Usa Oregon

USA Statutes : oregon
Title : TITLE 44 FORESTRY AND FOREST PRODUCTS
Chapter : Chapter 542 Water Resource Surveys and Projects; Compacts
In
order that the natural resources of Oregon in land, water and power may
be utilized to the highest advantage of the people, complete cooperation
between the state and federal authorities in controlling, investigating
and developing these resources in the interest of the people of the state
is essential. Therefore, the Water Resources Commission may, on behalf of
this state, enter into a contract or agreement with any federal
department or bureau having jurisdiction in such matters for the
execution of such surveys and investigations and the preparation of such
plans, specifications and estimates or other data by cooperation between
the state and the federal department or bureau as will, in the judgment
of the Water Resources Commission, approved by the Governor, be best
suited to accomplish the purposes of ORS 542.010 to 542.050. However, in
no case shall the proportion of expense to be borne by this state exceed
the proportion to be borne by the other party to the contract or
agreement. [Amended by 1985 c.673 §130]The intent of ORS 542.010 to 542.050, as
outlined in ORS 542.010, is to have on file ready and available, such
detailed surveys and information as will not only permit, but will tend
to induce, the beneficial use of water by private persons, irrigation
districts, corporations, or possibly by the state or national government.As soon as practicable after the completion of the surveys
and investigations, the Water Resources Commission shall prepare or have
prepared a report setting forth the plans, specifications and estimated
cost of construction, maintenance and operation of the projects, together
with any other information tending to show their feasibility, and may in
the discretion of the commission have the report printed in pamphlet form
and distributed to those interested. Copies of completed maps, plans,
specifications, estimates and reports secured or prepared in connection
with any such investigation shall be kept on file in the Water Resources
Department at all times, and open for public inspection during business
hours. [Amended by 1985 c.673 §131](1)
The Water Resources Commission, on behalf of the state, shall withdraw
and withhold from appropriation any unappropriated water which may be
required for any project under investigation or to be investigated under
the provisions of ORS 542.010 to 542.050. If the project is found to be
feasible, the commission shall withhold the same from appropriation until
the money expended in the investigation of the project is repaid to the
cooperating parties in proportion to the amount contributed by each
unless funds for construction are provided by one or both of the
cooperating parties, in which case the commission shall issue a permit
without requiring such repayment. No permit to appropriate water which
may be in conflict with any such project under investigation shall be
approved by the commission, nor shall any assignment of plans and
information or any part thereof be made except upon consideration and
order by the commission after full hearing of all interested parties.

(2) Any moneys returned to the commission under the provisions of
this section shall promptly be turned over to the State Treasurer and
credited to the General Fund in the State Treasury. [Amended by 1985
c.673 §132] As the
purposes of ORS 542.010 to 542.050 are to secure the most immediate, as
well as the most beneficial, ultimate use of the available waters for any
certain project, the Water Resources Commission, as occasion may require,
may grant permits and arrange the details so that minor portions of the
project may be segregated and constructed at any time. However, the
segregation and development of such minor parts shall not interfere to
any serious extent with the handling or completion of the balance of the
project. [Amended by 1985 c.673 §133]The Water Resources Commission shall establish gauging
stations at suitable points on the various streams of the state to
determine the daily and seasonal fluctuations in the flow of the water;
shall make surveys and profiles to determine the fall of stream suitable
for power development; and shall prepare topographic maps of the
territory adjacent to the private streams of the state, so that the
availability of water for power, irrigation or other beneficial uses may
be determined and made known to the public. All such maps and information
shall be made a matter of record in the Water Resources Department and
the commission shall publish a summary of all such information in the
most practical and economical manner for presentation to the public. The
commission shall enter into such agreements and contracts as will insure
that the surveys and investigations are carried on in the most economical
manner, and that the maps and data are made available to the use of the
public as quickly as possible. [Amended by 1985 c.673 §134] In order to carry out the purpose of ORS
542.060 all persons employed under that section may enter and cross all
lands within the state; provided, that in so doing, no unnecessary damage
is done to private property.(1) The Water Resources
Commission, with the approval of the Governor, may identify proposed or
existing water projects which offer significant public benefit, and
recommend to the Legislative Assembly funding of those projects in
proportion to the public benefits offered by an existing project, or
expected to be obtained from a proposed project.

(2) In order to be eligible for funding under subsection (1) of
this section, the Water Resources Commission must identify an existing
project within five years after the project first becomes operable. [1981
c.172 §3; 1985 c.673 §135; 1989 c.587 §4] On behalf of
this state, the Water Resources Commission may cooperate with the Federal
Energy Regulatory Commission, the United States Geological Survey, the
United States Reclamation Service, or any other federal agency or
commission engaged in similar work, and may enter into contracts or
agreements whenever it appears desirable or advantageous to the state.
[Amended by 1985 c.673 §136]Any moneys arising from power licenses under the Federal
Waterpower Act, approved June 10, 1920, and paid over to the state, shall
be credited by the State Treasurer to the General Fund.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 conducting
hydrologic investigations of Oregon water resources and to assist in
carrying out the commission’s functions as provided by law. All moneys
received by the commission under this section shall be kept in separate
accounts designated according to the purposes for which such moneys were
received. The commission shall keep a true and full account of receipts
and disbursements under this section. [1965 c.77 §2; 1985 c.673 §137]WILLAMETTE RIVER BASIN PROJECT
(1) It hereby is declared that public interest, welfare, convenience and
necessity require the construction of a system of works in accordance
with the general comprehensive plan for flood control, navigation and
other purposes in the Willamette River Basin, as set forth in House
Document 544, Seventy-fifth Congress, third session, and the Act of the
Seventy-fifth Congress approved June 28, 1938, 52 Stat. 1222, authorizing
the construction of certain public works, including the Willamette River
Basin Project.

