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

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: (1) “Commission” means the Water Resources Commission. (2) “Department” means the Water Resources Department. (3) “Director” means t…

(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 D…

(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: (a) A portion…

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 hydroel…

(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…

(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…

(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…

(1) The Water Resources Commission, its members or a person designated by and acting for the commission may: (a) Conduct public hearings. (b) Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the commissi…

(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. (2) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to …

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]

(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 t…

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…

(1) Subject to policy direction by the Water Resources Commission, the Water Resources Director shall: (a) Be administrative head of the Water Resources Department; (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, r…

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 empl…

(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 …

(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 Commission may adopt rules: (a) Allowing the sub…

(1) The Water Resources Department may collect the following fees in advance: (a) For examining an application for a permit: (A) To appropriate water, except as provided under ORS 543.280 for an application for a hydroelectric project: (i) A base fee of $1,635 for an appropriatio…

(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. Pur…

(1) Notwithstanding ORS 536.050, for an application under ORS 537.140, 537.150 or 537.615, the Water Resources Department may charge: (a) A portion of the applicable examination fee for the application at the time the application is submitted; and (b) The remaining portion of the…

(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. (2) The department may add a nonrefundable fee to the amount of any payment made by debit or credit card in an amount reasonabl…

(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 aff…

(1) As used in this section and ORS 536.077, “contested case” has the meaning given that term in ORS 183.310. (2) This section and ORS 536.077 and rules adopted thereunder apply to: (a) A contested case proceeding under a provision of ORS chapter 537 or 540 that references this s…

(1) To initiate a contested case proceeding that is subject to this section and ORS 536.076: (a) Any person may submit a protest against a proposed final order. (b) Unless a timeline is otherwise specified under ORS chapter 537, 540 or 541, the protest must be submitted within 45…

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 St…

(1) In carrying out the duties, functions and powers prescribed by law, the Water Resources Commission shall appoint a ground water advisory committee to: (a) Advise the commission on all matters relating to: (A) Rules for the development, securing, use and protection of ground w…

(1) The Legislative Assembly recognizes and declares that: (a) The maintenance of the present level of the economic and general welfare of the people of this state and the future growth and development of this state for the increased economic and general welfare of the people the…

The Water Resources Commission shall devise plans and programs for the development of the water resources of this state in such a manner as to encourage, promote and secure the maximum beneficial use and control thereof. [Formerly 536.430]

It is the policy of the State of Oregon that establishment of minimum perennial streamflows is a high priority of the Water Resources Commission and the Water Resources Department. [1983 c.796 §2; 1985 c.673 §13]

(1) The Legislative Assembly finds and declares that: (a) The water resources of the state are critical to the economic and recreational well-being of the people of Oregon. (b) The future vitality of the state’s economy depends on immediate planning to insure future availability …

(1) The Legislative Assembly finds that the availability of an adequate water supply is essential to the continued health and safety of all Oregonians. (2) The Legislative Assembly declares that it is the policy of the State of Oregon to ensure a water supply sufficient to meet t…

(1) Notwithstanding any provision of ORS 536.300 or 536.340, the Water Resources Commission may allow the Water Resources Department to consider an application to appropriate water for a use not classified in the applicable basin program if the use: (a) Will be of short duration …

(1) The Water Resources Commission shall proceed as rapidly as possible to study: Existing water resources of this state; means and methods of conserving and augmenting such water resources; existing and contemplated needs and uses of water for domestic, municipal, irrigation, po…

In formulating the water resources program under ORS 536.300 (2), the Water Resources Commission shall take into consideration the purposes and declarations enumerated in ORS 536.220 and also the following additional declarations of policy: (1) Existing rights, established duties…

As part of the water resources policy statement authorized under ORS 536.300, the Water Resources Commission may designate the exact land areas included within the auxiliary lands described in ORS 536.007. [1965 c.355 §4; 1985 c.673 §179; 1987 c.158 §114]

The Water Resources Commission shall not have power: (1) To interfere with, supervise or control the internal affairs of any state agency or public corporation; (2) To modify, set aside or alter any existing right to use water or the priority of such use established under existin…

Chapter 707, Oregon Laws 1955, shall be construed by the Water Resources Commission as supplemental to existing statutes and not in lieu thereof except to the extent that existing statutes are expressly amended or repealed by chapter 707, Oregon Laws 1955. ORS 536.220 to 536.540 …

(1) Subject at all times to existing rights and priorities to use waters of this state, the Water Resources Commission: (a) May, by a water resources statement referred to in ORS 536.300 (2), classify and reclassify the lakes, streams, underground reservoirs or other sources of w…

The Water Resources Commission shall deliver a copy of each water resources statement referred to in ORS 536.300 (2) to each state agency or public corporation of this state which may be concerned with or which may carry on activities likely to affect the use or control of the wa…

In the exercise of any power, duty or privilege affecting the water resources of this state, every state agency or public corporation of this state shall give due regard to the statements of the Water Resources Commission and shall conform thereto. No exercise of any such power, …

(1) No exercise by any state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.350, of any power, duty or privilege, including the promulgating or undertaking of any order, rule, regulation, plan, prog…

(1) Except as otherwise provided in ORS 536.390, whenever any state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.350, proposes to exercise any power, duty or privilege referred to in ORS 536.370 (…

The Water Resources Commission may enter into agreements or provide by orders, rules or regulations whereby it approves the exercise of any one or more of the powers, duties or privileges referred to in ORS 536.370 (1) by a state agency or public corporation of this state which h…

(1) As used in subsection (2) of this section, “violation” means any exercise or attempt to exercise by any state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.350, of any power, duty or privilege …

(1) When the Water Resources Commission determines that it is necessary to ensure compliance with the state water resources policy or that it is otherwise necessary in the public interest to conserve the water resources of this state for the maximum beneficial use and control the…

The Water Resources Department shall publish, make publicly available and regularly update a list of restrictions where the source of water is: (1) Designated as a critical ground water area under ORS 537.730. (2) Subject to restrictions on allowed ground water uses by classifica…

(1) The Governor shall designate the Water Resources Director or a member or members of the Water Resources Commission to act on behalf of and to represent the state in formulating, entering into and carrying out any formal or informal compact or other agreement authorized by the…

The Water Resources Commission, by itself or in conjunction with any person, local voluntary committee or association, state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government, may conduct such investigations, su…

The Water Resources Commission may make available technical advice and information for the purpose of assisting any person, local voluntary committee or association, state agency or public corporation of this state, any interstate agency or any agency of the federal government in…

The Water Resources Commission may prepare and submit information or proposals and recommendations relating to the water resources of this state or the functions of the commission as provided by law to any person, local voluntary committee or association, state agency or public c…

The Water Resources Commission may consult and cooperate with any state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government for the purpose of promoting coordination between local, state, interstate and federal pl…