Title 45, Water Resources: Irrigation, Drainage, Flood Control, Reclamation

(1) The Disproportionately Impacted Community Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. (2) Moneys in the Disproportionately Impacted Community Fund consist of moneys transfer…

(1) The Environmental Restoration Council shall establish by rule a program to provide grants to public or private nonprofit entities to carry out projects that benefit disproportionately impacted communities. Rules adopted under this section shall include but need not be limited…

(1) The Tribal Nation Natural Resource Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. (2) Moneys in the Tribal Nation Natural Resource Program Fund consist of moneys transf…

(1) The Environmental Restoration Council shall establish by rule procedures for the transfer of moneys from the Tribal Nation Natural Resource Program Fund established under ORS 541.876 to federally recognized Indian tribes in this state at the beginning of each biennium. (2) Tr…

(1) The Environmental Restoration Council, in consultation with state agencies described in ORS 541.869 (1) and the Environmental Justice Council, shall establish strategic priorities for amounts expended from the State Agency Program Fund established under ORS 541.867 and the Di…

As used in ORS 541.890 to 541.969: (1) “Adaptive management” means applying management or practices over time and across the landscape to achieve site specific resource goals using an integrated and science based approach that results in changes over time in response to feedback …

(1) The Legislative Assembly finds that: (a) The long-term protection of the water resources of this state, including sustainable watershed functions, is an essential component of Oregon’s environmental and economic stability and growth; (b) Each watershed in Oregon is unique, re…

(1) As used in this section when referring to salmonid recovery: (a) “Listed unit” means one population or a group of populations of a species, such as an evolutionarily significant unit, that has been listed as threatened or endangered under the federal Endangered Species Act of…

(1) The Oregon Watershed Enhancement Board is created. The board shall consist of 18 members as set forth in subsection (2) of this section. The chairperson shall have such powers and duties as are provided by the rules of the board. (2)(a) The 11 voting members of the board shal…

(1) Subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint an executive director of the Oregon Watershed Enhancement Board. The executive director shall be an individual qualified by training and experience and shall se…

In addition to any other authority granted to the executive director of the Oregon Watershed Enhancement Board, the executive director, on behalf of the board, may enter into interagency agreements necessary to carry out the duties and responsibilities of the board. [Formerly 541…

(1) In accordance with the applicable provisions of ORS chapter 183, the Oregon Watershed Enhancement Board shall adopt rules and standards to carry out the watershed enhancement program. (2) The rules and standards adopted by the board under subsection (1) of this section shall …

(1) Local government groups are encouraged to form voluntary local watershed councils in accordance with the guidelines set forth in subsection (2) of this section. The Oregon Watershed Enhancement Board may work cooperatively with any local watershed council that may be formed. …

In addition to the duties conferred on the Natural Resources Division of the State Department of Agriculture under ORS 561.400 and 568.210 to 568.808 and 568.900 to 568.933, the division shall: (1) In cooperation with the Oregon Watershed Enhancement Board, provide appropriate pe…

Any state agency participating in the programs and activities described in ORS 541.898 shall: (1) Upon request of any person who believes the person’s private property rights may be adversely affected by the Oregon Plan, provide the person with written information about the agenc…

In cooperation with other state, interstate and federal agencies, tribes, local governments, watershed councils, soil and water conservation districts, not-for-profit organizations and volunteer groups, the Oregon Watershed Enhancement Board shall facilitate the implementation of…

(1) The Oregon Watershed Enhancement Board shall initiate a watershed management program that relies on the establishment of voluntary local watershed councils comprised of residents, state and federal agency staff, members of federally recognized Indian tribes and other citizens…

(1) The Oregon Watershed Enhancement Board shall conduct a watershed enhancement program to benefit all users of the waters of this state. The board shall conduct the program in a manner that provides the greatest possible opportunity for volunteer participation to achieve the go…

(1) In addition to the duties set forth in ORS 541.926, in carrying out the provisions of ORS 541.890 to 541.969, the Oregon Watershed Enhancement Board: (a) Shall establish a framework for a locally based integrated watershed planning and management process designed to assist wa…

(1)(a) The following entities may submit a request for funding for, or for advice and assistance in developing, a project under ORS 541.890 to 541.969: (A) A person; (B) An Indian tribe; (C) A watershed council; (D) A soil and water conservation district; (E) A community college;…

The recipient of a grant issued by the Oregon Watershed Enhancement Board must maintain an insurance policy providing liability protection for actions by, or on behalf of, the recipient in connection with the grant. The insurance must provide liability protection for the recipien…

There is hereby established in the State Treasury the Oregon Plan for Salmon and Watersheds Legal Fund for the purpose of funding the activities of the Department of Justice in providing legal advice to or appearing on behalf of a state agency that takes, funds or authorizes acti…

(1) The Watershed Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Watershed Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to t…

