US Laws, Codes, Statutes & Cases

Chapter 541 — Watershed Enhancement and Protection;

Water Development Projects; Miscellaneous Provisions on Water Rights;

Stewardship Agreements

 

2007 EDITION

 

WATERSHED ENHANCEMENT AND PROTECTION

 

WATER LAWS

 

WATER COMPANIES ORGANIZED UNDER 1891 ACT

 

541.010     Furnishing of water for certain purposes declared to be a public use; rates; amendment of law

 

541.020     Construction of ditches and canals by corporation; route across lands

 

541.030     Ditches and canals across state lands; grant of right of way

 

541.040     Headgate; mode of construction

 

541.050     Leakage or overflow; liability; exception

 

541.055     District liability for seepage and leakage from water or flood control works; limitation on commencement of action

 

541.060     Waste of water; flooding premises; unnecessary diversion

 

541.070     Ditches, canals and flumes as real estate

 

541.080     Suits involving water rights; parties; decree as to priorities

 

APPROPRIATION OF WATER FOR MINING AND ELECTRIC POWER UNDER 1899 ACT

 

541.110     Use of water to develop mineral resources and furnish power

 

541.120     Ditches and canals through lands; use of existing ditch by others than owner; joint liability

 

541.130     Right of way for ditches across state lands

 

APPROPRIATION OF WATER BY THE UNITED STATES

 

541.220     Survey of stream system; delivery of data to Attorney General; suits for determination of water rights

 

541.230     State lands within irrigated area; restrictions on sale; conveyance of lands needed by United States

 

541.240     Right of way for ditches and canals; reservation in conveyances

 

541.250     Cession to United States not rescinded

 

SUITS FOR DETERMINATION OF WATER RIGHTS UNDER 1905 ACT

 

541.310     Suits for determination of rights; parties; survey of stream; disbursements

 

541.320     Decrees adjudicating rights; filing; statement as to matters adjudicated

 

DISTRICT WATER RIGHTS MAPPING

 

541.325     Definitions for ORS 541.327 to 541.333

 

541.327     Failure or refusal of district to act; joint applications; eligible participants

 

541.329     Petition for approval of district map; contents; notice to users; corrections

 

541.331     Protest against approval of petition; hearing; issuance of water right certificate; land subject to inclusion

 

541.333     Application for change of place of use, point of diversion or use; contents; form of map

 

WATERSHED MANAGEMENT AND ENHANCEMENT

 

(Generally)

 

541.351     Definitions for ORS 541.351 to 541.415

 

541.353     Legislative findings; principles of Oregon Plan; policy

 

541.360     Oregon Watershed Enhancement Board; officers; qualifications

 

541.362     Executive director of Oregon Watershed Enhancement Board; appointment

 

541.363     Authority of executive director to enter into interagency agreements

 

541.365     Conduct of watershed enhancement program; integration of geographic information

 

541.368     Implementation of grant programs

 

541.370     Duties of board; grant program; advisory committees

 

541.371     Duties of board related to integrated watershed planning and management; allocation of funds to local soil and water conservation districts and watershed councils

 

541.372     Authority of board to accept moneys; disposition

 

541.373     Authority of Governor to accept moneys; disposition

 

541.375     Watershed enhancement projects; grant program; criteria for approval; acquisition of interest in land or water

 

541.376     Title restrictions on land purchased through grant agreement

 

541.377     Parks and Natural Resources Fund; sources; subaccounts; uses of subaccounts

 

541.378     Restoration and Protection Research Fund; establishment; sources; uses

 

541.379     Watershed Improvement Operating Fund; establishment; sources; uses

 

541.381     Flexible Incentives Account; creation; sources; uses

 

541.384     Watershed management program; project funding; high priority watersheds

 

541.388     Voluntary local watershed councils; protection against liability

 

541.390     Duties of Natural Resources Division

 

541.392     Report to Legislative Assembly

 

