US Laws, Codes, Statutes & Cases

TITLE 45

 

WATER RESOURCES: IRRIGATION, DRAINAGE,

FLOOD CONTROL, RECLAMATION

 

Chapter     536.     Water Resources Administration

                  537.     Appropriation of Water Generally

                  538.     Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights

                  539.     Determination of Water Rights Initiated Before February 24, 1909; Determination of Water Rights of Federally Recognized Indian Tribes

                  540.     Distribution of Water; Watermasters; Change in Use, Transfer or Forfeiture of Water Rights

                  541.     Watershed Enhancement and Protection; Water Development Projects; Miscellaneous Provisions on Water Rights; Stewardship Agreements

                  542.     Water Resource Surveys and Projects; Compacts

                  543.     Hydroelectric Projects

                  543A.  Reauthorizing and Decommissioning Hydroelectric Projects

                  545.     Irrigation Districts

                  547.     Drainage Districts

                  548.     Provisions Applicable Both to Drainage Districts and to Irrigation Districts

                  549.     Drainage and Flood Control Generally

                  551.     Diking Districts

                  552.     Water Improvement Districts

                  553.     Water Control Districts

                  554.     Corporations for Irrigation, Drainage, Water Supply or Flood Control

                  555.     Reclamation Projects

                  558.     Weather Modification

 

_______________

 

Chapter 536 — Water Resources Administration

 

2007 EDITION

 

WATER RESOURCES ADMINISTRATION

 

WATER LAWS

 

GENERAL PROVISIONS

 

536.007     Definitions

 

536.009     Water Resources Department Water Right Operating Fund; uses; sources

 

536.015     Water Resources Department Hydroelectric Fund; uses; sources

 

536.017     Records of expenditures from Water Resources Department Hydroelectric Fund

 

536.021     Water Measurement Cost Share Program Revolving Fund; uses; sources; prioritization

 

WATER RESOURCES COMMISSION

 

536.022     Water Resources Commission; members; terms; confirmation; compensation and expenses

 

536.025     Duty of commission; delegation to Water Resources Director; exception

 

536.026     Powers of Water Resources Commission

 

536.027     Rules and standards

 

536.028     Rules pertaining to human or livestock consumption uses within or above scenic waterway

 

536.031     Applicability of rules to completed application for permit

 

WATER RESOURCES DIRECTOR

 

536.032     Water Resources Director; term; qualifications

 

536.037     Functions of director

 

536.039     Water Resources Department

 

536.040     Public records; copies as evidence

 

536.050     Fees; rules; refunds; waiver and reduction of certain fees

 

536.055     Agreements to expedite processing and review of applications, permits and other administrative matters; fees

 

536.075     Judicial review of final order of commission or department; stay of order; scope of review

 

536.080     Effect of records of former State Water Board and State Water Superintendent

 

536.090     Ground water advisory committee; duties; qualification; term; expenses

 

WATER RESOURCES ADMINISTRATION

 

536.220     Policy on water resources generally

 

536.235     Policy on minimum streamflows

 

536.238     Policy on water storage facilities

 

536.241     Policy on water supply

 

536.295     Conditions for consideration of application for use not classified in basin program; rules

 

536.300     Formulation of state water resources program; public hearing in affected river basin

 

536.310     Purposes and policies to be considered in formulating state water resources program

 

536.315     Designation of exact land areas included within auxiliary lands

 

536.320     Limitation of powers of commission

 

536.330     Water Resources Act as supplemental to and including existing statutes

 

536.340     Classification of water as to highest and best use and quantity of use; enforcement of laws concerning loss of water rights; prescribing preferences for future uses

 

536.350     Delivery of water resources statement to certain public bodies; effect

 

536.360     State agencies and public corporations to conform to statement of state water resources policy

 

536.370     Exercise of power in conflict with state water resources policy not effective until approved by commission

 

536.380     Notification to commission of proposed exercise of power involving water resources required; review and determination by commission

 

536.390     Approval without filing notification

 

536.400     Application to court to compel compliance with state water resources policy

 

