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water adjudications | Sets maximum amount of bond or letter of credit required to be filed when staying operation of surface water right determination of Water Resources Director. Allows damages against bond or letter of credit when actual damages result from staying of determination. |
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water adjudications | Excludes certain claimed rights from application of Water Resources Director's determination of surface water rights during court review of director's determination. |
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Transfers authority to appoint State Fish and Wildlife Director from State Fish and Wildlife Commission to Governor. Requires Senate confirmation of director. Declares emergency, effective on passage. |
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Requires State Department of Fish & Wildlife to conduct study examining relocation of offices. Allows consultation with other departments. Requires department to report to joint legislative committee. |
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water quality management plans | Modifies State Department of Agriculture authority to require landowners to perform actions affecting facilities on property within water quality management plan area. |
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water quality management plans | Requires State Department of Agriculture to develop scientific basis for concluding that conditions of land contribute to impairment of water quality prior to designating lands subject to water quality management plan. |
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water quality management plans | Requires State Department of Agriculture to obtain permission of landowner prior to entering occupied lands for inspection related to water quality management plan. Prohibits entry if permission is denied unless department obtains search warrant. |
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water quality management plans | Requires State Department of Agriculture to offer certain assistance to landowners to help landowners comply with water quality management plan prior to taking any enforcement action. |
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agricultural water quality management plans | Repeals requirement that landowners subject to agricultural water quality management plan pay fee to State Department of Agriculture. |
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water quality management plans | Reduces civil penalties that may be imposed on landowner for violation of water quality management plan. Requires State Department of Agriculture to offer technical and educational assistance to landowner. |
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water quality management plans | Requires person making complaint to State Department of Agriculture alleging violation of water quality management plan to post proof of ability to pay legal expenses of landowner in defending action. Creates right of action against letter of credit, on bond or against deposit if department determines that complaint was frivolous. |
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appointments by the Governor | Requires Governor to appoint chairperson of certain natural resource agency commissions and boards. Requires Senate confirmation of chairperson designations. |
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Division of State Lands permitting authority Amends removal and fill statutes in event that Division of State Lands assumes administration of federal dredge and fill permitting program under Federal Water Pollution Control Act. Establishes provisions to return to current state permit system if, after initial assumption, authority to operate federal permitting program is returned to federal government. Declares emergency, effective on passage. |
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water quality management plans | Requires confidentiality of voluntary individual water quality management plans. Defines voluntary individual water quality management plan. Allows State Department of Agriculture to impose civil penalty for dissemination of confidential material gathered for purposes relating to voluntary individual water quality management plans. |
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water quality management plans | Exempts information received by State Department of Agriculture and soil and water conservation districts during preparation of voluntary individual water quality management plans from disclosure under public records law. |
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water quality management plans | Specifies that landowners of lands within boundaries of area subject to water quality management plan are subject to rules adopted to implement and enforce plan, not plan itself. Directs State Department of Agriculture to adopt rules to implement and enforce plan. |
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wild fish policy | Repeals sunset for plans for natural production of anadromous fish runs. Makes technical changes. Declares emergency, effective on passage. |
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water quality management plans | Requires State Department of Agriculture to allow reasonable time to conform water quality management plans before making adopted rule effective. Creates good faith safe harbor for landowners conducting voluntary individual water quality management plans. Defines voluntary individual water quality management plan. |
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water quality management plans | Requires State Department of Agriculture to consult with Attorney General prior to entering land subject to water quality management plan. |
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water quality management plan complaint procedure | Requires person complaining of noncompliance with water quality management plan or rule to submit complaint in writing. Requires State Department of Agriculture to determine which provision or rule may have been violated. Requires department to collect $100 deposit if person has previously initiated one unfounded complaint within same calendar year. Allows department to retain deposit if complaint is unfounded. Allows department to investigate any complaint if immediate threat to public health or safety exists. |
