Oregon Revised Statutes
The use of the water of the lakes and running streams of Oregon, for general rental, sale or distribution, for purposes of irrigation, and supplying water for household and domestic consumption, and watering livestock upon dry lands of the state, is a public use, and the right to collect rates or compensation for such use of water is a franchise. A use shall…
Whenever any corporation organized under the Act of 1891, pages 52 to 60, Oregon Laws 1891, finds it necessary to construct its ditch, canal, flume, distributing ditches, or feeders across the improved or occupied lands of another, it shall select the shortest and most direct route practicable, having reference to cost of construction upon which the ditch, c…
The right of way, to the extent specified in the Act of 1891, pages 52 to 60, Oregon Laws 1891, for the ditches, canals, flumes, distributing ditches, and feeders of any corporation appropriating water under the provisions of the Act of 1891, across all lands belonging to the State of Oregon and not under contract of sale, is granted.
Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall erect and keep in good repair a headgate at the head of its ditch, canal or flume, which, together with the necessary embankments, shall be of sufficient height and strength to control the water at all ordinary stages.…
Every corporation having constructed a ditch, canal, flume or reservoir under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall be liable for all damages done to the persons or property of others, arising from leakage or overflow of water therefrom growing out of want of strength in the banks or walls, or negligence or want of care i…
Any person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 that owns, operates or maintains any irrigation, drainage, water supply, water control or flood control works shall be liable for damage caused by seepage and leakage from such works only to the extent that such damage i…
Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall carefully keep and maintain the embankments and walls thereof, and of any reservoir constructed to be used in conjunction therewith, so as to prevent the water from wasting and from flooding or damaging the premises of…
All ditches, canals and flumes permanently affixed to the soil, constructed under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, are declared to be real estate, and the same or any interest therein shall be transferred by deed only, duly witnessed and acknowledged. The vendee of the same, or any interest therein, at any stage shall succ…
In any suit commenced for the protection of rights to water acquired under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, the plaintiff may make any or all persons who have diverted water from the same stream or source parties to the suit, and the court may in one decree determine the relative priorities and rights of all parties to the…
The use of the water of the lakes and running streams of Oregon for the purpose of developing the mineral resources of the state and to furnish electric power for all purposes, is declared to be a public and beneficial use and a public necessity. Subject to the provisions of the Water Rights Act (as defined in ORS 537.010), the right to divert unappropriated…
No tract or parcel of improved or occupied land in this state shall, without the written consent of the owner, be subjected to the burden of two or more ditches, canals, flumes or pipelines constructed under the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the purpose of conveying water through the property, when the same object can be feasibly and p…
The right of way to the extent specified in the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the ditches, canals, flumes, pipelines, distributing ditches, and feeders of any person appropriating water under the provisions of that Act, across any and all lands belonging to the State of Oregon and not under contract of sale, is granted.
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In any stream system where construction is contemplated by the United States under the Act of Congress approved June 17, 1902, 32 Stat. 388 to 390, and known as the Reclamation Act, the Water Resources Commission shall make a hydrographic survey of the stream system, and shall deliver an abstract thereof together with an abstract of all data necessary for th…
No lands belonging to the state, within the areas to be irrigated from work constructed or controlled by the United States or its authorized agents, shall be sold except in conformity with the classification of farm units by the United States. The title of such land shall not pass from the state until the applicant therefor has fully complied with the provis…
There is granted over all the unimproved lands now or hereafter belonging to the state the necessary right of way for ditches, canals, and reservoir sites for irrigation purposes constructed by authority of the United States or otherwise. All conveyances of state land made after May 18, 1905, shall contain a reservation of such right of way and reservoir sit…
Nothing in ORS 541.220 to 541.240 shall be construed as rescinding the cession by the state to the United States of lands, as provided in chapter 5, Oregon Laws 1905. SUITS FOR DETERMINATION OF WATER RIGHTS UNDER 1905 ACT
In any suit wherein the state is a party, for determination of a right to the use of the waters of any stream system, all who claim the right to use the waters shall be made parties. When any such suit has been filed the court shall call upon the Water Resources Commission to make or furnish a complete hydrographic survey of the stream system as provided in …
Upon the adjudication of the rights to the use of the water of a stream system, a certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed in the Water Resources Department. The decree shall declare, as to the water right adjudged to each party, whether riparian or by appropriation, the extent, the priority, amount,…
As used in ORS 541.327 to 541.333: “District” means any district or corporation organized under ORS chapter 545, 547, 552, 553 or 554 or any corporation, cooperative, company or other association formed before 1917 for the purpose of distributing water for irrigation purposes. “Owned” or “controlled” means ownership in fee, purchase on a land sale contract…
