Bill Text: OR HB3165 | 2011 | Regular Session | Engrossed

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Bill Title: Relating to water right transfers for water stored in Willamette Basin federal storage projects; declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3165 Detail]

Download: Oregon-2011-HB3165-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1965

                           A-Engrossed

                         House Bill 3165
                  Ordered by the House April 27
            Including House Amendments dated April 27

Sponsored by Representative GILLIAM; Representative CLEM (at the
  request of Oregon Water Utility Council)

                             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.

    { - Imposes conditions on change of use for water in excess
of specified amount if water right authorizes storage of water in
federal storage project located in Willamette Basin. - }
   { +  Requires work group review of water right transfer
application to change purpose for which water is stored within
Willamette River Basin Project. Makes work group assembly
contingent on funding. Allows processing of applications without
work group review until cumulative total amount of stored water
affected by applications exceeds specified limit.
  Declares emergency, effective on passage. + }

                        A BILL FOR AN ACT
Relating to water right transfers for water stored in Willamette
  Basin federal storage projects; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section and ORS 542.110 and
section 2 of this 2011 Act, 'Willamette River Basin Project '
means:
  (a) The Fern Ridge Reservoir;
  (b) The Hills Creek Reservoir;
  (c) The Lookout Point Reservoir;
  (d) The Dexter Reservoir;
  (e) The Fall Creek Reservoir;
  (f) The Dorena Reservoir;
  (g) The Cottage Grove Reservoir;
  (h) The Cougar Reservoir;
  (i) The Blue River Reservoir;
  (j) The Green Peter Reservoir;
  (k) The Foster Reservoir;
  (L) The Detroit Reservoir; and
  (m) The Big Cliff Reservoir.
  (2) Subject to subsection (5) of this section, if a person
files a water right transfer application with the Water Resources
Department to change the purpose for which water is stored within
the Willamette River Basin Project, the Water Resources Director
shall assemble a work group of affected stakeholders and federal
agency representatives for the purpose of making a recommendation
to the Water Resources Commission as to the appropriate use of
the water.
  (3) The work group assembled by the director shall issue a
report containing the conclusions of the work group regarding
whether the application could be granted:
  (a) Without causing injury to existing water rights of record;
  (b) Without reducing the amount of natural flow, including but
not limited to released stored water, needed to satisfy existing
natural flow surface water rights of record; and
  (c) While equitably providing for water needed to satisfy
existing contract holders and water needed for present and future
in-stream and out-of-stream water needs within the Willamette
River basin, taking into consideration constraints on the
operations of the Willamette River Basin Project.
  (4) The department may not process an application under this
section until the commission has received and approved the report
of the work group.
  (5) The director may not assemble a work group under this
section unless the department has received sufficient funding for
the work group from a public or private source. + }
  SECTION 2.  { + Notwithstanding section 1 of this 2011 Act, the
Water Resources Department may process and grant water right
transfer applications to change the purposes for which water is
stored within the Willamette River Basin Project without a work
group being assembled or reporting to the Water Resources
Commission if the cumulative total amount of stored water for
which the purpose is changed under all applications granted by
the department under this section is not more than 500
acre-feet. + }
  SECTION 3.  { + Sections 1 and 2 of this 2011 Act apply to
water right transfer applications filed on or after the effective
date of this 2011 Act. + }
  SECTION 4.  { + Sections 1 and 2 of this 2011 Act are repealed
July 1, 2017. + }
  SECTION 5.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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