Bill Text: OR SB217 | 2013 | Regular Session | Introduced

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Bill Title: Relating to an annual management fee on water rights; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB217 Detail]

Download: Oregon-2013-SB217-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 659

                         Senate Bill 217

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)

                             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.

  Imposes annual management fee on water rights. Dedicates
management fee moneys for use in carrying out Water Resources
Department activities involving water rights management. Applies
for annual periods beginning July 1, 2013.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to an annual management fee on water rights; creating
  new provisions; amending ORS 536.009; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 536. + }
  SECTION 2.  { + (1) Subject to subsection (2) of this section,
an annual management fee of $100 is imposed on each primary or
supplemental water right held for waters of this state,
including, but not limited to, water rights held under a water
right permit or water right certificate. Each water right is
subject to a single management fee regardless of the number of
documents setting forth the water right.
  (2) Except as provided in this subsection, the total amount of
water right management fees that may be imposed under this
section on a single water right holder for an annual period may
not exceed $1,000 regardless of the number of water rights held.
The limitation described in this subsection does not apply to a
water right holder that is a municipality or a provider of water
for municipal purposes.
  (3) The Water Resources Commission shall adopt rules providing
for the Water Resources Department to assess and collect the
water right management fee imposed under this section. Moneys
collected under this section shall be deposited into the Water
Resources Department Water Right Operating Fund.
  (4) If a water right management fee imposed under this section
is not paid when due, after providing the water right holder with
notice and opportunity for hearing under ORS chapter 183, the
department may issue an order for payment of the delinquent
amount and record the order with an appropriate county clerk
under ORS 205.125 as a lien against the property to which the
water right is appurtenant. + }
  SECTION 3. ORS 536.009 is amended to read:
  536.009. (1) There is established in the State Treasury the
Water Resources Department Water Right Operating Fund, separate
and distinct from the General Fund { + . + }  { - , to provide
for the payment of the program and administrative expenses of the
Water Resources Commission and the Water Resources Department in
carrying out the provisions of ORS chapters 536, 537, 540 and
541. - }  Interest earned by the  { + Water Resources Department
Water Right Operating + } Fund shall be credited to the fund.
  (2) The fund shall consist of:
  (a) All moneys received under ORS 536.050 and 537.747 { +  and
section 2 of this 2013 Act + }.
  (b) All moneys received on behalf of the fund by gift, grant or
appropriation from whatever source.
  (3)   { - All - }  Moneys in the fund are continuously
appropriated to the Water Resources Department   { - for payment
of expenses as described in this section. - }   { + to provide
for the payment of the program and administrative expenses of the
Water Resources Commission and the department in carrying out the
provisions of ORS chapters 536, 537, 540 and 541. However, moneys
deposited into the fund from water right management fees imposed
under section 2 of this 2013 Act may be used only to fund field,
technical and administrative activities of the department
involving water rights management, including, but not limited to,
the administration, maintenance and protection of the water right
permit and certificate system. + }
  SECTION 4.  { + (1) Section 2 of this 2013 Act first applies to
the period beginning July 1, 2013. If this 2013 Act does not
become effective until after July 1, 2013, the Legislative
Assembly intends that section 2 of this 2013 Act and the
amendments to ORS 536.009 by section 3 of this 2013 Act shall
apply retroactively to allow assessment and collection of the
water right management fee for the period beginning July 1, 2013.
  (2) No later than 90 days after the effective date of this 2013
Act, the Water Resources Commission shall adopt temporary rules
to enable the Water Resources Department to assess and collect
the water right management fees owed for the period beginning
July 1, 2013. + }
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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