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and the Environment, will require all water users to install and maintain devises to measure the rate and duty of water withdrawn or stored at the point of diversion.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The measurement requirement would apply to all water withdrawn or stored upon passage of the act, and on January 1, 2012 to all water withdrawn or stored before the passage of the act. The Oregon Water Resources Department would be authorized to require measurement of any water withdrawn or stored at any time after passage of the act.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.

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. + }