2007 Oregon Code - Chapter 541 :: Chapter 541 - Watershed Enhancement and Protection - Water Development Projects - Miscellaneous Provisions on Water Rights - Stewardship Agreements
Chapter 541 —
Watershed Enhancement and Protection;
Water Development
Projects; Miscellaneous Provisions on Water Rights;
Stewardship
Agreements
2007 EDITION
WATERSHED ENHANCEMENT AND PROTECTION
WATER LAWS
WATER COMPANIES ORGANIZED UNDER 1891 ACT
541.010Â Â Â Â Furnishing
of water for certain purposes declared to be a public use; rates; amendment of
law
541.020Â Â Â Â Construction
of ditches and canals by corporation; route across lands
541.030Â Â Â Â Ditches
and canals across state lands; grant of right of way
541.040Â Â Â Â Headgate;
mode of construction
541.050Â Â Â Â Leakage
or overflow; liability; exception
541.055Â Â Â Â District
liability for seepage and leakage from water or flood control works; limitation
on commencement of action
541.060Â Â Â Â Waste
of water; flooding premises; unnecessary diversion
541.070Â Â Â Â Ditches,
canals and flumes as real estate
541.080Â Â Â Â Suits
involving water rights; parties; decree as to priorities
APPROPRIATION OF WATER FOR MINING AND
ELECTRIC POWER UNDER 1899 ACT
541.110Â Â Â Â Use
of water to develop mineral resources and furnish power
541.120Â Â Â Â Ditches
and canals through lands; use of existing ditch by others than owner; joint
liability
541.130Â Â Â Â Right
of way for ditches across state lands
APPROPRIATION OF WATER BY THE UNITED STATES
541.220Â Â Â Â Survey
of stream system; delivery of data to Attorney General; suits for determination
of water rights
541.230Â Â Â Â State
lands within irrigated area; restrictions on sale; conveyance of lands needed
by
541.240Â Â Â Â Right
of way for ditches and canals; reservation in conveyances
541.250Â Â Â Â Cession
to
SUITS FOR DETERMINATION OF WATER RIGHTS UNDER
1905 ACT
541.310Â Â Â Â Suits
for determination of rights; parties; survey of stream; disbursements
541.320Â Â Â Â Decrees
adjudicating rights; filing; statement as to matters adjudicated
DISTRICT WATER RIGHTS MAPPING
541.325Â Â Â Â Definitions
for ORS 541.327 to 541.333
541.327Â Â Â Â Failure
or refusal of district to act; joint applications; eligible participants
541.329Â Â Â Â Petition
for approval of district map; contents; notice to users; corrections
541.331Â Â Â Â Protest
against approval of petition; hearing; issuance of water right certificate;
land subject to inclusion
541.333Â Â Â Â Application
for change of place of use, point of diversion or use; contents; form of map
WATERSHED MANAGEMENT AND ENHANCEMENT
(Generally)
541.351Â Â Â Â Definitions
for ORS 541.351 to 541.415
541.353Â Â Â Â Legislative
findings; principles of Oregon Plan; policy
541.360Â Â Â Â Oregon
Watershed Enhancement Board; officers; qualifications
541.362Â Â Â Â Executive
director of Oregon Watershed Enhancement Board; appointment
541.363Â Â Â Â Authority
of executive director to enter into interagency agreements
541.365Â Â Â Â Conduct
of watershed enhancement program; integration of geographic information
541.368Â Â Â Â Implementation
of grant programs
541.370Â Â Â Â Duties
of board; grant program; advisory committees
541.371Â Â Â Â Duties
of board related to integrated watershed planning and management; allocation of
funds to local soil and water conservation districts and watershed councils
541.372Â Â Â Â Authority
of board to accept moneys; disposition
541.373Â Â Â Â Authority
of Governor to accept moneys; disposition
541.375Â Â Â Â Watershed
enhancement projects; grant program; criteria for approval; acquisition of
interest in land or water
541.376Â Â Â Â Title
restrictions on land purchased through grant agreement
541.377Â Â Â Â Parks
and Natural Resources Fund; sources; subaccounts; uses of subaccounts
541.378Â Â Â Â Restoration
and Protection Research Fund; establishment; sources; uses
541.379Â Â Â Â Watershed
Improvement Operating Fund; establishment; sources; uses
541.381Â Â Â Â Flexible
Incentives Account; creation; sources; uses
541.384Â Â Â Â Watershed
management program; project funding; high priority watersheds
541.388Â Â Â Â Voluntary
local watershed councils; protection against liability
541.390Â Â Â Â Duties
of Natural Resources Division
541.392Â Â Â Â Report
to Legislative Assembly
541.395Â Â Â Â State
agency reports to be provided to board
541.396Â Â Â Â Rules
(Watershed Improvement Grant Fund)
541.397Â Â Â Â Watershed
Improvement Grant Fund; creation; sources; uses
541.399Â Â Â Â Purpose
of grants from Watershed Improvement Grant Fund
541.401Â Â Â Â Criteria
for project receiving moneys from Watershed Improvement Grant Fund
(The
541.405Â Â Â Â Oregon
Plan described; goals; elements; Governor to negotiate with federal government
541.407Â Â Â Â Healthy
Streams Partnership; members; duties
541.409Â Â Â Â Independent
Multidisciplinary Science Team; duties; agency response to science team
recommendations
541.411Â Â Â Â Responsibilities
of state agency participating in Oregon Plan
541.413Â Â Â Â Agency
report to legislative committee prior to adjustment of expenditure limitation
or additional funding related to Oregon Plan
541.415Â Â Â Â Oregon
Plan for Salmon and Watersheds Legal Fund; establishment; sources; uses
541.420Â Â Â Â Oregon
Watershed Enhancement Board reports to Governor and Legislative Assembly on
Oregon Plan
(Stewardship Agreements)
541.423Â Â Â Â Stewardship
agreements; contents; procedures for adoption; rules
541.425Â Â Â Â Stewardship
Agreement Grant Fund
541.426Â Â Â Â Criteria
for funding projects from Stewardship Agreement Grant Fund
USE OF WATER TO OPERATE WATER-RAISING
MACHINERY
541.430Â Â Â Â Use
of machinery by riparian owner to raise water; prior rights of others
SPLASH DAMS
541.450Â Â Â Â Definitions
for ORS 541.450 to 541.460
541.455Â Â Â Â Splash
dams unlawful
541.460Â Â Â Â Abatement
proceedings by Attorney General
RELEASE OF WATER FROM IMPOUNDMENT OR
DIVERSION STRUCTURE
541.510Â Â Â Â Authority
of Water Resources Commission to require signs warning public of stream level
fluctuation
541.515Â Â Â Â Notice
by commission when hazard created by release of stored water
541.520Â Â Â Â Procedure
when owner or operator of structure fails to request hearing; order regulating
release of water
541.525Â Â Â Â Hearing
upon request of owner or operator of structure; notice and conduct of hearing
541.530Â Â Â Â Order
of commission regulating release of water
541.535Â Â Â Â Installation
of automatic stream level recording devices
541.540Â Â Â Â Procedure
in emergency when release of water essential
541.545Â Â Â Â Compliance
with orders of commission; enforcement
WATER DEVELOPMENT PROJECTS
(Definitions)
541.700Â Â Â Â Definitions
for ORS 541.700 to 541.855
(Loan Applications)
541.703Â Â Â Â Project
applications; preference for approval
541.705Â Â Â Â Project
applications; contents
541.710Â Â Â Â Processing
project application; fee
541.715Â Â Â Â Applicant
authorized to obtain private planning, engineering and construction services
541.720Â Â Â Â Conditions
for project application approval
(Loan Contracts)
541.730Â Â Â Â Loan
contract; repayment plan; other terms and conditions
541.735Â Â Â Â Payment
of funds by State Treasurer pursuant to loan contract
541.740Â Â Â Â Liens
and other loan security; foreclosure; rules
541.741Â Â Â Â Recovery
of certain interest amounts
541.745Â Â Â Â Remedies
of commission when water developer fails to comply with contract
541.750Â Â Â Â Repayment
of moneys to Water Development Administration and Bond Sinking Fund
541.755Â Â Â Â Use
of other funds for project construction; effect on funds loaned by state; use
of other funds to repay state loan
541.760Â Â Â Â Reduction
of loan amount when secondary use funding available
541.765Â Â Â Â Authorization
for loans for certain federal projects
541.770Â Â Â Â Federal
project loan contract terms; foreclosure
(Bonds)
541.780Â Â Â Â Bonds
to provide project financing
541.785Â Â Â Â Disposition
and use of bond proceeds
541.800Â Â Â Â Payment
of bond principal and interest from Water Development Administration and Bond
Sinking Fund
541.815Â Â Â Â Limitation
on bond issuance amount
(Administration)
541.830Â Â Â Â Water
Development Administration and Bond Sinking Fund; sources; use; GovernorÂ’s
approval
541.835Â Â Â Â Water
Development Fund; use
541.840Â Â Â Â Emergency
Board request for funds to pay administrative expenses; repayment of board
allocations
541.845Â Â Â Â Rules
541.850Â Â Â Â Commission
acceptance of gifts or grants
541.855Â Â Â Â Biennial
report to Legislative Assembly and Governor
NORTH
541.875Â Â Â Â Dams
and use of water for hydroelectric generation on
541.880Â Â Â Â Responsibility
of government entity for repair or maintenance costs of dams on
PENALTIES
541.990Â Â Â Â Penalties
WATER COMPANIES ORGANIZED UNDER 1891 ACT
     541.010
Furnishing of water for certain purposes declared to be a public use; rates;
amendment of law. (1) The
use of the water of the lakes and running streams of Oregon, for general
rental, sale or distribution, for purposes of irrigation, and supplying water
for household and domestic consumption, and watering livestock upon dry lands
of the state, is a public use, and the right to collect rates or compensation
for such use of water is a franchise. A use shall be deemed general within the
purview of this section when the water appropriated is supplied to all persons
whose lands lie adjacent to or within reach of the line of the ditch, canal or
flume in which the water is conveyed, without discrimination other than
priority of contract, upon payment of charges therefor, as long as there may be
water to supply.
     (2) Rates for the uses of water mentioned
in this section may be fixed by the Legislative Assembly or by such officer as
may be given that authority by the Legislative Assembly, but rates shall not be
fixed lower than will allow the net profits of any ditch, canal, flume or
system thereof to equal the prevailing legal rate of interest on the amount of
money actually paid in and employed in the construction and operation of the
ditch, canal, flume or system.
     (3) This section and ORS 541.020 to
541.080 may at any time be amended by the Legislative Assembly, and
commissioners for the management of water rights and the use of water may be
appointed.
     541.020
Construction of ditches and canals by corporation; route across lands. Whenever any corporation organized under the
Act of 1891, pages 52 to 60, Oregon Laws 1891, finds it necessary to construct
its ditch, canal, flume, distributing ditches, or feeders across the improved
or occupied lands of another, it shall select the shortest and most direct
route practicable, having reference to cost of construction upon which the
ditch, canal, flume, distributing ditches, or feeders can be constructed with
uniform or nearly uniform grade.
     541.030
Ditches and canals across state lands; grant of right of way. The right of way, to the extent specified in
the Act of 1891, pages 52 to 60, Oregon Laws 1891, for the ditches, canals,
flumes, distributing ditches, and feeders of any corporation appropriating
water under the provisions of the Act of 1891, across all lands belonging to
the State of
     541.040
Headgate; mode of construction.
Every corporation having constructed a ditch, canal or flume under the
provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall erect
and keep in good repair a headgate at the head of its ditch, canal or flume,
which, together with the necessary embankments, shall be of sufficient height
and strength to control the water at all ordinary stages. The framework of the
headgate shall be of timber not less than four inches square, and the bottom,
sides and gate shall be of plank not less than two inches in thickness.
     541.050
Leakage or overflow; liability; exception. Every corporation having constructed a ditch, canal, flume or
reservoir under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws
1891, shall be liable for all damages done to the persons or property of
others, arising from leakage or overflow of water therefrom growing out of want
of strength in the banks or walls, or negligence or want of care in the
management of the ditch, canal, flume or reservoir. However, damage resulting
from extraordinary and unforeseen action of the elements, or attributable in
whole or in part to the wrongful interference of another with the ditch, canal,
flume or reservoir, which may not be known to the corporation for such length
of time as would enable it by the exercise of reasonable efforts to remedy the
same, shall not be recovered against the corporation.
     541.055
District liability for seepage and leakage from water or flood control works;
limitation on commencement of action. (1) Any person or irrigation, drainage, water improvement or water
control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554
that owns, operates or maintains any irrigation, drainage, water supply, water
control or flood control works shall be liable for damage caused by seepage and
leakage from such works only to the extent that such damage is directly and
proximately caused by the negligence of the person or irrigation, drainage,
water improvement or water control district organized pursuant to ORS chapter
545, 547, 552, 553 or 554 and not otherwise. Damage resulting from
extraordinary and unforeseen action of the elements, or attributable in whole
or in part to the wrongful interference of another person or irrigation,
drainage, water improvement or water control district organized pursuant to ORS
chapter 545, 547, 552, 553 or 554 with the irrigation, drainage, water supply,
water control or flood control works, which may not be known to the person or
irrigation, drainage, water improvement or water control district organized
pursuant to ORS chapter 545, 547, 552, 553 or 554 for such length of time as
would enable the person or irrigation, drainage, water improvement or water
control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 by
the exercise of reasonable efforts to remedy the same, shall not be recovered
against the person or irrigation, drainage, water improvement or water control
district organized pursuant to ORS chapter 545, 547, 552, 553 or 554.
     (2) An action or suit under subsection (1)
of this section must be commenced within two years from the date when the
damage is first discovered or in the exercise of reasonable care should have
been discovered. However, in no event shall any such action or suit be
commenced more than four years from the date the damage actually occurred. [1979
c.882 §1]
     541.060
Waste of water; flooding premises; unnecessary diversion. Every corporation having constructed a
ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60,
Oregon Laws 1891, shall carefully keep and maintain the embankments and walls
thereof, and of any reservoir constructed to be used in conjunction therewith,
so as to prevent the water from wasting and from flooding or damaging the
premises of others. The corporation shall not divert at any time any water for
which it has no actual use or demand.
     541.070
Ditches, canals and flumes as real estate. All ditches, canals and flumes permanently affixed to the soil,
constructed under the provisions of the Act of 1891, pages 52 to 60, Oregon
Laws 1891, are declared to be real estate, and the same or any interest therein
shall be transferred by deed only, duly witnessed and acknowledged. The vendee
of the same, or any interest therein, at any stage shall succeed to all the
rights of the vendor, and shall be subject to the same liabilities during
ownership.
     541.080
Suits involving water rights; parties; decree as to priorities. In any suit commenced for the protection of
rights to water acquired under the provisions of the Act of 1891, pages 52 to
60, Oregon Laws 1891, the plaintiff may make any or all persons who have
diverted water from the same stream or source parties to the suit, and the
court may in one decree determine the relative priorities and rights of all
parties to the suit. Any person claiming a right on the stream or source, not
made a party to the suit, may become such on application to the court, when it
is made to appear that the person is interested in the result, and may have the
right of the person determined. The court may at any stage, on its own motion,
require any persons having or claiming rights to water on the stream or source,
to be brought in and made parties, when it appears that a complete
determination of the issue involved cannot be made without their presence.
APPROPRIATION
OF WATER FOR MINING AND ELECTRIC POWER UNDER 1899 ACT
     541.110
Use of water to develop mineral resources and furnish power. The use of the water of the lakes and
running streams of
     541.120
Ditches and canals through lands; use of existing ditch by others than owner;
joint liability. No tract or
parcel of improved or occupied land in this state shall, without the written
consent of the owner, be subjected to the burden of two or more ditches,
canals, flumes or pipelines constructed under the Act of 1899, pages 172 to
180, Oregon Laws 1899, for the purpose of conveying water through the property,
when the same object can be feasibly and practically attained by uniting and
conveying all the water necessary to be conveyed through such property in one
ditch, canal, flume or pipeline. Any person having constructed a ditch, canal,
flume or pipeline for the purpose provided in the Act of 1899 shall allow any
other person to enlarge such ditch, canal, flume or pipeline, so as not to
interfere with the operations of the person owning the same, and to use such
ditch, canal, flume or pipeline in common with the person owning the same, upon
payment to such person of a reasonable proportion of the cost of constructing
and maintaining the ditch, canal, flume or pipeline. Such persons shall be
jointly liable to any person damaged.
