All Roll Calls
Yes: 140 • No: 31
OregonHB 35442025 Regular SessionHouseWALLET
Relating to water.
Sponsored By: Ken Helm (Democratic), Mark Owens (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 3 benefits, 2 costs, 4 mixed.
Fees for joining water rights cases
In covered water cases, requesting standing—the right to take part—costs $270 per request. Participating in a contested-case proceeding costs $680 per proceeding.
Landholders can challenge water rights changes
Owners or occupants can obtain a hearing on a proposed water-right land-description clarification by filing a written protest within 30 days. To challenge a proposed cancellation, the legal owner or occupant must protest within the notice's 60-day period. Both disputes follow the shared contested-case process. After a cancellation hearing, the Commission can cancel all or part of the right, modify it, or leave it unchanged.
Water substitutions must protect existing rights
Holders of primary surface-water rights and supplemental groundwater rights get a defined review process for substituting groundwater. The Department must give public notice, accept protests, and apply the shared contested-case procedures. The director must issue a proposed order within 90 days. Substitutions cannot expand the primary right, and the director must block or limit uses that harm other water rights.
Hydropower projects join shared basin reviews
Covered water applications for electricity generation must join the combined hydropower review and hearing process when it applies. That process examines projects in the same river basin that may have combined effects.
Water applicants must disclose land crossings
Water permit applicants must name owners of land crossed by a proposed ditch, canal, or other work they do not own. They must also state whether written permission or an easement allows access across that land.
Groundwater applicants gain protests, lose safeguards
Covered groundwater cases follow the shared hearing process, but appeals before a final decision are barred. The law removes separate final-order deadlines of 270 days for cases with three or more nondepartment parties, and 180 days otherwise. When no contested-case hearing occurred and the director changes the proposed order, specified participants have 14 days after the final order to protest. Those participants are the applicant, anyone who requested party status, and earlier protestants; an applicant's protest requires a hearing. A nonapplicant who filed a protest may appeal a final order issued without a contested-case hearing.
Shared hearing deadlines for water applicants
Covered water hearings generally must finish within 180 days after referral, with limited schedule changes. Assigning a settlement judge adds a 60-day settlement period before the 180-day hearing period. For timely permit protests, the director must take required order or hearing steps within 60 days after protests close. Without a timely protest, a covered proposed order becomes final 33 days after protests close, unless withdrawn and replaced during that period. The process favors oral testimony and remote hearings where practical; the Department gets $226,420 more for implementation in the two-year budget beginning July 1, 2025.
Water protests gain deadlines and limits
Anyone generally has 45 days after notice to protest; other water laws can set different deadlines. Protests must explain the person's interest, harm, and specific issues with supporting information; omitted, reasonably discoverable issues cannot support later court review. Supporters have 30 days after protests close to request party status, following agency rules; applicable party-status fees are refunded if denied. For protests not referred to the hearings office before the law's effective date, new procedures govern later steps. For those pending by that date, specified participants get at least 90 days after notice to request party status or amend protests; amendments cannot add issues, and existing party-status requests need no amendment.
Water transfers face review and protest deadlines
The Department gives transfer applicants an initial review and identifies missing information. Applicants generally have 30 days to stop processing or continue and supply it; reasonable efforts can support a requested extension of up to 60 days. Continued review includes weekly public notice and 30 days for written comments; newspaper notice is required for changes found to injure more than five water rights. Anyone may protest a proposed transfer order within 30 days after its publication in the Department's weekly notice. A hearing is required when the director decides it is needed to assess harm to existing water rights.
Sponsors & Cosponsors
Sponsors
Ken Helm
Democratic • House
Mark Owens
Republican • House
Cosponsors
Emerson Levy
Democratic • House
Roll Call Votes
Senate vote • 6/27/2025
Rules suspended. Third reading. Carried by Gorsek. Passed.
Yes: 24 • No: 5
legislature vote • 6/27/2025
Ways and Means: Heard and Reported Out with Amendments
Yes: 16 • No: 2
House vote • 6/27/2025
Rules suspended. House concurred in Senate amendments and repassed bill.
Yes: 38 • No: 13
House vote • 6/23/2025
Third reading. Carried by Owens. Passed.
Yes: 36 • No: 6
legislature vote • 6/17/2025
Ways and Means: Heard and Reported Out with Amendments
Yes: 17 • No: 5
House vote • 4/9/2025
Agriculture, Land Use, Natural Resources, and Water: Heard and Reported Out with Amendments
Yes: 9 • No: 0
Actions Timeline
Chapter 575, (2025 Laws): Effective date January 1, 2026.
8/13/2025HouseGovernor signed.
7/24/2025HousePresident signed.
6/30/2025SenateSpeaker signed.
6/30/2025HouseRules suspended. House concurred in Senate amendments and repassed bill.
6/27/2025HouseRules suspended. Third reading. Carried by Gorsek. Passed.
6/27/2025SenateSecond reading.
6/27/2025Senate(Amendments distributed.)
6/27/2025SenateRecommendation: Do pass with amendments to the B-Eng. bill, to resolve conflicts. (Printed C-Eng.)
6/27/2025SenateWork Session held.
6/27/2025SenateReferred to Ways and Means.
6/24/2025SenateFirst reading. Referred to President's desk.
6/24/2025SenateThird reading. Carried by Owens. Passed.
6/23/2025HouseSecond reading.
6/20/2025HouseRecommendation: Do pass with amendments and be printed B-Engrossed.
6/19/2025HouseWork Session held.
6/17/2025HouseReturned to Full Committee.
6/10/2025HouseWork Session held.
6/10/2025HouseAssigned to Subcommittee On Natural Resources.
6/4/2025HouseReferred to Ways and Means by order of Speaker.
4/16/2025HouseRecommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Ways and Means.
4/16/2025HouseWork Session held.
4/9/2025HousePublic Hearing held.
4/2/2025HousePublic Hearing held.
3/12/2025HouseReferred to Agriculture, Land Use, Natural Resources, and Water.
2/12/2025House
Bill Text
JWM Amendment -B8 (Adopted)
6/27/2025
JWM Amendment -B7 (Proposed)
6/26/2025
JWM Amendment -A6 (Adopted)
6/17/2025
JWMNR Amendment -A6 (Proposed)
6/10/2025
HALNRW Amendment -5 (Adopted)
4/9/2025
HALNRW Amendment -3 (Proposed)
4/2/2025
HALNRW Amendment -2 (Proposed)
3/12/2025
A-Engrossed
B-Engrossed
C-Engrossed
Enrolled
House Amendments to A-Engrossed
House Amendments to Introduced
Introduced
Senate Amendments to B-Engrossed
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HB 3940, Relating to wildfire; prescribing an effective date; and providing for revenue raising that requires approval by a three-fifths majority.
HB 3630, Relating to estate tax treatment of natural resource property; and prescribing an effective date.