Chapter 541 — Chapter 541

ORS 541.587 [1987 c.855 §11; renumbered 196.655 in 1989]

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ORS 541.590 [1987 c.855 §19; renumbered 196.660 in 1989]

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ORS 541.595 [1987 c.855 §1a; renumbered 196.665 in 1989]

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ORS 541.600 [2009 c.907 §18; repealed by 2013 c.784 §40]

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ORS 541.605 [1967 c.567 §2; 1971 c.509 §4; 1971 c.754 §1; 1973 c.330 §1; 1973 c.674 §1; 1977 c.417 §2; 1977 c.418 §1; 1979 c.564 §1; 1989 c.837 §4; renumbered 196.670 and then 196.800 in 1989]

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ORS 541.606 [2009 c.907 §16; repealed by 2013 c.784 §40]

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ORS 541.610 [1967 c.567 §1; 1971 c.754 §2; 1973 c.330 §2; 1973 c.674 §2; 1977 c.418 §2; 1979 c.564 §2; renumbered 196.675 and then 196.805 in 1989]

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ORS 541.611 [2009 c.907 §19; repealed by 2013 c.784 §40]

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ORS 541.615 [1967 c.567 §3; 1971 c.754 §3; 1989 c.837 §15; renumbered 196.680 and then 196.810 in 1989]

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ORS 541.616 [2009 c.907 §21; 2009 c.907 §42; repealed by 2013 c.784 §40]

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ORS 541.620 [1967 c.567 §4; 1969 c.338 §4; 1971 c.754 §4; 1973 c.674 §3, 1977 c.418 §3; 1977 c.564 §6; 1989 c.1039 §1; renumbered 196.685 and then 196.815 in 1989]

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ORS 541.621 [2009 c.907 §22; repealed by 2013 c.784 §40]

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ORS 541.622 [1977 c.120 §2; 1987 c.160 §1; renumbered 196.690 and then 196.820 in 1989]

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ORS 541.625 [1967 c.567 §5; 1969 c.593 §49; 1971 c.754 §5; 1973 c.330 §3; 1973 c.674 §6; 1977 c.417 §1; 1979 c.200 §1; 1979 c.564 §3a; 1981 c.796 §1; 1987 c.70 §1; 1989 c.837 §16; 1989 c.904 §70; renumbered 196.695 and then 196.825 in 1989]

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ORS 541.626 [1979 c.564 §5; 1981 c.796 §2; 1983 c.827 §56; 1989 c.837 §5; renumbered 196.700 and then 196.830 in 1989]

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ORS 541.627 [1973 c.674 §5; 1979 c.564 §6; renumbered 196.705 and then 196.835 in 1989]

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ORS 541.630 [1967 c.567 §6; 1971 c.754 §6; 1973 c.330 §4; 1973 c.674 §7; 1981 c.796 §3; renumbered 196.710 and then 196.840 in 1989]

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ORS 541.631 [2009 c.907 §23; 2009 c.907 §30; repealed by 2013 c.784 §40]

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ORS 541.635 [1967 c.567 §7; 1971 c.754 §7; renumbered 196.715 and then 196.845 in 1989]

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ORS 541.636 [2009 c.907 §24; repealed by 2013 c.784 §40]

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ORS 541.640 [1967 c.567 §8; 1971 c.754 §8; 1973 c.330 §5; 1973 c.674 §8; 1981 c.796 §4; repealed by 1989 c.837 §8 (196.718 enacted in lieu of 541.640)]

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ORS 541.641 [2009 c.907 §27; 2009 c.907 §43; repealed by 2013 c.784 §40]

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ORS 541.645 [1967 c.567 §9; 1971 c.754 §9; 1989 c.837 §17; renumbered 196.720 and then 196.855 in 1989]

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ORS 541.646 [2009 c.907 §28; repealed by 2013 c.784 §40]

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ORS 541.650 [1967 c.567 §10; 1971 c.754 §10; 1973 c.330 §6; 1973 c.674 §9; 1985 c.414 §1; 1989 c.837 §18; renumbered 196.725 and then 196.860 in 1989]

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ORS 541.651 Definitions for ORS 541.651 to 541.696. As used in ORS 541.651 to 541.696

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ORS 541.653 Purpose and application of ORS 541.651 to 541.696. (1) The purpose of ORS 541.651 to 541.696 is to establish a means for state government to support the development of water resource projects having economic, environmental and community benefits

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ORS 541.655 [1967 c.567 §11; 1971 c.754 §11; 1973 c.330 §7; 1973 c.674 §10; 1985 c.414 §2; renumbered 196.730 and then 196.865 in 1989]

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ORS 541.656 Water Supply Development Account. (1) The Water Supply Development Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Supply Development Account shall be credited to the account. Moneys in the account are continuously appropriated to the Water Resources Department for use in carrying out ORS 541.651 to 541.696

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ORS 541.657 Exemptions for certain expenditures of moneys from Water Supply Development Account; loan and grant agreements. (1) Unless otherwise specified in an Act referencing this section, an expenditure of moneys from the Water Supply Development Account is not subject to ORS 541.663, 541.666, 541.669, 541.673 or 541.677 if the expenditure is for a project specifically named in an Act as subject to this section and the Act

