Usa Oregon

USA Statutes : oregon
Title : TITLE 44 FORESTRY AND FOREST PRODUCTS
Chapter : Chapter 536 Water Resources Administration
As used in ORS 196.600 to 196.905, 541.010 to
541.320 and 541.430 to 541.545, 541.700 to 541.990 and ORS chapters 536
to 540, 542 and 543:

(1) “Commission” means the Water Resources Commission.

(2) “Department” means the Water Resources Department.

(3) “Director” means the Water Resources Director.

(4) “Existing right” or “vested right” or words of similar import
include an inchoate right to the use of water to the fullest extent that
the right is recognized, defined or declared by the commission, the
director or any court within this state.

(5) “Order” has the meaning given in ORS 183.310.

(6) “Person” includes individuals, corporations, associations,
firms, partnerships, joint stock companies, public and municipal
corporations, political subdivisions, the state and any agencies thereof,
and the federal government and any agencies thereof.

(7) “Public corporation” includes any city, county or district
organized for public purposes.

(8) “Rule” has the meaning given in ORS 183.310.

(9) “State agency” includes any office, board, commission or
department of a state government.

(10) “State water resources policy” means the water resources
policy provided for in ORS 536.295 to 536.350 and 537.505 to 537.534.

(11) “Undetermined vested right” means a water right claimed under
ORS 539.010 as having vested or as having been initiated before February
24, 1909, that has not been determined in an adjudication proceeding
under ORS chapter 539 nor is evidenced by a permit or certificate issued
under the Water Rights Act.

(12) “Waters of this state” means any surface or ground waters
located within or without this state and over which this state has sole
or concurrent jurisdiction.

(13) “Water resources of this state” means waters of this state and
the following auxiliary lands whose usage directly affects the
development and control of the waters of this state:

(a) Potential reservoir sites.

(b) Floodplain areas forming the predictable channels of floodwater
drainage of rivers and streams. [1985 c.673 §2; 1989 c.691 §5](1) 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. Interest earned by the fund shall be credited to the
fund.

(2) The fund shall consist of:

(a) All moneys received under ORS 536.050 and 537.747.

(b) All moneys received on behalf of the fund by gift, grant or
appropriation from whatever source.

(3) All moneys in the fund are continuously appropriated to the
Water Resources Department for payment of expenses as described in this
section. [1989 c.758 §3; 1993 c.765 §106; 1999 c.1026 §19; 2003 c.594 §5]Note: 536.009 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 536 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) 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) to (6) of this section,
of the moneys in the Water Resources Department Hydroelectric Fund:

(a) A portion equal to 67 percent of the total moneys received each
year shall be transferred to the fund created under ORS 496.835;

(b) A portion equal to 10.3 percent of the total moneys received
each year shall be transferred to an account of the Department of
Environmental Quality to be used to review applications for certification
of hydroelectric projects under ORS 468B.040 and 468B.045; and

(c) All of the remaining moneys received each year are continuously
appropriated to the Water Resources Commission and the Water Resources
Department to provide for the payment of the administrative expenses of
the commission and the department in carrying out their responsibilities
related to the issuance of permits, licenses or water right certificates
for hydroelectric projects.

(2) The following shall be deposited into the State Treasury and
credited to the Water Resources Department Hydroelectric Fund:

(a) Fees received by the Water Resources Department for
hydroelectric projects under ORS 536.050, 543.078 to 543.092, 543.210,
543.280, 543.300, 543.710, 543A.405 and 543A.415; and

(b) All moneys received on behalf of this account by gift, grant or
appropriation from whatever source.

(3) All interest, if any, from moneys credited to the Water
Resources Department Hydroelectric Fund shall be credited to the fund and
shall inure to the benefit of the Water Resources Department
Hydroelectric Fund.

(4) Application fees received under ORS 543A.405 shall be disbursed
to the various agencies in the amounts specified in the cost
reimbursement agreement executed with each reauthorization applicant.

(5) Four cents of each 28 cents paid as a reauthorization fee under
ORS 543A.415 shall be paid to the Department of Environmental Quality.

(6) Annual fees paid under ORS 543.078 shall be disbursed to state
agencies pursuant to a memorandum of agreement developed by the
Department of Environmental Quality, the State Department of Fish and
Wildlife and the Water Resources Department. [1991 c.869 §2; 1997 c.449
§36; 1999 c.873 §13]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 federal hydroelectric permit, certificate or
license. [1991 c.869 §13]Note: 536.017 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 536 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) 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.

(2) The fund established in this section consists of moneys
appropriated by the Legislative Assembly and moneys gifted, bequested,
donated or granted from any person for the purpose of installing,
substantially repairing or replacing stream flow gauges, measuring
devices or headgates with measuring devices.

(3) The department may use the moneys in the fund to contribute up
to 75 percent of the moneys needed to install, substantially repair or
replace a stream flow gauge, measuring device or headgate with a
measuring device on authorized diversions on the waters of this state
where the gauge, measuring device or headgate will be used to protect
in-stream flow or to monitor water rights and stream flow.

(4) The department may receive funds from, and may enter into
agreements or contracts with, any person for the purpose of implementing
the Water Measurement Cost Share Program Revolving Fund.

(5) The department shall prioritize the expenditure of moneys from
the fund for stream flow gauges, measuring devices and headgates with
measuring devices in the following descending order:

(a) Installation.

(b) Replacement.

(c) Substantial repair. [2001 c.808 §2]WATER RESOURCES COMMISSION(1) 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 regional river basin management areas
set forth in subsection (3) of this section, one member shall be
appointed from east of the summit of the Cascade Mountains, as defined in
ORS 477.001, and one member shall be appointed from west of that summit.

(2) The term of office of a member shall be four years. Before the
expiration of the term of a member, the Governor shall appoint a
successor to assume the retiring member’s duties on July 1 next
following. A member shall be eligible for reappointment, but no member
shall serve more than two consecutive terms. In case of a vacancy for any
cause, the Governor shall make an appointment to become immediately
effective for the unexpired term. The members of the commission shall
serve at the pleasure of the Governor.

(3) For purposes of appointing members under subsection (1) of this
section, the drainage basins of the state shall be divided into the
following regional river basin management areas:

(a) Upper Northwest Region, consisting of the Lower and Middle
Willamette, North Coast and Sandy drainage basins and that portion of the
Columbia River drainage basin below Bonneville Dam.

(b) Southwest Region, consisting of the Rogue, Klamath, Goose and
Summer Lakes drainage basins and that portion of the South Coast drainage
basins south of the mouth of the Rogue River.

(c) West Central Region, consisting of the Umpqua, Mid Coast, Upper
Willamette and that portion of the South Coast drainage basins north of
the mouth of the Rogue River.

(d) North Central Region, consisting of the Umatilla, John Day,
Hood and Deschutes drainage basins and that portion of the Columbia River
drainage basin above Bonneville Dam.

(e) Eastern Region, consisting of the Owyhee, Malheur, Grande
Ronde, Malheur Lake, Middle Snake and Powder drainage basins.

(4) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495. [1985 c.673 §3; 1995 c.548 §1](1) 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 196.905, 537.525, 541.010 to 541.320, 541.430 to 541.545,
541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543. In addition,
the commission shall perform any other duty vested in it by law.

(2) Except for the commission’s power to adopt rules, the
commission may delegate to the Water Resources Director the exercise or
discharge in the commission’s name of any power, duty or function of
whatever character, vested in or imposed by law upon the commission. The
official act of the director acting in the commission’s name and by the
commission’s authority shall be considered to be an official act of the
commission.

(3) The commission may delegate to the director the authority to
conduct a public hearing relating to the adoption or amendment of a basin
program as provided in ORS 536.300. However, the commission may not
delegate to the director the authority to adopt or amend a basin program.
[1985 c.673 §4] (1) The Water
Resources Commission, its members or a person designated by and acting
for the commission may:

(a) Conduct public hearings.

(b) Issue subpoenas for the attendance of witnesses and the
production of books, records and documents relating to matters before the
commission.

(c) Administer oaths.

(d) Take or cause to be taken depositions and receive such
pertinent and relevant proof as may be considered necessary or proper to
carry out duties of the commission and Water Resources Department under
ORS 196.600 to 196.905, 541.010 to 541.320, 541.430 to 541.545, 541.700
to 541.990 and ORS chapters 536 to 540, 542 and 543.

(2) Subpoenas authorized by this section may be served by any
person authorized by the person issuing the subpoena. Witnesses who are
subpoenaed shall receive the fees and mileage provided in ORS 44.415 (2).
[Formerly 536.029] (1) 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.

(2) 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 the commission, any designated
member of the commission or any person designated by and acting for the
commission. [1985 c.673 §5]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. [1993 c.99
§3; 1995 c.719 §2]
(1) 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.

(2) This section does not affect the application of any rule of the
department that:

(a) Is required by federal law;

(b) Is required by any agreement between the state and a federal
agency;

(c) The applicant voluntarily agrees to make applicable to the
application; or

(d) Is necessary to protect public health and safety. [1999 c.301
§2]WATER RESOURCES DIRECTOR 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 licensed
engineer experienced in water-related engineering. [1975 c.581 §18; 1985
c.673 §7] (1) Subject to policy direction by
the Water Resources Commission, the Water Resources Director shall:

(a) Be administrative head of the Water Resources Department;

(b) Have power, within applicable budgetary limitations, and in
accordance with ORS chapter 240, to hire, assign, reassign and coordinate
personnel of the department;

(c) Administer and enforce the laws of the state concerning the
water resources of this state;

(d) Be authorized to participate in any proceeding before any
public officer, commission or body of the United States or any state for
the purpose of representing the citizens of Oregon concerning the water
resources of this state;

(e) Have power to enter upon any private property in the
performance of the duties of the director, doing no unnecessary injury to
the private property; and

(f) Coordinate any activities of the department related to a
watershed enhancement project approved by the Oregon Watershed
Enhancement Board under ORS 541.375 with activities of other cooperating
state and federal agencies participating in the project.

(2) In addition to duties otherwise required by law, the director
shall prescribe internal policies and procedures for the government of
the department, the conduct of its employees, the assignment and
performance of its business and the custody, use and preservation of its
records, papers and property in a manner consistent with applicable law.

(3) The director may delegate to any employee of the department the
exercise or discharge in the director’s name of any power, duty or
function of whatever character, vested in or imposed by law upon the
director. The official act of a person so acting in the director’s name
and by the director’s authority shall be considered to be an official act
of the director. [1985 c.673 §8; 1987 c.734 §14] 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 under ORS 540.020. [1985 c.673
§§6,203] (1) 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 cases where the original
would be admissible as evidence.

(2) Whenever a record is required to be filed or maintained in the
Water Resources Department, the record may be handwritten, typewritten,
printed or a photostated or photographic copy and any means of recording
the information is acceptable, including but not limited to papers, maps,
magnetic or paper tapes, photographic films and prints, magnetic or
punched cards, discs, drums or other preservation of the document or the
information contained in the document.

(3) Notwithstanding any provision of subsection (2) of this
section, the Water Resources Department shall maintain a paper copy of
each final water use permit, certificate, order of the Water Resources
Commission or Water Resources Director, decree or certificate of
registration. The copies shall be retained in a secure location in the
department. [Amended by 1975 c.581 §20; 1991 c.102 §1]
(1) The Water Resources Department may collect the following fees in
advance:

(a) For examining an application for a permit:

(A) To appropriate water, except as provided under ORS 543.280 for
an application for a hydroelectric project:

(i) A base fee of $300;

(ii) $200 for the first second-foot or fraction thereof;

(iii) $100 for each additional second-foot or fraction thereof; and

(iv) If appropriating stored water, $20 for the first acre-foot or
fraction thereof up to 10 acre-feet, plus $1 for each additional
acre-foot or fraction thereof.

(B) To store water under ORS 537.400 or 537.534 (4):

(i) A base fee of $300; and

(ii) $20 for the first acre-foot or fraction thereof up to 10
acre-feet, plus $1 for each additional acre-foot or fraction thereof.

(C) To exclusively appropriate stored water:

(i) A base fee of $150; and

(ii) $15 for the first acre-foot or fraction thereof up to 10
acre-feet, plus $1 for each additional acre-foot or fraction thereof.

(b) For recording a permit to appropriate or store water, $250.

(c) For filing or recording any other water right instrument, $25
for the first page and $5 for each additional page.

(d) For copying records in the department, $2 for the first page
and 50 cents for each additional page.

(e) For certifying copies, documents, records or maps, $10 for each
certificate.

(f) For a blueprint copy of any map or drawing, the actual cost of
the work.

(g) For a computer-generated map, the actual cost of the work.

(h) For examining an application for approval of a change to an
existing water right or permit:

(A) A base fee of $350;

(B) $350 for each additional type of change requested; and

(C) For a request for a change in place of use or type of use or
for a water exchange under ORS 540.533, $175 for each second-foot or
fraction thereof requested beyond the first second-foot.

(i) For examining an application for a temporary change in place of
use under ORS 540.523, for a temporary transfer under ORS 540.585 or for
a temporary change in place of use, a change in the point of diversion to
allow for the appropriation of ground water or a change of a primary
right to a supplemental right under ORS 540.570, a base fee of $175 and:

(A) For nonirrigation uses, $75 for each second-foot or fraction
thereof requested beyond the first second-foot; or

(B) For irrigation uses, $1 per acre of land irrigated or, if the
application and required map are submitted to the department in a
department-approved digital format, 25 cents per acre of land irrigated.

(j) For submitting a protest to the department, $250.

(k) For filing an application for extension of time within which
irrigation or other works shall be completed or a water right perfected,
$250.

(L) For a limited license under ORS 537.143 or 537.534 (2), the fee
established by rule by the Water Resources Commission.

(m) For filing, examining and certifying a petition under ORS
541.329, $250 plus 10 cents per acre of water involved in the
application. For purposes of computing this fee, when any acreage within
a quarter quarter of a section is involved, the 10 cents per acre shall
apply to all acres in that quarter quarter of a section. Notwithstanding
the fee amount established in this paragraph, a district notifying the
department under ORS 541.327 (4) shall pay the actual cost of filing,
examining and certifying the petition.

(n) For requesting standing under ORS 537.153, 537.621 or 543A.120,
$50.

(o) For participating in a contested case proceeding under ORS
537.170, 537.622 or 543A.130, $200.

(p) Except for an applicant, for obtaining a copy of both a
proposed final order and a final order for a water right application
under ORS 537.140 to 537.252, 537.505 to 537.795 or 543A.005 to 543A.300,
$10.

(q) For examining an application to store water under ORS 537.409:

(A) A base fee of $40; and

(B) $10 for each acre-foot or fraction thereof, not to exceed a
total of $250.

(r) For submitting a notice of intent under ORS 543A.030 or
543A.075, the amount established by the Water Resources Director under
ORS 543A.410.

(s) For examining an application for a substitution made under ORS
540.524, $250.

(t) For examining an application for an allocation of conserved
water under ORS 537.455 to 537.500, $700.

(u) For submitting a water management and conservation plan
pursuant to rules of the Water Resources Commission:

(A) $250, if the plan is submitted by an agricultural water
supplier;

(B) $500, if the plan is submitted by a municipal water supplier
serving a population of 1,000 or fewer persons; or

(C) $1,000, if the plan is submitted by a municipal water supplier
serving a population of more than 1,000 persons.

(v) For examining a new application for an in-stream water right
lease under ORS 537.348:

(A) $200 for an application for a lease with four or more
landowners or four or more water rights; or

(B) $100 for all other applications.

(w) For examining an application for an in-stream water right lease
renewal, $50.

(2) Notwithstanding the fees established under subsection (1) of
this section, the Water Resources Commission may establish lower
examination and permit fees by rule for:

(a) The right to appropriate water for a storage project of five
acre-feet or less; or

(b) The right to appropriate water for the purpose of allowing the
applicant to water livestock outside of a riparian area, as that term is
defined in ORS 541.351.

(3) The Water Resources Director may refund all or part of a fee
paid to the department under this section if the director determines that
a refund of the fee is appropriate in the interests of fairness to the
public or necessary to correct an error of the department.

(4) The director may waive all or part of a fee for a change to a
water right permit under ORS 537.211 (4), a change to a water right
subject to transfer under ORS 540.520 or 540.523 or an allocation of
conserved water under ORS 537.470, if the change or allocation of
conserved water is:

(a) Made pursuant to ORS 537.348;

(b) Necessary to complete a project funded under ORS 541.375; or

(c) Approved by the State Department of Fish and Wildlife as a
change or allocation of conserved water that will result in a net benefit
to fish and wildlife habitat.

(5) Notwithstanding the fees established pursuant to this section,
the commission may adopt by rule reduced fees for persons submitting
materials to the department in a digital format approved by the
department.

(6) All moneys received under this section, less any amounts
refunded under subsection (3) of this section, shall be deposited in the
Water Resources Department Water Right Operating Fund.

(7) Notwithstanding subsection (6) of this section, all fees
received by the department for power purposes under ORS 543.280 shall be
deposited in the Water Resources Department Hydroelectric Fund
established by ORS 536.015. [Amended by 1961 c.187 §3; 1967 c.36 §1; 1973
c.163 §4; 1975 c.581 §21; 1981 c.627 §1; 1983 c.256 §1; 1985 c.673 §12;
1987 c.815 §8; 1989 c.587 §1; 1989 c.758 §1; 1989 c.933 §4; 1989 c.1000
§6; 1991 c.734 §49a; 1991 c.869 §4; 1995 c.416 §1; 1995 c.752 §6; 1997
c.449 §35; 1997 c.587 §1; 1999 c.555 §3; 1999 c.664 §1; 1999 c.665 §1;
1999 c.873 §19; 2003 c.594 §1; 2003 c.691 §4; 2003 c.705 §7; 2005 c.156
§1](1) 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,
contract for services or provide additional services to the person that
are within the authority of the department to provide.

(2) Notwithstanding the fees established in ORS 536.050, as part of
an agreement entered into under this section, the department may waive
all or part of a fee imposed for a service.

(3) The department may not modify existing processing priorities or
schedules or create processing priorities or schedules for a particular
department-provided service in order to compel a person to enter into an
agreement under this section. However, without violating this subsection,
the department may modify its processing priorities or schedules based on
the overall operating needs of the department.

(4) The department may not require that a person pay more for a
service under an agreement entered into under this section than the cost
to the department in providing the service to the person.

(5) The department shall review the responsibilities of the
department to identify services provided by the department that are
appropriate for the department to perform under the provisions of this
section. Failure to identify responsibilities under this subsection does
not prohibit the department from entering into agreements under this
section.