(2) The Water Resources Commission may act for the state in all
matters necessary or advisable in the promotion, construction and
maintenance of the Willamette River Basin Project. [Amended by 1955 c.707
§57]


In order to further necessary investigations and studies for
the maximum development of the Rogue River basin and watershed and to
conserve established and potential uses thereof, and to facilitate full
consideration of various projects to accomplish a coordinated and
comprehensive development of the basin and watershed, the United States
and its authorized agencies may construct in the Rogue River and on its
bed dams and such other structures as the government deems necessary,
upon compliance with the laws of Oregon. However, no dam or structure
hereby authorized shall be placed in the Rogue River between the
intersection of the river with the south line of section 10, township 34
south, range 1 west of the Willamette Meridian in Jackson County, and the
confluence of that river with the Pacific Ocean, which would interfere
with the free passage of fish up or down stream. No dam or other
structure shall be constructed by any person in or on the bed of the
Rogue River below its intersection with the south line of section 27,
township 33 south, range 1 east of the Willamette Meridian, in Jackson
County, except as authorized by this section.


(1) The Legislative Assembly of the State of Oregon
hereby ratifies the Oregon-California Goose Lake Interstate Compact as
set out in ORS 542.520. The provisions of the compact are declared to be
the laws of this state at such time as the compact becomes effective as
provided in subsection (2) of this section.

(2) The compact becomes effective when it has been ratified by the
legislatures of the States of Oregon and California and has been
consented to by the Congress of the United States as provided in Article
VII of the compact. [1963 c.473 §1]Note: The Oregon-California Goose Lake Interstate Compact was
ratified by the Legislative Assembly of Oregon on June 6, 1963. The
compact was ratified by the State of California by chapter 1059,
California Statutes 1963 (signed by Governor on June 28, 1963). The
Congress of the United States consented to the compact by Public Law
98-334, 98th Congress. The
provisions of the Oregon-California Goose Lake Interstate Compact are as
follows:ARTICLE I

PURPOSES

The major purposes of this compact are:

A. To facilitate and promote the orderly, integrated and
comprehensive development, use, conservation and control of the water
resources of Goose Lake Basin.

B. To further intergovernmental cooperation and comity and to
remove the causes of present and future controversies by (1) providing
for continued development of the water resources of Goose Lake Basin by
the States of California and Oregon, and (2) prohibiting the export of
water from Goose Lake Basin without consent of the legislatures of
California and Oregon.

ARTICLE II

DEFINITION OF TERMS

As used in this compact:

A. “Goose Lake Basin” shall mean the drainage area of Goose Lake
within the States of California and Oregon and all closed basins included
in the Goose Lake drainage basin as delineated on the official map of the
Goose Lake Basin which is attached to and made a part of this compact.

B. “Person” shall mean the States of Oregon and California, any
individual and any other entity, public or private.

C. “Water,” “waters” or “water resources” shall mean any water
appearing on the surface of the ground in streams, lakes, or otherwise,
and any water beneath the land surface or beneath the bed of any stream,
lake, reservoir or other body of surface water within the boundaries of
Goose Lake Basin.

ARTICLE III

DISTRIBUTION AND USE OF WATER

A. There are hereby recognized vested rights to the use of waters
originating in Goose Lake Basin existing as of the effective date of this
compact and established under the laws of California and Oregon.

B. Except as provided in this Article, this compact shall not be
construed as affecting or interfering with appropriation under the laws
of California and Oregon of unappropriated waters of Goose Lake Basin for
use within the basin.

C. Export of water from Goose Lake Basin for use outside the basin
without prior consent of both state legislatures is prohibited.

D. Each state hereby grants the right for a person to construct and
operate facilities for the measurement, diversion, storage and conveyance
of water from the Goose Lake Basin in one state for use within the basin
in the other state, providing the right to such use is secured by
appropriation under the general laws administered by the Water Resources
Director of the State of Oregon or the Water Rights Board of California
and the laws of the state from which the water is to be taken shall
control.

E. Should any facilities be constructed in one state to implement
use of water in the other state, the construction, operation, repairs and
replacement of such facilities shall be subject to the laws of the state
in which the facilities are constructed.

ARTICLE IV

ADMINISTRATION

No commission or administrative body is necessary to administer
this compact.

ARTICLE V

TERMINATION

This compact may be terminated at any time by consent of the
legislatures of California and Oregon and upon such termination all
rights then established hereunder shall continue unimpaired.

ARTICLE VI

GENERAL PROVISIONS

Nothing in this compact shall be construed to limit, or prevent any
state from instituting or maintaining any action or proceeding, legal or
equitable, in any court having jurisdiction thereof for the protection of
any right under this compact or the enforcement of any of its provisions.

ARTICLE VII

RATIFICATION

A. This compact shall become operative when ratified by the
legislatures of California and Oregon and consented to by the Congress of
the United States.

B. This compact shall remain in full force and effect until amended
in the same manner as is required for it to be ratified to become
operative or until terminated.

C. A copy of any proposed amendments to or termination of this
compact shall be filed with the Board of Supervisors of Modoc County,
California, and the County Court of Lake County, Oregon, at least 30 days
prior to any legislative consideration by the legislatures of the States
of California and Oregon.

ARTICLE VIII

FEDERAL RIGHTS

Nothing in this compact shall be deemed:

A. To impair or affect the existing rights or powers of the United
States of America, its agencies, or instrumentalities, in and to the use
of the waters of the Goose Lake Basin nor its capacity to acquire rights
in and to the use of said waters.

B. To subject any property of the United States of America, its
agencies or instrumentalities to taxation by any state or subdivision
thereof, nor to create an obligation on the part of the United States of
America, its agencies or instrumentalities by reason of the acquisition,
construction or operation of any property or works of whatsoever kind, to
make any payments to any state or political subdivision thereof, state
agency, municipality or entity, whatsoever in reimbursement for the loss
of taxes.

C. To subject any property of the United States of America, its
agencies or instrumentalities, to the laws of any state to any extent
other than the extent to which these laws would apply without regard to
the compact.
A compact, in form as in this section fully set
forth, shall be in effect when the States of Idaho, Montana and
Washington become parties thereto, and the consent of Congress has been
granted as required by section 10, Article I of the United States
Constitution.


The contracting states do hereby agree as follows:

ARTICLE I

The purposes of this compact, entitled the Columbia River Natural
Resources Management Compact, are and shall be to promote the better
regional management and coordination of natural resources management
issues and other issues pertaining to the governance and use of the
Columbia River.