536.410     Withdrawal of unappropriated waters from appropriation by commission order

 

536.420     Representation of state in carrying out compacts and agreements with other governmental agencies regarding water resources

 

536.430     Commission to devise plans and programs for development of water resources

 

536.440     Investigations and studies

 

536.450     Assistance by commission to other persons and agencies

 

536.460     Preparation and submission of information or recommendations to other persons or agencies

 

536.470     Coordination of local, state, interstate and federal programs

 

536.480     Making available information concerning water resources

 

536.490     Attendance at conferences and meetings

 

536.500     Acceptance and expenditure of moneys from public and private sources

 

536.520     State agencies and public corporations furnishing information and services to commission

 

536.540     Approval of voucher claims

 

MISCELLANEOUS PROVISIONS

 

536.570     Moneys and securities of irrigation districts in possession of Water Resources Commission; deposit with State Treasurer

 

536.580     Rights acquired prior to August 3, 1955, not affected

 

536.590     Rights acquired prior to January 1, 1956, not affected

 

536.595     Department discussions with Corps of Engineers over operation of Detroit Lake

 

EMERGENCY WATER SHORTAGE POWERS

 

536.700     “Drainage basin” defined

 

536.710     Policy

 

536.720     Declaration of state authority; Governor’s power to order water conservation or curtailment plan

 

536.730     Effect of emergency powers on vested water rights

 

536.740     Governor’s authority to declare drought

 

536.750     Powers of commission after declaration of drought; rules

 

536.760     Cessation of actions taken under ORS 536.750

 

536.770     Purchase of option or agreement for use of water permit or right during declared drought; application; fee

 

536.780     Water conservation or curtailment plan; contents; review; effect of failure to file or implement

 

PENALTIES

 

536.900     Civil penalties; imposition

 

536.905     Notice; application for hearing

 

536.910     Amount of penalty; rules

 

536.915     Remission or reduction of penalty

 

536.920     Factors to be considered in imposition of penalty

 

536.930     Consequence of failure to follow order

 

536.935     Disposition of penalties; appropriation

 

      536.005 [1975 c.581 §13; repealed by 1985 c.673 §185]

 

GENERAL PROVISIONS

 

      536.007 Definitions. As used in ORS 196.600 to 196.905, 541.010 to 541.320 and 541.430 to 541.545, 541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543:

      (1) “Commission” means the Water Resources Commission.

      (2) “Department” means the Water Resources Department.

      (3) “Director” means the Water Resources Director.

      (4) “Existing right” or “vested right” or words of similar import include an inchoate right to the use of water to the fullest extent that the right is recognized, defined or declared by the commission, the director or any court within this state.

      (5) “Order” has the meaning given in ORS 183.310.

      (6) “Person” includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the federal government and any agencies thereof.

      (7) “Public corporation” includes any city, county or district organized for public purposes.

      (8) “Rule” has the meaning given in ORS 183.310.

      (9) “State agency” includes any office, board, commission or department of a state government.

      (10) “State water resources policy” means the water resources policy provided for in ORS 536.295 to 536.350 and 537.505 to 537.534.

      (11) “Undetermined vested right” means a water right claimed under ORS 539.010 as having vested or as having been initiated before February 24, 1909, that has not been determined in an adjudication proceeding under ORS chapter 539 nor is evidenced by a permit or certificate issued under the Water Rights Act.

      (12) “Waters of this state” means any surface or ground waters located within or without this state and over which this state has sole or concurrent jurisdiction.

      (13) “Water resources of this state” means waters of this state and the following auxiliary lands whose usage directly affects the development and control of the waters of this state:

      (a) Potential reservoir sites.

      (b) Floodplain areas forming the predictable channels of floodwater drainage of rivers and streams. [1985 c.673 §2; 1989 c.691 §5]

 

      536.008 [1975 c.581 §14; 1985 c.421 §4; repealed by 1985 c.673 §185]

 

      536.009 Water Resources Department Water Right Operating Fund; uses; sources. (1) There is established in the State Treasury the Water Resources Department Water Right Operating Fund, separate and distinct from the General Fund, to provide for the payment of the program and administrative expenses of the Water Resources Commission and the Water Resources Department in carrying out the provisions of ORS chapters 536, 537, 540 and 541. Interest earned by the fund shall be credited to the fund.