541.395     State agency reports to be provided to board

 

541.396     Rules

 

(Watershed Improvement Grant Fund)

 

541.397     Watershed Improvement Grant Fund; creation; sources; uses

 

541.399     Purpose of grants from Watershed Improvement Grant Fund

 

541.401     Criteria for project receiving moneys from Watershed Improvement Grant Fund

 

(The Oregon Plan)

 

541.405     Oregon Plan described; goals; elements; Governor to negotiate with federal government

 

541.407     Healthy Streams Partnership; members; duties

 

541.409     Independent Multidisciplinary Science Team; duties; agency response to science team recommendations

 

541.411     Responsibilities of state agency participating in Oregon Plan

 

541.413     Agency report to legislative committee prior to adjustment of expenditure limitation or additional funding related to Oregon Plan

 

541.415     Oregon Plan for Salmon and Watersheds Legal Fund; establishment; sources; uses

 

541.420     Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan

 

(Stewardship Agreements)

 

541.423     Stewardship agreements; contents; procedures for adoption; rules

 

541.425     Stewardship Agreement Grant Fund

 

541.426     Criteria for funding projects from Stewardship Agreement Grant Fund

 

USE OF WATER TO OPERATE WATER-RAISING MACHINERY

 

541.430     Use of machinery by riparian owner to raise water; prior rights of others

 

SPLASH DAMS

 

541.450     Definitions for ORS 541.450 to 541.460

 

541.455     Splash dams unlawful

 

541.460     Abatement proceedings by Attorney General

 

RELEASE OF WATER FROM IMPOUNDMENT OR DIVERSION STRUCTURE

 

541.510     Authority of Water Resources Commission to require signs warning public of stream level fluctuation

 

541.515     Notice by commission when hazard created by release of stored water

 

541.520     Procedure when owner or operator of structure fails to request hearing; order regulating release of water

 

541.525     Hearing upon request of owner or operator of structure; notice and conduct of hearing

 

541.530     Order of commission regulating release of water

 

541.535     Installation of automatic stream level recording devices

 

541.540     Procedure in emergency when release of water essential

 

541.545     Compliance with orders of commission; enforcement

 

WATER DEVELOPMENT PROJECTS

 

(Definitions)

 

541.700     Definitions for ORS 541.700 to 541.855

 

(Loan Applications)

 

541.703     Project applications; preference for approval

 

541.705     Project applications; contents

 

541.710     Processing project application; fee

 

541.715     Applicant authorized to obtain private planning, engineering and construction services

 

541.720     Conditions for project application approval

 

(Loan Contracts)

 

541.730     Loan contract; repayment plan; other terms and conditions

 

541.735     Payment of funds by State Treasurer pursuant to loan contract

 

541.740     Liens and other loan security; foreclosure; rules

 

541.741     Recovery of certain interest amounts

 

541.745     Remedies of commission when water developer fails to comply with contract

 

541.750     Repayment of moneys to Water Development Administration and Bond Sinking Fund

 

541.755     Use of other funds for project construction; effect on funds loaned by state; use of other funds to repay state loan

 

541.760     Reduction of loan amount when secondary use funding available

 

541.765     Authorization for loans for certain federal projects

 

541.770     Federal project loan contract terms; foreclosure

 

(Bonds)

 

541.780     Bonds to provide project financing

 

541.785     Disposition and use of bond proceeds

 

541.800     Payment of bond principal and interest from Water Development Administration and Bond Sinking Fund

 

541.815     Limitation on bond issuance amount

 

(Administration)

 

541.830     Water Development Administration and Bond Sinking Fund; sources; use; Governor’s approval

 

541.835     Water Development Fund; use

 

541.840     Emergency Board request for funds to pay administrative expenses; repayment of board allocations

 

541.845     Rules

 

541.850     Commission acceptance of gifts or grants

 

541.855     Biennial report to Legislative Assembly and Governor

 

