There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 13, Chapters 536 - 644
ORS Chapter 541
- 541.010 Furnishing of water for certain purposes declared to be a public use; rates; amendment of law.
- 541.020 Construction of ditches and canals by corporation; route across lands.
- 541.030 Ditches and canals across state lands; grant of right of way.
- 541.040 Headgate; mode of construction.
- 541.050 Leakage or overflow; liability; exception.
- 541.055 District liability for seepage and leakage from water or flood control works; limitation on commencement of action.
- 541.060 Waste of water; flooding premises; unnecessary diversion.
- 541.070 Ditches, canals and flumes as real estate.
- 541.080 Suits involving water rights; parties; decree as to priorities.
- 541.110 Use of water to develop mineral resources and furnish power.
- 541.120 Ditches and canals through lands; use of existing ditch by others than owner; joint liability.
- 541.130 Right of way for ditches across state lands.
- 541.210 [Repealed by 1953 c.328 2] APPROPRIATION OF WATER BY THE UNITED STATES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.
- 541.230 State lands within irrigated area; restrictions on sale; conveyance of lands needed by United States.
- 541.240 Right of way for ditches and canals; reservation in conveyances.
- 541.250 Cession to United States not rescinded.
- 541.310 Suits for determination of rights; parties; survey of stream; disbursements.
- 541.320 Decrees adjudicating rights; filing; statement as to matters adjudicated.
- 541.325 Definitions for ORS 541.327 to 541.333.
- 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.
- Note: See note under 541.325.
- 541.329 Petition for approval of district map; contents; notice to users; corrections.
- Note: See note under 541.325.
- 541.331 Protest against approval of petition; hearing; issuance of water right certificate; land subject to inclusion.
- Note: See note under 541.325.
- 541.333 Application for change of place of use, point of diversion or use; contents; form of map.
- 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- 541.345 [Formerly 536.600; repealed by 1999 c.1026 29]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)]
- 541.351 [1999 c.1026 2 (enacted in lieu of 541.350); 2011 c.643 7; renumbered 541.890 in 2011]
- 541.353 [1999 c.1026 4 (enacted in lieu of 541.347); renumbered 541.895 in 2011]
- 541.355 [1987 c.734 2; 1995 c.187 2; 1999 c.1026 20; repealed by 2001 c.841 5]
- 541.360 [1987 c.734 3; 1995 c.187 3; 1999 c.1026 8; 2011 c.643 20; renumbered 541.900 in 2011]
- 541.362 [1999 c.1026 9; renumbered 541.902 in 2011]
- 541.363 [1999 c.1026 10; renumbered 541.904 in 2011]
- 541.365 [1987 c.734 5; 2001 c.841 3a; 2001 c.842 1; renumbered 541.920 in 2011]
- 541.368 [1999 c.1026 6; renumbered 541.918 in 2011]
- 541.370 [1987 c.734 6; 1995 c.187 4; 1997 c.8 8; 1999 c.59 174; 1999 c.1026 11; 2001 c.708 15; 2011 c.643 21; renumbered 541.926 in 2011]
- 541.371 [1999 c.1026 12; 2011 c.643 18; renumbered 541.929 in 2011]
- 541.372 [1991 c.657 2; renumbered 541.949 in 2011]
- 541.373 [2003 c.452 3; 2011 c.643 17; renumbered 541.950 in 2011]
- 541.375 [1987 c.734 7; 1989 c.171 71; 1995 c.187 5; 1997 c.7 8; 1999 c.1026 13; 2011 c.643 22,30a; renumbered 541.932 in 2011]
- 541.376 [2001 c.645 2; 2011 c.643 23; renumbered 541.960 in 2011]
- 541.377 [1999 c.1026 7; 2003 c.14 346; 2011 c.643 1; renumbered 541.940 in 2011]
- 541.378 [1999 c.1026 7a; 2007 c.217 6; repealed by 2011 c.643 25]