If a district fails or refuses to act under ORS 541.329 and 541.331, the owner of land with an appurtenant water right within a district and subject to assessment by the district may transfer the use or place of use of the water right on or before July 1, 1994, pursuant to ORS 541.333. An owner transferring the use or place of use under this subsection shall…
Pursuant to the requirements of subsection (2) of this section, a district may petition the Water Resources Commission for approval and acceptance of a district map indicating the location and use of the water rights within the district or any part thereof. The petition and map shall be in a form satisfactory to the commission and shall be certified by the d…
Any user may file with the Water Resources Department, within 60 days after the date of first publication, under ORS 541.329, a protest against a proposed order approving the petition. Whenever a timely protest is filed or in the opinion of the Water Resources Director a hearing is necessary to determine whether the district has met the requirements of ORS 5…
Whenever the owner of a water right for irrigation, domestic use, stock water storage or other use, for any reason desires to change the place of use, the point of diversion or the use made of the water under ORS 541.327, an application shall be filed with the Water Resources Department. The application required under subsection (1) of this section shall in…
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No person shall construct, operate or maintain, and no officer or agency of this state shall issue any permit for the construction, operation or maintenance of, any dam or hydroelectric facility on: That portion of the North Umpqua River between Soda Springs Dam and the confluence of the North Umpqua River and South Umpqua River; or The main stem Umpqua Ri…
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Nothing contained in ORS 541.386 shall be construed to impose any additional obligation on any governmental entity to pay for the repair, structural repair, maintenance or improvement of any existing dam referred to in ORS 541.386 (2). Note: 541.393 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or an…
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Any person who owns or has the possessory right to any land bordering on any lake or natural stream of water shall have the right to employ wheels, pumps, hydraulic engines, or other machinery for the purpose of raising water to the level required for use of the water in irrigating any land belonging to the person; provided, that the use of the water shall n…
As used in ORS 541.450 to 541.460 and 541.990: “Splash dam” means a dam constructed and used in the floating and driving of logs and other lumber products whereby water behind the dam is released for the purpose of causing or aiding the floating of logs or other lumber products on a navigable or nonnavigable river in the waters thereof below the location of…
It is unlawful to operate a splash dam on any of the navigable or nonnavigable waters of this state. An officer or agency of this state may not issue any permit for the construction or maintenance of any dam to be used for splash dam purposes.
The Attorney General, upon being informed that any violation of ORS 541.450 to 541.460 or 541.990 (1) has occurred, is hereby empowered to proceed immediately in the circuit court of the county in which said splash dam is located, to petition the court for the removal of said splash dam by abatement proceedings; and all costs in connection therewith incurred…
Whenever it appears to the satisfaction of the Water Resources Commission upon the commission’s own determination or upon evidence submitted by any person that the release of water from an impoundment or diversion structure constructed before or after May 26, 1959, endangers or may endanger the public safety, the commission shall send a written notice to the…
Whenever it appears to the satisfaction of the Water Resources Commission, upon the commission’s own determination or upon evidence submitted by any person that the present or proposed release of stored water from an impoundment or diversion structure, including any water power project, constructed before or after May 1, 1961, results in rapid increase in th…
If, within 15 days after the mailing of the notice provided for in ORS 541.515, the owner or operator of the impoundment or diversion structure fails to request in writing that the Water Resources Commission hold a hearing, the commission shall make and file in the Water Resources Department an order stating the terms, limitations and conditions relating to …
If, within 15 days after mailing of the notice provided for in ORS 541.515, the owner or operator of the impoundment or diversion structure requests in writing that the Water Resources Commission hold a hearing, the commission shall hold a hearing in accordance with ORS chapter 183 on the hazard to human life or property which is or will be created by the ra…
After the hearing provided for in ORS 541.525, if the Water Resources Commission determines that the release of stored water from the impoundment or diversion structure results or will result in rapid increase in the stream level below the structure and the increase creates or will create an unreasonable hazard to human life or property, the commission shall…
An order of the Water Resources Commission under ORS 541.520 or 541.530 may require the owner or operator of an impoundment or diversion structure to install one or more automatic stream level recording devices satisfactory to the commission at one or more locations satisfactory to the commission. The cost of each such device and the installation and mainten…
When conditions beyond the control of the owner or operator of an impoundment or diversion structure, to which an order of the Water Resources Commission, made as provided in ORS 541.520 or 541.530 relates, threaten the safety of the structure, and the release of water from the structure contrary to the terms, limitations and conditions stated in the order i…
No person shall fail to comply with an order of the Water Resources Commission made as provided in ORS 541.520 or 541.530. The commission may enforce any order made as provided in ORS 541.520 or 541.530, and may prosecute proceedings to enjoin violations of subsection (1) of this section.