NORTH UMPQUA RIVER DAMS

 

541.875     Dams and use of water for hydroelectric generation on North Umpqua prohibited; exceptions

 

541.880     Responsibility of government entity for repair or maintenance costs of dams on North Umpqua

 

PENALTIES

 

541.990     Penalties

 

 

 

 

WATER COMPANIES ORGANIZED UNDER 1891 ACT

 

      541.010 Furnishing of water for certain purposes declared to be a public use; rates; amendment of law. (1) The use of the water of the lakes and running streams of Oregon, for general rental, sale or distribution, for purposes of irrigation, and supplying water for household and domestic consumption, and watering livestock upon dry lands of the state, is a public use, and the right to collect rates or compensation for such use of water is a franchise. A use shall be deemed general within the purview of this section when the water appropriated is supplied to all persons whose lands lie adjacent to or within reach of the line of the ditch, canal or flume in which the water is conveyed, without discrimination other than priority of contract, upon payment of charges therefor, as long as there may be water to supply.

      (2) Rates for the uses of water mentioned in this section may be fixed by the Legislative Assembly or by such officer as may be given that authority by the Legislative Assembly, but rates shall not be fixed lower than will allow the net profits of any ditch, canal, flume or system thereof to equal the prevailing legal rate of interest on the amount of money actually paid in and employed in the construction and operation of the ditch, canal, flume or system.

      (3) This section and ORS 541.020 to 541.080 may at any time be amended by the Legislative Assembly, and commissioners for the management of water rights and the use of water may be appointed.

 

      541.020 Construction of ditches and canals by corporation; route across lands. Whenever any corporation organized under the Act of 1891, pages 52 to 60, Oregon Laws 1891, finds it necessary to construct its ditch, canal, flume, distributing ditches, or feeders across the improved or occupied lands of another, it shall select the shortest and most direct route practicable, having reference to cost of construction upon which the ditch, canal, flume, distributing ditches, or feeders can be constructed with uniform or nearly uniform grade.

 

      541.030 Ditches and canals across state lands; grant of right of way. The right of way, to the extent specified in the Act of 1891, pages 52 to 60, Oregon Laws 1891, for the ditches, canals, flumes, distributing ditches, and feeders of any corporation appropriating water under the provisions of the Act of 1891, across all lands belonging to the State of Oregon and not under contract of sale, is granted.

 

      541.040 Headgate; mode of construction. Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall erect and keep in good repair a headgate at the head of its ditch, canal or flume, which, together with the necessary embankments, shall be of sufficient height and strength to control the water at all ordinary stages. The framework of the headgate shall be of timber not less than four inches square, and the bottom, sides and gate shall be of plank not less than two inches in thickness.

 

      541.050 Leakage or overflow; liability; exception. Every corporation having constructed a ditch, canal, flume or reservoir under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall be liable for all damages done to the persons or property of others, arising from leakage or overflow of water therefrom growing out of want of strength in the banks or walls, or negligence or want of care in the management of the ditch, canal, flume or reservoir. However, damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another with the ditch, canal, flume or reservoir, which may not be known to the corporation for such length of time as would enable it by the exercise of reasonable efforts to remedy the same, shall not be recovered against the corporation.

 

      541.055 District liability for seepage and leakage from water or flood control works; limitation on commencement of action. (1) Any person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 that owns, operates or maintains any irrigation, drainage, water supply, water control or flood control works shall be liable for damage caused by seepage and leakage from such works only to the extent that such damage is directly and proximately caused by the negligence of the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 and not otherwise. Damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 with the irrigation, drainage, water supply, water control or flood control works, which may not be known to the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 for such length of time as would enable the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 by the exercise of reasonable efforts to remedy the same, shall not be recovered against the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554.