      (2) The fund shall consist of:

      (a) All moneys received under ORS 536.050 and 537.747.

      (b) All moneys received on behalf of the fund by gift, grant or appropriation from whatever source.

      (3) All moneys in the fund are continuously appropriated to the Water Resources Department for payment of expenses as described in this section. [1989 c.758 §3; 1993 c.765 §106; 1999 c.1026 §19; 2003 c.594 §5]

 

      Note: 536.009 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      536.010 [Amended by 1955 c.707 §66; 1973 c.792 §23; repealed by 1975 c.581 §29]

 

      536.014 [1975 c.581 §15; 1981 c.545 §12; 1983 c.643 §1; repealed by 1985 c.673 §185]

 

      536.015 Water Resources Department Hydroelectric Fund; uses; sources. (1) The Water Resources Department Hydroelectric Fund is established separate and distinct from the General Fund of the State Treasury. Except as provided in subsections (4) to (6) of this section, of the moneys in the Water Resources Department Hydroelectric Fund:

      (a) A portion equal to 67 percent of the total moneys received each year shall be transferred to the fund created under ORS 496.835;

      (b) A portion equal to 10.3 percent of the total moneys received each year shall be transferred to an account of the Department of Environmental Quality to be used to review applications for certification of hydroelectric projects under ORS 468B.040 and 468B.045; and

      (c) All of the remaining moneys received each year are continuously appropriated to the Water Resources Commission and the Water Resources Department to provide for the payment of the administrative expenses of the commission and the department in carrying out their responsibilities related to the issuance of permits, licenses or water right certificates for hydroelectric projects.

      (2) The following shall be deposited into the State Treasury and credited to the Water Resources Department Hydroelectric Fund:

      (a) Fees received by the Water Resources Department for hydroelectric projects under ORS 536.050, 543.078 to 543.092, 543.210, 543.280, 543.300, 543.710, 543A.405 and 543A.415; and

      (b) All moneys received on behalf of this account by gift, grant or appropriation from whatever source.

      (3) All interest, if any, from moneys credited to the Water Resources Department Hydroelectric Fund shall be credited to the fund and shall inure to the benefit of the Water Resources Department Hydroelectric Fund.

      (4) Application fees received under ORS 543A.405 shall be disbursed to the various agencies in the amounts specified in the cost reimbursement agreement executed with each reauthorization applicant.

      (5) Four cents of each 28 cents paid as a reauthorization fee under ORS 543A.415 shall be paid to the Department of Environmental Quality.

      (6) Annual fees paid under ORS 543.078 shall be disbursed to state agencies pursuant to a memorandum of agreement developed by the Department of Environmental Quality, the State Department of Fish and Wildlife and the Water Resources Department. [1991 c.869 §2; 1997 c.449 §36; 1999 c.873 §13]

 

      536.017 Records of expenditures from Water Resources Department Hydroelectric Fund. The Water Resources Commission and the State Department of Fish and Wildlife shall maintain records of expenditures from the Water Resources Department Hydroelectric Fund established under ORS 536.015. The records shall account for costs imposed against specific operating hydroelectric projects and against projects in the process of obtaining a state or federal hydroelectric permit, certificate or license. [1991 c.869 §13]

 

      Note: 536.017 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      536.018 [1975 c.581 §16; repealed by 1985 c.673 §185]

 

      536.020 [Repealed by 1955 c.707 §75]

 

      536.021 Water Measurement Cost Share Program Revolving Fund; uses; sources; prioritization. (1) The Water Measurement Cost Share Program Revolving Fund is established separate and distinct from the General Fund. All moneys in the Water Measurement Cost Share Program Revolving Fund are continuously appropriated to the Water Resources Department for the purposes described in this section.