ARTICLE II

This agreement shall become operative immediately as to those
states executing it in the form that is in accordance with the laws of
the executing states and the Congress has given its consent.

ARTICLE III

Each state joining herein shall appoint, as determined by state
statutes, six legislators, three from the state Senate and three from the
state House of Representatives, to a commission hereby constituted and
designated as the Columbia River Governance Commission. Of the members
appointed, all may not belong to the same political party. This
commission shall be invested with the powers and duties set forth herein.

The term of each commissioner of the Columbia River Governance
Commission shall be four years. A commissioner shall hold office until a
successor shall be appointed and qualified but such successor’s term
shall expire four years from legal date of expiration of the term of the
predecessor. Vacancies occurring in the office of such commissioner from
any reason or cause shall be filled for the unexpired term, or a
commissioner may be removed from office, as provided by the statutes of
the state concerned. Each commissioner may delegate in writing from time
to time, to a deputy, the power to be present and participate, including
voting as the representative or substitute, at any meeting of or hearing
by or other proceeding of the commission.

Voting powers under this compact shall be limited to one vote for
each state regardless of the number of representatives.

ARTICLE IV

The duty of the Columbia River Governance Commission shall be to
assess programs of state and federal agencies responsible for natural
resource management issues and governance issues of the Columbia River
and to participate in decision-making by federal agencies on issues
affecting the use of and activities on the Columbia River. The commission
shall have power to recommend the coordination of the exercise of the
police powers of the several states within their respective jurisdictions
to promote the efficient use and management of the Columbia River and
resources related to the Columbia River.

To that end the commission shall draft and, after consultation with
the advisory committee hereinafter authorized, recommend to the Governors
and legislative branches of the various signatory states hereto
legislation dealing with the governance and management of the Columbia
River and the natural resources related to the Columbia River over which
the signatory states jointly or separately now have or may hereafter
acquire jurisdiction. The commission shall, more than one month prior to
any regular meeting of the legislative branch in any state signatory
hereto, present to the Governor of such state its recommendations
relating to enactments by the legislative branch of that state in
furthering the intents and purposes of this compact.

The commission shall consult with and advise the pertinent
administrative agencies in the signatory states of such regulations as it
deems advisable with regard to problems connected with the governance and
use of the Columbia River and that lie within the jurisdiction of such
agencies.

The commission shall have power to recommend to the federal
government and to states signatory hereto management strategies for the
natural resources of the Columbia River and any changes to federal or
state statutes, regulations or rules necessary to the efficient and sound
governance of the Columbia River and its natural resources.

ARTICLE V

The commission shall elect from its number a chairperson and a vice
chairperson and shall appoint and at its pleasure remove or discharge
such officers and employees as may be required to carry out the
provisions of this compact and shall fix and determine their duties,
qualifications and compensation. Said commission shall adopt rules and
regulations for the conduct of its business. It may establish and
maintain one or more offices for the transaction of its business and may
meet at any time or place within the territorial limits of the signatory
states but must meet at least once a year.

ARTICLE VI

No action shall be taken by the commission except by the
affirmative vote of a majority of the whole number of compacting states
represented at any meeting. No recommendation shall be made by the
commission in regard to the management of natural resources related to,
or the governance and use of, the Columbia River except by the vote of a
majority of the compacting states that have an interest in such issues.

ARTICLE VII

The natural resource agencies of the signatory states shall act in
collaboration as the official research agency of the Columbia River
Governance Commission.

An advisory committee to be representative of such other interests
of each state as the commission deems advisable shall be established by
the commission as soon as practicable for the purpose of advising the
commission upon such recommendations as it may desire to make.

ARTICLE VIII

Nothing in this compact shall be construed to limit the powers of
any state or to repeal or prevent the enactment of any legislation or the
enforcement of any requirement by any state imposing additional
conditions and restrictions to conserve its natural resources.

ARTICLE IX

Continued absence of representation or of any representative on the
commission from any state party hereto shall be brought to the attention
of the Governor thereof.

ARTICLE X

The states that sign this compact agree to make available annual
funds for the support of the commission on the following basis:

Sixty percent (60%) of the annual budget shall be shared equally by
those member states having as a boundary the Columbia River; and forty
percent (40%) of the annual budget shall be shared equally by the other
member states.

The annual contribution of each member state shall be figured to
the nearest one hundred dollars.

This article shall become effective upon its enactment by the
States of Idaho, Montana, Oregon and Washington and upon ratification by
Congress by virtue of the authority vested in it under section 10,
Article I of the United States Constitution.

ARTICLE XI

This compact shall continue in force and remain binding upon each
state until renounced by it. Renunciation of this compact must be
preceded by sending six months’ written notice of intention to withdraw
from the compact to the other parties hereto.

ARTICLE XII

The State of Nevada or any state having rivers or streams tributary
to the Columbia River may become a contracting state by enactment of the
Columbia River Natural Resources Management Compact. Upon admission of
any new state to the compact, the purposes of the compact and the duties
of the commission shall extend to the development of joint programs for
the use and governance of the Columbia River and its natural resources in
which the contracting states share mutual concerns.

This article shall become effective upon its enactment by the
States of Idaho, Montana, Oregon and Washington and upon ratification by
Congress by virtue of the authority vested in it under section 10,
Article I of the United States Constitution.

___________________________________________________________________________
___ [1999 c.540 §1]Note: 542.550 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 542 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.KLAMATH RIVER BASIN COMPACT (1)
The Legislative Assembly of the State of Oregon hereby ratifies the
Klamath River Basin Compact set forth in ORS 542.620, and the provisions
of such compact hereby are declared to be the law of this state upon such
compact becoming effective as provided in subsection (2) of this section.

