Oregon Statutes - Chapter 536 - Water Resources Administration

• 536.005   [1975 c.581 §13; repealed by 1985 c.673 §185]
• 536.007   Definitions.
  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...
• 536.008   [1975 c.581 §14; 1985 c.421 §4; repealed by 1985 c.673 §185]
• 536.009   Water Resources Department Water Right Operating Fund; uses; sources.
  (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...
• 536.010   [Amended by 1955 c.707 §66; 1973 c.792 §23; repealed by 1975 c.581 §29]
• 536.014   [1975 c.581 §15; 1981 c.545 §12; 1983 c.643 §1; repealed by 1985 c.673 §185]
• 536.015   Water Resources Department Hydroelectric Fund; uses; sources.
  (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...
• 536.017   Records of expenditures from Water Resources Department Hydroelectric Fund.
  The Water Resources Commission and the State Department of Fish and Wildlife shall maintain records of expenditures from the Water Resources Department Hydroelectric Fund established...
• 536.018   [1975 c.581 §16; repealed by 1985 c.673 §185]
• 536.020   [Repealed by 1955 c.707 §75]
• 536.021   Water Measurement Cost Share Program Revolving Fund; uses; sources; prioritization.
  (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...
• 536.022   Water Resources Commission; members; terms; confirmation; compensation and expenses.
  (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....
• 536.025   Duty of commission; delegation to Water Resources Director; exception.
  (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...
• 536.026   Powers of Water Resources Commission.
  (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...
• 536.027   Rules and standards.
  (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...
• 536.028   Rules pertaining to human or livestock consumption uses within or above scenic waterway.
  In accordance with applicable provisions of ORS chapter 183, the Water Resources Commission may adopt rules necessary to administer the provisions of ORS 390.835 pertaining...
• 536.029   [1985 c.673 §11; 1989 c.980 §14c; renumbered 536.026 in 1999]
• 536.030   [Repealed by 1975 c.581 §29]
• 536.031   Applicability of rules to completed application for permit.
  (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...
• 536.032   Water Resources Director; term; qualifications.
  Subject to confirmation by the Senate in the manner provided in section 4, Article III, Oregon Constitution, the Governor shall appoint a Water Resources Director....
• 536.035   [1955 c.513 §1; repealed by 1975 c.581 §29]
• 536.037   Functions of director.
  (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)...
• 536.039   Water Resources Department.
  There is hereby established in the executive-administrative branch of the government of the state under the Water Resources Commission a department to be known as...
• 536.040   Public records; copies as evidence.
  (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...
• 536.050   Fees; rules; refunds; waiver and reduction of certain fees.
  (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...
• 536.055   Agreements to expedite processing and review of applications, permits and other administrative matters; fees.
  (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...
• 536.060   [Repealed by 1971 c.734 §21]
• 536.065   [1971 c.734 §77; repealed by 1985 c.673 §185]
• 536.070   [Amended by 1975 c.581 §21a; repealed by 1985 c.673 §185]
• 536.075   Judicial review of final order of commission or department; stay of order; scope of review.
  (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...
• 536.080   Effect of records of former State Water Board and State Water Superintendent.
  The transfer of functions from the former State Water Board and State Water Superintendent to the State Engineer, effected by chapter 283, Oregon Laws 1923,...
• 536.090   Ground water advisory committee; duties; qualification; term; expenses.
  (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)...
• 536.100   [1985 c.666 §1; 1989 c.904 §67; repealed by 1995 c.690 §§25,26]
• 536.104   [Formerly 536.110; repealed by 1995 c.690 §§25,26]
• 536.108   [Formerly 536.120; 1989 c.833 §52; 1995 c.690 §9; renumbered 468B.162 in 1995]
• 536.110   [1985 c.666 §2; renumbered 536.104 in 1989]
• 536.112   [Formerly 536.130; 1995 c.690 §10; renumbered 468B.164 in 1995]
• 536.116   [Formerly 536.140; repealed by 1995 c.690 §§25,26]
• 536.120   [1985 c.666 §3; 1989 c.833 §52; renumbered 536.108 in 1989]
• 536.121   [Formerly 536.150; repealed by 1995 c.690 §§25,26]
• 536.125   [1989 c.833 §20; 1995 c.79 §301; 1995 c.690 §11; renumbered 468B.167 in 1995]
• 536.129   [1989 c.833 §21; 1995 c.690 §12; renumbered 468B.169 in 1995]
• 536.130   [1985 c.666 §4; renumbered 536.112 in 1989]
• 536.133   [1989 c.833 §22; 1995 c.690 §13; renumbered 468B.171 in 1995]
• 536.137   [1989 c.833 §24; 1995 c.690 §14; renumbered 468B.166 in 1995]
• 536.140   [1987 c.409 §§1,2; renumbered 536.116 in 1989]
• 536.141   [1989 c.833 §34; 1995 c.690 §15; renumbered 468B.177 in 1995]
• 536.145   [1989 c.833 §35; 1995 c.690 §16; renumbered 468B.179 in 1995]
• 536.149   [1989 c.833 §39; renumbered 468B.183 in 1995]
• 536.150   [1987 c.409 §3; renumbered 536.121 in 1989]
• 536.153   [1989 c.833 §40; 1995 c.690 §17; renumbered 468B.182 in 1995]
• 536.157   [1989 c.833 §41; 1993 c.18 §127; 1995 c.690 §18; renumbered 468B.184 in 1995]
• 536.161   [1989 c.833 §42; renumbered 468B.186 in 1995]
• 536.165   [1989 c.833 §43; 1995 c.690 §19; renumbered 468B.187 in 1995]
• 536.169   [1989 c.833 §44; 1995 c.690 §20; renumbered 468B.188 in 1995]
• 536.210   [1955 c.707 §2; 1965 c.355 §1; 1975 c.581 §22; repealed by 1985 c.673 §185]
• 536.220   Policy on water resources generally.