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As used in this section: “Community engagement plan” means a plan to meaningfully engage and provide suitable access to decision-making processes for disproportionately impacted communities, underrepresented communities, tribal communities and all persons regardless of race, color, national origin or income in planning for water projects using identified be…
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The Water Resources Department shall establish a grant program to pay the qualifying costs of studies performed to evaluate the feasibility of projects related to: Water conservation. Water reuse. Aquifer recharge. Aquifer storage and recovery. Streamflow protection or restoration. Water storage. Other activities identified by rule by the Water Resour…
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A study receiving a grant or payment for direct services under ORS 541.561 may include activities necessary to assess the type, location, design, cost or other factors affecting the feasibility of a project described in ORS 541.561. Specific activities may include, but are not limited to: Analyses of hydrological refill capacity; Water needs analyses; Ref…
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The Water Project Feasibility Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Project Feasibility Fund shall be credited to the General Fund. Moneys in the Water Project Feasibility Fund are continuously appropriated to the Water Resources Department to award grants and to pay the cost of d…
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The Water Resources Commission shall adopt rules necessary to administer ORS 541.561 to 541.581, including rules that: Establish reporting requirements for grants awarded under ORS 541.561; Provide for public comment before the award of grants and payment for direct services under ORS 541.561; and Implement the priorities required by ORS 541.561. Note: S…
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As used in ORS 541.651 to 541.696: “Newly developed water” means the new increment of water: Stored for a project providing new or expanded storage; Allocated to a use under a secondary water right for a project involving the allocation of previously uncontracted water stored by the United States Army Corps of Engineers under an existing water right; or …
The purpose of ORS 541.651 to 541.696 is to establish a means for state government to support the development of water resource projects having economic, environmental and community benefits. The Legislative Assembly intends that any conditions or requirements described in ORS 541.651 to 541.696 apply only to projects that receive loans or grants from the W…
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The Water Supply Development Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Supply Development Account shall be credited to the account. Moneys in the account are continuously appropriated to the Water Resources Department for use in carrying out ORS 541.651 to 541.696. The department …
Unless otherwise specified in an Act referencing this section, an expenditure of moneys from the Water Supply Development Account is not subject to ORS 541.663, 541.666, 541.669, 541.673 or 541.677 if the expenditure is for a project specifically named in an Act as subject to this section and the Act: Appropriates moneys to the account from the General Fund…
Loans and grants may be made from the Water Supply Development Account to persons as defined in ORS 536.007, to a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon and nonprofit organizations. If an applicant is required to have a water management and conservation plan, the plan must be: …
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A prospective applicant for a loan or grant from the Water Supply Development Account may participate in a preapplication conference with the Water Resources Department. At the preapplication conference, the department shall inform the prospective applicant of the procedural and substantive requirements of a loan or grant application and of the scoring syst…
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Applications for a loan or grant from the Water Supply Development Account must: Be in a form prescribed by the Water Resources Department. Include any information required by the department. Be filed with the department. The department may require an application to include the following: A description of the need, purpose and nature of the project, inc…
The Water Resources Commission shall adopt rules establishing a system for scoring and ranking projects to determine which projects are to be awarded loans and grants from the Water Supply Development Account, including but not limited to the application of minimum criteria designed to achieve the outcomes described in ORS 541.677. The criteria for evaluati…
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Projects applying under ORS 541.669 for funding from the Water Supply Development Account shall be evaluated based upon the public benefits of the project. The evaluation must consider both positive and negative effects of a project. The three categories of public benefit to be considered in the project evaluation are economic benefits, environmental benefit…
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The Water Resources Commission shall design the minimum criteria for the project scoring and ranking system described in ORS 541.669 to achieve the following outcomes: Issuing grants or loans only to projects that provide benefits in each of the three categories of public benefit described in ORS 541.673. Preferring partnerships and collaborative projects.…
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The recipient of a grant from the Water Supply Development Account must agree to the condition set forth in subsection (2) of this section if the grant is for the development of a new or expanded above-ground storage facility that: Impounds surface water on a perennial stream; Diverts water from a stream that supports state or federally listed sensitive, t…
A project that receives a loan or grant from the Water Supply Development Account must: Demonstrate social or cultural benefits and economic benefits sufficient to qualify the project under the scoring and ranking system described in ORS 541.669; and Except as otherwise provided in ORS 541.681, demonstrate environmental benefits: By dedicating 25 percent …
