2007 Oregon Code - Chapter 542 :: Chapter 542 - Water Resource Surveys and Projects - Compacts
Chapter 542 —
Water Resource Surveys and Projects; Compacts
2007 EDITION
WATER RESOURCE SURVEYS AND PROJECTS; COMPACTS
WATER LAWS
SURVEY OF WATER RESOURCES
542.010Â Â Â Â Contract
by Water Resources Commission with federal agencies for investigating and developing
water resources; expenses
542.020Â Â Â Â Purpose
of law
542.030Â Â Â Â Report
by commission; contents; copies for public inspection
542.040Â Â Â Â Withholding
water from appropriation pending investigation; restrictions on permit to
appropriate; repayment of cost of project
542.050Â Â Â Â Construction
work; minor portions of project
542.060Â Â Â Â Information
on availability of water for beneficial uses; duties of Water Resources
Commission; gauging stations; publication of information
542.070Â Â Â Â Entry
on lands
542.075Â Â Â Â Identification
and funding of water projects offering significant public benefit; limitation
542.080Â Â Â Â Cooperation
with federal agencies; contracts
542.090Â Â Â Â Moneys
from licenses under Federal Waterpower Act; disposal
542.100Â Â Â Â Acceptance
and expenditure of gifts and grants for hydrologic investigations; accounting
542.110Â Â Â Â Public
interest requiring construction of system of works
542.210Â Â Â Â Construction
of federal dams and structures in
542.510Â Â Â Â Oregon-California
Goose Lake Interstate Compact ratified; when effective
542.520Â Â Â Â
542.550Â Â Â Â Content
of Columbia River Natural Resources Management Compact; when effective
542.610Â Â Â Â Klamath
River Basin Compact ratified; when effective
542.620Â Â Â Â
542.630Â Â Â Â Water
Resources Director to represent state in administering the Klamath River Basin
Compact
TEST STUDY OF INTEGRATED LAND-WATER
MANAGEMENT
542.710Â Â Â Â Test
stream and watershed study
542.720Â Â Â Â Assistance
and grants for study
WATERSHED PROTECTION AND FLOOD PREVENTION
PROJECTS
542.750Â Â Â Â Cooperative
studies of projects under federal Watershed Protection and Flood Prevention Act
SURVEY OF WATER RESOURCES
     542.010
Contract by Water Resources Commission with federal agencies for investigating
and developing water resources; expenses. In order that the natural resources of
     542.020
Purpose of law. The intent
of ORS 542.010 to 542.050, as outlined in ORS 542.010, is to have on file ready
and available, such detailed surveys and information as will not only permit,
but will tend to induce, the beneficial use of water by private persons,
irrigation districts, corporations, or possibly by the state or national
government.
     542.030
Report by commission; contents; copies for public inspection. As soon as practicable after the completion
of the surveys and investigations, the Water Resources Commission shall prepare
or have prepared a report setting forth the plans, specifications and estimated
cost of construction, maintenance and operation of the projects, together with
any other information tending to show their feasibility, and may in the
discretion of the commission have the report printed in pamphlet form and
distributed to those interested. Copies of completed maps, plans,
specifications, estimates and reports secured or prepared in connection with
any such investigation shall be kept on file in the Water Resources Department
at all times, and open for public inspection during business hours. [Amended by
1985 c.673 §131]
     542.040
Withholding water from appropriation pending investigation; restrictions on
permit to appropriate; repayment of cost of project. (1) The Water Resources Commission, on
behalf of the state, shall withdraw and withhold from appropriation any
unappropriated water which may be required for any project under investigation
or to be investigated under the provisions of ORS 542.010 to 542.050. If the
project is found to be feasible, the commission shall withhold the same from
appropriation until the money expended in the investigation of the project is
repaid to the cooperating parties in proportion to the amount contributed by
each unless funds for construction are provided by one or both of the
cooperating parties, in which case the commission shall issue a permit without
requiring such repayment. No permit to appropriate water which may be in
conflict with any such project under investigation shall be approved by the
commission, nor shall any assignment of plans and information or any part
thereof be made except upon consideration and order by the commission after
full hearing of all interested parties.
     (2) Any moneys returned to the commission
under the provisions of this section shall promptly be turned over to the State
Treasurer and credited to the General Fund in the State Treasury. [Amended by
1985 c.673 §132]
     542.050
Construction work; minor portions of project. As the purposes of ORS 542.010 to 542.050 are to secure the most
immediate, as well as the most beneficial, ultimate use of the available waters
for any certain project, the Water Resources Commission, as occasion may
require, may grant permits and arrange the details so that minor portions of
the project may be segregated and constructed at any time. However, the
segregation and development of such minor parts shall not interfere to any
serious extent with the handling or completion of the balance of the project. [Amended
by 1985 c.673 §133]
     542.060
Information on availability of water for beneficial uses; duties of Water
Resources Commission; gauging stations; publication of information. The Water Resources Commission shall
establish gauging stations at suitable points on the various streams of the
state to determine the daily and seasonal fluctuations in the flow of the
water; shall make surveys and profiles to determine the fall of stream suitable
for power development; and shall prepare topographic maps of the territory
adjacent to the private streams of the state, so that the availability of water
for power, irrigation or other beneficial uses may be determined and made known
to the public. All such maps and information shall be made a matter of record
in the Water Resources Department and the commission shall publish a summary of
all such information in the most practical and economical manner for
presentation to the public. The commission shall enter into such agreements and
contracts as will insure that the surveys and investigations are carried on in
the most economical manner, and that the maps and data are made available to
the use of the public as quickly as possible. [Amended by 1985 c.673 §134]
     542.070
Entry on lands. In order to
carry out the purpose of ORS 542.060 all persons employed under that section
may enter and cross all lands within the state; provided, that in so doing, no
unnecessary damage is done to private property.