      (2) An action or suit under subsection (1) of this section must be commenced within two years from the date when the damage is first discovered or in the exercise of reasonable care should have been discovered. However, in no event shall any such action or suit be commenced more than four years from the date the damage actually occurred. [1979 c.882 §1]

 

      541.060 Waste of water; flooding premises; unnecessary diversion. Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall carefully keep and maintain the embankments and walls thereof, and of any reservoir constructed to be used in conjunction therewith, so as to prevent the water from wasting and from flooding or damaging the premises of others. The corporation shall not divert at any time any water for which it has no actual use or demand.

 

      541.070 Ditches, canals and flumes as real estate. All ditches, canals and flumes permanently affixed to the soil, constructed under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, are declared to be real estate, and the same or any interest therein shall be transferred by deed only, duly witnessed and acknowledged. The vendee of the same, or any interest therein, at any stage shall succeed to all the rights of the vendor, and shall be subject to the same liabilities during ownership.

 

      541.080 Suits involving water rights; parties; decree as to priorities. In any suit commenced for the protection of rights to water acquired under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, the plaintiff may make any or all persons who have diverted water from the same stream or source parties to the suit, and the court may in one decree determine the relative priorities and rights of all parties to the suit. Any person claiming a right on the stream or source, not made a party to the suit, may become such on application to the court, when it is made to appear that the person is interested in the result, and may have the right of the person determined. The court may at any stage, on its own motion, require any persons having or claiming rights to water on the stream or source, to be brought in and made parties, when it appears that a complete determination of the issue involved cannot be made without their presence.

 

APPROPRIATION OF WATER FOR MINING AND ELECTRIC POWER UNDER 1899 ACT

 

      541.110 Use of water to develop mineral resources and furnish power. The use of the water of the lakes and running streams of Oregon for the purpose of developing the mineral resources of the state and to furnish electric power for all purposes, is declared to be a public and beneficial use and a public necessity. Subject to the provisions of the Water Rights Act (as defined in ORS 537.010), the right to divert unappropriated waters of any such lakes or streams for such public and beneficial use is granted.

 

      541.120 Ditches and canals through lands; use of existing ditch by others than owner; joint liability. No tract or parcel of improved or occupied land in this state shall, without the written consent of the owner, be subjected to the burden of two or more ditches, canals, flumes or pipelines constructed under the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the purpose of conveying water through the property, when the same object can be feasibly and practically attained by uniting and conveying all the water necessary to be conveyed through such property in one ditch, canal, flume or pipeline. Any person having constructed a ditch, canal, flume or pipeline for the purpose provided in the Act of 1899 shall allow any other person to enlarge such ditch, canal, flume or pipeline, so as not to interfere with the operations of the person owning the same, and to use such ditch, canal, flume or pipeline in common with the person owning the same, upon payment to such person of a reasonable proportion of the cost of constructing and maintaining the ditch, canal, flume or pipeline. Such persons shall be jointly liable to any person damaged.

 

      541.130 Right of way for ditches across state lands. The right of way to the extent specified in the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the ditches, canals, flumes, pipelines, distributing ditches, and feeders of any person appropriating water under the provisions of that Act, across any and all lands belonging to the State of Oregon and not under contract of sale, is granted.

 

      541.210 [Repealed by 1953 c.328 §2]

 

APPROPRIATION OF WATER BY THE UNITED STATES

 

      541.220 Survey of stream system; delivery of data to Attorney General; suits for determination of water rights. In any stream system where construction is contemplated by the United States under the Act of Congress approved June 17, 1902, 32 Stat. 388 to 390, and known as the Reclamation Act, the Water Resources Commission shall make a hydrographic survey of the stream system, and shall deliver an abstract thereof together with an abstract of all data necessary for the determination of all rights for the use of the waters of such system, to the Attorney General. The Attorney General, together with the district attorneys of the districts affected by the stream system shall, at the request of the Secretary of the Interior, enter suit on behalf of the State of Oregon, in the name of the state, for the determination of all rights for the use of the water, and shall diligently prosecute the same to a final adjudication. [Amended by 1985 c.673 §101]