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If a project dedicates water to in-stream use under the requirements described in ORS 541.681 or as allowed under ORS 541.683, the Water Resources Department shall protect the dedicated water in-stream consistent with the priority of the dedicated water source. Dedicated water from projects may come from newly developed water or from other sources and may be…
The Water Resources Department shall make a determination as provided under subsection (2) of this section if an application for a loan or grant from the Water Supply Development Account is for a project that requires a limited license, water right certificate or water right permit that enables the storage of water, either in above-ground storage or in aquif…
Before loan or grant moneys are expended from the Water Supply Development Account for the construction of a project, the recipient must obtain all applicable local, state and federal permits. Project materials must include a notation indicating that Water Resources Department funding was used for the project. The loans or grants may be conditioned to requi…
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The Water Resources Commission shall adopt rules establishing standards for borrowers obtaining loans issued from the Water Supply Development Account. The commission shall design the standards to ensure that all loans have a high probability of repayment and that all loans are adequately secured in the event of a default. The commission shall solicit commen…
The Water Resources Department Water Supply Fund is established separate and distinct from the General Fund. Interest earned on moneys deposited in the Water Resources Department Water Supply Fund shall be credited to the fund. The fund consists of lottery bond proceeds, interest credited to the fund and any other moneys deposited in or transferred to the fu…
As used in ORS 541.700 to 541.855, unless the context requires otherwise: “Commission” means the Water Resources Commission appointed under ORS 536.022. “Construction” means the construction, or improvement or rehabilitation, in whole or in part, of a water development project, including planning and engineering work, purchasing or refinancing directly rel…
Of the applications filed under ORS 541.705 for assistance in constructing a water development project for municipal use, the Water Resources Commission shall give preference for approval to those projects required to be undertaken as a result of a proceeding under ORS 222.840 to 222.915 or 431.705 to 431.760 to alleviate conditions constituting a danger to …
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…
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: Reject the appl…
Nothing in ORS 541.700 to 541.855 is intended to prevent an applicant from employing a private planning firm, engineering firm and construction firm to perform the planning work, engineering work and construction on the proposed water development project of the applicant.
The Water Resources Commission may approve the financing for the construction of a water development project described in an application filed as provided in ORS 541.705 using moneys in the Water Development Fund, secured by a first, parity or second lien in the manner provided in ORS 541.740, if, after investigation, the commission finds that: The proposed…
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If the Water Resources Commission approves the financing for the construction of a water development project, the commission, on behalf of the state, and the applicant may enter into a loan contract, secured by a first, parity or second lien in the manner provided in ORS 541.740, that shall set forth, among other matters: That the commission, on behalf of t…
If the Water Resources Commission approves a loan for a water development project or federal water development project, the State Treasurer shall pay moneys for such project from the Water Development Fund in accordance with the terms of the loan contract, as prescribed by the commission.
When a loan is made to a water developer other than a water developer described in ORS 541.700 (7)(a), (b), (c) or (d) for the construction of a water development project under ORS 541.700 to 541.855, the State of Oregon has a lien for the amount of the unpaid balance of the loan. The lien created by this subsection attaches to the real property held in fee …
The Water Resources Commission shall not attempt to recover interest amounts credited or paid before January 1, 1986, to any water developer who borrowed moneys under ORS 541.700 to 541.855 and shall adjust the borrower’s account balance as necessary to reflect those credits as lawful payments on the borrower’s contractual obligations to the state. Note: 54…
If a water developer fails to comply with a contract entered into with the Water Resources Commission for construction and repayment as provided in ORS 541.730, the commission, in addition to remedies provided in ORS 541.740, may seek other appropriate legal remedies to secure the loan and may contract with any other water developer as provided in ORS 541.73…
Any water developer that enters into a contract with the Water Resources Commission for construction and repayment as provided in ORS 541.730 or 541.745 may obtain moneys for repayment to the Water Development Administration and Bond Sinking Fund under the contract in the same manner as other moneys are obtained for other authorized purposes. The commission …
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Except as provided in ORS 541.760: If any water development project investigated under ORS 541.700 to 541.855, other than a safe drinking water project financed in whole or in part from moneys in the Special Public Works Fund created by ORS 285B.455 or the Water Fund created by ORS 285B.563, is constructed with funds other than those loaned under ORS 541.70…
If a water development project has any secondary use, and if the water developer receives from any source other than the Water Development Fund any funds to assist in the construction, operation or maintenance of such secondary use, the amount of the loan to the water developer from the Water Development Fund shall be limited to that amount necessary for the…
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 d…
If the Water Resources Commission approves an application for the loan of moneys authorized by ORS 541.765, the commission shall enter into a loan contract with the borrower that provides, among other matters: That the loan be secured by a first lien or by other good and sufficient collateral in the same manner as provided in ORS 541.740. That the loan bea…
In order to provide funds for the purposes specified in Article XI-I (1) of the Oregon Constitution, the Water Resources Commission may request the State Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A.
