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  Summaries of the two House Bills (2564 and 2566) regarding water measurement of ALL wells and surface waters in Oregon, followed by House Bills 2564 + 2566.

Sent by Oregon Senator Doug Whitsett, District 28, 3/24/07

House Bill 2564, sponsored by the House Committee on Energy and the Environment, will require all water users to install and maintain devises to measure the rate and duty of water withdrawn or stored at the point of diversion.

This requirement to measure would include all surface and groundwater diversions including currently exempt uses such as domestic wells and stock water ponds. It would also require the measurement of all stored water regardless of the size of the impoundment.

The measurement requirement would apply to all water withdrawn or stored upon passage of the act, and on January 1, 2012 to all water withdrawn or stored before the passage of the act. The Oregon Water Resources Department would be authorized to require measurement of any water withdrawn or stored at any time after passage of the act.

House Bill 2566, sponsored by the House Committee on Energy and the Environment, will eliminate the exemption from requirement to register, certificate, or permit ground water appropriated after the passage of the act. This will effectively require the owner of every domestic well, stock water well, or other unregistered well to obtain a certificate before using the well.  The Oregon Water Resources Department estimates that this act will require obtaining water rights on at least 250,000 wells in Oregon.

Following hearings and work sessions the committee has not adopted any amendments to these proposed acts.

PLEASE contact these individuals to express your concern.   The individuals on the House committee that is hearing these bills  include: 
 
rep.jackiedingfelder@state.or.us     Committee Chairwoman (Democrat)    (503)986-1445
 
rep.chuckburley@.or.state.us                           (Republican)   (503) 986-1454
 
rep.bobjenson@or.state.us             Vice-Chair  (Republican)  (503) 986-1458
 
rep.terrybeyer@state.or.us                               (Democrat)    (503) 986-1412
 
repgregmacpherson@state.or.us                       (Democrat)   (503) 986-1438
 
bencannon@state.or.us                                    (Democrat)   (503) 986-1446
 
gregsmith@state.or.us                                     (Republican)  (503) 986-1457
 
additional e-mails and calls should be sent to:
jeffmerkley@state.or.us                  Speaker of the House  (Democrat)  (503) 986-1200
 
davehunt@state.or.us                     Majority Leader of the House of Representatives (503) 986-1900
 
 
74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1768

House Bill 2564

Sponsored by COMMITTEE ON ENERGY AND THE ENVIRONMENT

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.

Requires all water users to measure amounts of water withdrawn or stored. Applies to new water users on and after effective date of Act. Applies to existing water users on and after January 1,
2012. Allows Water Resources Commission to require water users to report water use measurements. Declares emergency, effective on passage.

A BILL FOR AN ACT Relating to measurement of water use; and declaring an emergency. Whereas the measurement and reporting of water use benefits all water users and is critical to the effective management of the water resources of this state; and Whereas the promotion of measurement and reporting of water use by all water users is a valuable public policy; and Whereas local, state and federal cooperation and coordination should be encouraged in order to provide financial support for water use measurement and reporting; now, therefore, Be It Enacted by the People of the State of Oregon: SECTION 1. { + Section 2 of this 2007 Act is added to and made a part of ORS chapter 537. + } SECTION 2. { + (1) As used in this section, 'water user' means any person who:
(a) Holds a water right permit issued under ORS 537.211 or a water right certificate issued under ORS 537.250;
(b) Holds a reservoir permit issued under ORS 537.400 or a water right certificate for a reservoir issued under ORS 537.407, or who stores water in a reservoir otherwise exempt under ORS
537.405;
(c) Holds a ground water certificate of registration issued under ORS 537.610, a ground water permit issued under ORS 537.625 or a ground water right certificate issued under ORS 537.630;
(d) Uses water pursuant to a registration statement filed under ORS 539.240 or holds a water right certificate issued under ORS
539.140;
(e) Uses water under a limited license issued under ORS
537.143; or
(f) Uses water otherwise exempt under ORS 537.545.
(2) All water users shall install water measurement devices that provide for measurement of the amount of water withdrawn or stored at the point of diversion and that allow for the determination of the rate and duty of water appropriated. The requirement imposed by this subsection is in addition to any requirement to measure the amount of water used that is imposed pursuant to ORS 390.835, 537.099 or 540.435.
(3) Any water user required to install a water measurement device under this section shall:
(a) Maintain the device in good working order for the period of water use; and
(b) Report water use to the Water Resources Department, in the manner prescribed in rules adopted by the Water Resources Commission. + } SECTION 3. { + (1) The requirement to install water measurement devices imposed by section 2 of this 2007 Act:
(a) Applies on and after the effective date of this 2007 Act to water users, as defined in section 2 of this 2007 Act, who first withdraw or store water on or after the effective date of this
2007 Act; and
(b) Applies on and after January 1, 2012, to water users, as defined in section 2 of this 2007 Act, who first withdraw or store water before the effective date of this 2007 Act.
(2) Notwithstanding subsection (1) of this section, the Water Resources Commission may require any water user to install water measurement devices on and after the effective date of this 2007 Act. + } SECTION 4. { + This 2007 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect on its passage. + }

