HB 4049 — Relating to Harney Basin water; prescribing an effective date.

“(d)(d) Describe how the parties will evaluate compliance with the voluntary agreement, which may include but need not be limited to:

“(A)(A) A description of data sources that the parties will use to measure ground water levels,lev- els, water level trends, water use and the effect of conservation and water efficiencies implementedim- plemented as part of the voluntary agreement;

and “(B)(B) Whether to credit the implementation of efficiencies that are consistent with appli- cable law and the long-term sustainability of the resource, even if ground water levels are not measurably increasing due to low-recharge geologic formations and hydrogeological conditions.

“(e)(e) Establish a schedule for periodic review of the voluntary agreement by the commis- sion.

“(6)(a)(6)(a) Parties seeking approval of a voluntary agreement must submit the voluntary agreement and any supporting documents to the commission and the Water Resources Di- rector.

“(b)(b) The commission shall place a voluntary agreement on the agenda of the first regu- larly scheduled meeting of the commission that falls at least 90 days after the date on which the commission received the voluntary agreement.

“(7)(a)(7)(a) Except as provided in paragraph (e) of this subsection, the Water Resources De- partment shall, no later than 30 days after the director receives a voluntary agreement:

“(A)(A) Review the voluntary agreement;

and “(B)(B) Meet with the parties to the voluntary agreement to provide feedback based on the department’s[2] review.A-Eng.

“(b)HB Except4049 asdepartment’s providedreview. in paragraph (e) of this subsection, no later than 30 days after meeting with the department under paragraph (a) of this subsection, the parties to the agreement shall:

“(A)(b) SubmitExcept anas updatedprovided agreementin paragraph (e) of this subsection, no later than 30 days after meeting with the department under paragraph (a) of this subsection, the parties to the commission;agreement shall:

or(A) “(B)Submit Notifyan theupdated commissionagreement and the department that the parties have declined to make updates to the voluntarycommission; agreement.

“(c)or The(B) departmentNotify shallthe preparecommission aand recommendation to the commission,department basedthat on appli- cable law, for approval or rejection of the voluntaryparties agreement,have includingdeclined anyto make updates to the voluntary agreementagreement. made pursuant to this subsection.

(c) The department shall prepare a recommendation to the commission, based on appli- cable law, for approval or rejection of the voluntary agreement, including any updates to the voluntary agreement made pursuant to this subsection.

HA(d) to HB 4049 Page 2 “(d) Notwithstanding subsection (6)(b) of this section, if the commission determines that the commission or the department lacks the staff capacity to simultaneously evaluate two or more voluntary agreements placed on the agenda of a regularly scheduled meeting, the commission may delay consideration of the second agreement placed on the agenda, and any other agreements subsequently placed on the agenda, until the commission has approved or rejected the first agreement placed on the agenda.

“(e)(e) Notwithstanding paragraphs (a) and (b) of this subsection:

“(A)(A) The parties to a voluntary agreement and the department may agree to extend ei-either ther deadline described in paragraph (a) or (b) of this subsection.

“(B)(B) If the commission delays consideration of a voluntary agreement as provided in paragraphpar- agraph (d) of this subsection, the commission may extend either deadline described in paragraphpara- graph (a) or (b) of this subsection, provided that the extension does not delay the con-consideration sideration of the voluntary agreement longer than reasonably necessary for the departmentdepart- ment to satisfy the requirements of this subsection.

“(8)(8) The commission shall approve a voluntary agreement if the commission finds that the voluntary agreement:

“(a)(a) Is consistent with the intent, purposes and requirements of ORS 537.505 to 537.795 and 537.992;

“(b)(b) Is likely to achieve reasonably stable ground water levels within a reasonable time;

“(c)(c) Demonstrates how and to what extent the voluntary agreement will minimize and mitigate economic impacts to the region;

and “(d)(d) Satisfies the requirements of subsections (3) to (5) of this section.

“(9)(9) Notwithstanding any other provision of law, the commission may not require a minimummini- mum level of participation in a voluntary agreement as a condition of approval.