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 …
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The State Treasurer shall make payment of the principal of and the interest on any bond issued under ORS 541.780 to 541.815 from the Water Development Administration and Bond Sinking Fund. The State Treasurer shall compute and determine in January of each year, after the sale of bonds under ORS 541.780 to 541.815, the amount of principal and interest which …
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No bonds shall be issued or sold under ORS 541.780 to 541.815 nor indebtedness incurred thereunder, which, singly or in the aggregate with previous debts or liabilities incurred for the construction, operation and maintenance of water development projects and for the acquisition of easements and rights of way for federal water development projects shall exce…
There hereby is created the Water Development Administration and Bond Sinking Fund, separate and distinct from the General Fund, to provide for payment of: Administrative expenses of the Water Resources Commission and the Water Resources Department in processing applications, investigating proposed water development projects and federal water development pr…
All moneys in the Water Development Fund created by Article XI-I (1), Oregon Constitution, hereby are appropriated continuously to the Water Resources Commission and shall be used for the purposes provided in ORS 541.700 to 541.855. Moneys expended from the fund may include those expended or to be expended for engineering, legal fees and acquisition of water…
If there are insufficient funds in the Water Development Administration and Bond Sinking Fund to make the payments referred to in ORS 541.830 (1), the Water Resources Commission may request the funds necessary for such payments from the Legislative Assembly within the budget authorized by the Legislative Assembly or as that budget may be modified by the Emer…
In accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission may adopt rules necessary to carry out ORS 541.700 to 541.855. In adopting rules establishing guidelines or criteria for awarding loans or grants for drinking water projects, the commission shall coordinate the Water Resources Department’s rulemaking process with…
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.
The Water Resources Commission shall make available to the Legislative Assembly and the Governor a biennial report of the transactions of the Water Development Fund and the Water Development Administration and Bond Sinking Fund in such detail as will accurately indicate the transactions and the condition of the funds. ADMINISTRATION OF MONSANTO SETTLEMENT M…
It is the intent of the Legislative Assembly in enacting ORS 541.857 to 541.882 to: Establish the Oregon Environmental Restoration Fund in the State Treasury, consisting of moneys paid to the state from the Monsanto Settlement Agreement; Provide for the investment of settlement funds and for the expenditure of earnings from those investments in an equitabl…
As used in ORS 541.857 to 541.882: “Disproportionately impacted community” means communities that have been disproportionately impacted by PCB or other contaminants or that have been historically underrepresented in public processes regarding environmental laws or policies and as further defined by the Environmental Restoration Council by rule under ORS 541…
The Environmental Restoration Council is established in the Oregon Watershed Enhancement Board. The council consists of 13 members as follows: The Governor or the Governor’s designee. The Director of the Department of Environmental Quality or the director’s designee. The State Fish and Wildlife Director or the director’s designee. The Director of the Ore…
The Oregon Environmental Restoration Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Environmental Restoration Fund shall be credited to the fund. The fund consists of: Proceeds from the Monsanto Settlement Agreement; Moneys transferred to the fund by the Legislative Assembly; and Other…
The Environmental Restoration Council shall, based on the advice of the State Treasurer, establish a long-term distribution policy for the Oregon Environmental Restoration Fund that seeks to maintain a stable real asset value over time while providing for the transfers described in subsections (3) and (4) of this section. No later than December 1 of each ye…
The State Agency Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. Moneys in the State Agency Program Fund consist of moneys transferred to the fund under ORS 541.865 and moneys deposited or transferred into the fund from any other public or private sour…
The Environmental Restoration Council shall establish by rule procedures and criteria for approving allocations to state agencies that have a nexus with the projects and purposes described in the Monsanto Settlement Agreement from the State Agency Program Fund established under ORS 541.867. Allocations approved by the council under this section must be for …
The Disproportionately Impacted Community Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. Moneys in the Disproportionately Impacted Community Fund consist of moneys transferred to the fund under ORS 541.865 and moneys deposited or transferred into the fund fro…
The Environmental Restoration Council shall establish by rule a program to provide grants to public or private nonprofit entities to carry out projects that benefit disproportionately impacted communities. Rules adopted under this section shall include but need not be limited to: Procedures for soliciting and reviewing applications from public or private no…
No operative statutory text appears at this designation in the selected edition.