(6) Fees paid under this section shall be deposited in the State
Treasury to the credit of the department. Such moneys are continuously
appropriated to the department for the purpose of reviewing department
responsibilities to determine those services for which the authority
provided in this section may be used and for fulfilling the individual
agreements entered into pursuant to this section, including the
processing and review of:

(a) Water right permit applications, permit extensions, permit
amendments and final proof surveys;

(b) Water right exchanges and transfers; and

(c) Water management and conservation plans required by rule by the
department. [2003 c.745 §2](1) Any party affected by a final order
other than contested case issued by the Water Resources Commission or
Water Resources Department may appeal the 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 order is situated. The review shall be
conducted according to the provisions of ORS 183.484, 183.486, 183.497
and 183.500. A final order other than contested case issued by the Water
Resources Commission or the Water Resources Department must state on the
first page of the order that the order is a final order other than
contested case, that the order is subject to judicial review under ORS
183.484 and that any petition for judicial review of the order must be
filed within the time specified by ORS 183.484 (2). Any order other than
contested case issued by the Water Resources Commission or by the Water
Resources Department that does not comply with the requirements of this
section is not a final order.

(2) Any party affected by a final order in a contested case issued
by the Water Resources Commission or the Water Resources Department may
appeal the order to the Court of Appeals.

(3) An appeal under subsection (2) of this section shall be
conducted as provided in ORS 183.482 except as specifically provided in
subsections (4), (5) and (6) of this section.

(4) The petition shall state the facts showing how the petitioner
is adversely affected by the order and the ground or grounds upon which
the petitioner contends the order should be reversed or remanded.

(5) The filing of a petition in either the circuit court or the
Court of Appeals shall stay enforcement of the order of the commission or
the department unless the commission or the department determines that
substantial public harm will result if the order is stayed. If the
commission or the department denies the stay, the denial shall be in
writing and shall specifically state the substantial public harm that
will result from allowing the stay.

(6) The review by the Court of Appeals under subsection (2) of this
section shall be on the entire record forwarded by the commission or
department. The court may remand the case for further evidence taking,
correction or other necessary action. The court may affirm, reverse,
modify or supplement the order appealed from, and make such disposition
of the case as the court determines to be appropriate.

(7) The provisions of this section shall not apply to any
proceeding under ORS 537.670 to 537.695 or ORS chapter 539.

(8) For the purposes of this section, “final order” and “contested
case” have the meanings given those terms in ORS 183.310. [1985 c.673 §9;
1999 c.791 §1]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 records of, or any evidence filed with,
said State Water Board or State Water Superintendent.(1) In carrying out the duties, functions and powers
prescribed by law, the Water Resources Commission shall appoint a ground
water advisory committee to:

(a) Advise the commission on all matters relating to:

(A) Rules for the development, securing, use and protection of
ground water; and

(B) Licensing of well constructors, including the examination of
such persons for license.

(b) Review the proposed expenditure of all revenues generated under
ORS 537.762 (5). At least once each year, and before the expenditure of
such funds on new program activities, the Water Resources Department and
the ground water advisory committee shall develop jointly a proposed
expenditure plan for concurrence by the Water Resources Commission. The
plan may be modified, if necessary, upon the joint recommendation of the
department and the ground water advisory committee with concurrence by
the commission.

(2) The committee shall consist of nine members who represent a
range of interests or expertise. At least three of the members shall be
individuals actively engaged in some aspect of the water supply or
monitoring well drilling industry. Members shall serve for such terms as
the commission may specify. The committee shall meet at least once every
three months and at other times and places as the commission may specify.

(3) A member of the committee shall not receive compensation, but
at the discretion of the commission may be reimbursed for travel expenses
incurred, subject to ORS 292.495. [1977 c.749 §2; 1981 c.416 §9; 1985
c.673 §18; 1991 c.925 §1; 1993 c.774 §1]WATER RESOURCES ADMINISTRATION (1) The Legislative
Assembly recognizes and declares that:

(a) 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 resources of this state, and such
use and control is therefore a matter of greatest concern and highest
priority.

(b) A proper utilization and control of the water resources of this
state can be achieved only through a coordinated, integrated state water
resources policy, through plans and programs for the development of such
water resources and through other activities designed to encourage,
promote and secure the maximum beneficial use and control of such water
resources, all carried out by a single state agency.

(c) The economic and general welfare of the people of this state
have been seriously impaired and are in danger of further impairment by
the exercise of some single-purpose power or influence over the water
resources of this state or portions thereof by each of a large number of
public authorities, and by an equally large number of legislative
declarations by statute of single-purpose policies with regard to such
water resources, resulting in friction and duplication of activity among
such public authorities, in confusion as to what is primary and what is
secondary beneficial use or control of such water resources and in a
consequent failure to utilize and control such water resources for
multiple purposes for the maximum beneficial use and control possible and
necessary.

(2) The Legislative Assembly, therefore, finds that:

(a) It is in the interest of the public welfare that a coordinated,
integrated state water resources policy be formulated and means provided
for its enforcement, that plans and programs for the development and
enlargement of the water resources of this state be devised and promoted
and that other activities designed to encourage, promote and secure the
maximum beneficial use and control of such water resources and the
development of additional water supplies be carried out by a single state
agency which, in carrying out its functions, shall give proper and
adequate consideration to the multiple aspects of the beneficial use and
control of such water resources with an impartiality of interest except
that designed to best protect and promote the public welfare generally.

(b) The state water resources policy shall be consistent with the
goal set forth in ORS 468B.155. [1955 c.707 §1; 1989 c.833 §53] It is the policy of the
State of Oregon that establishment of minimum perennial stream flows is a
high priority of the Water Resources Commission and the Water Resources
Department. [1983 c.796 §2; 1985 c.673 §13] (1) The Legislative
Assembly finds and declares that:

(a) The water resources of the state are critical to the economic
and recreational well-being of the people of Oregon.

(b) The future vitality of the state’s economy depends on immediate
planning to insure future availability of water resources.

(c) Measures to insure adequate water resources to meet the needs
of future generations of Oregonians must be pursued.

(d) The potential for a future shortage of water poses serious
risks to public health, safety and welfare and therefore is a matter of
statewide concern.

(2) Therefore, the Legislative Assembly, in addressing the problem
of how to insure adequate water resources for in-stream and out-of-stream
uses in the future, declares that it is a high priority of the state to
both:

(a) Develop environmentally acceptable and financially feasible
multipurpose water storage facilities; and

(b) Enhance watershed storage capacity through natural processes
using nonstructural means. [1993 c.386 §1]Note: 536.238 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 536 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The Legislative Assembly finds
that the availability of an adequate water supply is essential to the
continued health and safety of all Oregonians.

