2007 Oregon Code - Chapter 536 :: TITLE 45
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
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
EMERGENCY WATER SHORTAGE POWERS
536.700 Drainage
basin defined
536.710 Policy
536.720 Declaration
of state authority; Governors power to order water conservation or curtailment
plan
536.730 Effect
of emergency powers on vested water rights
536.740 Governors
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 members 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 commissions power to
adopt rules, the commission may delegate to the Water Resources Director the
exercise or discharge in the commissions 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 commissions name and by the
commissions 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
(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 directors 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 directors
name and by the directors 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.
(2) Notwithstanding the fees established
in ORS 536.050, as part of an agreement entered into under this section, the
department may waive all or part of a fee imposed for a service.
(3) The department may not modify existing
processing priorities or schedules or create processing priorities or schedules
for a particular department-provided service in order to compel a person to
enter into an agreement under this section. However, without violating this
subsection, the department may modify its processing priorities or schedules
based on the overall operating needs of the department.
(4) The department may not require that a
person pay more for a service under an agreement entered into under this
section than the cost to the department in providing the service to the person.
(5) The department shall review the
responsibilities of the department to identify services provided by the
department that are appropriate for the department to perform under the
provisions of this section. Failure to identify responsibilities under this
subsection does not prohibit the department from entering into agreements under
this section.
(6) Fees paid under this section shall be
deposited in the State Treasury to the credit of the department. Such moneys
are continuously appropriated to the department for the purpose of reviewing
department responsibilities to determine those services for which the authority
provided in this section may be used and for fulfilling the individual
agreements entered into pursuant to this section, including the processing and
review of:
(a) Water right permit applications,
permit extensions, permit amendments and final proof surveys;
(b) Water right exchanges and transfers;
and
(c) Water management and conservation
plans required by rule by the department. [2003 c.745 §2]
536.060 [Repealed by 1971 c.734 §21]
536.065 [1971 c.734 §77; repealed by 1985 c.673 §185]
536.070 [Amended by 1975 c.581 §21a; repealed by
1985 c.673 §185]
536.075
Judicial review of final order of commission or department; stay of order; scope
of review. (1) Any party
affected by a final order other than contested case issued by the Water
Resources Commission or Water Resources Department may appeal the order to the
Circuit Court of Marion County or to the circuit court of the county in which
all or part of the property affected by the order is situated. The review shall
be conducted according to the provisions of ORS 183.484, 183.486, 183.497 and
183.500. A final order other than contested case issued by the Water Resources
Commission or the Water Resources Department must state on the first page of
the order that the order is a final order other than contested case, that the
order is subject to judicial review under ORS 183.484 and that any petition for
judicial review of the order must be filed within the time specified by ORS
183.484 (2). Any order other than contested case issued by the Water Resources
Commission or by the Water Resources Department that does not comply with the
requirements of this section is not a final order.
(2) Any party affected by a final order in
a contested case issued by the Water Resources Commission or the Water
Resources Department may appeal the order to the Court of Appeals.
(3) An appeal under subsection (2) of this
section shall be conducted as provided in ORS 183.482 except as specifically
provided in subsections (4), (5) and (6) of this section.
(4) The petition shall state the facts
showing how the petitioner is adversely affected by the order and the ground or
grounds upon which the petitioner contends the order should be reversed or
remanded.
(5) The filing of a petition in either the
circuit court or the Court of Appeals shall stay enforcement of the order of
the commission or the department unless the commission or the department
determines that substantial public harm will result if the order is stayed. If
the commission or the department denies the stay, the denial shall be in
writing and shall specifically state the substantial public harm that will
result from allowing the stay.
(6) The review by the Court of Appeals
under subsection (2) of this section shall be on the entire record forwarded by
the commission or department. The court may remand the case for further
evidence taking, correction or other necessary action. The court may affirm,
reverse, modify or supplement the order appealed from, and make such
disposition of the case as the court determines to be appropriate.
(7) The provisions of this section shall
not apply to any proceeding under ORS 537.670 to 537.695 or ORS chapter 539.
(8) For the purposes of this section, final
order and contested case have the meanings given those terms in ORS 183.310.
[1985 c.673 §9; 1999 c.791 §1]
536.080
Effect of records of former State Water Board and State Water Superintendent. The transfer of functions from the former
State Water Board and State Water Superintendent to the State Engineer,
effected by chapter 283, Oregon Laws 1923, shall not impair the legal force and
effect in any water right adjudication, suit, action or other proceeding before
the State Engineer, or in the courts or other tribunals of the state, of the
official records of, or any evidence filed with, said State Water Board or
State Water Superintendent.
536.090
Ground water advisory committee; duties; qualification; term; expenses. (1) In carrying out the duties, functions
and powers prescribed by law, the Water Resources Commission shall appoint a
ground water advisory committee to:
(a) Advise the commission on all matters
relating to:
(A) Rules for the development, securing,
use and protection of ground water; and
(B) Licensing of well constructors,
including the examination of such persons for license.
(b) Review the proposed expenditure of all
revenues generated under ORS 537.762 (5). At least once each year, and before
the expenditure of such funds on new program activities, the Water Resources
Department and the ground water advisory committee shall develop jointly a
proposed expenditure plan for concurrence by the Water Resources Commission.
The plan may be modified, if necessary, upon the joint recommendation of the
department and the ground water advisory committee with concurrence by the
commission.
(2) The committee shall consist of nine
members who represent a range of interests or expertise. At least three of the
members shall be individuals actively engaged in some aspect of the water
supply or monitoring well drilling industry. Members shall serve for such terms
as the commission may specify. The committee shall meet at least once every
three months and at other times and places as the commission may specify.