The Tribal Nation Natural Resource Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. Moneys in the Tribal Nation Natural Resource Program Fund consist of moneys transferred to the fund under ORS 541.865 and moneys deposited or transferred into the fund f…
The Environmental Restoration Council shall establish by rule procedures for the transfer of moneys from the Tribal Nation Natural Resource Program Fund established under ORS 541.876 to federally recognized Indian tribes in this state at the beginning of each biennium. Transfers made pursuant to this section: Must be for projects or purposes consistent wit…
No operative statutory text appears at this designation in the selected edition.
The Environmental Restoration Council, in consultation with state agencies described in ORS 541.869 (1) and the Environmental Justice Council, shall establish strategic priorities for amounts expended from the State Agency Program Fund established under ORS 541.867 and the Disproportionately Impacted Community Fund established under ORS 541.871. Before adopt…
As used in ORS 541.890 to 541.969: “Adaptive management” means applying management or practices over time and across the landscape to achieve site specific resource goals using an integrated and science based approach that results in changes over time in response to feedback or monitoring. “Associated uplands” includes those lands of a watershed that are c…
The Legislative Assembly finds that: The long-term protection of the water resources of this state, including sustainable watershed functions, is an essential component of Oregon’s environmental and economic stability and growth; Each watershed in Oregon is unique, requiring different management techniques and programs; Management techniques and programs …
As used in this section when referring to salmonid recovery: “Listed unit” means one population or a group of populations of a species, such as an evolutionarily significant unit, that has been listed as threatened or endangered under the federal Endangered Species Act of 1973 (P.L. 93-205), as amended, or under ORS 496.171 to 496.192. “Native fish” means …
The Oregon Watershed Enhancement Board is created. The board shall consist of 18 members as set forth in subsection (2) of this section. The chairperson shall have such powers and duties as are provided by the rules of the board. The 11 voting members of the board shall be knowledgeable about natural resource issues, represent all geographic regions of this…
Subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint an executive director of the Oregon Watershed Enhancement Board. The executive 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 executive direct…
In addition to any other authority granted to the executive director of the Oregon Watershed Enhancement Board, the executive director, on behalf of the board, may enter into interagency agreements necessary to carry out the duties and responsibilities of the board. Note: See note under 541.890.
In accordance with the applicable provisions of ORS chapter 183, the Oregon Watershed Enhancement Board shall adopt rules and standards to carry out the watershed enhancement program. The rules and standards adopted by the board under subsection (1) of this section shall include, but need not be limited to: Grant application requirements and review and sel…
Local government groups are encouraged to form voluntary local watershed councils in accordance with the guidelines set forth in subsection (2) of this section. The Oregon Watershed Enhancement Board may work cooperatively with any local watershed council that may be formed. Requests from local watershed councils for state assistance shall be evaluated on th…
In addition to the duties conferred on the Natural Resources Division of the State Department of Agriculture under ORS 561.400 and 568.210 to 568.808 and 568.900 to 568.933, the division shall: In cooperation with the Oregon Watershed Enhancement Board, provide appropriate personnel who, under the direction of the board, shall: Serve as community advisors …
No operative statutory text appears at this designation in the selected edition.
Any state agency participating in the programs and activities described in ORS 541.898 shall: Upon request of any person who believes the person’s private property rights may be adversely affected by the Oregon Plan, provide the person with written information about the agency’s dispute resolution services available pursuant to ORS 183.502. Report to the a…
In cooperation with other state, interstate and federal agencies, tribes, local governments, watershed councils, soil and water conservation districts, not-for-profit organizations and volunteer groups, the Oregon Watershed Enhancement Board shall facilitate the implementation of the grant programs established under ORS 541.890 to 541.969. Note: See note un…
No operative statutory text appears at this designation in the selected edition.