“(10)(10) Approval or rejection by the commission of a voluntary agreement described in this section shall constitute an order other than a contested case subject to review as provided in ORS 183.484.

“(11)(11) Notwithstanding ORS 536.025, the commission may not delegate to the department or the Water Resources Director the commission’s authority to approve or reject a volun- tary agreement.

“(12)(12) A voluntary agreement shall control in lieu of a formal order of the commission or rule adopted under ORS 537.505 to 537.795 and 537.992 until the agreement is terminated.

“(13)[3] BeforeA-Eng. the implementation of an approved voluntary agreement, the parties shall:

“(a)HB Install4049 a(13) totalizingBefore flowthe meterimplementation onof anyan wellapproved used to appropriate ground water under the voluntary agreementagreement, and maintain and repair flow meters as needed prior to and during the irrigationparties season;shall:

“(b)(a) PriorInstall toa eachtotalizing irrigationflow season,meter andon noany laterwell thanused March 1 of each year, develop and submit to theappropriate department an irrigation plan for total annual use of ground water under the terms of the voluntary agreement,agreement includingand themaintain rate, duty and acresrepair toflow whichmeters wateras willneeded beprior appliedto for irrigation and during the wellsirrigation fromseason; which water will be appropriated;

“(c)(b) NoPrior to each irrigation season, and no later than NovemberMarch 151 of each year, reportdevelop and submit to the department thean parties’irrigation plan for total annual use of ground water under the terms of the voluntary agreement;agreement, including the rate, duty and acres to which water will be applied for irrigation and the wells from which water will be appropriated;

and(c) “(d)No Complylater withthan November 15 of each year, report to the termsdepartment andthe conditionsparties’ use of ground water under the voluntary agreement.agreement;

“(14)(a)and The(d) partiesComply towith a voluntary agreement may make minor amendments to the vol-terms untaryand agreementconditions afterof providing the proposedvoluntary minoragreement. amendments to the department.

(14)(a) The HAparties to HBa 4049voluntary Pageagreement 3 parties may notmake implement the proposed minor amendments until the department responds to the proposedvol- minoruntary amendmentsagreement orafter 30providing days has passed since the parties provided the proposed minor amendments to the department,department. whichever occurs first.

“(b)The Proposedparties may not implement the proposed minor amendments submitteduntil the department responds to the departmentproposed underminor thisamendments subsectionor do30 notdays requirehas passed since the approvalparties ofprovided the commission.proposed minor amendments to the department, whichever occurs first.

“(15)(b) NotwithstandingProposed ORSminor 540.520amendments andsubmitted 540.523,to the partiesdepartment tounder athis voluntarysubsection agreementdo maynot temporarilyrequire change the placeapproval of use or point of appropriation of a water right covered by the voluntarycommission. agreement without making an application required by ORS 540.520 or 540.523.

(15) Notwithstanding ORS 540.520 and 540.523, the parties to a voluntary agreement may temporarily change the place of use or point of appropriation of a water right covered by the voluntary agreement without making an application required by ORS 540.520 or 540.523.

“(16)(a)(16)(a) A voluntary agreement may only be terminated by:

“(A)(A) The lapse of time as provided in the voluntary agreement;

“(B)(B) The consent of the parties to the voluntary agreement;

or “(C)(C) Order of the commission, if the commission finds that:

“(i)(i) The voluntary agreement is not being substantially complied with by the parties;

or “(ii)(ii) Changed conditions have made the continuance of the voluntary agreement a detri- ment to the public welfare, safety and health or contrary to the intent, purposes and re- quirements of ORS 537.505 to 537.795 and 537.992.

“(b)(b) The commission shall hold a public hearing, for which adequate notice was provided to the parties and the public, before making a finding described in paragraph (a)(C) of this subsection.”.subsection.

HASECTION to3. HB 4049 Page 4

This 2026 Act takes effect on the 91st day after the date on which the 2026 regular session of the Eighty-third Legislative Assembly adjourns sine die.

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