- 541.379 [1999 c.1026 7b; 2011 c.643 26; renumbered 541.953 in 2011]
- 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 [2001 c.708 13; 2007 c.608 3; renumbered 541.937 in 2011]
- 541.382 [Formerly 541.385; repealed by 1999 c.1026 29]
- 541.384 [1993 c.601 2; 1995 c.187 6; renumbered 541.923 in 2011]
- 541.385 [1987 c.734 4; renumbered 541.382 in 1995]
- 541.388 [1993 c.601 3; 1995 c.187 7; 1999 c.300 1; renumbered 541.910 in 2011]
- 541.390 [1987 c.734 9; 2001 c.104 228; renumbered 541.912 in 2011]
- 541.392 [Formerly 541.400; 1999 c.1026 15; 2011 c.643 24; renumbered 541.963 in 2011]
- 541.395 [1987 c.734 10; renumbered 541.965 in 2011]
- 541.396 [Formerly 541.380; 2007 c.354 19; renumbered 541.906 in 2011]
- 541.397 [1997 c.8 4; 1999 c.1026 15b; 2011 c.643 28; renumbered 541.954 in 2011]
- 541.399 [1997 c.8 5; 1999 c.1026 16; repealed by 2011 c.643 15]
- 541.400 [1993 c.601 4; 1995 c.187 8; renumbered 541.392 in 1997]
- 541.401 [1997 c.8 6; 2011 c.643 14; renumbered 541.958 in 2011]
- 541.403 [1997 c.8 7; repealed by 1999 c.1026 29]
- 541.405 [1997 c.7 1; 1999 c.270 3; 1999 c.1026 5; 2001 c.841 4; 2003 c.452 1; 2007 c.354 20; renumbered 541.898 in 2011]
- 541.407 [1997 c.7 4; 1999 c.244 1; 1999 c.270 6; 1999 c.1026 21; 2007 c.354 21; repealed by 2011 c.272 25]
- 541.409 [1997 c.7 5; 1999 c.270 7; 1999 c.1026 22; 2007 c.354 22; renumbered 541.914 in 2011]
- 541.410 [Renumbered 541.430 in 1997]
- 541.411 [1997 c.7 10; 1999 c.270 8; 2007 c.354 23; renumbered 541.916 in 2011]
- 541.413 [1997 c.7 13; 1999 c.270 9; 1999 c.1026 23; 2007 c.354 24; renumbered 541.967 in 2011]
- 541.415 [1999 c.1026 17; renumbered 541.935 in 2011]
- 541.420 [2001 c.841 1; 2007 c.354 25; renumbered 541.972 in 2011] HABITAT STEWARDSHIP AGREEMENTS
- 541.423 Stewardship agreements; contents; procedures for adoption; rules.
- 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.
- 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.
- 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.
- 541.450 Definitions for ORS 541.450 to 541.460.
- 541.455 Splash dams unlawful.
- 541.460 Abatement proceedings by Attorney General.
- 541.510 Authority of Water Resources Commission to require signs warning public of stream level fluctuation.
- 541.515 Notice by commission when hazard created by release of stored water.
- 541.520 Procedure when owner or operator of structure fails to request hearing; order regulating release of water.
- 541.525 Hearing upon request of owner or operator of structure; notice and conduct of hearing.
- 541.530 Order of commission regulating release of water.
- 541.535 Installation of automatic stream level recording devices.
- 541.540 Procedure in emergency when release of water essential.
- 541.545 Compliance with orders of commission; enforcement.
- 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] WATER CONSERVATION, REUSE AND STORAGE GRANTS
- 541.561 Establishment of grant program; direct service cost payment; limitations; project evaluation.
- Note: 541.561 to 541.581 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.
- 541.565 [1987 c.855 9; renumbered 196.620 in 1989]
- 541.566 Planning studies eligible for grants or direct service cost payments.
- Note: See note under 541.561.
- 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]
- 541.576 Water Conservation, Reuse and Storage Investment Fund.
- Note: See note under 541.561.
- 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]
- 541.581 Rules for grant and direct service cost payment program.
- Note: See note under 541.561. (Umatilla Basin Aquifer Assessment)
- Note: Sections 5 to 7, chapter 13, Oregon Laws 2008, provide:
- Sec. 5.
- Sec. 6.
- Sec. 7.
- 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] WATER DEVELOPMENT IN COLUMBIA RIVER BASIN
- 541.600 Definitions for ORS 541.600 to 541.641 and temporary provisions relating to loans for Columbia River Basin projects.
- 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]
- 541.606 Water Investment Grant Fund.
- Note: 541.606 was added to and made a part of ORS chapter 541 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 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]
- 541.611 Application for grant from Water Investment Grant Fund; fee.
- 541.615 [1967 c.567 3; 1971 c.754 3; 1989 c.837 15; renumbered 196.680 and then 196.810 in 1989]
- 541.616 Incomplete applications; public notice of application; assessment of project.
- Note: The amendments to 541.616 by section 42, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.616. (1) If an application filed under ORS 541.611 lacks any required information, the Water Resources Department may reject the application or require the applicant to submit additional information. (2) Upon receipt of a completed application filed under ORS 541.611, the department shall provide public notice by posting the application on the department s website for a 60-day period prior to issuing a grant to the applicant. (3) The department shall provide for the receipt of public comment on the application during the 60-day period that the application is posted on the department website, as specified by the Water Resources Commission by rule. (4) The department shall review the application information filed under ORS 541.611. The department shall commence the assessment no later than 60 days after receiving the application. (5) The department shall assess each project in consultation with the State Department of Fish and Wildlife, the State Parks and Recreation Department, the Department of Environmental Quality and affected tribal governments, and with other interested parties as appropriate. If a project may affect agricultural use, the Water Resources Department shall also assess the project in consultation with the State Department of Agriculture. (6) In assessing the net environmental public benefit of the project, the Water Resources Department shall weigh the project s various environmental impacts on, and enhancements to, all of the forms of environmental benefit described in ORS 541.600 (2).
- 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]
- 541.621 Review of grant application; rules; project priority; mandatory considerations; net environmental public benefit.
- 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]
- 541.631 Conditions for approval of grant application; water storage project design requirements; protection of public benefit; waiver of conditions; rules.
- Note: Section 33, chapter 907, Oregon Laws 2009, provides:
- Sec. 33.
- 541.635 [1967 c.567 7; 1971 c.754 7; renumbered 196.715 and then 196.845 in 1989]
- 541.636 Conditions for issuance of grant; fees.
- 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)]
- 541.641 Exception to water measurement requirement.
- Note: The amendments to 541.641 by section 43, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.641. Notwithstanding ORS 541.631, the Water Resources Department may issue a grant under ORS 541.631 to an agricultural water supplier that fails to adequately demonstrate water measurement if: (1) The water development project otherwise qualifies for that grant as provided under ORS 541.631; and (2) The department finds that: (a) The applicant is seeking the grant for the purpose of implementing water measurement and the department has approved an implementation plan to ensure that the water measurement requirement is met; or (b) The applicant has secured funding from a source other than the state that will ensure implementation of water measurement.
- 541.645 [1967 c.567 9; 1971 c.754 9; 1989 c.837 17; renumbered 196.720 and then 196.855 in 1989]
- 541.646 Rules for grant and loan programs.
- Note: 541.646 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. (Temporary provisions relating to loans for Columbia River Basin projects)
- Note: Sections 20, 25 and 26, chapter 907, Oregon Laws 2009, provide:
- Sec. 20.
- Sec. 25.
- Sec. 26.
- Note: Section 34, chapter 907, Oregon Laws 2009, provides:
- Sec. 34.
- Note: Section 29, chapter 907, Oregon Laws 2009, provides:
- Sec. 29.
- 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.
- 541.703 Project applications; preference for approval.
- 541.705 Project applications; contents.
- Note: The amendments to 541.705 by section 35, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.705. (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 system s drinking water problems have been fully explored.
- 541.710 Processing project application; fee.
- Note: The amendments to 541.710 by section 36, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.710. (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 an application fee equal to the lesser of 0.10 percent of the loan applied for or $2,500. In addition, the commission may require the applicant to pay for costs that exceed the application fee if the Water Resources Director determines that the costs are incurred solely in connection with processing the application. Before incurring the additional costs, the commission shall advise the applicant of the additional costs to be paid by the applicant. Moneys referred to in this subsection shall be paid into the Water Development Administration and Bond Sinking Fund. (3) The commission may establish a reduced application fee by rule for a water development project that is for fish protection or for watershed enhancement.
- 541.715 Applicant authorized to obtain private planning, engineering and construction services.
- 541.720 Conditions for project application approval.
- Note: The amendments to 541.720 by section 37, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.720. (1) The Water Resources Commission may approve the financing for the construction of a water development project described in an application filed under ORS 541.705, using moneys in the Water Development Fund secured by a first lien or by other good and sufficient collateral in the manner provided in ORS 541.740 if, after investigation, the commission finds that: (a) The proposed water development project is feasible and a reasonable risk from practical and economic standpoints; (b) 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; (c) The plan for construction and operation will provide multipurpose facilities, to the extent practicable; (d) The applicant is a qualified, credit-worthy and responsible water developer that meets the standards established by commission rule and is willing and able to enter into a contract with the commission for construction and repayment as provided in ORS 541.730; (e) Moneys in the Water Development Fund are or will be available for the construction of the proposed water development project; (f) There is a need for the proposed water development project, the proposed project is in the public interest and the applicant s financial resources are adequate to provide the working capital needed to operate and maintain the project; and (g) The construction cost associated with any secondary use does not exceed the construction cost of the primary use of the water development project. (2) ORS 541.700 to 541.855 do not limit the authority granted the Environmental Quality Commission or the Department of Environmental Quality under ORS chapter 468B.
- 541.725 Standards for borrowers; rules.
- Note: 541.725 was added to and made a part of 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. (Loan Contracts)
- 541.730 Loan contract; repayment plan; interest rate; other terms and conditions.
- 541.735 Payment of funds by State Treasurer pursuant to loan contract.
- 541.740 Liens and other loan security; foreclosure; rules.
- 541.741 Recovery of certain interest amounts.
- 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.
- 541.750 Repayment of moneys to Water Development Administration and Bond Sinking Fund.
- 541.755 [1977 c.246 14; 1991 c.944 7; 1995 c.79 304; repealed by 2009 c.907 15]
- 541.760 Reduction of loan amount when secondary use funding available.
- 541.765 Authorization for loans for certain federal projects.
- Note: The amendments to 541.765 by section 38, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.765. 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.
- 541.770 Federal project loan contract terms; foreclosure.
- 541.780 Bonds to provide project financing.
- 541.785 Disposition and use of bond proceeds.
- Note: The amendments to 541.785 by section 39, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.785. 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.
- 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.
- 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.
- 541.830 Water Development Administration and Bond Sinking Fund; sources; use; Governor s approval.
- Note: The amendments to 541.830 by section 40, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.830. (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 and additional processing costs paid under ORS 541.710 and loan processing fees under ORS 541.730. (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 that 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 commission 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, does not exceed $1. (6) The transfer amount authorized by subsection (5) of this section may be increased by the Emergency Board.
- 541.835 Water Development Fund; use.
- 541.840 Emergency Board request for funds to pay administrative expenses; repayment of board allocations.
- 541.845 Rules.
- 541.850 Commission acceptance of gifts or grants.
- Note: The amendments to 541.850 by section 41, chapter 907, Oregon Laws 2009, become operative January 2, 2024. See section 46 (3), chapter 907, Oregon Laws 2009. The text that is operative on and after January 2, 2024, is set forth for the user s convenience.
- 541.850. 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.
- 541.855 Biennial report to Legislative Assembly and Governor.
- 541.875 Dams and use of water for hydroelectric generation on North Umpqua prohibited; exceptions.
- 541.880 Responsibility of government entity for repair or maintenance costs of dams on North Umpqua.
- 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. WATERSHED MANAGEMENT AND ENHANCEMENT (Definitions)
- 541.890 Definitions for ORS 541.890 to 541.969.
- Note: 541.890 to 541.969 were added to and made a part of ORS chapter 541 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. (The Oregon Plan)
- 541.895 Legislative findings; principles of Oregon Plan; policy.
- Note: See note under 541.890.
- 541.898 Oregon Plan described; goals; elements; Governor to negotiate with federal government.
- Note: See note under 541.890. (Oregon Plan Administration)
- 541.900 Oregon Watershed Enhancement Board; officers; qualifications.
- Note: See note under 541.890.
- 541.902 Executive director of Oregon Watershed Enhancement Board; appointment.
- Note: See note under 541.890.
- 541.904 Authority of executive director to enter into interagency agreements.
- Note: See note under 541.890.
- 541.906 Rules.
- Note: See note under 541.890.
- 541.910 Voluntary local watershed councils; protection against liability.
- Note: See note under 541.890.
- 541.912 Duties of Natural Resources Division.
- Note: See note under 541.890.
- 541.914 Independent Multidisciplinary Science Team; duties; agency response to science team recommendations.
- Note: See note under 541.890.
- 541.916 Responsibilities of state agency participating in Oregon Plan.
- Note: See note under 541.890.
- 541.918 Implementation of grant programs.
- Note: See note under 541.890. (Watershed Enhancement Program)
- 541.920 Conduct of watershed enhancement program; integration of geographic information.
- Note: See note under 541.890.
- 541.923 Watershed management program; project funding; high priority watersheds.
- Note: See note under 541.890.
- 541.926 Duties of board; grant program; advisory committees.
- Note: See note under 541.890.
- 541.929 Duties of board; integrated watershed planning framework; expenditures.
- Note: See note under 541.890.
- 541.932 Watershed enhancement project assistance; criteria for funding approval; acquisition of interest in land or water.
- Note: See note under 541.890. (Program Funding)
- 541.935 Oregon Plan for Salmon and Watersheds Legal Fund; sources; uses.
- Note: See note under 541.890.
- 541.937 Flexible Incentives Account; sources; uses.
- Note: See note under 541.890.
- 541.940 Parks and Natural Resources Fund.
- Note: See note under 541.890.
- 541.942 Natural Resources Subaccount.
- Note: See note under 541.890.
- 541.945 Watershed Conservation Operating Fund; purposes.
- Note: 541.945 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.
- 541.947 Watershed Conservation Grant Fund.
- Note: See note under 541.890.
- 541.949 Authority of board to accept moneys; disposition.
- Note: See note under 541.890.
- 541.950 Authority of Governor to accept moneys; disposition.
- Note: See note under 541.890.
- 541.953 Watershed Improvement Operating Fund; sources; uses.
- Note: 541.953 (formerly 541.379) is repealed July 1, 2013. See section 27, chapter 643, Oregon Laws 2011.
- Note: See note under 541.890.
- 541.954 Watershed Improvement Grant Fund; sources; uses.
- Note: 541.954 (formerly 541.397) is repealed July 1, 2015. See section 29, chapter 643, Oregon Laws 2011.
- Note: See note under 541.890. (Program Projects)
- 541.956 Watershed Conservation Grant Fund purposes.
- Note: See note under 541.890.
- 541.958 Criteria for project receiving moneys from Watershed Conservation Grant Fund.
- Note: See note under 541.890.
- 541.960 Title restrictions on land purchased through grant agreement; rules.
- Note: See note under 541.890. (Reports)
- 541.963 Oregon Watershed Enhancement Board report to Legislative Assembly.
- Note: See note under 541.890.
- 541.965 State agency reports to be provided to board.
- Note: See note under 541.890.
- 541.967 Agency report to legislative committee prior to adjustment of expenditure limitation or additional funding related to Oregon Plan.
- Note: See note under 541.890.
- 541.969 Report to Legislative Assembly by state agencies receiving subaccount moneys.
- Note: See note under 541.890.
- 541.972 Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan.
- Note: 541.972 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.
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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