Oregon Law
Law as of Jan 1, 2026
Chapter contents
536.005[1975 c.581 §13; repealed by 1985 c.673 §185] 536.007Definitions 536.008[1975 c.581 §14; 1985 c.421 §4; repealed by 1985 c.673 §185] 536.009Water Resources Department Water Right Operating Fund; uses; sources 536.010[Amended by 1955 c.707 §66; 1973 c.792 §23; repealed by 1975 c.581 §29] 536.014[1975 c.581 §15; 1981 c.545 §12; 1983 c.643 §1; repealed by 1985 c.673 §185] 536.015Water Resources Department Hydroelectric Fund; uses; sources 536.017Records of expenditures from Water Resources Department Hydroelectric Fund 536.018[1975 c.581 §16; repealed by 1985 c.673 §185] 536.020[Repealed by 1955 c.707 §75] 536.021Water Measurement Cost Share Program Revolving Fund; uses; sources; prioritization 536.022Water Resources Commission; members; terms; confirmation; compensation and expenses 536.025Duty of commission; delegation to Water Resources Director; exception 536.026Powers of Water Resources Commission 536.027Rules and standards 536.028Rules pertaining to human or livestock consumption uses within or above scenic waterway 536.029[1985 c.673 §11; 1989 c.980 §14c; renumbered 536.026 in 1999] 536.030[Repealed by 1975 c.581 §29] 536.031Applicability of rules to completed application for permit 536.032Water Resources Director; term; qualifications 536.035[1955 c.513 §1; repealed by 1975 c.581 §29] 536.037Functions of director 536.039Water Resources Department 536.040Public records; copies as evidence 536.045Sending or receipt of documents in electronic form; rules; fees; cost of publication 536.050Fees; rules; refunds; waiver and reduction of certain fees 536.055Agreements to expedite processing and review of applications, permits and other administrative matters; fees 536.056Fees; timing of certain fees; effect of nonpayment 536.057Payment of fees by debit or credit card; transaction fees 536.060[Repealed by 1971 c.734 §21] 536.065[1971 c.734 §77; repealed by 1985 c.673 §185] 536.070[Amended by 1975 c.581 §21a; repealed by 1985 c.673 §185] 536.075Judicial review of final order of commission or department; stay of order; scope of review 536.076Contested case proceedings; rules 536.077Initiation of contested case proceeding; request for party status; final order; rules 536.080Effect of records of former State Water Board and State Water Superintendent 536.090Ground water advisory committee; duties; qualification; term; expenses 536.100[1985 c.666 §1; 1989 c.904 §67; repealed by 1995 c.690 §§25,26] 536.104[Formerly 536.110; repealed by 1995 c.690 §§25,26] 536.108[Formerly 536.120; 1989 c.833 §52; 1995 c.690 §9; renumbered 468B.162 in 1995] 536.110[1985 c.666 §2; renumbered 536.104 in 1989] 536.112[Formerly 536.130; 1995 c.690 §10; renumbered 468B.164 in 1995] 536.116[Formerly 536.140; repealed by 1995 c.690 §§25,26] 536.120[1985 c.666 §3; 1989 c.833 §52; renumbered 536.108 in 1989] 536.121[Formerly 536.150; repealed by 1995 c.690 §§25,26] 536.125[1989 c.833 §20; 1995 c.79 §301; 1995 c.690 §11; renumbered 468B.167 in 1995] 536.129[1989 c.833 §21; 1995 c.690 §12; renumbered 468B.169 in 1995] 536.130[1985 c.666 §4; renumbered 536.112 in 1989] 536.133[1989 c.833 §22; 1995 c.690 §13; renumbered 468B.171 in 1995] 536.137[1989 c.833 §24; 1995 c.690 §14; renumbered 468B.166 in 1995] 536.140[1987 c.409 §§1,2; renumbered 536.116 in 1989] 536.141[1989 c.833 §34; 1995 c.690 §15; renumbered 468B.177 in 1995] 536.145[1989 c.833 §35; 1995 c.690 §16; renumbered 468B.179 in 1995] 536.149[1989 c.833 §39; renumbered 468B.183 in 1995] 536.150[1987 c.409 §3; renumbered 536.121 in 1989] 536.153[1989 c.833 §40; 1995 c.690 §17; renumbered 468B.182 in 1995] 536.157[1989 c.833 §41; 1993 c.18 §127; 1995 c.690 §18; renumbered 468B.184 in 1995] 536.161[1989 c.833 §42; renumbered 468B.186 in 1995] 536.165[1989 c.833 §43; 1995 c.690 §19; renumbered 468B.187 in 1995] 536.169[1989 c.833 §44; 1995 c.690 §20; renumbered 468B.188 in 1995] 536.210[1955 c.707 §2; 1965 c.355 §1; 1975 c.581 §22; repealed by 1985 c.673 §185] 536.220Policy on water resources generally; integrated state water resources strategy 536.230[1955 c.707 §3; 1969 c.695 §12; repealed by 1975 c.581 §29] 536.231Commission to devise plans and programs for development of water resources 536.235Policy on minimum streamflows 536.238Policy on water storage facilities 536.240[1955 c.707 §4; 1969 c.314 §63; repealed by 1975 c.581 §29] 536.241Policy on water supply 536.250[1955 c.707 §5; 1969 c.706 §64f; repealed by 1975 c.581 §29] 536.260[1955 c.707 §6; repealed by 1975 c.581 §29] 536.265[1967 c.157 §2; 1975 c.581 §23; repealed by 1985 c.673 §185] 536.270[1955 c.707 §7; repealed by 1975 c.581 §29] 536.280[1955 c.707 §8; repealed by 1971 c.418 §23] 536.290[1955 c.707 §9; 1967 c.156 §1; repealed by 1975 c.581 §29] 536.295Conditions for consideration of application for use not classified in basin program; rules 536.300Formulation of state water resources program; public hearing in affected river basin 