ORS § 537.777 — OR Code / Title 45 / Chapter 537 / Section 537.777
537.777 Regulation of controlling works of wells and distribution of ground water
Status: in_force

(1) The Water Resources Commission shall regulate or cause to be regulated the controlling works of wells and distribute ground water to secure compliance or equal and fair distribution if the commission finds that:

(a) Any person or public agency is using or attempting to use any ground water or is operating or permitting the operation of any well owned or controlled by such person or public agency except upon compliance with ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) and any applicable order or rule of the commission under ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) ; or

(b) It is necessary in order to secure the equal and fair distribution of ground water in accordance with the rights of the various ground water users.

(2) The regulation of controlling works and distribution of ground water under subsection (1) of this section shall be as nearly as possible in the same manner as provided in ORS 540.010 (Water districts) to 540.130 (Advance payment) . [1957 c.341 §4; 1985 c.673 §72]

Source: Section 537.777 — Regulation of controlling works of wells and distribution of ground water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.610 — OR Code / Title 45 / Chapter 537 / Section 537.610
537.610 Recording registration statement
Status: in_force

(1) The Water Resources Commission shall accept all registration statements referred to in ORS 537.605 (Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595) completed and returned to the commission in proper form, endorse on the registration statement the date of the return and record each statement. Upon recording the statement, the commission shall issue to the registrant a certificate as evidence that the registration is completed.

(2) The issuance of the certificate of registration serves as prima facie evidence that the registrant is entitled to a right to appropriate ground water and apply it to beneficial use to the extent and in the manner disclosed in the recorded registration statement and in the certificate of registration.

(3) A certificate of registration issued under this section may not be construed as a final determination of any matter stated in the certificate of registration. The right of the registrant to appropriate ground water under a certificate of registration is subject to determination under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication) , and is not final or conclusive until so determined and a ground water right certificate issued. A right to appropriate ground water under a certificate of registration has a tentative priority from the date when the construction of the well was begun.

(4) The commission shall adopt by rule the process and standards by which the commission will recognize changes in the place of use, type of use or point of appropriation for claims to appropriate ground water registered under this section. The commission shall adopt fees not to exceed $1,820 for actions taken to modify a certificate of registration. [1955 c.708 §8; 1985 c.673 §51; 2005 c.614 §1; 2009 c.819 §§8,15; 2013 c.644 §§6,7; 2017 c.571 §§5,6; 2021 c.515 §3]

Source: Section 537.610 — Recording registration statement; issuing certificate of registration; effect of certificate; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.351 — OR Code / Title 45 / Chapter 545 / Section 545.351
545.351 Acquisition of lands from owners
Status: in_force

In order to make the lands available for development by the federal government or any federal agency, as provided in ORS 545.349 (Authority to transfer land to federal government for development and colonization) , any irrigation district may accept from any landowner within the district title to any part of the land of the landowner and allow the landowner credit to the extent of the reasonable value of that land on the reclamation charge against the remainder of the land of the landowner. However, credit shall not be allowed so as to entirely extinguish the reclamation charge against any land in the district, and land shall not be accepted by the district or credit allowed until a contract has been executed by the district and the federal government or some federal agency for development of the lands. [Formerly 545.174]

Source: Section 545.351 — Acquisition of lands from owners; crediting of value on charge against remainder of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.040 — OR Code / Title 45 / Chapter 547 / Section 547.040
547.040 Application of Act of 1915 and amendments to districts organized under earlier laws
Status: in_force

All drainage districts organized before February 14, 1921, in pursuance of any law relating to drainage districts passed prior to the enactment of chapter 340, Oregon Laws 1915, shall have all the powers and be subject to all the provisions of the Drainage District Act, except in so far as the organization of the district is concerned.

Source: Section 547.040 — Application of Act of 1915 and amendments to districts organized under earlier laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 547.005 — OR Code / Title 45 / Chapter 547 / Section 547.005
547.005 Authority to form drainage district
Status: in_force

The persons shown by the records of the county to be the owners of 50 percent of the acreage in any contiguous body of swamp, wet or overflowed lands or irrigated lands, waters from which contribute to the swamp, wet or overflowed conditions of those or other lands, situated in one or more counties of the state, may form a drainage district for the purpose of having such lands reclaimed and protected by drainage or otherwise from the effects of water, for sanitary or agricultural purposes, or when the same may be conducive to the public health, convenience and welfare or of public utility or benefit.

Source: Section 547.005 — Authority to form drainage district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.511 — OR Code / Title 45 / Chapter 545 / Section 545.511
545.511 Authorization of bonds, including refunding bonds
Status: in_force

(1) Upon order of the board of directors entered in the records of the board, an election shall be held to determine:

(a) Whether bonds in any amount the board may consider necessary shall be issued for any purpose necessary or convenient in carrying out the Irrigation District Law, including the refunding of outstanding bonds; or

(b) Except when an election is not required under ORS 545.513 (Resubmission of questions to electors) , whether the right to enter into an obligation or contract with the United States or the State of Oregon shall be authorized.

(2) Notice of the election must be given by posting notices in three public places in each election precinct in the district for at least 15 days prior to the election. Notice must also be given by publication of the notice in some newspaper published in the county in which the office of the board of directors is located. The notice shall be published in the newspaper once a week for at least four successive weeks prior to the election. For an election called to determine whether bonds will be issued, the notices must specify the time of holding the election and the amount of bonds to be issued. For an election called to determine whether a district will enter into an obligation or contract with the United States or the State of Oregon, the notices must specify the time of holding the election and, when bonds are not to be deposited, the maximum amount of money, exclusive of penalties and interest, payable to the United States or the State of Oregon for construction purposes or in the assumption of liability for district lands for construction purposes.

(3) The election shall be held and the result determined and declared in conformity as nearly as practicable with ORS 545.135 (Elections subsequent to organization of district) to 545.163 (Procedures for conducting election by mail) . Informalities in conducting the election shall not invalidate the election, if the election has been otherwise fairly conducted. The ballot shall contain the words “Bonds–Yes” and “Bonds–No,” or “Contract with the United States or the State of Oregon, as appropriate,–Yes” and “Contract with the United States or the State of Oregon, as appropriate,–No,” or other equivalent words. If a majority of the votes cast are “Bonds–Yes,” the board shall cause bonds in that amount to be issued, or such portion of the bonds as may be necessary from time to time. If a majority of the votes cast are “Contract with the United States or the State of Oregon, as appropriate,–Yes,” the board may negotiate and execute a contract with the United States or the State of Oregon. If the majority of the votes cast are “Bonds–No,” or “Contract with the United States or the State of Oregon, as appropriate,–No,” the result of the election shall be declared and entered of record. [Formerly 545.192]

Source: Section 545.511 — Authorization of bonds, including refunding bonds; contract with state or with United States; election; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 552.670 — OR Code / Title 45 / Chapter 552 / Section 552.670
552.670 Loan contracts with state or federal agencies
Status: in_force

(1) If authorized by its electors, a district may enter a loan contract with a state or federal agency. The loan contract shall be in such form and shall contain such terms as may be agreed upon by the agency and the district. The district may agree to levy assessments against each tract of land benefited, to do all acts and things necessary therefor, to assign to the lending agency the assessments as security for the loan and to perform all such acts within such period of time as may be agreed to between the district and the state or federal lending agency.

(2) If a state or federal lending agency pays over money to a district pursuant to the terms of a loan contract and the district fails, refuses or neglects to levy the assessments, to obtain or prepare a benefit roll, to assign the assessments or in any other manner not to perform as it agreed to under the loan contract, the state or federal lending agency shall have the right, at its election, to apply to the circuit court for the county in which is located the largest part of the lands within the district for a writ of mandamus, or any other order or writ, to require the district, its directors, officers and agents to do such acts and things as the district agreed to do under the terms of the loan contract. All costs, charges and expenses pertaining to the issuance and execution of any such writ or order shall be charged to and collected from the lands subject to the assessments in addition to such assessments.

