Bill Text: OR HB4101 | 2012 | Regular Session | Engrossed


Bill Title: Relating to Columbia River Basin water; declaring an emergency.

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4101 Detail]

Download: Oregon-2012-HB4101-Engrossed.html


     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 16

                           A-Engrossed

                         House Bill 4101
                Ordered by the House February 15
          Including House Amendments dated February 15

Sponsored by Representative MCLANE; Representatives HUFFMAN,
  JENSON, KENNEMER, SCHAUFLER, SHEEHAN, G SMITH, WAND, WHISNANT,
  Senator VERGER (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.

   { +  Makes findings regarding Columbia River Basin. + }
  Directs Water Resources Department to aggressively pursue
development of Columbia River Basin water resources.
    { - Establishes Columbia River Task Force to make
recommendations for new allocations of specified amounts of water
from sources within Columbia River Basin. Requires Water
Resources Commission to consider and take action on task force
recommendations. Requires commission to make written findings if
commission disapproves allocation recommendation or is unable to
make resources available in accordance with recommendation.
Requires commission to include findings in annual progress report
to interim committee of Legislative Assembly. Establishes
deadlines for commencement and completion of basin program
amendments necessary for allocation implementation. - }
    { - Sunsets task force on date of convening of 2014 regular
session. - }
    { - Establishes Columbia River Basin Water Supply Development
Account. Continuously appropriates moneys in account to Water
Resources Department and specifies uses of account moneys.
Assesses fee on new or additional withdrawals of Columbia River
Basin water for agricultural or industrial use. Provides for
deposit of fee to account. Eliminates fee on July 1, 2042. - }
   { +  Requires department to achieve specified minimum increase
in new water available for agricultural appropriation within
Columbia River Basin by specified date. Requires annual report
regarding progress toward minimum increase. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to Columbia River Basin water; and declaring an
  emergency.
  Whereas Oregon benefits greatly from production in the
agricultural industry; and
  Whereas Oregon has an interest in maintaining its aquifers and
maintaining sufficient flows in its rivers; and

  Whereas Oregon has an interest in ensuring and improving upon
the wise and efficient use of its water resources; and
  Whereas Oregon needs to increase the amount of acreage used for
agricultural production, particularly in the Columbia River
Basin; and
  Whereas an increase in agricultural production will result in
new jobs and economic activity in Oregon; and
  Whereas the Legislative Assembly desires that the Water
Resources Department prioritize the development of water supply
enhancement to ensure that Oregon realizes benefits from
agriculture, to protect Oregon interests regarding aquifers,
river flows and water uses and to meet the need for increased
agricultural production; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds and declares
that:
  (1) It is the policy of this state to enhance the available
supply of water in this state from Columbia River Basin sources
for consumptive and in-stream uses in order to promote the
economic welfare of the state.
  (2) Columbia River Basin water supports irrigated agriculture,
which is a traded sector export industry that generates revenue
from outside the state, resulting in substantial economic
benefits to residents of this state.
  (3) An increase in agricultural production will result in new
jobs and economic activity in this state, but the ability to
increase agricultural production is limited by a lack of
available Columbia River Basin water during the summer irrigation
season.
  (4) During the dry summer months, consumptive and in-stream
needs in the Columbia River Basin sometimes go unsatisfied.
  (5) This state must enhance its available water supplies by
increasing the storage of Columbia River Basin waters outside of
the irrigation season for use in meeting consumptive and
in-stream needs during the dry summer months. + }
  SECTION 2.  { + (1) The Water Resources Department shall, in
cooperation with other state agencies, aggressively pursue the
development of new water supplies for consumptive and in-stream
uses by the storage, conservation and reuse of Columbia River
Basin waters, including but not limited to increasing the amount
of new water available for agricultural appropriation within the
Columbia River Basin by a minimum of 100,000 acre-feet above 2011
levels.
  (2) In carrying out this section, the department and the state
agencies cooperating with the department shall consider new
mitigation options for new surface water diversions. + }
  SECTION 3.  { + The Water Resources Department shall:
  (1) Take all actions necessary and proper to achieve a minimum
100,000 acre-feet increase in new water available for
agricultural appropriation within the Columbia River Basin as
described in section 2 of this 2012 Act by December 31, 2018.
  (2) Report annually to the Legislative Assembly regarding
progress toward meeting the minimum 100,000 acre-feet increase
described in subsection (1) of this section. The department shall
make the final report under this subsection in the year that the
department achieves the minimum 100,000 acre-feet increase or
2019, whichever occurs first. + }
  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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