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Authorizes Natural Resources Institute at Oregon State University to conduct certain studies regarding Willamette River Basin | Requires institute to consult with certain agencies and make information available to certain groups. Requires institute to report to legislature. Appropriates moneys to Emergency Board from General Fund for allocation to university for institute. Declares emergency, effective July 1, 2001. |
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impact of regulations on private property | Declares that regulations should be applied in manner least restrictive to private property while still accomplishing land use goals. Declares that it is in Oregon's best interest to maximize use of incentive and cooperative programs to accomplish land use policies. |
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ombudsman to represent private property owners in proceedings involving governmental action | Establishes ombudsman in office of Legislative Counsel to represent private property owners in proceedings involving governmental action. |
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permits issued by the Division of State Lands | Allows, without permit, nonmotorized activities that remove or fill less than one cubic yard of material to be conducted within bed or wet perimeter of designated essential anadromous salmonid habitat. Declares emergency, effective on passage. |
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hydroelectric power | Ensures ability of Water Resources Department to participate in decommissioning of hydroelectric project for purposes of protecting public health, public safety and environment. Requires hydroelectric task force to develop recommendations and report to 72nd Legislative Assembly. Directs Hydroelectric Application Review Team to prepare provisional state position irrespective of deficiencies in draft application for reauthorization of hydroelectric project. Allows team to meet deadlines by submitting second proposed unified state position and proposed final unified state position, public comments, recommendations, conditions and information requests to applicant and Federal Energy Regulatory Commission even if not completed. Declares emergency, effective on passage. |
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implementation of the Oregon Plan | Directs Governor to coordinate activities and programs of natural resources agencies in implementing Oregon Plan. Defines natural resources agency. Specifies elements that must be included in state agency or local government species recovery plan for plan to be incorporated into Oregon Plan. Provides direction to natural resources agencies for implementing Oregon Plan. Requires state agencies managing state-owned lands to develop aquatic and watershed conservation strategies if substantial salmonid habitat exists or potentially could exist. Directs Oregon Watershed Enhancement Board to submit biennial report to Governor and Legislative Assembly on implementation of Oregon Plan. Declares emergency, effective on passage. |
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rules | Repeals requirement that state agency review all rules of agency every three years. Deletes requirement that agencies adopting rules affecting businesses report annually to Legislative Committee on Trade and Economic Development. |
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fiscal impact of administrative rules; creating new provisions | Requires that state agency proposing adoption, amendment or repeal of administrative rule prepare statement reflecting rule's impact on fair market value of real property in state. Provides that statement must provide estimate of loss of real property tax revenues, and income tax revenues, attributable to decreased property values. Provides that statement must reflect impact on state revenues anticipated to result from reduction in value of state-owned lands, including negative impact on Common School Fund. |
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financial administration of the State Department of Fish & Wildlife | Appropriates moneys from General Fund to State Department of Fish & Wildlife for biennial expenses. Limits biennial expenditure of lottery moneys from Parks & Natural Resources Fund. Limits biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, excluding lottery funds and federal funds, collected or received by State Department of Fish & Wildlife. Limits biennial expenditures of State Department of Fish and Wildlife from federal funds. Subjects agency to Oregon Department of Administrative Services allotment process. Declares emergency, effective July 1, 2001. |
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fees for removal-fill program | Increases fees for Division of State Lands removal-fill program. Exempts habitat restoration projects from removal-fill permit fees. |
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Establishes linked deposit program in Department of Environmental Quality to encourage nonpoint source pollution control projects and other projects to improve water quality. Allows department to use moneys in Water Pollution Control Revolving Fund to finance linked deposits placed with lenders. Directs department to enter into agreements with lenders to lend moneys at below-market rates based on linked deposits. Allows department to use moneys in Water Pollution Control Revolving Fund to assist other public agencies with loans to private parties for specified purposes. |
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water right certification | Allows water right permit holder one year to file survey map if denial of permit extension occurs after permit completion date has passed. Forbids Water Resources Department from considering construction or other work to perfect permit if construction or other work is performed after permit completion date has passed. Declares emergency, effective on passage. |
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water banking | Creates Oregon Water Mitigation Bank Revolving Fund. Permits Water Resources Department to use moneys in fund to protect water rights from injury, protect streamflows, encourage acceptable development of water resources and pursue similar objectives. |