(1) There is created a Flexible Incentives Account in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. The moneys in the account are continuously appropriated to the Oregon Watershed Enhancement Boar…

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Parks and Natural Resources Fund to be administered by the Oregon Department of Administrative Services. All moneys transferred from the State Lottery Fund and all other moneys author…

(1) Of the moneys deposited into the Parks and Natural Resources Fund created under ORS 541.940 from the Oregon State Lottery, 50 percent shall be deposited into a Natural Resources Subaccount for the public purpose of financing the restoration and protection of native fish and w…

(1) The Watershed Conservation Operating Fund is established in the State Treasury separate and distinct from the General Fund. The Watershed Conservation Operating Fund shall consist of all moneys placed in the fund as provided by law. The purpose of the fund is to carry out act…

(1) The Watershed Conservation Grant Fund is established separate and distinct from the General Fund. The Watershed Conservation Grant Fund shall consist of all moneys placed in the fund as provided by law. All moneys in the Watershed Conservation Grant Fund are continuously appr…

(1) The Oregon Watershed Enhancement Board may accept moneys from any public or private source, including the federal government, made available for the purpose of encouraging, promoting and securing watershed enhancement or to facilitate and assist in carrying out the functions …

(1) The Governor may receive gifts, grants, bequests, endowments and donations of moneys from public and private sources, including the federal government, for the purpose of implementing the Oregon Plan, as described in ORS 541.898, and the Oregon Conservation Strategy. (2) If r…

The purpose of the Watershed Conservation Grant Fund is to provide funding for grants to achieve the purposes and uses described in ORS 541.942 and to implement the mission of the Oregon Plan, including but not limited to grants to further the Oregon Conservation Strategy and the…

The Oregon Watershed Enhancement Board may award funds from the Watershed Conservation Grant Fund only for activities described in ORS 541.956. Any project that the board approves for funding shall comply with the following criteria: (1) There is a matching contribution from othe…

(1) Land purchased through a grant agreement with the Oregon Watershed Enhancement Board shall be subject to title restrictions that are consistent with the conservation purposes of the grant and give the board the authority to approve, approve with conditions or deny the sale or…

The Oregon Watershed Enhancement Board shall report biennially to the Legislative Assembly on the implementation of the management program under ORS 541.923 and grants awarded under ORS 541.956. The report shall include but need not be limited to: (1) An explanation of the effect…

Notwithstanding any other provision of law, if during the interim between legislative sessions any agency responsible for implementing a portion of the Oregon Plan or a program for the enhancement or restoration of streams throughout the state requires additional funding or an ad…

Each state agency that receives moneys from the Natural Resources Subaccount created under ORS 541.942 shall submit a report to the Legislative Assembly each biennium regarding the use of the moneys by the agency. The report shall include, but need not be limited to, a descriptio…

(1) The Oregon Watershed Enhancement Board shall, by January 15 of each even-numbered year, submit a report to the Governor and to the appropriate committee or committees of the Legislative Assembly that assesses the implementation and effectiveness of the Oregon Plan in the stat…

(1) As used in this section, “stewardship agreement” means an agreement voluntarily entered into and signed by a landowner, or representative of the landowner, and the State Department of Agriculture or the State Board of Forestry that sets forth the terms under which the landown…

(1) The Stewardship Agreement Grant Fund is established separate and distinct from the General Fund. The Stewardship Agreement Grant Fund shall consist of all moneys placed in the fund as provided by law. All moneys in the Stewardship Agreement Grant Fund are continuously appropr…

The State Board of Forestry may award funds from the Stewardship Agreement Grant Fund only for the purposes described in ORS 541.974. Any projects that the board approves for funding must comply with the following criteria: (1) There must be matching contribution from other progr…

As used in ORS 541.977 to 541.989: (1) “Agricultural owner or operator” means a landowner, operator, manager or other person having responsibility for exercising control over the day-to-day operation of a farm or ranch. (2) “Working land” means land that is actively used by an ag…

(1) The Oregon Agricultural Heritage Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Agricultural Heritage Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Wate…

(1) The Oregon Watershed Enhancement Board may expend moneys from the Oregon Agricultural Heritage Fund to: (a) Carry out the programs described in ORS 541.984; (b) Pay reimbursements and staff support expenses associated with the activities of the Oregon Agricultural Heritage Co…

(1) An agricultural owner or operator may enter into a conservation management plan with an organization for working land to be managed in a manner that supports one or more natural resource values. The conservation management plan may be composed of multiple components addressin…

(1) An owner of working land may enter into a working land conservation covenant with or grant a working land conservation easement to an organization that is a holder, as defined in ORS 271.715, other than a state agency. The covenant or easement must be for the purpose of ensur…

(1) The Oregon Watershed Enhancement Board shall establish programs to provide grants from the Oregon Agricultural Heritage Fund for the purposes of: (a) Assisting owners of working land with succession planning for those lands; (b) Funding the purchasing, implementing, carrying …