OregonHB 33422025 Regular SessionHouseWALLET

Relating to water; and prescribing an effective date.

Sponsored By: Ken Helm (Democratic), Mark Owens (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

14 provisions identified: 3 benefits, 4 costs, 7 mixed.

One extension for community water projects

Quasi-municipal, group domestic, and expanded group domestic permit holders must finish construction and put water to use within their permit period. That initial period cannot exceed seven years. For good cause, the Department can grant one extension, limited to 20 years from approval for quasi-municipal use. The limit is 10 years from approval for either group domestic category. The Department must weigh statutory factors and major delays caused by other government requirements.

New limits on moving groundwater withdrawals

The Department can deny requests to move groundwater withdrawal points when restrictions cover both the proposed source and use. This applies to permits, groundwater registration certificates, and groundwater rights. It cannot deny a move on that basis when the specified same-aquifer and critical-area exceptions apply. Exceptions also protect moves covered by groundwater-bank mitigation or recovery of stored groundwater through artificial recharge or aquifer storage and recovery.

Deschutes farms can transfer municipal water

Irrigation-right holders can seek transfers of all or part of their rights for municipal use for up to 25 years. Recipients must be eligible Deschutes Basin cities, quasi-municipal bodies, domestic water districts, qualifying water suppliers, or water authorities. Withdrawal points can also change when needed to carry water to the new location; applications require fees and supporting information. Transfers cannot harm existing rights, and retained portions cannot increase authorized rates, water amounts, acreage, or seasons. The Department can revoke approval for injury or failures in required land designation, mapping, measurement, or records.

Longer construction deadlines, fewer extension options

Covered nonmunicipal water permits allow up to seven years for construction, increased from five; work must proceed with reasonable diligence. General good-cause extensions are removed, but exceptions under ORS 537.240 and ORS 537.248 remain. Municipal, quasi-municipal, group domestic, and expanded group domestic permits are excluded from these changes. A transition rule requires one extension of up to two years from approval when fish conditions and good cause are satisfied. It covers specified pending extension requests without a proposed final order and later requests for permits with an earlier proposed final order.

More transfer options for irrigation districts

Irrigation districts with a manager can petition before certain one-season changes to water location, stored-water use, or withdrawal points. Transfers cannot enlarge rights or harm existing rights; applicable acreage, rate, duty, use, fish-screen, and boundary limits remain. Water cannot serve both original and new land in the same irrigation season or calendar year. Permanent place-of-use petitions can combine unlimited transfers and are due by year-end; changes before approval require advance notice. Petitions require landowner permission and fees, permanent petitions need certified maps, and the Department can stop or require mitigation of harmful early deliveries.

Electronic water paperwork and possible savings

Oregon water agencies can adopt rules allowing electronic documents and checks that confirm they are valid. Authorized electronic documents count as delivered when sent, but recipients can request paper copies. Electronic delivery does not replace required court service or specified administrative hearing notices. The Water Resources Department can also lower or waive fees for documents sent or received electronically.

Water notices shift away from newspapers

The Department's weekly public notice replaces newspaper notices for hydroelectric water applications, water exchanges, and water-power preliminary permits referred to hearings. Weekly notice also replaces county newspaper publication for qualifying district land changes, removing the district's newspaper publication cost. Those districts must notify the Department at least 60 days before watering land outside the permit. Permit holders making changes under ORS 537.211(4) no longer face the specified publication requirement. They still must give the Department written notice at least 60 days before the change.

Applicants prepay optional newspaper notice costs

The Department can use a newspaper of general circulation to satisfy a public-notice requirement. When it chooses that option, the applicant must pay the publication cost in advance. The law sets no price and does not require newspaper notice in every case.

Card payments can carry extra fees

The Water Resources Department can accept debit and credit cards for its products, services, and fees. It can add a nonrefundable charge reasonably calculated to cover its bank fees for the transaction. The law sets no fixed charge.

Prohibited reservoirs lose streamlined permit access

Reservoirs prohibited under Oregon's water-withdrawal laws cannot use the permit process in ORS 537.409. Other applicants must still meet that process's listed reservoir requirements. The process does not override an existing legal ban on the reservoir.

Barred water applications returned with refunds

When enough information is available at intake, the Department must return applications for prohibited water uses, explain why, and refund applicable fees. Qualifying pending applications also must be returned when the restriction existed at receipt and no proposed final order preceded the operative date. For qualifying pending applications, refunds cover fees paid above $310. The applicable screening and pending-refund rules exclude groundwater recovery through artificial recharge or aquifer storage and recovery, and ORS 536.295 applications. The temporary pending-application rules end January 2, 2050.

