Chapter 541 — Chapter 541

ORS 541.388 [1993 c.601 §3; 1995 c.187 §7; 1999 c.300 §1; renumbered 541.910 in 2011]

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ORS 541.390 [1987 c.734 §9; 2001 c.104 §228; renumbered 541.912 in 2011]

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ORS 541.392 [Formerly 541.400; 1999 c.1026 §15; 2011 c.643 §24; renumbered 541.963 in 2011]

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ORS 541.393 Responsibility of government entity for repair or maintenance costs of dams on North Umpqua. Nothing contained in ORS 541.386 shall be construed to impose any additional obligation on any governmental entity to pay for the repair, structural repair, maintenance or improvement of any existing dam referred to in ORS 541.386 (2). [Formerly 541.880]

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ORS 541.395 [1987 c.734 §10; renumbered 541.965 in 2011]

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ORS 541.396 [Formerly 541.380; 2007 c.354 §19; renumbered 541.906 in 2011]

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ORS 541.397 [1997 c.8 §4; 1999 c.1026 §15b; 2011 c.643 §28; renumbered 541.954 in 2011]

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ORS 541.399 [1997 c.8 §5; 1999 c.1026 §16; repealed by 2011 c.643 §15]

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ORS 541.400 [1993 c.601 §4; 1995 c.187 §8; renumbered 541.392 in 1997]

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ORS 541.401 [1997 c.8 §6; 2011 c.643 §14; renumbered 541.958 in 2011]

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ORS 541.403 [1997 c.8 §7; repealed by 1999 c.1026 §29]

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ORS 541.405 [1997 c.7 §1; 1999 c.270 §3; 1999 c.1026 §5; 2001 c.841 §4; 2003 c.452 §1; 2007 c.354 §20; renumbered 541.898 in 2011]

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ORS 541.407 [1997 c.7 §4; 1999 c.244 §1; 1999 c.270 §6; 1999 c.1026 §21; 2007 c.354 §21; repealed by 2011 c.272 §25]

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ORS 541.409 [1997 c.7 §5; 1999 c.270 §7; 1999 c.1026 §22; 2007 c.354 §22; renumbered 541.914 in 2011]

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ORS 541.410 [Renumbered 541.430 in 1997]

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ORS 541.411 [1997 c.7 §10; 1999 c.270 §8; 2007 c.354 §23; renumbered 541.916 in 2011]

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ORS 541.413 [1997 c.7 §13; 1999 c.270 §9; 1999 c.1026 §23; 2007 c.354 §24; renumbered 541.967 in 2011]

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ORS 541.415 [1999 c.1026 §17; renumbered 541.935 in 2011]

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ORS 541.420 [2001 c.841 §1; 2007 c.354 §25; renumbered 541.972 in 2011]

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ORS 541.423 [2003 c.539 §31; 2007 c.608 §4; renumbered 541.973 in 2017]

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ORS 541.425 [2007 c.608 §1; renumbered 541.974 in 2017]

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ORS 541.426 [2007 c.608 §2; renumbered 541.975 in 2017]

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ORS 541.430 Use of machinery by riparian owner to raise water; prior rights of others. Any person who owns or has the possessory right to any land bordering on any lake or natural stream of water shall have the right to employ wheels, pumps, hydraulic engines, or other machinery for the purpose of raising water to the level required for use of the water in irrigating any land belonging to the person; provided, that the use of the water shall not conflict with the better or prior right of any other person. [Formerly 541.410]

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ORS 541.450 Definitions for ORS 541.450 to 541.460. As used in ORS 541.450 to 541.460 and 541.990

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ORS 541.455 Splash dams unlawful. It is unlawful to operate a splash dam on any of the navigable or nonnavigable waters of this state. An officer or agency of this state may not issue any permit for the construction or maintenance of any dam to be used for splash dam purposes. [1957 c.163 §2; 2005 c.22 §380]

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ORS 541.460 Abatement proceedings by Attorney General. The Attorney General, upon being informed that any violation of ORS 541.450 to 541.460 or 541.990 (1) has occurred, is hereby empowered to proceed immediately in the circuit court of the county in which said splash dam is located, to petition the court for the removal of said splash dam by abatement proceedings; and all costs in connection therewith incurred by the Attorney General shall be assessed against the offending person, firm or corporation. [1957 c.163 §3]

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ORS 541.510 Authority of Water Resources Commission to require signs warning public of stream level fluctuation. (1) Whenever it appears to the satisfaction of the Water Resources Commission upon the commission’s own determination or upon evidence submitted by any person that the release of water from an impoundment or diversion structure constructed before or after May 26, 1959, endangers or may endanger the public safety, the commission shall send a written notice to the owner or operator of the structure

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ORS 541.515 Notice by commission when hazard created by release of stored water. (1) Whenever it appears to the satisfaction of the Water Resources Commission, upon the commission’s own determination or upon evidence submitted by any person that the present or proposed release of stored water from an impoundment or diversion structure, including any water power project, constructed before or after May 1, 1961, results in rapid increase in the stream level below the structure which creates or will create a hazard to human life or property, the commission shall cause written notice of such determination to be mailed to the owner or operator of the structure