The Oregon Watershed Enhancement Board shall initiate a watershed management program that relies on the establishment of voluntary local watershed councils comprised of residents, state and federal agency staff, members of federally recognized Indian tribes and other citizens interested in the management of watersheds and that provides for the development by…
The Oregon Watershed Enhancement Board shall conduct a watershed enhancement program to benefit all users of the waters of this state. The board shall conduct the program in a manner that provides the greatest possible opportunity for volunteer participation to achieve the goals of the program. In carrying out the watershed enhancement program, the board sha…
In addition to the duties set forth in ORS 541.926, in carrying out the provisions of ORS 541.890 to 541.969, the Oregon Watershed Enhancement Board: Shall establish a framework for a locally based integrated watershed planning and management process designed to assist watershed councils, soil and water conservation districts and other partners and to suppo…
The following entities may submit a request for funding for, or for advice and assistance in developing, a project under ORS 541.890 to 541.969: A person; An Indian tribe; A watershed council; A soil and water conservation district; A community college; A public university listed in ORS 352.002; An independent not-for-profit institution of higher educ…
The recipient of a grant issued by the Oregon Watershed Enhancement Board must maintain an insurance policy providing liability protection for actions by, or on behalf of, the recipient in connection with the grant. The insurance must provide liability protection for the recipient and for all officers, employees and agents of the recipient acting within the …
There is hereby established in the State Treasury the Oregon Plan for Salmon and Watersheds Legal Fund for the purpose of funding the activities of the Department of Justice in providing legal advice to or appearing on behalf of a state agency that takes, funds or authorizes actions when those actions are challenged under the federal Endangered Species Act (…
The Watershed Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Watershed Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Watershed Enhancement Board to: Carry out the provisions of ORS 468A.189 …
There is created a Flexible Incentives Account in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. The moneys in the account are continuously appropriated to the Oregon Watershed Enhancement Board for the purposes specified in this section. The Oregon Watershed Enhancement Boar…
There is established in the State Treasury, separate and distinct from the General Fund, the Parks and Natural Resources Fund to be administered by the Oregon Department of Administrative Services. All moneys transferred from the State Lottery Fund and all other moneys authorized to be transferred to the Parks and Natural Resources Fund from whatever source …
Of the moneys deposited into the Parks and Natural Resources Fund created under ORS 541.940 from the Oregon State Lottery, 50 percent shall be deposited into a Natural Resources Subaccount for the public purpose of financing the restoration and protection of native fish and wildlife, watersheds and water quality in Oregon. The State Treasurer may invest and …
The Watershed Conservation Operating Fund is established in the State Treasury separate and distinct from the General Fund. The Watershed Conservation Operating Fund shall consist of all moneys placed in the fund as provided by law. The purpose of the fund is to carry out activities that support all of the purposes described in ORS 541.942. Moneys in the Wat…
The Watershed Conservation Grant Fund is established separate and distinct from the General Fund. The Watershed Conservation Grant Fund shall consist of all moneys placed in the fund as provided by law. All moneys in the Watershed Conservation Grant Fund are continuously appropriated to the Oregon Watershed Enhancement Board for grants to fund projects descr…
The Oregon Watershed Enhancement Board may accept moneys from any public or private source, including the federal government, made available for the purpose of encouraging, promoting and securing watershed enhancement or to facilitate and assist in carrying out the functions of the board, including administrative expenses, as provided by law. All moneys rec…
The Governor may receive gifts, grants, bequests, endowments and donations of moneys from public and private sources, including the federal government, for the purpose of implementing the Oregon Plan, as described in ORS 541.898, and the Oregon Conservation Strategy. If requested by the source, the Governor shall deposit moneys received under this section i…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The purpose of the Watershed Conservation Grant Fund is to provide funding for grants to achieve the purposes and uses described in ORS 541.942 and to implement the mission of the Oregon Plan, including but not limited to grants to further the Oregon Conservation Strategy and the watershed health and native fish recovery programs of this state. Moneys approp…
The Oregon Watershed Enhancement Board may award funds from the Watershed Conservation Grant Fund only for activities described in ORS 541.956. Any project that the board approves for funding shall comply with the following criteria: There is a matching contribution from other program funds, in-kind services or other investment in the project; The project …
Land purchased through a grant agreement with the Oregon Watershed Enhancement Board shall be subject to title restrictions that are consistent with the conservation purposes of the grant and give the board the authority to approve, approve with conditions or deny the sale or transfer of the land. The board may require conditions on the sale or transfer to: …
The Oregon Watershed Enhancement Board shall report biennially to the Legislative Assembly on the implementation of the management program under ORS 541.923 and grants awarded under ORS 541.956. The report shall include but need not be limited to: An explanation of the effectiveness and workability of the partnership process described in ORS 541.923; A des…
No operative statutory text appears at this designation in the selected edition.