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ORS 541.659 Loan and grant applicants. (1) Loans and grants may be made from the Water Supply Development Account to persons as defined in ORS 536.007, to a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon and nonprofit organizations

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ORS 541.660 [1967 c.567 §12; 1973 c.330 §8; 1973 c.674 §11; 1979 c.284 §166; 1985 c.414 §3; renumbered 196.735 and then 196.870 in 1989]

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ORS 541.662 [Enacted by 1973 c.330 §10 and 1973 c.674 §13; 1985 c.545 §7; renumbered 196.740 and then 196.875 in 1989]

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ORS 541.663 Preapplication conferences. (1) A prospective applicant for a loan or grant from the Water Supply Development Account may participate in a preapplication conference with the Water Resources Department

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ORS 541.665 [1971 c.754 §14; renumbered 196.745 and then 196.880 in 1989]

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ORS 541.666 Form and contents of loan and grant applications; filing. (1) Applications for a loan or grant from the Water Supply Development Account must

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ORS 541.669 Scoring and ranking of projects; funding decisions; rules. (1) The Water Resources Commission shall adopt rules establishing a system for scoring and ranking projects to determine which projects are to be awarded loans and grants from the Water Supply Development Account, including but not limited to the application of minimum criteria designed to achieve the outcomes described in ORS 541.677

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ORS 541.670 [1985 c.545 §6; 1987 c.855 §16; 1989 c.837 §22; renumbered 196.750 and then 196.885 in 1989]

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ORS 541.673 Evaluation for public benefits of project. (1) Projects applying under ORS 541.669 for funding from the Water Supply Development Account shall be evaluated based upon the public benefits of the project. The evaluation must consider both positive and negative effects of a project. The three categories of public benefit to be considered in the project evaluation are economic benefits, environmental benefits and social or cultural benefits. Each category of benefits shall be given equal importance in the evaluation of a project. The technical review team described in ORS 541.669 shall use the evaluation system to assign initial scores and rankings to projects. The Water Resources Commission shall use the evaluation system to assign final scorings and rankings to the projects. The commission shall award loan and grant funding from the account to the projects that have the greatest public benefit and will best achieve the outcomes described in ORS 541.677

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ORS 541.675 [1985 c.545 §3; renumbered 196.755 and then 196.890 in 1989]

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ORS 541.677 Target outcomes for scoring and ranking criteria. (1) The Water Resources Commission shall design the minimum criteria for the project scoring and ranking system described in ORS 541.669 to achieve the following outcomes

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ORS 541.680 [1985 c.545 §4; renumbered 196.760 and then 196.895 in 1989]

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ORS 541.681 Conditions of grants for developing certain types of above-ground storage facilities. (1) The recipient of a grant from the Water Supply Development Account must agree to the condition set forth in subsection (2) of this section if the grant is for the development of a new or expanded above-ground storage facility that

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ORS 541.683 Demonstration of public benefits of project. (1) A project that receives a loan or grant from the Water Supply Development Account must

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ORS 541.685 [1985 c.545 §5; renumbered 196.765 and then 196.900 in 1989]

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ORS 541.686 Protection of project water dedicated to in-stream use. If a project dedicates water to in-stream use under the requirements described in ORS 541.681 or as allowed under ORS 541.683, the Water Resources Department shall protect the dedicated water in-stream consistent with the priority of the dedicated water source. Dedicated water from projects may come from newly developed water or from other sources and may be put in-stream at other locations in the tributary if the department determines as provided under ORS 540.530 that the alternate location would not injure existing water rights and, in consultation with the State Department of Fish and Wildlife, determines that the alternate location would provide greater or equal environmental benefit. The Water Resources Department, in consultation with the State Department of Fish and Wildlife, shall determine the timing of the flows to maximize in-stream benefits in a manner consistent with public health and safety. [2013 c.784 §12]

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ORS 541.689 Projects requiring determination of seasonally varying flows; methodology. (1) The Water Resources Department shall make a determination as provided under subsection (2) of this section if an application for a loan or grant from the Water Supply Development Account is for a project that requires a limited license, water right certificate or water right permit that enables the storage of water, either in above-ground storage or in aquifer recharge, outside of the official irrigation season and

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ORS 541.692 Permits; requirements for project operation. (1) Before loan or grant moneys are expended from the Water Supply Development Account for the construction of a project, the recipient must obtain all applicable local, state and federal permits. Project materials must include a notation indicating that Water Resources Department funding was used for the project

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ORS 541.695 [1971 c.754 §12; 1977 c.417 §3; 1989 c.837 §19; renumbered 196.770 and then 196.905 in 1989]

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ORS 541.696 Standards for security of loans from account; rules. (1) The Water Resources Commission shall adopt rules establishing standards for borrowers obtaining loans issued from the Water Supply Development Account. The commission shall design the standards to ensure that all loans have a high probability of repayment and that all loans are adequately secured in the event of a default. The commission shall solicit comments from the Oregon Department of Administrative Services and the State Treasurer when designing the standards. The standards may include, but need not be limited to, standards that give preference to entities with ad valorem taxing authority

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