     542.075
Identification and funding of water projects offering significant public
benefit; limitation. (1) The
Water Resources Commission, with the approval of the Governor, may identify
proposed or existing water projects which offer significant public benefit, and
recommend to the Legislative Assembly funding of those projects in proportion
to the public benefits offered by an existing project, or expected to be
obtained from a proposed project.
     (2) In order to be eligible for funding
under subsection (1) of this section, the Water Resources Commission must
identify an existing project within five years after the project first becomes
operable. [1981 c.172 §3; 1985 c.673 §135; 1989 c.587 §4]
     542.080
Cooperation with federal agencies; contracts. On behalf of this state, the Water Resources Commission may cooperate with
the Federal Energy Regulatory Commission, the United States Geological Survey,
the United States Reclamation Service, or any other federal agency or
commission engaged in similar work, and may enter into contracts or agreements
whenever it appears desirable or advantageous to the state. [Amended by 1985
c.673 §136]
     542.090
Moneys from licenses under Federal Waterpower Act; disposal. Any moneys arising from power licenses under
the Federal Waterpower Act, approved June 10, 1920, and paid over to the state,
shall be credited by the State Treasurer to the General Fund.
     542.100
Acceptance and expenditure of gifts and grants for hydrologic investigations;
accounting. The Water
Resources Commission may accept and expend moneys from any public or private source,
including the federal government, made available for the purpose of conducting
hydrologic investigations of
     542.110
Public interest requiring construction of system of works. (1) It hereby is declared that public
interest, welfare, convenience and necessity require the construction of a
system of works in accordance with the general comprehensive plan for flood
control, navigation and other purposes in the Willamette River Basin, as set
forth in House Document 544, Seventy-fifth Congress, third session, and the Act
of the Seventy-fifth Congress approved June 28, 1938, 52 Stat. 1222,
authorizing the construction of certain public works, including the Willamette
River Basin Project.
     (2) The Water Resources Commission may act
for the state in all matters necessary or advisable in the promotion,
construction and maintenance of the Willamette River Basin Project. [Amended by
1955 c.707 §57]
     542.120 [Repealed by 1955 c.707 §75]
     542.130 [Repealed by 1955 c.707 §75]
     542.140 [Repealed by 1955 c.707 §75]
     542.150 [Repealed by 1955 c.707 §75]
     542.160 [Repealed by 1955 c.707 §75]
     542.210
Construction of federal dams and structures in
     542.310 [Amended by 1953 c.622 §5; repealed by 1955
c.707 §75]
     542.320 [Amended by 1953 c.622 §5; repealed by 1955
c.707 §75]
     542.330 [Amended by 1953 c.622 §5; repealed by 1955
c.707 §75]
     542.340 [1953 c.622 §4; repealed by 1955 c.707 §75]
     542.410 [1953 c.431 §1; repealed by 1957 c.142 §5]
     542.420 [1953 c.431 §2; repealed by 1957 c.142 §5]
     542.430 [1953 c.431 §3; repealed by 1957 c.142 §5]
     542.440 [1953 c.431 §4; repealed by 1957 c.142 §5]
     542.450 [1953 c.431 §5; repealed by 1957 c.142 §5]
     542.460 [1953 c.431 §8; repealed by 1957 c.142 §5]
     542.470 [1953 c.431 §7; repealed by 1957 c.142 §5]
     542.480 [1953 c.431 §9; repealed by 1957 c.142 §5]
     542.490 [1953 c.431 §6; repealed by 1957 c.142 §5]
     542.510
     (2) The compact becomes effective when it
has been ratified by the legislatures of the States of Oregon and
     Note: The Oregon-California Goose Lake Interstate
Compact became effective on July 2, 1984. The compact was ratified by the State
of
     542.520
______________________________________________________________________________
ARTICLE I
PURPOSES
     The major purposes of this compact are:
     A. To facilitate and promote the orderly,
integrated and comprehensive development, use, conservation and control of the
water resources of
     B. To further intergovernmental
cooperation and comity and to remove the causes of present and future
controversies by (1) providing for continued development of the water resources
of Goose Lake Basin by the States of California and Oregon, and (2) prohibiting
the export of water from Goose Lake Basin without consent of the legislatures
of California and Oregon.
ARTICLE II
DEFINITION OF TERMS
     As used in this compact:
     A. “
     B. “Person” shall mean the States of Oregon
and
     C. “Water,” “waters” or “water resources”
shall mean any water appearing on the surface of the ground in streams, lakes,
or otherwise, and any water beneath the land surface or beneath the bed of any
stream, lake, reservoir or other body of surface water within the boundaries of
Goose Lake Basin.
ARTICLE III
DISTRIBUTION AND USE OF WATER
     A. There are hereby recognized vested
rights to the use of waters originating in
     B. Except as provided in this Article,
this compact shall not be construed as affecting or interfering with
appropriation under the laws of
     C. Export of water from
     D. Each state hereby grants the right for
a person to construct and operate facilities for the measurement, diversion,
storage and conveyance of water from the Goose Lake Basin in one state for use
within the basin in the other state, providing the right to such use is secured
by appropriation under the general laws administered by the Water Resources
Director of the State of Oregon or the Water Rights Board of California and the
laws of the state from which the water is to be taken shall control.
     E. Should any facilities be constructed in
one state to implement use of water in the other state, the construction,
operation, repairs and replacement of such facilities shall be subject to the
laws of the state in which the facilities are constructed.
ARTICLE IV
ADMINISTRATION
     No commission or administrative body is
necessary to administer this compact.