(2) 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 state’s water resources. Further, in recognition of this policy, the
Legislative Assembly declares that the planning and management of the
water resources of this state shall be conducted in a consistent and
coordinated manner. [1999 c.984 §2]Note: 536.241 was added to and made a part of ORS chapter 536 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) 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:

(a) Will be of short duration during each year;

(b) Will be for a continuous period of no longer than five years;

(c) Is largely nonconsumptive in nature and not likely to be
regulated for other water rights;

(d) Is necessary to ensure public health, welfare and safety;

(e) Is necessary to avoid extreme hardship;

(f) Will provide a public benefit such as riparian or watershed
improvement; or

(g) Is of an unusual nature not likely to recur in the basin, and
unlikely to have been within the uses considered by the commission in
classifying the uses presently allowed in the applicable basin program
including but not limited to:

(A) Exploratory thermal drilling;

(B) Heat exchange;

(C) Maintaining water levels in a sewage lagoon; or

(D) Facilitating the watering of livestock away from a river or
stream.

(2) A permit granted on or before January 1, 1993, for a
quasi-municipal use of water shall be considered a permit for a
classified use under ORS 536.340 if at the time the application was
submitted or the permit was granted, the basin program identified
municipal use as a classified use.

(3) The commission by rule may determine the specific uses
permitted within a classified use.

(4) In making the determination under subsection (1) of this
section, the commission shall evaluate whether the proposed use is
consistent with the general policies established in the applicable basin
program.

(5) The Water Resources Department shall process and evaluate an
application allowed by the commission under subsections (1) to (4) of
this section in the same manner as any other water right application,
including determining whether the proposed use would result in injury to
an existing water right. [1989 c.9 §1; 1993 c.591 §1; 1999 c.703 §1](1) 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 for pollution abatement, all
of which are declared to be beneficial uses, and all other related
subjects, including drainage, reclamation, floodplains and reservoir
sites.

(2) Based upon said studies and after an opportunity to be heard
has been given to all other state agencies which may be concerned, the
commission shall progressively formulate an integrated, coordinated
program for the use and control of all the water resources of this state
and issue statements thereof.

(3) The commission may adopt or amend a basin program only after
holding at least one public hearing in the affected river basin. After
the commission itself conducts one public hearing in the affected river
basin, the commission may delegate to the Water Resources Director the
authority to conduct additional public hearings in the affected river
basin. [1955 c.707 §10(1), (2); 1965 c.355 §2; 1985 c.673 §14]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:

(1) Existing rights, established duties of water, and relative
priorities concerning the use of the waters of this state and the laws
governing the same are to be protected and preserved subject to the
principle that all of the waters within this state belong to the public
for use by the people for beneficial purposes without waste;

(2) It is in the public interest that integration and coordination
of uses of water and augmentation of existing supplies for all beneficial
purposes be achieved for the maximum economic development thereof for the
benefit of the state as a whole;

(3) That adequate and safe supplies be preserved and protected for
human consumption, while conserving maximum supplies for other beneficial
uses;

(4) Multiple-purpose impoundment structures are to be preferred
over single-purpose structures; upstream impoundments are to be preferred
over downstream impoundments. The fishery resource of this state is an
important economic and recreational asset. In the planning and
construction of impoundment structures and milldams and other artificial
obstructions, due regard shall be given to means and methods for its
protection;

(5) Competitive exploitation of water resources of this state for
single-purpose uses is to be discouraged when other feasible uses are in
the general public interest;

(6) In considering the benefits to be derived from drainage,
consideration shall also be given to possible harmful effects upon ground
water supplies and protection of wildlife;

(7) The maintenance of minimum perennial stream flows sufficient to
support aquatic life, to minimize pollution and to maintain recreation
values shall be fostered and encouraged if existing rights and priorities
under existing laws will permit;

(8) Watershed development policies shall be favored, whenever
possible, for the preservation of balanced multiple uses, and project
construction and planning with those ends in view shall be encouraged;

(9) Due regard shall be given in the planning and development of
water recreation facilities to safeguard against pollution;

(10) It is of paramount importance in all cooperative programs that
the principle of the sovereignty of this state over all the waters within
the state be protected and preserved, and such cooperation by the
commission shall be designed so as to reinforce and strengthen state
control;

(11) Local development of watershed conservation, when consistent
with sound engineering and economic principles, is to be promoted and
encouraged;

(12) When proposed uses of water are in mutually exclusive conflict
or when available supplies of water are insufficient for all who desire
to use them, preference shall be given to human consumption purposes over
all other uses and for livestock consumption, over any other use, and
thereafter other beneficial purposes in such order as may be in the
public interest consistent with the principles of chapter 707, Oregon
Laws 1955, under the existing circumstances; and

(13) Notwithstanding any other provision of this section, when
available supplies of water are insufficient in the South Umpqua River to
provide for both the needs of human consumption pursuant to a municipal
water right and the maintenance of previously established minimum stream
flows, preference shall be given to the municipal needs if the
municipality adopts and enforces an ordinance restricting use of the
water so obtained to direct human consumption uses. [1955 c.707 §10(3);
1979 c.170 §1; 1987 c.546 §1]Note: The Legislative Counsel has not, pursuant to 173.160,
undertaken to substitute specific ORS references for the words “chapter
707, Oregon Laws 1955,” in 536.310 and 536.330. Chapter 707, Oregon Laws
1955, enacted into law and amended the ORS sections which may be found by
referring to the 1955 Comparative Section Table located in Volume 20 of
Oregon Revised Statutes.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. [1965
c.355 §4; 1985 c.673 §179; 1987 c.158 §114] The Water Resources
Commission shall not have power:

(1) To interfere with, supervise or control the internal affairs of
any state agency or public corporation;

(2) To modify, set aside or alter any existing right to use water
or the priority of such use established under existing laws; or

(3) To modify or amend any standard or policy as prescribed in ORS
536.310 nor to adopt any rule or regulation in conflict therewith. [1955
c.707 §10(4)]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 laws now existing or hereinafter enacted
that relate to or affect the use and control of the water resources of
Note: See note under 536.310.(1) Subject at all times to
existing rights and priorities to use waters of this state, the Water
Resources Commission:

(a) 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 for the future in aid of an integrated
and balanced program for the benefit of the state as a whole. The
commission may so classify and reclassify portions of any such sources of
water supply separately. Classification or reclassification of sources of
water supply as provided in this subsection has the effect of restricting
the use and quantities of use thereof to the uses and quantities of uses
specified in the classification or reclassification, and no other uses or
quantities of uses except as approved by the commission under ORS 536.370
to 536.390 or as accepted by the commission under ORS 536.295.
Restrictions on use and quantities of use of a source of water supply
resulting from a classification or reclassification under this subsection
shall apply to the use of all waters of this state affected by the
classification or reclassification, and shall apply to uses listed in ORS
537.545 that are initiated after the classification or reclassification
that imposes the restriction.

