Relating to procedures for regulating water rights; declaring an emergency.
Catchline/Summary:
Establishes standard for measuring distance between proposed or existing well and surface water source for purpose of determining probability or existence of impairment of, or substantial or undue interference with, existing rights of others to appropriate surface water. Establishes standard for measuring distance between proposed or existing well and surface water source for purpose of determining probability or existence of impairment of, or substantial or undue interference with, existing rights of others to appropriate surface water.
Requires that Water Resources Department provide adversely affected or aggrieved water right holder with written notice of planned action before undertaking action to effectuate water rights established and determined in Water Resources Director's order of determination.
Requires that proposed final order or written notice of planned action adversely affecting or aggrieving water right applicant or water right holder state all facts, grounds or legal theories relied upon to support proposed final order or planned action. Requires that proposed final order or written notice of planned action include detailed findings and holdings based on clear and convincing evidence supporting proposed final order or planned action. Requires that evidence regarding proposed or existing well include report by qualified hydrologist containing certain information specific to well site.
Provides that proposed final order or written notice of planned action placing restriction or condition on exercise of proposed or existing water right for purpose of preventing impairment of, preventing interference with or otherwise benefiting superior water right must include evidence demonstrating that restriction or condition will accomplish purpose.
Prohibits department from amending proposed final order to allege additional facts, grounds, legal theories, findings or holdings supporting proposed final order if hearing on proposed final order has been requested. Prohibits department from alleging additional facts, grounds, legal theories, findings or holdings supporting planned action if water right holder has brought legal proceeding challenging planned action. Allows court to continue proceeding and issue judgment if department renders written notice of no practical effect without consent of plaintiff.
Makes water right applicant or holder prevailing party if department withdraws proposed final order or if applicant or holder obtains substantial modification of proposed final order. Provides that water right applicant or water right holder prevailing in contested case proceeding regarding proposed final order or on judicial review regarding final order is entitled to damages and reasonable attorney fees and costs.
Makes water right holder prevailing party in court action if department withdraws planned action during legal proceeding, if holder successfully defends action or if holder obtains stay, prevention or substantial modification of planned action in legal proceeding or on appeal. Provides that water right holder prevailing in legal proceeding or on appeal regarding planned action is entitled to damages and reasonable attorney fees and costs.
Declares emergency, effective on passage.
Chapter Number:
Fiscal Impact:
May Have Fiscal Impact, But No Statement Yet Issued
Oregon Legislative Assembly - Public Testimony Registration Form
You are registering to speak about:
HB 4064 House Committee On Agriculture and Natural Resources
Registration Instructions
Submit the form below to testify or comment either in person or remotely by video or phone. After completing the required fields (*), click the “Submit Registration to Testify” button.
Email address and phone number are required for administrative purposes and will not be posted to OLIS. Your phone number will be displayed on the livestream of the committee meeting if you testify by phone.
Registration ends 30 minutes prior to the start of the meeting. After that time, the registration system will close.
After registering and seeing a confirmation screen, you will receive an email with meeting details. If you do not receive a confirmation email, check your email spam folder.
Registration does not guarantee that you will have an opportunity to speak; the chair may determine that time for public testimony will be limited. Committee meetings are sometimes cancelled or rescheduled. You can receive email updates on selected bills or committee agendas by signing up for Capitol e-Subscribe.
If you would like to provide written testimony to the committee, see instructions to submit written testimony here.
To request spoken language interpretation, American Sign Language (ASL) interpretation, or Communication Access Realtime Translation (CART) services, please email languageaccess@oregonlegislature.gov or call 503-986-1538 at least 3 days in advance.
Para solicitar servicios de interpretación de lenguaje hablado, interpretación de lenguaje de señas americano (ASL) o traducción en tiempo real de acceso a la comunicación (CART), envíe un correo electrónico a languageaccess@oregonlegislature.gov o llame al 503-986-1538 con 3 dias de anticipación.
Confidential - Administrative Use Only
Will you travel more than 100 miles to this meeting to testify?
You Have Successfully Registered to Testify
Testimony Details:
You will receive an email soon with meeting details. If you registered to testify remotely, the
email will include a link or phone number to join the committee meeting.
If you do not receive a confirmation within 24 hours, have any questions, or need to cancel your registration,
please call 1-833-588-4500 or email the committee assistant listed on the committee page on OLIS.
Committee meetings are sometimes canceled or rescheduled. If you register to testify and the meeting is
rescheduled, you will need to register for the new meeting date. To receive email updates on selected
bills or committee agendas, sign up for Capitol E-Subscribe.
Measure Not Scheduled for Public Testimony
Thank you for your interest in providing public testimony on measure .
Either this measure is not currently scheduled for a public hearing, or the deadline to register to testify
or to submit written testimony has passed.
For questions about the legislature, legislative process, or other government agencies, please email
help.leg@oregonlegislature.gov or call 1-800-332-2313.
Measure Not Scheduled for Public Testimony
Thank you for your interest in providing written testimony on measure .
Either this measure is not currently scheduled for a public hearing, or the deadline to register to testify
or to submit written testimony has passed.
For questions about the legislature, legislative process, or other government agencies, please email
help.leg@oregonlegislature.gov or call 1-800-332-2313.