There Is a Newer Version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 13, Chapters 536 - 644
ORS Chapter 536
- 536.005 [1975 c.581 13; repealed by 1985 c.673 185] GENERAL PROVISIONS
- 536.007 Definitions.
- 536.008 [1975 c.581 14; 1985 c.421 4; repealed by 1985 c.673 185]
- 536.009 Water Resources Department Water Right Operating Fund; uses; sources.
- Note: 536.009 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 536.010 [Amended by 1955 c.707 66; 1973 c.792 23; repealed by 1975 c.581 29]
- 536.014 [1975 c.581 15; 1981 c.545 12; 1983 c.643 1; repealed by 1985 c.673 185]
- 536.015 Water Resources Department Hydroelectric Fund; uses; sources.
- 536.017 Records of expenditures from Water Resources Department Hydroelectric Fund.
- Note: 536.017 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 536.018 [1975 c.581 16; repealed by 1985 c.673 185]
- 536.020 [Repealed by 1955 c.707 75]
- 536.021 Water Measurement Cost Share Program Revolving Fund; uses; sources; prioritization.
- 536.022 Water Resources Commission; members; terms; confirmation; compensation and expenses.
- 536.025 Duty of commission; delegation to Water Resources Director; exception.
- 536.026 Powers of Water Resources Commission.
- 536.027 Rules and standards.
- 536.028 Rules pertaining to human or livestock consumption uses within or above scenic waterway.
- 536.029 [1985 c.673 11; 1989 c.980 14c; renumbered 536.026 in 1999]
- 536.030 [Repealed by 1975 c.581 29]
- 536.031 Applicability of rules to completed application for permit.
- 536.032 Water Resources Director; term; qualifications.
- 536.035 [1955 c.513 1; repealed by 1975 c.581 29]
- 536.037 Functions of director.
- 536.039 Water Resources Department.
- 536.040 Public records; copies as evidence.
- 536.045 Sending or receipt of documents in electronic form; rules; fees.
- Note: 536.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 536.050 Fees; rules; refunds; waiver and reduction of certain fees.
- Note: The amendments to 536.050 by section 12, chapter 819, Oregon Laws 2009, become operative July 1, 2013. See section 18, chapter 819, Oregon Laws 2009. The text that is operative on and after July 1, 2013, is set forth for the user s convenience.
- 536.050. (1) The Water Resources Department may collect the following fees in advance: (a) For examining an application for a permit: (A) To appropriate water, except as provided under ORS 543.280 for an application for a hydroelectric project: (i) A base fee of $500 for an appropriation of water through a single use, point of diversion or point of appropriation; (ii) $200 for the first second-foot or fraction thereof appropriated under the permit; (iii) $100 for each additional second-foot or fraction thereof appropriated under the permit; (iv) $200 for each additional use, point of diversion or point of appropriation included in the application; and (v) If appropriating stored water, $20 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1 for each additional acre-foot or fraction thereof. (B) To store water under ORS 537.400 or 537.534 (4): (i) A base fee of $500; and (ii) $20 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1 for each additional acre-foot or fraction thereof. (C) To exclusively appropriate stored water: (i) A base fee of $250; and (ii) $15 for the first acre-foot or fraction thereof up to 10 acre-feet, plus $1 for each additional acre-foot or fraction thereof. (b) For recording a permit to appropriate or store water, $300. (c) For filing and recording the assignment or partial assignment of a water right application, permit or license under ORS 537.220 or 537.635, $50. (d) For copying records in the department, $2 for the first page and 50 cents for each additional page. (e) For certifying copies, documents, records or maps, $10 for each certificate. (f) For a blueprint copy of any map or drawing, the actual cost of the work. (g) For a computer-generated map, the actual cost of the work. (h) For examining an application for approval of a change to an existing water right or permit: (A) A base fee of $400 for a change to a single water right or permit; (B) $400 for each additional type of change requested; (C) For a request for a change in place of use or type of use or for a water exchange under ORS 540.533, $200 for each second-foot or fraction thereof requested beyond the first second-foot; and (D) $200 for each additional water right or permit included in the application. (i) For examining an application for a temporary change in place of use under ORS 540.523, for a temporary transfer under ORS 540.585 or for a temporary change in place of use, a change in the point of diversion to allow for the appropriation of ground water or a change of a primary right to a supplemental right under ORS 540.570, a base fee of $200 for the first water right or permit, plus $50 for each additional water right or permit included in the application and: (A) For nonirrigation uses, $80 for each second-foot or fraction thereof requested beyond the first second-foot; or (B) For irrigation uses, $1 per acre of land irrigated or, if the application and required map are submitted to the department in a department-approved digital format, 25 cents per acre of land irrigated. (j) For submitting a protest to the department, $350. (k) For filing an application for extension of time within which irrigation or other works shall be completed or a water right perfected, $350. (L) For a limited license under ORS 537.143 or 537.534 (2), the fee established by rule by the Water Resources Commission. (m) For filing, examining and certifying a petition under ORS 541.329, $250 plus 10 cents per acre of water involved in the application. For purposes of computing this fee, when any acreage within a quarter quarter of a section is involved, the 10 cents per acre shall apply to all acres in that quarter quarter of a section. Notwithstanding the fee amount established in this paragraph, a district notifying the department under ORS 541.327 (4) shall pay the actual cost of filing, examining and certifying the petition. (n) For requesting standing under ORS 537.153, 537.621 or 543A.120, $100. (o) For participating in a contested case proceeding under ORS 537.170, 537.622 or 543A.130, $250. (p) Except for an applicant, for obtaining a copy of both a proposed final order and a final order for a water right application under ORS 537.140 to 537.252, 537.505 to 537.795 or 543A.005 to 543A.300 or an extension issued under ORS 537.230, 537.248 or 537.630, $10. (q) For examining an application to store water under ORS 537.409: (A) A base fee of $80; and (B) $20 for each acre-foot or fraction thereof. (r) For submitting a notice of intent under ORS 543A.030 or 543A.075, the amount established by the Water Resources Director under ORS 543A.410. (s) For examining an application for a substitution made under ORS 540.524, $280. (t) For examining an application for an allocation of conserved water under ORS 537.455 to 537.500, $700. (u) For submitting a water management and conservation plan pursuant to rules of the commission: (A) $250, if the plan is submitted by an agricultural water supplier; (B) $500, if the plan is submitted by a municipal water supplier serving a population of 1,000 or fewer persons; or (C) $1,000, if the plan is submitted by a municipal water supplier serving a population of more than 1,000 persons. (v) For examining a new application for an in-stream water right lease under ORS 537.348: (A) $200 for an application for a lease with four or more landowners or four or more water rights; or (B) $100 for all other applications. (w) For examining an application for an in-stream water right lease renewal, $50. (2) Notwithstanding the fees established under subsection (1) of this section, the commission may establish lower examination and permit fees by rule for: (a) The right to appropriate water for a storage project of five acre-feet or less; or (b) The right to appropriate water for the purpose of allowing the applicant to water livestock outside of a riparian area, as that term is defined in ORS 541.890. (3)(a) The director may refund all or part of a fee paid to the department under this section if the director determines that a refund of the fee is appropriate in the interests of fairness to the public or necessary to correct an error of the department. (b) The director may refund all or part of the protest fee described in subsection (1)(j) of this section to the legal owner or occupant who filed a protest under ORS 540.641 if an order of the Water Resources Commission establishes that all or part of a water right has not been canceled or modified under ORS 540.610 to 540.650. (4) The director may waive all or part of a fee for a change to a water right permit under ORS 537.211 (4), a change to a water right subject to transfer under ORS 540.520 or 540.523 or an allocation of conserved water under ORS 537.470, if the change or allocation of conserved water is: (a) Made pursuant to ORS 537.348; (b) Necessary to complete a project funded under ORS 541.932; or (c) Approved by the State Department of Fish and Wildlife as a change or allocation of conserved water that will result in a net benefit to fish and wildlife habitat. (5) Notwithstanding the fees established pursuant to this section, the commission may adopt by rule reduced fees for persons submitting materials to the department in a digital format approved by the department. (6) All moneys received under this section, less any amounts refunded under subsection (3) of this section, shall be deposited in the Water Resources Department Water Right Operating Fund. (7) Notwithstanding subsection (6) of this section, all fees received by the department for power purposes under ORS 543.280 shall be deposited in the Water Resources Department Hydroelectric Fund established by ORS 536.015.
- 536.055 Agreements to expedite processing and review of applications, permits and other administrative matters; fees.
- 536.060 [Repealed by 1971 c.734 21]
- 536.065 [1971 c.734 77; repealed by 1985 c.673 185]
- 536.070 [Amended by 1975 c.581 21a; repealed by 1985 c.673 185]
- 536.075 Judicial review of final order of commission or department; stay of order; scope of review.
- 536.080 Effect of records of former State Water Board and State Water Superintendent.
- 536.090 Ground water advisory committee; duties; qualification; term; expenses.
- 536.100 [1985 c.666 1; 1989 c.904 67; repealed by 1995 c.690 25,26]
- 536.104 [Formerly 536.110; repealed by 1995 c.690 25,26]
- 536.108 [Formerly 536.120; 1989 c.833 52; 1995 c.690 9; renumbered 468B.162 in 1995]
- 536.110 [1985 c.666 2; renumbered 536.104 in 1989]
- 536.112 [Formerly 536.130; 1995 c.690 10; renumbered 468B.164 in 1995]
- 536.116 [Formerly 536.140; repealed by 1995 c.690 25,26]
- 536.120 [1985 c.666 3; 1989 c.833 52; renumbered 536.108 in 1989]
- 536.121 [Formerly 536.150; repealed by 1995 c.690 25,26]
- 536.125 [1989 c.833 20; 1995 c.79 301; 1995 c.690 11; renumbered 468B.167 in 1995]
- 536.129 [1989 c.833 21; 1995 c.690 12; renumbered 468B.169 in 1995]
- 536.130 [1985 c.666 4; renumbered 536.112 in 1989]
- 536.133 [1989 c.833 22; 1995 c.690 13; renumbered 468B.171 in 1995]
- 536.137 [1989 c.833 24; 1995 c.690 14; renumbered 468B.166 in 1995]
- 536.140 [1987 c.409 1,2; renumbered 536.116 in 1989]
- 536.141 [1989 c.833 34; 1995 c.690 15; renumbered 468B.177 in 1995]
- 536.145 [1989 c.833 35; 1995 c.690 16; renumbered 468B.179 in 1995]
- 536.149 [1989 c.833 39; renumbered 468B.183 in 1995]
- 536.150 [1987 c.409 3; renumbered 536.121 in 1989]
- 536.153 [1989 c.833 40; 1995 c.690 17; renumbered 468B.182 in 1995]
- 536.157 [1989 c.833 41; 1993 c.18 127; 1995 c.690 18; renumbered 468B.184 in 1995]
- 536.161 [1989 c.833 42; renumbered 468B.186 in 1995]
- 536.165 [1989 c.833 43; 1995 c.690 19; renumbered 468B.187 in 1995]
- 536.169 [1989 c.833 44; 1995 c.690 20; renumbered 468B.188 in 1995]
- 536.210 [1955 c.707 2; 1965 c.355 1; 1975 c.581 22; repealed by 1985 c.673 185] WATER RESOURCES ADMINISTRATION
- 536.220 Policy on water resources generally; integrated state water resources strategy.
- 536.230 [1955 c.707 3; 1969 c.695 12; repealed by 1975 c.581 29]
- 536.235 Policy on minimum streamflows.
- 536.238 Policy on water storage facilities.
- Note: 536.238 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 536.240 [1955 c.707 4; 1969 c.314 63; repealed by 1975 c.581 29]
- 536.241 Policy on water supply.
- Note: 536.241 was added to and made a part of ORS chapter 536 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 536.250 [1955 c.707 5; 1969 c.706 64f; repealed by 1975 c.581 29]
- 536.260 [1955 c.707 6; repealed by 1975 c.581 29]
- 536.265 [1967 c.157 2; 1975 c.581 23; repealed by 1985 c.673 185]
- 536.270 [1955 c.707 7; repealed by 1975 c.581 29]
- 536.280 [1955 c.707 8; repealed by 1971 c.418 23]
- 536.290 [1955 c.707 9; 1967 c.156 1; repealed by 1975 c.581 29]
- 536.295 Conditions for consideration of application for use not classified in basin program; rules.
- 536.300 Formulation of state water resources program; public hearing in affected river basin.
- 536.310 Purposes and policies to be considered in formulating state water resources program.
- Note: The Legislative Counsel has not, pursuant to 173.160, undertaken to substitute specific ORS references for the words chapter 707, Oregon Laws 1955, in 536.310 and 536.330. Chapter 707, Oregon Laws 1955, enacted into law and amended the ORS sections which may be found by referring to the 1955 Comparative Section Table located in Volume 20 of Oregon Revised Statutes.
- 536.315 Designation of exact land areas included within auxiliary lands.
- 536.320 Limitation of powers of commission.
- 536.325 [1979 c.319 2; 1983 c.796 4; 1985 c.673 15; repealed by 1997 c.212 1]
- 536.330 Water Resources Act as supplemental to and including existing statutes.
- Note: See note under 536.310.
- 536.340 Classification of water as to highest and best use and quantity of use; enforcement of laws concerning loss of water rights; prescribing preferences for future uses.
- 536.350 Delivery of water resources statement to certain public bodies; effect.
- 536.360 State agencies and public corporations to conform to statement of state water resources policy.
- 536.370 Exercise of power in conflict with state water resources policy not effective until approved by commission.
- 536.380 Notification to commission of proposed exercise of power involving water resources required; review and determination by commission.
- 536.390 Approval without filing notification.
- 536.400 Application to court to compel compliance with state water resources policy.
- 536.410 Withdrawal of unappropriated waters from appropriation by commission order.
- 536.420 Representation of state in carrying out compacts and agreements with other governmental agencies regarding water resources.
- 536.430 Commission to devise plans and programs for development of water resources.
- 536.440 Investigations and studies.
- 536.450 Assistance by commission to other persons and agencies.
- 536.460 Preparation and submission of information or recommendations to other persons or agencies.
- 536.470 Coordination of local, state, interstate and federal programs.
- 536.480 Making available information concerning water resources.
- 536.490 Attendance at conferences and meetings.
- 536.500 Acceptance and expenditure of moneys from public and private sources.
- 536.510 [1955 c.707 26; repealed by 1985 c.673 185]
- 536.520 State agencies and public corporations furnishing information and services to commission.
- 536.530 [1955 c.707 29; repealed by 1975 c.581 29 and by 1975 c.605 33]
- 536.540 Approval of voucher claims.
- 536.550 [1955 c.707 30; repealed by 1985 c.673 185]
- 536.560 [1955 c.707 76; 1979 c.284 164; repealed by 1985 c.673 185] MISCELLANEOUS PROVISIONS
- 536.570 Moneys and securities of irrigation districts in possession of Water Resources Commission; deposit with State Treasurer.
- 536.580 Rights acquired prior to August 3, 1955, not affected.
- 536.590 Rights acquired prior to January 1, 1956, not affected.
- 536.595 Department discussions with Corps of Engineers over operation of Detroit Lake.
- Note: 536.595 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 536.600 [1993 c.765 104; renumbered 541.345 in 1995] EMERGENCY WATER SHORTAGE POWERS
- 536.700 Drainage basin defined.
- 536.710 Policy.
- 536.720 Declaration of state authority; Governor s power to order water conservation or curtailment plan.
- 536.730 Effect of emergency powers on vested water rights.
- 536.740 Governor s authority to declare drought.
- 536.750 Powers of commission after declaration of drought; rules.
- 536.760 Cessation of actions taken under ORS 536.750.
- 536.770 Purchase of option or agreement for use of water permit or right during declared drought; application; fee.
- 536.780 Water conservation or curtailment plans; contents; review; effect of failure to file or implement.
- 536.900 Civil penalties; imposition.
- Note: 536.900 to 536.935 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 536.905 Notice; application for hearing.
- Note: See note under 536.900.
- 536.910 Amount of penalty; rules.
- Note: See note under 536.900.
- 536.915 Remission or reduction of penalty.
- Note: See note under 536.900.
- 536.920 Factors to be considered in imposition of penalty.
- Note: See note under 536.900.
- 536.925 [1989 c.618 12; repealed by 1991 c.734 122]
- 536.930 Consequence of failure to follow order.
- Note: See note under 536.900.
- 536.935 Disposition of penalties; appropriation.
- Note: See note under 536.900. _______________
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