ARTICLE V
TERMINATION
     This compact may be terminated at any time
by consent of the legislatures of
ARTICLE VI
GENERAL PROVISIONS
     Nothing in this compact shall be construed
to limit, or prevent any state from instituting or maintaining any action or
proceeding, legal or equitable, in any court having jurisdiction thereof for
the protection of any right under this compact or the enforcement of any of its
provisions.
ARTICLE VII
RATIFICATION
     A. This compact shall become operative
when ratified by the legislatures of
     B. This compact shall remain in full force
and effect until amended in the same manner as is required for it to be
ratified to become operative or until terminated.
     C. A copy of any proposed amendments to or
termination of this compact shall be filed with the Board of Supervisors of
Modoc County, California, and the County Court of Lake County, Oregon, at least
30 days prior to any legislative consideration by the legislatures of the
States of California and Oregon.
ARTICLE VIII
FEDERAL RIGHTS
     Nothing in this compact shall be deemed:
     A. To impair or affect the existing rights
or powers of the
     B. To subject any property of the United
States of America, its agencies or instrumentalities to taxation by any state
or subdivision thereof, nor to create an obligation on the part of the United
States of America, its agencies or instrumentalities by reason of the
acquisition, construction or operation of any property or works of whatsoever
kind, to make any payments to any state or political subdivision thereof, state
agency, municipality or entity, whatsoever in reimbursement for the loss of
taxes.
     C. To subject any property of the
______________________________________________________________________________
[1963 c.473 §2]
     542.550
Content of
______________________________________________________________________________
     The contracting states do hereby agree as
follows:
ARTICLE I
     The purposes of this compact, entitled the
Columbia River Natural Resources Management Compact, are and shall be to
promote the better regional management and coordination of natural resources
management issues and other issues pertaining to the governance and use of the
Columbia River.
ARTICLE II
     This agreement shall become operative
immediately as to those states executing it in the form that is in accordance
with the laws of the executing states and the Congress has given its consent.
ARTICLE III
     Each state joining herein shall appoint,
as determined by state statutes, six legislators, three from the state Senate
and three from the state House of Representatives, to a commission hereby
constituted and designated as the Columbia River Governance Commission. Of the
members appointed, all may not belong to the same political party. This
commission shall be invested with the powers and duties set forth herein.
     The term of each commissioner of the
Columbia River Governance Commission shall be four years. A commissioner shall
hold office until a successor shall be appointed and qualified but such
successorÂ’s term shall expire four years from legal date of expiration of the
term of the predecessor. Vacancies occurring in the office of such commissioner
from any reason or cause shall be filled for the unexpired term, or a
commissioner may be removed from office, as provided by the statutes of the
state concerned. Each commissioner may delegate in writing from time to time,
to a deputy, the power to be present and participate, including voting as the
representative or substitute, at any meeting of or hearing by or other
proceeding of the commission.
     Voting powers under this compact shall be
limited to one vote for each state regardless of the number of representatives.
ARTICLE IV
     The duty of the Columbia River Governance
Commission shall be to assess programs of state and federal agencies responsible
for natural resource management issues and governance issues of the Columbia
River and to participate in decision-making by federal agencies on issues
affecting the use of and activities on the
     To that end the commission shall draft
and, after consultation with the advisory committee hereinafter authorized,
recommend to the Governors and legislative branches of the various signatory
states hereto legislation dealing with the governance and management of the
Columbia River and the natural resources related to the Columbia River over
which the signatory states jointly or separately now have or may hereafter
acquire jurisdiction. The commission shall, more than one month prior to any
regular meeting of the legislative branch in any state signatory hereto,
present to the Governor of such state its recommendations relating to
enactments by the legislative branch of that state in furthering the intents
and purposes of this compact.
     The commission shall consult with and advise
the pertinent administrative agencies in the signatory states of such
regulations as it deems advisable with regard to problems connected with the
governance and use of the
     The commission shall have power to
recommend to the federal government and to states signatory hereto management
strategies for the natural resources of the Columbia River and any changes to
federal or state statutes, regulations or rules necessary to the efficient and
sound governance of the
ARTICLE V
     The commission shall elect from its number
a chairperson and a vice chairperson and shall appoint and at its pleasure
remove or discharge such officers and employees as may be required to carry out
the provisions of this compact and shall fix and determine their duties,
qualifications and compensation. Said commission shall adopt rules and
regulations for the conduct of its business. It may establish and maintain one
or more offices for the transaction of its business and may meet at any time or
place within the territorial limits of the signatory states but must meet at
least once a year.
ARTICLE VI
     No action shall be taken by the commission
except by the affirmative vote of a majority of the whole number of compacting
states represented at any meeting. No recommendation shall be made by the
commission in regard to the management of natural resources related to, or the
governance and use of, the
ARTICLE VII
     The natural resource agencies of the
signatory states shall act in collaboration as the official research agency of
the Columbia River Governance Commission.
     An advisory committee to be representative
of such other interests of each state as the commission deems advisable shall
be established by the commission as soon as practicable for the purpose of
advising the commission upon such recommendations as it may desire to make.
ARTICLE VIII
     Nothing in this compact shall be construed
to limit the powers of any state or to repeal or prevent the enactment of any
legislation or the enforcement of any requirement by any state imposing
additional conditions and restrictions to conserve its natural resources.
ARTICLE IX
     Continued absence of representation or of
any representative on the commission from any state party hereto shall be
brought to the attention of the Governor thereof.
ARTICLE X
     The states that sign this compact agree to
make available annual funds for the support of the commission on the following
basis:
     Sixty percent (60%) of the annual budget
shall be shared equally by those member states having as a boundary the
     The annual contribution of each member
state shall be figured to the nearest one hundred dollars.