     541.130
Right of way for ditches across state lands. The right of way to the extent specified in the Act of 1899, pages 172
to 180, Oregon Laws 1899, for the ditches, canals, flumes, pipelines,
distributing ditches, and feeders of any person appropriating water under the
provisions of that Act, across any and all lands belonging to the State of
     541.210 [Repealed by 1953 c.328 §2]
APPROPRIATION
OF WATER BY THE UNITED STATES
     541.220
Survey of stream system; delivery of data to Attorney General; suits for determination
of water rights. In any
stream system where construction is contemplated by the United States under the
Act of Congress approved June 17, 1902, 32 Stat. 388 to 390, and known as the
Reclamation Act, the Water Resources Commission shall make a hydrographic
survey of the stream system, and shall deliver an abstract thereof together
with an abstract of all data necessary for the determination of all rights for
the use of the waters of such system, to the Attorney General. The Attorney
General, together with the district attorneys of the districts affected by the
stream system shall, at the request of the Secretary of the Interior, enter
suit on behalf of the State of Oregon, in the name of the state, for the
determination of all rights for the use of the water, and shall diligently
prosecute the same to a final adjudication. [Amended by 1985 c.673 §101]
     541.230
State lands within irrigated area; restrictions on sale; conveyance of lands
needed by
     541.240
Right of way for ditches and canals; reservation in conveyances. There is granted over all the unimproved
lands now or hereafter belonging to the state the necessary right of way for
ditches, canals, and reservoir sites for irrigation purposes constructed by
authority of the
     541.250
Cession to
SUITS FOR
DETERMINATION OF WATER RIGHTS UNDER 1905 ACT
     541.310
Suits for determination of rights; parties; survey of stream; disbursements. In any suit wherein the state is a party,
for determination of a right to the use of the waters of any stream system, all
who claim the right to use the waters shall be made parties. When any such suit
has been filed the court shall call upon the Water Resources Commission to make
or furnish a complete hydrographic survey of the stream system as provided in
ORS 541.220, in order to obtain all data necessary to the determination of the
rights involved. The disbursements made in litigating the rights involved in
the suit shall be taxed by the court as in other equity suits. [Amended by 1985
c.673 §102]
     541.320
Decrees adjudicating rights; filing; statement as to matters adjudicated. Upon the adjudication of the rights to the
use of the water of a stream system, a certified copy of the decree shall be
prepared by the clerk of the court, without charge, and filed in the Water Resources
Department. The decree shall declare, as to the water right adjudged to each
party, whether riparian or by appropriation, the extent, the priority, amount,
purpose, place of use, and, as to water used for irrigation, the specific
tracts of land to which it shall be appurtenant, together with such other
conditions as may be necessary to define the right and its priority. [Amended
by 1985 c.673 §103]
DISTRICT
WATER RIGHTS MAPPING
     541.325
Definitions for ORS 541.327 to 541.333. As used in ORS 541.327 to 541.333:
     (1) “District” means any district or
corporation organized under ORS chapter 545, 547, 552, 553 or 554 or any
corporation, cooperative, company or other association formed before 1917 for
the purpose of distributing water for irrigation purposes.
     (2) “Owned” or “controlled” means
ownership in fee, purchase on a land sale contract, option to purchase or
lease.
     (3) “User” means an owner of land with an
appurtenant water right that is subject to assessment by a district and that
would be altered by the petition and map filed under ORS 541.329. [1989 c.1000 §1;
1993 c.818 §1]
     Note: 541.325 to 541.333 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
541 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     541.327
Failure or refusal of district to act; joint applications; eligible
participants. (1) If a
district fails or refuses to act under ORS 541.329 and 541.331, the owner of
land with an appurtenant water right within a district and subject to
assessment by the district may transfer the use or place of use of the water
right on or before July 1, 1994, pursuant to ORS 541.333. An owner transferring
the use or place of use under this subsection shall comply with ORS 536.050.
     (2) If the owners of land within a quarter
quarter of a section in a district agree as to the use and place of use of all
water rights in the quarter quarter of the section subject to assessment by the
district, the owners may jointly submit an application, without the fees
required under ORS 536.050, to the Water Resources Department to conform the
departmentÂ’s records to the present usage within the quarter quarter of a
section. The application must be filed in accordance with ORS 541.333 on or
before July 1, 1994.
     (3) The district or users within a
district authorized to participate in the process described under ORS 541.325
to 541.333 shall be limited to those districts or users who have notified the
department on or before July 1, 1993, of their intention to submit a petition.
     (4) Notwithstanding subsection (3) of this
section, the Walla Walla River Irrigation District, or its successor district
formed under ORS chapter 545 and created after July 1, 1994, may participate in
the process described under ORS 541.325 to 541.333 if the district notifies the
department on or before June 30, 2004. [1989 c.1000 §2; 1991 c.957 §12; 1993
c.818 §2; 1995 c.554 §5; 2003 c.691 §1]
     Note: See note under 541.325.
     541.329
Petition for approval of district map; contents; notice to users; corrections. (1) Pursuant to the requirements of
subsection (2) of this section, a district may petition the Water Resources
Commission for approval and acceptance of a district map indicating the
location and use of the water rights within the district or any part thereof.
The petition and map shall be in a form satisfactory to the commission and
shall be certified by the district rather than a certified water right
examiner. For a district that notifies the Water Resources Department under ORS
541.327 (4), the map must be submitted in an electronic format meeting the
standards set by the department. The petition and map may not expand a water
right of the district or its users beyond the total right of record of the
district. If the district has met the requirements of ORS 541.325 to 541.331
and after the opportunity for hearing under ORS 541.331, the commission shall
instruct the director to issue a new certificate to the district listing the requested
locations and uses and retaining the original priority date. If the commission
denies the petition, the commission shall hold a hearing on the denial. Notice
and conduct of the hearing shall be under the provisions of ORS chapter 183
pertaining to contested cases. The hearing shall be conducted in the area where
the right is located unless the parties and the persons who file the protest
under this section stipulate otherwise.
     (2) The petition required under subsection
(1) of this section shall be submitted on or before July 1, 1994, or before
June 30, 2010, for a district notifying the department under ORS 541.327 (4),
and shall include:
     (a) The name of the district and the
certificate number of each water right contained in the petition.
     (b) The names of all users within the
district whose lands are included in the petition.
     (c) A general description of the district
boundaries.
     (d) A general description of the users’
land and all water rights per each parcel affected by the petition and the map.
If the water right is on a tract of land of five acres or less, a notation of
the acres of water right on the assessorÂ’s tax map shall be sufficient for
identification of the place of use and the extent of use.
     (e) A description of the use which is proposed
to be made of the water on each parcel.
     (f) An affirmation by the petitioner that
the map and petition are accurate to the best of the petitionerÂ’s knowledge.
     (3) A petition submitted under this
section shall contain no more acres of land than the least of the following:
     (a) The number of acres assessed by the
district as of July 1, 1989;
     (b) The number of acres assessed by the
district as of July 1, 1993; or
     (c) If a district notifies the department
under ORS 541.327 (4), the number of acres assessed by the district as of
December 31, 2003.
     (4) Before submitting a petition under
subsection (2) of this section, the district shall send a notice to the user of
every parcel whose right of record is to be altered, as evidenced by the
districtÂ’s records. This notice shall be sent to the last-known address for the
user with a return receipt requested. The notice shall include the number of
acre-feet of water or its equivalent, for which the user is being assessed, a
general description or tax lot of the land to which the water is assigned, a
description of the use and a request for confirmation that the information in
the notice is correct. Thirty days after the notice is mailed, the district
shall prepare a petition and map as described in subsections (1) and (2) of
this section. Payment for water by the user or the userÂ’s predecessor for a
period of five years before the petition shall create a rebuttable presumption
that the number of acres billed and paid by the user or the userÂ’s predecessor
is equal to the userÂ’s water right.
     (5) Within 30 days after the commission
issues a proposed order regarding the petition, the district shall send notice
to the users of the district whose right of record is to be altered by the
proposed order. This notice shall be sent to the last-known address of the user
with a return receipt requested. The notice shall include the number of acres
of land, or its equivalent, for which the user is being assessed, a general
description or tax lot number of the land to which the water is assigned and a
description of the use. In addition to the notice of the proposed order that
the district sends to the users, the district shall publish at the same time
notice in a newspaper having general circulation in the area in which the water
rights are located for a period of at least three weeks. Not less than one
publication in each week shall be made. The notice shall state:
     (a) The number of acres of water right
that each parcel shall receive and the associated priority dates;
     (b) That the proposed map and order are
available for inspection at the office of the district during normal business
hours for a period of 60 days from the date of first publication;
     (c) That not less than 60 days after the
date of first publication, the commission shall approve the petition and map
and issue a final order unless a protest is filed or the petition does not meet
the requirements of subsections (1) and (2) of this section; and
     (d) That the user has the right to protest
the proposed order and map as described in ORS 541.331.
     (6) If the commission returns a petition
or map to a district for correction, the commission may prescribe a deadline
for the petitioner to provide additional information or correct the petition or
map. If the petitioner fails to meet the deadline prescribed by the commission,
the commission may deny the petition. [1989 c.1000 §3; 1991 c.957 §13; 1993
c.818 §3; 2003 c.691 §2]
     Note: See note under 541.325.
     541.331
Protest against approval of petition; hearing; issuance of water right
certificate; land subject to inclusion. (1) Any user may file with the Water Resources Department, within 60
days after the date of first publication, under ORS 541.329, a protest against
a proposed order approving the petition. Whenever a timely protest is filed or
in the opinion of the Water Resources Director a hearing is necessary to
determine whether the district has met the requirements of ORS 541.325 to
541.333 or the proposed changes described in the proposed order would result in
injury to existing water rights, the department shall hold a hearing on the
matter. The hearing shall be conducted according to the provisions of ORS
chapter 183 applicable to contested cases. The hearing shall be held in the
area where the rights are located unless the parties and the persons who filed
the protest under this section stipulate otherwise.
     (2) If after examination or hearing, the
department finds that the district has met the requirements of ORS 541.325 to
541.331 and that the changes described in the proposed order would not result
in injury to existing water rights, the department shall issue a final order
approving the petition and map as described in the proposed order. If a water
right certificate for the water right has been issued previously, the
department shall cancel the previous certificate and issue a new certificate
that conforms to the final order and map and retains the original priority
date.
     (3) A certificate issued under this
section shall have the evidentiary effect provided for in ORS 537.270 except
when the right to appropriate water described in the certificate is abandoned
after the certificate is amended or issued.
     (4) The department may approve for
inclusion in a new certificate under ORS 541.329 and this section only land
which, on July 1, 1993, or, if a district notifies the department under ORS
541.327 (4), on December 31, 2003, is:
     (a) Land within the legal boundaries of
the district as those boundaries were originally described or as they may have
been changed by legally prescribed inclusion or exclusion proceedings.
     (b) Land for which inclusion in the
district has been requested previously as prescribed by law.
     (c) Land on which a previously perfected
water right has been applied beneficially and for which the user has been
charged or assessed by the district in at least one of the last five years and
for which the user is currently being charged or assessed. [1989 c.1000 §4;
1993 c.818 §4; 1995 c.554 §7; 1999 c.590 §1; 2003 c.691 §3]
     Note: See note under 541.325.
     541.333
Application for change of place of use, point of diversion or use; contents;
form of map. (1) Whenever
the owner of a water right for irrigation, domestic use, stock water storage or
other use, for any reason desires to change the place of use, the point of
diversion or the use made of the water under ORS 541.327, an application shall
be filed with the Water Resources Department.
     (2) The application required under
subsection (1) of this section shall include:
     (a) The name of the owner;
     (b) The previous use of the water;
     (c) A description of the premises upon
which the water is used;
     (d) A description of the premises upon
which it is proposed to use the water;
     (e) The use which is proposed to be made
of the water;
     (f) The reasons for making the proposed
change;
     (g) If the application is made under ORS
541.327 (1), evidence that the water has been used within the past five years
upon lands owned or controlled by the owner of the water right;
     (h) In the event the application is made
pursuant to ORS 541.327 (2), evidence that the water has been used within the
past five years in the quarter quarter of a section; and
     (i) The approval of the district in which
the water right is located.
     (3) The description of the premises or
mapping required under ORS 541.329 (2) shall not require a map prepared by a
certified water right examiner, but shall be in a form satisfactory to the
Water Resources Commission. If the water right is on a tract of land of five
acres or less, the assessorÂ’s tax map with a notation of the acres of water
right shall be sufficient for identification of the tract and place of use.
     (4) A certificate issued under this
section has the evidentiary effect provided for in ORS 537.270 except when the
right to appropriate water described in the certificate is abandoned after the
certificate is amended or issued. [1989 c.1000 §5; 1995 c.554 §8]
     Note: See note under 541.325.
     541.345 [Formerly 536.600; repealed by 1999 c.1026 §29]
     541.347 [1993 c.601 §1; repealed by 1999 c.1026 §3
(541.353 enacted in lieu of 541.347)]
     541.350 [1987 c.734 §1; 1995 c.187 §1; repealed by
1999 c.1026 §1 (541.351 enacted in lieu of 541.350)]
WATERSHED
MANAGEMENT AND ENHANCEMENT
(Generally)
     541.351
Definitions for ORS 541.351 to 541.415. As used in ORS 541.351 to 541.415:
     (1) “Adaptive management” means applying
management or practices over time and across the landscape to achieve site
specific resource goals using an integrated and science based approach that
results in changes over time in response to feedback or monitoring.
     (2) “Associated uplands” includes those
lands of a watershed that are critical to the functioning and protection of a
riparian area.
     (3) “Board” means the Oregon Watershed
Enhancement Board created under ORS 541.360.
     (4) “Capital expenditures” means direct
expenses related to:
     (a) Personal property of a nonexpendable
nature including items that are not consumed in the normal course of
operations, can normally be used more than once, have a useful life of more
than two years and are for use in the enforcement of fish and wildlife and
habitat protection laws and regulations; or
     (b) Projects that restore, enhance or
protect fish and wildlife habitat, watershed functions, native salmonid
populations or water quality, including but not limited to:
     (A) Expenses of assessment, research,
design or other technical requirements for the implementation of a project;
     (B) The acquisition of determinate
interests, including fee and less than fee interests, in land or water in order
to protect watershed resources, including appraisal costs and other costs
directly related to such acquisitions;
     (C) Development, construction or
implementation of a project to restore, enhance or protect water quality, a
watershed, fish or wildlife, or riparian or other habitat;
     (D) Technical support directly related to
the implementation of a project; and
     (E) Monitoring or evaluation activities
necessary to determine the actual effectiveness of a project.
     (5) “Independent Multidisciplinary Science
Team” means the scientific team of recognized experts in fisheries, artificial
propagation, stream ecology, forestry, range, watershed and agricultural
management created under ORS 541.409.
     (6) “Native” means indigenous to
     (7) “Oregon Plan” means the guidance
statement and framework described in ORS 541.405.
     (8) “Protect” or “protection” means to
minimize or mitigate adverse effects on salmonid and habitat to the maximum
extent practicable given the anticipated duration, geographic scope and primary
purpose of proposed activities.
     (9) “Restore” or “restoration” means to
take actions likely to achieve sustainable population levels of native fish or
wildlife and their habitats.
     (10) “Riparian area” means a zone of
transition from an aquatic ecosystem to a terrestrial ecosystem, dependent upon
surface or subsurface water, that reveals through the zoneÂ’s existing or
potential soil-vegetation complex the influence of such surface or subsurface
water. A riparian area may be located adjacent to a lake, reservoir, estuary,
pothole, spring, bog, wet meadow, muskeg or ephemeral, intermittent or
perennial stream.
     (11) “Soil and water conservation district”
means a political subdivision of the state as described in ORS 568.550.
     (12) “Stewardship” means the careful and
responsible management of the environment.
     (13) “Tribe” means a federally recognized
Indian tribe in
     (14) “Watershed” means the entire land
area drained by a stream or system of connected streams such that all
streamflow originating in the area is discharged through a single outlet.
     (15) “Watershed council” means a voluntary
local organization, designated by a local government group convened by a county
governing body, to address the goal of sustaining natural resource and
watershed protection, restoration and enhancement within a watershed. [1999
c.1026 §2 (enacted in lieu of 541.350)]
     541.353
Legislative findings; principles of
     (a) The long-term protection of the water
resources of this state, including sustainable watershed functions, is an
essential component of
     (b) Each watershed in
     (c) Management techniques and programs for
the protection and enhancement of watersheds can be most effective and
efficient when voluntarily initiated at the local level;
     (d) Cooperative partnerships between
affected private individuals, interested citizens, tribes and representatives
of local, state and federal agencies may improve opportunities to achieve the
protection, enhancement and restoration of the stateÂ’s watersheds; and
     (e) The establishment of such cooperative
partnerships should be encouraged by local individuals, local organizations and
representatives of state agencies.