(3) Upon the execution of a loan contract, the district shall file for record a certificate which shall state the date of the loan contract, the maximum amount of the loan, the recording data pertaining to the recorded order creating the district, the term of the loan and the rate of interest. Such certificate shall give notice that all lands within the district determined to be benefited by the construction of the works referred to in the engineering plan will be subject to assessments thereafter to be levied. [1969 c.606 §25; 1991 c.459 §430a]

Source: Section 552.670 — Loan contracts with state or federal agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 538.140 — OR Code / Title 45 / Chapter 538 / Section 538.140
538.140 Diamond Lake and tributaries
Status: in_force

In order to maintain, increase and perpetuate game fish and game fish propagation within Oregon, the waters or use of the waters of Diamond Lake and its tributaries situated in Douglas County shall not be diverted, interrupted or appropriated for any purpose whatsoever, except for domestic use on contiguous and surrounding land or other water uses necessary to maintain, increase and perpetuate game fish and game fish propagation in Diamond Lake and its tributaries. [Amended by 1999 c.252 §1]

Source: Section 538.140 — Diamond Lake and tributaries; diversion, interruption or appropriation of waters prohibited; excepted uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 545.535 — OR Code / Title 45 / Chapter 545 / Section 545.535
545.535 Lien against assessed lands
Status: in_force

Any assessment upon land shall be a lien against the property assessed. The lien for all payments due under any contract with the United States or the State of Oregon or for the payment of principal or interest of bonds deposited with the United States or the State of Oregon shall be a preferred lien to any assessments for bonds issued subsequent to the date of the contract or the issuance of the bonds deposited with the United States or the State of Oregon. A district assessment lien shall not be removed until the assessments are paid with interest and penalties or the property sold for the payment of the assessments, together with interest and penalties. [Formerly 545.208]

Source: Section 545.535 — Lien against assessed lands; priority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 539.320 — OR Code / Title 45 / Chapter 539 / Section 539.320
539.320 Agreement
Status: reserved

When the Water Resources Director and the representatives of any federally recognized Indian tribe that may have a federal reserved water right claim in Oregon and the federal government have completed an agreement, the Water Resources Director shall submit an original copy of the agreement to the appropriate court. The copy shall be signed by the Water Resources Director on behalf of the State of Oregon and by authorized representatives of the Indian tribe and the federal government as trustee for the Indian tribe. [1987 c.81 §4; 1993 c.67 §3]

Source: Section 539.320 — Agreement; submission to court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 537.805 — OR Code / Title 45 / Chapter 537 / Section 537.805
537.805 Processing of application
Status: in_force

Notwithstanding any other provision of ORS 537.801 (Definitions) to 537.809 (Reservation of water in basin of origin) , an application governed by ORS 537.803 (Application proposing use of water outside of basin of origin) shall be processed as follows:

(1) Upon determination that the application is acceptable, the Water Resources Commission shall conduct a comprehensive review of the application, at the applicant’s expense.

(2) When the comprehensive review is complete, the commission shall issue a preliminary analysis of the application that addresses the factors under ORS 537.803 (Application proposing use of water outside of basin of origin) and any other information the commission considers relevant. The preliminary analysis, or a reasonable summary, shall be published at the applicant’s expense for two consecutive weeks in a newspaper of general circulation in the basin of origin of the proposed appropriation, diversion or impoundment.

(3) Following publication, the commission shall conduct a public hearing at the applicant’s expense, in the basin of origin. The hearing shall be for comment on the factors analyzed under ORS 537.803 (Application proposing use of water outside of basin of origin) and standards that otherwise apply to the proposed appropriation or transfer.

(4) After considering the application, the information generated during the comprehensive review of the application, all comments received at the hearing and written comments received within 20 days after the date of the public hearing, the commission shall:

(a) If the application requires legislative approval under ORS 537.810 (Diversion or appropriation of waters from basin of origin without legislative consent prohibited) , submit a report to the Legislative Assembly that addresses all factors analyzed under ORS 537.803 (Application proposing use of water outside of basin of origin) and recommends whether to approve or deny the application for use of water outside the basin of origin; or

(b) If the application does not require legislative approval under ORS 537.810 (Diversion or appropriation of waters from basin of origin without legislative consent prohibited) , approve or deny the application in accordance with the procedures and standards that otherwise govern the application, giving due consideration to factors set forth in ORS 537.803 (Application proposing use of water outside of basin of origin) . [1989 c.936 §5; 2011 c.52 §5]

Source: Section 537.805 — Processing of application; hearing; action on application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.149 — OR Code / Title 45 / Chapter 545 / Section 545.149
545.149 Canvass of returns
Status: in_force

A list, tally paper or certificate returned from any election shall not be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors shall meet at its usual place of meeting on the first Monday after each election to canvass the returns. If, at the time of meeting, the returns of each precinct in which polls have been opened have been received, the board of directors shall then and there canvass the returns. However, if all the returns have not been received, the canvass shall be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass shall be made in public and by opening the returns and computing the vote of the district for each person voted for, and declaring the result. [Formerly 545.034]

Source: Section 545.149 — Canvass of returns; standard for rejecting certain election documents; canvass to be in public , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.918 — OR Code / Title 45 / Chapter 541 / Section 541.918
541.918 Implementation of grant programs
Status: in_force

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 the grant programs established under ORS 541.890 (Definitions for ORS 541.890 to 541.969) to 541.969 (Report to Legislative Assembly by state agencies receiving subaccount moneys) . [Formerly 541.368]

Note: See note under 541.890 (Definitions for ORS 541.890 to 541.969) .

Source: Section 541.918 — Implementation of grant programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.220 — OR Code / Title 45 / Chapter 541 / Section 541.220
541.220 Survey of stream system
Status: in_force

In any stream system where construction is contemplated by the United States under the Act of Congress approved June 17, 1902, 32 Stat. 388 to 390, and known as the Reclamation Act, the Water Resources Commission shall make a hydrographic survey of the stream system, and shall deliver an abstract thereof together with an abstract of all data necessary for the determination of all rights for the use of the waters of such system, to the Attorney General. The Attorney General, together with the district attorneys of the districts affected by the stream system shall, at the request of the Secretary of the Interior, enter suit on behalf of the State of Oregon, in the name of the state, for the determination of all rights for the use of the water, and shall diligently prosecute the same to a final adjudication. [Amended by 1985 c.673 §101]

Source: Section 541.220 — Survey of stream system; delivery of data to Attorney General; suits for determination of water rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.840 — OR Code / Title 45 / Chapter 541 / Section 541.840
541.840 Emergency Board request for funds to pay administrative expenses
Status: in_force

(1) If there are insufficient funds in the Water Development Administration and Bond Sinking Fund to make the payments referred to in ORS 541.830 (Water Development Administration and Bond Sinking Fund) (1), the Water Resources Commission may request the funds necessary for such payments from the Legislative Assembly within the budget authorized by the Legislative Assembly or as that budget may be modified by the Emergency Board.

(2) When the commission determines that moneys in sufficient amount are available in the Water Development Administration and Bond Sinking Fund, the commission shall reimburse the General Fund without interest, in an amount equal to the amount allocated by the Legislative Assembly or the Emergency Board pursuant to subsection (1) of this section. The moneys used to reimburse the General Fund under this subsection shall not be considered a budget item on which a limitation is otherwise fixed by law, but shall be in addition to any specific appropriations or amounts authorized to be expended from continually appropriated moneys. [1977 c.246 §30; 1985 c.673 §125; 1991 c.703 §48]

Source: Section 541.840 — Emergency Board request for funds to pay administrative expenses; repayment of board allocations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.070 — OR Code / Title 45 / Chapter 541 / Section 541.070
541.070 Ditches, canals and flumes as real estate
Status: in_force

All ditches, canals and flumes permanently affixed to the soil, constructed under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, are declared to be real estate, and the same or any interest therein shall be transferred by deed only, duly witnessed and acknowledged. The vendee of the same, or any interest therein, at any stage shall succeed to all the rights of the vendor, and shall be subject to the same liabilities during ownership.