(2) The compact shall become effective when it has been ratified by
the legislatures of the States of California and Oregon, and has been
consented to by the Congress of the United States as provided in Article
XIII of the compact. [1957 c.142 §1]Note: The Klamath River Basin Compact became effective on September
11, 1957. The compact was ratified by the State of California by chapter
113, California Statutes 1957 (signed by Governor on April 17, 1957, and
effective on September 11, 1957). The Congress of the United States
consented to the compact by Public Law 222, 85th Congress (signed by
President on August 30, 1957). The provisions of the Klamath
River Basin Compact are as follows:

ARTICLE I

PURPOSES

The major purposes of this compact are, with respect to the water
resources of the Klamath River Basin:

A. To facilitate and promote the orderly, integrated and
comprehensive development, use, conservation and control thereof for
various purposes, including, among others: The use of water for domestic
purposes; the development of lands by irrigation and other means; the
protection and enhancement of fish, wildlife and recreational resources;
the use of water for industrial purposes and hydroelectric power
production; and the use and control of water for navigation and flood
prevention.

B. To further intergovernmental cooperation and comity with respect
to these resources and programs for their use and development and to
remove causes of present and future controversies by providing (1) for
equitable distribution and use of water among the two states and the
Federal Government, (2) for preferential rights to the use of water after
the effective date of this compact for the anticipated ultimate
requirements for domestic and irrigation purposes in the Upper Klamath
River Basin in Oregon and California, and (3) for prescribed
relationships between beneficial uses of water as a practicable means of
accomplishing such distribution and use.

ARTICLE II

DEFINITION OF TERMS

As used in this compact:

A. “Klamath River Basin” shall mean the drainage area of the
Klamath River and all its tributaries within the States of California and
Oregon and all closed basins included in the Upper Klamath River Basin.

B. “Upper Klamath River Basin” shall mean the drainage area of the
Klamath River and all its tributaries upstream from the boundary between
the States of California and Oregon and the closed basins of Butte
Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and Crater
Lake, as delineated on the official map of the Upper Klamath River Basin
approved on September 6, 1956, by the commissions negotiating this
compact and filed with the Secretaries of State of the two states and the
General Services Administration of the United States, which map is
incorporated by reference and made a part hereof.

C. “Commission” shall mean the Klamath River Compact Commission as
created by Article IX of this compact.

D. “Klamath Project” of the Bureau of Reclamation of the Department
of the Interior of the United States shall mean that area as delineated
by appropriate legend on the official map incorporated by reference under
subdivision B of this Article.

E. “Person” shall mean any individual or any other entity, public
or private, including either state, but excluding the United States.

F. “Keno” shall mean a point on the Klamath River at the present
needle dam, or any substitute control dam constructed in section 36,
township 39 south, range 7 east, Willamette Base and Meridian.

G. “Water” or “waters” shall mean waters appearing on the surface
of the ground in streams, lakes or otherwise, regardless of whether such
waters at any time were or will become ground water, but shall not
include water extracted from underground sources until after such water
is used and becomes surface return flow or waste water.

H. “Domestic use” shall mean the use of water for human sustenance,
sanitation and comfort; for municipal purposes; for livestock watering;
for irrigation of family gardens; and for other like purposes.

I. “Industrial use” shall mean the use of water in manufacturing
operations.

J. “Irrigation use” shall mean the use of water for production of
agricultural crops, including grain grown for feeding wildfowl.

ARTICLE III

DISTRIBUTION AND USE OF WATER

A. There are hereby recognized vested rights to the use of waters
originating in the Upper Klamath River Basin validly established and
subsisting as of the effective date of this compact under the laws of the
state in which the use or diversion is made, including rights to the use
of waters for domestic and irrigation uses within the Klamath Project.
There are also hereby recognized rights to the use of all waters
reasonably required for domestic and irrigation uses which may hereafter
be made within the Klamath Project.

B. Subject to the rights described in subdivision A of this Article
and excepting the uses of water set forth in subdivision E of Article XI,
rights to the use of unappropriated waters originating within the Upper
Klamath River Basin for any beneficial use in the Upper Klamath River
Basin, by direct diversion or by storage for later use, may be acquired
by any person after the effective date of this compact by appropriation
under the laws of the state where the use is to be made, as modified by
the following provisions of this subdivision B and subdivision C of this
Article, and may not be acquired in any other way:

1. In granting permits to appropriate waters under this subdivision
B, as among conflicting applications to appropriate when there is
insufficient water to satisfy all such applications, each state shall
give preference to applications for a higher use over applications for a
lower use in accordance with the following order of uses:

(a) Domestic use,

(b) Irrigation use,

(c) Recreational use, including use for fish and wildlife,

(d) Industrial use,

(e) Generation of hydroelectric power,

(f) Such other uses as are recognized under the laws of the state
involved.



These uses are referred to in this compact as uses (a), (b), (c), (d),
(e) and (f), respectively. Except as to the superiority of rights to the
use of water for use (a) or (b) over the rights to the use of water for
use (c), (d), (e) or (f), as governed by subdivision C of this Article,
upon a permit being granted and a right becoming vested and perfected by
use, priority in right to the use of water shall be governed by priority
in time within the entire Upper Klamath River Basin regardless of state
boundaries. The date of priority of any right to the use of water
appropriated for the purposes above enumerated shall be the date of the
filing of the application therefor, but such priority shall be dependent
on commencement and completion of construction of the necessary works and
application of the water to beneficial use with due diligence and within
the times specified under the laws of the state where the use is to be
made. Each state shall promptly provide the commission and the
appropriate official of the other state with complete information as to
such applications and as to all actions taken thereon.

2. Conditions on the use of water under this subdivision B in
Oregon shall be:

(a) That there shall be no diversion of waters from the Upper
Klamath River Basin, but this limitation shall not apply to out-of-basin
diversions of waters originating within the drainage area of Fourmile
Lake.

(b) That water diverted from Upper Klamath Lake and the Klamath
River and its tributaries upstream from Keno, Oregon, for use in Oregon
and not consumed therein and appearing as surface return flow and waste
water within the Upper Klamath River Basin shall be returned to the
Klamath River or its tributaries above Keno, Oregon.

3. Conditions on the use of water under this subdivision B in
California shall be:

(a) That the waters diverted from the Klamath River within the
Upper Klamath River Basin for use in California shall not be taken
outside the Upper Klamath River Basin.