536.310Purposes and policies to be considered in formulating state water resources program 536.315Designation of exact land areas included within auxiliary lands 536.320Limitation of powers of commission 536.325[1979 c.319 §2; 1983 c.796 §4; 1985 c.673 §15; repealed by 1997 c.212 §1] 536.330Water Resources Act as supplemental to and including existing statutes 536.340Classification of water as to highest and best use and quantity of use; enforcement of laws concerning loss of water rights; prescribing preferences for future uses 536.350Delivery of water resources statement to certain public bodies; effect 536.360State agencies and public corporations to conform to statement of state water resources policy 536.370Exercise of power in conflict with state water resources policy not effective until approved by commission 536.380Notification to commission of proposed exercise of power involving water resources required; review and determination by commission 536.390Approval without filing notification 536.400Application to court to compel compliance with state water resources policy 536.410Withdrawal of unappropriated waters from appropriation by commission rule 536.415List of restrictions 536.420Representation of state in carrying out compacts and agreements with other governmental agencies regarding water resources 536.430[1955 c.707 §18; renumbered 536.231 in 2013] 536.440Investigations and studies 536.450Assistance by commission to other persons and agencies 536.460Preparation and submission of information or recommendations to other persons or agencies 536.470Coordination of local, state, interstate and federal programs 536.480Making available information concerning water resources 536.490Attendance at conferences and meetings 536.500Acceptance and expenditure of moneys from public and private sources 536.510[1955 c.707 §26; repealed by 1985 c.673 §185] 536.520State agencies and public corporations furnishing information and services to commission 536.530[1955 c.707 §29; repealed by 1975 c.581 §29 and by 1975 c.605 §33] 536.540Approval of voucher claims 536.550[1955 c.707 §30; repealed by 1985 c.673 §185] 536.560[1955 c.707 §76; 1979 c.284 §164; repealed by 1985 c.673 §185] 536.570Moneys and securities of irrigation districts in possession of Water Resources Commission; deposit with State Treasurer 536.580Rights acquired prior to August 3, 1955, not affected 536.590Rights acquired prior to January 1, 1956, not affected 536.595Department discussions with Corps of Engineers over operation of Detroit Lake 536.600[1993 c.765 §104; renumbered 541.345 in 1995] 536.605Implementation of Walla Walla Water 2050 Strategic Plan; advisory committee; project funding 536.700“Drainage basin” defined 536.710Policy 536.720Declaration of state authority; Governor’s power to order water conservation or curtailment plan 536.730Effect of emergency powers on vested water rights 536.740Governor’s authority to declare drought 536.750Powers of commission after declaration of drought; rules 536.760Cessation of actions taken under ORS 536.750 536.770Purchase of option or agreement for use of water permit or right during declared drought; application; fee 536.780Water conservation or curtailment plan; contents; review; effect of failure to file or implement 536.900Civil penalties; imposition 536.905Notice; application for hearing 536.910Amount of penalty; rules 536.915Remission or reduction of penalty 536.920Factors to be considered in imposition of penalty 536.925[1989 c.618 §12; repealed by 1991 c.734 §122] 536.930Consequence of failure to follow order 536.935Disposition of penalties; appropriation

Chapter 536 — Water Resources Administration

ORS 536.750 Powers of commission after declaration of drought; rules

(1)

Notwithstanding any provision of ORS chapters 536 to 543A, after a declaration that a severe, continuing drought exists, the Water Resources Commission may:

(a)

Issue without first conducting a hearing under ORS 536.077 and 537.170 a temporary permit for an emergency use of water;

(b)

Allow a temporary change in use, place of use or point of diversion of water without complying with the notice and waiting requirements under ORS 540.520;

(c)

Notwithstanding the priority of water rights, grant preference of use to rights for human consumption or stock watering use;

(d)

Waive the notice requirements under ORS 537.753 and the start card required under ORS 537.762;

(e)

Allow a temporary exchange of water without giving notice as required under ORS 540.535; and

(f)

Utilize an expedited notice and waiting requirement established by rule for the substitution of a supplemental ground water right for a primary water right under drought conditions.

(2)

The commission by rule may establish procedures for carrying out the provisions of this section and a schedule of fees that must accompany a request under subsection (1) of this section.

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.