     This article shall become effective upon
its enactment by the States of Idaho,
ARTICLE XI
     This compact shall continue in force and
remain binding upon each state until renounced by it. Renunciation of this
compact must be preceded by sending six monthsÂ’ written notice of intention to
withdraw from the compact to the other parties hereto.
ARTICLE XII
     The State of
     This article shall become effective upon
its enactment by the States of Idaho,
______________________________________________________________________________
[1999 c.540 §1]
     Note: 542.550 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 542 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     542.610
     (2) The compact shall become effective
when it has been ratified by the legislatures of the States of California and
     Note: The Klamath River Basin Compact became
effective on September 11, 1957. The compact was ratified by the State of
     542.620
______________________________________________________________________________
ARTICLE I
PURPOSES
     The major purposes of this compact are,
with respect to the water resources of the
     A. To facilitate and promote the orderly,
integrated and comprehensive development, use, conservation and control thereof
for various purposes, including, among others: The use of water for domestic
purposes; the development of lands by irrigation and other means; the
protection and enhancement of fish, wildlife and recreational resources; the
use of water for industrial purposes and hydroelectric power production; and
the use and control of water for navigation and flood prevention.
     B. To further intergovernmental
cooperation and comity with respect to these resources and programs for their
use and development and to remove causes of present and future controversies by
providing (1) for equitable distribution and use of water among the two states
and the Federal Government, (2) for preferential rights to the use of water
after the effective date of this compact for the anticipated ultimate
requirements for domestic and irrigation purposes in the Upper Klamath River
Basin in Oregon and California, and (3) for prescribed relationships between
beneficial uses of water as a practicable means of accomplishing such
distribution and use.
ARTICLE II
DEFINITION OF TERMS
     As used in this compact:
     A. “
     B. “Upper Klamath River Basin” shall mean
the drainage area of the Klamath River and all its tributaries upstream from
the boundary between the States of California and Oregon and the closed basins
of Butte Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and
Crater Lake, as delineated on the official map of the Upper Klamath River Basin
approved on September 6, 1956, by the commissions negotiating this compact and
filed with the Secretaries of State of the two states and the General Services
Administration of the United States, which map is incorporated by reference and
made a part hereof.
     C. “Commission” shall mean the Klamath
River Compact Commission as created by Article IX of this compact.
     D. “Klamath Project” of the Bureau of Reclamation
of the Department of the Interior of the
     E. “Person” shall mean any individual or
any other entity, public or private, including either state, but excluding the
     F. “Keno” shall mean a point on the
Klamath River at the present needle dam, or any substitute control dam
constructed in section 36, township 39 south, range 7 east, Willamette Base and
     G. “Water” or “waters” shall mean waters
appearing on the surface of the ground in streams, lakes or otherwise,
regardless of whether such waters at any time were or will become ground water,
but shall not include water extracted from underground sources until after such
water is used and becomes surface return flow or waste water.
     H. “Domestic use” shall mean the use of
water for human sustenance, sanitation and comfort; for municipal purposes; for
livestock watering; for irrigation of family gardens; and for other like
purposes.
    Â
     J. “Irrigation use” shall mean the use of
water for production of agricultural crops, including grain grown for feeding
wildfowl.
ARTICLE III
DISTRIBUTION AND USE OF WATER
     A. There are hereby recognized vested
rights to the use of waters originating in the Upper Klamath River Basin
validly established and subsisting as of the effective date of this compact
under the laws of the state in which the use or diversion is made, including
rights to the use of waters for domestic and irrigation uses within the Klamath
Project. There are also hereby recognized rights to the use of all waters
reasonably required for domestic and irrigation uses which may hereafter be
made within the Klamath Project.
     B. Subject to the rights described in
subdivision A of this Article and excepting the uses of water set forth in
subdivision E of Article XI, rights to the use of unappropriated waters originating
within the Upper Klamath River Basin for any beneficial use in the Upper
Klamath River Basin, by direct diversion or by storage for later use, may be
acquired by any person after the effective date of this compact by
appropriation under the laws of the state where the use is to be made, as
modified by the following provisions of this subdivision B and subdivision C of
this Article, and may not be acquired in any other way:
     1. In granting permits to appropriate
waters under this subdivision B, as among conflicting applications to
appropriate when there is insufficient water to satisfy all such applications,
each state shall give preference to applications for a higher use over
applications for a lower use in accordance with the following order of uses:
     (a) Domestic use,
     (b) Irrigation use,
     (c) Recreational use, including use for
fish and wildlife,
     (d) Industrial use,
     (e) Generation of hydroelectric power,
     (f) Such other uses as are recognized
under the laws of the state involved.
These uses
are referred to in this compact as uses (a), (b), (c), (d), (e) and (f),
respectively. Except as to the superiority of rights to the use of water for
use (a) or (b) over the rights to the use of water for use (c), (d), (e) or
(f), as governed by subdivision C of this Article, upon a permit being granted
and a right becoming vested and perfected by use, priority in right to the use
of water shall be governed by priority in time within the entire Upper Klamath
River Basin regardless of state boundaries. The date of priority of any right
to the use of water appropriated for the purposes above enumerated shall be the
date of the filing of the application therefor, but such priority shall be
dependent on commencement and completion of construction of the necessary works
and application of the water to beneficial use with due diligence and within
the times specified under the laws of the state where the use is to be made.
Each state shall promptly provide the commission and the appropriate official
of the other state with complete information as to such applications and as to
all actions taken thereon.