     (2) The Legislative Assembly declares that
the Oregon Plan for integrating regulatory efforts while fostering incentives
and voluntary action for environmental stewardship should be founded upon the
following principles:
     (a) Promoting collaboration and
partnerships among local, state, regional, tribal and federal governments and
private individuals and organizations;
     (b) Establishing clear, technically
defensible, practicable and achievable recovery and restoration objectives;
     (c) Assessing the conditions in each
watershed to determine the quality of the existing environment, to identify the
causes for declines in habitat, fish and wildlife populations and water
quality, and to assist with the development of locally integrated action plans
for watersheds that will achieve agreed-upon protection and restoration
objectives;
     (d) Coordinating implementation of
integrated watershed action plans;
     (e) Monitoring and ensuring implementation
of the integrated watershed action plans using adaptive management to make
appropriate changes in action plans and goals as needed; and
     (f) Establishing funding priorities across
basins based on the value of programs and projects for watershed and habitat
recovery.
     (3) It is the policy of the State of
     (a) Voluntary programs initiated at the
local level to protect and enhance the quality and stability of watersheds are
a high priority of the state and should be encouraged;
     (b) State agencies are encouraged to
respond cooperatively to local watershed protection and enhancement efforts and
coordinate their respective activities with other state agencies and affected
local, regional, tribal and federal governments and private landowners to the
greatest degree practicable; and
     (c) State agencies responding to local
watershed protection and enhancement efforts are encouraged to foster local
watershed planning, protection and enhancement efforts before initiating
respective action within a watershed. [1999 c.1026 §4 (enacted in lieu of
541.347)]
     541.355 [1987 c.734 §2; 1995 c.187 §2; 1999 c.1026 §20;
repealed by 2001 c.841 §5]
     541.360
     (2)(a) The 11 voting members of the board
shall be knowledgeable about natural resource issues, represent all geographic
regions of this state and include at least one representative of a tribe. The
board shall consist of the following:
     (A) Each of the following boards or
commissions shall designate one member of their board or commission to serve on
the Oregon Watershed Enhancement Board:
     (i) The Environmental Quality Commission;
     (ii) The State Fish and Wildlife
Commission;
     (iii) The State Board of Forestry;
     (iv) The State Board of Agriculture; and
     (v) The Water Resources Commission; and
     (B) Six public members appointed by the
Governor and confirmed by the Senate in accordance with ORS 171.562 and
171.565. Each public member shall serve for a term of four years. A member
shall be eligible for reappointment, but no member shall serve more than two
consecutive terms.
     (b) In addition to the voting members, the
director of the agricultural extension service of
     (c) In addition to the voting and
nonvoting members designated in paragraphs (a) and (b) of this subsection,
representatives of the following federal agencies shall be invited to serve as
additional nonvoting members of the board:
     (A) A representative of the United States
Forest Service.
     (B) A representative of the United States
Bureau of Land Management.
     (C) A representative of the Natural
Resources Conservation Service of the United States Department of Agriculture.
     (D) A representative of the United States
Environmental Protection Agency.
     (E) A representative of the National
Marine Fisheries Service of the United States Department of Commerce.
     (3) The voting members of the board shall
select a chairperson from among the voting members of the board.
     (4) At least eight voting members of the
board must be present to take action to award grant funds under ORS 541.370. If
three or more voting members object to an award of grant funds, the board shall
reject the proposal and direct the applicant to revise the proposal to comply
with the requirements of ORS 541.397, 541.399 and 451.401 and resubmit the
proposal. [1987 c.734 §3; 1995 c.187 §3; 1999 c.1026 §8]
     541.362
Executive director of
     (2) The executive director shall receive a
salary as provided by law or, if not so provided, as prescribed by the
Governor.
     (3) In addition to salary, but subject to
any applicable law regulating travel and other expenses of state officers and
employees, the executive director shall be reimbursed for actual and necessary
travel and other expenses incurred by the executive director in the performance
of official duties.
     (4) Subject to any applicable provisions
of the State Personnel Relations Law, the executive director shall appoint all
subordinate officers and employees of the board, prescribe their duties and fix
their compensation. [1999 c.1026 §9]
     541.363
Authority of executive director to enter into interagency agreements. In addition to any other authority granted
to the executive director of the Oregon Watershed Enhancement Board, the
executive director, on behalf of the board, may enter into interagency
agreements necessary to carry out the duties and responsibilities of the board.
[1999 c.1026 §10]
     541.365
Conduct of watershed enhancement program; integration of geographic
information. (1) The Oregon
Watershed Enhancement Board shall conduct a watershed enhancement program to
benefit all users of the waters of this state. The board shall conduct the
program in a manner that:
     (a) Provides the greatest possible
opportunity for volunteer participation to achieve the goals of the program;
and
     (b) Coordinates the information, data and
data retrieval needs of the natural resource agencies of the state with the
     (2) In order to effectuate the program
described in this section, the board shall establish protocols, policies and
procedures necessary to integrate and organize geographic information and make
it available to persons and entities involved in implementation of the Oregon
Plan.
     (3) In working with the
     (a) Information received by the center is
formatted in a manner that results in an integrated geographic information
system that meets the needs of all local, state, regional, tribal and federal
entities involved in implementation of the Oregon Plan; and
     (b) The data are available to local, state
and federal agencies and to any person implementing activities under the Oregon
Plan.
     (4) The program developed under this
section shall include development and implementation, in coordination with the
natural resource agencies of the state, of a statewide monitoring program for
activities conducted under the Oregon Plan. [1987 c.734 §5; 2001 c.841 §3a;
2001 c.842 §1]
     541.368
Implementation of grant programs. In cooperation with other state, interstate and federal agencies,
tribes, local governments, watershed councils, soil and water conservation
districts, not-for-profit organizations and volunteer groups, the Oregon
Watershed Enhancement Board shall facilitate the implementation of the grant
programs established under ORS 541.351 to 541.415. [1999 c.1026 §6]
     541.370
Duties of board; grant program; advisory committees. (1) In carrying out the watershed
enhancement program, the Oregon Watershed Enhancement Board shall:
     (a) Coordinate the board’s funding of
enhancement projects with the activities of the Natural Resources Division
staff and other agencies, especially those agencies working together through a
system of coordinated resource management planning.
     (b) Use the expertise of the appropriate
state agency according to the type of enhancement project.
     (c) Provide educational and informational
materials to promote public awareness and involvement in the watershed
enhancement program.
     (d) Coordinate and provide for or arrange
for assistance in the activities of persons, agencies or political subdivisions
developing local watershed enhancement projects funded by the board.
     (e) Grant funds for the support of
watershed councils in assessing watershed conditions, developing action plans,
implementing projects and monitoring results and for the implementation of
watershed enhancement projects from such moneys as may be available to the
board therefor.
     (f) Develop and maintain a centralized
repository for information about the effects of watershed enhancement and
education projects.
     (g) Give priority to proposed watershed
enhancement projects receiving funding or assistance from other sources.
     (h) Identify gaps in research or available
information about watershed health and enhancement.
     (i) Cooperate with appropriate federal
entities to identify the needs and interests of the State of
     (j) Encourage the use of nonstructural
methods to enhance the riparian areas and associated uplands of
     (k) Determine criteria for utilizing the
private sector, both not-for-profit and for-profit organizations, to provide
landowners with technical assistance to help develop and implement conservation
easements and resource improvement projects.
     (2) In accordance with ORS 541.351 to
541.415, the Oregon Watershed Enhancement Board shall administer a watershed
improvement grant program using funds from the Watershed Improvement Grant Fund
established under ORS 541.397, from the Restoration and Protection Subaccount
established under ORS 541.377 and from the Flexible Incentives Account established
under ORS 541.381.
     (3) To aid and advise the board in the
performance of the functions of the board, the board may establish such
advisory and technical committees as the board considers necessary. These
committees may be continuing or temporary. The board shall determine the
representation, membership, terms and organization of the committees and shall
appoint their members. The chairperson is ex officio a member of each
committee. [1987 c.734 §6; 1995 c.187 §4; 1997 c.8 §8; 1999 c.59 §174; 1999 c.1026
§11; 2001 c.708 §15]
     541.371
Duties of board related to integrated watershed planning and management;
allocation of funds to local soil and water conservation districts and
watershed councils. (1) In
addition to the duties set forth in ORS 541.370, in carrying out the provisions
of ORS 541.351 to 541.415, the Oregon Watershed Enhancement Board:
     (a) Shall establish a framework for a
locally based integrated watershed planning and management process designed to
assist watershed councils and soil and water conservation districts and to
support the efforts of watershed councils and soil and water conservation
districts to work within the requirements of state and federal laws without
duplication of planning effort. The framework shall include all of the following:
     (A) Guidance and protocols for watershed
assessments to encourage consistent assessment methods across all watersheds
and agencies, including assessment of cumulative effects. At a minimum, such
guidance shall address the following plan components:
     (i) A description of the watershed;
     (ii) An assessment of current watershed
conditions and the distribution and condition of habitat; and
     (iii) Identification of conditions
preventing watershed restoration.
     (B) Guidance on how to prepare watershed
action plans. At a minimum, such guidance shall address the following plan
components:
     (i) Applicable water quality standards and
native salmonid and habitat recovery objectives;
     (ii) Proposed measures needed to restore
watershed health;
     (iii) Timeline and budget estimates for
implementation of action measures in priority order; and
     (iv) Monitoring and evaluation systems.
     (b) May review plans, actions and rules of
state agencies pertaining to restoration and protection grants for the purpose
of coordinating the boardÂ’s grant program with other ongoing grant programs.
     (c) Shall establish statewide and regional
goals and priorities that shall become the basis for funding decisions by the
board. In adopting such goals and priorities, the board shall adopt priorities
for grant funding based on the Oregon Plan and on measurable goals. In carrying
out this function, the board shall consider local economic and social impacts
among the criteria.
     (d) Shall support development and
implementation of a system that enables standardized collection, management and
reporting of natural resources information in
     (e) Shall promote the availability of
information on the effects of watershed enhancement.
     (f) May not have regulatory or enforcement
authority except for the fiscal responsibilities described in ORS 541.351 to
541.415.
     (2) In addition to the uses of grant funds
described in ORS 541.399, in allocating grant funds under ORS 541.351 to
541.415 that are derived from the Restoration and Protection Subaccount, the
board:
     (a) May allocate funds to be used for
staff for soil and water conservation districts and watershed councils.
     (b) May award funds for a specific project
or program application or for implementation of an approved action plan.
     (3) To the maximum extent practicable,
soil and water conservation districts and watershed councils shall share
technical staff. [1999 c.1026 §12]
     541.372
Authority of board to accept moneys; disposition. (1) The Oregon Watershed Enhancement Board
may accept moneys from any public or private source, including the federal
government, made available for the purpose of encouraging, promoting and
securing watershed enhancement or to facilitate and assist in carrying out the
functions of the board, including administrative expenses, as provided by law.
     (2) All moneys received by the board under
this section shall be deposited in the State Treasury and kept in separate
accounts in the General Fund designated according to the purposes for which
moneys were made available.
     (3) Notwithstanding the provisions of ORS
291.238, all moneys received under this section are continuously appropriated
to the board for the purpose for which they were made available and shall be
expended in accordance with the terms and conditions upon which they were made
available. [1991 c.657 §2]
     541.373
Authority of Governor to accept moneys; disposition. (1) The Governor may receive gifts, grants,
bequests, endowments and donations of moneys from public and private sources,
including the federal government, for the purpose of implementing the Oregon
Plan, as described in ORS 541.405.
     (2) The Governor shall deposit moneys
received under this section in the State Treasury to the credit of the
Watershed Improvement Operating Fund established under ORS 541.379 to be used
for the purposes specified in ORS 541.379 (1)(b). [2003 c.452 §3]
     541.375
Watershed enhancement projects; grant program; criteria for approval;
acquisition of interest in land or water. (1) Any person, tribe, watershed council, soil and water conservation
district, community college, state institution of higher education, independent
not-for-profit institution of higher education or political subdivision of this
state that is not a state agency may submit a request for funding for or for
advice and assistance in developing a project under ORS 541.351 to 541.415. A
state agency or federal agency may apply for funding under this section only as
a coapplicant with one of the other eligible entities.
     (2) The request under subsection (1) of
this section shall be filed in the manner, be in the form and contain the
information required by the Oregon Watershed Enhancement Board.
     (3) The board may establish a grant
program through soil and water conservation districts organized under ORS
568.210 to 568.808 and 568.900 to 568.933 that provides funds for local
implementation of watershed enhancement, education and monitoring efforts.
     (4) The board may fund implementation of
action plans based on a watershed assessment that addresses water quality and
aquatic resources of the watershed.
     (5) A project may use mechanical,
vegetative or structural methods including, but not limited to, management
techniques, erosion control, streambank stabilization, forest, range or crop
land treatment, site specific in-stream structures, acquisitions or leases of
land or water rights from a willing owner, watershed assessments, landowner
incentives and action plan development, implementation and monitoring.
     (6) The actions of a soil and water
conservation district carried out pursuant to a grant program established by
the board under subsection (3) of this section shall not be subject to review
and approval by the Natural Resources Division under ORS 561.400.
     (7) The Oregon Watershed Enhancement Board
shall approve for funding only those projects that:
     (a) Are based on sound principles of
watershed management;
     (b) Use methods most adapted to the project
locale;
     (c) Meet the criteria established by the
board under ORS 541.396; and
     (d) Contribute to either:
     (A) The improved health of a stream, lake
or reservoir and toward the achievement of standards that satisfy the
requirements of the Federal Water Pollution Control Act (P.L. 92-500), as
amended; or
     (B) The restoration of wildlife, habitat
or native fish.
     (8) The Oregon Watershed Enhancement Board
may fund a project for the restoration of a riparian area or associated upland
that is carried out in conjunction with a storage structure. However, the board
shall not approve funding for any proposed project that consists solely of
construction of a storage structure for out-of-stream use.
     (9) The Oregon Watershed Enhancement Board
may fund projects involving the acquisition of lands and waters, or interests
therein from willing sellers, for the purpose of maintaining or restoring
watersheds, habitat and native salmonids. Interests in these lands and waters
may be held by local, state and federal agencies, tribes, not-for-profit land
conservation organizations and trusts, state institutions of higher education,
independent not-for-profit institutions of higher education or political
subdivisions of this state, as long as the entity continues to use the land or
water for the purposes specified under section 4b, Article XV of the Oregon
Constitution.
     (10) If the Oregon Watershed Enhancement
Board approves funding for a project under this section that requires the
applicant to obtain a permit or license from a local, state or federal agency
or governing body, the board shall not disburse any funds to the applicant
until the applicant presents evidence that the agency has granted the permit or
license. [1987 c.734 §7; 1989 c.171 §71; 1995 c.187 §5; 1997 c.7 §8; 1999
c.1026 §13]
     541.376
Title restrictions on land purchased through grant agreement. (1) Land purchased through a grant agreement
with the Oregon Watershed Enhancement Board shall be subject to title
restrictions that give the board the authority to approve, approve with
conditions or deny the sale or transfer of the land. Specifically, the board
may require conditions on the sale or transfer to:
     (a) Ensure consistency with the intent of
the original grant;
     (b) Ensure the ability of the party
receiving the land through the sale or transfer to carry out the obligations
under the grant agreement; and
     (c) Address the disposition of proceeds
from the sale or transfer, including any provisions for repayment, with
interest, of any grant funds.
     (2) The board may not allow a sale or
transfer that results in any profit to any person.
     (3) The board shall, by rule, define “profit”
for the purpose of not allowing sales or transfers and shall specify the
process and criteria that the board will use in considering whether to approve,
approve with conditions or deny a sale or transfer. [2001 c.645 §2]
     541.377
Parks and Natural Resources Fund; sources; subaccounts; uses of subaccounts. (1) There is established in the State
Treasury, separate and distinct from the General Fund, the Parks and Natural
Resources Fund to be administered by the Oregon Department of Administrative
Services. All moneys transferred from the State Lottery Fund and all other
moneys authorized to be transferred to the Parks and Natural Resources Fund
from whatever source are appropriated continuously for the public purposes of
restoring and protecting OregonÂ’s parks, beaches, watersheds and critical fish
and wildlife habitats. Fifteen percent of the net proceeds from the Oregon
State Lottery shall be deposited in the Parks and Natural Resources Fund
created under this subsection.