(3) A member of the committee shall not
receive compensation, but at the discretion of the commission may be reimbursed
for travel expenses incurred, subject to ORS 292.495. [1977 c.749 §2; 1981
c.416 §9; 1985 c.673 §18; 1991 c.925 §1; 1993 c.774 §1]
536.100 [1985 c.666 §1; 1989 c.904 §67; repealed by
1995 c.690 §§25,26]
536.104 [Formerly 536.110; repealed by 1995 c.690 §§25,26]
536.108 [Formerly 536.120; 1989 c.833 §52; 1995
c.690 §9; renumbered 468B.162 in 1995]
536.110 [1985 c.666 §2; renumbered 536.104 in 1989]
536.112 [Formerly 536.130; 1995 c.690 §10;
renumbered 468B.164 in 1995]
536.116 [Formerly 536.140; repealed by 1995 c.690 §§25,26]
536.120 [1985 c.666 §3; 1989 c.833 §52; renumbered
536.108 in 1989]
536.121 [Formerly 536.150; repealed by 1995 c.690 §§25,26]
536.125 [1989 c.833 §20; 1995 c.79 §301; 1995 c.690 §11;
renumbered 468B.167 in 1995]
536.129 [1989 c.833 §21; 1995 c.690 §12; renumbered
468B.169 in 1995]
536.130 [1985 c.666 §4; renumbered 536.112 in 1989]
536.133 [1989 c.833 §22; 1995 c.690 §13; renumbered
468B.171 in 1995]
536.137 [1989 c.833 §24; 1995 c.690 §14; renumbered
468B.166 in 1995]
536.140 [1987 c.409 §§1,2; renumbered 536.116 in
1989]
536.141 [1989 c.833 §34; 1995 c.690 §15; renumbered
468B.177 in 1995]
536.145 [1989 c.833 §35; 1995 c.690 §16; renumbered
468B.179 in 1995]
536.149 [1989 c.833 §39; renumbered 468B.183 in
1995]
536.150 [1987 c.409 §3; renumbered 536.121 in 1989]
536.153 [1989 c.833 §40; 1995 c.690 §17; renumbered
468B.182 in 1995]
536.157 [1989 c.833 §41; 1993 c.18 §127; 1995 c.690 §18;
renumbered 468B.184 in 1995]
536.161 [1989 c.833 §42; renumbered 468B.186 in
1995]
536.165 [1989 c.833 §43; 1995 c.690 §19; renumbered
468B.187 in 1995]
536.169 [1989 c.833 §44; 1995 c.690 §20; renumbered
468B.188 in 1995]
536.210 [1955 c.707 §2; 1965 c.355 §1; 1975 c.581 §22;
repealed by 1985 c.673 §185]
WATER
RESOURCES ADMINISTRATION
536.220
Policy on water resources generally. (1) The Legislative Assembly recognizes and declares that:
(a) The maintenance of the present level
of the economic and general welfare of the people of this state and the future
growth and development of this state for the increased economic and general
welfare of the people thereof are in large part dependent upon a proper
utilization and control of the water resources of this state, and such use and
control is therefore a matter of greatest concern and highest priority.
(b) A proper utilization and control of
the water resources of this state can be achieved only through a coordinated,
integrated state water resources policy, through plans and programs for the
development of such water resources and through other activities designed to
encourage, promote and secure the maximum beneficial use and control of such
water resources, all carried out by a single state agency.
(c) The economic and general welfare of
the people of this state have been seriously impaired and are in danger of
further impairment by the exercise of some single-purpose power or influence
over the water resources of this state or portions thereof by each of a large
number of public authorities, and by an equally large number of legislative
declarations by statute of single-purpose policies with regard to such water
resources, resulting in friction and duplication of activity among such public
authorities, in confusion as to what is primary and what is secondary
beneficial use or control of such water resources and in a consequent failure
to utilize and control such water resources for multiple purposes for the
maximum beneficial use and control possible and necessary.
(2) The Legislative Assembly, therefore,
finds that:
(a) It is in the interest of the public
welfare that a coordinated, integrated state water resources policy be
formulated and means provided for its enforcement, that plans and programs for
the development and enlargement of the water resources of this state be devised
and promoted and that other activities designed to encourage, promote and
secure the maximum beneficial use and control of such water resources and the
development of additional water supplies be carried out by a single state
agency which, in carrying out its functions, shall give proper and adequate
consideration to the multiple aspects of the beneficial use and control of such
water resources with an impartiality of interest except that designed to best
protect and promote the public welfare generally.
(b) The state water resources policy shall
be consistent with the goal set forth in ORS 468B.155. [1955 c.707 §1; 1989
c.833 §53]
536.230 [1955 c.707 §3; 1969 c.695 §12; repealed by
1975 c.581 §29]
536.235
Policy on minimum streamflows.
It is the policy of the State of
536.238
Policy on water storage facilities. (1) The Legislative Assembly finds and declares that:
(a) The water resources of the state are
critical to the economic and recreational well-being of the people of
(b) The future vitality of the states
economy depends on immediate planning to insure future availability of water
resources.
(c) Measures to insure adequate water
resources to meet the needs of future generations of Oregonians must be
pursued.
(d) The potential for a future shortage of
water poses serious risks to public health, safety and welfare and therefore is
a matter of statewide concern.
(2) Therefore, the Legislative Assembly,
in addressing the problem of how to insure adequate water resources for
in-stream and out-of-stream uses in the future, declares that it is a high
priority of the state to both:
(a) Develop environmentally acceptable and
financially feasible multipurpose water storage facilities; and
(b) Enhance watershed storage capacity
through natural processes using nonstructural means. [1993 c.386 §1]
Note: 536.238 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.
536.240 [1955 c.707 §4; 1969 c.314 §63; repealed by
1975 c.581 §29]
536.241
Policy on water supply. (1)
The Legislative Assembly finds that the availability of an adequate water
supply is essential to the continued health and safety of all Oregonians.
(2) The Legislative Assembly declares that
it is the policy of the State of
Note: 536.241 was added to and made a part of ORS
chapter 536 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
536.250 [1955 c.707 §5; 1969 c.706 §64f; repealed by
1975 c.581 §29]
536.260 [1955 c.707 §6; repealed by 1975 c.581 §29]
536.265 [1967 c.157 §2; 1975 c.581 §23; repealed by
1985 c.673 §185]
536.270 [1955 c.707 §7; repealed by 1975 c.581 §29]
536.280 [1955 c.707 §8; repealed by 1971 c.418 §23]
536.290 [1955 c.707 §9; 1967 c.156 §1; repealed by
1975 c.581 §29]
536.295
Conditions for consideration of application for use not classified in basin
program; rules. (1)
Notwithstanding any provision of ORS 536.300 or 536.340, the Water Resources
Commission may allow the Water Resources Department to consider an application
to appropriate water for a use not classified in the applicable basin program
if the use:
(a) Will be of short duration during each
year;
(b) Will be for a continuous period of no
longer than five years;
(c) Is largely nonconsumptive in nature
and not likely to be regulated for other water rights;
(d) Is necessary to ensure public health,
welfare and safety;
(e) Is necessary to avoid extreme
hardship;
(f) Will provide a public benefit such as
riparian or watershed improvement; or
(g) Is of an unusual nature not likely to
recur in the basin, and unlikely to have been within the uses considered by the
commission in classifying the uses presently allowed in the applicable basin
program including but not limited to:
(A) Exploratory thermal drilling;
(B) Heat exchange;
(C) Maintaining water levels in a sewage
lagoon; or
(D) Facilitating the watering of livestock
away from a river or stream.
