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 2394
Senate Bill 734
Sponsored by Senators THOMSEN, OLSEN; Senators BAERTSCHIGER JR,
BOQUIST, CLOSE, FERRIOLI, GEORGE, GIROD, HANSELL, KNOPP, KRUSE,
WHITSETT, WINTERS
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.
Classifies certain waters of Columbia River to be used for
specific purposes. Reserves specified amount of Columbia River
natural flows for in-state use and classifies for specific
purposes. Declares management policy for Columbia River. Imposes
duties and restrictions on state agencies and public corporations
regarding granting and regulation of water use in Columbia River
and tributaries. Grants Water Resources Commission rulemaking
authority.
A BILL FOR AN ACT
Relating to the beneficial use of Columbia River Basin waters.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds and declares
that:
(1) Except as provided in subsection (2) of this section, for
purposes of maximizing economic development of this state and
attaining an integrated and coordinated program for the benefit
of this state, the highest and best use of the waters of the
Columbia River from the Oregon-Washington border near river mile
309 to the confluence with the Pacific Ocean is in-stream use for
power development, navigation, recreation, wildlife and fish life
purposes.
(2) For purposes of maximizing economic development of this
state and attaining an integrated and coordinated program for the
benefit of this state as a whole, the highest and best use of 30
million acre-feet annually of natural flows of the Columbia River
is use exclusively within the State of Oregon for domestic,
livestock, municipal, mining, industrial, agricultural,
irrigation, pollution abatement, power development, recreation,
wildlife and fish life purposes. + }
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, the waters of the Columbia River from the
Oregon-Washington border near river mile 309 to the confluence
with the Pacific Ocean are classified exclusively for in-stream
use for power development, navigation, recreation, wildlife and
fish life purposes.
(2) Thirty million acre-feet annually of natural flows of the
Columbia River are classified exclusively for use within the
State of Oregon for domestic, livestock, municipal, mining,
industrial, agricultural, irrigation, pollution abatement, power
development, recreation, wildlife and fish life purposes.
(3) The Water Resources Commission may not accept or grant an
application for the use of water within this state or over which
this state has concurrent jurisdiction for a purpose that is not
described in the classifications established by this section,
unless the purpose is expressly authorized by law. If a use of
water for a purpose that is not described in the classifications
established by this section is expressly authorized by law, the
commission may grant an application for the use only if:
(a) The commission determines that the proposed use will not
have a significant impact on the use of water for the purposes
described in the classifications; and
(b) The commission provides the State Land Board and other
interested individuals or agencies a copy of the notice required
under ORS 536.380 of intent to grant the application.
(4) The planning, construction and operation of any structures
or works for the use of water for a purpose described in the
classifications established by this section shall conform with
the applicable provisions of ORS 536.310, including but not
limited to the preference for multiple purposes. + }
SECTION 3. { + (1) State agencies shall take all practicable
steps to ensure that power system planning and operation
agreements and procedures for mainstream federal projects in the
Columbia River include an express requirement that project
operators provide in-stream flows sufficient to support the use
of Columbia River waters for navigation, recreation, wildlife and
fish life purposes.
(2) State agencies shall take all practicable steps to ensure
that hydroelectric peaking operations for mainstream federal
projects in the Columbia River:
(a) Minimize adverse impacts on other beneficial uses of water;
(b) Do not exceed project limits on reservoir rates of change;
and
(c) Do not cause excessive reservoir fluctuations that
interfere with beneficial uses of water. + }
SECTION 4. { + (1) The Water Resources Department shall act as
coordinator for state efforts to effectively manage Columbia
River water for the highest and best use. The department shall
work with all appropriate state agencies to ensure that a
combination of additional storage development, wise use of
available ground water supplies and implementation of
cost-effective conservation measures are available to satisfy
future demands in the Columbia River Basin.
(2) Subject to section 5 of this 2013 Act, an agency or public
corporation of this state may not grant out-of-state
appropriations of waters of the Columbia River or its
tributaries. + }
SECTION 5. { + Sections 2 to 4 of this 2013 Act do not modify
or alter any right to use water, or alter or modify the priority
of that use, as the right exists on the effective date of this
2013 Act. + }
SECTION 6. { + The Water Resources Commission shall adopt
rules pursuant to ORS chapter 183 for the purpose of implementing
sections 2 to 4 of this 2013 Act. + }
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