Source: Section 541.070 — Ditches, canals and flumes as real estate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 539.110 — OR Code / Title 45 / Chapter 539 / Section 539.110
539.110 Hearing of contest
Status: in_force

The Water Resources Director shall fix the time and a convenient place for hearing the contest, and shall notify the contestant and the person whose rights are contested to appear before the director or the authorized assistant of the director at the designated time and place. The date of hearing shall not be less than 30 nor more than 60 days from the date the notice is served on the parties. The notice may be served personally or by registered or certified mail, return receipt requested, addressed to the parties at their post-office addresses as stated in the statement and proof of claimant. The director may adjourn the hearing from time to time upon reasonable notice to all the parties interested; may issue subpoenas and compel the attendance of witnesses to testify, which subpoenas shall be served in the same manner as subpoenas issued out of the circuit court; may compel the witnesses so subpoenaed to testify and give evidence in the matter; and may order the taking of depositions and issue commissions therefor in the same manner as depositions are taken in the circuit court. The witnesses shall receive fees as provided in ORS 44.415 (Fees and mileage of witnesses) (2), the costs to be taxed in the same manner as are costs in suits in equity. The evidence in the proceedings shall be confined to the subjects enumerated in the notice of contest. The burden of establishing the claim shall be upon the claimant whose claim is contested. The evidence may be taken by a duly appointed reporter. [Amended by 1989 c.980 §14d; 1991 c.249 §48]

Source: Section 539.110 — Hearing of contest; notice of; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 543.280 — OR Code / Title 45 / Chapter 543 / Section 543.280
543.280 Fee payments by licensee
Status: in_force

(1) Any person who applies to the Federal Energy Regulatory Commission for a preliminary permit to operate a hydroelectric project shall, at the same time, apply for a state preliminary permit. An applicant for a state preliminary permit for a new hydroelectric project shall submit to the Water Resources Commission a complete copy of any application for the project filed with the Federal Energy Regulatory Commission or other federal agency. For preliminary permits, if the copy of the federal application is filed with the commission at the same time it is filed with the federal agency, at the commission’s discretion, such copy may fulfill the requirements of ORS 543.210 (Preliminary permits) , except for the fee requirement in ORS 543.210 (Preliminary permits) (4).

(2) An applicant for a preliminary permit or license for a project or for a permit to appropriate water for power purposes shall pay to the state a project fee based on the capacity of the project to cover costs of recording, publishing notices, conducting the hearing required by ORS 543.225 (Hearing on application) and making investigations necessary to determine whether a permit should be granted.

(3) The amount of the total project fee required under subsection (2) of this section shall be:

(a) For a project of less than 100 theoretical horsepower, $1,000.

(b) For any project of 100 theoretical horsepower or more, an amount equal to $5,000 plus $1,000 per megawatt for each megawatt of capacity in excess of five megawatts, up to a maximum of $100,000.

(4) Except for projects of less than 100 theoretical horsepower, the project fee required under subsection (2) of this section shall be payable in advance before each of four stages of project review as established by rule by the Water Resources Commission. The payment schedule shall not require the applicant to pay more than $2,500 of the project fee at the first stage of project review or more than 50 percent of the total project fee in the first two stages of the project review. For a project of less than 100 theoretical horsepower, the applicant shall pay 50 percent of the fee at the time of filing the application for a preliminary permit or application for a permit to appropriate water for power purposes and the remaining 50 percent before the commission issues a license or a water right permit. A person may withdraw an application for a hydroelectric project after any stage of project review without further payment of fees under this section.

(5) In addition to the project fee required under subsection (2) of this section, any applicant for a project to be sited at a location where anadromous fish or threatened or endangered species are present shall pay a surcharge of 30 percent of the total project fee. The surcharge shall be collected in conjunction with the project fee at each stage of the project review.

(6) The commission shall provide an applicant a statement itemizing the staff time, resources and costs expended to review the application at each project stage. The statement shall include the costs expended by the State Department of Fish and Wildlife and the Water Resources Department specific to the project. [Amended by 1957 c.581 §1; 1985 c.673 §152; 1991 c.869 §9]

Source: Section 543.280 — Fee payments by licensee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 555.070 — OR Code / Title 45 / Chapter 555 / Section 555.070
555.070 Contract for reclamation of land
Status: in_force

Upon withdrawal of the land by the Department of the Interior, the Water Resources Commission shall enter into a contract for the reclamation of such land with the person submitting the application, which contract shall contain plans and specifications of the proposed irrigation works; provided, that no contract shall be executed by the commission until after an examination by the commission concerning the feasibility of the proposed plan of reclamation, sufficiency and availability of the water supply, and reasonableness of the estimate of cost and the lien requested. The contract shall provide for the sale of the water right to settlers on the land in satisfaction of the reclamation lien allowed. This contract shall not be entered into on the part of the state until the withdrawal of the lands by the Department of the Interior and the filing of a satisfactory bond on the part of the proposed contractor, which bond shall be in a penal sum not less than two percent of the lien to be allowed, and shall be conditioned upon the faithful performance of the provisions of the contract with the state; provided, that in case the contractor is the irrigation district such bond need not be filed. The commission may, however, require the contractor to make a deposit at the time of application for entry of land by settlers to insure the transfer of the system in good condition and repair to the purchasers of water rights as herein provided, which deposit shall be returned by the commission at the time of such transfer. [Amended by 1955 c.707 §69]

Source: Section 555.070 — Contract for reclamation of land; contents; examination and report by Water Resources Commission; sale of water right to settlers; bond of contractor; deposit to secure purchasers of water rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.981 — OR Code / Title 45 / Chapter 541 / Section 541.981
541.981 Conservation management plans for working lands
Status: in_force

(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 addressing different natural resource values as identified in subsection (2) of this section.

(2) A conservation management plan must be for the purpose of developing and implementing conservation measures or other protections for maintaining or enhancing fish or wildlife habitat, improving water quality or supporting other natural resource values in a manner consistent with the social and economic interests and abilities of the agricultural owner or operator. The plan may include provisions for addressing particular priorities related to natural resource values, including but not limited to soil, water, plants, animals, energy and human need considerations.

(3) A conservation management plan must:

(a) Meet the standards established by Oregon Watershed Enhancement Board rules;

(b) State the duration or terminating event for the plan;

(c) Be specific to the land, and account for the needs of, the agricultural owner or operator;

(d) Provide for the parties to review the plan on a regular basis;

(e) Provide for flexibility and allow for mutual modification as necessary to reflect changes in practices or circumstances;

(f) Provide for regular monitoring by the organization to ensure that the agricultural owner or operator is adhering to the plan;

(g) Make any receipt by the agricultural owner or operator of annual payments for carrying out the plan contingent on adherence to the plan; and

(h) Limit any annual payments for carrying out the plan to a term of not less than 20 years or more than 50 years.

(4) An organization that enters into, or proposes to enter into, a conservation management plan may apply to the board for a grant to fund the purchasing, implementing, carrying out or monitoring of the plan if the organization is:

(a) A holder, as defined in ORS 271.715 (Definitions for ORS 271.715 to 271.795) , other than a state agency;

(b) A watershed council; or

(c) Tax exempt under section 501(c)(3) of the Internal Revenue Code. [2017 c.716 §4]

Note: See note under 541.977 (Definitions for ORS 541.977 to 541.989) .