(2) A permit granted on or before January
1, 1993, for a quasi-municipal use of water shall be considered a permit for a
classified use under ORS 536.340 if at the time the application was submitted
or the permit was granted, the basin program identified municipal use as a
classified use.
(3) The commission by rule may determine
the specific uses permitted within a classified use.
(4) In making the determination under
subsection (1) of this section, the commission shall evaluate whether the
proposed use is consistent with the general policies established in the
applicable basin program.
(5) The Water Resources Department shall
process and evaluate an application allowed by the commission under subsections
(1) to (4) of this section in the same manner as any other water right
application, including determining whether the proposed use would result in
injury to an existing water right. [1989 c.9 §1; 1993 c.591 §1; 1999 c.703 §1]
536.300
Formulation of state water resources program; public hearing in affected river
basin. (1) The Water
Resources Commission shall proceed as rapidly as possible to study: Existing
water resources of this state; means and methods of conserving and augmenting
such water resources; existing and contemplated needs and uses of water for
domestic, municipal, irrigation, power development, industrial, mining,
recreation, wildlife, and fish life uses and for pollution abatement, all of
which are declared to be beneficial uses, and all other related subjects,
including drainage, reclamation, floodplains and reservoir sites.
(2) Based upon said studies and after an
opportunity to be heard has been given to all other state agencies which may be
concerned, the commission shall progressively formulate an integrated,
coordinated program for the use and control of all the water resources of this
state and issue statements thereof.
(3) The commission may adopt or amend a
basin program only after holding at least one public hearing in the affected
river basin. After the commission itself conducts one public hearing in the
affected river basin, the commission may delegate to the Water Resources
Director the authority to conduct additional public hearings in the affected
river basin. [1955 c.707 §10(1), (2); 1965 c.355 §2; 1985 c.673 §14]
536.310
Purposes and policies to be considered in formulating state water resources
program. In formulating the
water resources program under ORS 536.300 (2), the Water Resources Commission
shall take into consideration the purposes and declarations enumerated in ORS
536.220 and also the following additional declarations of policy:
(1) Existing rights, established duties of
water, and relative priorities concerning the use of the waters of this state
and the laws governing the same are to be protected and preserved subject to
the principle that all of the waters within this state belong to the public for
use by the people for beneficial purposes without waste;
(2) It is in the public interest that
integration and coordination of uses of water and augmentation of existing
supplies for all beneficial purposes be achieved for the maximum economic
development thereof for the benefit of the state as a whole;
(3) That adequate and safe supplies be
preserved and protected for human consumption, while conserving maximum
supplies for other beneficial uses;
(4) Multiple-purpose impoundment
structures are to be preferred over single-purpose structures; upstream
impoundments are to be preferred over downstream impoundments. The fishery
resource of this state is an important economic and recreational asset. In the
planning and construction of impoundment structures and milldams and other
artificial obstructions, due regard shall be given to means and methods for its
protection;
(5) Competitive exploitation of water
resources of this state for single-purpose uses is to be discouraged when other
feasible uses are in the general public interest;
(6) In considering the benefits to be
derived from drainage, consideration shall also be given to possible harmful
effects upon ground water supplies and protection of wildlife;
(7) The maintenance of minimum perennial
streamflows sufficient to support aquatic life, to minimize pollution and to
maintain recreation values shall be fostered and encouraged if existing rights
and priorities under existing laws will permit;
(8) Watershed development policies shall
be favored, whenever possible, for the preservation of balanced multiple uses,
and project construction and planning with those ends in view shall be
encouraged;
(9) Due regard shall be given in the
planning and development of water recreation facilities to safeguard against
pollution;
(10) It is of paramount importance in all
cooperative programs that the principle of the sovereignty of this state over
all the waters within the state be protected and preserved, and such
cooperation by the commission shall be designed so as to reinforce and
strengthen state control;
(11) Local development of watershed
conservation, when consistent with sound engineering and economic principles,
is to be promoted and encouraged;
(12) When proposed uses of water are in
mutually exclusive conflict or when available supplies of water are
insufficient for all who desire to use them, preference shall be given to human
consumption purposes over all other uses and for livestock consumption, over
any other use, and thereafter other beneficial purposes in such order as may be
in the public interest consistent with the principles of chapter 707, Oregon
Laws 1955, under the existing circumstances; and
(13) Notwithstanding any other provision
of this section, when available supplies of water are insufficient in the South
Umpqua River to provide for both the needs of human consumption pursuant to a
municipal water right and the maintenance of previously established minimum
streamflows, preference shall be given to the municipal needs if the
municipality adopts and enforces an ordinance restricting use of the water so
obtained to direct human consumption uses. [1955 c.707 §10(3); 1979 c.170 §1;
1987 c.546 §1]
Note: The Legislative Counsel has not, pursuant to
173.160, undertaken to substitute specific ORS references for the words chapter
707, Oregon Laws 1955, in 536.310 and 536.330. Chapter 707, Oregon Laws 1955,
enacted into law and amended the ORS sections which may be found by referring
to the 1955 Comparative Section Table located in Volume 20 of Oregon Revised
Statutes.
