Oregon Revised Statutes Chapter 537 § 537.360 — Relationship between application for in-stream water right and application for

Relationship between application for in-stream water right and application for certain hydroelectric permits. If an application is pending under this chapter for a water right permit to use water for hydroelectric purposes or under ORS 543.010 to 543.610 for a hydroelectric permit or license at the time the Water Resources Commission receives an application for an in-stream water right under ORS 537.336 for the same stream or reach of the stream, the commission shall not take any action on the application for an in-stream water right until the commission issues a final order approving or denying the pending hydroelectric application. [1987 c.859 §15] (Deschutes River Water Bank Pilot Program) Note: Sections 1 to 7 and 9, chapter 513, Oregon Laws 2025, provide: Sec. 1. (1) The Water Resources Commission, after providing opportunity for public notice and comment, may approve a charter to establish a Deschutes River water bank pilot program for surface water. Before approving the charter, the commission must find that the charter: (a) Is approved by the Confederated Tribes of the Warm Springs; and (b) Adheres to the requirements for a water bank charter described in subsection (3) of this section. (2) The persons and entities that are eligible to participate in a water bank described in subsection (1) of this section are: (a) Water rights holders that divert surface water from the Deschutes River, including irrigation districts. (b) The Confederated Tribes of the Warm Springs. (c) Cities in central Oregon. (d) Public utilities, as defined in ORS 757.005, and domestic water supply districts organized under ORS chapter 264 that: (A) Supply water to cities in central Oregon; and (B) Provide water to at least 2,000 water service connections. (e) The Deschutes River Conservancy. (3) A water bank charter must include: (a) A description of the geographic area for water bank operations, which must be limited to the Deschutes River above Lake Billy Chinook and areas that may be served by the water bank by points of diversion from the Deschutes River. (b) Identification of, and signatures from authorized representatives of, the participants. (c) An agreement that the Deschutes River Conservancy will manage the operations of the water bank, in coordination with the participants. (d) A requirement that water described in subsection (4) of this section be dedicated to legally protected in-stream flows as provided in subsection (4) of this section. (e) A requirement that the participants depositing water into or receiving water from the water bank have measured water use and reported the measurements to the Water Resources Department for the past five years. (f) A requirement that the operations of the water bank may not: (A) Injure existing water rights, unless the holder of the right has signed a forbearance agreement. (B) Reduce the surface flow of state scenic waterways. (C) Except as provided in section 4 of this 2025 Act, enlarge existing water rights. (D) Result in a total number of irrigated acres that is greater than the acreage authorized under a person’s or entity’s existing water rights for irrigation. (E) Deposit water from or provide water to existing water rights that: (i) Are not a water use subject to transfer, as defined in ORS 540.505; and (ii) Have not been beneficially used in the past five years or are otherwise subject to forfeiture. (g) A description of how the water bank will ensure that uses are consistent with basin plans or rules of the commission. (h) A description of how water rights will be vetted for inclusion in the water bank, including how the water rights will satisfy the requirements of paragraph (f) of this subsection. (i) A description of how the participants depositing water into or receiving water from the water bank will manage water in coordination with the department. (4) For purposes of subsection (3)(d) of this section, the following shall be dedicated to legally protected in-stream flows: (a) Twenty-five percent of the volume of water loaned to the water bank as a result of the fallowing of acres during all or part of an irrigation season, which must be protected by an in-stream lease during the irrigation season. (b) Water withdrawn by the North Unit Irrigation District as a result of water loaned to the water bank from on-farm activities, other than the fallowing of acres during the irrigation season, which shall be protected in an amount equal to 100 percent of the withdrawn value. The protection in-stream shall be by an in-stream lease or a limited license for flow augmentation for winter release from Wickiup Reservoir into the Deschutes River. (c) Any surface water loaned to the water bank that is more than the surface water transacted for out-of-stream use, which must be protected by an in-stream lease during the irrigation season. (d) Water deposited into the water bank solely for in-stream purpose