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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 761
Sponsored by Senator NASH, Representative LEVY B; Senators BONHAM, MANNING JR,
MCLANE, SMITH DB, Representatives HELM, OWENS (Presession filed.)
CHAPTER .................................................
AN ACT
Relating to the Walla Walla basin.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) As used in this section:
(a) “District” has the meaning given that term in ORS 540.505.
(b) “Water use subject to transfer” has the meaning given that term in ORS 540.505.
(2) Notwithstanding ORS 537.348, the Water Resources Department may approve an ap-
plication by a district that is wholly or partly within the Walla Walla basin to lease all or a
portion of an existing water right for temporary conversion to an in-stream water right, by
splitting the rate and duty of the water right between an existing use and in-stream use, if:
(a) The application demonstrates that:
(A) The water right is held in the name of the district;
(B) The water use is a water use subject to transfer;
(C) The existing use of the water under the water right is for irrigation; and
(D) The district has diverted the full rate of water allowed in the water right, and the
full duty of water allowed in the water right, if applicable, beneficially and without waste at
least once in the five years preceding the application; and
(b) The department determines that:
(A) Granting the lease will not cause injury to an existing water right;
(B) The district is in compliance with any applicable water use measurement or reporting
requirements;
(C) The department has water use measurements for the water right for the five years
preceding the application;
(D) The district has assisted the department with evaluating the acres within the dis-
trict, using satellite imagery, and has provided relevant input and information to the de-
partment; and
(E) The district has filed affidavits to voluntarily cancel any acres that are subject to
forfeiture under ORS 540.610.
(3) In reviewing an application under subsection (2) of this section, the department:
(a) Shall publish notice of the application in the weekly public notice published by the
department and accept any allegations of injury for at least 21 days after publication of the
notice.
(b) May not consider whether the lease will enlarge an existing water right.
Enrolled Senate Bill 761 (SB 761-A) Page 1
(4) The terms of a lease under this section must provide that, during the term of the
lease, the district:
(a) May not increase the number of acres that are irrigated within the district;
(b) May not increase the district’s consumptive use of water under all water rights held
in the name of the district and the water right that is subject to the lease;
(c) May not increase the district’s use of supplemental water rights or storage water
rights;
(d) Shall comply with a duty for the water right that the department assigns, if no duty
otherwise applies to the water right; and
(e) Shall measure the district’s water use, above, below and at the point of diversion or
points of rediversion and provide the measurements to the department in real time, to the
satisfaction of the watermaster.
(5) At any point, if the department finds that a lease under this section causes injury to
an existing water right:
(a) The department may terminate the lease; and
(b) If the lease is terminated pursuant to this subsection, the water use for the water
right will revert to the terms of the original water right.
(6) The Water Resources Commission may adopt rules as needed to implement this sec-
tion.
SECTION 2.
Section 1 of this 2025 Act is repealed on January 2, 2030.
Passed by Senate April 23, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 19, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 761 (SB 761-A) Page 2