536.315
Designation of exact land areas included within auxiliary lands. As part of the water resources policy
statement authorized under ORS 536.300, the Water Resources Commission may
designate the exact land areas included within the auxiliary lands described in
ORS 536.007. [1965 c.355 §4; 1985 c.673 §179; 1987 c.158 §114]
536.320
Limitation of powers of commission. The Water Resources Commission shall not have power:
(1) To interfere with, supervise or
control the internal affairs of any state agency or public corporation;
(2) To modify, set aside or alter any
existing right to use water or the priority of such use established under
existing laws; or
(3) To modify or amend any standard or
policy as prescribed in ORS 536.310 nor to adopt any rule or regulation in
conflict therewith. [1955 c.707 §10(4)]
536.325 [1979 c.319 §2; 1983 c.796 §4; 1985 c.673 §15;
repealed by 1997 c.212 §1]
536.330
Water Resources Act as supplemental to and including existing statutes. Chapter 707, Oregon Laws 1955, shall be
construed by the Water Resources Commission as supplemental to existing
statutes and not in lieu thereof except to the extent that existing statutes
are expressly amended or repealed by chapter 707, Oregon Laws 1955. ORS 536.220
to 536.540 and the authority of the Water Resources Department thereunder shall
include all laws now existing or hereinafter enacted that relate to or affect
the use and control of the water resources of this state. [1955 c.707 §10(5);
1963 c.415 §1; 1975 c.581 §24; 1985 c.673 §180]
Note: See note under 536.310.
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. (1) Subject
at all times to existing rights and priorities to use waters of this state, the
Water Resources Commission:
(a) May, by a water resources statement
referred to in ORS 536.300 (2), classify and reclassify the lakes, streams,
underground reservoirs or other sources of water supply in this state as to the
highest and best use and quantities of use thereof for the future in aid of an
integrated and balanced program for the benefit of the state as a whole. The
commission may so classify and reclassify portions of any such sources of water
supply separately. Classification or reclassification of sources of water
supply as provided in this subsection has the effect of restricting the use and
quantities of use thereof to the uses and quantities of uses specified in the
classification or reclassification, and no other uses or quantities of uses
except as approved by the commission under ORS 536.370 to 536.390 or as
accepted by the commission under ORS 536.295. Restrictions on use and
quantities of use of a source of water supply resulting from a classification
or reclassification under this subsection shall apply to the use of all waters
of this state affected by the classification or reclassification, and shall
apply to uses listed in ORS 537.545 that are initiated after the classification
or reclassification that imposes the restriction.
(b) Shall diligently enforce laws
concerning cancellation, release and discharge of excessive unused claims to
waters of this state to the end that such excessive and unused amounts may be
made available for appropriation and beneficial use by the public.
(c) May, by a water resources statement
referred to in ORS 536.300 (2) and subject to the preferential uses named in
ORS 536.310 (12), prescribe preferences for the future for particular uses and
quantities of uses of the waters of any lake, stream or other source of water
supply in this state in aid of the highest and best beneficial use and
quantities of use thereof. In prescribing such preferences the commission shall
give effect and due regard to the natural characteristics of such sources of
water supply, the adjacent topography, the economy of such sources of water
supply, the economy of the affected area, seasonal requirements of various
users of such waters, the type of proposed use as between consumptive and
nonconsumptive uses and other pertinent data.
(2) In classifying or reclassifying a
source of water supply or prescribing preferences for the future uses of a
source of water supply under subsection (1) of this section, the commission
shall:
(a) Comply with the requirements set forth
in the Water Resources Department coordination program developed pursuant to
ORS 197.180; and
(b) Cause notice of the hearing held under
ORS 536.300 (3) to be published in a newspaper of general circulation once each
week for four successive weeks in each county:
(A) In which waters affected by the action
of the commission under subsection (1) of this section are located; or
(B) That is located within the basin under
consideration.
(3) Before beginning any action under
subsection (2) of this section that would limit new ground water uses that are
exempt under ORS 537.545 from the requirement to obtain a water right, the
commission shall:
(a) Review the proposed action to
determine whether the proposal is consistent with ORS 537.780;
(b) Provide an opportunity for review by:
(A) Any member of the Legislative Assembly
who represents a district where the proposed action would apply; and
(B) Any interim committee of the
Legislative Assembly responsible for water-related issues; and
(c) Receive and consider a recommendation
on the proposal from the ground water advisory committee appointed under ORS
536.090. [1955 c.707 §10(6); 1963 c.414 §1; 1989 c.9 §2; 1989 c.833 §54; 1997
c.510 §1]
536.350
Delivery of water resources statement to certain public bodies; effect. The Water Resources Commission shall deliver
a copy of each water resources statement referred to in ORS 536.300 (2) to each
state agency or public corporation of this state which may be concerned with or
which may carry on activities likely to affect the use or control of the water
resources of this state. Each state agency or public corporation of this state
which receives a copy of a water resources statement shall give to the
commission a receipt for the water resources statement. A copy of any such statement
duly certified by the Water Resources Director to be a full, true and correct
copy shall be received in evidence in any court in the state and if the
certificate recites that a copy of the statement was delivered to a particular
state agency or public corporation of this state, it shall be presumed that the
same was actually delivered as stated in the certificate. [1955 c.707 §10(7);
1985 c.673 §16]
536.360
State agencies and public corporations to conform to statement of state water
resources policy. In the
exercise of any power, duty or privilege affecting the water resources of this
state, every state agency or public corporation of this state shall give due
regard to the statements of the Water Resources Commission and shall conform
thereto. No exercise of any such power, duty or privilege by any such state
agency or public corporation which would tend to derogate from or interfere
with the state water resources policy shall be lawful. [1955 c.707 §11]
536.370
Exercise of power in conflict with state water resources policy not effective
until approved by commission.
(1) No exercise by any state agency or public corporation of this state which
has received a copy of a state water resources statement as provided in ORS
536.350, of any power, duty or privilege, including the promulgating or
undertaking of any order, rule, regulation, plan, program, policy, project or
any other activity, which would in any way conflict with the state water
resources policy as set forth in the statement, shall be effective or
enforceable until approved by the Water Resources Commission as provided in
subsection (2) of this section.
(2) The exercise of any power, duty or
privilege referred to in subsection (1) of this section shall be deemed
approved by the commission if:
(a) The commission grants its approval as
provided in ORS 536.390; or
(b) The commission does not notify the
state agency or public corporation within 30 days after the filing of the
notification as provided in ORS 536.380 (1) of the intention of the commission
to review the proposed exercise of the power, duty or privilege; or
(c) The commission grants its approval as
provided in ORS 536.380 (4). [1955 c.707 §12]
536.380
Notification to commission of proposed exercise of power involving water resources
required; review and determination by commission. (1) Except as otherwise provided in ORS
536.390, whenever any state agency or public corporation of this state which
has received a copy of a state water resources statement as provided in ORS
536.350, proposes to exercise any power, duty or privilege referred to in ORS
536.370 (1), it shall first file with the Water Resources Commission a
notification of the proposed exercise. The notification shall be in such form
and shall contain a description of the proposed exercise and such other
information as the commission may require. The notification shall be a public
record in the office of the commission.
