1. Oregon Water Resources Department April 14, 2011 HB 2134: Umatilla Basin Water Exchange

2. Outline Intent A look at the proposed language Protections

3. Intent The goal of the broader Umatilla Basin Aquifer Recovery Project is to improve water supplies in the Umatilla Basin critical groundwater areas. Having identified two of the best groundwater recharge sites in the Umatilla Basin, get water on these locations at the lowest possible cost, while maintaining protections for existing and instream water rights.

4. Intent

5. Certificates # 76669 & 82596

9. A Look at Proposed Language (HB 2134-3) Add to ORS 540.533, the “Exchange Statute,” the following: 1)Expand definition of person holding a water right, certificate, or permit to include a person who “holds a permit issued under ORS 537.135 for recharging ground water within the Umatilla Basin.” 2)Expand conditions under which the above can apply for an exchange, if the person develops water for appropriation under…“the permit for recharging ground water,” but cannot economically convey the water to its point of use. 3)Expand required application materials to include: “For persons holding a permit issued under ORS 537.135 for recharging ground water in the Umatilla Basin evidence to the satisfaction of the Water Resources Director that the exchange will result in no net loss of flow in the Umatilla River.”

10. Protections Already in statute & rule: Conduct an exchange of water that is of equal amount. See ORS 540.533. Protect the Columbia River by processing new water right applications using WRD’s Division 33 standards. These limitations carry over into an exchange as well. Public Process ~ –For new water right applications, see Division 310 re notice, comment, and protests. –For exchange applications, see ORS 540.535 re notice, and Division 380 re public comment, negotiations, and hearings.

11. Protections Set forth in a future exchange order: Instream rights in the Umatilla River are protected by WRD…maintain these instream protections by including conditions in the exchange order. Require measurement and reporting in order to carefully manage the exchange. In the event the exchange ends, permitees would have up to 5 years to develop water rights for lands identified in the original permit, or face cancellation.

12. Questions?