Water applicants get longer decision windows

For covered complete applications, the Department must send preliminary findings within 30 days after finding the application complete. Applicants then have 90 days to choose whether to continue, replacing the prior 14-day response period. Continuing requires payment of remaining applicable examination fees; stopping or failing to respond closes the file. After applicants proceed and pay, the Department must publish its initial review and allow 30 days for written public comments. The notice must explain how to get later notices and the proposed final order.

Water-right changes face deadlines and notices

For covered water-right changes, the Department must send preliminary findings and identify missing information. Applicants generally have 30 days to stop or continue and provide that information; otherwise, the Department closes the file. Applicants making reasonable efforts can request up to 60 extra days to provide missing information. Continued applications receive 30 days for public comments, and proposed final orders appear in the Department's weekly notice. If the Department finds that more than five water rights would be harmed, applicants must prepay newspaper publication costs.

Public water limits and permit blocks

The Department must publish and regularly update a public list of restricted water sources; listing alone creates no new restriction. After a public hearing, the Commission can block new rights to specified unused water to conserve resources or follow state policy. While a withdrawal rule applies, people cannot submit covered permit, preliminary permit, or license applications, and the Department cannot process them. The rule must identify the water, uses, and reason; the Commission can change or repeal it.

Sponsors & Cosponsors

Sponsors

  • Ken Helm

    Democratic • House

  • Mark Owens

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 98 • No: 53

House vote • 5/29/2025

House concurred in Senate amendments and repassed bill.

Yes: 33 • No: 17

Senate vote • 5/27/2025

Third reading. Carried by Prozanski. Passed.

Yes: 18 • No: 12

Senate vote • 5/8/2025

Natural Resources and Wildfire: Heard and Reported Out with Amendments

Yes: 4 • No: 1

House vote • 4/22/2025

Third reading. Carried by Helm, Owens. Passed.

Yes: 37 • No: 20

House vote • 4/9/2025

Agriculture, Land Use, Natural Resources, and Water: Heard and Reported Out with Amendments

Yes: 6 • No: 3

Actions Timeline

  1. Chapter 282, (2025 Laws): effective on the 91st day following adjournment sine die.

    6/23/2025House
  2. Governor signed.

    6/9/2025House
  3. President signed.

    6/2/2025Senate
  4. Speaker signed.

    6/2/2025House
  5. House concurred in Senate amendments and repassed bill.

    5/29/2025House
  6. Third reading. Carried by Prozanski. Passed.

    5/27/2025Senate
  7. Carried over to 05-27 by unanimous consent.

    5/23/2025Senate
  8. Carried over to 05-23 by unanimous consent.

    5/22/2025Senate
  9. Carried over to 05-22 by unanimous consent.

    5/21/2025Senate
  10. Carried over to 05-21 by unanimous consent.

    5/20/2025Senate
  11. Second reading.

    5/19/2025Senate
  12. Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)

    5/16/2025Senate
  13. Work Session held.

    5/8/2025Senate
  14. Public Hearing held.

    4/29/2025Senate
  15. Referred to Natural Resources and Wildfire.

    4/23/2025Senate
  16. First reading. Referred to President's desk.

    4/23/2025Senate
  17. Third reading. Carried by Helm, Owens. Passed.

    4/22/2025House
  18. Rules suspended. Carried over to April 22, 2025 Calendar.

    4/21/2025House
  19. Rules suspended. Carried over to April 21, 2025 Calendar.

    4/17/2025House
  20. Second reading.

    4/16/2025House
  21. Recommendation: Do pass with amendments and be printed A-Engrossed.

    4/15/2025House
  22. Work Session held.

    4/9/2025House
  23. Public Hearing held.

    3/12/2025House
  24. Referred to Agriculture, Land Use, Natural Resources, and Water.

    1/30/2025House
  25. First reading. Referred to Speaker's desk.

    1/28/2025House

Bill Text

  • SNRW Amendment -A8 (Adopted)

    5/8/2025

  • SNRW Amendment -A8 (Proposed)

    5/6/2025

  • HALNRW Amendment -4 (Adopted)

    4/9/2025

  • HALNRW Amendment -3 (Proposed)

    4/7/2025

  • HALNRW Amendment -1 (Proposed)

    3/12/2025

  • A-Engrossed

  • B-Engrossed

  • Enrolled

  • House Amendments to Introduced

  • Introduced

  • Senate Amendments to A-Engrossed

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