 

      541.230 State lands within irrigated area; restrictions on sale; conveyance of lands needed by United States. No lands belonging to the state, within the areas to be irrigated from work constructed or controlled by the United States or its authorized agents, shall be sold except in conformity with the classification of farm units by the United States. The title of such land shall not pass from the state until the applicant therefor has fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of state lands within the limits of such withdrawal shall be accepted, except under the conditions prescribed in this section. Any state lands needed by the United States for irrigation works may, in the discretion of the Department of State Lands, be conveyed to it without charge. [Amended by 1967 c.79 §1]

 

      541.240 Right of way for ditches and canals; reservation in conveyances. There is granted over all the unimproved lands now or hereafter belonging to the state the necessary right of way for ditches, canals, and reservoir sites for irrigation purposes constructed by authority of the United States or otherwise. All conveyances of state land made after May 18, 1905, shall contain a reservation of such right of way and reservoir sites.

 

      541.250 Cession to United States not rescinded. Nothing in ORS 541.220 to 541.240 shall be construed as rescinding the cession by the state to the United States of lands, as provided in chapter 5, Oregon Laws 1905.

 

SUITS FOR DETERMINATION OF WATER RIGHTS UNDER 1905 ACT

 

      541.310 Suits for determination of rights; parties; survey of stream; disbursements. In any suit wherein the state is a party, for determination of a right to the use of the waters of any stream system, all who claim the right to use the waters shall be made parties. When any such suit has been filed the court shall call upon the Water Resources Commission to make or furnish a complete hydrographic survey of the stream system as provided in ORS 541.220, in order to obtain all data necessary to the determination of the rights involved. The disbursements made in litigating the rights involved in the suit shall be taxed by the court as in other equity suits. [Amended by 1985 c.673 §102]

 

      541.320 Decrees adjudicating rights; filing; statement as to matters adjudicated. Upon the adjudication of the rights to the use of the water of a stream system, a certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed in the Water Resources Department. The decree shall declare, as to the water right adjudged to each party, whether riparian or by appropriation, the extent, the priority, amount, purpose, place of use, and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant, together with such other conditions as may be necessary to define the right and its priority. [Amended by 1985 c.673 §103]

 

DISTRICT WATER RIGHTS MAPPING

 

      541.325 Definitions for ORS 541.327 to 541.333. As used in ORS 541.327 to 541.333:

      (1) “District” means any district or corporation organized under ORS chapter 545, 547, 552, 553 or 554 or any corporation, cooperative, company or other association formed before 1917 for the purpose of distributing water for irrigation purposes.

      (2) “Owned” or “controlled” means ownership in fee, purchase on a land sale contract, option to purchase or lease.

      (3) “User” means an owner of land with an appurtenant water right that is subject to assessment by a district and that would be altered by the petition and map filed under ORS 541.329. [1989 c.1000 §1; 1993 c.818 §1]

 

      Note: 541.325 to 541.333 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      541.327 Failure or refusal of district to act; joint applications; eligible participants. (1) If a district fails or refuses to act under ORS 541.329 and 541.331, the owner of land with an appurtenant water right within a district and subject to assessment by the district may transfer the use or place of use of the water right on or before July 1, 1994, pursuant to ORS 541.333. An owner transferring the use or place of use under this subsection shall comply with ORS 536.050.

      (2) If the owners of land within a quarter quarter of a section in a district agree as to the use and place of use of all water rights in the quarter quarter of the section subject to assessment by the district, the owners may jointly submit an application, without the fees required under ORS 536.050, to the Water Resources Department to conform the department’s records to the present usage within the quarter quarter of a section. The application must be filed in accordance with ORS 541.333 on or before July 1, 1994.

      (3) The district or users within a district authorized to participate in the process described under ORS 541.325 to 541.333 shall be limited to those districts or users who have notified the department on or before July 1, 1993, of their intention to submit a petition.