     2. Conditions on the use of water under
this subdivision B in
     (a) That there shall be no diversion of
waters from the
     (b) That water diverted from Upper Klamath
Lake and the Klamath River and its tributaries upstream from Keno, Oregon, for
use in Oregon and not consumed therein and appearing as surface return flow and
waste water within the Upper Klamath River Basin shall be returned to the
Klamath River or its tributaries above Keno, Oregon.
     3. Conditions on the use of water under
this subdivision B in
     (a) That the waters diverted from the
Klamath River within the
     (b) That substantially all of the return
flows and waste water finally resulting from such diversions and use appearing
as surface waters in the Upper Klamath River Basin shall be made to drain so as
to be eventually returned to the Klamath River upstream from Keno, Oregon.
     C. 1. All rights, acquired by appropriation
after the effective date of this compact, to use waters originating within the
Upper Klamath River Basin for use (a) or (b) in the Upper Klamath River Basin
in either state shall be superior to any rights, acquired after the effective
date of this compact, to use such waters (i) for any purpose outside the
Klamath River Basin by diversion in California or (ii) for use (c), (d), (e) or
(f) anywhere in the Klamath River Basin. Such superior rights shall exist
regardless of their priority in time and may be exercised with respect to
inferior rights without the payment of compensation. But such superior rights
to use water for use (b) in
     2. The provisions of paragraph 1 of this
subdivision C shall not prohibit the acquisition and exercise after the
effective date of this compact of rights to store waters originating within the
Upper Klamath River Basin and to make later use of such stored water for any
purpose, as long as the storing of waters for such later use, while being
effected, does not interfere with the direct diversion or storage of such
waters for use (a) or (b) in the Upper Klamath River Basin.
ARTICLE IV
HYDROELECTRIC POWER
     It shall be the objective of each state,
in the formulation and the execution and the granting of authority for the
formulation and execution of plans for the distribution and use of the water of
the Klamath River Basin, to provide for the most efficient use of available
power head and its economic integration with the distribution of water for
other beneficial uses in order to secure the most economical distribution and
use of water and lowest power rates which may be reasonable for irrigation and
drainage pumping, including pumping from wells.
ARTICLE V
INTERSTATE DIVERSION AND STORAGE RIGHTS;
MEASURING DEVICES
     A. Each state hereby grants for the
benefit of the other and its designees the right to construct and operate
facilities for the measurement, diversion, storage and conveyance of water from
the Upper Klamath River Basin in one state for use in the other insofar as the
exercise of such right may be necessary to effectuate and comply with the terms
of this compact. The location of such facilities shall be subject to approval
by the commission.
     B. Each state or its designee, exercising
within the jurisdiction of the other a right granted under subdivision A of
this Article, shall make provision for the establishment, operation and
maintenance of permanent gaging stations at such points on streams or reservoir
or conveyance facilities as may be required by the commission for the purpose
of ascertaining and recording the volume of diversions by the streams or
facilities involved. Said stations shall be equipped with suitable devices for
determining the flow of water at all times. All information obtained from such
stations shall be compiled in accordance with the standards of the United
States Geological Survey, shall be filed with the commission, and shall be
available to the public.
ARTICLE VI
ACQUISITION OF PROPERTY FOR STORAGE AND
DIVERSION;
IN LIEU TAXES
     A. Subject to approval of the commission,
either state shall have the right (1) to acquire such property rights in the
other state as are necessary for the diversion, storage, conveyance,
measurement and use of water in conformity with this compact, by donation or
purchase, or (2) to elect to have the other state acquire such property rights
for it by purchase or through the exercise of the power of eminent domain. A
state making the latter election shall make a written request therefor and the
other state shall expeditiously acquire said property rights either by purchase
at a price satisfactory to the requesting state, or, if such purchase cannot be
made, then through the exercise of its power of eminent domain, and shall
convey said property rights to the requesting state or its designee. All costs
of such acquisition shall be paid by the requesting state. Neither state shall
have any greater power to acquire property rights for the other state through
the exercise of the power of eminent domain than it would have under its laws
to acquire the same property rights for itself.
     B. Should any diversion, storage or
conveyance facilities be constructed or acquired in either state for the
benefit of the other state, as herein provided, the construction, repair,
replacement, maintenance and operation of such facilities shall be subject to
the laws of the state in which the facilities are located, except that the
proper officials of that state shall permit the storage, release and conveyance
of any water to which the other state is entitled under this compact.
     C. Either state having property rights
other than water rights in the other state acquired as provided in this Article
shall pay to each political subdivision of the state in which such property
rights are located, each and every year during which such rights are held, a
sum of money equivalent to the average annual amount of taxes assessed against
those rights during the 10 years preceding the acquisition of such rights in
reimbursement for the loss of taxes to such political subdivisions of the
state. Payments so made to a political subdivision shall be in lieu of any and
all taxes by that subdivision on the property rights for which the payments are
made.
ARTICLE VII
POLLUTION CONTROL
     A. The states recognize that the growth of
population and the economy of the
     B. To aid in such pollution abatement and
control, the commission shall have the duty and power:
     1. To cooperate with the states or
agencies thereof or other entities and with the United States for the purpose
of promoting effective laws and the adoption of effective regulations for
abatement and control of pollution of the waters of the Klamath River Basin,
and from time to time to recommend to the governments reasonable minimum
standards for the quality of such waters.
     2. To disseminate to the public by any and
all appropriate means information respecting pollution abatement and control in
the waters of the Klamath River Basin and on the harmful and uneconomic results
of such pollution.
     C. Each state shall have the primary
obligation to take appropriate action under its own laws to abate and control
interstate pollution, which is defined as the deterioration of the quality of
the waters of the Upper Klamath River Basin within the boundaries of such state
which materially and adversely affects beneficial uses of waters of the Klamath
River Basin in the other state. Upon complaint to the commission by the state
water pollution control agency of one state that interstate pollution
originating in the other state is not being prevented or abated, the procedure
shall be as follows:
     1. The commission shall make an
investigation and hold a conference on the alleged interstate pollution with
the water pollution control agencies of the two states, after which the
commission shall recommend appropriate corrective action.
