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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Sponsorship: Unknown

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

Download: Oregon-2012-SB1513-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

SMRA to SB 1513

LC 293/SB 1513-MR6

                     SENATE MINORITY REPORT
                          AMENDMENTS TO
                        SENATE BILL 1513

                           February 16

President Courtney:
  A minority of your Committee on Environment and Natural
Resources, to whom was referred Senate Bill 1513, having had the
same under consideration, respectfully reports it back with the
recommendation that it do pass with the following amendments:

  In line 3 of the printed bill, delete the semicolon and delete
'repealing'.
  Delete lines 5 through 27 and insert:
  '  { +  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 + }.'.

                         /s/ Alan Olsen
                           Senator

                         /s/ Chuck Thomsen
                           Senator
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