===================================================

74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1767

House Bill 2566

Sponsored by COMMITTEE ON ENERGY AND THE ENVIRONMENT

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.

Eliminates exemption from requirement for registration, certificate or permit for certain uses of ground water appropriated on or after effective date of Act. Declares emergency, effective on passage.

A BILL FOR AN ACT Relating to exempt uses of ground water; amending ORS 537.545; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 537.545 is amended to read:
537.545. (1) No registration, certificate of registration, application for a permit, permit, certificate of completion or ground water right certificate under ORS 537.505 to 537.795 and
537.992 is required for the use of ground water { + , appropriated for use prior to the effective date of this 2007 Act, + } for:
(a) Stockwatering purposes;
(b) Watering any lawn or noncommercial garden not exceeding one-half acre in area;
(c) Watering the lawns, grounds and fields not exceeding 10 acres in area of schools located within a critical ground water area established pursuant to ORS 537.730 to 537.740;
(d) Single or group domestic purposes in an amount not exceeding 15,000 gallons a day;
(e) Down-hole heat exchange purposes;
(f) Any single industrial or commercial purpose in an amount not exceeding 5,000 gallons a day; or
(g) Land application, so long as the ground water:
(A) Has first been appropriated and used under a permit or certificate issued under ORS 537.625 or 537.630 for a water right issued for industrial purposes or a water right authorizing use of water for confined animal feeding purposes;
(B) Is reused for irrigation purposes and the period of irrigation is a period during which the reused water has never been discharged to the waters of the state; and
(C) Is applied pursuant to a permit issued by the Department of Environmental Quality or the State Department of Agriculture under either ORS 468B.050 to construct and operate a disposal system or ORS 468B.215 to operate a confined animal feeding operation.

(2) The use of ground water for a use exempt under subsection
(1) of this section, to the extent that it is beneficial, constitutes a right to appropriate ground water equal to that established by a ground water right certificate issued under ORS
537.700. Except for the use of water under subsection (1)(g) of this section, the Water Resources Commission by rule may require any person or public agency using ground water for any such purpose to furnish information with regard to such ground water and the use thereof. For a use of water described in subsection
(1)(g) of this section, the Department of Environmental Quality or the State Department of Agriculture shall provide to the Water Resources Department a copy of the permit issued under ORS
468B.050 or 468B.215 authorizing the land application of ground water for reuse. The permit shall provide the information regarding the place of use of such water and the nature of the beneficial reuse.
(3) If it is necessary for the Water Resources Department to regulate the use or distribution of ground water, including uses exempt under subsection (1) of this section, the department shall use as a priority date for the exempt uses the date indicated in the log for the well filed with the department under ORS 537.765 or other documentation provided by the well owner showing when water use began. SECTION 2. { + This 2007 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect on its passage. + }
 

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