(b) That substantially all of the return flows and waste water
finally resulting from such diversions and use appearing as surface
waters in the Upper Klamath River Basin shall be made to drain so as to
be eventually returned to the Klamath River upstream from Keno, Oregon.

C. 1. All rights, acquired by appropriation after the effective
date of this compact, to use waters originating within the Upper Klamath
River Basin for use (a) or (b) in the Upper Klamath River Basin in either
state shall be superior to any rights, acquired after the effective date
of this compact, to use such waters (i) for any purpose outside the
Klamath River Basin by diversion in California or (ii) for use (c), (d),
(e) or (f) anywhere in the Klamath River Basin. Such superior rights
shall exist regardless of their priority in time and may be exercised
with respect to inferior rights without the payment of compensation. But
such superior rights to use water for use (b) in California shall be
limited to the quantity of water necessary to irrigate 100,000 acres of
land, and in Oregon shall be limited to the quantity of water necessary
to irrigate 200,000 acres of land.

2. The provisions of paragraph 1 of this subdivision C shall not
prohibit the acquisition and exercise after the effective date of this
compact of rights to store waters originating within the Upper Klamath
River Basin and to make later use of such stored water for any purpose,
as long as the storing of waters for such later use, while being
effected, does not interfere with the direct diversion or storage of such
waters for use (a) or (b) in the Upper Klamath River Basin.

ARTICLE IV

HYDROELECTRIC POWER

It shall be the objective of each state, in the formulation and the
execution and the granting of authority for the formulation and execution
of plans for the distribution and use of the water of the Klamath River
Basin, to provide for the most efficient use of available power head and
its economic integration with the distribution of water for other
beneficial uses in order to secure the most economical distribution and
use of water and lowest power rates which may be reasonable for
irrigation and drainage pumping, including pumping from wells.

ARTICLE V

INTERSTATE DIVERSION AND STORAGE RIGHTS; MEASURING DEVICES

A. Each state hereby grants for the benefit of the other and its
designees the right to construct and operate facilities for the
measurement, diversion, storage and conveyance of water from the Upper
Klamath River Basin in one state for use in the other insofar as the
exercise of such right may be necessary to effectuate and comply with the
terms of this compact. The location of such facilities shall be subject
to approval by the commission.

B. Each state or its designee, exercising within the jurisdiction
of the other a right granted under subdivision A of this Article, shall
make provision for the establishment, operation and maintenance of
permanent gaging stations at such points on streams or reservoir or
conveyance facilities as may be required by the commission for the
purpose of ascertaining and recording the volume of diversions by the
streams or facilities involved. Said stations shall be equipped with
suitable devices for determining the flow of water at all times. All
information obtained from such stations shall be compiled in accordance
with the standards of the United States Geological Survey, shall be filed
with the commission, and shall be available to the public.

ARTICLE VI

ACQUISITION OF PROPERTY FOR STORAGE AND DIVERSION; IN LIEU TAXES

A. Subject to approval of the commission, either state shall have
the right (1) to acquire such property rights in the other state as are
necessary for the diversion, storage, conveyance, measurement and use of
water in conformity with this compact, by donation or purchase, or (2) to
elect to have the other state acquire such property rights for it by
purchase or through the exercise of the power of eminent domain. A state
making the latter election shall make a written request therefor and the
other state shall expeditiously acquire said property rights either by
purchase at a price satisfactory to the requesting state, or, if such
purchase cannot be made, then through the exercise of its power of
eminent domain, and shall convey said property rights to the requesting
state or its designee. All costs of such acquisition shall be paid by the
requesting state. Neither state shall have any greater power to acquire
property rights for the other state through the exercise of the power of
eminent domain than it would have under its laws to acquire the same
property rights for itself.

B. Should any diversion, storage or conveyance facilities be
constructed or acquired in either state for the benefit of the other
state, as herein provided, the construction, repair, replacement,
maintenance and operation of such facilities shall be subject to the laws
of the state in which the facilities are located, except that the proper
officials of that state shall permit the storage, release and conveyance
of any water to which the other state is entitled under this compact.

C. Either state having property rights other than water rights in
the other state acquired as provided in this Article shall pay to each
political subdivision of the state in which such property rights are
located, each and every year during which such rights are held, a sum of
money equivalent to the average annual amount of taxes assessed against
those rights during the 10 years preceding the acquisition of such rights
in reimbursement for the loss of taxes to such political subdivisions of
the state. Payments so made to a political subdivision shall be in lieu
of any and all taxes by that subdivision on the property rights for which
the payments are made.

ARTICLE VII

POLLUTION CONTROL

A. The states recognize that the growth of population and the
economy of the Upper Klamath River Basin can result in pollution of the
waters of the Upper Klamath River Basin constituting a menace to the
health and welfare of, and occasioning economic loss to, people living or
having interests in the Klamath River Basin. The states recognize further
that protection of the beneficial uses of the waters of the Klamath River
Basin requires cooperative action of the two states in pollution
abatement and control.

B. To aid in such pollution abatement and control, the commission
shall have the duty and power:

1. To cooperate with the states or agencies thereof or other
entities and with the United States for the purpose of promoting
effective laws and the adoption of effective regulations for abatement
and control of pollution of the waters of the Klamath River Basin, and
from time to time to recommend to the governments reasonable minimum
standards for the quality of such waters.

2. To disseminate to the public by any and all appropriate means
information respecting pollution abatement and control in the waters of
the Klamath River Basin and on the harmful and uneconomic results of such
pollution.

C. Each state shall have the primary obligation to take appropriate
action under its own laws to abate and control interstate pollution,
which is defined as the deterioration of the quality of the waters of the
Upper Klamath River Basin within the boundaries of such state which
materially and adversely affects beneficial uses of waters of the Klamath
River Basin in the other state. Upon complaint to the commission by the
state water pollution control agency of one state that interstate
pollution originating in the other state is not being prevented or
abated, the procedure shall be as follows:

1. The commission shall make an investigation and hold a conference
on the alleged interstate pollution with the water pollution control
agencies of the two states, after which the commission shall recommend
appropriate corrective action.