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ORS 541.520 Procedure when owner or operator of structure fails to request hearing; order regulating release of water. If, within 15 days after the mailing of the notice provided for in ORS 541.515, the owner or operator of the impoundment or diversion structure fails to request in writing that the Water Resources Commission hold a hearing, the commission shall make and file in the Water Resources Department an order stating the terms, limitations and conditions relating to the release of water from the structure necessary to minimize unreasonable hazard to human life or property as set forth in the notice. The order shall become effective upon filing a copy in the Water Resources Department. The commission shall cause a copy of the order to be mailed to the owner or operator of the structure. The order is not subject to appeal. [1961 c.379 §2; 1985 c.673 §106]

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ORS 541.525 Hearing upon request of owner or operator of structure; notice and conduct of hearing. (1) If, within 15 days after mailing of the notice provided for in ORS 541.515, the owner or operator of the impoundment or diversion structure requests in writing that the Water Resources Commission hold a hearing, the commission shall hold a hearing in accordance with ORS chapter 183 on the hazard to human life or property which is or will be created by the rapid increase in the stream level below the structure resulting from the release of water from the structure and the terms, limitations and conditions relating to such release of water necessary to minimize such unreasonable hazard

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ORS 541.530 Order of commission regulating release of water. After the hearing provided for in ORS 541.525, if the Water Resources Commission determines that the release of stored water from the impoundment or diversion structure results or will result in rapid increase in the stream level below the structure and the increase creates or will create an unreasonable hazard to human life or property, the commission shall make and file in the offices of the Water Resources Department an order stating the terms, limitations and conditions relating to the release of water from the structure necessary to minimize the unreasonable hazard. In determining what constitutes unreasonable hazard and what terms, limitations and conditions are necessary to minimize it, the commission shall consider the likelihood of harm to the public, recreation benefits, power benefits, agriculture benefits, purpose of the structure, water flows, extent, nature and time of use by the public and all other material factors. [1961 c.379 §4; 1971 c.734 §84; 1985 c.673 §108]

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ORS 541.535 Installation of automatic stream level recording devices. An order of the Water Resources Commission under ORS 541.520 or 541.530 may require the owner or operator of an impoundment or diversion structure to install one or more automatic stream level recording devices satisfactory to the commission at one or more locations satisfactory to the commission. The cost of each such device and the installation and maintenance thereof shall be paid by the owner or operator of the structure. [1961 c.379 §5; 1985 c.673 §109]

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ORS 541.540 Procedure in emergency when release of water essential. When conditions beyond the control of the owner or operator of an impoundment or diversion structure, to which an order of the Water Resources Commission, made as provided in ORS 541.520 or 541.530 relates, threaten the safety of the structure, and the release of water from the structure contrary to the terms, limitations and conditions stated in the order is or may be necessary to remove such threat

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ORS 541.545 Compliance with orders of commission; enforcement. (1) No person shall fail to comply with an order of the Water Resources Commission made as provided in ORS 541.520 or 541.530

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ORS 541.550 [1987 c.855 §3; 1989 c.904 §69; renumbered 196.600 in 1989]

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ORS 541.551 Requirements for providers of water project support. (1) As used in this section

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ORS 541.555 [1987 c.855 §2; renumbered 196.605 in 1989]

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ORS 541.557 [1987 c.855 §7; renumbered 196.610 in 1989]

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ORS 541.560 [1987 c.855 §8; renumbered 196.615 in 1989]

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ORS 541.561 Establishment of grant program; direct service cost payment; cost match; limitations; project evaluation. (1) The Water Resources Department shall establish a grant program to pay the qualifying costs of studies performed to evaluate the feasibility of projects related to

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ORS 541.565 [1987 c.855 §9; renumbered 196.620 in 1989]

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ORS 541.566 Studies eligible for grants or direct service cost payments. (1) A study receiving a grant or payment for direct services under ORS 541.561 may include activities necessary to assess the type, location, design, cost or other factors affecting the feasibility of a project described in ORS 541.561. Specific activities may include, but are not limited to

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ORS 541.567 [1987 c.855 §10; renumbered 196.625 in 1989]

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ORS 541.570 [1987 c.855 §12; renumbered 196.630 in 1989]

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ORS 541.575 [1987 c.855 §13; renumbered 196.635 in 1989]

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ORS 541.576 Water Project Feasibility Fund. (1) The Water Project Feasibility Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Project Feasibility Fund shall be credited to the General Fund. Moneys in the Water Project Feasibility Fund are continuously appropriated to the Water Resources Department to award grants and to pay the cost of direct services provided under ORS 541.561

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ORS 541.577 [1987 c.855 §4; 1989 c.966 §60; renumbered 196.640 in 1989]

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ORS 541.580 [1987 c.855 §6; renumbered 196.645 in 1989]

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ORS 541.581 Rules for grant and direct service cost payment program. The Water Resources Commission shall adopt rules necessary to administer ORS 541.561 to 541.581, including rules that

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ORS 541.585 [1987 c.855 §5; renumbered 196.650 in 1989]

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