Source: Section 541.981 — Conservation management plans for working lands; plan requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 552.613 — OR Code / Title 45 / Chapter 552 / Section 552.613
552.613 Improvement bonds
Status: in_force

If any portion of the cost of a district works is assessed against the property directly benefited, the district board may issue improvement bonds in the total amount of the valid applications it has received to pay assessments in installments as provided by ORS 223.205 (Scope and application) and 223.210 (Right of property owners to apply for installment payment of assessment) to 223.295 (Limit on city indebtedness) . [1969 c.606 §42; 1995 c.333 §19]

Source: Section 552.613 — Improvement bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 540.570 — OR Code / Title 45 / Chapter 540 / Section 540.570
540.570 Temporary transfers within districts
Status: repealed

(1) Provided that the proposed transfer complies with all of the provisions of this subsection and will not result in injury to any existing water right, a district with a manager may, for one irrigation season, temporarily transfer the place of use of water appurtenant to any land within the legal boundaries of the district to an equal acreage elsewhere within the legal boundaries of that district or temporarily transfer the type of use identified in a right to store water. A temporary transfer of the place of use may occur if:

(a) The rate and duty, and the total number of acres to which water will be applied under the transfer, do not exceed existing limits on the water use subject to transfer;

(b) The type of use authorized under the water use subject to transfer remains the same; and

(c) The land from which the water use is being transferred does not receive any water under the right being transferred during the irrigation season in which the change is made.

(2) Provided that the proposed transfer complies with all the provisions of this subsection and will not result in injury to or enlargement of an existing water right, a district with a manager may, for one irrigation season, temporarily change the point of diversion or appropriation combined with a change in place of use, change the point of diversion in the event that an emergency prevents the district from diverting water from its authorized point of diversion, change the point of diversion to allow for the appropriation of ground water or change a primary right to a supplemental right if:

(a) The land on which the water is to be used is within the district’s legal boundaries established pursuant to ORS chapter 545, 547, 552, 553 or 554;

(b) The other terms of the permit or certificate remain the same, including the beneficial use for which the water is used and the number of acres to which water is applied;

(c) The diversion is provided with a proper fish screen, if required by the Water Resources Department; and

(d) For a proposal to transfer the point of diversion to allow for the appropriation of ground water, the proposed change meets the standards set forth in ORS 540.531 (Transfer of surface water point of diversion to ground water) (2).

(3) When a district or an owner or an owner’s agent within a district who is subject to the charges or assessments of the district wishes to use water on alternate acreage within the district, if the district has approved the owner’s request, the district shall submit to the department a petition seeking a temporary transfer under this section. The district shall submit the petition prior to making the proposed change. The petition may contain changes to one or more tax lots within the district and shall:

(a) Include the information required under ORS 540.574 (Petition for approval of transfer) (3);

(b) Be accompanied by a map in a form satisfactory to the department and certified by the district. If the water right is on a tract of land of five acres or less, the assessor’s tax map with a notation of the acres of water right shall be sufficient for identification of the tract and place of use;

(c) Include a statement that a written authorization for the transfer from each landowner affected by the particular temporary transfer is on file with the district;

(d) Include any other information required by rules of the Water Resources Commission; and

(e) Include a fee in the amount required under ORS 536.050 (Fees) (1)(i).

(4) The district shall notify each affected landowner that the department may reject the transfer or may require mitigation to avoid injury to other water rights. Upon receipt of a completed petition under subsection (3) of this section, the department shall place a summary of the petition in the weekly notice published by the department. The department shall accept written public comments on the petition for 30 days following publication of the weekly notice. The department shall consider comments that pertain to the potential for injury to an existing water right or to the enlargement of the water use subject to transfer in determining whether to condition, reject or revoke a temporary transfer.

(5) Use of water on lands from which the right is transferred and in the new temporary location during the same irrigation season or calendar year is prohibited and may subject the district and the landowner to civil penalties.

(6) The department may condition, reject or revoke a temporary transfer at any time to the extent necessary to avoid injury if the department finds the transfer is causing injury to an existing water right.

(7) Upon expiration of the temporary transfer period, all uses of water for which a temporary transfer is allowed under this section shall revert automatically to the terms and conditions of the original water right permit, certificate or adjudication under ORS chapter 539 as evidenced by a court decree.

(8) The time during which water is used under an approved temporary transfer order does not apply toward a finding of forfeiture under ORS 540.610 (Use as measure of water right) . [1987 c.649 §10; 1991 c.957 §9; 1995 c.554 §4; 2001 c.788 §§4,10; 2003 c.705 §§15,16; 2005 c.401 §1]

Note: Sections 22, 23 and 25, chapter 705, Oregon Laws 2003, provide:

Sec. 22. Section 23 of this 2003 Act is added to and made a part of ORS 540.505 (Definitions) to 540.580 (Permanent transfer of place of use of water within district) [series became 540.505 (Definitions) to 540.585 (Temporary transfers within Deschutes River Basin) ]. [2003 c.705 §22]

Sec. 23. (1) In order to increase district water management flexibility, the Water Resources Department shall establish a pilot project in which districts may temporarily allow, for water uses subject to transfer, the use of water on any land within the legal boundaries of the district established pursuant to ORS chapter 545, 547, 552, 553 or 554.

(2) The use of water on any land within the legal boundaries of the district may be allowed if:

(a) The rate and duty, and the total number of acres to which water will be applied under the transfer, do not exceed existing limits on the water use subject to transfer;

(b) The type of use authorized under the water use subject to transfer is for irrigation and remains the same; and

(c) The land from which the water use is being transferred does not receive any water under the right being transferred during the irrigation season in which the change is made.

(3) The department shall allow the pilot project to be implemented in the Talent Irrigation District, the Owyhee Irrigation District, the Tualatin Valley Irrigation District, the Central Oregon Irrigation District, the Swalley Irrigation District, the Westland Irrigation District, the North Unit Irrigation District, the Arnold Irrigation District, the Stanfield Irrigation District, the West Extension Irrigation District, the Hermiston Irrigation District, the Medford Irrigation District, the Sutherlin Water Control District, the Santiam Water Control District and the Ochoco Irrigation District or their successor districts. However, any district participating in the project must:

(a) Have defined state district boundaries;

(b) Have a management structure that can ensure that water is applied only where the water use is authorized;

(c) Not irrigate an area in any one irrigation season that exceeds the maximum number of acres allowed to be irrigated under the original water right;

(d) Have a full and accurate measurement of the water appropriated;

(e) Have an accurate map identifying the location of authorized use, by priority date, for review upon request and provide a copy of the map to the watermaster; and

(f) Have on file statements by any landowner affected by the water use change indicating that the landowner agrees to the change.

(4) If any of the specified districts are unable to participate in the project, the department may identify another district for the project. Before allowing another district to participate in the project for the first time, the department shall publish notice of the planned participation by publication in the weekly notice published by the department and shall allow the public at least 20 days to provide information to assist the department in determining whether the district meets the qualifications required under subsection (3) of this section.

(5) The department may require that use of water under the pilot project cease and that the use revert to the use allowed under the water right of record if the department determines that:

(a) The district does not meet the qualifications established in subsection (3) of this section;

(b) The water is being used in a manner that violates the requirements in subsection (2) of this section; or

(c) The changes made to the use of water would result in injury to existing water rights or an enlargement of the original water right.

(6) The department shall annually, prior to commencement of the irrigation season, publish notice of the districts that might intend to make use of the pilot program during the year. The notice shall identify the districts by name and provide the contact information for the watermasters for the districts. The department shall publish the notice by publication in the weekly notice published by the department.

(7) Use of water under the pilot project constitutes a beneficial use of water and does not constitute nonuse for purposes of forfeiture under ORS 540.610 (Use as measure of water right) . [2003 c.705 §23; 2009 c.283 §1; 2015 c.384 §2]

Sec. 25. Sections 22 and 23, chapter 705, Oregon Laws 2003, are repealed on January 2, 2030. [2003 c.705 §25; 2007 c.10 §2; 2009 c.283 §3; 2015 c.384 §3; 2021 c.32 §1]

Source: Section 540.570 — Temporary transfers within districts; procedure; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 550.330 — OR Code / Title 45 / Chapter 550 / Section 550.330
550.330 Service and user charges for district works
Status: in_force

(1) To pay the costs of acquiring, purchasing, constructing, improving, operating and maintaining district works, the board of directors may adopt an ordinance to:

(a) Impose and collect service charges, fees or rates on the owners or occupants of property served by the works of the district.

