What the Measure Does
Measure 20-373, known as the Lane County Watersheds Bill of Rights, is a citizen-initiated ordinance that would (1) recognize rights of watersheds, ecosystems, and natural communities within the county to naturally exist, flourish, regenerate, and evolve, and (2) establish residents’ right to clean water, including drinking water free of pollution and affordable domestic water access. If approved, Lane County would be responsible for enforcing this measure, and residents would be authorized to file civil lawsuits against any corporate, government, or other business entity that violates the rights set forth in the measure.
Definitions
The measure defines a "watershed" as the water and land area that drains rain, snow, and groundwater into a single outlet, such as rivers, creeks, lakes, wetlands, aquifers, and the Pacific Ocean. The measure also defines “ecosystem,” “natural community,” and “pollution,” adopting the Oregon law definition of pollution. The definition includes alterations to state waters or discharges that create a public nuisance or harm public health, livestock, wildlife, and aquatic life.
Rights Established
The measure declares that watersheds, ecosystems, and natural communities have the right to exist, flourish, regenerate, and evolve. It also declares that Lane County residents have the right to water free of pollution and to affordable domestic water access. Affordable is not defined within the measure. The measure states its rights protections cannot be preempted by less protective state, federal, or international law.
Enforcement
The measure requires Lane County, including its elected representatives, officials, and staff, to enforce and defend the law and the rights established. The mechanism for implementation and enforcement is not defined by the measure. The measure also allows residents of Lane County, or watersheds, to bring lawsuits against any corporate, government, or other business entities, to enforce these rights. This measure does not apply to actions by private individuals. Such lawsuits could be brought either on behalf of affected residents or a watershed or ecosystem itself. Courts could order actions to reduce or eliminate environmental harm and could modify or nullify permits or approvals that contribute to violations.
The government is required to adopt protective and effective measures to prevent and/or remedy actual and potential violation of the rights declared within this ordinance even in the absence of scientific certainty or full evidence of the risk. The financial and administrative impact of this measure has not been determined.
If a court finds that a watershed has been damaged, the measure provides that damages may be based on the cost of restoring the watershed or ecosystem to its previous condition. Any awarded funds must be used to restore the impaired watershed or ecosystem using the most current scientific evidence-based practices. The measure also authorizes an additional civil penalty equal to one percent of restoration costs per day, beginning when the violation is reported and continuing until it stops. Successful plaintiffs may also recover attorney fees and legal costs.
Public or private employees who report violations would receive whistleblower protections under Oregon law, including compensation for damages suffered.
(This impartial statement explaining the measure was provided by the Explanatory Committee, appointed by the Lane County Board of Commissioners.)