Bill Text: OR HB3358 | 2013 | Regular Session | Introduced

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

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Bill Title: Relating to obligations for the mitigation of ground water usage in the Deschutes River Basin; declaring an emergency.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3358 Detail]

Download: Oregon-2013-HB3358-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 3470

                         House Bill 3358

Sponsored by Representative MCLANE

                             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.

  Allocates lottery moneys to Water Resources Department for
purpose of issuing grants to ensure meeting existing water
mitigation obligations in general zone within Deschutes River
Basin. Establishes qualifications for entity receiving grant.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to obligations for the mitigation of ground water usage
  in the Deschutes River Basin; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + There is allocated for the biennium beginning
July 1, 2014, from the Administrative Services Economic
Development Fund to the Water Resources Department, the amount of
$5 million for the purpose of issuing grants to ensure the
meeting of obligations existing on the effective date of this
2013 Act to mitigate ground water usage in general zones of
impact within the Deschutes River Basin. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Deschutes Basin ground water study area' has the meaning
given that term in ORS 540.531.
  (b) 'Ground water mitigation bank' means an entity that
acquires, holds and assigns credits for use in meeting mitigation
obligations in general zones of impact within the Deschutes River
Basin.
  (2) Moneys allocated under section 1 of this 2013 Act from the
Administrative Services Economic Development Fund shall be
deposited to the credit of the Water Resources Department Water
Right Operating Fund. Notwithstanding ORS 536.009, the Water
Resources Department may expend moneys deposited to the Water
Resources Department Water Right Operating Fund under this
section only for the purpose of issuing grants to ground water
mitigation banks to ensure the meeting of obligations existing on
the effective date of this 2013 Act to mitigate ground water
usage in general zones of impact within the Deschutes River
Basin.
  (3) Notwithstanding any project requirements established under
ORS chapter 541, the department may not require as a condition of
receiving a grant under this section that a ground water
mitigation bank study, demonstrate or commit to any benefit from
a project fully or partially funded with a grant made under this
section other than the benefit of creating, operating or building
the capacity of ground water mitigation banks in the Deschutes
Basin ground water study area.
  (4) The Water Resources Department shall ensure that a ground
water mitigation bank receiving grant funding under this section
is focused on the goal of creating a water supply fund of at
least $5 million for the purposes of:
  (a) Capitalizing the creation of 5,000 acre-feet of water for
use in meeting existing mitigation obligations in general zones
of impact within the Deschutes River Basin;
  (b) Leveraging the supply fund assets with funding for
restoration goals from the Oregon Watershed Enhancement Board,
the Department of Environmental Quality and the State Department
of Fish and Wildlife to mutually achieve the purposes of the
water supply fund and the restoration goals; and
  (c) Selling water to recapitalize the water supply fund and
assist the fund toward becoming self-sustaining. + }
  SECTION 3.  { + 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 July 1,
2013. + }
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