Notwithstanding any other provision of law, if during the interim between legislative sessions any agency responsible for implementing a portion of the Oregon Plan or a program for the enhancement or restoration of streams throughout the state requires additional funding or an adjustment to the agency’s expenditure limitations as approved by the Legislative …
Each state agency that receives moneys from the Natural Resources Subaccount created under ORS 541.942 shall submit a report to the Legislative Assembly each biennium regarding the use of the moneys by the agency. The report shall include, but need not be limited to, a description of the measurable biennial and cumulative results of the activities and progra…
The Oregon Watershed Enhancement Board shall, by January 15 of each even-numbered year, submit a report to the Governor and to the appropriate committee or committees of the Legislative Assembly that assesses the implementation and effectiveness of the Oregon Plan in the state. The report shall address each drainage basin in the state and shall include, but …
As used in this section, “stewardship agreement” means an agreement voluntarily entered into and signed by a landowner, or representative of the landowner, and the State Department of Agriculture or the State Board of Forestry that sets forth the terms under which the landowner will self-regulate to meet and exceed applicable regulatory requirements and achi…
The Stewardship Agreement Grant Fund is established separate and distinct from the General Fund. The Stewardship Agreement Grant Fund shall consist of all moneys placed in the fund as provided by law. All moneys in the Stewardship Agreement Grant Fund are continuously appropriated to the State Board of Forestry to provide grants to carry out the purposes of …
The State Board of Forestry may award funds from the Stewardship Agreement Grant Fund only for the purposes described in ORS 541.974. Any projects that the board approves for funding must comply with the following criteria: There must be matching contribution from other program funds, in-kind services or other investment in the project; and The project mus…
As used in ORS 541.977 to 541.989: “Agricultural owner or operator” means a landowner, operator, manager or other person having responsibility for exercising control over the day-to-day operation of a farm or ranch. “Working land” means land that is actively used by an agricultural owner or operator for an agricultural operation that includes, but need not…
The Oregon Agricultural Heritage Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Agricultural Heritage Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Watershed Enhancement Board for the purpose of carrying out ORS 541.977 to 541.989. The…
The Oregon Watershed Enhancement Board may expend moneys from the Oregon Agricultural Heritage Fund to: Carry out the programs described in ORS 541.984; Pay reimbursements and staff support expenses associated with the activities of the Oregon Agricultural Heritage Commission established under ORS 541.986; Provide succession planning programs with funding…
An agricultural owner or operator may enter into a conservation management plan with an organization for working land to be managed in a manner that supports one or more natural resource values. The conservation management plan may be composed of multiple components addressing different natural resource values as identified in subsection (2) of this section.…
An owner of working land may enter into a working land conservation covenant with or grant a working land conservation easement to an organization that is a holder, as defined in ORS 271.715, other than a state agency. The covenant or easement must be for the purpose of ensuring the continued use of the land for agricultural purposes while maintaining or enh…
The Oregon Watershed Enhancement Board shall establish programs to provide grants from the Oregon Agricultural Heritage Fund for the purposes of: Assisting owners of working land with succession planning for those lands; Funding the purchasing, implementing, carrying out or monitoring of conservation management plans, working land conservation covenants or…
The Oregon Agricultural Heritage Commission is established, consisting of 12 members appointed by the Oregon Watershed Enhancement Board. The board shall appoint one board member to serve on an ex officio basis as a nonvoting member of the commission. The board shall appoint 11 voting members from among persons recommended as provided in subsection (2) of th…
The Oregon Agricultural Heritage Commission shall select one of its voting members as chairperson and another voting member as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines. A majority of the voting members of the commission constitutes a quorum for the trans…
In accordance with applicable provisions of ORS chapter 183, the Oregon Agricultural Heritage Commission may adopt rules necessary for the administration of the laws that the commission is charged with administering. The commission may establish any advisory or technical committee the commission considers necessary to aid and advise the commission in the pe…
The Oregon Agricultural Heritage Commission shall: Assist the Oregon Watershed Enhancement Board with the development of rules for the administration of programs under ORS 541.977 to 541.989; Adopt rules establishing three or more permissible terms of years, that are not less than 20 or more than 50 years, for working land conservation covenants formed und…
Any person, or any officer of any firm or corporation who is found guilty of constructing any splash dam for the floating of logs or other lumber products on any stream or other body of water in the State of Oregon commits a Class A misdemeanor. Violation of ORS 541.510 is a Class A misdemeanor. Violation of ORS 541.545 (1) is a Class A misdemeanor. _____…