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<br />00078Q <br /> <br />OREGON LAWS 1987 <br /> <br />Chap. 265 <br /> <br />. .,,....,.r~ <br />(2) No'twithst.8nding any other provision of law, a <br />person who holds 'a '\vater right permit or certificate <br />having a subsequent priority to a certificate issued under <br />section 5 of this Act may not acquire a vested right ro any <br />water or return flow of water that results from either the <br />lease of the right ro the use of conserved water Or the <br />reservation of conserved water in stream for future use <br />under subsection (1) of this section. <br />(3) Any right to the use of conserved water sold under <br />subsection (1) of this section: <br />(a) Shall become appurtenant to the premises upon <br />which the purchaser uses the water: and <br />(b) Shall be subject to the provisions of ORS 540.510 <br />ro 540.530 and 540.610 ro 540.650. <br />(4) When the commission receives notice of the sale <br />of the right to the use of conserved water under subsection <br />(1) of this section, the commission shall issue ro the <br />purchaser a new water right certificate covering the right <br />ro the use of conserved water that was sold. The certifi- <br />cate shall indicate the priority of the water right accord- <br />ing to the provisions of section 7 of this Act. <br /> <br />SECTION 9. Any agency or political subdivision of <br />this state may purchase a right to the use of conserved <br />water, as defined under section 1 of this Act, or accept a <br />gift of a right to the use of conserved water as defined <br />under section 1 of this Act. [f an agency or political <br />subdivision requests that the conserved water remairi in <br />the stream, the commission shall manage the conserved <br />water in a manner that results in the conserved water <br />remaining in the stream. <br /> <br />SECTION 10. (I) A water right for conserved water <br />under this Act shall have the same legal status as any <br />other water right for which a certificate has been issued. <br />(2) A water right for conserved water that is reserved <br />in stream for future out-aE-stream use under section 8 of <br />this Act or that the commission manages under section 9 <br />of this Act is not subject to cancellation under ORS <br />537.260 or 537.410 to 537.450 or to abandonment under <br />ORS 540.610 to 540.650. <br /> <br />SECTION 11. ORS 540.510 is amended to read: <br />540.510. (1) Except as provided in subsection (2) <br />of this section, all water used in this state for any <br />purpose shall remain appurtenant tu the premises upon <br />which it is used and no change in use or place of use of any <br />water for any purpose may be made without compliance <br />with t,he provisions uf ORS 540.520 and 540.530. How. <br />e....er. the owner of any water right may. upon compliance <br />with the provisions of ORS 540.520 and 540.530, change <br />the use and place of use, the point o["divcrsion or the use <br />theretofore made of the water in all cases without losing <br />priority of the right thererofore established. <br />(2) Subject to the limitations in section 8 of tbis <br />1987 Act, any right to the use of conserved water <br />allocated by tbe Water Resources Commission <br />under section 5 of this 1987 Act may he se,'ered <br /> <br />from the land and transferred or sold after notice <br />to the commission as required under section 8 of <br />tbis 1987 Act. <br />(3) Tbe sale or lease of the right to the use of <br />conserved water under section 8 of this 1987 Act <br />does not CODstitute a cbange of use or a cbange in <br />the place of use of water for purposes of ORS <br />540.520. <br />Approved by tht Govtrnor June 9. 198i <br />Filed in the office of Secretary of State June 10. 1987 <br /> <br />CHAPTER 265 <br /> <br />AN ACT <br /> <br />SB 10' <br /> <br />Relating to the Highway Division; amending ORS <br />366.165; repealing section 160, chapter 158, Oregon <br />Laws 1987 (Enrolled House Bill 2409): and declaring <br />an emergency. <br />Be It Enacted by tbe People of tbe State of Oregon: <br /> <br />SECTION 1. ORS 366.165 is amended to read: <br />366,165. (1) The revolving fund in the amount oi <br />[$750,000] $400,000 esteblished by warrant drawn on <br />any fund belonging to the state highway funds in favor of <br />the Stale Highway Engineer is continued. <br />(2) The revolving fund shall be deposited with the <br />State Treasurer. The fund shall be at the disposal of the <br />highway engineer. The bighway engineer may desig- <br />nate persons authorized to pay claims from the <br />fund and shall specify tbe maximum amount of <br />money eacb designee may draw from tbe fund. The <br />fund may be used [and may be used by the highwa:. <br />engineer]: <br />(a) To pay salaries, travel expenses, compensation or <br />payments for real property purchased or otherwise <br />acquired, and emergency claims; or <br />(b) To secure or take advantage of trade discounts <br />and to pay for services, materials and capital out- <br />lay. <br />(3) All vouchers for claims paid from the fund shall be <br />approved by the highway engineer and audited by the <br />fiscal officer of the department. When claims are so <br />approved and audited, warrants covering them shall be <br />drawn in favor of the highway engineer and shall be used <br />by the highway engineer to reimburse the fund, <br /> <br />SECTION 2. [f House Bill 2409 becumes law, sec. <br />tion 160, chapter 158, Oregon Laws 1987 (Enrolled House <br />Bill 2409), is repealed. <br /> <br />SECTION 3. This Act being necessary for the <br />immediate preservation of the public peace. health and <br />safety, an emergency is declared to exist. and this Act <br />takes effect on its passage. <br />Appro\'ed by the Govemflr June 9, 198i <br /> <br />413 <br />