2. If appropriate corrective action is not taken within a
reasonable time, the commission shall call a hearing, giving reasonable
notice in writing thereof to the water pollution control agencies of the
two states and to the person or persons which it is believed are causing
the alleged interstate pollution. Such hearing shall be held in
accordance with rules and regulations of the commission, which shall
conform as nearly as practicable with the laws of the two states
governing administrative hearings. At the conclusion of such hearing, the
commission shall make a finding as to whether interstate pollution
exists, and if so, shall issue to any person or persons which the
commission finds are causing such interstate pollution an order or orders
for correction thereof.

3. It shall be the duty of the person against whom any such order
is issued to comply therewith. Any court of general jurisdiction of the
state where such discharge is occurring or the United States District
Court for the district where the discharge is occurring shall have
jurisdiction, on petition of the commission for enforcement of such
order, to compel action by mandamus, injunction, specific performance, or
any other appropriate remedy, or on petition of the person against whom
the order is issued to review any order. At the conclusion of such
enforcement or review proceedings, the court may enter such decree or
judgment affirming, reversing, modifying, or remanding such order as in
its judgment is proper in the circumstances on the basis of the rules
customarily applicable in proceedings for court enforcement or review of
administrative actions.

D. The water pollution control agencies of the two states shall,
from time to time, make available to the commission all data relating to
the quality of the waters of the Upper Klamath River Basin which they
possess as the result of studies, surveys and investigations thereof
which they may have made.

ARTICLE VIII

MISCELLANEOUS

A. Subject to vested rights as of the effective date of this
compact, there shall be no diversion of waters from the basin of Jenny
Creek to the extent that such waters are required, as determined by the
commission, for use on land within the basin of Jenny Creek.

B. Each state shall exercise whatever administrative, judicial,
legislative or police powers it has that are required to provide any
necessary reregulation or other control over the flow of the Klamath
River downstream from any hydroelectric power plant for protection of
fish, human life or property from damage caused by fluctuations resulting
from the operation of such plant.

ARTICLE IX

ADMINISTRATION

A. 1. There is hereby created a commission to administer this
compact. The commission shall consist of three members. The
representative of the State of California shall be the Department of
Water Resources. The representative of the State of Oregon shall be the
Water Resources Commission of Oregon who shall serve as ex officio
representative of the Water Resources Commission of Oregon. The President
is requested to appoint a federal representative who shall be designated
and shall serve as provided by the laws of the United States.

2. The representative of each state shall be entitled to one vote
in the commission. The representative of the United States shall serve as
chairman of the commission without vote. The compensation and expenses of
each representative shall be fixed and paid by the government which he
represents. Any action by the commission shall be effective only if it be
agreed to by both voting members.

3. The commission shall meet to establish its formal organization
within 60 days after the effective date of this compact, such meeting to
be at the call of the Governors of the two states. The commission shall
then adopt its initial set of rules and regulations governing the
management of its internal affairs providing for, among other things, the
calling and holding of meetings, the adoption of a seal, and the
authority and duties of the chairman and executive director. The
commission shall establish its office within the Upper Klamath River
Basin.

4. The commission shall appoint an executive director, who shall
also act as secretary, to serve at the pleasure of the commission and at
such compensation, under such terms and conditions and performing such
duties as it may fix. The executive director shall be the custodian of
the records of the commission with authority to affix the commission’s
official seal, and to attest to and certify such records or copies
thereof. The commission, without regard to the provisions of the civil
service laws of either state, may appoint and discharge such consulting,
clerical and other personnel as may be necessary for the performance of
the commission’s functions, may define their duties, and may fix and pay
their compensation. The commission may require the executive director and
any of its employees to post official bonds, and the cost thereof shall
be paid by the commission.

5. All records, files and documents of the commission shall be open
for public inspection at its office during established office hours.

6. No member, officer or employee of the commission shall be liable
for injury or damage resulting from (a) action taken by such member,
officer or employee in good faith and without malice under the apparent
authority of this compact, even though such action is later judicially
determined to be unauthorized, or (b) the negligent or wrongful act or
omission of any other person, employed by the commission and serving
under such officer, member or employee, unless such member, officer or
employee either failed to exercise due care in the selection, appointment
or supervision of such other person, or failed to take all available
action to suspend or discharge such other person after knowledge or
notice that such other person was inefficient or incompetent to perform
the work for which he was employed. No suit may be instituted against a
member, officer or employee of the commission for damages alleged to have
resulted from the negligent or wrongful act or omission of such member,
officer or employee or a subordinate thereof occurring during the
performance of his official duties unless, within 90 days after
occurrence of the incident, a verified claim for damages is presented in
writing and filed with such member, officer or employee and with the
commission. In the event of a suit for damages against any member,
officer or employee of the commission on account of any act or omission
in the performance of his or his subordinates’ official duties, the
commission shall arrange for the defense of such suit and may pay all
expenses therefor on behalf of such member, officer or employee. The
commission may at its expense insure its members, officers and employees
against liability resulting from their acts or omissions in the
performance of their official duties. Nothing in this paragraph shall be
construed as imposing any liability upon any member, officer or employee
of the commission that he would otherwise not have.

7. The commission may incur obligations and pay expenses which are
necessary for the performance of its functions. But it shall not pledge
the credit of any government except by and with the authority of the
legislative body thereof given pursuant to and in keeping with the
constitution of such government, nor shall the commission incur any
obligations prior to the availability of funds adequate to meet them.

8. The commission may:

(a) Borrow, accept or contract for the services of personnel from
any government or agency thereof, from any intergovernmental agency, or
from any other entity.

(b) Accept for any of its purposes and functions under this compact
any and all donations, gifts, grants of money, equipment, supplies,
materials and services from any government or agency thereof or
intergovernmental agency or from any other entity.

(c) Acquire, hold and dispose of real and personal property as may
be necessary in the performance of its functions.

(d) Make such studies, surveys and investigations as are necessary
in carrying out the provisions of this compact.

9. All meetings of the commission for the consideration of and
action on any matters coming before the commission, except matters
involving the management of internal affairs of the commission and its
staff, shall be open to the public. Matters coming within the exception
of this paragraph may be considered and acted upon by the commission in
executive sessions under such rules and regulations as may be established
therefor.