(b) Impose and collect user charges, fees and tolls for connection to or use of works, facilities and services of the district.

(2) Charges, fees, rates and tolls described in subsection (1) of this section shall be based on the costs of acquiring, purchasing, constructing, improving, operating and maintaining the works, facilities or services and of administering the charges.

(3) The board of directors may adopt differential charges or rates applicable to unique, qualitatively different areas within the district when the board of directors deems such differential charges or rates necessary, beneficial or equitable.

(4) Service charges, fees and rates imposed on the owners or occupants of property located outside the managed floodplain shall be commensurate with:

(a) The benefits received by such properties from the works; or

(b) The costs actually incurred by the district related to such properties, including, but not limited to, pumping of storm water runoff.

(5) The district may enter into intergovernmental agreements under ORS chapter 190 with cities located in whole or in part within the district boundaries to collect service charges, fees and rates on behalf of the district.

(6) The board of directors may issue revenue bonds by pledging all or part of any charge, fee, rate or toll adopted pursuant to this section. All revenue bonds issued under this section shall be issued as prescribed in ORS chapter 287A. [2019 c.621 §19; 2022 c.16 §15]

Source: Section 550.330 — Service and user charges for district works; collection agreements; revenue bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 548.120 — OR Code / Title 45 / Chapter 548 / Section 548.120
548.120 Validation of judgments entered in proceedings by directors
Status: in_force

In all cases where the board of directors of any irrigation district or the board of supervisors of any drainage district has instituted proceedings for the purpose of having an adjudication of the court as to the regularity and legality of the proceedings in connection with any of the matters specified in ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) , and where notice has been published directed to the parties specified by ORS 548.110 (Nature of proceedings) , for the length of time specified by that section, and the full time provided by that section has elapsed after publication before any judgment has been entered therein, all such judgments so rendered by the courts hereby are validated and declared to be effective and sufficient for all purposes, notwithstanding any other defects in the proceedings and notice upon which such judgments are based. [Amended by 2003 c.576 §514]

Source: Section 548.120 — Validation of judgments entered in proceedings by directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 554.270 — OR Code / Title 45 / Chapter 554 / Section 554.270
554.270 Purchase or lease of works and water rights
Status: in_force

(1) Whenever the board of directors of the corporation shall by resolution determine that it is to the best interest of the corporation, the board may enter into contracts for the purchase or option to purchase or lease, upon such terms as it determines to the best interest of the corporation, any ditch, works, improvement, easement, right of way, water right or other thing required or advantageous to the corporation for the works and improvement of the land described in the articles of incorporation within the scope of the purposes therein named.

(2) In any such case the board may by such contract provide for spreading the payments over such period as may be agreed upon and may issue therefor serial installment coupon obligations in such number and denominations as it may determine, inclusive of interest at such rate as the board may provide on all unpaid assessments, together with an amount sufficient to pay a proportionate part of the cost of administering the bond assessment program and issuing the bonds authorized under ORS 554.220 (Bonds) and 554.250 (Refunding bonds) , including, but not limited to, legal, printing and consultant’s fees, such amount to be determined by the governing body. The installment coupons shall be of such amount and stated maturity as will pay and retire all installment coupon obligations of such designated series evenly, justly and ratably from year to year at the same time, and shall be general obligations of the corporation, payable from a fund as provided in ORS 554.280 (Resolution for serial coupon obligations) . [Amended by 1981 c.322 §9]

Source: Section 554.270 — Purchase or lease of works and water rights; provision as to payment; serial coupon obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 553.615 — OR Code / Title 45 / Chapter 553 / Section 553.615
553.615 Assessments by order of board
Status: in_force

In lieu of the provisions contained in ORS 553.535 (Collection of charges and assessments by resolution of board) to 553.580 (Payment of state and county taxes by district) , a district may levy any one or all of the assessments provided in this chapter by an order of the board. The order shall state the description of the land assessed, the name of the owner of the land as such description and name appears on the records of the county assessor, the type and kind of assessment, the amount of the assessment due, which shall be certified by the board not later than July 15 of each year to the county assessor of each county in which lands of the district are situated. The county assessor shall enter the assessment upon the county assessor’s roll against the property therein described, in the same manner as other municipal taxes are entered by the county assessor. The collection of the assessment shall be coincident with collection of the state and county tax, and shall be governed by the laws relating thereto. [1965 c.623 §15]

Source: Section 553.615 — Assessments by order of board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.079 — OR Code / Title 45 / Chapter 545 / Section 545.079
545.079 Recording of order including lands in district
Status: in_force

(1) Upon the allowance of a petition for inclusion of lands and when an appeal has not been filed within 30 days after entry of the order, a certified copy of the order of the board of directors including the lands in the district shall be filed for record in the office of the county clerk of each county in which lands of the district are situated. The district as changed and all lands in the district shall be liable for all existing obligations and indebtedness of the district.

(2) An appeal may be taken from the order of the board as provided in ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) to 548.115 (Elector’s right to maintain proceedings) . If an appeal is not taken, the order of inclusion shall be deemed lawful and conclusive against all persons. The order shall not thereafter be questioned in any manner in any proceedings. [Formerly 545.594; 1999 c.452 §10]

Source: Section 545.079 — Recording of order including lands in district; effect of order; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.525 — OR Code / Title 45 / Chapter 540 / Section 540.525
540.525 Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion
Status: in_force

(1) Upon receipt of an application for a change in the point of diversion under ORS 540.520 (Application for change of use, place of use or point of diversion) , the Water Resources Department shall consult with the State Department of Fish and Wildlife to determine whether the diversion is:

(a) Equipped with an appropriate fish screening or by-pass device; or

(b) Included on the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989.

(2) If the original point of diversion is included in the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989, the department, after consulting with the State Department of Fish and Wildlife, may require the installation of an appropriate fish screening or by-pass device at the new point of diversion.

(3) When consulting with the State Department of Fish and Wildlife, the department shall determine whether the installation of an appropriate fish screening or by-pass device is necessary to prevent fish from leaving the body of water and entering the diversion.

(4) Any individual who is required to install a fish screening or by-pass device under this section at a point of diversion may participate in the State Department of Fish and Wildlife’s cost-sharing program for the installation of screening or by-pass devices. [1995 c.274 §6a; 2007 c.625 §11]

Source: Section 540.525 — Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 558.120 — OR Code / Title 45 / Chapter 558 / Section 558.120
558.120 Emergency licenses
Status: in_force

Notwithstanding any provision of ORS 558.010 (Definitions for ORS 558.010 to 558.140) to 558.140 (Appropriation for administration and enforcement) to the contrary, the State Department of Agriculture may grant a license permitting a weather modification operation without compliance by the licensee with the provisions of ORS 558.055 (Hearing on application for license) and 558.080 (Contents of hearing notice) to 558.100 (Proof of publication) , if the operation appears to the department to be necessary or desirable in aid of the extinguishment of fires, dispersal of fog, or other similar emergency. [1953 c.654 §11; 1975 c.420 §9]

Source: Section 558.120 — Emergency licenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 553.660 — OR Code / Title 45 / Chapter 553 / Section 553.660
553.660 Tax or assessment as lien on property
Status: in_force

Any tax or assessment upon land shall be a lien against the property assessed or taxed, and such lien for all payments due or to become due under any contract with the United States or for the payment of principal or interest of bonds deposited with the United States shall be a preferred lien to any assessments for bonds issued subsequent to the date of such contract or the issuance of the bonds deposited with the United States. No subdistrict tax or assessment lien shall be removed until the assessments or tax is paid with interest and penalties or the property sold for the payment thereof. [1965 c.623 §25]

Source: Section 553.660 — Tax or assessment as lien on property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 551.160 — OR Code / Title 45 / Chapter 551 / Section 551.160
551.160 County authority as to dikes and dams
Status: in_force

The governing body of any county shall have the powers provided for it in this chapter to regulate the building and maintenance of dikes and dams for the purpose of reclaiming and improving submersible lands as defined in ORS 274.005 (Definitions) , or lands subject to overflow by freshets, and for the purpose of protecting lands from overflow where great damage is liable to be caused thereby. [Amended by 1969 c.594 §60]

Source: Section 551.160 — County authority as to dikes and dams , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 543.665 — OR Code / Title 45 / Chapter 543 / Section 543.665
543.665 Authority to issue revenue bonds to acquire hydroelectric facilities
Status: in_force

(1) In addition to any other authority under its principal Act to issue bonds, a district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds to construct or acquire hydroelectric facilities in conformance with ORS 543.650 (Policy) to 543.685 (District board to require weatherization) to develop the hydroelectric generation capabilities of the water system, and to pledge as security therefor all or any part of the unobligated net revenue of the district or system.