     2. If appropriate corrective action is not
taken within a reasonable time, the commission shall call a hearing, giving
reasonable notice in writing thereof to the water pollution control agencies of
the two states and to the person or persons which it is believed are causing
the alleged interstate pollution. Such hearing shall be held in accordance with
rules and regulations of the commission, which shall conform as nearly as
practicable with the laws of the two states governing administrative hearings.
At the conclusion of such hearing, the commission shall make a finding as to
whether interstate pollution exists, and if so, shall issue to any person or
persons which the commission finds are causing such interstate pollution an
order or orders for correction thereof.
     3. It shall be the duty of the person
against whom any such order is issued to comply therewith. Any court of general
jurisdiction of the state where such discharge is occurring or the United
States District Court for the district where the discharge is occurring shall
have jurisdiction, on petition of the commission for enforcement of such order,
to compel action by mandamus, injunction, specific performance, or any other
appropriate remedy, or on petition of the person against whom the order is
issued to review any order. At the conclusion of such enforcement or review
proceedings, the court may enter such decree or judgment affirming, reversing,
modifying, or remanding such order as in its judgment is proper in the
circumstances on the basis of the rules customarily applicable in proceedings
for court enforcement or review of administrative actions.
     D. The water pollution control agencies of
the two states shall, from time to time, make available to the commission all
data relating to the quality of the waters of the Upper Klamath River Basin
which they possess as the result of studies, surveys and investigations thereof
which they may have made.
ARTICLE VIII
MISCELLANEOUS
     A. Subject to vested rights as of the
effective date of this compact, there shall be no diversion of waters from the
basin of Jenny Creek to the extent that such waters are required, as determined
by the commission, for use on land within the basin of Jenny Creek.
     B. Each state shall exercise whatever
administrative, judicial, legislative or police powers it has that are required
to provide any necessary reregulation or other control over the flow of the
Klamath River downstream from any hydroelectric power plant for protection of
fish, human life or property from damage caused by fluctuations resulting from
the operation of such plant.
ARTICLE IX
ADMINISTRATION
     A. 1. There is hereby created a commission
to administer this compact. The commission shall consist of three members. The
representative of the State of
     2. The representative of each state shall
be entitled to one vote in the commission. The representative of the
     3. The commission shall meet to establish
its formal organization within 60 days after the effective date of this
compact, such meeting to be at the call of the Governors of the two states. The
commission shall then adopt its initial set of rules and regulations governing
the management of its internal affairs providing for, among other things, the
calling and holding of meetings, the adoption of a seal, and the authority and
duties of the chairman and executive director. The commission shall establish
its office within the
     4. The commission shall appoint an executive
director, who shall also act as secretary, to serve at the pleasure of the
commission and at such compensation, under such terms and conditions and
performing such duties as it may fix. The executive director shall be the
custodian of the records of the commission with authority to affix the
commissionÂ’s official seal, and to attest to and certify such records or copies
thereof. The commission, without regard to the provisions of the civil service
laws of either state, may appoint and discharge such consulting, clerical and
other personnel as may be necessary for the performance of the commissionÂ’s
functions, may define their duties, and may fix and pay their compensation. The
commission may require the executive director and any of its employees to post
official bonds, and the cost thereof shall be paid by the commission.
     5. All records, files and documents of the
commission shall be open for public inspection at its office during established
office hours.
     6. No member, officer or employee of the
commission shall be liable for injury or damage resulting from (a) action taken
by such member, officer or employee in good faith and without malice under the
apparent authority of this compact, even though such action is later judicially
determined to be unauthorized, or (b) the negligent or wrongful act or omission
of any other person, employed by the commission and serving under such officer,
member or employee, unless such member, officer or employee either failed to
exercise due care in the selection, appointment or supervision of such other
person, or failed to take all available action to suspend or discharge such
other person after knowledge or notice that such other person was inefficient
or incompetent to perform the work for which he was employed. No suit may be
instituted against a member, officer or employee of the commission for damages
alleged to have resulted from the negligent or wrongful act or omission of such
member, officer or employee or a subordinate thereof occurring during the
performance of his official duties unless, within 90 days after occurrence of
the incident, a verified claim for damages is presented in writing and filed
with such member, officer or employee and with the commission. In the event of
a suit for damages against any member, officer or employee of the commission on
account of any act or omission in the performance of his or his subordinatesÂ’
official duties, the commission shall arrange for the defense of such suit and
may pay all expenses therefor on behalf of such member, officer or employee.
The commission may at its expense insure its members, officers and employees
against liability resulting from their acts or omissions in the performance of
their official duties. Nothing in this paragraph shall be construed as imposing
any liability upon any member, officer or employee of the commission that he
would otherwise not have.
     7. The commission may incur obligations
and pay expenses which are necessary for the performance of its functions. But
it shall not pledge the credit of any government except by and with the
authority of the legislative body thereof given pursuant to and in keeping with
the constitution of such government, nor shall the commission incur any
obligations prior to the availability of funds adequate to meet them.
     8. The commission may:
     (a) Borrow, accept or contract for the
services of personnel from any government or agency thereof, from any
intergovernmental agency, or from any other entity.
     (b) Accept for any of its purposes and
functions under this compact any and all donations, gifts, grants of money,
equipment, supplies, materials and services from any government or agency
thereof or intergovernmental agency or from any other entity.