(b) Shall diligently enforce laws concerning cancellation, release
and discharge of excessive unused claims to waters of this state to the
end that such excessive and unused amounts may be made available for
appropriation and beneficial use by the public.

(c) May, by a water resources statement referred to in ORS 536.300
(2) and subject to the preferential uses named in ORS 536.310 (12),
prescribe preferences for the future for particular uses and quantities
of uses of the waters of any lake, stream or other source of water supply
in this state in aid of the highest and best beneficial use and
quantities of use thereof. In prescribing such preferences the commission
shall give effect and due regard to the natural characteristics of such
sources of water supply, the adjacent topography, the economy of such
sources of water supply, the economy of the affected area, seasonal
requirements of various users of such waters, the type of proposed use as
between consumptive and nonconsumptive uses and other pertinent data.

(2) In classifying or reclassifying a source of water supply or
prescribing preferences for the future uses of a source of water supply
under subsection (1) of this section, the commission shall:

(a) Comply with the requirements set forth in the Water Resources
Department coordination program developed pursuant to ORS 197.180; and

(b) Cause notice of the hearing held under ORS 536.300 (3) to be
published in a newspaper of general circulation once each week for four
successive weeks in each county:

(A) In which waters affected by the action of the commission under
subsection (1) of this section are located; or

(B) That is located within the basin under consideration.

(3) Before beginning any action under subsection (2) of this
section that would limit new ground water uses that are exempt under ORS
537.545 from the requirement to obtain a water right, the commission
shall:

(a) Review the proposed action to determine whether the proposal is
consistent with ORS 537.780;

(b) Provide an opportunity for review by:

(A) Any member of the Legislative Assembly who represents a
district where the proposed action would apply; and

(B) Any interim committee of the Legislative Assembly responsible
for water-related issues; and

(c) Receive and consider a recommendation on the proposal from the
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 state which receives a copy of a water resources
statement shall give to the commission a receipt for the water resources
statement. A copy of any such statement duly certified by the Water
Resources Director to be a full, true and correct copy shall be received
in evidence in any court in the state and if the certificate recites that
a copy of the statement was delivered to a particular state agency or
public corporation of this state, it shall be presumed that the same was
actually delivered as stated in the certificate. [1955 c.707 §10(7); 1985
c.673 §16]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 tend to derogate from or
interfere with the state water resources policy shall be lawful. [1955
c.707 §11](1) 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 state water
resources policy as set forth in the statement, shall be effective or
enforceable until approved by the Water Resources Commission as provided
in subsection (2) of this section.

(2) The exercise of any power, duty or privilege referred to in
subsection (1) of this section shall be deemed approved by the commission
if:

(a) The commission grants its approval as provided in ORS 536.390;
or

(b) The commission does not notify the state agency or public
corporation within 30 days after the filing of the notification as
provided in ORS 536.380 (1) of the intention of the commission to review
the proposed exercise of the power, duty or privilege; or

(c) The commission grants its approval as provided in ORS 536.380
(4). [1955 c.707 §12](1) 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 proposed exercise. The notification shall be in such
form and shall contain a description of the proposed exercise and such
other information as the commission may require. The notification shall
be a public record in the office of the commission.

(2) Within 30 days after the filing of the notification as provided
in subsection (1) of this section, the commission shall notify the state
agency or public corporation of the intention of the commission to review
the proposed exercise of the power, duty or privilege, if:

(a) The commission, in its discretion, determines that a review
should be undertaken; or

(b) A protest against the proposed exercise is filed with the
commission within 25 days after the filing of the notification as
provided in subsection (1) of this section by any person, state agency or
public corporation of this state or agency of the federal government.

(3) The commission, in its discretion, may hold a public hearing on
the proposed exercise of the power, duty or privilege. The commission
shall determine the time and place of the public hearing, and shall give
written notice thereof to the state agency or public corporation whose
proposed exercise of a power, duty or privilege is being reviewed and to
each protestant under subsection (2)(b) of this section, if any, at least
10 days prior to the hearing. Notice of the hearing shall also be
published in at least one issue each week for at least two consecutive
weeks prior to the hearing in a newspaper of general circulation
published in each county in which the proposed exercise of the power,
duty or privilege is to take place or be effective.

(4) After the commission has notified the state agency or public
corporation of the intention of the commission to review the proposed
exercise of the power, duty or privilege as provided in subsection (2) of
this section, the commission shall undertake the review and proceed
therewith with reasonable diligence. At the conclusion of the review the
commission shall make a determination approving the proposed exercise,
approving the proposed exercise subject to conditions specified in the
determination or disapproving the proposed exercise. A copy of the
determination by the commission shall be delivered to the state agency or
public corporation whose proposed exercise of a power, duty or privilege
was reviewed and to each protestant under subsection (2)(b) of this
section, if any. [1955 c.707 §14] 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 536.350, without the
filing of the notification as provided in ORS 536.380 (1). Each
agreement, order, rule or regulation shall specifically provide for the
modification or revocation thereof at the discretion of the commission
and upon reasonable notice to the state agency or public corporation, and
may contain such other conditions, limitations or requirements as the
commission, in its discretion, may require to insure the accomplishment
of the purposes of the state water resources policy. [1955 c.707 §13](1) 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 the approval of the Water Resources
Commission as provided in ORS 536.370 (2).

(2) The commission, may apply to the circuit court of the county in
which a violation is alleged to exist for the restraining by appropriate
process of the commission or continuation of a violation, or for the
enforcement by appropriate process of compliance with ORS 536.370 to
536.390. [1955 c.707 §15](1) When the Water Resources Commission determines that
it is necessary to insure 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 released from storage or impoundment into
the natural flow of a stream for specified purposes, be withdrawn from
appropriation for all or any uses including exempt uses under ORS
537.545, the commission, on behalf of the state, may issue an order of
withdrawal.