(2) Revenue bonds may be issued by a district to construct or acquire hydroelectric facilities in connection with its water system in conformance with ORS 543.650 (Policy) to 543.685 (District board to require weatherization) , including, but not limited to, dams, canals, generating plants, transmission lines, other power equipment and acquire the necessary property and rights therefor, for the purpose of generating hydroelectric energy.

(3) The revenue bonds authorized by this section shall be issued in the same manner and form as are general obligation bonds of the district, but they shall be payable, both as to principal and interest, from revenues only, as specified by this section. The revenue bonds shall not be subject to the percentage limitation applicable to general obligation bonds and shall not be a lien upon any of the taxable property within the corporate limits of such district, but shall be payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district, including any taxes levied against it. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. [1981 c.420 §4; 1985 c.561 §6]

Source: Section 543.665 — Authority to issue revenue bonds to acquire hydroelectric facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 541.576 — OR Code / Title 45 / Chapter 541 / Section 541.576
541.576 Water Conservation, Reuse and Storage Investment Fund
Status: in_force

(1) The Water Conservation, Reuse and Storage Investment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Conservation, Reuse and Storage Investment Fund shall be credited to the General Fund. Moneys in the Water Conservation, Reuse and Storage Investment 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 (Establishment of grant program) .

(2) The Water Conservation, Reuse and Storage Investment Fund shall consist of:

(a) Moneys appropriated to the fund by the Legislative Assembly;

(b) Any moneys that may be transferred to the fund by the federal government, a state agency or a local government; and

(c) Grant repayments, if any. [2008 c.13 §3]

Note: See note under 541.561 (Establishment of grant program) .

Source: Section 541.576 — Water Conservation, Reuse and Storage Investment Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.080 — OR Code / Title 45 / Chapter 541 / Section 541.080
541.080 Suits involving water rights
Status: in_force

In any suit commenced for the protection of rights to water acquired under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, the plaintiff may make any or all persons who have diverted water from the same stream or source parties to the suit, and the court may in one decree determine the relative priorities and rights of all parties to the suit. Any person claiming a right on the stream or source, not made a party to the suit, may become such on application to the court, when it is made to appear that the person is interested in the result, and may have the right of the person determined. The court may at any stage, on its own motion, require any persons having or claiming rights to water on the stream or source, to be brought in and made parties, when it appears that a complete determination of the issue involved cannot be made without their presence.

APPROPRIATION OF WATER FOR MINING AND ELECTRIC POWER UNDER 1899 ACT

Source: Section 541.080 — Suits involving water rights; parties; decree as to priorities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 552.992 — OR Code / Title 45 / Chapter 552 / Section 552.992
552.992 Penalties
Status: in_force

Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation) , violation of any regulation adopted under ORS 552.345 (User regulations) is a Class B violation. [1969 c.606 §29(2); 1987 c.185 §5; 1999 c.1051 §198]

Source: Section 552.992 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.358 — OR Code / Title 45 / Chapter 537 / Section 537.358
537.358 Rules for reservation for future economic development
Status: reserved

(1) In adopting a rule under ORS 537.356 (Request for reservation of unappropriated water for future economic development) to reserve unappropriated water for multipurpose storage for future economic development, the Water Resources Commission shall include a public interest review that takes into consideration the factors described under ORS 537.170 (Contested case hearing on application) .

(2) A person requesting use of the reserved water for new storage shall submit a water right application and comply with the procedure set forth in ORS 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit) , except that the priority date for a storage right approved for use of reserved water shall be the date of the reservation. The commission by rule may describe a process for ensuring that the proposed use is consistent with the requirements of the rule establishing the reservation. [1987 c.859 §14; 1997 c.445 §2]

Source: Section 537.358 — Rules for reservation for future economic development; application for use of reserved water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.350 — OR Code / Title 45 / Chapter 536 / Section 536.350
536.350 Delivery of water resources statement to certain public bodies
Status: in_force

The Water Resources Commission shall deliver a copy of each water resources statement referred to in ORS 536.300 (Formulation of state water resources program) (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 water resources of this state. Each state agency or public corporation of this state which receives a copy of a water resources statement shall give to the commission a receipt for the water resources statement. A copy of any such statement duly certified by the Water Resources Director to be a full, true and correct copy shall be received in evidence in any court in the state and if the certificate recites that a copy of the statement was delivered to a particular state agency or public corporation of this state, it shall be presumed that the same was actually delivered as stated in the certificate. [1955 c.707 §10(7); 1985 c.673 §16]

Source: Section 536.350 — Delivery of water resources statement to certain public bodies; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 538.280 — OR Code / Title 45 / Chapter 538 / Section 538.280
538.280 McNulty Creek
Status: in_force

The waters of McNulty Creek, a tributary of Scappoose Bay, in Columbia County, are withdrawn from appropriation except for storage during the period beginning November 1 and ending on March 31 of each year in reservoirs not constructed in the channel of McNulty Creek below a line one mile west of the range line between ranges 1 and 2 west, Willamette Meridian. [Amended by 1955 c.82 §1]

Source: Section 538.280 — McNulty Creek; withdrawal from appropriation; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 548.010 — OR Code / Title 45 / Chapter 548 / Section 548.010
548.010 Sale or disposal of lands
Status: in_force

Whenever any drainage or irrigation district has acquired any lands, by gift, purchase, eminent domain or otherwise, for the uses and purposes of the district, and thereafter by reason of a change of its plans or for any other reason determines that all or any part thereof is no longer necessary for the uses or purposes for which it was acquired, the district may sell or dispose of the lands or any part thereof, either at private or public sale. The officers of the district otherwise authorized to execute conveyances have authority to make such conveyance.

Source: Section 548.010 — Sale or disposal of lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 549.180 — OR Code / Title 45 / Chapter 549 / Section 549.180
549.180 Bringing additional water into ditch without payment of compensation prohibited
Status: in_force

No person shall tap or bring additional water into any drainage district or drainage district ditch already dug without paying a reasonable compensation therefor and securing the written permission of district officials. The criminal penalty for violation of this section shall not relieve the defendant from civil liability for damages.

Source: Section 549.180 — Bringing additional water into ditch without payment of compensation prohibited; civil liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 543.990 — OR Code / Title 45 / Chapter 543 / Section 543.990
543.990 Penalties
Status: in_force

(1) Violation of ORS 543.530 (Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited) (3) is a Class A misdemeanor.

(2) Violation of any of the provisions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , or any of the conditions made a part of any license issued under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , or any subpoena of the Water Resources Commission or of an administrative law judge or any person designated by the commission to take testimony, any lawful order or rule of the commission is a Class B misdemeanor.

(3) Any person who willfully and knowingly gives false testimony concerning a material matter in any hearing before the commission, an administrative law judge or any person designated by the commission to take testimony, or in any deposition or affidavit to be used in a matter pending before the commission or administrative law judge, or willfully and knowingly verifies a false statement or report filed with the commission, commits perjury and may be prosecuted and punished as otherwise provided by law for the prosecution and punishment of perjury. [Amended by 1955 c.673 §5; 1985 c.673 §165; 1999 c.849 §117; 2003 c.75 §99; 2011 c.597 §228]

Source: Section 543.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 541.949 — OR Code / Title 45 / Chapter 541 / Section 541.949
541.949 Authority of board to accept moneys
Status: in_force

(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 of the board, including administrative expenses, as provided by law.