      (4) Notwithstanding subsection (3) of this section, the Walla Walla River Irrigation District, or its successor district formed under ORS chapter 545 and created after July 1, 1994, may participate in the process described under ORS 541.325 to 541.333 if the district notifies the department on or before June 30, 2004. [1989 c.1000 §2; 1991 c.957 §12; 1993 c.818 §2; 1995 c.554 §5; 2003 c.691 §1]

 

      Note: See note under 541.325.

 

      541.329 Petition for approval of district map; contents; notice to users; corrections. (1) Pursuant to the requirements of subsection (2) of this section, a district may petition the Water Resources Commission for approval and acceptance of a district map indicating the location and use of the water rights within the district or any part thereof. The petition and map shall be in a form satisfactory to the commission and shall be certified by the district rather than a certified water right examiner. For a district that notifies the Water Resources Department under ORS 541.327 (4), the map must be submitted in an electronic format meeting the standards set by the department. The petition and map may not expand a water right of the district or its users beyond the total right of record of the district. If the district has met the requirements of ORS 541.325 to 541.331 and after the opportunity for hearing under ORS 541.331, the commission shall instruct the director to issue a new certificate to the district listing the requested locations and uses and retaining the original priority date. If the commission denies the petition, the commission shall hold a hearing on the denial. Notice and conduct of the hearing shall be under the provisions of ORS chapter 183 pertaining to contested cases. The hearing shall be conducted in the area where the right is located unless the parties and the persons who file the protest under this section stipulate otherwise.

      (2) The petition required under subsection (1) of this section shall be submitted on or before July 1, 1994, or before June 30, 2010, for a district notifying the department under ORS 541.327 (4), and shall include:

      (a) The name of the district and the certificate number of each water right contained in the petition.

      (b) The names of all users within the district whose lands are included in the petition.

      (c) A general description of the district boundaries.

      (d) A general description of the users’ land and all water rights per each parcel affected by the petition and the map. If the water right is on a tract of land of five acres or less, a notation of the acres of water right on the assessor’s tax map shall be sufficient for identification of the place of use and the extent of use.

      (e) A description of the use which is proposed to be made of the water on each parcel.

      (f) An affirmation by the petitioner that the map and petition are accurate to the best of the petitioner’s knowledge.

      (3) A petition submitted under this section shall contain no more acres of land than the least of the following:

      (a) The number of acres assessed by the district as of July 1, 1989;

      (b) The number of acres assessed by the district as of July 1, 1993; or

      (c) If a district notifies the department under ORS 541.327 (4), the number of acres assessed by the district as of December 31, 2003.

      (4) Before submitting a petition under subsection (2) of this section, the district shall send a notice to the user of every parcel whose right of record is to be altered, as evidenced by the district’s records. This notice shall be sent to the last-known address for the user with a return receipt requested. The notice shall include the number of acre-feet of water or its equivalent, for which the user is being assessed, a general description or tax lot of the land to which the water is assigned, a description of the use and a request for confirmation that the information in the notice is correct. Thirty days after the notice is mailed, the district shall prepare a petition and map as described in subsections (1) and (2) of this section. Payment for water by the user or the user’s predecessor for a period of five years before the petition shall create a rebuttable presumption that the number of acres billed and paid by the user or the user’s predecessor is equal to the user’s water right.

      (5) Within 30 days after the commission issues a proposed order regarding the petition, the district shall send notice to the users of the district whose right of record is to be altered by the proposed order. This notice shall be sent to the last-known address of the user with a return receipt requested. The notice shall include the number of acres of land, or its equivalent, for which the user is being assessed, a general description or tax lot number of the land to which the water is assigned and a description of the use. In addition to the notice of the proposed order that the district sends to the users, the district shall publish at the same time notice in a newspaper having general circulation in the area in which the water rights are located for a period of at least three weeks. Not less than one publication in each week shall be made. The notice shall state:

      (a) The number of acres of water right that each parcel shall receive and the associated priority dates;

      (b) That the proposed map and order are available for inspection at the office of the district during normal business hours for a period of 60 days from the date of first publication;

      (c) That not less than 60 days after the date of first publication, the commission shall approve the petition and map and issue a final order unless a protest is filed or the petition does not meet the requirements of subsections (1) and (2) of this section; and

      (d) That the user has the right to protest the proposed order and map as described in ORS 541.331.

      (6) If the commission returns a petition or map to a district for correction, the commission may prescribe a deadline for the petitioner to provide additional information or correct the petition or map. If the petitioner fails to meet the deadline prescribed by the commission, the commission may deny the petition. [1989 c.1000 §3; 1991 c.957 §13; 1993 c.818 §3; 2003 c.691 §2]

 

      Note: See note under 541.325.

 

      541.331 Protest against approval of petition; hearing; issuance of water right certificate; land subject to inclusion. (1) Any user may file with the Water Resources Department, within 60 days after the date of first publication, under ORS 541.329, a protest against a proposed order approving the petition. Whenever a timely protest is filed or in the opinion of the Water Resources Director a hearing is necessary to determine whether the district has met the requirements of ORS 541.325 to 541.333 or the proposed changes described in the proposed order would result in injury to existing water rights, the department shall hold a hearing on the matter. The hearing shall be conducted according to the provisions of ORS chapter 183 applicable to contested cases. The hearing shall be held in the area where the rights are located unless the parties and the persons who filed the protest under this section stipulate otherwise.

      (2) If after examination or hearing, the department finds that the district has met the requirements of ORS 541.325 to 541.331 and that the changes described in the proposed order would not result in injury to existing water rights, the department shall issue a final order approving the petition and map as described in the proposed order. If a water right certificate for the water right has been issued previously, the department shall cancel the previous certificate and issue a new certificate that conforms to the final order and map and retains the original priority date.

      (3) A certificate issued under this section shall have the evidentiary effect provided for in ORS 537.270 except when the right to appropriate water described in the certificate is abandoned after the certificate is amended or issued.

      (4) The department may approve for inclusion in a new certificate under ORS 541.329 and this section only land which, on July 1, 1993, or, if a district notifies the department under ORS 541.327 (4), on December 31, 2003, is:

      (a) Land within the legal boundaries of the district as those boundaries were originally described or as they may have been changed by legally prescribed inclusion or exclusion proceedings.

      (b) Land for which inclusion in the district has been requested previously as prescribed by law.

      (c) Land on which a previously perfected water right has been applied beneficially and for which the user has been charged or assessed by the district in at least one of the last five years and for which the user is currently being charged or assessed. [1989 c.1000 §4; 1993 c.818 §4; 1995 c.554 §7; 1999 c.590 §1; 2003 c.691 §3]

 

      Note: See note under 541.325.

 

      541.333 Application for change of place of use, point of diversion or use; contents; form of map. (1) Whenever the owner of a water right for irrigation, domestic use, stock water storage or other use, for any reason desires to change the place of use, the point of diversion or the use made of the water under ORS 541.327, an application shall be filed with the Water Resources Department.

      (2) The application required under subsection (1) of this section shall include:

      (a) The name of the owner;

      (b) The previous use of the water;

      (c) A description of the premises upon which the water is used;

      (d) A description of the premises upon which it is proposed to use the water;

      (e) The use which is proposed to be made of the water;

      (f) The reasons for making the proposed change;

      (g) If the application is made under ORS 541.327 (1), evidence that the water has been used within the past five years upon lands owned or controlled by the owner of the water right;

      (h) In the event the application is made pursuant to ORS 541.327 (2), evidence that the water has been used within the past five years in the quarter quarter of a section; and

      (i) The approval of the district in which the water right is located.