(2) Within 30 days after the filing of the
notification as provided in subsection (1) of this section, the commission
shall notify the state agency or public corporation of the intention of the
commission to review the proposed exercise of the power, duty or privilege, if:
(a) The commission, in its discretion,
determines that a review should be undertaken; or
(b) A protest against the proposed
exercise is filed with the commission within 25 days after the filing of the
notification as provided in subsection (1) of this section by any person, state
agency or public corporation of this state or agency of the federal government.
(3) The commission, in its discretion, may
hold a public hearing on the proposed exercise of the power, duty or privilege.
The commission shall determine the time and place of the public hearing, and
shall give written notice thereof to the state agency or public corporation
whose proposed exercise of a power, duty or privilege is being reviewed and to
each protestant under subsection (2)(b) of this section, if any, at least 10
days prior to the hearing. Notice of the hearing shall also be published in at
least one issue each week for at least two consecutive weeks prior to the
hearing in a newspaper of general circulation published in each county in which
the proposed exercise of the power, duty or privilege is to take place or be effective.
(4) After the commission has notified the
state agency or public corporation of the intention of the commission to review
the proposed exercise of the power, duty or privilege as provided in subsection
(2) of this section, the commission shall undertake the review and proceed
therewith with reasonable diligence. At the conclusion of the review the
commission shall make a determination approving the proposed exercise,
approving the proposed exercise subject to conditions specified in the determination
or disapproving the proposed exercise. A copy of the determination by the
commission shall be delivered to the state agency or public corporation whose
proposed exercise of a power, duty or privilege was reviewed and to each
protestant under subsection (2)(b) of this section, if any. [1955 c.707 §14]
536.390
Approval without filing notification. The Water Resources Commission may enter into agreements or provide by
orders, rules or regulations whereby it approves the exercise of any one or
more of the powers, duties or privileges referred to in ORS 536.370 (1) by a
state agency or public corporation of this state which has received a copy of a
state water resources statement as provided in ORS 536.350, without the filing
of the notification as provided in ORS 536.380 (1). Each agreement, order, rule
or regulation shall specifically provide for the modification or revocation
thereof at the discretion of the commission and upon reasonable notice to the
state agency or public corporation, and may contain such other conditions,
limitations or requirements as the commission, in its discretion, may require
to insure the accomplishment of the purposes of the state water resources
policy. [1955 c.707 §13]
536.400
Application to court to compel compliance with state water resources policy. (1) As used in subsection (2) of this
section, violation means any exercise or attempt to exercise by any state
agency or public corporation of this state which has received a copy of a state
water resources statement as provided in ORS 536.350, of any power, duty or
privilege which would in any way conflict with the state water resources
statement, without the approval of the Water Resources Commission as provided
in ORS 536.370 (2).
(2) The commission, may apply to the circuit
court of the county in which a violation is alleged to exist for the
restraining by appropriate process of the commission or continuation of a
violation, or for the enforcement by appropriate process of compliance with ORS
536.370 to 536.390. [1955 c.707 §15]
536.410
Withdrawal of unappropriated waters from appropriation by commission order. (1) When the Water Resources Commission
determines that it is necessary to insure compliance with the state water
resources policy or that it is otherwise necessary in the public interest to
conserve the water resources of this state for the maximum beneficial use and
control thereof that any unappropriated waters of this state, including
unappropriated waters released from storage or impoundment into the natural flow
of a stream for specified purposes, be withdrawn from appropriation for all or
any uses including exempt uses under ORS 537.545, the commission, on behalf of
the state, may issue an order of withdrawal.
(2) Prior to the issuance of the order of
withdrawal the commission shall hold a public hearing on the necessity for the
withdrawal. Notice of the hearing shall be published in at least one issue each
week for at least two consecutive weeks prior to the hearing in a newspaper of
general circulation published in each county in which are located the waters
proposed to be withdrawn.
(3) The order of withdrawal shall specify
with particularity the waters withdrawn from appropriation, the uses for which
the waters are withdrawn, the reason for the withdrawal and the duration of the
withdrawal. The commission may modify or revoke the order at any time.
(4) Copies of the order of withdrawal and
notices of any modification or revocation of the order of withdrawal shall be
filed in the Water Resources Department.
(5) While the order of withdrawal is in
effect, no application for a permit to appropriate the waters withdrawn for the
uses specified in the order and no application for a preliminary permit or
license involving appropriations of such waters shall be received for filing by
the Water Resources Commission. [1955 c.707 §16; 1961 c.224 §11; 1985 c.673 §17;
1989 c.833 §55]
536.420
Representation of state in carrying out compacts and agreements with other
governmental agencies regarding water resources. (1) The Governor shall designate the Water
Resources Director or a member or members of the Water Resources Commission to
act on behalf of and to represent the state in formulating, entering into and
carrying out any formal or informal compact or other agreement authorized by
the Legislative Assembly concerning the use and control of the water resources
of this state, between this state or any state agency or public corporation
thereof and any other state, any state agency or public corporation thereof or
the federal government or any agency thereof.
(2) The representative or representatives
designated by the Governor under subsection (1) of this section shall make
every effort practicable to ensure that the compact or other agreement, as
formulated, entered into and carried out, is in harmony with the state water
resources policy and otherwise with the public interest in encouraging,
promoting and securing the maximum beneficial use and control of the water
resources of this state.
(3) The commission in carrying out an
investigation pertaining to water resources may cooperate with state agencies
of
(4) Any state agency or public corporation
of this state required or permitted by law to formulate, enter into or carry
out any compact or other agreement referred to in subsection (1) of this
section shall give timely and adequate notice to the commission before it
undertakes any action under such requirement or permission. [1955 c.707 §17;
1961 c.298 §1; 1975 c.581 §25; 1999 c.59 §169]
536.430
Commission to devise plans and programs for development of water resources. The Water Resources Commission shall devise
plans and programs for the development of the water resources of this state in
such a manner as to encourage, promote and secure the maximum beneficial use
and control thereof. [1955 c.707 §18]
536.440
Investigations and studies.
