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<br />~'bO~'73 ' <br /> <br />OREGON LAWS 1987 <br /> <br />Chap. 264 <br /> <br />CHAPTER 264 <br /> <br />AN ACT <br /> <br />SB 24 <br /> <br />Relating to water; creating new provisions; and amending <br />ORS 540.510. <br />Be It Enacted by the People of the State of Oregon: <br /> <br />SECTION 1. As used in ORS 540.510 and sections <br />1 to 10 of this Act: <br />(I) "Conservation" means the reduction of the <br />amount of water consumed or irretrievably lost in the <br />process of satisfying an existing beneficial use achieved <br />either by improving the technology or method for divert. <br />ing, transporting, applying or recovering the water or by <br />implement.ing other approved conservation measures. <br />(2) "Conserved water" means that amount of water, <br />previously unavailable to subsequent appropriators. that <br />results from conservation measures. <br />(3) "fn stream" means within the natural stream <br />channel or lake bed Or place where water naturally nows <br />or occurs. <br />(4) "Managed as stured water" means to protect water <br />frum diversion until the water has served its intended <br />pUr}Jose. <br />(5) "Public use" includ~::; out ig nut limited to: <br />(0) Heereation; <br />(!.>) Protection and enhancement of fish life, wildlife, <br />fish and wildlife habitat and any other ecological values; <br />(c) Poilution abatement; <br />(d) Navigation; <br />(eJ Scenic attraction: or <br />(0 Any other similar or related use or use protected by <br />the public trust. <br /> <br />SECTION 2. (1) The Legislative Assembly finds <br />and declares that conservation and efficient utilization of <br />water benefits all water users, provides water to satisfy <br />current and future needs through reduction of consum- <br />ptive waste, improves water quality by reducing contami- <br />nated return flow, prevents erosion and allows increased <br />in-stream flow; and <br />(2) It is therefore declared to be the policy of the State <br />of Oregon to: <br />(a) Aggressively promote conservation; and <br />(~) Encourage the highest and best use of water by <br />ailowmg the sale or lease of the right to the use of <br />conserved water. <br />(3) As ()sed in this section, "efficient utilization" <br />means use without waste, upgrading of irrigation equip- <br />ment to comply with modern practices within a reason- <br />able time period or other methods used to meet both <br />current and future water needs at the least cost. <br /> <br />SECTION 3. (1) Any person holding a waU!r right <br />certificate issued under ORS 537.250, 537.630 or 539.140 <br />may submit a conservation proposal to the \Vater <br />Resources Commission for approval. <br />(2) A conservation proposal submitted under subsec. <br />tion (I) of this section shail include: <br />(a) A description of the conservation measures the <br />person proposes tu implement; <br />(b) A statement of the amount of water the holder of <br />the water right is currently using benefieiaily each year; <br />(c) The amount of conserved water the holder expects <br />to result from implementation of the conservation meas- <br />ures; and <br /> <br />411 <br />