(2) Prior to the issuance of the order of withdrawal the commission
shall hold a public hearing on the necessity for the withdrawal. Notice
of the hearing shall be published in at least one issue each week for at
least two consecutive weeks prior to the hearing in a newspaper of
general circulation published in each county in which are located the
waters proposed to be withdrawn.

(3) The order of withdrawal shall specify with particularity the
waters withdrawn from appropriation, the uses for which the waters are
withdrawn, the reason for the withdrawal and the duration of the
withdrawal. The commission may modify or revoke the order at any time.

(4) Copies of the order of withdrawal and notices of any
modification or revocation of the order of withdrawal shall be filed in
the Water Resources Department.

(5) While the order of withdrawal is in effect, no application for
a permit to appropriate the waters withdrawn for the uses specified in
the order and no application for a preliminary permit or license
involving appropriations of such waters shall be received for filing by
the Water Resources Commission. [1955 c.707 §16; 1961 c.224 §11; 1985
c.673 §17; 1989 c.833 §55](1) 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 state, between this state or any state agency or public
corporation thereof and any other state, any state agency or public
corporation thereof or the federal government or any agency thereof.

(2) The representative or representatives designated by the
Governor under subsection (1) of this section shall make every effort
practicable to ensure that the compact or other agreement, as formulated,
entered into and carried out, is in harmony with the state water
resources policy and otherwise with the public interest in encouraging,
promoting and securing the maximum beneficial use and control of the
water resources of this state.

(3) The commission in carrying out an investigation pertaining to
water resources may cooperate with state agencies of California for the
purpose of formulating, executing and submitting to the legislatures of
Oregon and California for their approval, interstate compacts relative to
the distribution and use of the waters of Goose Lake and tributaries
thereto. No compacts or agreements formulated as provided in this section
are binding upon this state until they have been approved by the
legislature of this state and the Congress of the United States.

(4) Any state agency or public corporation of this state required
or permitted by law to formulate, enter into or carry out any compact or
other agreement referred to in subsection (1) of this section shall give
timely and adequate notice to the commission before it undertakes any
action under such requirement or permission. [1955 c.707 §17; 1961 c.298
§1; 1975 c.581 §25; 1999 c.59 §169]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. [1955 c.707 §18] 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 water resources of this state as it
deems necessary to facilitate and assist in carrying out its functions as
provided by law. [1955 c.707 §20] 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 or project concerning the use or control of the water resources
of this state in harmony with the state water resources policy or
otherwise with the public interest in encouraging, promoting and securing
the maximum beneficial use and control of the water resources of this
state. [1955 c.707 §19]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 federal
government or any committee of the legislature of this or any other state
or of the Congress of the United States. [1955 c.707 §22]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 state or to facilitate and assist the commission in
carrying out its functions as provided by law. [1955 c.707 §21]
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, including information relating to the state water resources policy,
to any plan or program devised by the commission for the development of
the water resources of this state, to the results of any investigation,
survey or study conducted by the commission and to the results of any
hearing held by the commission. [1955 c.707 §23] 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. [1955 c.707 §24]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 moneys received by the commission under this section
shall be deposited in the State Treasury and, unless otherwise prescribed
by the source from which such moneys were received, shall be kept in
separate accounts in the General Fund designated according to the
purposes for which the moneys were made available. Notwithstanding the
provisions of ORS 291.238, all such moneys are continuously appropriated
to the commission for the purposes for which they were made available and
shall be expended in accordance with the terms and conditions upon which
they were made available. [1955 c.707 §25](1) In order to facilitate and
assist in carrying out its functions as provided by law, the Water
Resources Commission may:

(a) 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 acquire in the performance of their
functions.

(b) Have access to the records, facilities or projects of state
agencies or public corporations of this state, insofar as such records,
facilities or projects may concern the water resources of this state or
the functions of the commission with regard thereto.

(c) Otherwise utilize the services, records and other facilities of
state agencies or public corporations of this state to the maximum extent
practicable.

(2) Upon request by the commission, all officers and employees of
state agencies or public corporations of this state shall cooperate to
the maximum extent practicable with the commission under subsection (1)
of this section.

(3) Upon receipt and approval by the commission of approved claims
therefor, any special or extraordinary expense incurred by any state
agency or public corporation of this state in cooperating with the
commission under this section shall be paid by the commission. [1955
c.707 §§27,28] 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. [1955 c.707 §31]MISCELLANEOUS PROVISIONSThe 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 Treasurer shall
safely keep the same subject to call of the Water Resources Commission.
[Formerly 544.050; 1957 c.351 §3; 1985 c.673 §19]
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 of chapter 707, Oregon Laws 1955,
nor in ORS 509.585 shall be construed to take away or impair any right to
any waters or to the use of any waters vested and inchoate prior to
August 3, 1955. [1955 c.707 §55; 1973 c.723 §125; 1985 c.673 §181; 2001
c.923 §15]
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 of 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.
[1955 c.707 §77; 1969 c.168 §2; 1985 c.673 §182]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:

(1) Specify that the State of Oregon has determined that Detroit
Lake is an important recreational resource to the citizens of Oregon.

(2) Encourage the United States Army Corps of Engineers to place
Detroit Lake as the highest priority recreational use lake in the
Willamette Basin reservoir system.

(3) If the United States Army Corps of Engineers indicates that
recreational use of Detroit Lake will not receive the highest priority,
notify communities that may be detrimentally affected by such a decision
and hold public meetings within the affected communities. [2001 c.837 §1]Note: 536.595 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 536 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.EMERGENCY WATER SHORTAGE POWERSAs 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. [1977 c.541 §3] (1) 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.

(2) The Legislative Assembly finds it necessary in the event of an
emergency described in subsection (1) of this section, to promote water
conservation and to provide an orderly procedure to assure equitable
curtailment, adjustment, allocation or regulation in the domestic,
municipal and industrial use of water resources where more than one user
is dependent upon a single source of supply. [1977 c.541 §1](1) 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, continuing drought
requires the exercise of state authority.

(2)(a) After a declaration that a severe, continuing drought
exists, or is likely to exist, the Governor may order individual state
agencies and political subdivisions within any drainage basin or subbasin
to implement, within a time certain following the declaration, a water
conservation or curtailment plan or both, approved under ORS 536.780.