     (2) Of the moneys deposited into the Parks
and Natural Resources Fund from the Oregon State Lottery, 50 percent shall be
deposited into a Parks Subaccount for the public purpose of financing the
protection, repair, operation, creation and development of state parks, ocean
shores, public beach access areas, historic sites and recreation areas. The
State Treasurer may invest and reinvest the moneys in the Parks Subaccount as
provided in ORS 293.701 to 293.820. Interest from the moneys deposited in the
subaccount and earnings from investment of the moneys in the subaccount shall
be credited to the subaccount.
     (3) All moneys in the Parks Subaccount for
financing the protection, repair, operation, creation and development of state
parks, ocean shores, public beach access areas, historic sites and recreation
areas shall be allocated to the State Parks and Recreation Department. Such
moneys shall be deposited into the State Parks and Recreation Department Fund
established under ORS 390.134 and shall be used for the following purposes:
     (a) Maintaining, constructing, improving,
developing, managing and operating state park and recreation facilities,
programs and areas.
     (b) Acquiring real property, or interest
therein, deemed necessary for the creation and operation of state parks, ocean
shores, public beach access areas, recreation areas and historic sites or
because of natural, scenic, cultural, historic and recreational values.
     (c) Operating grant programs for local
government entities deemed necessary to accomplish the public purposes of the
Parks and Natural Resources Fund.
     (4) Of the moneys deposited into the Parks
and Natural Resources Fund from the Oregon State Lottery, 50 percent shall be
deposited into a Restoration and Protection Subaccount for the public purpose
of financing the restoration and protection of native salmonid populations,
watersheds, fish and wildlife habitats and water quality in
     (5) The moneys in the Restoration and
Protection Subaccount for financing the restoration and protection of native
salmonid populations, watersheds, fish and wildlife habitats and water quality
shall be administered by the Oregon Watershed Enhancement Board and shall be
used for all of the following purposes:
     (a) Restoration and protection of
watersheds and fish, wildlife, riparian and native species and for habitat
conservation activities, including but not limited to planning, coordination,
assessment, implementation, restoration, inventory, information management and
monitoring activities.
     (b) Watershed and riparian education
efforts.
     (c) Development and implementation of
watershed and water quality enhancement plans.
     (d) Entering into agreements to obtain
from willing owners determinate interests in lands and waters that protect
watershed resources, including but not limited to fee simple interests in land,
leases of land or water or conservation easements.
     (e) Enforcement of fish and wildlife and
habitat protection laws and regulations.
     (6) Of the moneys deposited into the
Restoration and Protection Subaccount from the Oregon State Lottery, the Oregon
Watershed Enhancement Board shall deposit:
     (a) Sixty-five percent of the funds into
the Watershed Improvement Grant Fund established under ORS 541.397 to be used
only for funding capital expenditure projects; and
     (b) Thirty-five percent of the funds into
the Watershed Improvement Operating Fund established under ORS 541.379 to be
used for the purposes set forth in ORS 541.379 (1).
     (7) The Legislative Assembly shall not
limit expenditures from the Parks and Natural Resources Fund. The Legislative
Assembly may appropriate other moneys or revenues to the Parks and Natural
Resources Fund. [1999 c.1026 §7; 2003 c.14 §346]
     541.378
Restoration and Protection Research Fund; establishment; sources; uses. (1) The Restoration and Protection Research
Fund is established separate and distinct from the General Fund. Interest
earned by the Restoration and Protection Research Fund shall be credited to the
fund. Moneys credited to the fund are continuously appropriated to the Oregon
Watershed Enhancement Board for the purpose of funding research and other
activities related to the restoration and protection of native salmonid
populations, watersheds, fish and wildlife habitats and water quality,
including but not limited to research, monitoring, evaluation and assessment
related to the Oregon Plan.
     (2) All moneys received by the Oregon
Watershed Enhancement Board from interest earned on the Restoration and
Protection Subaccount of the Parks and Natural Resources Fund created under ORS
541.377, from the Watershed Improvement Operating Fund created under ORS
541.379 and from the Watershed Improvement Grant Fund created under ORS 541.397
shall be credited to the Restoration and Protection Research Fund. Moneys
credited to the fund and not expended by the completion of a biennium shall
remain in the fund. [1999 c.1026 §7a; 2007 c.217 §6]
     541.379
Watershed Improvement Operating Fund; establishment; sources; uses. (1) The Watershed Improvement Operating Fund
is established in the State Treasury separate and distinct from the General
Fund. The Watershed Improvement Operating Fund shall consist of all moneys
placed in the fund as provided by law. All moneys in the Watershed Improvement
Operating Fund are continuously appropriated for the following purposes:
     (a) Operational activities of the Oregon
Watershed Enhancement Board;
     (b) Activities of state and local agencies
and other public entities related to the restoration and protection of native
salmonid populations, watersheds, fish and wildlife habitats and water quality,
including but not limited to activities under the Oregon Plan;
     (c) Watershed improvement grants described
in ORS 541.399 and 541.401 that are not capital expenditures; and
     (d) Watershed improvement grants described
in ORS 541.399 and 541.401 that are capital expenditures.
     (2) Interest accruing to the Watershed
Improvement Operating Fund shall be credited to the Restoration and Protection
Research Fund created under ORS 541.378. Funds appropriated and not expended by
the completion of a biennium shall remain in the Watershed Improvement
Operating Fund.
     (3) The Oregon Watershed Enhancement Board
created under ORS 541.360 shall administer the Watershed Improvement Operating
Fund.
     (4) In addition to the funds made
available for the purposes of ORS 541.351 to 541.415 under ORS 541.399, the
board also may accept gifts and grants from any public or private source for
the purposes described in subsection (1) of this section. [1999 c.1026 §7b]
     541.380 [1987 c.734 §8; 1997 c.7 §9; 1999 c.270 §5;
1999 c.1026 §14; 2001 c.708 §16; renumbered 541.396 in 2001]
     541.381
Flexible Incentives Account; creation; sources; uses. (1) There is created a Flexible Incentives
Account in the State Treasury, separate and distinct from the General Fund.
Interest earned by the account shall be credited to the account. The moneys in
the account are continuously appropriated to the Oregon Watershed Enhancement
Board for the purposes specified in this section.
     (2) The Oregon Watershed Enhancement Board
shall use the Flexible Incentives Account to assist landowners in the
implementation of strategies intended to protect and restore native species of
fish, wildlife and plants and to maintain long-term ecological health,
diversity and productivity in a manner consistent with statewide, regional or
local conservation plans. The board shall seek to fund those strategies that
offer the greatest public benefit at the lowest cost. The account may also be
used to fund activities to achieve the purposes of stewardship agreements
entered into under ORS 541.423 between a landowner, or a representative of the
landowner, and the State Department of Agriculture or the State Board of
Forestry.
     (3) The account shall consist of moneys
appropriated to it by the Legislative Assembly and moneys provided to the board
by federal, state, regional or local governments for the purposes specified in
this section. The board may accept private moneys in the form of gifts, grants
and bequests for deposit into the account. [2001 c.708 §13; 2007 c.608 §3]
     541.382 [Formerly 541.385; repealed by 1999 c.1026 §29]
     541.384
Watershed management program; project funding; high priority watersheds. (1) The Oregon Watershed Enhancement Board
shall initiate a watershed management program that relies on the establishment
of voluntary local watershed councils comprised of residents, state and federal
agency staff, members of federally recognized Indian tribes and other citizens
interested in the management of watersheds and that provides for the
development by these partnerships of local plans that may include but are not
limited to the assessment of the watershed condition, the creation of a
watershed action plan and a strategy for implementing the action plan. The
program shall focus state resources on the achievement of sustainable watershed
health, including funding major projects that contribute to the overall health
of a watershed. In addition, the board shall fund smaller, voluntary projects
for watershed enhancement and for restoration of riparian areas and associated
uplands.
     (2) In carrying out the program under
subsection (1) of this section, the board may designate high priority
watersheds. However, the designation of high priority watersheds is intended
only as a management tool for state agencies in allocating resources to support
coordinated watershed management activities. Such designation is not intended
to establish or confer any right, duty or authority, nor to have any legal
significance beyond that described in this section, nor to discourage or
prohibit the formation and function of voluntary local watershed councils in
other watersheds.
     (3) The elected officials representing the
appropriate local government groups containing or within a proposed watershed
council area shall determine whether to participate in the voluntary formation
of a local watershed council. When multiple local government groups are
involved within an area that would be served by a watershed council, the
affected local government groups shall together determine their respective
roles and the appropriate method for appointing members to a local watershed
council. [1993 c.601 §2; 1995 c.187 §6]
     541.385 [1987 c.734 §4; renumbered 541.382 in 1995]
     541.388
Voluntary local watershed councils; protection against liability. (1) Local government groups are encouraged
to form voluntary local watershed councils in accordance with the guidelines
set forth in subsection (2) of this section. The Oregon Watershed Enhancement
Board may work cooperatively with any local watershed council that may be
formed. Requests from local watershed councils for state assistance shall be
evaluated on the basis of whether the requesting organization reflects the
interests of the affected watershed and the potential to protect and enhance
the quality of the watershed in question.
     (2) Local watershed councils formed under
subsection (1) of this section shall consist of a majority of local residents,
including local officials. A watershed council may be a new or existing
organization as long as the council represents a balance of interested and
affected persons within the watershed and assures a high level of citizen
involvement in the development and implementation of a watershed action
program. A local watershed council may include representatives of local
government, representatives of nongovernment organizations and private
citizens, including but not limited to:
     (a) Representatives of local and regional
boards, commissions, districts and agencies;
     (b) Representatives of federally
recognized Indian tribes;
     (c) Public interest group representatives;
     (d) Private landowners;
     (e) Industry representatives;
     (f) Members of academic, scientific and
professional communities; and
     (g) Representatives of state and federal
agencies.
     (3) If more than one watershed council
exists in a county, each watershed council shall periodically report the
activities of the council to the county governing body.
     (4) The Oregon Department of
Administrative Services may provide to voluntary local watershed councils and
their officers, employees and agents acting within the scope of their
employment or duties, protection against liability as part of the insurance
provided to the Oregon Watershed Enhancement Board pursuant to ORS 278.120 to
278.215. The Oregon Watershed Enhancement Board, after consulting the Oregon
Department of Administrative Services and local watershed councils, shall
establish guidelines for liability coverage and limits of coverage. The Oregon
Department of Administrative Services shall determine any additional
contributions to be apportioned to the Oregon Watershed Enhancement Board for
extending insurance to voluntary local watershed councils, and the Oregon
Watershed Enhancement Board shall pay the assessments from such moneys as may
be available for those assessments. [1993 c.601 §3; 1995 c.187 §7; 1999 c.300 §1]
     541.390
Duties of Natural Resources Division. In addition to the duties conferred on the Natural Resources Division
of the State Department of Agriculture under ORS 561.400 and 568.210 to 568.808
and 568.900 to 568.933, the division shall:
     (1) In cooperation with the Oregon
Watershed Enhancement Board, provide appropriate personnel who, under the
direction of the board, shall:
     (a) Serve as community advisors to
cooperatively develop watershed enhancement projects with volunteers; and
     (b) Cooperatively evaluate watershed
enhancement projects with those responsible for project implementation.
     (2) Provide technical assistance to
individuals responsible for implementation of a watershed enhancement project.
     (3) Work with the Oregon Watershed Enhancement
Board to coordinate the implementation of enhancement projects with the
activities of other agencies, including but not limited to, those state and
federal agencies participating in coordinated resource management planning. [1987
c.734 §9; 2001 c.104 §228]
     541.392
Report to Legislative Assembly.
(1) The Oregon Watershed Enhancement Board shall report biennially to the
Legislative Assembly on the implementation of the management program under ORS
541.384 and grants awarded under ORS 541.399. The report shall include but need
not be limited to:
     (a) An explanation of the effectiveness
and workability of the partnership process described in ORS 541.384;
     (b) A description of any modifications to
the process that have been instituted;
     (c) Recommendations concerning the need
for future legislative action; and
     (d) Information about the use of moneys
received by and distributed by the board under section 4b, Article XV of the
Oregon Constitution.
     (2) The board shall include with each
report under subsection (1) of this section a copy of each audit completed
pursuant to section 4c, Article XV of the Oregon Constitution. [Formerly
541.400; 1999 c.1026 §15]
     541.395
State agency reports to be provided to board. In order to assist the Oregon Watershed Enhancement Board in
developing and maintaining a centralized repository under ORS 541.370, the
following agencies shall provide the board with a copy of any report produced
by the agency that is related to enhancement or restoration of riparian areas
or associated uplands:
     (1) The Department of Environmental
Quality.
     (2) The State Department of Fish and
Wildlife.
     (3) The Water Resources Department.
     (4) The State Forestry Department.
     (5) The State Department of Agriculture.
     (6) The agricultural extension service of
     541.396
Rules. (1) In accordance
with the applicable provisions of ORS chapter 183, the Oregon Watershed
Enhancement Board shall adopt rules and standards to carry out the watershed
enhancement program.
     (2) The rules and standards adopted by the
board under subsection (1) of this section shall include, but need not be
limited to:
     (a) Grant application requirements and
review and selection criteria for projects to receive assistance or funding
from the board, including funding from the Flexible Incentives Account
established under ORS 541.381.
     (b) Criteria for distributing to those
entities specified in ORS 541.375 those funds appropriated to the board for
funding projects. The criteria shall include a process for periodic review of
the distribution by the appropriate legislative committee.
     (c) Conditions for approval by the board
for implementation of a project including but not limited to:
     (A) Provisions satisfactory to the board
for inspection and evaluation of the implementation of a project including all
necessary agreements to allow the board and employees of any cooperating agency
providing staff services for the board access to the project area;
     (B) Provisions satisfactory to the board
for controlling the expenditure of and accounting for any funds granted by the
board for implementation of the project;
     (C) An agreement that those initiating the
project will submit all pertinent information and research gained from the
project to the board for inclusion in the centralized repository established by
the board; and
     (D) Provisions for the continued
maintenance of the portion of the riparian area or associated uplands enhanced
by the project. [Formerly 541.380; 2007 c.354 §19]
(Watershed
Improvement Grant Fund)
     541.397
Watershed Improvement Grant Fund; creation; sources; uses. (1) The Watershed Improvement Grant Fund is
established separate and distinct from the General Fund. The Watershed
Improvement Grant Fund shall consist of all moneys placed in the fund as
provided by law. All moneys in the Watershed Improvement Grant Fund are
continuously appropriated to fund watershed improvement grants described in ORS
541.399 and 541.401. Interest accruing to the Watershed Improvement Grant Fund
shall be credited to the Restoration and Protection Research Fund created under
ORS 541.378. Funds appropriated and not expended by the completion of a
biennium shall remain in the Watershed Improvement Grant Fund.
     (2) The Oregon Watershed Enhancement Board
created under ORS 541.360 shall administer the Watershed Improvement Grant Fund
and provide grants from the fund for the purposes described in ORS 541.399 and
541.401 in the manner described under ORS 541.399 and 541.401.
     (3) In addition to the funds made available
for the purposes of ORS 541.351 to 541.415 under ORS 541.399, the board also
may accept gifts and grants from any public or private source for the purpose
of providing the grants described in subsection (2) of this section. [1997 c.8 §4;
1999 c.1026 §15b]
     541.399
Purpose of grants from Watershed Improvement Grant Fund. The purpose of the Watershed Improvement
Grant Fund is to provide funding for grants for:
     (1) Expenses of the Independent
Multidisciplinary Science Team established under ORS 541.409; and
     (2) The following:
     (a) Watershed and riparian habitat
conservation activities, including but not limited to planning, coordination,
assessment, implementation and monitoring activities.
     (b) Watershed and riparian education
efforts, including peer education about stream processes for landowners.
     (c) The implementation of watershed
enhancement plans developed by watershed councils.
     (d) Water quality improvement plans
approved by the State Department of Agriculture or the Department of
Environmental Quality.
     (e) Entering into an agreement to obtain
from a willing owner a determinate interest in lands and waters that protect
watershed resources, including but not limited to fee simple interests in land,
leases of land and conservation easements.
     (f) Activities to implement the provisions
of section 4b, Article XV of the Oregon Constitution. [1997 c.8 §5; 1999 c.1026
§16]
     541.400 [1993 c.601 §4; 1995 c.187 §8; renumbered
541.392 in 1997]
     541.401
Criteria for project receiving moneys from Watershed Improvement Grant Fund. The Oregon Watershed Enhancement Board may
award funds from the Watershed Improvement Grant Fund only for the purposes
listed in ORS 541.399. Any project that the board approves for funding shall
comply with the following criteria:
     (1) There is a matching contribution from
other program funds, in-kind services or other investment in the project;
     (2) The project to be funded is reviewed
and approved by a technical committee in accordance with ORS 541.370 (3); and
     (3) The project provides a public benefit
through improved:
     (a) Water quality;
     (b) Fish or wildlife habitat; or
     (c) Public information or education on a
watershed function. [1997 c.8 §6]
     541.403 [1997 c.8 §7; repealed by 1999 c.1026 §29]
(The
     541.405
     (a) “Listed unit” means one population or
a group of populations of a species, such as an evolutionarily significant
unit, that has been listed as threatened or endangered under the federal
Endangered Species Act of 1973 (P.L. 93-205), as amended, or under ORS 496.171
to 496.192.
     (b) “Native fish” means a fish indigenous
to
     (c) “Naturally produced” means a fish that
reproduces and completes its full life cycle in its natural habitat. Naturally
produced progeny of hatchery fish are naturally produced.
     (d) “Population” means a group of fish
that:
     (A) Originates and reproduces in a
particular area at a particular time;
     (B) Does not interbreed to any substantial
degree with any other group reproducing in a different area or in the same area
at a different time; and
     (C) Is composed of naturally produced
fish, hatchery produced fish or a combination of both.
     (e) “Recovery” means that a proportion of
the constituent populations of naturally produced native fish belonging to a
listed unit are sufficiently abundant, productive and diverse in life histories
and distribution such that the listed unit as a whole is likely to be
self-sustaining into the foreseeable future.
     (f) “Self-sustaining” means having a sufficient
proportion and distribution of constituent populations:
     (A) Likely to survive prolonged periods of
habitat, oceanic, climatic and environmental conditions that are detrimental to
a population; and
     (B) Having habitat of sufficient quality
and quantity likely to provide survival rates adequate to maintain associated
ecological, cultural and economic benefits.
     (2) The Legislative Assembly finds that
the efforts of many Oregonians have resulted in the creation of the Oregon
Plan, and recognizes that the Oregon Plan is guided by the following mission
and goals:
     (a) The mission of the Oregon Plan is to
restore the watersheds of
     (b) The goals of the Oregon Plan that
guide the citizens of
     (A) Establishment and maintenance of an
infrastructure that provides long-term continuity in leadership, direction and
oversight of watershed restoration and species recovery.
     (B) Continued opportunity for a wide range
of natural resource uses that are consistent with watershed restoration and
species recovery.
     (C) Implementation of existing laws and
environmental regulations to achieve the mission before enacting new laws and
environmental regulations.
     (D) Development and maintenance of funding
for programs to protect and restore watersheds.
     (E) Development of expectations for the
sustainability of interrelated natural resources that accurately reflect a
scientific understanding of the physical and biological constraints of the
ecosystem.
     (F) Enhancement of habitat available to
support healthy populations of fish and wildlife throughout the state.
     (G) Production of populations of
threatened or endangered species to achieve levels of natural production
consistent with overall restoration goals.
     (H) Establishment of a science-based
system that supports evaluation of the Oregon Plan and provides a basis for
making appropriate future changes to management programs.
     (I) Coordination of activities and
programs among federal, state and local governments and other entities.
     (J) Use of voluntary and collaborative
processes to achieve the mission of the Oregon Plan whenever possible.
     (3) The Oregon Plan is a comprehensive
program for the protection and recovery of species and for the restoration of
watersheds throughout this state. The Oregon Plan combines the regulatory and
other actions of state and federal agencies and local governments with
voluntary watershed restoration by private landowners and others. The Oregon
Plan includes, but is not limited to:
     (a) Programs and policies found in the
following statutes:
     (A) ORS 196.600 to 196.905;
     (B) ORS chapter 197;
     (C) ORS chapter 274;
     (D) ORS chapter 366;
     (E) ORS chapter 390;
     (F) ORS chapters 465, 466, 468 and 468B;
     (G) ORS 469.300 to 469.563, 469.590 to
469.619, 469.930 and 469.992;
     (H) ORS chapter 477;
     (I) ORS chapters 496, 497, 498, 501, 506,
507, 508, 509 and 511;
     (J) ORS 517.702 to 517.989;
     (K) ORS 527.310 to 527.370, 527.610 to
527.770, 527.990 (1) and 527.992;
     (L) ORS chapter 530;
     (M) ORS chapters 536 to 543A;
     (N) ORS 543A.005 to 543A.415; and
     (O) ORS 568.210 to 568.808 and 568.900 to
568.933;
     (b) Commitments of state agencies in the
form of measures;
     (c) Actions of local governments and
federal agencies taken in coordination with the state and consistent with the
purposes of the Oregon Plan;
     (d) Voluntary activities undertaken by
watershed councils, soil and water conservation districts, landowners and other
entities and consistent with the purposes of the Oregon Plan;
     (e) Scientific review by the Independent
Multidisciplinary Science Team, and others, of the activities performed under
the Oregon Plan;
     (f) Programs and activities identified to
address a coordinated approach for the recovery of native salmonid populations
within
     (g) The guidance statement and framework
provided by the healthy streams partnership developed to provide cooperative
solutions and voluntary approaches to improving the water quality of streams
and to achieve healthy streams throughout Oregon; and
     (h) Programs for the restoration and
enhancement of multiple species and of the habitat of those species.
     (4) The Oregon Plan is subject to
modification and alteration to enhance program efforts consistent with
appropriate guidance principles developed by the Legislative Assembly.
     (5) The purpose of the Oregon Plan is to
enhance, restore and protect
     (6) The Oregon Plan shall:
     (a) Provide for coordination of local,
state, federal and tribal agency responsibilities and authorities for native
salmonid, watershed and habitat restoration throughout
     (b) Rely on watershed councils and soil
and water conservation districts, which are directed to cooperate in the
development of local watershed plans that assess watershed conditions and
create watershed action plans and strategies for the implementation of the
local watershed action plans.
     (c) Focus state policies and resources on
achieving native salmonid recovery and watershed restoration while sustaining a
healthy economy and environment.
     (7) The Oregon Plan shall focus on aiding
the recovery of species listed as threatened or endangered under the federal
Endangered Species Act or under ORS 496.171 to 496.192 until such time as
recovery is achieved. Once recovery has been achieved for any species listed as
threatened or endangered under ORS 496.171 to 496.192, the Governor shall
direct the State Fish and Wildlife Commission to begin rulemaking, as provided
in ORS 496.176, to remove the species from the list created pursuant to ORS
496.172. Upon recovery, adequate measures pursuant to the Oregon Plan shall
remain in place, as necessary, to help a species avoid a return to threatened
or endangered status.
     (8)(a) The Governor, or the Governor’s designee,
shall negotiate with federal officials to obtain assurances to the effect that
compliance with the Oregon Plan and the programs and policies found in the
statutes listed in subsection (3) of this section and implementation of related
state programs and policies will satisfy federal requirements imposed by the
federal Endangered Species Act. Specifically, the Governor, or the GovernorÂ’s
designee, shall seek an exemption to the requirements of 16 U.S.C. 1533(d),
shall seek to enter into a cooperative agreement pursuant to 16 U.S.C. 1535(c)
or shall seek to obtain a permit that allows the incidental taking of species
under 16 U.S.C. 1539(a).
     (b) State agencies responsible for
implementing the programs and policies found in the statutes listed in subsection
(3) of this section shall work with the Governor, or the GovernorÂ’s designee,
and with federal officials to provide the information necessary to obtain the
exemptions, agreement or permit specified in paragraph (a) of this subsection. [1997
c.7 §1; 1999 c.270 §3; 1999 c.1026 §5; 2001 c.841 §4; 2003 c.452 §1; 2007 c.354
§20]
     541.407
Healthy Streams Partnership; members; duties. (1) The Governor, the President of the Senate and the Speaker of the
House of Representatives shall appoint a statewide Healthy Streams Partnership.
The Healthy Streams Partnership shall consist of 21 persons. Membership shall
include:
     (a) Seven members who represent watershed
groups or soil and water conservation districts;
     (b) One member who represents tribal
governments and who resides east of the summit of the Cascade Mountain Range;
     (c) One member who represents tribal
governments and who resides west of the summit of the Cascade Mountain Range;
     (d) Two members who represent
environmental advocacy or wildlife conservation groups; and
     (e) Ten members who represent different
in-stream and out-of-stream beneficial uses of water, including but not limited
to agricultural, recreational, industrial, municipal and silvicultural uses.
     (2) The members of the Healthy Streams
Partnership shall serve for four years and may be reappointed for no more than
two consecutive terms, but any person may be appointed again to the partnership
after an interval of four years.
     (3) The Healthy Streams Partnership shall
elect a chairperson and vice chairperson for a term of one year and shall
determine the duties of the officers.
     (4) A majority of the members of the
Healthy Streams Partnership constitutes a quorum for the transaction of
business. The Healthy Streams Partnership shall operate in accordance with
procedures adopted by the members.
     (5) The office of the Governor shall
provide administrative support and services to the Healthy Streams Partnership.
     (6) The duties of the Healthy Streams
Partnership shall include but need not be limited to:
     (a) Providing information to the
appropriate legislative committee about the implementation of the programs from
a local and regional perspective; and
     (b) Recommending changes necessary to
facilitate more efficient implementation of the initiative and other stream
improvement programs at the local level.
     (7) Members of the Healthy Streams
Partnership shall not be compensated for their services but are eligible for
reimbursement of travel and other reasonable expenses in accordance with ORS
292.495. [1997 c.7 §4; 1999 c.244 §1; 1999 c.270 §6; 1999 c.1026 §21; 2007
c.354 §21]
     541.409
Independent Multidisciplinary Science Team; duties; agency response to science
team recommendations. (1)
There is created an Independent Multidisciplinary Science Team consisting of up
to seven scientists with recognized expertise in fisheries, artificial
propagation, stream ecology, forestry, range, watershed and agricultural
management. The Governor, the President of the Senate and the Speaker of the
House of Representatives shall jointly appoint the Independent
Multidisciplinary Science Team. The decision to appoint a member of the team
shall be a unanimous decision by the appointing authorities. The members of the
Independent Multidisciplinary Science Team shall serve for four years and may
be reappointed for a subsequent term. The team shall be governed by generally
accepted guidelines and practices governing the activities of independent
science boards such as the National Academy of Sciences.
     (2) The Independent Multidisciplinary
Science Team shall:
     (a) Review implementation of the Oregon
Plan and other programs for achieving healthy streams as described in ORS
541.405.
     (b) Prepare and submit to the Governor,
the Legislative Assembly and the public an annual report on the implementation
of the Oregon Plan, including any recommendations for changes or adjustments to
the initiative.
     (c) Serve as an independent scientific
peer review panel to the state agencies responsible for developing and
implementing the Oregon Plan and other salmon or stream enhancement programs
throughout this state.
     (d) Report regularly to the appropriate
legislative committee concerning the duties described under this subsection and
other requests by the committee.
     (3) If the Independent Multidisciplinary
Science Team submits suggestions to an agency responsible for implementing a
portion of the Oregon Plan, the agency shall respond in writing to the team,
explaining how the agency intends to implement the suggestion or why the agency
does not implement the suggestion. The team shall include any agency responses
in its report under subsection (2)(b) of this section.
     (4) Members of the Independent
Multidisciplinary Science Team shall be compensated for their services and are
eligible for reimbursement of travel and other reasonable expenses in
accordance with ORS 292.495.
     (5) Compensation for members of the
Independent Multidisciplinary Science Team shall be determined by the
appointing authorities.
     (6) The office of the Governor shall
provide administrative support and services to the Independent
Multidisciplinary Science Team. [1997 c.7 §5; 1999 c.270 §7; 1999 c.1026 §22;
2007 c.354 §22]
     541.410 [Renumbered 541.430 in 1997]
     541.411
Responsibilities of state agency participating in
     (1) Upon request of any person who
believes the personÂ’s private property rights may be adversely affected by the
Oregon Plan, provide the person with written information about the agencyÂ’s
dispute resolution services available pursuant to ORS 183.502.
     (2) Report to the appropriate legislative
committee any dispute resolution services requested under this section, and the
outcome of such dispute resolution. [1997 c.7 §10; 1999 c.270 §8; 2007 c.354 §23]
     541.413
Agency report to legislative committee prior to adjustment of expenditure
limitation or additional funding related to
     541.415
     (1) The state agency that authorizes or
funds the action:
     (a) Determines that the action is
consistent with the Oregon Plan and is in compliance with applicable state
laws; and
     (b) Recommends to the Attorney General
that the state participate in such legal challenge; and
     (2) The Attorney General, after consulting
with the Governor, the President of the Senate and the Speaker of the House of
Representatives, determines that such participation is in the best strategic
interest of the state. [1999 c.1026 §17]
     541.420
     (a) A status report on watershed and key
habitat conditions in the drainage basin based on available information;
     (b) An assessment of data and information
needs deemed critical to monitoring and evaluating watershed and habitat
enhancement programs and efforts;
     (c) An overview of state agency programs
addressing watershed conditions;
     (d) An overview of voluntary restoration
activities addressing watershed conditions;
     (e) A summary of investments made by the
board from funds received under section 4b, Article XV of the Oregon
Constitution, and all other sources; and
     (f) The recommendations of the board for
enhancing the effectiveness of Oregon Plan implementation in each drainage
basin.
     (2) In order to provide the board with the
information necessary to complete the report described in subsection (1) of
this section, each natural resources agency shall provide information requested
by the board in the format and at the times determined by the board.
     (3) For purposes of this section, “natural
resources agency” includes:
     (a) Department of Environmental Quality;
     (b) State Department of Agriculture;
     (c) State Department of Fish and Wildlife;
     (d) State Forestry Department;
     (e) Department of State Lands;
     (f) Water Resources Department;
     (g) Department of Land Conservation and
Development;
     (h) State Department of Geology and
Mineral Industries;
     (i)
     (j) Fish and Wildlife Division of the
Department of State Police;
     (k) Department of Transportation;
     (L) State Parks and Recreation Department;
     (m) Economic and Community Development
Department;
     (n) State Marine Board; and
     (o) Any other state agency that is
required to manage, allocate or protect natural resources, either as the
primary responsibility of the agency or in conjunction with the primary
responsibilities of the agency.
     (4) In addition to the report specified
under subsection (1) of this section, the Oregon Watershed Enhancement Board
shall report regularly during the interim on the implementation of the Oregon
Plan to the appropriate legislative committee. [2001 c.841 §1; 2007 c.354 §25]
     Note: 541.420 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 541 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Stewardship
Agreements)
     541.423
Stewardship agreements; contents; procedures for adoption; rules. (1) As used in this section, “stewardship
agreement” means an agreement voluntarily entered into and signed by a
landowner, or representative of the landowner, and the State Department of
Agriculture or the State Board of Forestry that sets forth the terms under
which the landowner will self-regulate to meet and exceed applicable regulatory
requirements and achieve conservation, restoration and improvement of fish and
wildlife habitat or water quality.
     (2) The State Department of Agriculture
and the State Board of Forestry may, individually or jointly, enter into
stewardship agreements with landowners.
     (3) The purposes of a stewardship
agreement are to provide:
     (a) An incentive for landowners to provide
for conservation, restoration and improvement of fish and wildlife habitat or
water quality;
     (b) A mechanism to coordinate, facilitate
and memorialize a landownerÂ’s compliance with the requirements of state and
federal regulatory schemes; and
     (c) A mechanism to combine or coordinate
multiple incentive programs among agencies and levels of government to:
     (A) Improve the delivery of financial and
technical assistance to landowners engaged in conservation activities;
     (B) Reduce redundancy among programs;
     (C) Simplify application procedures;
     (D) Leverage the investment of federal
funds;
     (E) Make more efficient use of technical
assistance funds;
     (F) Provide greater incentives for
landowners;
     (G) Foster partnerships and improve
cooperation with nongovernmental organizations;
     (H) Provide greater environmental
benefits;
     (I) Tailor and more effectively target
conservation programs administered by federal, state and local governments to
the unique conservation needs of, and opportunities presented by, individual
parcels of eligible land; and
     (J) Give landowners an increased level of
regulatory certainty.
     (4) The State Board of Forestry and the
State Department of Agriculture, in consultation with the State Department of
Fish and Wildlife, shall adopt by rule procedures and criteria for stewardship
agreements. The procedures and criteria shall include, but need not be limited
to:
     (a) The certification of a land management
plan which shall, at a minimum, include:
     (A) A comprehensive description and
inventory of the subject property, its features and uses; and
     (B) A prescription for the protection of
resources that exceeds land management practices, standards and activities
otherwise required by law and that is designed to achieve conservation,
restoration and improvement of fish and wildlife habitat or water quality.
     (b) A requirement that each landowner
subject to a stewardship agreement demonstrate a clear capability to carry out
the provisions of the land management plan and have a past record of good
compliance with applicable laws and regulations regarding land use and
management.
     (5) Each government agency that is a party
to a stewardship agreement shall conduct periodic audits on lands subject to
the stewardship agreement to determine whether the land management plan is
being implemented and whether the agreement should be continued, revised or
discontinued.
     (6) Stewardship agreements may provide
benefits to landowners that include, but are not limited to:
     (a) Expedited permit processing;
     (b) Regulatory certainty;
     (c) Priority consideration for cost-share
assistance or other financial incentives and technical assistance; and
     (d) Government certification that certain
land management practices have been implemented.
     (7) Within a stewardship agreement and on
a case-by-case basis, the State Department of Agriculture or the State Board of
Forestry may provide a landowner with an increased level of regulatory
certainty regarding state rules. The stewardship agreement may identify
specific voluntary landowner actions that exceed regulatory requirements. In
return, the State Department of Agriculture or the State Board of Forestry may
agree to exempt the landowner from future changes to a specific rule.
     (8) The State Department of Agriculture
and the State Board of Forestry may, individually or jointly, make a binding
determination that activities undertaken by a particular landowner, or a
representative of the landowner, as part of a stewardship agreement are
consistent with the purposes and policies of any relevant Safe Harbor
Agreements or Candidate Conservation Agreements entered into between the State
of Oregon and agencies of the United States Government, pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.) and
federal regulations. [2003 c.539 §31; 2007 c.608 §4]
     Note: 541.423 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 541 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     541.425
Stewardship Agreement Grant Fund. (1) The Stewardship Agreement Grant Fund is established separate and
distinct from the General Fund. The Stewardship Agreement Grant Fund shall
consist of all moneys placed in the fund as provided by law. All moneys in the
Stewardship Agreement Grant Fund are continuously appropriated to the State
Board of Forestry to provide grants to carry out the purposes of stewardship
agreements described in ORS 541.423. Interest accruing to the Stewardship
Agreement Grant Fund shall be credited to the fund. Funds appropriated and not
expended by the completion of a biennium shall remain in the Stewardship
Agreement Grant Fund.
     (2) The State Board of Forestry shall administer
the Stewardship Agreement Grant Fund and provide grants from the fund to
landowners who have entered into stewardship agreements for the purposes
described in ORS 541.423.
     (3) In addition to the funds made
available for the purposes of ORS 541.423, the board also may accept gifts and
grants from any public or private source for the purpose of providing the
grants described in subsection (2) of this section. [2007 c.608 §1]
     Note: 541.425 and 541.426 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
541 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     541.426
Criteria for funding projects from Stewardship Agreement Grant Fund. The State Board of Forestry may award funds
from the Stewardship Agreement Grant Fund only for the purposes described in
ORS 541.425. Any projects that the board approves for funding must comply with
the following criteria:
     (1) There must be matching contribution from
other program funds, in-kind services or other investment in the project; and
     (2) The project must provide a public
benefit through improved water quality or improved fish or wildlife habitat. [2007
c.608 §2]
     Note: See note under 541.425.
USE OF WATER
TO OPERATE WATER-RAISING MACHINERY
     541.430
Use of machinery by riparian owner to raise water; prior rights of others. Any person who owns or has the possessory
right to any land bordering on any lake or natural stream of water shall have
the right to employ wheels, pumps, hydraulic engines, or other machinery for
the purpose of raising water to the level required for use of the water in
irrigating any land belonging to the person; provided, that the use of the
water shall not conflict with the better or prior right of any other person. [Formerly
541.410]
SPLASH DAMS
     541.450
Definitions for ORS 541.450 to 541.460. As used in ORS 541.450 to 541.460 and 541.990:
     (1) “Splash dam” means a dam constructed
and used in the floating and driving of logs and other lumber products whereby
water behind the dam is released for the purpose of causing or aiding the
floating of logs or other lumber products on a navigable or nonnavigable river
in the waters thereof below the location of the dam.
     (2) “Splash dam” does not mean any device
used on the waters of this state for the assembly or storage of logs or other
lumber products, or for any other purpose incidental thereto. [1957 c.163 §1]
     541.455
Splash dams unlawful. It is
unlawful to operate a splash dam on any of the navigable or nonnavigable waters
of this state. An officer or agency of this state may not issue any permit for
the construction or maintenance of any dam to be used for splash dam purposes. [1957
c.163 §2; 2005 c.22 §380]
     541.460
Abatement proceedings by Attorney General. The Attorney General, upon being informed that any violation of ORS
541.450 to 541.460 or 541.990 (1) has occurred, is hereby empowered to proceed
immediately in the circuit court of the county in which said splash dam is
located, to petition the court for the removal of said splash dam by abatement
proceedings; and all costs in connection therewith incurred by the Attorney
General shall be assessed against the offending person, firm or corporation. [1957
c.163 §3]
RELEASE OF WATER
FROM IMPOUNDMENT OR DIVERSION STRUCTURE
     541.510
Authority of Water Resources Commission to require signs warning public of
stream level fluctuation.
(1) Whenever it appears to the satisfaction of the Water Resources Commission
upon the commissionÂ’s own determination or upon evidence submitted by any
person that the release of water from an impoundment or diversion structure
constructed before or after May 26, 1959, endangers or may endanger the public
safety, the commission shall send a written notice to the owner or operator of
the structure.
     (2) The notice provided for in subsection
(1) of this section shall state:
     (a) That the release of water from the
impoundment or diversion structure endangers or may endanger the public safety.
     (b) That the owner or operator of the
structure shall within a time to be set by the commission post notices
downstream from the structure at places of public access to the stream to be
designated by the commission warning the public that the stream level below the
structure is subject to fluctuation. [1959 c.624 §1; 1961 c.379 §9a; 1985 c.673
§104]
     541.515
Notice by commission when hazard created by release of stored water. (1) Whenever it appears to the satisfaction
of the Water Resources Commission, upon the commissionÂ’s own determination or
upon evidence submitted by any person that the present or proposed release of
stored water from an impoundment or diversion structure, including any water
power project, constructed before or after May 1, 1961, results in rapid increase
in the stream level below the structure which creates or will create a hazard
to human life or property, the commission shall cause written notice of such
determination to be mailed to the owner or operator of the structure.
     (2) The notice provided for in subsection
(1) of this section shall state:
     (a) That the present or proposed release
of stored water from the impoundment or diversion structure creates or may
create an unreasonable hazard to human life or property.
     (b) The manner in which such unreasonable
hazard to human life or property is or may be created.
     (c) The action which is required, in the
opinion of the commission, to minimize such unreasonable hazard to human life
or property.
     (d) That the owner or operator of the
impoundment or diversion structure, within 15 days after the mailing of the
notice, may request in writing that the commission hold a hearing on such
unreasonable hazard or action required to minimize such unreasonable hazard,
and that upon failure to request a hearing the commission shall make an order
stating the terms, limitations and conditions of the action required to
minimize such unreasonable hazard. [1961 c.379 §1; 1985 c.673 §105]
     541.520
Procedure when owner or operator of structure fails to request hearing; order
regulating release of water.
If, within 15 days after the mailing of the notice provided for in ORS 541.515,
the owner or operator of the impoundment or diversion structure fails to
request in writing that the Water Resources Commission hold a hearing, the
commission shall make and file in the Water Resources Department an order
stating the terms, limitations and conditions relating to the release of water
from the structure necessary to minimize unreasonable hazard to human life or
property as set forth in the notice. The order shall become effective upon
filing a copy in the Water Resources Department. The commission shall cause a
copy of the order to be mailed to the owner or operator of the structure. The
order is not subject to appeal. [1961 c.379 §2; 1985 c.673 §106]
     541.525
Hearing upon request of owner or operator of structure; notice and conduct of
hearing. (1) If, within 15
days after mailing of the notice provided for in ORS 541.515, the owner or
operator of the impoundment or diversion structure requests in writing that the
Water Resources Commission hold a hearing, the commission shall hold a hearing
in accordance with ORS chapter 183 on the hazard to human life or property
which is or will be created by the rapid increase in the stream level below the
structure resulting from the release of water from the structure and the terms,
limitations and conditions relating to such release of water necessary to
minimize such unreasonable hazard.
     (2) At least 10 days prior to the hearing
the commission, in addition to the notice requirements of ORS chapter 183,
shall cause a copy of the notice to be published in a newspaper of general
circulation in each county in which the structure is located and in which
unreasonable hazard to human life or property is or may be created. [1961 c.379
§3; 1971 c.734 §83; 1985 c.673 §107]
     541.530
Order of commission regulating release of water. After the hearing provided for in ORS
541.525, if the Water Resources Commission determines that the release of
stored water from the impoundment or diversion structure results or will result
in rapid increase in the stream level below the structure and the increase
creates or will create an unreasonable hazard to human life or property, the
commission shall make and file in the offices of the Water Resources Department
an order stating the terms, limitations and conditions relating to the release
of water from the structure necessary to minimize the unreasonable hazard. In
determining what constitutes unreasonable hazard and what terms, limitations
and conditions are necessary to minimize it, the commission shall consider the
likelihood of harm to the public, recreation benefits, power benefits,
agriculture benefits, purpose of the structure, water flows, extent, nature and
time of use by the public and all other material factors. [1961 c.379 §4; 1971
c.734 §84; 1985 c.673 §108]
     541.535
Installation of automatic stream level recording devices. An order of the Water Resources Commission
under ORS 541.520 or 541.530 may require the owner or operator of an
impoundment or diversion structure to install one or more automatic stream
level recording devices satisfactory to the commission at one or more locations
satisfactory to the commission. The cost of each such device and the installation
and maintenance thereof shall be paid by the owner or operator of the
structure. [1961 c.379 §5; 1985 c.673 §109]
     541.540
Procedure in emergency when release of water essential. When conditions beyond the control of the
owner or operator of an impoundment or diversion structure, to which an order
of the Water Resources Commission, made as provided in ORS 541.520 or 541.530
relates, threaten the safety of the structure, and the release of water from
the structure contrary to the terms, limitations and conditions stated in the
order is or may be necessary to remove such threat:
     (1) The terms, limitations and conditions
of the order shall not apply to such release of water.
     (2) The owner, operator or person in
immediate charge of the structure shall immediately notify the commission or
the Water Resources Department of the situation.
     (3) The owner, operator or person in
immediate charge of the structure shall immediately notify, to the best of the
personÂ’s ability, those persons whose life or property may be threatened by
such release of water. [1961 c.379 §6; 1985 c.673 §110]
     541.545
Compliance with orders of commission; enforcement. (1) No person shall fail to comply with an
order of the Water Resources Commission made as provided in ORS 541.520 or
541.530.
     (2) The commission may enforce any order
made as provided in ORS 541.520 or 541.530, and may prosecute proceedings to
enjoin violations of subsection (1) of this section. [1961 c.379 §§7, 8; 1985
c.673 §111]
     541.550 [1987 c.855 §3; 1989 c.904 §69; renumbered
196.600 in 1989]
     541.555 [1987 c.855 §2; renumbered 196.605 in 1989]
     541.557 [1987 c.855 §7; renumbered 196.610 in 1989]
     541.560 [1987 c.855 §8; renumbered 196.615 in 1989]
     541.565 [1987 c.855 §9; renumbered 196.620 in 1989]
     541.567 [1987 c.855 §10; renumbered 196.625 in 1989]
     541.570 [1987 c.855 §12; renumbered 196.630 in 1989]
     541.575 [1987 c.855 §13; renumbered 196.635 in 1989]
     541.577 [1987 c.855 §4; 1989 c.966 §60; renumbered
196.640 in 1989]
     541.580 [1987 c.855 §6; renumbered 196.645 in 1989]
     541.585 [1987 c.855 §5; renumbered 196.650 in 1989]
     541.587 [1987 c.855 §11; renumbered 196.655 in 1989]
     541.590 [1987 c.855 §19; renumbered 196.660 in 1989]
     541.595 [1987 c.855 §1a; renumbered 196.665 in 1989]
     541.605 [1967 c.567 §2; 1971 c.509 §4; 1971 c.754 §1;
1973 c.330 §1; 1973 c.674 §1; 1977 c.417 §2; 1977 c.418 §1; 1979 c.564 §1; 1989
c.837 §4; renumbered 196.670 and then 196.800 in 1989]
     541.610 [1967 c.567 §1; 1971 c.754 §2; 1973 c.330 §2;
1973 c.674 §2; 1977 c.418 §2; 1979 c.564 §2; renumbered 196.675 and then
196.805 in 1989]
     541.615 [1967 c.567 §3; 1971 c.754 §3; 1989 c.837 §15;
renumbered 196.680 and then 196.810 in 1989]
     541.620 [1967 c.567 §4; 1969 c.338 §4; 1971 c.754 §4;
1973 c.674 §3, 1977 c.418 §3; 1977 c.564 §6; 1989 c.1039 §1; renumbered 196.685
and then 196.815 in 1989]
     541.622 [1977 c.120 §2; 1987 c.160 §1; renumbered
196.690 and then 196.820 in 1989]
     541.625 [1967 c.567 §5; 1969 c.593 §49; 1971 c.754 §5;
1973 c.330 §3; 1973 c.674 §6; 1977 c.417 §1; 1979 c.200 §1; 1979 c.564 §3a;
1981 c.796 §1; 1987 c.70 §1; 1989 c.837 §16; 1989 c.904 §70; renumbered 196.695
and then 196.825 in 1989]
     541.626 [1979 c.564 §5; 1981 c.796 §2; 1983 c.827 §56;
1989 c.837 §5; renumbered 196.700 and then 196.830 in 1989]
     541.627 [1973 c.674 §5; 1979 c.564 §6; renumbered
196.705 and then 196.835 in 1989]
     541.630 [1967 c.567 §6; 1971 c.754 §6; 1973 c.330 §4;
1973 c.674 §7; 1981 c.796 §3; renumbered 196.710 and then 196.840 in 1989]
     541.635 [1967 c.567 §7; 1971 c.754 §7; renumbered
196.715 and then 196.845 in 1989]
     541.640 [1967 c.567 §8; 1971 c.754 §8; 1973 c.330 §5;
1973 c.674 §8; 1981 c.796 §4; repealed by 1989 c.837 §8 (196.718 enacted in
lieu of 541.640)]
     541.645 [1967 c.567 §9; 1971 c.754 §9; 1989 c.837 §17;
renumbered 196.720 and then 196.855 in 1989]
     541.650 [1967 c.567 §10; 1971 c.754 §10; 1973 c.330 §6;
1973 c.674 §9; 1985 c.414 §1; 1989 c.837 §18; renumbered 196.725 and then
196.860 in 1989]
     541.655 [1967 c.567 §11; 1971 c.754 §11; 1973 c.330 §7;
1973 c.674 §10; 1985 c.414 §2; renumbered 196.730 and then 196.865 in 1989]
     541.660 [1967 c.567 §12; 1973 c.330 §8; 1973 c.674 §11;
1979 c.284 §166; 1985 c.414 §3; renumbered 196.735 and then 196.870 in 1989]
     541.662 [Enacted by 1973 c.330 §10 and 1973 c.674 §13;
1985 c.545 §7; renumbered 196.740 and then 196.875 in 1989]
     541.665 [1971 c.754 §14; renumbered 196.745 and then
196.880 in 1989]
     541.670 [1985 c.545 §6; 1987 c.855 §16; 1989 c.837 §22;
renumbered 196.750 and then 196.885 in 1989]
     541.675 [1985 c.545 §3; renumbered 196.755 and then
196.890 in 1989]
     541.680 [1985 c.545 §4; renumbered 196.760 and then
196.895 in 1989]
     541.685 [1985 c.545 §5; renumbered 196.765 and then
196.900 in 1989]
     541.695 [1971 c.754 §12; 1977 c.417 §3; 1989 c.837 §19;
renumbered 196.770 and then 196.905 in 1989]
WATER
DEVELOPMENT PROJECTS
(Definitions)
     541.700
Definitions for ORS 541.700 to 541.855. As used in ORS 541.700 to 541.855, unless the context requires
otherwise:
     (1) “Commission” means the Water Resources
Commission appointed under ORS 536.022.
     (2) “Construction” means the construction,
or improvement or rehabilitation, in whole or in part, of a water development
project, including planning and engineering work, purchasing or refinancing
directly related to such construction or improvement or rehabilitation, or any
combination of such construction or improvement or rehabilitation. As used in
this subsection:
     (a) “Purchasing” means the purchasing of
materials, land or existing facilities necessary to complete a water
development project.
     (b) “Refinancing” includes refinancing
existing debt of a water developer, as defined in subsection (7)(f) to (m) and
(o) of this section, in order to complete a water development project or to
provide adequate security for a water development loan, but does not include
refinancing existing debt only to reduce interest rates or costs to the
borrower or to pay off existing debt.
     (3) “Director” means the Water Resources
Director appointed pursuant to ORS 536.032.
     (4) “Federal water development project”
means any water development project that receives funding from the federal
government, or any agency or instrumentality of the
     (5)(a) “Secondary use” means:
     (A) Any water-related recreational use.
     (B) Any flood control use.
     (C) Any power generation use.
     (D) Any water supply system utilized as a
domestic water system for the benefit of an individual residence related to the
operation of the water development project.
     (b) “Secondary use” does not include any
use that is incompatible with a water development project.
     (6) “Water development project” means:
     (a) An undertaking, in whole or in part,
in this state for the purpose of irrigation, including structures for the
application of water for agricultural harvest activities, dams, storage
reservoirs, wells or well systems, pumping plants, pipelines, canals, ditches,
revetments, water supply systems used for the purpose of agricultural
temperature control and any other structure, facility and property necessary or
convenient for supplying lands with water for irrigation purposes.
     (b) An undertaking, in whole or in part,
in this state for the purpose of drainage, including ditching, tiling, piping,
channel improvement, pumping plants or other agronomically approved methods of
land drainage that will increase soil versatility and productivity.
     (c) An undertaking, in whole or in part,
in this state for the purpose of providing water for municipal use, which may
include safe drinking water for communities with population less than 30,000,
including dams, storage reservoirs, wells or well systems, pumping plants,
treatment facilities, pipelines, canals, ditches, revetments and all other
structures and facilities necessary or convenient for supplying water. An
undertaking may provide water to two or more communities with a combined
population of more than 30,000. An undertaking may be part of a project that
provides water to a community with a population of more than 30,000, but loans
of moneys from the Water Development Fund, including moneys in ORS 285B.563
(11) may be made only to communities served by the project that have a
population of less than 30,000.
     (d) An undertaking, in whole or in part,
in this state for the purpose of fish protection, including fish screening or
by-pass devices, fishways and all other structures and facilities necessary or
convenient for providing fish protection.
     (e) An undertaking, in whole or in part,
in this state for the purpose of enhancing watershed health or improving fish
habitat, including methods and materials to restore, maintain and enhance the
biological, chemical and physical integrity of the riparian zones and
associated uplands of the stateÂ’s rivers, lakes and estuaries systems and
recommended by the Oregon Watershed Enhancement Board established under ORS
541.360.
     (f) Secondary uses in conjunction with
projects described in paragraphs (a) to (e) of this subsection.
     (7) “Water developer” means:
     (a) Any individual resident of this state;
     (b) Any partnership for profit subject to
the provisions of ORS chapter 67 or 70, whose principal income is from farming
in
     (c) Any corporation for profit subject to
the provisions of ORS chapter 60, whose principal income is from farming in
     (d) Any nonprofit corporation subject to
the provisions of ORS chapter 65, whose principal income is from farming in
     (e) Any cooperative subject to the
provisions of ORS chapter 62, whose principal income is from farming in
     (f) Any irrigation district organized
under or subject to ORS chapter 545;
     (g) Any water improvement district
organized under ORS chapter 552;
     (h) Any water control district organized
under ORS chapter 553;
     (i) Any irrigation or drainage corporation
organized under or subject to ORS chapter 554;
     (j) Any drainage district organized under
ORS chapter 547 or subject to all or part of ORS chapter 545;
     (k) Any corporation, cooperative, company
or other association formed prior to 1917 for the purpose of distributing water
for irrigation purposes;
     (L) Any port district organized under ORS
777.005 to 777.725, 777.915 to 777.953 and 777.990;
     (m) Any city or county;
     (n) Any organization formed for the
purpose of distributing water for community water supply; or
     (o) Any local soil and water conservation
district organized under ORS 568.210 to 568.808 and 568.900 to 568.933. [1977
c.246 §1; 1981 c.166 §1; 1981 c.592 §1; 1985 c.673 §184; 1985 c.677 §65; 1987
c.94 §103; 1987 c.636 §§1, 5; 1989 c.1010 §177; 1991 c.944 §5; 1993 c.765 §89;
1995 c.42 §180; 1997 c.775 §90; 1999 c.212 §1; 1999 c.509 §46]
(Loan
Applications)
     541.703
Project applications; preference for approval. Of the applications filed under ORS 541.705
for assistance in constructing a water development project for municipal use, the
Water Resources Commission shall give preference for approval to those projects
required to be undertaken as a result of a proceeding under ORS 222.840 to
222.915 or 431.705 to 431.760 to alleviate conditions constituting a danger to
public health. [1983 c.407 §13; 1985 c.673 §112]
     541.705
Project applications; contents.
(1) Any water developer may file with the Water Resources Commission an
application to enable the construction of a water development project as
provided in ORS 541.700 to 541.855. The application shall be filed in the
manner, be in the form and contain or be accompanied by any information
prescribed by the commission. The commission, in considering applications,
shall encourage the largest number of users of the Water Development Fund and
shall consider the impact on the family farm units of the state.
     (2) In addition to other requirements
prescribed by the commission, an application filed under subsection (1) of this
section shall:
     (a) Describe the nature and purposes of
the proposed water development project, including the need for the project and
reason why the project would be in the public interest.
     (b) State whether any purposes other than
improvement of a drinking water system, irrigation, drainage, fish protection,
watershed enhancement or municipal use, but consistent therewith, will be
served by the proposed water development project, and the nature of the other
purposes, if any.
     (c) Set forth or be accompanied by a
feasibility study for the construction, operation and maintenance of the
proposed water development project, an estimate of the costs of construction
and if the project includes as a primary purpose irrigation or drainage, an
evaluation of the agricultural potential of the land from any competent public
agency.
     (d) State whether any moneys other than
those in the Water Development Fund are proposed to be used for the
construction of the proposed water development project, and whether any other
moneys are available or have been sought for the construction.
     (e) Show that the applicant holds or can
acquire all lands, other than public lands, and interests therein and water
rights necessary for the construction, operation and maintenance of the
proposed water development project.
     (3) If the application is for a safe
drinking water project, the applicant also shall demonstrate that:
     (a) The applicant is a city, county,
district, water authority or other political subdivision of the state or an
organization operated on a not-for-profit basis that makes drinking water available
to members of the general public;
     (b) The primary use of the loan will be to
improve a drinking water system for the purpose of complying with applicable
state or federal drinking water quality regulations; and
     (c) The applicant has:
     (A) Developed a water system master plan;
and
     (B) Either has a coordination agreement in
place as defined in ORS 195.020, 195.025 and 197.712 or can demonstrate that
options to find a coordinated solution to the systemÂ’s drinking water problems
have been fully explored. [1977 c.246 §2; 1981 c.592 §2; 1985 c.673 §113; 1987
c.636 §2; 1991 c.944 §6; 1993 c.577 §38]
     541.710
Processing project application; fee. (1) Upon receipt of an application filed as provided in ORS 541.705,
the Water Resources Commission shall determine whether the feasibility study
described in ORS 541.705 for the water development project set forth in or
accompanying the application is satisfactory and if the commission determines
that it is not satisfactory, the commission may:
     (a) Reject the application;
     (b) Require the applicant to submit
additional information and revision of the feasibility study as may be
necessary; or
     (c) Make such revisions of the feasibility
study as the commission considers necessary to make the plan satisfactory.
     (2) Except as provided in subsection (3)
of this section, the commission shall charge and collect from the applicant at
the time the application is filed, a fee of $100. In addition, the commission
shall charge the applicant the amount required to reimburse the commission for
costs that exceed the application fee incurred in connection with the
application. Moneys referred to in this subsection shall be paid into the Water
Development Administration and Bond Sinking Fund.
     (3) The commission may establish by rule
an application fee of less than $100 for a water development project that is
for fish protection or for watershed enhancement. [1977 c.246 §3; 1985 c.673 §114;
1987 c.636 §3]
     541.715
Applicant authorized to obtain private planning, engineering and construction
services. Nothing in ORS
541.700 to 541.855 is intended to prevent an applicant from employing a private
planning firm, engineering firm and construction firm to perform the planning
work, engineering work and construction on the proposed water development
project of the applicant. [1977 c.246 §4]
     541.720
Conditions for project application approval. The Water Resources Commission may approve the financing for the
construction of a water development project described in an application filed
as provided in ORS 541.705 using moneys in the Water Development Fund, secured
by a first, parity or second lien in the manner provided in ORS 541.740 if,
after investigation the commission finds that:
     (1) The proposed water development project
is feasible and a reasonable risk from practical and economic standpoints;
     (2) The plan for the construction,
operation and maintenance of the proposed water development project is
satisfactory and, if the primary purposes of the project include irrigation or
drainage, the agricultural potential is confirmed;
     (3) The plan for construction and
operation will provide multipurpose facilities, to the extent practicable;
     (4) The applicant is a qualified,
credit-worthy and responsible water developer and is willing and able to enter
into a contract with the commission for construction and repayment as provided
in ORS 541.730;
     (5) Moneys in the Water Development Fund
are or will be available for the construction of the proposed water development
project;
     (6) There is a need for the proposed water
development project, the proposed project is in the public interest and the
applicantÂ’s financial resources are adequate to provide the working capital
needed to operate and maintain the project; and
     (7) The construction cost associated with
any secondary use does not exceed the construction cost of the primary use of
the water development project. [1977 c.246 §5; 1981 c.166 §2; 1981 c.592 §3;
1985 c.673 §115; 1999 c.212 §2]
(Loan
Contracts)
     541.730
Loan contract; repayment plan; other terms and conditions. If the Water Resources Commission approves
the financing for the construction of a water development project, the
commission, on behalf of the state, and the applicant may enter into a loan
contract, secured by a first, parity or second lien in the manner provided in
ORS 541.740, which shall set forth, among other matters:
     (1) That the commission, on behalf of the
state, must approve the arrangements made by the applicant for the
construction, operation and maintenance of the water development project, using
moneys in the Water Development Fund for the construction.
     (2) A plan for repayment by the applicant
to the Water Development Administration and Bond Sinking Fund of moneys
borrowed from the Water Development Fund used for the construction, operation
and maintenance of the water development project and interest on such moneys
used at such rate of interest as the commission determines is necessary to
provide adequate funds to recover administrative expenses incurred under ORS
541.700 to 541.855. The repayment plan, among other matters:
     (a) Shall provide for commencement of
repayment by the water developer of moneys used for construction and interest
thereon not later than two years after the date of the loan contract or at such
other time as the commission may provide;
     (b) May provide for reasonable extension
of the time for making any repayment in emergency or hardship circumstances, if
approved by the commission;
     (c) Shall provide for such evidence of
debt assurance of and security for repayment by the applicant as are considered
necessary or proper by the commission; and
     (d) Shall set forth a schedule of payments
and the period of loan which shall not exceed the usable life of the
constructed project, or 30 years from the date of the first payment due under
the financial plan, whichever is less, and shall also set forth the manner of
determining when loan payments are delinquent. The payment schedule shall
include repayment of interest which accrues during any period of delay in
repayment authorized by paragraph (a) of this subsection, and the payment
schedule may require payments of varying amounts for collection of such accrued
interest.
     (3) Provisions satisfactory to the
commission for field engineering and inspection, the commission to be the final
judge of completion of the contract.
     (4) That the liability of the state under
the contract is contingent upon the availability of moneys in the Water
Development Fund for use in the construction, operation and maintenance of the
water development project.
     (5) Such further provisions as the
commission considers necessary to insure expenditure of the funds for the
purposes set forth in the approved application.
     (6) That the commission may institute an
appropriate action or suit to prevent use of the facilities of a water
development project financed by the Water Development Fund by any person who is
delinquent in the repayment of any moneys due the Water Development
Administration and Bond Sinking Fund.
     (7) That a loan for a water development
project is assignable or transferable to a third party only with the prior
approval of the commission. The commission may approve a loan assignment or
transfer only if the commission finds that the assignee or transferee qualifies
as a water developer as defined in ORS 541.700 (7) and the assignment or
transfer does not have serious adverse effect upon the family farm unit
structure in this state. [1977 c.246 §6; 1981 c.166 §3; 1985 c.673 §116; 1999
c.212 §3]
     541.735
Payment of funds by State Treasurer pursuant to loan contract. If the Water Resources Commission approves a
loan for a water development project or federal water development project, the
State Treasurer shall pay moneys for such project from the Water Development
Fund in accordance with the terms of the loan contract, as prescribed by the
commission. [1977 c.246 §7; 1985 c.673 §117]
     541.740
Liens and other loan security; foreclosure; rules. (1)(a) When a loan is made to a water
developer other than a water developer described in ORS 541.700 (7)(a), (b),
(c) or (d) for the construction of a water development project under ORS
541.700 to 541.855, the State of
     (b) Except for tax liens, the lien created
by this section is prior and superior to all other liens or encumbrances upon
the affected real property or user charges, without regard to the date on which
the other liens or encumbrances attached to the real property or user charges.
However, the Water Resources Commission may elect to accept a second or parity
lien position against the real property or user charges encumbered by this
section, if the commission determines the lien position would provide adequate
security for the water development loan, as set forth in rules adopted by the
commission.
     (c) The existence or foreclosure of the
lien created by this subsection shall not cause the acceleration of payment of
user charges or other payments on affected real property. Such payments shall
continue to be made as they become due.
     (2) When a loan is made under ORS 541.700
to 541.855 to a water developer described in ORS 541.700 (7)(a), (b), (c) or
(d), the loan shall be secured by a mortgage or security agreement in the full
amount of the loan. The mortgage or security agreement shall be a first lien,
or a parity or second lien if the commission determines it would provide
adequate security, upon such real property of the water developer as the
commission shall require for adequate security.
     (3) When a lien created by subsection (1)
of this section is foreclosed, a person whose real property is subject to the
lien solely because that real property is irrigated or drained by reason of a
water development project or because the real property is served by a water
source improved by a water development project for watershed enhancement, shall
only have that portion of real property subjected to foreclosure that
represents that personÂ’s pro rata share of the indebtedness.
     (4) When a loan is made to a water
developer under ORS 541.700 to 541.855, the commission shall file notice of the
loan with the recording officer of each county in which is situated real
property of the water developer or real property to which the lien created by
subsection (1) or (2) of this section may attach. The notice shall contain a
description of the real property of the water developer, a description of any
other real property that will be served by the water development project and to
which the lien is to attach, the amount of the loan and a statement that the
State of Oregon has a lien against such real property as provided in subsection
(1) or (2) of this section.
     (5) Upon payment of all amounts loaned to
a water developer pursuant to ORS 541.700 to 541.855, the commission shall file
with each recording officer referred to in subsection (4) of this section a
satisfaction notice that indicates repayment of the loan.
     (6) The commission may cause to be
instituted appropriate proceedings to foreclose liens for delinquent loan
payments, and shall pay the proceeds of any such foreclosure, less expenses
incurred in foreclosing, into the Water Development Administration and Bond
Sinking Fund. In a foreclosure proceeding, the commission may bid on property
offered for sale in the proceeding and may acquire title to the property on
behalf of the state.
     (7) The commission may take any action,
make any disbursement, hold any funds or institute any action or proceeding
necessary to protect the stateÂ’s interest.
     (8) Notwithstanding ORS 293.240, the
commission may compromise, release, discharge, waive, cancel or settle a claim
against a water developer if such action:
     (a) Is consistent with the purposes of ORS
541.700 to 541.855;
     (b) Does not impair the ability to pay the
administrative expenses of the commission or the obligations of any bonds
outstanding; and
     (c) Is, under the circumstances, the means
most likely to preserve the claim or to recover the greatest part of the amount
claimed.
     (9) The commission, by rule, may set out
procedures to be used when a water developer is unable to make required loan
payments because of illness, injury, death, involuntary job loss or economic
stress due to factors beyond individual control. The rules shall be effective
to the extent permitted by the terms of the contracts associated with affected
loans. The rules:
     (a) May provide for a temporary reduction
of loan payment;
     (b) May provide for any other solution
jointly agreed to by the water developer and the commission;
     (c) Shall provide for repayment of the
amount of any loan payments reduced under the rules in accordance with terms
and conditions agreed upon by the borrower and the commission; and
     (d) Shall require the commission to
consider the effect of any payment reduction or delay on the solvency of the
program as a whole, on estimates of the most probable financial position of the
program in the future and on other borrowers in the program.
     (10)(a) Upon application by a water
developer, the commission may grant a partial release of security when the
commission determines that granting the requested release will not jeopardize
the water development loan programÂ’s security position.
     (b) The remaining property must qualify as
security for the loan balance under the applicable law.
     (c) Notwithstanding compliance with
paragraph (b) of this subsection, the commission may require that the loan
balance be reduced as consideration for granting the requested release. [1977
c.246 §8; 1981 c.166 §4; 1985 c.673 §118; 1987 c.636 §4; 1989 c.950 §3; 1999
c.212 §4]
     541.741
Recovery of certain interest amounts. The Water Resources Commission shall not attempt to recover interest
amounts credited or paid before January 1, 1986, to any water developer who
borrowed moneys under ORS 541.700 to 541.855 and shall adjust the borrowerÂ’s
account balance as necessary to reflect those credits as lawful payments on the
borrower’s contractual obligations to the state. [1989 c.950 §2]
     Note: 541.741 was added to and made a part of ORS
541.700 to 541.855 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     541.745
Remedies of commission when water developer fails to comply with contract. If a water developer fails to comply with a
contract entered into with the Water Resources Commission for construction and
repayment as provided in ORS 541.730, the commission, in addition to remedies
provided in ORS 541.740, may seek other appropriate legal remedies to secure
the loan and may contract with any other water developer as provided in ORS
541.730 for continuance of construction and for repayment of moneys from the
Water Development Fund used to continue construction and interest on the
moneys. [1977 c.246 §8; 1981 c.166 §4; 1985 c.673 §119]
     541.750
Repayment of moneys to Water Development Administration and Bond Sinking Fund. Any water developer that enters into a
contract with the Water Resources Commission for construction and repayment as
provided in ORS 541.730 or 541.745 may obtain moneys for repayment to the Water
Development Administration and Bond Sinking Fund under the contract in the same
manner as other moneys are obtained for other authorized purposes. The
commission may also provide by contract or otherwise, for the construction,
operation and maintenance of a water development project until the project is
assumed by such new water developer. Moneys in the Water Development Fund may
be used for such construction, operation and maintenance, and if so used, shall
be repaid to the Water Development Administration and Bond Sinking Fund by the
contracting water developer. [1977 c.246 §10; 1985 c.673 §120]
     541.755
Use of other funds for project construction; effect on funds loaned by state;
use of other funds to repay state loan. Except as provided in ORS 541.760:
     (1) If any water development project
investigated under ORS 541.700 to 541.855, other than a safe drinking water
project financed in whole or in part from moneys in the Special Public Works
Fund created by ORS 285B.455 or the Water Fund created by ORS 285B.563, is
constructed with funds other than those loaned under ORS 541.700 to 541.855,
the amount expended by the state shall immediately become due and payable,
together with interest at the rate provided in ORS 541.730 (2) from the date of
notification of the amount due.
     (2) If any water development project is
refinanced or financial assistance is obtained from other sources, other than a
safe drinking water project financed in whole or in part from moneys in the
Special Public Works Fund created by ORS 285B.455 or the Water Fund created by
ORS 285B.563, after the execution of the loan from the state, all such funds
shall be first used to repay the state. [1977 c.246 §14; 1991 c.944 §7; 1995
c.79 §304]
     541.760
Reduction of loan amount when secondary use funding available. If a water development project has any
secondary use, and if the water developer receives from any source other than
the Water Development Fund any funds to assist in the construction, operation
or maintenance of such secondary use, the amount of the loan to the water
developer from the Water Development Fund shall be limited to that amount
necessary for the construction of those portions of the project not funded by
other sources. [1977 c.246 §15]
     541.765
Authorization for loans for certain federal projects. In addition to those uses of moneys in the
Water Development Fund otherwise provided in ORS 541.700 to 541.855, the Water
Resources Commission may authorize loans of such moneys to those persons to
whom approval has been granted by the federal government or any agency or
instrumentality of the United States for the funding and construction of
federal water development projects. Any such person shall apply for a loan to
the commission, in such form as the commission prescribes, and shall furnish
such proof of federal approval for funding and construction as the commission
considers appropriate. [1977 c.246 §16; 1985 c.673 §121; 1991 c.944 §8; 1999
c.212 §5]
     541.770
Federal project loan contract terms; foreclosure. If the Water Resources Commission approves
an application for the loan of moneys authorized by ORS 541.765, the commission
shall enter into a loan contract with the borrower that provides, among other
matters:
     (1) That the loan be secured by a first
lien, or parity or second lien if appropriate, in the same manner as provided
in ORS 541.740.
     (2) That the loan bear interest at the
same rate of interest as provided in ORS 541.730.
     (3) That the loan becomes due and payable
to the Water Development Administration and Bond Sinking Fund not later than 60
days after the date that federal funds for the acquisition of easements and
rights of way for the project are paid to the borrower or 30 years from the
date of the loan, whichever is earlier.
     (4) Such provisions as the commission
considers necessary to insure expenditure of the moneys loaned for the purposes
provided in ORS 541.765.
     (5) That the commission may cause to be
instituted appropriate proceedings to foreclose liens for delinquent loan
payments, and shall pay the proceeds of any such foreclosure, less expenses in
foreclosing, into the Water Development Administration and Bond Sinking Fund. [1977
c.246 §17; 1981 c.166 §5; 1985 c.673 §122; 1999 c.212 §6]
(Bonds)
     541.780
Bonds to provide project financing. In order to provide funds for the purposes specified in Article XI-I
(1) of the Oregon Constitution, the Water Resources Commission may request the
State Treasurer to issue bonds in accordance with the provisions of ORS chapter
286A. [1977 c.246 §19; 1981 c.660 §45; 2007 c.783 §215]
     541.785
Disposition and use of bond proceeds. Except for the proceeds of refunding bonds, all moneys obtained from
the sale of bonds under ORS 541.780 to 541.815 shall be credited by the State
Treasurer to the Water Development Fund. Such moneys shall be used only for the
purposes stated in Article XI-I (1), Oregon Constitution, and ORS 541.700,
541.705 to 541.770 and 541.835. If there are insufficient funds in the Water
Development Administration and Bond Sinking Fund to make the payments set forth
in ORS 541.830, moneys in the Water Development Fund may be transferred to the
Water Development Administration and Bond Sinking Fund. Pending the use of
moneys in the Water Development Fund for the proper purposes, such moneys may
be invested in the manner provided by law. [1977 c.246 §20; 1981 c.660 §46;
1989 c.950 §4]
     541.790 [1977 c.246 §21; repealed by 1981 c.660 §18]
     541.795 [1977 c.246 §22; 1981 c.166 §6; repealed by
1981 c.660 §18]
     541.800
Payment of bond principal and interest from Water Development Administration
and Bond Sinking Fund. (1)
The State Treasurer shall make payment of the principal of and the interest on
any bond issued under ORS 541.780 to 541.815 from the Water Development
Administration and Bond Sinking Fund.
     (2) The State Treasurer shall compute and
determine in January of each year, after the sale of bonds under ORS 541.780 to
541.815, the amount of principal and interest which will fall due during such
year on bonds then outstanding and unpaid and shall maintain or hold in the
Water Development Administration and Bond Sinking Fund sufficient moneys to pay
such maturing obligations. [1977 c.246 §§23,26]
     541.805 [1977 c.246 §24; repealed by 1981 c.660 §18]
     541.810 [1977 c.246 §25; repealed by 1981 c.660 §18]
     541.815
Limitation on bond issuance amount. No bonds shall be issued or sold under ORS 541.780 to 541.815 nor
indebtedness incurred thereunder, which, singly or in the aggregate with
previous debts or liabilities incurred for the construction, operation and
maintenance of water development projects and for the acquisition of easements
and rights of way for federal water development projects shall exceed any
limitation provided in the Oregon Constitution at the date of the issuance and
sale of such bonds. If the maximum aggregate principal sum of bonds authorized
to be issued under ORS 541.780 to 541.815, exceeds any limitation provided in
the Oregon Constitution, bonds shall be issued under ORS 541.780 to 541.815, in
the aggregate principal sum of not to exceed that authorized under the
limitation provided in the Oregon Constitution. [1977 c.246 §27]
(Administration)
     541.830
Water Development Administration and Bond Sinking Fund; sources; use; GovernorÂ’s
approval. (1) There hereby
is created the Water Development Administration and Bond Sinking Fund, separate
and distinct from the General Fund, to provide for payment of:
     (a) Administrative expenses of the Water
Resources Commission and the Water Resources Department in processing
applications, investigating proposed water development projects and federal
water development projects under ORS 541.700 to 541.855 and servicing and
collecting outstanding loans made under ORS 541.700 to 541.855, if the expense
is not paid directly by the applicant, including principal and interest due on
bonds outstanding. These administrative expenses also may include all costs
associated with the issuance of bonds and the funding of any credit
enhancements or reserves determined to be necessary or advantageous in
connection with the bonds.
     (b) Administrative expenses of the State
Treasurer in carrying out the duties, functions and powers imposed upon the
State Treasurer by ORS 541.700 to 541.855.
     (c) Principal and interest of all bonds
issued pursuant to the provisions of ORS 541.780 to 541.815.
     (2) The fund created by subsection (1) of
this section shall consist of:
     (a) Application fees required by ORS
541.710.
     (b) Repayments of moneys loaned to water
developers from the Water Development Fund, including interest on such moneys.
     (c) Repayments of moneys loaned for the
acquisition of easements and rights of way for federal water development
projects, including interest on such moneys.
     (d) Such moneys as may be appropriated to
the fund by the Legislative Assembly, including appropriations dedicated to the
partial payment for or repayment of projects affording public benefits.
     (e) Moneys obtained from the sale of
refunding bonds and any accrued interest on such bonds.
     (f) Moneys received from ad valorem taxes
levied pursuant to Article XI-I(1), Oregon Constitution, and all moneys that
the Legislative Assembly may provide in lieu of such taxes.
     (g) Interest earned on cash balances
invested by the State Treasurer.
     (h) Any revenues received by the
commission under the provisions of ORS 541.745.
     (i) Moneys transferred from the Water
Development Fund.
     (3) The moneys referred to in subsection
(2) of this section are continuously appropriated to the commission for the
purposes provided in subsection (1) of this section.
     (4) The commission, with the approval of
the Governor, may identify those projects financed under the provisions of ORS
541.700 to 541.855 which offer significant public benefit, and recommend to the
Legislative Assembly funding of those projects in proportion to the public
benefits offered.
     (5) The commission, with the approval of
the State Treasurer, may transfer moneys from the fund created under subsection
(1) of this section to the Water Development Fund if:
     (a) A cash flow projection shows that the
transfer will not have any negative impact on the commissionÂ’s ability to pay
bond principal, interest and administration costs;
     (b) The transfer will not create the need
for issuance of any bonds; and
     (c) The transfer, together with loans
outstanding from prior transfers and not refinanced by funds derived directly
from a bond sale, shall not exceed $1.
     (6) The transfer amount authorized by
subsection (5) of this section may be increased by the Emergency Board. [1977
c.246 §28; 1981 c.172 §1; 1985 c.673 §123; 1989 c.587 §3; 1989 c.950 §5; 1991
c.944 §9]
     541.835
Water Development Fund; use.
All moneys in the Water Development Fund created by Article XI-I (1), Oregon
Constitution, hereby are appropriated continuously to the Water Resources
Commission and shall be used for the purposes provided in ORS 541.700 to
541.855. Moneys expended from the fund may include those expended or to be
expended for engineering, legal fees and acquisition of water rights and property
required for rights of way or facility locations. Interest earned by the fund
shall be credited to the fund. [1977 c.246 §18; 1985 c.673 §124; 1989 c.966 §61]
     541.840
Emergency Board request for funds to pay administrative expenses; repayment of
board allocations. (1) If
there are insufficient funds in the Water Development Administration and Bond
Sinking Fund to make the payments referred to in ORS 541.830 (1), the Water
Resources Commission may request the funds necessary for such payments from the
Legislative Assembly within the budget authorized by the Legislative Assembly
or as that budget may be modified by the Emergency Board.
     (2) When the commission determines that
moneys in sufficient amount are available in the Water Development Administration
and Bond Sinking Fund, the commission shall reimburse the General Fund without
interest, in an amount equal to the amount allocated by the Legislative
Assembly or the Emergency Board pursuant to subsection (1) of this section. The
moneys used to reimburse the General Fund under this subsection shall not be
considered a budget item on which a limitation is otherwise fixed by law, but
shall be in addition to any specific appropriations or amounts authorized to be
expended from continually appropriated moneys. [1977 c.246 §30; 1985 c.673 §125;
1991 c.703 §48]
     541.845
Rules. (1) In accordance
with the applicable provisions of ORS chapter 183, the Water Resources
Commission may adopt rules necessary to carry out ORS 541.700 to 541.855.
     (2) In adopting rules establishing
guidelines or criteria for awarding loans or grants for drinking water
projects, the commission shall coordinate the Water Resources DepartmentÂ’s
rulemaking process with the Economic and Community Development Department and
the Department of Human Services in order to ensure that rules adopted under
this subsection are consistent with rules adopted under ORS 285B.563 and
431.120. The rules adopted under this subsection shall:
     (a) Require the installation of meters on
all new active service connections from any municipal drinking water
distribution lines funded under ORS 285B.560 to 285B.599, 431.120, 541.700,
541.705, 541.755, 541.765, 541.830 and 541.845; and
     (b) Require a plan, to be adopted by the
municipality, for installation of meters on all service connections throughout
the drinking water system.
     (3) As used in this section, “service
connection” does not include fire hydrants, fire sprinkler system connections,
line blow-offs and drains, standby emergency interties, valve controlled
drinking fountains and other similar intermittently used connections. [1977
c.246 §13; 1985 c.673 §126; 1991 c.944 §10; 1995 c.212 §2; 2005 c.835 §26]
     541.850
Commission acceptance of gifts or grants. The Water Resources Commission may accept gifts of money or other
property from any source, given for the purposes of ORS 541.700 and 541.705 to
541.770. Money so received shall be paid into the Water Development Fund. Money
or other property so received shall be used for the purposes for which received.
[1977 c.246 §12; 1985 c.673 §127]
     541.855
Biennial report to Legislative Assembly and Governor. The Water Resources Commission shall make
available to the Legislative Assembly and the Governor a biennial report of the
transactions of the Water Development Fund and the Water Development
Administration and Bond Sinking Fund in such detail as will accurately indicate
the transactions and the condition of the funds. [1977 c.246 §29; 1985 c.673 §128]
NORTH
     541.875
Dams and use of water for hydroelectric generation on
     (a) That portion of the North Umpqua River
between Soda Springs Dam and the confluence of the North Umpqua River and South
Umpqua River; or
     (b) The main stem
     (2) Nothing in this section applies to the
repair, structural repair, maintenance or improvement of any dam constructed on
the North Umpqua River prior to November 1, 1981, with the approval of the
Water Resources Commission and the State Department of Fish and Wildlife. The
commission and the State Department of Fish and Wildlife shall not unreasonably
withhold or delay such approval, but may withhold approval for reasonable
cause, including but not limited to a substantiated finding that the repairs,
structural repairs, maintenance or improvements:
     (a) Fail to comply with applicable safety
rules or regulations;
     (b) Raise the height of the dam; or
     (c) Diminish the current ability of
anadromous fish to travel past the dam.
     (3) No person shall appropriate and no
officer or agency of this state shall issue or approve any license, permit or
certificate for the use of water for hydroelectric generation at a dam at the
location referred to in subsection (1) of this section. [1981 c.151 §2; 1983
c.652 §2; 1985 c.673 §129; 1991 c.479 §1]
     541.880
Responsibility of government entity for repair or maintenance costs of dams on
     Note: 541.880 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 541 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
PENALTIES
     541.990
Penalties. (1) Any person,
or any officer of any firm or corporation who shall be found guilty of
constructing any splash dam for the floating of logs or other lumber products
on any stream or other body of water in the State of Oregon after August 20,
1957, shall be fined not more than $1,000, or shall be imprisoned not more than
one year in the county jail in the county in which such conviction is entered,
or by both fine and imprisonment.
     (2) Violation of ORS 541.510 is a
misdemeanor.
     (3) Violation of ORS 541.545 (1) is a
misdemeanor. [1957 c.163 §4; subsection (2) enacted as 1959 c.624 §2;
subsection (3) enacted as 1961 c.379 §9; subsection (4) enacted as 1967 c.567 §13;
subsection (4) renumbered 196.990 in 1989]
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