      (2) The fund established in this section consists of moneys appropriated by the Legislative Assembly and moneys gifted, bequested, donated or granted from any person for the purpose of installing, substantially repairing or replacing streamflow gauges, measuring devices or headgates with measuring devices.

      (3) The department may use the moneys in the fund to contribute up to 75 percent of the moneys needed to install, substantially repair or replace a streamflow gauge, measuring device or headgate with a measuring device on authorized diversions on the waters of this state where the gauge, measuring device or headgate will be used to protect in-stream flow or to monitor water rights and streamflow.

      (4) The department may receive funds from, and may enter into agreements or contracts with, any person for the purpose of implementing the Water Measurement Cost Share Program Revolving Fund.

      (5) The department shall prioritize the expenditure of moneys from the fund for streamflow gauges, measuring devices and headgates with measuring devices in the following descending order:

      (a) Installation.

      (b) Replacement.

      (c) Substantial repair. [2001 c.808 §2]

 

WATER RESOURCES COMMISSION

 

      536.022 Water Resources Commission; members; terms; confirmation; compensation and expenses. (1) There is created a Water Resources Commission consisting of seven members, appointed by the Governor, one of whom the Governor shall designate as chairperson. The members appointed to the commission shall be subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. One member of the commission shall be appointed from each of the five regional river basin management areas set forth in subsection (3) of this section, one member shall be appointed from east of the summit of the Cascade Mountains, as defined in ORS 477.001, and one member shall be appointed from west of that summit.

      (2) The term of office of a member shall be four years. Before the expiration of the term of a member, the Governor shall appoint a successor to assume the retiring member’s duties on July 1 next following. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. The members of the commission shall serve at the pleasure of the Governor.

      (3) For purposes of appointing members under subsection (1) of this section, the drainage basins of the state shall be divided into the following regional river basin management areas:

      (a) Upper Northwest Region, consisting of the Lower and Middle Willamette, North Coast and Sandy drainage basins and that portion of the Columbia River drainage basin below Bonneville Dam.

      (b) Southwest Region, consisting of the Rogue, Klamath, Goose and Summer Lakes drainage basins and that portion of the South Coast drainage basins south of the mouth of the Rogue River.

      (c) West Central Region, consisting of the Umpqua, Mid Coast, Upper Willamette and that portion of the South Coast drainage basins north of the mouth of the Rogue River.

      (d) North Central Region, consisting of the Umatilla, John Day, Hood and Deschutes drainage basins and that portion of the Columbia River drainage basin above Bonneville Dam.

      (e) Eastern Region, consisting of the Owyhee, Malheur, Grande Ronde, Malheur Lake, Middle Snake and Powder drainage basins.

      (4) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [1985 c.673 §3; 1995 c.548 §1]

 

      536.025 Duty of commission; delegation to Water Resources Director; exception. (1) It is the function of the Water Resources Commission to establish the policies for the operation of the Water Resources Department in a manner consistent with the policies and purposes of ORS 196.600 to 196.905, 537.525, 541.010 to 541.320, 541.430 to 541.545, 541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543. In addition, the commission shall perform any other duty vested in it by law.

      (2) Except for the commission’s power to adopt rules, the commission may delegate to the Water Resources Director the exercise or discharge in the commission’s name of any power, duty or function of whatever character, vested in or imposed by law upon the commission. The official act of the director acting in the commission’s name and by the commission’s authority shall be considered to be an official act of the commission.

      (3) The commission may delegate to the director the authority to conduct a public hearing relating to the adoption or amendment of a basin program as provided in ORS 536.300. However, the commission may not delegate to the director the authority to adopt or amend a basin program. [1985 c.673 §4]

 

      536.026 Powers of Water Resources Commission. (1) The Water Resources Commission, its members or a person designated by and acting for the commission may:

      (a) Conduct public hearings.

      (b) Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the commission.

      (c) Administer oaths.

      (d) Take or cause to be taken depositions and receive such pertinent and relevant proof as may be considered necessary or proper to carry out duties of the commission and Water Resources Department under ORS 196.600 to 196.905, 541.010 to 541.320, 541.430 to 541.545, 541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543.