     (c) Acquire, hold and dispose of real and
personal property as may be necessary in the performance of its functions.
     (d) Make such studies, surveys and
investigations as are necessary in carrying out the provisions of this compact.
     9. All meetings of the commission for the
consideration of and action on any matters coming before the commission, except
matters involving the management of internal affairs of the commission and its
staff, shall be open to the public. Matters coming within the exception of this
paragraph may be considered and acted upon by the commission in executive
sessions under such rules and regulations as may be established therefor.
     10. In the case of the failure of the two
voting members of the commission to agree on any matter relating to the
administration of this compact as provided in paragraph 2 of this subdivision
A, the representative from each state shall appoint one person and the two
appointed persons shall appoint a third person. The three appointees shall sit
as an arbitration forum. The terms of appointment and the compensation of the
members of the arbitration forum shall be fixed by the commission. Matters on
which the two voting members of the commission have failed to agree shall be
decided by a majority vote of the members of the arbitration forum. Each state
obligates itself to abide by the decision of the arbitration forum, subject,
however, to the right of each state to have the decision reviewed by a court of
competent jurisdiction.
     11. The commission shall have the right of
access, through its authorized representatives, to all properties in the
Klamath River Basin whenever necessary for the purpose of administration of
this compact. The commission may obtain a court order to enforce its right of
access.
     B. 1. The commission shall submit to the
Governor or designated officer of each state a budget of its estimated
expenditures for such period and at such times as may be required by the laws
of that state for presentation to the legislature thereof. Each state pledges
itself to appropriate and pay over to the commission one-half of the amount
required to finance the commissionÂ’s estimated expenditures as set forth in
each of its budgets, and pledges further that concurrently with approval of
this compact by its legislature the sum of not less than $12,000 will be
appropriated by it to be paid over to the commission at its first meeting for
use in financing the commissionÂ’s functions until the commission can prepare
its first budget and receive its first appropriation thereunder from the
states.
     2. The commission shall keep accurate
accounts of all receipts and disbursements, which shall be audited yearly by a
certified public accountant, and the report of the audit shall be made a part
of its annual report. The accounts of the commission shall be open for public
inspection during established office hours.
     3. The commission shall make and transmit
to the legislature and Governor of each state and to the President of the
     C. 1. The commission shall have the power
to adopt, and to amend or repeal, such rules and regulations to effectuate the
purposes of this compact as in its judgment may be appropriate.
     2. Except as to matters involving
exclusively the management of the internal affairs of the commission and its
staff or involving emergency matters, prior to the adoption, amendment or
repeal of any rule or regulation the commission shall hold a hearing at which
any interested person shall have the opportunity to present his views on the
proposed action in writing, with or without the opportunity to present the same
orally. The commission shall give adequate advance notice in a reasonable
manner of the time, place and subject of such hearings.
     3. Emergency rules and regulations may be
adopted without a prior hearing, but in such case they may be effective for not
longer than 90 days.
     4. The commission shall publish its rules
and regulations in convenient form.
ARTICLE X
STATUS OF INDIAN RIGHTS
     A. Nothing in this compact shall be
deemed:
     1. To affect adversely the present rights
of any individual Indian, tribe, band or community of Indians to the use of the
waters of the
     2. To deprive any individual Indian,
tribe, band or community of Indians of any rights, privileges, or immunities
afforded under federal treaty, agreement or statute.
     3. To affect the obligations of the United
States of America to the Indians, tribes, bands or communities of Indians, and
their reservations.
     4. To alter, amend or repeal any of the
provisions of the Act of August 13, 1954, (68 Stat. 718) as it may be amended.
     B. Lands within the Klamath Indian
Reservation which are brought under irrigation after the effective date of this
compact, whether before or after section 14 of said Act of August 13, 1954,
becomes fully operative, shall be taken into account in determining whether the
200,000 acre limitation provided in paragraph 1 of subdivision C of Article III
has been reached.
ARTICLE XI
FEDERAL RIGHTS
     Nothing in this compact shall be deemed:
     A. To impair or affect any rights, powers
or jurisdiction of the United States, its agencies or those acting by or under
its authority, in, over and to the waters of the Klamath River Basin, nor to
impair or affect the capacity of the United States, its agencies or those
acting by or under its authority in any manner whatsoever, except as otherwise
provided by the federal legislation enacted for the implementation of this
compact as specified in Article XIII.
     B. To subject any property of the
     C. To subject any works or property of the
United States, its agencies, instrumentalities or those acting by or under its
authority, used in connection with the control or use of waters which are the
subject of this compact, to the laws of any state to an extent other than the
extent to which those laws would apply without regard to this compact, except
as otherwise provided by the federal legislation enacted for the implementation
of this compact as specified in Article XIII.
     D. To affect adversely the existing areas
of Crater Lake National Park or Lava Beds National Monument, or to limit the
operation of laws relating to the preservation thereof.
     E. To apply to the use of water for the
maintenance, on the scale at which such land and water areas are maintained as
of the effective date of this compact, of officially designated waterfowl
management areas, including water consumed by evaporation and transpiration on
water surface areas and water used for irrigation or otherwise in the Upper
Klamath River Basin; nor to affect the rights and obligations of the United
States under any migratory bird treaty or the Migratory Bird Conservation Act
(45 Stat. 1222), as amended to the effective date of this compact.
ARTICLE XII
GENERAL PROVISIONS
     A. Each state and all persons using,
claiming or in any manner asserting any right to the use of the waters of the
Klamath River Basin under the authority of either state shall be subject to the
terms of this compact.
     B. Nothing in this compact shall be
construed to limit or prevent either state from instituting or maintaining any
action or proceeding, legal or equitable, in any court of competent
jurisdiction for the protection of any right under this compact or the
enforcement of any of its provisions.