(2) All moneys received by the board under this section shall be deposited in the State Treasury and kept in separate accounts in the General Fund designated according to the purposes for which moneys were made available.

(3) Notwithstanding the provisions of ORS 291.238 (Expenditures without allotment prohibited) , all moneys received under this section are continuously appropriated to the board for the purpose for which they were made available and shall be expended in accordance with the terms and conditions upon which they were made available. [Formerly 541.372]

Note: See note under 541.890 (Definitions for ORS 541.890 to 541.969) .

Source: Section 541.949 — Authority of board to accept moneys; disposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.635 — OR Code / Title 45 / Chapter 545 / Section 545.635
545.635 Notice of court proceeding to obtain constructive consent
Status: in_force

(1) Upon presentation of the petition to the judge of the circuit court, the judge shall authorize the district to publish, and the district shall cause to be published a notice describing the substance of the terms of settlement under which the evidences of indebtedness of the district are to be surrendered, refunded, satisfied, compromised, exchanged or discharged under the provisions of ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) . The notice shall be printed for at least four consecutive weeks in three newspapers published in Oregon that are designated by the court. One of the newspapers must be published in the county in which the office of the board of directors is located if such a newspaper exists.

(2) The notice shall contain a general description of the evidences of indebtedness to be refunded and retired, the amount of indebtedness to be refunded and retired, and a general description of the refunding bonds to be issued. The notice shall require all holders of the evidences of indebtedness to file in the proceeding their written dissent from, or objection to, the proposed plan of settlement. The notice shall also state that if such dissent in writing is not filed in the court within 90 days from the date of the first publication of the notice, the holders failing to file dissent or objection shall be considered to have consented to the refunding, compromise or settlement of the indebtedness under the terms and conditions set forth in the notice.

(3) After 90 days from the date of the first publication of the notice, the holders failing to file their objections and protests with the court shall be considered to have consented to the refunding, compromise or settlement of the indebtedness under the terms set forth in the notice. The failure to file shall be considered the equivalent of the offer in writing signed by known consenting holders. [Formerly 545.284]

Source: Section 545.635 — Notice of court proceeding to obtain constructive consent; effect of failure to file objection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.942 — OR Code / Title 45 / Chapter 541 / Section 541.942
541.942 Natural Resources Subaccount
Status: in_force

(1) Of the moneys deposited into the Parks and Natural Resources Fund created under ORS 541.940 (Parks and Natural Resources Fund) 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 wildlife, watersheds and water quality in Oregon. The State Treasurer may invest and reinvest the moneys in the Natural Resources Subaccount as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) .

(2) Moneys in the Natural Resources Subaccount shall be used to accomplish each of the following:

(a) Protecting and improving water quality in the rivers, lakes and streams of this state by restoring natural watershed functions or stream flows;

(b) Securing long-term protection for lands and waters that provide significant habitats for native fish and wildlife;

(c) Restoring and maintaining habitat needed to sustain healthy and resilient populations of native fish and wildlife;

(d) Maintaining the diversity of plants, animals and ecosystems in this state;

(e) Involving people in voluntary actions to protect, restore and maintain the ecological health of lands and waters in this state; and

(f) Remedying the conditions that limit the health of fish and wildlife, fish and wildlife habitats and watershed functions that are in the greatest need of conservation.

(3) Except as provided in subsections (4) and (5) of this section, of the moneys deposited into the Natural Resources Subaccount from the Oregon State Lottery:

(a) Sixty-five percent of the moneys shall be deposited into the Watershed Conservation Grant Fund established under ORS 541.947 (Watershed Conservation Grant Fund) to be used by the Oregon Watershed Enhancement Board for the purposes set forth in ORS 541.956 (Watershed Conservation Grant Fund purposes) ; and

(b) Thirty-five percent of the moneys shall be deposited into the Watershed Conservation Operating Fund established under ORS 541.945 (Watershed Conservation Operating Fund) .

(4) If the amount transferred from the Oregon State Lottery to the Parks and Natural Resources Fund during a biennium is more than 150 percent of the amount that was transferred during the 2009-2011 biennium, except as provided in subsection (5) of this section, the State Treasurer shall, during the next following biennium, deposit from the Natural Resources Subaccount to the Watershed Conservation Grant Fund the amount described in subsection (3)(a) of this section plus an amount equal to the difference between the amount deposited from the subaccount to the Watershed Conservation Grant Fund during the preceding biennium and 70 percent of the moneys received by the subaccount from the Oregon State Lottery during the preceding biennium.

(5) The requirements in subsections (3) and (4) of this section apply only for biennia in which the Legislative Assembly does not require a greater percentage of the Natural Resources Subaccount moneys to be deposited into the Watershed Conservation Grant Fund. The Legislative Assembly may not authorize the percentage of Natural Resources Subaccount moneys deposited into the Watershed Conservation Grant Fund in a biennium to be less than the percentage required to be deposited under subsections (3) and (4) of this section. [2011 c.643 §9]

Note: See note under 541.890 (Definitions for ORS 541.890 to 541.969) .

Note: Section 9, chapter 603, Oregon Laws 2023, provides:

Sec. 9. (1) The Oregon Watershed Enhancement Board shall establish by rule a process for allocating on a quarterly basis available moneys in the Natural Resources Subaccount of the Parks and Natural Resources Fund, established under ORS 541.942 (Natural Resources Subaccount) , to fulfill the biennial allocations made in this 2023 Act. Except as provided in subsection (2) of this section, all quarterly allocations shall be set at one-eighth of the biennial allocations.

(2) If, in any quarter, the moneys transferred from the Oregon State Lottery Fund to the Parks and Natural Resources Fund are insufficient to pay for the quarterly allocations established under subsection (1) of this section, the allocations shall be reduced proportionately by amounts sufficient to accommodate the revenue shortfall. [2023 c.603 §9]

Source: Section 541.942 — Natural Resources Subaccount , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 536.540 — OR Code / Title 45 / Chapter 536 / Section 536.540
536.540 Approval of voucher claims
Status: in_force

All voucher claims for indebtedness or expenses authorized and incurred by the Water Resources Commission in carrying out its functions as provided by law shall be approved by the commission or as provided in ORS 293.330 (Designation of officer by state agency to approve disbursements) . [1955 c.707 §31]

Source: Section 536.540 — Approval of voucher claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 537.830 — OR Code / Title 45 / Chapter 537 / Section 537.830
537.830 Condemnation of waters for use outside basin of origin
Status: in_force

No person, or agency of any state or of the United States, shall attempt to condemn any waters within the boundaries of this state for use outside the basin of origin without first complying with the requirements of ORS 537.801 (Definitions) to 537.810 (Diversion or appropriation of waters from basin of origin without legislative consent prohibited) and this section. [Amended by 1989 c.936 §8]

Source: Section 537.830 — Condemnation of waters for use outside basin of origin , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 538.300 — OR Code / Title 45 / Chapter 538 / Section 538.300
538.300 Milton Creek and tributaries
Status: in_force

The unappropriated waters of Milton Creek and its tributaries, in Columbia County, are withdrawn from appropriation except for domestic use through the year and storage during the period beginning November 1 and ending April 30 of each year. Nothing contained in this section shall impair the existing rights of any person to the use of such waters.

