536.005 [1975 c.581 §13; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 536 — Water Resources Administration
128 sections536.007 Definitions
As used in ORS 196.600 to 196.921, 541.010 to 541.320, 541.386, 541.430 to 541.545 and 541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543: “Commission” means the Water Resources Commission. “Department” means the Water Resources Department. “Director” means the Water Resources Director. “Existing right” or “vested right” or words of similar impo…
536.008 [1975 c.581 §14; 1985 c.421 §4; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.009 Water Resources Department Water Right Operating Fund; uses; sources
There is established in the State Treasury the Water Resources Department Water Right Operating Fund, separate and distinct from the General Fund, to provide for the payment of the program and administrative expenses of the Water Resources Commission and the Water Resources Department in carrying out the provisions of ORS chapters 536, 537, 540 and 541. Inte…
536.010 [Amended by 1955 c.707 §66; 1973 c.792 §23; repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.014 [1975 c.581 §15; 1981 c.545 §12; 1983 c.643 §1; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.015 Water Resources Department Hydroelectric Fund; uses; sources
The Water Resources Department Hydroelectric Fund is established separate and distinct from the General Fund of the State Treasury. Except as provided in subsections (4) and (5) of this section, of the moneys in the Water Resources Department Hydroelectric Fund: A portion equal to 67 percent of the total moneys received each year shall be transferred to the…
536.017 Records of expenditures from Water Resources Department Hydroelectric Fund
The Water Resources Commission and the State Department of Fish and Wildlife shall maintain records of expenditures from the Water Resources Department Hydroelectric Fund established under ORS 536.015. The records shall account for costs imposed against specific operating hydroelectric projects and against projects in the process of obtaining a state or fede…
536.018 [1975 c.581 §16; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.020 [Repealed by 1955 c.707 §75]repealed
No operative statutory text appears at this designation in the selected edition.
536.021 Water Measurement Cost Share Program Revolving Fund; uses; sources; prioritization
The Water Measurement Cost Share Program Revolving Fund is established separate and distinct from the General Fund. All moneys in the Water Measurement Cost Share Program Revolving Fund are continuously appropriated to the Water Resources Department for the purposes described in this section. The fund established in this section consists of moneys appropria…
536.022 Water Resources Commission; members; terms; confirmation; compensation and expenses
There is created a Water Resources Commission consisting of seven members, appointed by the Governor, one of whom the Governor shall designate as chairperson. The members appointed to the commission shall be subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. One member of the commission shall be appointed from each of the five regi…
536.025 Duty of commission; delegation to Water Resources Director; exception
It is the function of the Water Resources Commission to establish the policies for the operation of the Water Resources Department in a manner consistent with the policies and purposes of ORS 196.600 to 196.921, 537.525, 541.010 to 541.320, 541.386, 541.430 to 541.545 and 541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543. In addition, the commissio…
536.026 Powers of Water Resources Commission
The Water Resources Commission, its members or a person designated by and acting for the commission may: Conduct public hearings. Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the commission. Administer oaths. Take or cause to be taken depositions and receive such pertinent a…
536.027 Rules and standards
In accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission shall adopt rules and standards to perform the functions vested by law in the commission. Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard before its adoption. The hearing may be before…
536.028 Rules pertaining to human or livestock consumption uses within or above scenic waterway
In accordance with applicable provisions of ORS chapter 183, the Water Resources Commission may adopt rules necessary to administer the provisions of ORS 390.835 pertaining to the issuance of a water right within or above a scenic waterway.
536.029 [1985 c.673 §11; 1989 c.980 §14c; renumbered 536.026 in 1999]renumbered
No operative statutory text appears at this designation in the selected edition.
536.030 [Repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.031 Applicability of rules to completed application for permit
Except as provided in subsection (2) of this section, the Water Resources Department may apply only those rules of the department that are in effect as of the date that a completed application is made for a permit in deciding whether to approve, deny or impose conditions on the permit. This section does not affect the application of any rule of the departme…
536.032 Water Resources Director; term; qualifications
Subject to confirmation by the Senate in the manner provided in section 4, Article III, Oregon Constitution, the Governor shall appoint a Water Resources Director. The director shall be an individual qualified by training and experience and shall serve for a term of four years at the pleasure of the Governor. The director or a principal assistant must be a r…
536.035 [1955 c.513 §1; repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.037 Functions of director
Subject to policy direction by the Water Resources Commission, the Water Resources Director shall: Be administrative head of the Water Resources Department; Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department; Administer and enforce the laws of th…
536.039 Water Resources Department
There is hereby established in the executive-administrative branch of the government of the state under the Water Resources Commission a department to be known as the Water Resources Department. The department shall consist of the director of the department and all personnel employed in the department including but not limited to all watermasters appointed u…
536.040 Public records; copies as evidence
The records of the Water Resources Department are public records and shall remain on file in the department and be open to the inspection of the public at all times during business hours. The records shall show in full all maps, profiles, and engineering data relating to the use of water, and certified copies thereof shall be admissible as evidence in all ca…
536.045 Sending or receipt of documents in electronic form; rules; fees; cost of publication
Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that requires the mailing of a document, the submission of a document in written form or the provision of a certified copy of a document, the Water Resources Commission may adopt rules: Allowing the submission of one or more types of document to the commission or the Water Resources Depar…
536.050 Fees; rules; refunds; waiver and reduction of certain fees
The Water Resources Department may collect the following fees in advance: For examining an application for a permit: To appropriate water, except as provided under ORS 543.280 for an application for a hydroelectric project: A base fee of $1,635 for an appropriation of water through a single use, point of diversion or point of appropriation; $615 for the …
536.055 Agreements to expedite processing and review of applications, permits and other administrative matters; fees
The Water Resources Department may, with any person, enter into an agreement that sets fees to be paid to the department for the purpose of enabling the department to expedite or enhance the regulatory process to provide services voluntarily requested under the agreement. Pursuant to the agreement, the department may hire additional temporary staff members, …
536.056 Fees; timing of certain fees; effect of nonpayment
Notwithstanding ORS 536.050, for an application under ORS 537.140, 537.150 or 537.615, the Water Resources Department may charge: A portion of the applicable examination fee for the application at the time the application is submitted; and The remaining portion of the applicable examination fee after issuing an initial review of the application. If the de…
536.057 Payment of fees by debit or credit card; transaction fees
The Water Resources Department may accept payments by debit or credit card for any products or services offered by, or fees owed to, the department. The department may add a nonrefundable fee to the amount of any payment made by debit or credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees relat…
536.060 [Repealed by 1971 c.734 §21]repealed
No operative statutory text appears at this designation in the selected edition.
536.065 [1971 c.734 §77; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.070 [Amended by 1975 c.581 §21a; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.075 Judicial review of final order of commission or department; stay of order; scope of review
Any party affected by a final order other than contested case issued by the Water Resources Commission or Water Resources Department may appeal the final order to the Circuit Court of Marion County or to the circuit court of the county in which all or part of the property affected by the final order is situated. Review of the final order must be conducted ac…
536.076 Contested case proceedings; rules
As used in this section and ORS 536.077, “contested case” has the meaning given that term in ORS 183.310. This section and ORS 536.077 and rules adopted thereunder apply to: A contested case proceeding under a provision of ORS chapter 537 or 540 that references this section. A contested case proceeding on an application related to the use of water under a…
536.077 Initiation of contested case proceeding; request for party status; final order; rules
To initiate a contested case proceeding that is subject to this section and ORS 536.076: Any person may submit a protest against a proposed final order. Unless a timeline is otherwise specified under ORS chapter 537, 540 or 541, the protest must be submitted within 45 days after publication of the notice of the proposed final order in a weekly public notic…
536.080 Effect of records of former State Water Board and State Water Superintendent
The transfer of functions from the former State Water Board and State Water Superintendent to the State Engineer, effected by chapter 283, Oregon Laws 1923, shall not impair the legal force and effect in any water right adjudication, suit, action or other proceeding before the State Engineer, or in the courts or other tribunals of the state, of the official …
536.090 Ground water advisory committee; duties; qualification; term; expenses
In carrying out the duties, functions and powers prescribed by law, the Water Resources Commission shall appoint a ground water advisory committee to: Advise the commission on all matters relating to: Rules for the development, securing, use and protection of ground water; and Licensing of well constructors, including the examination of such persons for l…
536.100 [1985 c.666 §1; 1989 c.904 §67; repealed by 1995 c.690 §§25,26]repealed
No operative statutory text appears at this designation in the selected edition.
536.104 [Formerly 536.110; repealed by 1995 c.690 §§25,26]repealed
No operative statutory text appears at this designation in the selected edition.
536.108 [Formerly 536.120; 1989 c.833 §52; 1995 c.690 §9; renumbered 468B.162 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.110 [1985 c.666 §2; renumbered 536.104 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
536.112 [Formerly 536.130; 1995 c.690 §10; renumbered 468B.164 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.116 [Formerly 536.140; repealed by 1995 c.690 §§25,26]repealed
No operative statutory text appears at this designation in the selected edition.
536.120 [1985 c.666 §3; 1989 c.833 §52; renumbered 536.108 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
536.121 [Formerly 536.150; repealed by 1995 c.690 §§25,26]repealed
No operative statutory text appears at this designation in the selected edition.
536.125 [1989 c.833 §20; 1995 c.79 §301; 1995 c.690 §11; renumbered 468B.167 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.129 [1989 c.833 §21; 1995 c.690 §12; renumbered 468B.169 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.130 [1985 c.666 §4; renumbered 536.112 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
536.133 [1989 c.833 §22; 1995 c.690 §13; renumbered 468B.171 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.137 [1989 c.833 §24; 1995 c.690 §14; renumbered 468B.166 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.140 [1987 c.409 §§1,2; renumbered 536.116 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
536.141 [1989 c.833 §34; 1995 c.690 §15; renumbered 468B.177 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.145 [1989 c.833 §35; 1995 c.690 §16; renumbered 468B.179 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.149 [1989 c.833 §39; renumbered 468B.183 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.150 [1987 c.409 §3; renumbered 536.121 in 1989]renumbered
No operative statutory text appears at this designation in the selected edition.
536.153 [1989 c.833 §40; 1995 c.690 §17; renumbered 468B.182 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.157 [1989 c.833 §41; 1993 c.18 §127; 1995 c.690 §18; renumbered 468B.184 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.161 [1989 c.833 §42; renumbered 468B.186 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.165 [1989 c.833 §43; 1995 c.690 §19; renumbered 468B.187 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.169 [1989 c.833 §44; 1995 c.690 §20; renumbered 468B.188 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.210 [1955 c.707 §2; 1965 c.355 §1; 1975 c.581 §22; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.220 Policy on water resources generally; integrated state water resources strategy
The Legislative Assembly recognizes and declares that: The maintenance of the present level of the economic and general welfare of the people of this state and the future growth and development of this state for the increased economic and general welfare of the people thereof are in large part dependent upon a proper utilization and control of the water res…
536.230 [1955 c.707 §3; 1969 c.695 §12; repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.231 Commission to devise plans and programs for development of water resources
The Water Resources Commission shall devise plans and programs for the development of the water resources of this state in such a manner as to encourage, promote and secure the maximum beneficial use and control thereof.
536.235 Policy on minimum streamflows
It is the policy of the State of Oregon that establishment of minimum perennial streamflows is a high priority of the Water Resources Commission and the Water Resources Department.
536.238 Policy on water storage facilities
The Legislative Assembly finds and declares that: The water resources of the state are critical to the economic and recreational well-being of the people of Oregon. The future vitality of the state’s economy depends on immediate planning to insure future availability of water resources. Measures to insure adequate water resources to meet the needs of futu…
536.240 [1955 c.707 §4; 1969 c.314 §63; repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.241 Policy on water supply
The Legislative Assembly finds that the availability of an adequate water supply is essential to the continued health and safety of all Oregonians. The Legislative Assembly declares that it is the policy of the State of Oregon to ensure a water supply sufficient to meet the needs of existing and future beneficial uses of water, and to adequately manage the …
536.250 [1955 c.707 §5; 1969 c.706 §64f; repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.260 [1955 c.707 §6; repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.265 [1967 c.157 §2; 1975 c.581 §23; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.270 [1955 c.707 §7; repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.280 [1955 c.707 §8; repealed by 1971 c.418 §23]repealed
No operative statutory text appears at this designation in the selected edition.
536.290 [1955 c.707 §9; 1967 c.156 §1; repealed by 1975 c.581 §29]repealed
No operative statutory text appears at this designation in the selected edition.
536.295 Conditions for consideration of application for use not classified in basin program; rules
Notwithstanding any provision of ORS 536.300 or 536.340, the Water Resources Commission may allow the Water Resources Department to consider an application to appropriate water for a use not classified in the applicable basin program if the use: Will be of short duration during each year; Will be for a continuous period of no longer than five years; Is la…
536.300 Formulation of state water resources program; public hearing in affected river basin
The Water Resources Commission shall proceed as rapidly as possible to study: Existing water resources of this state; means and methods of conserving and augmenting such water resources; existing and contemplated needs and uses of water for domestic, municipal, irrigation, power development, industrial, mining, recreation, wildlife, and fish life uses and fo…
536.310 Purposes and policies to be considered in formulating state water resources program
In formulating the water resources program under ORS 536.300 (2), the Water Resources Commission shall take into consideration the purposes and declarations enumerated in ORS 536.220 and also the following additional declarations of policy: Existing rights, established duties of water, and relative priorities concerning the use of the waters of this state a…
536.315 Designation of exact land areas included within auxiliary lands
As part of the water resources policy statement authorized under ORS 536.300, the Water Resources Commission may designate the exact land areas included within the auxiliary lands described in ORS 536.007.
536.320 Limitation of powers of commission
The Water Resources Commission shall not have power: To interfere with, supervise or control the internal affairs of any state agency or public corporation; To modify, set aside or alter any existing right to use water or the priority of such use established under existing laws; or To modify or amend any standard or policy as prescribed in ORS 536.310 nor…
536.325 [1979 c.319 §2; 1983 c.796 §4; 1985 c.673 §15; repealed by 1997 c.212 §1]repealed
No operative statutory text appears at this designation in the selected edition.
536.330 Water Resources Act as supplemental to and including existing statutes
Chapter 707, Oregon Laws 1955, shall be construed by the Water Resources Commission as supplemental to existing statutes and not in lieu thereof except to the extent that existing statutes are expressly amended or repealed by chapter 707, Oregon Laws 1955. ORS 536.220 to 536.540 and the authority of the Water Resources Department thereunder shall include all…
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
Subject at all times to existing rights and priorities to use waters of this state, the Water Resources Commission: May, by a water resources statement referred to in ORS 536.300 (2), classify and reclassify the lakes, streams, underground reservoirs or other sources of water supply in this state as to the highest and best use and quantities of use thereof …
536.350 Delivery of water resources statement to certain public bodies; effect
The Water Resources Commission shall deliver a copy of each water resources statement referred to in ORS 536.300 (2) to each state agency or public corporation of this state which may be concerned with or which may carry on activities likely to affect the use or control of the water resources of this state. Each state agency or public corporation of this sta…
536.360 State agencies and public corporations to conform to statement of state water resources policy
In the exercise of any power, duty or privilege affecting the water resources of this state, every state agency or public corporation of this state shall give due regard to the statements of the Water Resources Commission and shall conform thereto. No exercise of any such power, duty or privilege by any such state agency or public corporation which would ten…
536.370 Exercise of power in conflict with state water resources policy not effective until approved by commission
No exercise by any state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.350, of any power, duty or privilege, including the promulgating or undertaking of any order, rule, regulation, plan, program, policy, project or any other activity, which would in any way conflict with the…
536.380 Notification to commission of proposed exercise of power involving water resources required; review and determination by commission
Except as otherwise provided in ORS 536.390, whenever any state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.350, proposes to exercise any power, duty or privilege referred to in ORS 536.370 (1), it shall first file with the Water Resources Commission a notification of the pr…
536.390 Approval without filing notification
The Water Resources Commission may enter into agreements or provide by orders, rules or regulations whereby it approves the exercise of any one or more of the powers, duties or privileges referred to in ORS 536.370 (1) by a state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.3…
536.400 Application to court to compel compliance with state water resources policy
As used in subsection (2) of this section, “violation” means any exercise or attempt to exercise by any state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.350, of any power, duty or privilege which would in any way conflict with the state water resources statement, without th…
536.410 Withdrawal of unappropriated waters from appropriation by commission rule
When the Water Resources Commission determines that it is necessary to ensure compliance with the state water resources policy or that it is otherwise necessary in the public interest to conserve the water resources of this state for the maximum beneficial use and control thereof that any unappropriated waters of this state, including unappropriated waters r…
536.415 List of restrictions
The Water Resources Department shall publish, make publicly available and regularly update a list of restrictions where the source of water is: Designated as a critical ground water area under ORS 537.730. Subject to restrictions on allowed ground water uses by classification under ORS 536.340. Withdrawn from appropriation under ORS chapter 538 or by rule…
536.420 Representation of state in carrying out compacts and agreements with other governmental agencies regarding water resources
The Governor shall designate the Water Resources Director or a member or members of the Water Resources Commission to act on behalf of and to represent the state in formulating, entering into and carrying out any formal or informal compact or other agreement authorized by the Legislative Assembly concerning the use and control of the water resources of this …
536.430 [1955 c.707 §18; renumbered 536.231 in 2013]renumbered
No operative statutory text appears at this designation in the selected edition.
536.440 Investigations and studies
The Water Resources Commission, by itself or in conjunction with any person, local voluntary committee or association, state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government, may conduct such investigations, surveys or studies, including the holding of public hearings, relating to the wate…
536.450 Assistance by commission to other persons and agencies
The Water Resources Commission may make available technical advice and information for the purpose of assisting any person, local voluntary committee or association, state agency or public corporation of this state, any interstate agency or any agency of the federal government in the preparation, carrying into effect and properly sustaining any plan, program…
536.460 Preparation and submission of information or recommendations to other persons or agencies
The Water Resources Commission may prepare and submit information or proposals and recommendations relating to the water resources of this state or the functions of the commission as provided by law to any person, local voluntary committee or association, state agency or public corporation of this or any other state, any interstate agency, any agency of the …
536.470 Coordination of local, state, interstate and federal programs
The Water Resources Commission may consult and cooperate with any state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government for the purpose of promoting coordination between local, state, interstate and federal plans, programs and projects for the use or control of the water resources of this…
536.480 Making available information concerning water resources
The Water Resources Commission, insofar as practicable, shall make available, free or at cost, to the public and to any state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government, information concerning the water resources of this state or the functions of the commission as provided by law, in…
536.490 Attendance at conferences and meetings
The Water Resources Commission, or any member thereof or any other person designated by the commission, may attend and participate in any public conference, meeting or hearing held within or without this state for the purpose of considering water resources problems.
536.500 Acceptance and expenditure of moneys from public and private sources
The Water Resources Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of encouraging, promoting and securing the maximum beneficial use and control of the water resources of this state or to facilitate and assist in carrying out its functions as provided by law. All mon…
536.510 [1955 c.707 §26; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.520 State agencies and public corporations furnishing information and services to commission
In order to facilitate and assist in carrying out its functions as provided by law, the Water Resources Commission may: Call upon state agencies or public corporations of this state to furnish or make available to the commission information concerning the water resources of this state which such state agencies or public corporations have acquired or may acq…
536.530 [1955 c.707 §29; repealed by 1975 c.581 §29 and by 1975 c.605 §33]repealed
No operative statutory text appears at this designation in the selected edition.
536.540 Approval of voucher claims
All voucher claims for indebtedness or expenses authorized and incurred by the Water Resources Commission in carrying out its functions as provided by law shall be approved by the commission or as provided in ORS 293.330.
536.550 [1955 c.707 §30; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.560 [1955 c.707 §76; 1979 c.284 §164; repealed by 1985 c.673 §185]repealed
No operative statutory text appears at this designation in the selected edition.
536.570 Moneys and securities of irrigation districts in possession of Water Resources Commission; deposit with State Treasurer
The Water Resources Commission may deposit with the State Treasurer for safekeeping all moneys and securities which may come into the commission’s possession in connection with the reorganization, retirement or settlement of the bonds, warrants or other evidences of indebtedness of any irrigation district within the state. When so deposited the State Treasur…
536.580 Rights acquired prior to August 3, 1955, not affected
Nothing in ORS 509.645, 536.220 to 536.540 or 543.225, as enacted by chapter 707, Oregon Laws 1955, nor in the amendments made by chapter 707, Oregon Laws 1955, to ORS 225.290, 225.300, 261.325, 261.330, 509.610, 509.625, 537.170, 537.200 (1969 Replacement Part), 543.050 or 543.230, nor in sections 38, 41, 43, 45 or 50, chapter 707, Oregon Laws 1955, nor in …
536.590 Rights acquired prior to January 1, 1956, not affected
Nothing in the amendments made by chapter 707, Oregon Laws 1955, to ORS 182.410, 536.010 (1973 Replacement Part), 542.110, 548.365, 555.030 or 555.070, nor in sections 58 to 65, 70 or 75, chapter 707, Oregon Laws 1955, shall be construed to take away or impair any right to any waters or to the use of any waters vested or inchoate prior to January 1, 1956.
536.595 Department discussions with Corps of Engineers over operation of Detroit Lake
In discussions held with the United States Army Corps of Engineers over seasonal operations of impoundments within the Willamette Basin reservoir system, including Detroit Lake, the Water Resources Department shall: Specify that the State of Oregon has determined that Detroit Lake is an important recreational resource to the citizens of Oregon. Encourage t…
536.600 [1993 c.765 §104; renumbered 541.345 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
536.605 Implementation of Walla Walla Water 2050 Strategic Plan; advisory committee; project funding
Consistent with all other Oregon laws, the Water Resources Department shall collaborate with the Confederated Tribes of the Umatilla Indian Reservation and the State of Washington to implement and guide cooperative, bistate water management in the Walla Walla River Basin pursuant to the Walla Walla Water 2050 Strategic Plan, under advice from a Walla Walla R…
536.700 “Drainage basin” defined
As used in ORS 536.700 to 536.780, “drainage basin” means one of the 18 Oregon drainage basins identified by the Water Resources Department as shown on maps published by that department dated January 1976.
536.710 Policy
The Legislative Assembly finds that an emergency may exist when a severe, continuing drought results in a lack of water resources, thereby threatening the availability of essential services and jeopardizing the peace, health, safety and welfare of the people of Oregon. The Legislative Assembly finds it necessary in the event of an emergency described in sub…
536.720 Declaration of state authority; Governor’s power to order water conservation or curtailment plan
Because municipal and other political subdivision boundaries do not conform with the geographic boundaries of the 18 major drainage basins, or associated subbasins in the state, and because problems caused by a severe continuing drought may exceed local ability to control, the Legislative Assembly declares that water resource conservation in time of severe, …
536.730 Effect of emergency powers on vested water rights
Except as provided in ORS 536.740 and 536.750, nothing in ORS 536.700 to 536.780 is intended to permit the Governor or the Water Resources Commission to hinder the ability of any holder of a vested water right to obtain and use legally assured benefits of that right.
536.740 Governor’s authority to declare drought
Upon finding that a need exists for statewide coordination of water resource conservation measures by municipal and other political subdivisions of this state in order to minimize problems caused by a severe shortage of water, the Governor may declare that a severe, continuing drought exists or is likely to exist.
536.750 Powers of commission after declaration of drought; rules
Notwithstanding any provision of ORS chapters 536 to 543A, after a declaration that a severe, continuing drought exists, the Water Resources Commission may: Issue without first conducting a hearing under ORS 536.077 and 537.170 a temporary permit for an emergency use of water; Allow a temporary change in use, place of use or point of diversion of water wit…
536.760 Cessation of actions taken under ORS 536.750
Any action taken under ORS 536.750 may be carried out only during the period of severe, continuing drought. After the drought, any water use undertaken under ORS 536.750 must cease or comply with the applicable provisions of ORS 537.110 to 537.252, 537.505 to 537.795 and 537.992 or 540.520 and 540.530.
536.770 Purchase of option or agreement for use of water permit or right during declared drought; application; fee
The Water Resources Commission or a local government, public corporation or water right holder may purchase an option or enter an agreement to use an existing permit or water right during the time in which a severe, continuing drought is declared to exist. A local government, public corporation or water right holder proposing to purchase an option or enter …
536.780 Water conservation or curtailment plan; contents; review; effect of failure to file or implement
The Water Resources Commission, upon a finding that a severe or continuing drought is likely to occur, may order individual state agencies and political subdivisions within any drainage basin or subbasin to develop and file with the commission, within 30 days following the order, a water conservation or curtailment plan or both. The commission may allow the …
536.900 Civil penalties; imposition
In addition to any other liability or penalty provided by law, the Water Resources Commission may impose a civil penalty on a person for violation of: A term or condition of a permit, certificate or license issued under ORS chapters 536 to 543A. ORS 537.130 or 537.535. ORS 537.545 (6) or a rule described in ORS 537.545 (8). A commission rule or order tha…
536.905 Notice; application for hearing
Any civil penalty under ORS 536.900 shall be imposed as provided in ORS 183.745. Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the commission. Note: See note under 536.900.
536.910 Amount of penalty; rules
After public hearing, the Water Resources Commission by rule shall adopt a schedule establishing the civil penalty that may be imposed under ORS 536.900 and the time allowed to correct each violation. However, the civil penalty may not exceed $5,000 for each violation. Note: See note under 536.900.
536.915 Remission or reduction of penalty
A civil penalty imposed under ORS 536.900 may be remitted or reduced upon such terms and conditions as the Water Resources Commission considers proper and consistent with the public health and safety and protection of the public interest in the waters of this state. Note: See note under 536.900.
536.920 Factors to be considered in imposition of penalty
In imposing a penalty pursuant to the schedule adopted pursuant to ORS 536.910, the Water Resources Commission shall consider the following factors: The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. Any prior violations of statutes, rules or orders pertaining to …
536.925 [1989 c.618 §12; repealed by 1991 c.734 §122]repealed
No operative statutory text appears at this designation in the selected edition.
536.930 Consequence of failure to follow order
Any owner or operator who fails without sufficient cause to take corrective action as required by an order of the Water Resources Commission shall be liable for damages not to exceed the amount of all expenses incurred by the Water Resources Department in carrying out the department’s enforcement duties related to the corrective action. Note: See note under…
536.935 Disposition of penalties; appropriation
All penalties recovered under ORS 536.930 shall be paid into the State Treasury and credited to an account of the Water Resources Department. Such moneys are continuously appropriated to the department to carry out the provisions of ORS chapters 536 to 543A. Note: See note under 536.900. _______________