, if:
  (a) The use of reclaimed water is authorized by the national
pollutant discharge elimination system or water pollution control
facilities permit issued pursuant to ORS 468B.050 or 468B.053;
  (b) The Department of Environmental Quality, in reviewing an
application for a permit pursuant to ORS 468B.050 or 468B.053,
has consulted with the State Department of Fish and Wildlife on
the impact to fish and wildlife to determine that the application
of reclaimed water under ORS 537.130, 537.131, 537.132, 540.510
and 540.610 shall not have a significant negative impact on fish
and wildlife; and
  (c) The Department of Environmental Quality has determined the
use of reclaimed water is intended to improve the water quality
of the receiving stream.
  (2) Any person using or intending to use reclaimed water shall
file with the Water Resources Department a reclaimed water
registration form setting forth the following:
  (a) Name and mailing address of the registrant;
  (b) The date the use of reclaimed water is initiated;
  (c) Source of reclaimed water supply, including a description
of the location of the reclaimed water treatment facility and the
name and mailing address of the owner and operator of the
facility;
  (d) Nature of the use of the reclaimed water;
  (e) Amount of reclaimed water used or proposed to be used;
  (f) Location and description of the ditch, canal, pipeline or
any other conduction facility used or to be used to transport the
reclaimed water from the treatment facility to the place of use;
  (g) A statement declaring the existence of a written contract
or agreement to provide reclaimed water including the name and
address of the reclaimed water provider and the date and terms of
such contract or agreement;
  (h) A description of the season of use and the place of use of
the reclaimed water, and any restrictions applicable to the use
of the reclaimed water; and
  (i) If the reclaimed water is used in lieu of using water under
an existing water right, the application, permit and certificate
number of such right, or if the right is granted pursuant to a
decree of circuit court, the volume and page number setting forth
the right.
  (3) If a municipality has discharged waste water into a natural
watercourse for five or more years, and the discharge represents
more than 50 percent of the total average flow of the natural
watercourse and if such discharge would cease as a result of the
use of reclaimed water in accordance with the provisions of ORS
540.510 (3) and this section, the   { - director of the
department - }  { + Water Resources Director + } shall notify any
persons who, according to the  { + Water Resources + } Department
records, have a water right that may be affected by the cessation
of the discharge by the municipality.
  (4) If a person holding an affected water right demonstrates to
the department that the cessation of discharge by the
municipality substantially impairs the ability to satisfy a water
right, the person shall be entitled to a preference to the use of
the reclaimed water. However, the delivery of the reclaimed water
to the person claiming such preference shall be accomplished
through a conveyance facility or channel other than a natural
watercourse.
  (5) If a municipality has a less expensive alternative for the
disposal and distribution of the reclaimed water, the
municipality shall not be obligated to incur expenses or cost
beyond the expenses or costs of such alternative.
  (6) The Water Resources Commission shall adopt rules to
implement the notice and preference provisions and impairment
evaluation standards of this section.
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