  (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...
• 536.230   [1955 c.707 §3; 1969 c.695 §12; repealed by 1975 c.581 §29]
• 536.235   Policy on minimum streamflows.
  It is the policy of the State of Oregon that establishment of minimum perennial streamflows is a high priority of the Water Resources Commission and...
• 536.238   Policy on water storage facilities.
  (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...
• 536.240   [1955 c.707 §4; 1969 c.314 §63; repealed by 1975 c.581 §29]
• 536.241   Policy on water supply.
  (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)...
• 536.250   [1955 c.707 §5; 1969 c.706 §64f; repealed by 1975 c.581 §29]
• 536.260   [1955 c.707 §6; repealed by 1975 c.581 §29]
• 536.265   [1967 c.157 §2; 1975 c.581 §23; repealed by 1985 c.673 §185]
• 536.270   [1955 c.707 §7; repealed by 1975 c.581 §29]
• 536.280   [1955 c.707 §8; repealed by 1971 c.418 §23]
• 536.290   [1955 c.707 §9; 1967 c.156 §1; repealed by 1975 c.581 §29]
• 536.295   Conditions for consideration of application for use not classified in basin program; rules.
  (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...
• 536.300   Formulation of state water resources program; public hearing in affected river basin.
  (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...
• 536.310   Purposes and policies to be considered in formulating state water resources program.
  In formulating the water resources program under ORS 536.300 (2), the Water Resources Commission shall take into consideration the purposes and declarations enumerated in ORS...
• 536.315   Designation of exact land areas included within auxiliary lands.
  As part of the water resources policy statement authorized under ORS 536.300, the Water Resources Commission may designate the exact land areas included within the...
• 536.320   Limitation of powers of commission.
  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;...
• 536.325   [1979 c.319 §2; 1983 c.796 §4; 1985 c.673 §15; repealed by 1997 c.212 §1]
• 536.330   Water Resources Act as supplemental to and including existing statutes.
  Chapter 707, Oregon Laws 1955, shall be construed by the Water Resources Commission as supplemental to existing statutes and not in lieu thereof except to...
• 536.340   Classification of water as to highest and best use and quantity of use; enforcement of laws concerning loss of water rights; prescribing preferences for future uses.
  (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...
• 536.350   Delivery of water resources statement to certain public bodies; effect.
  The Water Resources Commission shall deliver a copy of each water resources statement referred to in ORS 536.300 (2) to each state agency or public...
• 536.360   State agencies and public corporations to conform to statement of state water resources policy.
  In the exercise of any power, duty or privilege affecting the water resources of this state, every state agency or public corporation of this state...
• 536.370   Exercise of power in conflict with state water resources policy not effective until approved by commission.
  (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...
• 536.380   Notification to commission of proposed exercise of power involving water resources required; review and determination by commission.
  (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...
• 536.390   Approval without filing notification.
  The Water Resources Commission may enter into agreements or provide by orders, rules or regulations whereby it approves the exercise of any one or more...
• 536.400   Application to court to compel compliance with state water resources policy.
  (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...
• 536.410   Withdrawal of unappropriated waters from appropriation by commission order.
  (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...
• 536.420   Representation of state in carrying out compacts and agreements with other governmental agencies regarding water resources.
  (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...
• 536.430   Commission to devise plans and programs for development of water resources.
  The Water Resources Commission shall devise plans and programs for the development of the water resources of this state in such a manner as to...
• 536.440   Investigations and studies.
  The Water Resources Commission, by itself or in conjunction with any person, local voluntary committee or association, state agency or public corporation of this or...
• 536.450   Assistance by commission to other persons and agencies.
  The Water Resources Commission may make available technical advice and information for the purpose of assisting any person, local voluntary committee or association, state agency...
• 536.460   Preparation and submission of information or recommendations to other persons or agencies.
  The Water Resources Commission may prepare and submit information or proposals and recommendations relating to the water resources of this state or the functions of...
• 536.470   Coordination of local, state, interstate and federal programs.
  The Water Resources Commission may consult and cooperate with any state agency or public corporation of this or any other state, any interstate agency or...
• 536.480   Making available information concerning water resources.
  The Water Resources Commission, insofar as practicable, shall make available, free or at cost, to the public and to any state agency or public corporation...
• 536.490   Attendance at conferences and meetings.
  The Water Resources Commission, or any member thereof or any other person designated by the commission, may attend and participate in any public conference, meeting...
• 536.500   Acceptance and expenditure of moneys from public and private sources.
  The Water Resources Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of...
• 536.510   [1955 c.707 §26; repealed by 1985 c.673 §185]
• 536.520   State agencies and public corporations furnishing information and services to commission.
  (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...
• 536.530   [1955 c.707 §29; repealed by 1975 c.581 §29 and by 1975 c.605 §33]
• 536.540   Approval of voucher claims.
  All voucher claims for indebtedness or expenses authorized and incurred by the Water Resources Commission in carrying out its functions as provided by law shall...
• 536.550   [1955 c.707 §30; repealed by 1985 c.673 §185]
• 536.560   [1955 c.707 §76; 1979 c.284 §164; repealed by 1985 c.673 §185]
• 536.570   Moneys and securities of irrigation districts in possession of Water Resources Commission; deposit with State Treasurer.
  The Water Resources Commission may deposit with the State Treasurer for safekeeping all moneys and securities which may come into the commission’s possession in connection...
• 536.580   Rights acquired prior to August 3, 1955, not affected.
  Nothing in ORS 509.645, 536.220 to 536.540 or 543.225, as enacted by chapter 707, Oregon Laws 1955, nor in the amendments made by chapter 707,...
• 536.590   Rights acquired prior to January 1, 1956, not affected.
  Nothing in the amendments made by chapter 707, Oregon Laws 1955, to ORS 182.410, 536.010 (1973 Replacement Part), 542.110, 548.365, 555.030 or 555.070, nor in...
• 536.595   Department discussions with Corps of Engineers over operation of Detroit Lake.
  In discussions held with the United States Army Corps of Engineers over seasonal operations of impoundments within the Willamette Basin reservoir system, including Detroit Lake,...
• 536.600   [1993 c.765 §104; renumbered 541.345 in 1995]
• 536.700   “Drainage basin” defined.
  As used in ORS 536.700 to 536.780, “drainage basin” means one of the 18 Oregon drainage basins identified by the Water Resources Department as shown...
• 536.710   Policy.
  (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...
• 536.720   Declaration of state authority; Governor’s power to order water conservation or curtailment plan.
  (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...
• 536.730   Effect of emergency powers on vested water rights.
  Except as provided in ORS 536.740 and 536.750, nothing in ORS 536.700 to 536.780 is intended to permit the Governor or the Water Resources Commission...
• 536.740   Governor’s authority to declare drought.
  Upon finding that a need exists for statewide coordination of water resource conservation measures by municipal and other political subdivisions of this state in order...
• 536.750   Powers of commission after declaration of drought; rules.
  (1) Notwithstanding any provision of ORS chapters 536 to 543A, after a declaration that a severe, continuing drought exists, the Water Resources Commission may: (a)...
• 536.760   Cessation of actions taken under ORS 536.750.
  Any action taken under ORS 536.750 may be carried out only during the period of severe, continuing drought. After the drought, any water use undertaken...
• 536.770   Purchase of option or agreement for use of water permit or right during declared drought; application; fee.
  (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...
• 536.780   Water conservation or curtailment plans; contents; review; effect of failure to file or implement.
  (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...
• 536.900   Civil penalties; imposition.
  (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...
• 536.905   Notice; application for hearing.
  (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...
• 536.910   Amount of penalty; rules.
  After public hearing, the Water Resources Commission by rule shall adopt a schedule establishing the civil penalty that may be imposed under ORS 536.900 and...
• 536.915   Remission or reduction of penalty.
  A civil penalty imposed under ORS 536.900 may be remitted or reduced upon such terms and conditions as the Water Resources Commission considers proper and...
• 536.920   Factors to be considered in imposition of penalty.
  In imposing a penalty pursuant to the schedule adopted pursuant to ORS 536.910, the Water Resources Commission shall consider the following factors: (1) The past...
• 536.925   [1989 c.618 §12; repealed by 1991 c.734 §122]
• 536.930   Consequence of failure to follow order.
  Any owner or operator who fails without sufficient cause to take corrective action as required by an order of the Water Resources Commission shall be...
• 536.935   Disposition of penalties; appropriation.
  All penalties recovered under ORS 536.930 shall be paid into the State Treasury and credited to an account of the Water Resources Department. Such moneys...

Last modified: August 7, 2008