WSP02854

• File Number: 8054.100
• Description: Water Salvage - Water Salvage Study - HB 91-1154
• State: CO
• Basin: Statewide
• Date: 6/6/1990
• Author: Becky Kreag
• Title: Background Documents and Information 1991 - Transferring Conserved Water - The Oregon Experience
• Water Supply Pro - Doc Type: Report/Study

0007i3

Chap. 264

OREGON LAWS 1987

(d) Any other information the commission considers
necessary to evaluate the effectiveness of the proposal.
(3) If a person proposes conservation measures within
the boundaries of an irrigation district organized under
ORS chapter 545 Or a water control district organized
under ORS chapter 553, at the time the person submits
the proposal, the person also must submit evidence that
the district has approved the conservation proposal.

SECTION 4. (1) Upon receipt of a conservation
proposal under section 3 of this Act, the Water Resources
Commission shall review the proposal and allocate con-
served water according to subsections (2) and (3) of this
section and the rules and standards adopted by the
commission under section 6 of this Act.
(2) The commission shall allocate conserved water if
the commission finds that the proposed conservation
measure:
(a) Is feasible:
(b) Will produce conserved water;
(c) Can be effected without injury to existing water
rights; and
(d) Will not adversely affect the public interest.
(3) In allocating conserved water, the commission
shall allocate 25 percent of the conserved water to the
state, unless the commission finds that more or less water
should be allocated to the state under the criteria estab-
lished by rule by the commission pursuant to section 6 of
this Act.
(4) The commission shall notify the applicant of its
action under subsections (2) and (3) of this section. An
applicant may request a hearing before the commission
according to provisions of ORS 183.310 to 183.550
applicable to review of a final order.

SECTION 5. (1) Upon completion of the conserva-
tion measures proposed under section 3 of this Act, the
water right holder shall request the Water Resources
Commission to determine the quantity of conserved water
allocated to the state and to the water right holder
according to the percentages established by the commis-
sion under section 4 of this Act.
(2) Any person requesting the commission to allocate
a quantity of conserved water under subsection (1) of this
section must demonstrate:
(a) The amount of water consumed beneficially by the
water right holder before implementation of the conserva-
tion measures;
(b) The amount of water the water right holder now
requires for the same beneficial use after implementation
of the conservation measures;
(c) The use the holder intends to put the portion of
conserved water to which the holder is allocated; and
(d) That the use of the conserved water by the holder
would not harm any other appropriator.
(3) After the commission completes the allocation of
conserved water under subsection (1) of this section.. the
commission shall issue new certificates covering the

changes in the original water right. A separate new
certificate preserving the previously established priority
of rights shall be issued to cover the unaffected portion of
the water right and a separate new certificate indicating
the priority of rights as set forth in section 7 of this Act
shall be issued to cover the right to the use of the
conserved water.

SECTION 6. The Water Resources Commission
shall adopt rules and standards necessary to carry out the
provisions of sections 1 to 10 of this Act. The rules shall
include at least the following:
(1) A procedure for managing the state's portion of
conserved water as stored water.
(2) Criteria the commission shall consider in allocat-
ing more or less than 25 percent of conserved water to the
state. Such criteria shall include, but need not be limited
to:
(a) The source of funds used for implementing the
conservation measure;
(b) The amount of conserved \'iater to be managed as
stored water as necessary to satisfy identified in.stream
needs as determined by the commission;
(c) Whether or not the water right is located in a
critical ground water area; and
(d) Any pertinent provisions of the applicable basin
plan.
(3) Criteria for determining how the state manages
the portion of conserved water allocated to the state.
(4) Criteria for determining the stream reach within
which conserved water must be managed as stored water.
(5) The procedure for allocating percentage. of con-
served water under section 4 of this Act.
(6) The procedure for determining quantities of con-
served water under section 5 of this Act.

SECTION 7. Notwithstanding any other provision
of ORS chapter 536, 537, 538, 539, 540, 541, 542 Or 543,
the priority of any right to the use of conserved water
under a proposal submitted and approved by the Water
Resources Commission under sections 3 and 4 of this Act
shall be one minute after the priority of the water right
held by the person implementing the conservation meas-
ures.

SECTION 8. (1) Any person or agency allocated
conserved water under section 5 of this Act may reserve
the water in stream for future out.of-stream use or other.
wise use or dispose of the conserved water. Any person or
agency to whom conserved water i. allocated shall notify
the commisaion of the dispensation of the right to the use
of conserved water. The notice shall include:
(a) The name and address of the person buying or
leasing the right to the use of conserved water;
(b) The use to which the conserved water is to be put;
and
(c) The terms of any agreement between the appro-
priator and the person using the conserved water.

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