      (2) Subpoenas authorized by this section may be served by any person authorized by the person issuing the subpoena. Witnesses who are subpoenaed shall receive the fees and mileage provided in ORS 44.415 (2). [Formerly 536.029]

 

      536.027 Rules and standards. (1) In accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission shall adopt rules and standards to perform the functions vested by law in the commission.

      (2) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard before its adoption. The hearing may be before the commission, any designated member of the commission or any person designated by and acting for the commission. [1985 c.673 §5]

 

      536.028 Rules pertaining to human or livestock consumption uses within or above scenic waterway. In accordance with applicable provisions of ORS chapter 183, the Water Resources Commission may adopt rules necessary to administer the provisions of ORS 390.835 pertaining to the issuance of a water right within or above a scenic waterway. [1993 c.99 §3; 1995 c.719 §2]

 

      536.029 [1985 c.673 §11; 1989 c.980 §14c; renumbered 536.026 in 1999]

 

      536.030 [Repealed by 1975 c.581 §29]

 

      536.031 Applicability of rules to completed application for permit. (1) Except as provided in subsection (2) of this section, the Water Resources Department may apply only those rules of the department that are in effect as of the date that a completed application is made for a permit in deciding whether to approve, deny or impose conditions on the permit.

      (2) This section does not affect the application of any rule of the department that:

      (a) Is required by federal law;

      (b) Is required by any agreement between the state and a federal agency;

      (c) The applicant voluntarily agrees to make applicable to the application; or

      (d) Is necessary to protect public health and safety. [1999 c.301 §2]

 

WATER RESOURCES DIRECTOR

 

      536.032 Water Resources Director; term; qualifications. Subject to confirmation by the Senate in the manner provided in section 4, Article III, Oregon Constitution, the Governor shall appoint a Water Resources Director. The director shall be an individual qualified by training and experience and shall serve for a term of four years at the pleasure of the Governor. The director or a principal assistant must be a licensed engineer experienced in water-related engineering. [1975 c.581 §18; 1985 c.673 §7]

 

      536.035 [1955 c.513 §1; repealed by 1975 c.581 §29]

 

      536.037 Functions of director. (1) Subject to policy direction by the Water Resources Commission, the Water Resources Director shall:

      (a) Be administrative head of the Water Resources Department;

      (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department;

      (c) Administer and enforce the laws of the state concerning the water resources of this state;

      (d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning the water resources of this state;

      (e) Have power to enter upon any private property in the performance of the duties of the director, doing no unnecessary injury to the private property; and

      (f) Coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.375 with activities of other cooperating state and federal agencies participating in the project.

      (2) In addition to duties otherwise required by law, the director shall prescribe internal policies and procedures for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

      (3) The director may delegate to any employee of the department the exercise or discharge in the director’s name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of a person so acting in the director’s name and by the director’s authority shall be considered to be an official act of the director. [1985 c.673 §8; 1987 c.734 §14]

 

      536.039 Water Resources Department. There is hereby established in the executive-administrative branch of the government of the state under the Water Resources Commission a department to be known as the Water Resources Department. The department shall consist of the director of the department and all personnel employed in the department including but not limited to all watermasters appointed under ORS 540.020. [1985 c.673 §§6,203]

 

      536.040 Public records; copies as evidence. (1) The records of the Water Resources Department are public records and shall remain on file in the department and be open to the inspection of the public at all times during business hours. The records shall show in full all maps, profiles, and engineering data relating to the use of water, and certified copies thereof shall be admissible as evidence in all cases where the original would be admissible as evidence.

      (2) Whenever a record is required to be filed or maintained in the Water Resources Department, the record may be handwritten, typewritten, printed or a photostated or photographic copy and any means of recording the information is acceptable, including but not limited to papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other preservation of the document or the information contained in the document.