10. In the case of the failure of the two voting members of the
commission to agree on any matter relating to the administration of this
compact as provided in paragraph 2 of this subdivision A, the
representative from each state shall appoint one person and the two
appointed persons shall appoint a third person. The three appointees
shall sit as an arbitration forum. The terms of appointment and the
compensation of the members of the arbitration forum shall be fixed by
the commission. Matters on which the two voting members of the commission
have failed to agree shall be decided by a majority vote of the members
of the arbitration forum. Each state obligates itself to abide by the
decision of the arbitration forum, subject, however, to the right of each
state to have the decision reviewed by a court of competent jurisdiction.

11. The commission shall have the right of access, through its
authorized representatives, to all properties in the Klamath River Basin
whenever necessary for the purpose of administration of this compact. The
commission may obtain a court order to enforce its right of access.

B. 1. The commission shall submit to the Governor or designated
officer of each state a budget of its estimated expenditures for such
period and at such times as may be required by the laws of that state for
presentation to the legislature thereof. Each state pledges itself to
appropriate and pay over to the commission one-half of the amount
required to finance the commission’s estimated expenditures as set forth
in each of its budgets, and pledges further that concurrently with
approval of this compact by its legislature the sum of not less than
$12,000 will be appropriated by it to be paid over to the commission at
its first meeting for use in financing the commission’s functions until
the commission can prepare its first budget and receive its first
appropriation thereunder from the states.

2. The commission shall keep accurate accounts of all receipts and
disbursements, which shall be audited yearly by a certified public
accountant, and the report of the audit shall be made a part of its
annual report. The accounts of the commission shall be open for public
inspection during established office hours.

3. The commission shall make and transmit to the legislature and
Governor of each state and to the President of the United States an
annual report covering the finances and activities of the commission and
embodying such plans, recommendations and findings as may have been
adopted by the commission.

C. 1. The commission shall have the power to adopt, and to amend or
repeal, such rules and regulations to effectuate the purposes of this
compact as in its judgment may be appropriate.

2. Except as to matters involving exclusively the management of the
internal affairs of the commission and its staff or involving emergency
matters, prior to the adoption, amendment or repeal of any rule or
regulation the commission shall hold a hearing at which any interested
person shall have the opportunity to present his views on the proposed
action in writing, with or without the opportunity to present the same
orally. The commission shall give adequate advance notice in a reasonable
manner of the time, place and subject of such hearings.

3. Emergency rules and regulations may be adopted without a prior
hearing, but in such case they may be effective for not longer than 90
days.

4. The commission shall publish its rules and regulations in
convenient form.

ARTICLE X

STATUS OF INDIAN RIGHTS

A. Nothing in this compact shall be deemed:

1. To affect adversely the present rights of any individual Indian,
tribe, band or community of Indians to the use of the waters of the
Klamath River Basin for irrigation.

2. To deprive any individual Indian, tribe, band or community of
Indians of any rights, privileges, or immunities afforded under federal
treaty, agreement or statute.

3. To affect the obligations of the United States of America to the
Indians, tribes, bands or communities of Indians, and their reservations.

4. To alter, amend or repeal any of the provisions of the Act of
August 13, 1954, (68 Stat. 718) as it may be amended.

B. Lands within the Klamath Indian Reservation which are brought
under irrigation after the effective date of this compact, whether before
or after section 14 of said Act of August 13, 1954, becomes fully
operative, shall be taken into account in determining whether the 200,000
acre limitation provided in paragraph 1 of subdivision C of Article III
has been reached.

ARTICLE XI

FEDERAL RIGHTS

Nothing in this compact shall be deemed:

A. To impair or affect any rights, powers or jurisdiction of the
United States, its agencies or those acting by or under its authority,
in, over and to the waters of the Klamath River Basin, nor to impair or
affect the capacity of the United States, its agencies or those acting by
or under its authority in any manner whatsoever, except as otherwise
provided by the federal legislation enacted for the implementation of
this compact as specified in Article XIII.

B. To subject any property of the United States, its agencies or
instrumentalities, to taxation by either state or any subdivision
thereof, unless otherwise provided by Act of Congress.

C. To subject any works or property of the United States, its
agencies, instrumentalities or those acting by or under its authority,
used in connection with the control or use of waters which are the
subject of this compact, to the laws of any state to an extent other than
the extent to which those laws would apply without regard to this
compact, except as otherwise provided by the federal legislation enacted
for the implementation of this compact as specified in Article XIII.

D. To affect adversely the existing areas of Crater Lake National
Park or Lava Beds National Monument, or to limit the operation of laws
relating to the preservation thereof.

E. To apply to the use of water for the maintenance, on the scale
at which such land and water areas are maintained as of the effective
date of this compact, of officially designated waterfowl management
areas, including water consumed by evaporation and transpiration on water
surface areas and water used for irrigation or otherwise in the Upper
Klamath River Basin; nor to affect the rights and obligations of the
United States under any migratory bird treaty or the Migratory Bird
Conservation Act (45 Stat. 1222), as amended to the effective date of
this compact.

ARTICLE XII

GENERAL PROVISIONS

A. Each state and all persons using, claiming or in any manner
asserting any right to the use of the waters of the Klamath River Basin
under the authority of either state shall be subject to the terms of this
compact.

B. Nothing in this compact shall be construed to limit or prevent
either state from instituting or maintaining any action or proceeding,
legal or equitable, in any court of competent jurisdiction for the
protection of any right under this compact or the enforcement of any of
its provisions.

C. Should a court of competent jurisdiction hold any part of this
compact to be contrary to the Constitution of either state or the United
States, all other provisions shall continue in full force and effect,
unless it is authoritatively and finally determined judicially that the
remaining provisions cannot operate for the purposes, or substantially in
the manner, intended by the states independently of the portions declared
unconstitutional or invalid.

D. Except as to matters requiring the exercise of discretion by the
commission, the provisions of this compact shall be self-executing and
shall by operation of law be conditions of the various state permits,
licenses or other authorizations relating to the waters of the Klamath
River Basin issued after the effective date of this compact.