     C. Should a court of competent
jurisdiction hold any part of this compact to be contrary to the Constitution
of either state or the United States, all other provisions shall continue in
full force and effect, unless it is authoritatively and finally determined
judicially that the remaining provisions cannot operate for the purposes, or
substantially in the manner, intended by the states independently of the
portions declared unconstitutional or invalid.
     D. Except as to matters requiring the
exercise of discretion by the commission, the provisions of this compact shall
be self-executing and shall by operation of law be conditions of the various
state permits, licenses or other authorizations relating to the waters of the
Klamath River Basin issued after the effective date of this compact.
     E. The physical and other conditions
peculiar to the
ARTICLE XIII
RATIFICATION
     A. This compact shall become effective
when ratified by the legislature of each signatory state, and when consented to
by an Act of Congress of the
     B. The Act of Congress referred to in
subdivision A of this Article shall provide that the United States or any
agency thereof, and any entity acting under any license or other authority
granted under the laws of the United States (referred to in this Article as “the
United States”), in connection with developments undertaken after the effective
date of this compact pursuant to laws of the United States, shall comply with
the following requirements:
     1. The
     2. The United States shall not, without
payment of just compensation, impair any rights to the use of water for use (a)
or (b) within the Upper Klamath River Basin by the exercise of any powers or
rights to use or control water (i) for any purpose whatsoever outside the
Klamath River Basin by diversions in California or (ii) for any purpose
whatsoever within the Klamath River Basin other than use (a) or (b). But the
exercise of powers and rights by the United States shall be limited under this
paragraph 2 only as against rights to the use of water for use (a) or (b)
within the Upper Klamath River Basin which are acquired as provided in
subdivision B of Article III after the effective date of this compact, but only
to the extent that annual depletions in the flow of the Klamath River at Keno
resulting from the exercise of such rights to use water for uses (a) and (b) do
not exceed 340,000 acre-feet in any one calendar year.
     3. The
     4. The
     5. The United States, with respect to any
irrigation or reclamation development undertaken by the United States in the
Upper Klamath River Basin in California, shall provide that substantially all
of the return flows and waste water finally resulting from such diversions and
use appearing as surface waters in the Upper Klamath River Basin shall be made
to drain so as to be eventually returned to the Klamath River upstream from
Keno, unless the Secretary of the Interior shall determine that compliance with
this requirement would render it less feasible than under an alternate plan of
development, in which event such return flows and waste waters shall be
returned to the Klamath River at a point above Copco Lake.
     C. Upon enactment of the Act of Congress
referred to in subdivision A of this Article and so long as such Act shall be
in effect, the
     D. Such Act of Congress shall not be
construed as relieving the
ARTICLE XIV
TERMINATION
     This compact may be terminated at any time
by legislative consent of both states, but despite such termination, all rights
then established hereunder or recognized hereby shall continue to be recognized
as valid by the states.
______________________________________________________________________________
[1957 c.142 §2]
     542.630
Water Resources Director to represent state in administering the
TEST STUDY OF
INTEGRATED LAND-WATER MANAGEMENT
     542.710
Test stream and watershed study. (1) The Department of Higher Education, under the direction of the
State Board of Higher Education acting through the Agricultural Experiment
Station of Oregon State University, is authorized to conduct a test stream and
watershed study in order to ascertain in a scientific manner the interrelation
between all factors operating in watersheds upon maximum resource productivity
of the area for the greatest public benefit.
     (2) In conducting the study the Department
of Higher Education, under the direction of the State Board of Higher Education
acting through the Agricultural Experiment Station of Oregon State University,
may:
     (a) Enlist the cooperation of other state
agencies concerned with fields under study and may reimburse such agencies for
use made of facilities and personnel.
     (b) Acquire the services of other persons
as necessary for the purposes of this section. [Formerly 184.460]
     542.720
Assistance and grants for study. For purposes of ORS 542.710, the State Board of Higher Education may
accept assistance and grants in the form of real or personal property, money,
labor, equipment or technical assistance from the United States or any of its
agencies, political subdivisions or from other persons subject to the
conditions imposed thereon regardless of conflicting state law and may, unless
enjoined by the terms of the grant or donation, convert the same into money to
be used for the purposes of ORS 542.710. [Formerly 184.470]
WATERSHED
PROTECTION AND FLOOD PREVENTION PROJECTS
     542.750
Cooperative studies of projects under federal Watershed Protection
and Flood Prevention Act.
(1) The Water Resources Commission may make surveys and investigations and
prepare plans, specifications, estimates and other data, as in the commissionÂ’s
judgment can accomplish the purposes of the Watershed Protection and Flood
Prevention Act. As soon as practicable after completion the commission shall
prepare, or have prepared, a report setting forth the results of the surveys
and investigations. All work performed by the commission under this section
shall be correlated with that performed by the United States Natural Resources
Conservation Service, or its successor agency, under the Watershed Protection
and Flood Prevention Act.
     (2) The commission, on behalf of the State
of Oregon, may enter into contracts or agreements with any agencies of the
United States Department of Agriculture for the execution of surveys and
investigations and the preparation of plans, specifications and estimates or
other data to determine costs and feasibility of reservoir or other works of
improvement that may be constructed under the provisions of the Watershed
Protection and Flood Prevention Act, as amended.
     (3) The intent of this section is to
expedite the investigation and planning of works of improvement that may be
constructed under the Watershed Protection and Flood Prevention Act to reduce
the delay in time occurring between initiation of a project and beginning of
construction. [1961 c.617 §§1,2; 1965 c.95 §1; 1985 c.673 §138; 1997 c.249 §181;
2003 c.14 §347]
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