Bill Text: OR SB199 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the transfer of water rights to in-stream use.
Sponsorship: Unknown
Status: (Passed) 2013-05-24 - Effective date, January 1, 2014. [SB199 Detail]
Download: Oregon-2013-SB199-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 199
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Water Resources Department)
CHAPTER ................
AN ACT
Relating to the transfer of water rights to in-stream use;
creating new provisions; amending ORS 537.348; and repealing
section 3, chapter 205, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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. { + 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 { - such - } { + 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:
Enrolled Senate Bill 199 (SB 199-A) Page 1
(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 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. ORS 537.348, as amended by section 2, chapter 205,
Oregon Laws 2001, and section 1 of this 2013 Act, 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) - }
{ + (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 { - (6) - } { + (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.
{ - 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. - }
Enrolled Senate Bill 199 (SB 199-A) Page 2
{ - (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) - } { + (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.
{ - (5) - } { + (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.
{ - 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) - } { + (5) + } The department at any time may
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 3. { + The amendments to ORS 537.348 by section 2 of
this 2013 Act become operative on January 2, 2024. + }
SECTION 4. { + Section 3, chapter 205, Oregon Laws 2001, as
amended by section 1, chapter 355, Oregon Laws 2007, is
repealed. + }
SECTION 5. { + (1) The amendments to ORS 537.348 by section 1
of this 2013 Act apply to leases and lease renewals entered into
on or after the effective date of this 2013 Act.
(2) Notwithstanding the amendments to ORS 537.348 by section 2
of this 2013 Act, any lease or lease renewal allowing the split
use of water between an existing water right and an in-stream
water right during the same calendar year and having a term that
began before the operative date of the amendments to ORS 537.348
by section 2 of this 2013 Act may continue in effect until the
earlier of the expiration of the term or five years after the
operative date of the amendments to ORS 537.348 by section 2 of
this 2013 Act. This subsection does not allow the total period
for which a water right may be leased for the split use of water
during the same calendar year to exceed 10 years. + }
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Enrolled Senate Bill 199 (SB 199-A) Page 3
Passed by Senate March 4, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 9, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 199 (SB 199-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 199 (SB 199-A) Page 5