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judicial review of orders other than contested cases | Establishes rules and procedures for transmission of record to court when petition is filed in circuit court challenging order other than contested case issued by state agency. Provides for award to agency of costs of preparing record in certain circumstances. Provides that review of order other than contested case by court is confined to record transmitted to court and certain additional evidence that may be included in record. Provides that court may not substitute its judgment for that of agency as to any issue of fact or agency discretion. |
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small public water systems | Eliminates certification exemptions for operators of drinking water systems serving ground water to fewer than 150 service connections and for systems directly supervised by registered professional engineer. Modifies Oregon statutes to comply with federal Safe Drinking Water Act. Declares emergency, effective on passage. |
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Governor appointments | Directs Governor to appoint chairperson of State Fish & Wildlife Commission. |
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watershed enhancement programs | Requires Oregon Watershed Enhancement Board to require cost sharing agreement as criterion for selecting project to receive moneys from Watershed Improvement Grant Fund. |
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water quality management plans | Requires State Department of Agriculture to review water quality management plans after two years. Directs department to adopt rules to address effectiveness of plan or operational difficulties. Prohibits assessment of civil penalties prior to two-year review of plan. |
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transfer of water rights | Requires Water Resources Commission to notify water district and United States Bureau of Reclamation of potential water right cancellation in certain cases. Allows water district to petition commission for transfer of water right. |
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fish passage | Extends sunset on prohibition on State Fish and Wildlife Commission from initiating certain actions related to existing hydroelectric projects. Declares emergency, effective June 30, 2001. |
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angling tags for hatchery fish | Directs State Fish & Wildlife Commission to adopt rules for issuance of hatchery harvest tag. Specifies that tag allows person to angle for 10 fin clipped or otherwise marked hatchery salmon and steelhead. Declares emergency, effective on passage. |
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Abolishes habitat division of State Department of Fish and Wildlife. Vests duties, functions and powers in other state agencies as appropriate. |
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Removes authority of State Fish and Wildlife Commission to delegate rulemaking authority to State Fish and Wildlife Director. |
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water rights | Allows for split use leasing of in-stream water right under certain circumstances during same water or calendar year. |
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funding water measurement; appropriating money | Establishes Water Measurement Cost Share Program Revolving Fund. Specifies that moneys in fund are to be used for sharing cost of installing or replacing stream flow gauges, measuring devices and headgates with measuring devices. Declares emergency, effective July 1, 2001. |
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irrigation district property | Explicitly includes ditches and pipelines in list of irrigation district property that gives district authority to enter land of water user, to condemn property and to make special assessment of specially benefited land. |
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irrigation districts; creating new provisions | Modifies alternate method by which irrigation districts levy and collect assessments and bill and collect charges. |
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irrigation district elections; creating new provisions | Specifies contents of nominating petition for election of member of irrigation district board of directors. Requires nominations to be filed with county clerk at least 35 days before election date. Requires openings on board of directors to be advertised in newspaper of general circulation. |
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water control districts; creating new provisions | Allows creation of subdistrict composed of noncontiguous land within water control district. |
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ground water surveying | Directs Water Resources Department to complete existing well network survey and make results available to public. Declares emergency, effective on passage. |
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financial administration of Water Resources Department | Appropriates moneys from General Fund to Water Resources Department for biennial expenses. Limits biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts and certain federal funds. Excludes debt service and loans for water development projects from expenditure limitations. Subjects agency to Oregon Department of Administrative Services allotment process. Declares emergency, effective July 1, 2001. |
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financial administration | Allocates moneys deposited into Watershed Improvement Operating Fund to various state agencies to implement section 4 (5), Article XV of Oregon Constitution. Allocates moneys deposited into Watershed Improvement Grant Fund to various state agencies to implement section 4 (5), Article XV of Oregon Constitution. Limits biennial expenditures. Directs Oregon Watershed Enhancement Board to establish by rule process for allocating available moneys in Restoration and Protection Subaccount of Parks & Natural Resources Fund. Subjects agencies receiving moneys in this 2001 Act to Oregon DAS allotment process. Declares emergency, effective on passage. |
Water for Life, Inc.
PO Box 12248
Salem, OR 97309-0248
(503)375-6003