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

(1) The Oregon Agricultural Heritage Commission is established, consisting of 12 members appointed by the Oregon Watershed Enhancement Board. The board shall appoint one board member to serve on an ex officio basis as a nonvoting member of the commission. The board shall appoint …

(1) The Oregon Agricultural Heritage Commission shall select one of its voting members as chairperson and another voting member as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines. (2…

(1) In accordance with applicable provisions of ORS chapter 183, the Oregon Agricultural Heritage Commission may adopt rules necessary for the administration of the laws that the commission is charged with administering. (2) The commission may establish any advisory or technical …

(1) The Oregon Agricultural Heritage Commission shall: (a) Assist the Oregon Watershed Enhancement Board with the development of rules for the administration of programs under ORS 541.977 to 541.989; (b) Adopt rules establishing three or more permissible terms of years, that are …

(1) Any person, or any officer of any firm or corporation who is found guilty of constructing any splash dam for the floating of logs or other lumber products on any stream or other body of water in the State of Oregon commits a Class A misdemeanor. (2) Violation of ORS 541.510 i…

In order that the natural resources of Oregon in land, water and power may be utilized to the highest advantage of the people, complete cooperation between the state and federal authorities in controlling, investigating and developing these resources in the interest of the people…

The intent of ORS 542.010 to 542.050, as outlined in ORS 542.010, is to have on file ready and available, such detailed surveys and information as will not only permit, but will tend to induce, the beneficial use of water by private persons, irrigation districts, corporations, or…

As soon as practicable after the completion of the surveys and investigations, the Water Resources Commission shall prepare or have prepared a report setting forth the plans, specifications and estimated cost of construction, maintenance and operation of the projects, together wi…

(1) The Water Resources Commission, on behalf of the state, shall withdraw and withhold from appropriation any unappropriated water which may be required for any project under investigation or to be investigated under the provisions of ORS 542.010 to 542.050. If the project is fo…

As the purposes of ORS 542.010 to 542.050 are to secure the most immediate, as well as the most beneficial, ultimate use of the available waters for any certain project, the Water Resources Commission, as occasion may require, may grant permits and arrange the details so that min…

The Water Resources Commission shall establish gauging stations at suitable points on the various streams of the state to determine the daily and seasonal fluctuations in the flow of the water; shall make surveys and profiles to determine the fall of stream suitable for power dev…

In order to carry out the purpose of ORS 542.060 all persons employed under that section may enter and cross all lands within the state; provided, that in so doing, no unnecessary damage is done to private property.

(1) The Water Resources Commission, with the approval of the Governor, may identify proposed or existing water projects which offer significant public benefit, and recommend to the Legislative Assembly funding of those projects in proportion to the public benefits offered by an e…

On behalf of this state, the Water Resources Commission may cooperate with the Federal Energy Regulatory Commission, the United States Geological Survey, the United States Reclamation Service, or any other federal agency or commission engaged in similar work, and may enter into c…

Any moneys arising from power licenses under the Federal Waterpower Act, approved June 10, 1920, and paid over to the state, shall be credited by the State Treasurer to the General Fund.

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 conducting hydrologic investigations of Oregon water resources and to assist in carrying out the commission’s functio…

(1) It hereby is declared that public interest, welfare, convenience and necessity require the construction of a system of works in accordance with the general comprehensive plan for flood control, navigation and other purposes in the Willamette River Basin, as set forth in House…

In order to further necessary investigations and studies for the maximum development of the Rogue River basin and watershed and to conserve established and potential uses thereof, and to facilitate full consideration of various projects to accomplish a coordinated and comprehensi…

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Oregon-California Goose Lake Interstate Compact as set out in ORS 542.520. The provisions of the compact are declared to be the laws of this state at such time as the compact becomes effective as provided in …

The provisions of the Oregon-California Goose Lake Interstate Compact are as follows: ______________________________________________________________________________ ARTICLE I PURPOSES The major purposes of this compact are: A. To facilitate and promote the orderly, integrated and…

A compact, in form as in this section fully set forth, shall be in effect when the States of Idaho, Montana and Washington become parties thereto, and the consent of Congress has been granted as required by section 10, Article I of the United States Constitution. ________________…

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Klamath River Basin Compact set forth in ORS 542.620, and the provisions of such compact hereby are declared to be the law of this state upon such compact becoming effective as provided in subsection (2) of t…

The provisions of the Klamath River Basin Compact are as follows: ______________________________________________________________________________ ARTICLE I PURPOSES The major purposes of this compact are, with respect to the water resources of the Klamath River Basin: A. To facili…

The Water Resources Director shall be the only representative of this state in administering the Klamath River Basin Compact set forth in ORS 542.620. The director shall receive no additional compensation for services as such representative, but, subject to any other applicable l…

(1) The Water Resources Commission may make surveys and investigations and prepare plans, specifications, estimates and other data, as in the commission’s judgment can accomplish the purposes of the Watershed Protection and Flood Prevention Act. As soon as practicable after compl…