      (3) Notwithstanding any provision of subsection (2) of this section, the Water Resources Department shall maintain a paper copy of each final water use permit, certificate, order of the Water Resources Commission or Water Resources Director, decree or certificate of registration. The copies shall be retained in a secure location in the department. [Amended by 1975 c.581 §20; 1991 c.102 §1]

 

      536.050 Fees; rules; refunds; waiver and reduction of certain fees. (1) The Water Resources Department may collect the following fees in advance:

      (a) For examining an application for a permit:

      (A) To appropriate water, except as provided under ORS 543.280 for an application for a hydroelectric project:

      (i) A base fee of $500 for an appropriation of water through a single use, point of diversion or point of appropriation;

      (ii) $200 for the first second-foot or fraction thereof appropriated under the permit;

      (iii) $100 for each additional second-foot or fraction thereof appropriated under the permit;

      (iv) $200 for each additional use, point of diversion or point of appropriation included in the application; and

      (v) If appropriating stored water, $20 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1 for each additional acre-foot or fraction thereof.

      (B) To store water under ORS 537.400 or 537.534 (4):

      (i) A base fee of $500; and

      (ii) $20 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1 for each additional acre-foot or fraction thereof.

      (C) To exclusively appropriate stored water:

      (i) A base fee of $250; and

      (ii) $15 for the first acre-foot or fraction thereof up to 10 acre-feet, plus $1 for each additional acre-foot or fraction thereof.

      (b) For recording a permit to appropriate or store water, $300.

      (c) For filing and recording the assignment or partial assignment of a water right application, permit or license under ORS 537.220 or 537.635, $50.

      (d) For copying records in the department, $2 for the first page and 50 cents for each additional page.

      (e) For certifying copies, documents, records or maps, $10 for each certificate.

      (f) For a blueprint copy of any map or drawing, the actual cost of the work.

      (g) For a computer-generated map, the actual cost of the work.

      (h) For examining an application for approval of a change to an existing water right or permit:

      (A) A base fee of $400 for a change to a single water right or permit;

      (B) $400 for each additional type of change requested;

      (C) For a request for a change in place of use or type of use or for a water exchange under ORS 540.533, $200 for each second-foot or fraction thereof requested beyond the first second-foot; and

      (D) $200 for each additional water right or permit included in the application.

      (i) For examining an application for a temporary change in place of use under ORS 540.523, for a temporary transfer under ORS 540.585 or for a temporary change in place of use, a change in the point of diversion to allow for the appropriation of ground water or a change of a primary right to a supplemental right under ORS 540.570, a base fee of $200 for the first water right or permit, plus $50 for each additional water right or permit included in the application and:

      (A) For nonirrigation uses, $80 for each second-foot or fraction thereof requested beyond the first second-foot; or

      (B) For irrigation uses, $1 per acre of land irrigated or, if the application and required map are submitted to the department in a department-approved digital format, 25 cents per acre of land irrigated.

      (j) For submitting a protest to the department, $350.

      (k) For filing an application for extension of time within which irrigation or other works shall be completed or a water right perfected, $350.

      (L) For a limited license under ORS 537.143 or 537.534 (2), the fee established by rule by the Water Resources Commission.

      (m) For filing, examining and certifying a petition under ORS 541.329, $250 plus 10 cents per acre of water involved in the application. For purposes of computing this fee, when any acreage within a quarter quarter of a section is involved, the 10 cents per acre shall apply to all acres in that quarter quarter of a section. Notwithstanding the fee amount established in this paragraph, a district notifying the department under ORS 541.327 (4) shall pay the actual cost of filing, examining and certifying the petition.

      (n) For requesting standing under ORS 537.153, 537.621 or 543A.120, $100.

      (o) For participating in a contested case proceeding under ORS 537.170, 537.622 or 543A.130, $250.

      (p) Except for an applicant, for obtaining a copy of both a proposed final order and a final order for a water right application under ORS 537.140 to 537.252, 537.505 to 537.795 or 543A.005 to 543A.300 or an extension issued under ORS 537.230, 537.248 or 537.630, $10.