E. The physical and other conditions peculiar to the Klamath River
Basin constitute the basis for this compact, and neither of the states
hereby, nor the Congress of the United States by its consent, considers
that this compact establishes any general principle or precedent with
respect to any other interstate stream.

ARTICLE XIII

RATIFICATION

A. This compact shall become effective when ratified by the
legislature of each signatory state, and when consented to by an Act of
Congress of the United States which will, in substance, meet the
provisions hereinafter set forth in this Article.

B. The Act of Congress referred to in subdivision A of this Article
shall provide that the United States or any agency thereof, and any
entity acting under any license or other authority granted under the laws
of the United States (referred to in this Article as “the United
States”), in connection with developments undertaken after the effective
date of this compact pursuant to laws of the United States, shall comply
with the following requirements:

1. The United States shall recognize and be bound by the provisions
of subdivision A of Article III.

2. The United States shall not, without payment of just
compensation, impair any rights to the use of water for use (a) or (b)
within the Upper Klamath River Basin by the exercise of any powers or
rights to use or control water (i) for any purpose whatsoever outside the
Klamath River Basin by diversions in California or (ii) for any purpose
whatsoever within the Klamath River Basin other than use (a) or (b). But
the exercise of powers and rights by the United States shall be limited
under this paragraph 2 only as against rights to the use of water for use
(a) or (b) within the Upper Klamath River Basin which are acquired as
provided in subdivision B of Article III after the effective date of this
compact, but only to the extent that annual depletions in the flow of the
Klamath River at Keno resulting from the exercise of such rights to use
water for uses (a) and (b) do not exceed 340,000 acre-feet in any one
calendar year.

3. The United States shall be subject to the limitation on
diversions of waters from the basin of Jenny Creek as provided in
subdivision A of Article VIII.

4. The United States shall be governed by all the limitations and
provisions of paragraph 2 and subparagraph (a) of paragraph 3 of
subdivision B of Article III.

5. The United States, with respect to any irrigation or reclamation
development undertaken by the United States in the Upper Klamath River
Basin in California, shall provide that substantially all of the return
flows and waste water finally resulting from such diversions and use
appearing as surface waters in the Upper Klamath River Basin shall be
made to drain so as to be eventually returned to the Klamath River
upstream from Keno, unless the Secretary of the Interior shall determine
that compliance with this requirement would render it less feasible than
under an alternate plan of development, in which event such return flows
and waste waters shall be returned to the Klamath River at a point above
Copco Lake.

C. Upon enactment of the Act of Congress referred to in subdivision
A of this Article and so long as such Act shall be in effect, the United
States, when exercising rights to use water pursuant to state law, shall
be entitled to all of the same privileges and benefits of this compact as
any person exercising similar rights.

D. Such Act of Congress shall not be construed as relieving the
United States of any requirement of compliance with state law which may
be provided by other federal statutes.

ARTICLE XIV

TERMINATION

This compact may be terminated at any time by legislative consent
of both states, but despite such termination, all rights then established
hereunder or recognized hereby shall continue to be recognized as valid
by the states.
[1957 c.142 §2]The Water Resources
Director shall be the only representative of this state in administering
the Klamath River Basin Compact set forth in ORS 542.620. The director
shall receive no additional compensation for services as such
representative, but, subject to any other applicable law regulating
mileage and traveling and other expenses for state officers, shall
receive actual and necessary traveling and other expenses incurred in the
performance of official functions as such representative, to be paid in
the same manner and out of the same moneys as other similar expenses of
the director are paid. [1957 c.142 §3]TEST STUDY OF INTEGRATED LAND-WATER MANAGEMENT (1) The Department of
Higher Education, under the direction of the State Board of Higher
Education acting through the Agricultural Experiment Station of Oregon
State University, is authorized to conduct a test stream and watershed
study in order to ascertain in a scientific manner the interrelation
between all factors operating in watersheds upon maximum resource
productivity of the area for the greatest public benefit.

(2) In conducting the study the Department of Higher Education,
under the direction of the State Board of Higher Education acting through
the Agricultural Experiment Station of Oregon State University, may:

(a) Enlist the cooperation of other state agencies concerned with
fields under study and may reimburse such agencies for use made of
facilities and personnel.

(b) Acquire the services of other persons as necessary for the
purposes of this section. [Formerly 184.460] For purposes of ORS
542.710, the State Board of Higher Education may accept assistance and
grants in the form of real or personal property, money, labor, equipment
or technical assistance from the United States or any of its agencies,
political subdivisions or from other persons subject to the conditions
imposed thereon regardless of conflicting state law and may, unless
enjoined by the terms of the grant or donation, convert the same into
money to be used for the purposes of ORS 542.710. [Formerly 184.470]WATERSHED PROTECTION AND FLOOD PREVENTION PROJECTS(1) The Water Resources Commission
may make surveys and investigations and prepare plans, specifications,
estimates and other data, as in the commission’s judgment can accomplish
the purposes of the Watershed Protection and Flood Prevention Act. As
soon as practicable after completion the commission shall prepare, or
have prepared, a report setting forth the results of the surveys and
investigations. All work performed by the commission under this section
shall be correlated with that performed by the United States Natural
Resources Conservation Service, or its successor agency, under the
Watershed Protection and Flood Prevention Act.

(2) The commission, on behalf of the State of Oregon, may enter
into contracts or agreements with any agencies of the United States
Department of Agriculture for the execution of surveys and investigations
and the preparation of plans, specifications and estimates or other data
to determine costs and feasibility of reservoir or other works of
improvement that may be constructed under the provisions of the Watershed
Protection and Flood Prevention Act, as amended.

(3) The intent of this section is to expedite the investigation and
planning of works of improvement that may be constructed under the
Watershed Protection and Flood Prevention Act to reduce the delay in time
occurring between initiation of a project and beginning of construction.
[1961 c.617 §§1,2; 1965 c.95 §1; 1985 c.673 §138; 1997 c.249 §181; 2003
c.14 §347]

USA Statutes : oregon