(b) Each state agency and political subdivision ordered to
implement a water conservation or curtailment plan shall file with the
Water Resources Commission such periodic reports regarding implementation
of the plans as the commission or the Governor may require.

(3) Orders provided for in subsection (2) of this section and
curtailments, adjustments, allocations and regulations ordered pursuant
thereto shall be designed insofar as practicable not to discriminate
within any class of consumers.

(4) It is the intent of the Legislative Assembly that curtailments,
adjustments, allocations and regulations ordered pursuant to subsection
(2) of this section be continued only so long as a declaration by the
Governor of the existence of severe, continuing drought is in effect.

(5) The Governor may direct individual state agencies and political
subdivisions of this state to seek enforcement of all orders and
regulations issued pursuant to ORS 536.780 and subsection (2) of this
section. [1977 c.541 §2; 1985 c.673 §20; 1989 c.87 §7] 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. [1977 c.541 §4; 1989 c.87 §8] 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. [1989 c.87 §2]
(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 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 report
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 in place of the notice and
waiting requirement provided in ORS 540.524.

(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. [1989 c.87 §3;
1999 c.873 §20; 2001 c.788 §1] 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. [1989 c.87 §4](1) 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.

(2) A local government, public corporation or water right holder
proposing to purchase an option or enter an agreement under this section
shall submit to the commission an application accompanied by the fee
required under ORS 536.050 (1)(a).

(3) After approval of the application by the commission, the option
or agreement user:

(a) Is not required to construct any diversion or appropriation
facilities or works;

(b) May use the water acquired under the option or agreement on
property or for a use different than allowed in the permit or water right
transferred under the option or agreement, if the water is used to
replace water not available to the local government, public corporation
or water right holder because of the drought; and

(c) May begin use at any time after approval by the commission so
long as the total use by the water right or permit holder and the option
or agreement user is within the rate, volume and seasonal limits of the
permit or water right. [1989 c.87 §5; 1993 c.349 §1; 1997 c.587 §3; 2001
c.788 §2](1) 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 state agencies and
political subdivisions more than 30 days following the order to file the
plan depending on the urgency for the plan.

(2)(a) The water conservation plan shall specify efforts to be made:

(A) To reduce usage of water resources for nonessential public
purposes;

(B) To undertake activities consistent with law designed to promote
conservation, prevention of waste, salvage and reuse of water resources;
and

(C) To establish programs consistent with law designed to promote
conservation, prevention of waste, salvage and reuse of water resources.

(b) When a state agency or political subdivision files a water
conservation plan with the Water Resources Commission, the commission
shall review the plan and approve it if the commission finds that the
plan satisfactorily promotes uniformity in water conservation practices
and the coordination of usage regulation, taking into account local
conditions.

(3)(a) The water curtailment plan, in order to provide water
necessary for human and livestock consumption during a severe and
continuing drought, shall specify efforts to be made:

(A) To curtail, adjust or allocate the supply of water resources
for domestic, municipal and industrial use; and

(B) To regulate the times and manner in which water resources are
consumed.

(b) When a state agency or political subdivision files a water
curtailment plan with the Water Resources Commission, the commission
shall review the plan and approve it if the commission finds that the
plan satisfactorily promotes uniformity in water curtailment practices
and the coordination of usage regulation, taking into account local
conditions.

(4) If a state agency or political subdivision fails to file a
water conservation or curtailment plan when so ordered, or if the
commission does not approve a filed plan, the commission may develop
appropriate plans. [1989 c.87 §6]PENALTIES (1) In addition to any other
liability or penalty provided by law, the Water Resources Commission may
impose a civil penalty on a person for any of the following:

(a) Violation of any of the terms or conditions of a permit,
certificate or license issued under ORS chapters 536 to 543A.

(b) Violation of ORS 537.130 or 537.535.

(c) Violation of any rule or order of the Water Resources
Commission that pertains to well maintenance.

(d) Violation of ORS 540.045, 540.145, 540.210, 540.310, 540.320,
540.330, 540.340, 540.435, 540.440, 540.570 (5), 540.710, 540.720 and
540.730 or rules adopted under ORS 540.145.

(2) A civil penalty may be imposed under this section for each day
of violation of ORS 537.130, 537.535, 540.045, 540.310, 540.330, 540.570
(5), 540.710, 540.720 or 540.730.

(3) In the event the petitioner knowingly misrepresents the map and
petition required in ORS 541.329, the commission may assess a penalty of
up to $1,000 based upon guidelines to be established by the commission.
In addition, the petition and map shall be amended to correct the error
at the petitioner’s cost. Affected users shall be given notice as
provided in ORS 541.329 (5).

(4) A civil penalty may not be imposed until the commission
prescribes a reasonable time to eliminate the violation. The commission
shall notify the violator of the time allowed to correct a violation
within five days after the commission first becomes aware of the
violation.

(5) Notwithstanding any term or condition of a permit, certificate
or license, the rotation of the use of water under ORS 540.150 may not be
considered a violation under subsection (1) of this section. [1989 c.618
§1; 1991 c.869 §5; 1993 c.818 §5; 1999 c.873 §21; 2001 c.788 §§6,12; 2003
c.705 §§17,18]Note: 536.900 to 536.935 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 536 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) Any civil penalty
under ORS 536.900 shall be imposed as provided in ORS 183.745.

(2) 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.
[1989 c.618 §2; 1991 c.734 §50]Note: See note under 536.900. 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. [1989 c.618 §3]Note: See note under 536.900. 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. [1989 c.618 §4]Note: See note under 536.900. In
imposing a penalty pursuant to the schedule adopted pursuant to ORS
536.910, the Water Resources Commission shall consider the following
factors:

(1) The past history of the person incurring a penalty in taking
all feasible steps or procedures necessary or appropriate to correct any
violation.

(2) Any prior violations of statutes, rules or orders pertaining to
water use.

(3) The economic and financial conditions of the person incurring
the penalty, including any financial gains resulting from the violation.

(4) The immediacy and extent to which the violation threatens other
rights to the use of water or the public health or safety or the public
interest in the waters of this state. [1989 c.618 §5]Note: See note under 536.900. 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. [1989 c.618 §7; 1991 c.734 §51]Note: See note under 536.900. 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. [1989 c.618 §8; 1999 c.873 §22]Note: See note under 536.900.

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USA Statutes : oregon