Bill Text: OR SB1513 | 2012 | Regular Session | Engrossed

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Bill Title: Relating to water right leases that split water use between existing rights and in-stream rights.

Spectrum: Unknown

Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1513 Detail]

Download: Oregon-2012-SB1513-Engrossed.html

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     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 293

                         Minority Report

                           A-Engrossed

                        Senate Bill 1513
                Ordered by the Senate February 16
  Including Senate Minority Report Amendments dated February 16

Sponsored by nonconcurring members of the Senate Committee on
  Environment and Natural Resources: Senators OLSEN, THOMSEN

                             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.

    { - Eliminates sunset and continues in effect - }
 { + Extends sunset for + } provision conditionally allowing
water right lease to split use of water between existing right
and in-stream right within same year. { +  Subjects such
transfers to certain provisions related to transfer of water
rights. + }

                        A BILL FOR AN ACT
Relating to water right leases that split water use between
  existing rights and in-stream rights; amending ORS 537.348 and
  section 3, chapter 205, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 537.348 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  { - . - }  { + ; and
  (c) The term of the lease provision allowing the split use of
the water between the existing water right and the in-stream
water right during the same year is not more than five water or
calendar years.
  (4) A person who transfers all or a portion of a water right by
purchase, lease or gift under subsection (1) or (3) of this
section shall comply with the requirements for the transfer of a
water right under ORS 540.505 to 540.585. + }
  SECTION 2. ORS 537.348, as amended by section 2, chapter 205,
Oregon Laws 2001, 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 person who transfers all or a portion of a water
right by purchase, lease or gift under subsection (1) of this
section shall comply with the requirements for the transfer of a
water right under ORS 540.505 to 540.585. + }
  SECTION 3. Section 3, chapter 205, Oregon Laws 2001, as amended
by section 1, chapter 355, Oregon Laws 2007, is amended to read:
   { +  Sec. 3. + } The amendments to ORS 537.348 by section 2,
chapter 205, Oregon Laws 2001, become operative on January 2,
 { - 2014 - }  { +  2020 + }.
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