The Water Resources Commission, by itself or in conjunction with any person,
local voluntary committee or association, state agency or public corporation of
this or any other state, any interstate agency or any agency of the federal
government, may conduct such investigations, surveys or studies, including the
holding of public hearings, relating to the water resources of this state as it
deems necessary to facilitate and assist in carrying out its functions as
provided by law. [1955 c.707 §20]
536.450
Assistance by commission to other persons and agencies. The Water Resources Commission may make
available technical advice and information for the purpose of assisting any
person, local voluntary committee or association, state agency or public
corporation of this state, any interstate agency or any agency of the federal
government in the preparation, carrying into effect and properly sustaining any
plan, program or project concerning the use or control of the water resources
of this state in harmony with the state water resources policy or otherwise
with the public interest in encouraging, promoting and securing the maximum
beneficial use and control of the water resources of this state. [1955 c.707 §19]
536.460
Preparation and submission of information or recommendations to other persons
or agencies. The Water
Resources Commission may prepare and submit information or proposals and
recommendations relating to the water resources of this state or the functions
of the commission as provided by law to any person, local voluntary committee
or association, state agency or public corporation of this or any other state,
any interstate agency, any agency of the federal government or any committee of
the legislature of this or any other state or of the Congress of the United
States. [1955 c.707 §22]
536.470
Coordination of local, state, interstate and federal programs. The Water Resources Commission may consult
and cooperate with any state agency or public corporation of this or any other
state, any interstate agency or any agency of the federal government for the
purpose of promoting coordination between local, state, interstate and federal
plans, programs and projects for the use or control of the water resources of
this state or to facilitate and assist the commission in carrying out its
functions as provided by law. [1955 c.707 §21]
536.480
Making available information concerning water resources. The Water Resources Commission, insofar as
practicable, shall make available, free or at cost, to the public and to any
state agency or public corporation of this or any other state, any interstate
agency or any agency of the federal government, information concerning the
water resources of this state or the functions of the commission as provided by
law, including information relating to the state water resources policy, to any
plan or program devised by the commission for the development of the water
resources of this state, to the results of any investigation, survey or study
conducted by the commission and to the results of any hearing held by the
commission. [1955 c.707 §23]
536.490
Attendance at conferences and meetings. The Water Resources Commission, or any member thereof or any other
person designated by the commission, may attend and participate in any public
conference, meeting or hearing held within or without this state for the
purpose of considering water resources problems. [1955 c.707 §24]
536.500
Acceptance and expenditure of moneys from public and private sources. The Water Resources Commission may accept
and expend moneys from any public or private source, including the federal
government, made available for the purpose of encouraging, promoting and
securing the maximum beneficial use and control of the water resources of this
state or to facilitate and assist in carrying out its functions as provided by
law. All moneys received by the commission under this section shall be
deposited in the State Treasury and, unless otherwise prescribed by the source
from which such moneys were received, shall be kept in separate accounts in the
General Fund designated according to the purposes for which the moneys were
made available. Notwithstanding the provisions of ORS 291.238, all such moneys
are continuously appropriated to the commission for the purposes for which they
were made available and shall be expended in accordance with the terms and
conditions upon which they were made available. [1955 c.707 §25]
536.510 [1955 c.707 §26; repealed by 1985 c.673 §185]
536.520
State agencies and public corporations furnishing information and services to
commission. (1) In order to
facilitate and assist in carrying out its functions as provided by law, the
Water Resources Commission may:
(a) Call upon state agencies or public
corporations of this state to furnish or make available to the commission
information concerning the water resources of this state which such state
agencies or public corporations have acquired or may acquire in the performance
of their functions.
(b) Have access to the records, facilities
or projects of state agencies or public corporations of this state, insofar as
such records, facilities or projects may concern the water resources of this
state or the functions of the commission with regard thereto.
(c) Otherwise utilize the services, records
and other facilities of state agencies or public corporations of this state to
the maximum extent practicable.
(2) Upon request by the commission, all
officers and employees of state agencies or public corporations of this state
shall cooperate to the maximum extent practicable with the commission under
subsection (1) of this section.
(3) Upon receipt and approval by the
commission of approved claims therefor, any special or extraordinary expense
incurred by any state agency or public corporation of this state in cooperating
with the commission under this section shall be paid by the commission. [1955
c.707 §§27,28]
536.530 [1955 c.707 §29; repealed by 1975 c.581 §29
and by 1975 c.605 §33]
536.540
Approval of voucher claims.
All voucher claims for indebtedness or expenses authorized and incurred by the
Water Resources Commission in carrying out its functions as provided by law
shall be approved by the commission or as provided in ORS 293.330. [1955 c.707 §31]
536.550 [1955 c.707 §30; repealed by 1985 c.673 §185]
536.560 [1955 c.707 §76; 1979 c.284 §164; repealed
by 1985 c.673 §185]
MISCELLANEOUS
PROVISIONS
536.570
Moneys and securities of irrigation districts in possession of Water Resources
Commission; deposit with State Treasurer. The Water Resources Commission may deposit with the State Treasurer
for safekeeping all moneys and securities which may come into the commissions
possession in connection with the reorganization, retirement or settlement of
the bonds, warrants or other evidences of indebtedness of any irrigation
district within the state. When so deposited the State Treasurer shall safely
keep the same subject to call of the Water Resources Commission. [Formerly
544.050; 1957 c.351 §3; 1985 c.673 §19]
536.580
Rights acquired prior to August 3, 1955, not affected. Nothing in ORS 509.645, 536.220 to 536.540
or 543.225, as enacted by chapter 707, Oregon Laws 1955, nor in the amendments
made by chapter 707, Oregon Laws 1955, to ORS 225.290, 225.300, 261.325,
261.330, 509.610, 509.625, 537.170, 537.200 (1969 Replacement Part), 543.050 or
543.230, nor in sections 38, 41, 43, 45 or 50 of chapter 707, Oregon Laws 1955,
nor in ORS 509.585 shall be construed to take away or impair any right to any
waters or to the use of any waters vested and inchoate prior to August 3, 1955.