      (q) For examining an application to store water under ORS 537.409:

      (A) A base fee of $80; and

      (B) $20 for each acre-foot or fraction thereof.

      (r) For submitting a notice of intent under ORS 543A.030 or 543A.075, the amount established by the Water Resources Director under ORS 543A.410.

      (s) For examining an application for a substitution made under ORS 540.524, $280.

      (t) For examining an application for an allocation of conserved water under ORS 537.455 to 537.500, $700.

      (u) For submitting a water management and conservation plan pursuant to rules of the commission:

      (A) $250, if the plan is submitted by an agricultural water supplier;

      (B) $500, if the plan is submitted by a municipal water supplier serving a population of 1,000 or fewer persons; or

      (C) $1,000, if the plan is submitted by a municipal water supplier serving a population of more than 1,000 persons.

      (v) For examining a new application for an in-stream water right lease under ORS 537.348:

      (A) $200 for an application for a lease with four or more landowners or four or more water rights; or

      (B) $100 for all other applications.

      (w) For examining an application for an in-stream water right lease renewal, $50.

      (2) Notwithstanding the fees established under subsection (1) of this section, the commission may establish lower examination and permit fees by rule for:

      (a) The right to appropriate water for a storage project of five acre-feet or less; or

      (b) The right to appropriate water for the purpose of allowing the applicant to water livestock outside of a riparian area, as that term is defined in ORS 541.351.

      (3)(a) The director may refund all or part of a fee paid to the department under this section if the director determines that a refund of the fee is appropriate in the interests of fairness to the public or necessary to correct an error of the department.

      (b) The director may refund all or part of the protest fee described in subsection (1)(j) of this section to the legal owner or occupant who filed a protest under ORS 540.641 if an order of the Water Resources Commission establishes that all or part of a water right has not been canceled or modified under ORS 540.610 to 540.650.

      (4) The director may waive all or part of a fee for a change to a water right permit under ORS 537.211 (4), a change to a water right subject to transfer under ORS 540.520 or 540.523 or an allocation of conserved water under ORS 537.470, if the change or allocation of conserved water is:

      (a) Made pursuant to ORS 537.348;

      (b) Necessary to complete a project funded under ORS 541.375; or

      (c) Approved by the State Department of Fish and Wildlife as a change or allocation of conserved water that will result in a net benefit to fish and wildlife habitat.

      (5) Notwithstanding the fees established pursuant to this section, the commission may adopt by rule reduced fees for persons submitting materials to the department in a digital format approved by the department.

      (6) All moneys received under this section, less any amounts refunded under subsection (3) of this section, shall be deposited in the Water Resources Department Water Right Operating Fund.

      (7) Notwithstanding subsection (6) of this section, all fees received by the department for power purposes under ORS 543.280 shall be deposited in the Water Resources Department Hydroelectric Fund established by ORS 536.015. [Amended by 1961 c.187 §3; 1967 c.36 §1; 1973 c.163 §4; 1975 c.581 §21; 1981 c.627 §1; 1983 c.256 §1; 1985 c.673 §12; 1987 c.815 §8; 1989 c.587 §1; 1989 c.758 §1; 1989 c.933 §4; 1989 c.1000 §6; 1991 c.734 §49a; 1991 c.869 §4; 1995 c.416 §1; 1995 c.752 §6; 1997 c.449 §35; 1997 c.587 §1; 1999 c.555 §3; 1999 c.664 §1; 1999 c.665 §1; 1999 c.873 §19; 2003 c.594 §1; 2003 c.691 §4; 2003 c.705 §7; 2005 c.156 §1; 2007 c.188 §1; 2007 c.267 §1]

 

      536.055 Agreements to expedite processing and review of applications, permits and other administrative matters; fees. (1) The Water Resources Department may, with any person, enter into an agreement that sets fees to be paid to the department for the purpose of enabling the department to expedite or enhance the regulatory process to provide services voluntarily requested under the agreement. Pursuant to the agreement, the department may hire additional temporary staff members, contract for services or provide additional services to the person that are within the authority of the department to provide.