2013 Oregon Revised Statutes
Volume : 13 - Water Resources, Agriculture and Food
Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement
Section 541.656 - Water Supply Development Account.

(1) The Water Supply Development Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Supply Development Account shall be credited to the account. Moneys in the account are continuously appropriated to the Water Resources Department for use in carrying out ORS 541.651 to 541.696.

(2) The department may expend moneys from the account for:

(a) Subject to subsection (4) of this section, making loans and grants to evaluate, plan and develop in-stream and out-of-stream water development projects approved by the Water Resources Commission, including but not limited to projects that:

(A) Repair or replace infrastructure to increase the efficiency of water use;

(B) Provide new or expanded water storage;

(C) Improve or alter operations of existing water storage facilities in connection with newly developed water;

(D) Create new, expanded, improved or altered water distribution, conveyance or delivery systems in connection with newly developed water;

(E) Allocate federally stored water;

(F) Promote water reuse;

(G) Promote water conservation;

(H) Provide streamflow protection or restoration;

(I) Provide for water management or measurement in connection with newly developed water; and

(J) Determine seasonally varying flows in connection with newly developed water.

(b) Paying the necessary administrative and technical costs of the department in carrying out ORS 541.651 to 541.696.

(3)(a) In addition to any other permissible uses of moneys in the account, the department may expend moneys from the account to support:

(A) Ongoing studies conducted by the United States Army Corps of Engineers to allocate stored water; and

(B) Comprehensive basin studies conducted by the United States Bureau of Reclamation.

(b) Expenditures described in this subsection are not subject to any grant or loan procedures, public benefit scoring or ranking or other requirements or restrictions for grants or loans established under ORS 541.651 to 541.696.

(4) The department may expend account moneys under subsection (2) of this section for loans and grants to develop in-stream and out-of-stream water development projects only if the department determines under ORS 540.530 that any transfer of water rights for the project will not injure existing water rights. [2013 c.784 §3]

Note: Sections 25 to 28, chapter 784, Oregon Laws 2013, provide:

Sec. 25. Notwithstanding section 3 of this 2013 Act [541.656], moneys may not be expended from the Water Supply Development Account for the construction of projects that:

(1) Impound surface water on a perennial stream;

(2) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or

(3) Diverts more than 500 acre-feet of water annually. [2013 c.784 §25]

Sec. 26. Section 25 of this 2013 Act is repealed January 2, 2015. [2013 c.784 §26]

Sec. 27. Notwithstanding section 3 of this 2013 Act [541.656], the Water Resources Department may expend moneys from the Water Supply Development Account for the purposes of paying the necessary administrative and technical costs of the department in carrying out sections 17 to 20 of this 2013 Act. [2013 c.784 §27]

Sec. 28. Section 27 of this 2013 Act is repealed July 1, 2017. [2013 c.784 §28]

Note: Sections 7 and 7a (1), chapter 786, Oregon Laws 2013, provide:

Sec. 7. Lottery bonds for water development projects. (1) For the biennium beginning July 1, 2013, at the request of the Oregon Department of Administrative Services, after the department consults with the Water Resources Department, the State Treasurer is authorized to issue lottery bonds pursuant to ORS 286A.560 to 286A.585 in an amount that produces $10,000,000 in net proceeds and interest earnings for the purposes described in subsection (2) of this section, plus an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs.

(2) Net proceeds of lottery bonds issued under this section and interest earnings must be transferred to the Water Resources Department in an amount sufficient to provide $10,000,000 in net proceeds and interest earnings to make grants or loans to develop and implement water storage systems and delivery infrastructure, implement conservation and reuse projects, and provide access to new water supplies.

(3) The Legislative Assembly finds that the use of lottery bond proceeds will create jobs, further economic development, finance public education or restore and protect parks, beaches, watersheds and native fish and wildlife, and is authorized based on the following findings:

(a) Adequate drinking water systems, irrigation, drainage and healthy ecosystems enhance community development and encourage economic growth.

(b) Having adequate drinking water systems, irrigation, drainage and healthy ecosystems is essential to Oregon's economic growth.

(c) Assisting local governments to mitigate losses resulting from reduced water supply for irrigation and retirement of water rights will enhance community efforts to facilitate and promote economic growth. [2013 c.786 §7]

Sec. 7a. (1) If Senate Bill 839 [chapter 784, Oregon Laws 2013] becomes law, the moneys described in section 7 (2) of this 2013 Act must be deposited in the Water Supply Development Account established in section 3, chapter 784, Oregon Laws 2013 [541.656]. [2013 c.786 §7a(1)]

Note: See note under 541.651.