As used in ORS 543.010 to 543.610: (1) “Actual original cost” includes the sum paid to the state at the time the application was made for a preliminary permit; the sum paid or secured to be paid to the state by the applicant for license at the time such application was made; such…

(1) Except for the provisions of ORS 543.300, 543.310, 543.430, 543.440, 543.610, 543.650 to 543.685, 543.710, 543.720, 543.730 and 543.990, nothing in this chapter shall apply to the reauthorization of an existing project. (2) All references in ORS 543.300, 543.310, 543.430, 543…

The provisions of this chapter and ORS chapter 543A do not apply to an ocean renewable energy facility as defined in ORS 274.870 if: (1) The facility is located within Oregon’s territorial sea, as defined in ORS 196.405; or (2) The facility is in an estuary, unless any part of th…

The Legislative Assembly declares that it is the policy of the State of Oregon: (1) To protect the natural resources of this state from possible adverse impacts caused by the use of the waters of this state for the development of hydroelectric power. (2) To permit siting of hydro…

(1) In order to carry out the policy set forth in ORS 543.015, the following minimum standards shall apply to any action of the Water Resources Commission relating to the development of hydroelectric power in Oregon: (a) The anadromous salmon and steelhead resources of Oregon sha…

The Water Resources Commission may: (1) Issue preliminary permits, as provided in ORS 543.210 to 543.250, to any person qualified to become a licensee. (2) Issue licenses, as provided in ORS 543.260, to citizens of the United States, associations of citizens, or private corporati…

(1) The Water Resources Commission may hold hearings and take testimony orally, by deposition or in such other form as the commission considers satisfactory, either within or without this state. The Water Resources Commission may require, by subpoena, the attendance of witnesses …

The Water Resources Commission, the Water Resources Director or any employee of the Water Resources Department, at all reasonable times, shall have free access to any project, addition or betterment during or after construction or acquisition, and to all maps, plans, profiles, es…

As used in ORS 543.075 to 543.092: (1) “1998 dollar” means a dollar amount that when adjusted for inflation or deflation equals the value of a dollar in 1998. (2) “Holder” means a person authorized to operate a hydroelectric project under the authority of either a time-limited wa…

(1) On or before January 1 of each year, each holder shall pay to the State of Oregon an annual fee for each hydroelectric project that is subject to this section. The annual fee required by this section shall be based on the theoretical horsepower specified in the water right fo…

(1) In addition to the annual fee set forth in ORS 543.078, a holder may be required to pay project specific fees. (2) Project specific fees are fees that compensate a state agency for the agency’s reasonable and necessary oversight of a holder’s implementation of the protection,…

(1) At least 45 days before the fees required under ORS 543.078 or 543.080 become due, the Water Resources Department shall issue invoices to the holder for each fee. (2) If any holder fails to pay the fees required under ORS 543.078 or 543.080 within 15 days after the date speci…

(1) At least once every eight years the Water Resources Director shall appoint a review panel to review the amount of the annual fee established under ORS 543.078. The review panel shall consist of at least one representative from the following and others at the director’s discre…

(1) Notwithstanding ORS 543A.405 and 543A.410, during each year of the interim period established in subsection (2) of this section, any licensee or water right certificant seeking reauthorization of a state water right to operate a federally licensed hydroelectric project shall …

(1) Any project operating under a hydroelectric license issued by the Federal Energy Regulatory Commission and concurrently operating under the authority of a power claim or uncertificated claim shall pay all expenses related to the review and decision of a Hydroelectric Applicat…

(1) Upon the request of the holder and the approval of the Water Resources Department, a hydroelectric water right or claim may be amended. (2) The Water Resources Department shall develop rules governing the process by which a hydroelectric water right or claim may be amended. A…

(1) As used in this section, “person” has the meaning given that term in ORS 174.100. (2) No person shall be estopped or precluded from challenging the constitutionality or validity of any provision of chapter 449, Oregon Laws 1997, or the provisions of chapter 873, Oregon Laws 1…

After February 26, 1931, no right to appropriate or to use the waters of the lakes, rivers, streams or other bodies of water within this state, including water over which this state has concurrent jurisdiction, in connection with the development of any water power project for the…

After February 26, 1931, no water power project involving the use of the waters of lakes, rivers, streams or other bodies of water within this state, including waters over which this state has concurrent jurisdiction, for the generation of electricity, shall be begun or construct…

The provisions of ORS 543.010 to 543.610 shall not apply to any water power project or development constructed by the United States.

The provisions of ORS 543.010, 543.050, 543.210, 543.220, 543.250, 543.260 and 543.290 to 543.610 shall not apply to cities, towns or other municipal corporations of this state, including utility districts organized under section 12, Article XI, Oregon Constitution, and legislati…

(1) No person shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on the North Santiam River between river mile 27 and Big Cliff Dam. (2) Nothing in subsection (1)…

No person, state agency, local government, district or municipal corporation shall construct, and no officer or agency of the state shall issue any permit for the construction of any hydroelectric facility or structure on the Deschutes River between river mile 172 below Lava Isla…

No person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on Isqúulktpe Creek. [1985 c.560 §…

(1) Except as provided in subsection (2) of this section, no person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectri…