Chapter 536 — Chapter 536

ORS 536.005 [1975 c.581 §13; repealed by 1985 c.673 §185]

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ORS 536.007 Definitions. As used in ORS 196.600 to 196.921, 541.010 to 541.320, 541.386, 541.430 to 541.545 and 541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543

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ORS 536.008 [1975 c.581 §14; 1985 c.421 §4; repealed by 1985 c.673 §185]

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ORS 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 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

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ORS 536.010 [Amended by 1955 c.707 §66; 1973 c.792 §23; repealed by 1975 c.581 §29]

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ORS 536.014 [1975 c.581 §15; 1981 c.545 §12; 1983 c.643 §1; repealed by 1985 c.673 §185]

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ORS 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 (4) and (5) of this section, of the moneys in the Water Resources Department Hydroelectric Fund

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ORS 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 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]

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ORS 536.018 [1975 c.581 §16; repealed by 1985 c.673 §185]

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ORS 536.020 [Repealed by 1955 c.707 §75]

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ORS 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 Share Program Revolving Fund are continuously appropriated to the Water Resources Department for the purposes described in this section

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ORS 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. 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

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ORS 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 consistent with the policies and purposes of ORS 196.600 to 196.921, 537.525, 541.010 to 541.320, 541.386, 541.430 to 541.545 and 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

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ORS 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

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ORS 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 by law in the commission

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ORS 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 to the issuance of a water right within or above a scenic waterway. [1993 c.99 §3; 1995 c.719 §2]

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ORS 536.029 [1985 c.673 §11; 1989 c.980 §14c; renumbered 536.026 in 1999]

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ORS 536.030 [Repealed by 1975 c.581 §29]

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ORS 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 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

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ORS 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. 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 registered engineer experienced in water-related engineering. [1975 c.581 §18; 1985 c.673 §7; 2009 c.259 §28]

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ORS 536.035 [1955 c.513 §1; repealed by 1975 c.581 §29]

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ORS 536.037 Functions of director. (1) Subject to policy direction by the Water Resources Commission, the Water Resources Director shall

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ORS 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 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]

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ORS 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 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

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ORS 536.045 (1) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that requires the mailing of a document, the submission of a document in written form or the provision of a certified copy of a document, the Water Resources Department may adopt rules

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ORS 536.050 Fees; rules; refunds; waiver and reduction of certain fees. (1) The Water Resources Department may collect the following fees in advance

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ORS 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 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

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ORS 536.056 Fees; timing of certain fees; effect of nonpayment. (1) Notwithstanding ORS 536.050, for an application under ORS 537.140, 537.150 or 537.615, the Water Resources Department may charge

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ORS 536.057 Payment of fees by debit or credit card; transaction fees. (1) The Water Resources Department may accept payments by debit or credit card for any products or services offered by, or fees owed to, the department

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ORS 536.060 [Repealed by 1971 c.734 §21]

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ORS 536.065 [1971 c.734 §77; repealed by 1985 c.673 §185]

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ORS 536.070 [Amended by 1975 c.581 §21a; repealed by 1985 c.673 §185]

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ORS 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 final 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 final order is situated. Review of the final order must be conducted according to the provisions of ORS 183.484, 183.486, 183.497 and 183.500. The first page of the final order must state that the final order is a final order other than contested case, that the final order is subject to judicial review under ORS 183.484 and that any petition for judicial review of the final order must be filed within the time specified by ORS 183.484 (2). Any order other than contested case issued by the commission or department that does not comply with the requirements of this section is not a final order

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ORS 536.076 Contested case proceedings; rules. (1) As used in this section and ORS 536.077, “contested case” has the meaning given that term in ORS 183.310

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ORS 536.077 Initiation of contested case proceeding; request for party status; final order; rules. (1) To initiate a contested case proceeding that is subject to this section and ORS 536.076

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ORS 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, 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

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ORS 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

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ORS 536.100 [1985 c.666 §1; 1989 c.904 §67; repealed by 1995 c.690 §§25,26]

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ORS 536.104 [Formerly 536.110; repealed by 1995 c.690 §§25,26]

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ORS 536.108 [Formerly 536.120; 1989 c.833 §52; 1995 c.690 §9; renumbered 468B.162 in 1995]

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ORS 536.110 [1985 c.666 §2; renumbered 536.104 in 1989]

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ORS 536.112 [Formerly 536.130; 1995 c.690 §10; renumbered 468B.164 in 1995]

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ORS 536.116 [Formerly 536.140; repealed by 1995 c.690 §§25,26]

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ORS 536.120 [1985 c.666 §3; 1989 c.833 §52; renumbered 536.108 in 1989]

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ORS 536.121 [Formerly 536.150; repealed by 1995 c.690 §§25,26]

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ORS 536.125 [1989 c.833 §20; 1995 c.79 §301; 1995 c.690 §11; renumbered 468B.167 in 1995]

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ORS 536.129 [1989 c.833 §21; 1995 c.690 §12; renumbered 468B.169 in 1995]

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ORS 536.130 [1985 c.666 §4; renumbered 536.112 in 1989]

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ORS 536.133 [1989 c.833 §22; 1995 c.690 §13; renumbered 468B.171 in 1995]

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ORS 536.137 [1989 c.833 §24; 1995 c.690 §14; renumbered 468B.166 in 1995]

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