[1955 c.707 §55; 1973 c.723 §125; 1985 c.673 §181; 2001 c.923 §15]
536.590
Rights acquired prior to January 1, 1956, not affected. Nothing in the amendments made by chapter
707, Oregon Laws 1955, to ORS 182.410, 536.010 (1973 Replacement Part),
542.110, 548.365, 555.030 or 555.070, nor in sections 58 to 65, 70 or 75 of
chapter 707, Oregon Laws 1955, shall be construed to take away or impair any
right to any waters or to the use of any waters vested or inchoate prior to January
1, 1956. [1955 c.707 §77; 1969 c.168 §2; 1985 c.673 §182]
536.595
Department discussions with Corps of Engineers over operation of
(1) Specify that the State of
(2) Encourage the United States Army Corps
of Engineers to place
(3) If the United States Army Corps of
Engineers indicates that recreational use of
Note: 536.595 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.
536.600 [1993 c.765 §104; renumbered 541.345 in
1995]
EMERGENCY
WATER SHORTAGE POWERS
536.700
Drainage basin defined. As
used in ORS 536.700 to 536.780, drainage basin means one of the 18
536.710
Policy. (1) The Legislative
Assembly finds that an emergency may exist when a severe, continuing drought
results in a lack of water resources, thereby threatening the availability of
essential services and jeopardizing the peace, health, safety and welfare of
the people of Oregon.
(2) The Legislative Assembly finds it
necessary in the event of an emergency described in subsection (1) of this
section, to promote water conservation and to provide an orderly procedure to
assure equitable curtailment, adjustment, allocation or regulation in the
domestic, municipal and industrial use of water resources where more than one
user is dependent upon a single source of supply. [1977 c.541 §1]
536.720
Declaration of state authority; Governors power to order water conservation or
curtailment plan. (1)
Because municipal and other political subdivision boundaries do not conform
with the geographic boundaries of the 18 major drainage basins, or associated
subbasins in the state, and because problems caused by a severe continuing
drought may exceed local ability to control, the Legislative Assembly declares
that water resource conservation in time of severe, continuing drought requires
the exercise of state authority.
(2)(a) After a declaration that a severe,
continuing drought exists, or is likely to exist, the Governor may order
individual state agencies and political subdivisions within any drainage basin
or subbasin to implement, within a time certain following the declaration, a
water conservation or curtailment plan or both, approved under ORS 536.780.
(b) Each state agency and political
subdivision ordered to implement a water conservation or curtailment plan shall
file with the Water Resources Commission such periodic reports regarding
implementation of the plans as the commission or the Governor may require.
(3) Orders provided for in subsection (2)
of this section and curtailments, adjustments, allocations and regulations
ordered pursuant thereto shall be designed insofar as practicable not to
discriminate within any class of consumers.
(4) It is the intent of the Legislative
Assembly that curtailments, adjustments, allocations and regulations ordered
pursuant to subsection (2) of this section be continued only so long as a
declaration by the Governor of the existence of severe, continuing drought is
in effect.
(5) The Governor may direct individual
state agencies and political subdivisions of this state to seek enforcement of
all orders and regulations issued pursuant to ORS 536.780 and subsection (2) of
this section. [1977 c.541 §2; 1985 c.673 §20; 1989 c.87 §7]
536.730
Effect of emergency powers on vested water rights. Except as provided in ORS 536.740 and
536.750, nothing in ORS 536.700 to 536.780 is intended to permit the Governor
or the Water Resources Commission to hinder the ability of any holder of a
vested water right to obtain and use legally assured benefits of that right. [1977
c.541 §4; 1989 c.87 §8]
536.740
Governors authority to declare drought. Upon finding that a need exists for statewide coordination of water
resource conservation measures by municipal and other political subdivisions of
this state in order to minimize problems caused by a severe shortage of water,
the Governor may declare that a severe, continuing drought exists or is likely
to exist. [1989 c.87 §2]
536.750
Powers of commission after declaration of drought; rules. (1) Notwithstanding any provision of ORS
chapters 536 to 543A, after a declaration that a severe, continuing drought
exists, the Water Resources Commission may:
(a) Issue without first conducting a
hearing under ORS 537.170, a temporary permit for an emergency use of water;
(b) Allow a temporary change in use, place
of use or point of diversion of water without complying with the notice and
waiting requirements under ORS 540.520;
(c) Notwithstanding the priority of water
rights, grant preference of use to rights for human consumption or stock
watering use;
(d) Waive the notice requirements under
ORS 537.753 and the report required under ORS 537.762;
(e) Allow a temporary exchange of water
without giving notice as required under ORS 540.535; and
(f) Utilize an expedited notice and
waiting requirement established by rule for the substitution of a supplemental
ground water right for a primary water right under drought conditions in place
of the notice and waiting requirement provided in ORS 540.524.
(2) The commission by rule may establish
procedures for carrying out the provisions of this section and a schedule of
fees that must accompany a request under subsection (1) of this section. [1989
c.87 §3; 1999 c.873 §20; 2001 c.788 §1]
536.760
Cessation of actions taken under ORS 536.750. Any action taken under ORS 536.750 may be carried out only during the
period of severe, continuing drought. After the drought, any water use
undertaken under ORS 536.750 must cease or comply with the applicable
provisions of ORS 537.110 to 537.252, 537.505 to 537.795 and 537.992 or 540.520
and 540.530. [1989 c.87 §4]
536.770
Purchase of option or agreement for use of water permit or right during
declared drought; application; fee. (1) The Water Resources Commission or a local government, public
corporation or water right holder may purchase an option or enter an agreement
to use an existing permit or water right during the time in which a severe,
continuing drought is declared to exist.
(2) A local government, public corporation
or water right holder proposing to purchase an option or enter an agreement
under this section shall submit to the commission an application accompanied by
the fee required under ORS 536.050 (1)(a).
(3) After approval of the application by
the commission, the option or agreement user:
(a) Is not required to construct any
diversion or appropriation facilities or works;
(b) May use the water acquired under the
option or agreement on property or for a use different than allowed in the
permit or water right transferred under the option or agreement, if the water
is used to replace water not available to the local government, public
corporation or water right holder because of the drought; and
(c) May begin use at any time after
approval by the commission so long as the total use by the water right or
permit holder and the option or agreement user is within the rate, volume and
seasonal limits of the permit or water right. [1989 c.87 §5; 1993 c.349 §1;
1997 c.587 §3; 2001 c.788 §2]
536.780
Water conservation or curtailment plans; contents; review; effect of failure to
file or implement. (1) The
Water Resources Commission, upon a finding that a severe or continuing drought
is likely to occur, may order individual state agencies and political
subdivisions within any drainage basin or subbasin to develop and file with the
commission, within 30 days following the order, a water conservation or
curtailment plan or both. The commission may allow the state agencies and
political subdivisions more than 30 days following the order to file the plan
depending on the urgency for the plan.
(2)(a) The water conservation plan shall
specify efforts to be made:
(A) To reduce usage of water resources for
nonessential public purposes;
(B) To undertake activities consistent
with law designed to promote conservation, prevention of waste, salvage and
reuse of water resources; and
(C) To establish programs consistent with
law designed to promote conservation, prevention of waste, salvage and reuse of
water resources.
(b) When a state agency or political
subdivision files a water conservation plan with the Water Resources
Commission, the commission shall review the plan and approve it if the
commission finds that the plan satisfactorily promotes uniformity in water
conservation practices and the coordination of usage regulation, taking into
account local conditions.
(3)(a) The water curtailment plan, in
order to provide water necessary for human and livestock consumption during a
severe and continuing drought, shall specify efforts to be made:
(A) To curtail, adjust or allocate the
supply of water resources for domestic, municipal and industrial use; and
(B) To regulate the times and manner in
which water resources are consumed.
(b) When a state agency or political
subdivision files a water curtailment plan with the Water Resources Commission,
the commission shall review the plan and approve it if the commission finds
that the plan satisfactorily promotes uniformity in water curtailment practices
and the coordination of usage regulation, taking into account local conditions.
(4) If a state agency or political
subdivision fails to file a water conservation or curtailment plan when so
ordered, or if the commission does not approve a filed plan, the commission may
develop appropriate plans. [1989 c.87 §6]
PENALTIES
536.900
Civil penalties; imposition.
(1) In addition to any other liability or penalty provided by law, the Water
Resources Commission may impose a civil penalty on a person for any of the
following:
(a) Violation of any of the terms or
conditions of a permit, certificate or license issued under ORS chapters 536 to
543A.
(b) Violation of ORS 537.130 or 537.535.
(c) Violation of any rule or order of the
Water Resources Commission that pertains to well maintenance.
(d) Violation of ORS 540.045, 540.145,
540.210, 540.310, 540.320, 540.330, 540.340, 540.435, 540.440, 540.570 (5),
540.710, 540.720 and 540.730 or rules adopted under ORS 540.145.
(2) A civil penalty may be imposed under
this section for each day of violation of ORS 537.130, 537.535, 540.045,
540.310, 540.330, 540.570 (5), 540.710, 540.720 or 540.730.
(3) In the event the petitioner knowingly
misrepresents the map and petition required in ORS 541.329, the commission may
assess a penalty of up to $1,000 based upon guidelines to be established by the
commission. In addition, the petition and map shall be amended to correct the
error at the petitioners cost. Affected users shall be given notice as
provided in ORS 541.329 (5).
(4) A civil penalty may not be imposed
until the commission prescribes a reasonable time to eliminate the violation.
The commission shall notify the violator of the time allowed to correct a
violation within five days after the commission first becomes aware of the
violation.
(5) Notwithstanding any term or condition
of a permit, certificate or license, the rotation of the use of water under ORS
540.150 may not be considered a violation under subsection (1) of this section.
[1989 c.618 §1; 1991 c.869 §5; 1993 c.818 §5; 1999 c.873 §21; 2001 c.788 §§6,12;
2003 c.705 §§17,18]
Note: 536.900 to 536.935 were enacted into law by
the Legislative Assembly but were 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.
536.905
Notice; application for hearing. (1) Any civil penalty under ORS 536.900 shall be imposed as provided
in ORS 183.745.
(2) Notwithstanding ORS 183.745, the
person to whom the notice is addressed shall have 10 days from the date of
service of the notice in which to make written application for a hearing before
the commission. [1989 c.618 §2; 1991 c.734 §50]
Note: See note under 536.900.
536.910
Amount of penalty; rules.
After public hearing, the Water Resources Commission by rule shall adopt a
schedule establishing the civil penalty that may be imposed under ORS 536.900
and the time allowed to correct each violation. However, the civil penalty may
not exceed $5,000 for each violation. [1989 c.618 §3]
Note: See note under 536.900.
536.915
Remission or reduction of penalty. A civil penalty imposed under ORS 536.900 may be remitted or reduced
upon such terms and conditions as the Water Resources Commission considers
proper and consistent with the public health and safety and protection of the
public interest in the waters of this state. [1989 c.618 §4]
Note: See note under 536.900.
536.920
Factors to be considered in imposition of penalty. In imposing a penalty pursuant to the
schedule adopted pursuant to ORS 536.910, the Water Resources Commission shall
consider the following factors:
(1) The past history of the person
incurring a penalty in taking all feasible steps or procedures necessary or
appropriate to correct any violation.
(2) Any prior violations of statutes,
rules or orders pertaining to water use.
(3) The economic and financial conditions
of the person incurring the penalty, including any financial gains resulting
from the violation.
(4) The immediacy and extent to which the
violation threatens other rights to the use of water or the public health or
safety or the public interest in the waters of this state. [1989 c.618 §5]
Note: See note under 536.900.
536.925 [1989 c.618 §12; repealed by 1991 c.734 §122]
536.930
Consequence of failure to follow order. Any owner or operator who fails without sufficient cause to take
corrective action as required by an order of the Water Resources Commission
shall be liable for damages not to exceed the amount of all expenses incurred
by the Water Resources Department in carrying out the departments enforcement
duties related to the corrective action. [1989 c.618 §7; 1991 c.734 §51]
Note: See note under 536.900.
536.935
Disposition of penalties; appropriation. All penalties recovered under ORS 536.930 shall be paid into the State
Treasury and credited to an account of the Water Resources Department. Such
moneys are continuously appropriated to the department to carry out the
provisions of ORS chapters 536 to 543A. [1989 c.618 §8; 1999 c.873 §22]
Note: See note under 536.900.
_______________
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