Source: Section 538.300 — Milton Creek and tributaries; withdrawal from appropriation; exception; existing rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 541.735 — OR Code / Title 45 / Chapter 541 / Section 541.735
541.735 Payment of funds by State Treasurer pursuant to loan contract
Status: in_force

If the Water Resources Commission approves a loan for a water development project or federal water development project, the State Treasurer shall pay moneys for such project from the Water Development Fund in accordance with the terms of the loan contract, as prescribed by the commission. [1977 c.246 §7; 1985 c.673 §117]

Source: Section 541.735 — Payment of funds by State Treasurer pursuant to loan contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.809 — OR Code / Title 45 / Chapter 537 / Section 537.809
537.809 Reservation of water in basin of origin
Status: in_force

Before approving or recommending approval of an application subject to ORS 537.803 (Application proposing use of water outside of basin of origin) , the Water Resources Commission shall reserve an amount of water adequate for future needs in the basin of origin, including an amount sufficient to protect public uses, and subordinate the out-of-basin use to that reservation. [1989 c.936 §6]

Source: Section 537.809 — Reservation of water in basin of origin , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 539.015 — OR Code / Title 45 / Chapter 539 / Section 539.015
539.015 Certification of statements of claimants
Status: in_force

Each claimant or owner who files a statement and proof of claim form or a registration statement shall be required to certify to the statements of the claimant or owner under oath. The Water Resources Director or the authorized assistant of the director may administer such oaths, which shall be done without charge, as also shall be the furnishing of blank forms for the statement. [1989 c.691 §4]

Source: Section 539.015 — Certification of statements of claimants; oaths , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 553.270 — OR Code / Title 45 / Chapter 553 / Section 553.270
553.270 Procedure on condemnation
Status: in_force

The right to condemn property, given pursuant to ORS 553.090 (Nature and powers of district) (4) shall include property already devoted to public use, including state and county property, which is less necessary than the use for which it is required by the district. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. However, the right of condemnation may not be exercised against the lands or water rights of an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a diking district organized under ORS chapter 551, a water improvement district organized under ORS chapter 552, a corporation for the use and control of water organized under ORS chapter 554 or a domestic water supply district organized under ORS chapter 264, or against property of the State of Oregon used for highway purposes. [1965 c.623 §10; 1983 c.740 §217; 2021 c.97 §66]

Source: Section 553.270 — Procedure on condemnation; property subject to and exempted from condemnation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 553.020 — OR Code / Title 45 / Chapter 553 / Section 553.020
553.020 Creation of water control districts
Status: in_force

(1) Water control districts may be created as provided in this chapter for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining drainage, irrigation, and flood and surface water control works in order to prevent damage and destruction of life and property by floods, to improve the agricultural and other uses of lands, and to improve the public health, welfare and safety.

(2) A water control district, organized for one or more of the purposes provided by subsection (1) of this section, may also acquire, purchase, construct, improve, operate and maintain works and facilities for the secondary purposes of domestic, municipal and industrial water, recreation, wildlife, fish life and water quality enhancement. However, a water control district may not be created solely for one or more of the purposes provided by this subsection. [Amended by 1969 c.691 §2]

Source: Section 553.020 — Creation of water control districts; purposes; limits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.671 — OR Code / Title 45 / Chapter 545 / Section 545.671
545.671 Contract providing plan of liquidation
Status: in_force

Any irrigation district desiring to become a party to any contract providing a plan for the liquidation in any manner of all or part of its outstanding bonded or other indebtedness, whether then due or not due, may choose to adopt the procedure provided by ORS 545.671 (Contract providing plan of liquidation) to 545.679 (Recording of contract) . The procedure provided by ORS 545.671 (Contract providing plan of liquidation) to 545.679 (Recording of contract) is in lieu of other procedures provided by law. Before becoming a party to a contract under ORS 545.671 (Contract providing plan of liquidation) to 545.679 (Recording of contract) , the board of directors shall adopt a resolution substantially describing all the terms and conditions of the proposed contract. [Formerly 545.352]

Source: Section 545.671 — Contract providing plan of liquidation; resolution of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.115 — OR Code / Title 45 / Chapter 547 / Section 547.115
547.115 Supervisor’s oath of office
Status: in_force

Each supervisor before entering upon official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that the supervisor will honestly, faithfully and impartially perform the duties devolving upon the supervisor in office as supervisor of the drainage district in which the supervisor was elected, and that the supervisor will not neglect any of the duties imposed upon the supervisor by the Drainage District Act.

Source: Section 547.115 — Supervisor’s oath of office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 549.720 — OR Code / Title 45 / Chapter 549 / Section 549.720
549.720 Procedure for removing or destroying drifts and drifting materials
Status: in_force

When removing or destroying drifts or drifting material in rivers or streams or on land that has been flooded the county shall:

(1) Have the right to enter upon any land for purposes of inspection, removal and destruction of drifts and drifting material.

(2) Give reasonable notice to owners of salvable material that the county has salvaged their property and that if such property has not been reclaimed or arrangements made for its removal within a reasonable time but in no event less than 30 days the county will dispose of the property by sale and, after deducting the amount necessary to reimburse the county for removal costs, hold the balance for one year for the owner. If, at the end of that time, the balance remains unclaimed it shall be placed in the general fund of the county. The county may hold any salvable material until the owner has reimbursed the county for removal costs. [1957 c.296 §2]

Source: Section 549.720 — Procedure for removing or destroying drifts and drifting materials , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 548.515 — OR Code / Title 45 / Chapter 548 / Section 548.515
548.515 Manner of relevy and reassessment
Status: in_force

The relevy and reassessment of drainage and irrigation district assessments provided for by law shall be made in the same manner, and by the same officers who, at the time the new listing or levy is made, are authorized by law to list property and compute, levy and assess taxes or assessments against property in the drainage or irrigation district.

Source: Section 548.515 — Manner of relevy and reassessment; officers authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 550.200 — OR Code / Title 45 / Chapter 550 / Section 550.200
550.200 Organizational meeting of board of directors
Status: in_force

(1) As soon as practicable after the election and appointment of the directors to the board of directors, the directors shall meet to qualify all individuals elected or appointed as directors by administering an oath of office and to elect the officers of the board of directors.

(2) The directors shall elect from their number a chair and vice chair. Such officers have the authority and duties granted them by the board of directors.

(3) The board of directors shall meet at times and places that the board of directors considers necessary or convenient.

(4) A majority of the directors shall constitute a quorum for the transaction of business. [2019 c.621 §6; 2022 c.16 §6]

Source: Section 550.200 — Organizational meeting of board of directors; oath; officers; meetings; quorum , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 543.655 — OR Code / Title 45 / Chapter 543 / Section 543.655
543.655 Definitions for ORS 543.650 to 543.685
Status: in_force

As used in ORS 543.650 (Policy) to 543.685 (District board to require weatherization) , unless the context requires otherwise:

(1) “District” means any one of the following:

(a) A domestic water supply district organized under ORS chapter 264.

(b) An irrigation district organized under ORS chapter 545.

(c) A drainage district organized under ORS chapter 547.

(d) A water improvement district organized under ORS chapter 552.

(e) A water control district organized under ORS chapter 553.

(2) “Principal Act” means the statutes, other than ORS 543.650 (Policy) to 543.685 (District board to require weatherization) , which describe the powers of a district, including, but not limited to, the statutes under which a district is proposed or is operating.

(3) “Water system” means any structure or facility constructed by persons and used by a district to achieve the district’s purpose under the district’s principal Act whether or not such structure or facility is owned by the district. [1981 c.420 §2; 1985 c.561 §4]

Source: Section 543.655 — Definitions for ORS 543.650 to 543.685 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.835 — OR Code / Title 45 / Chapter 537 / Section 537.835
537.835 City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek
Status: in_force

(1) Pursuant to the provisions of ORS 537.810 (Diversion or appropriation of waters from basin of origin without legislative consent prohibited) , consent is hereby given to the City of Walla Walla, a municipal corporation of the State of Washington, to appropriate, impound and divert certain waters from Mill Creek, a tributary of the Walla Walla River, located in Township 6 North, Range 38, E.W.M., Umatilla County, Oregon, for the beneficial use of both the State of Oregon and within the City of Walla Walla, State of Washington, subject to the following terms and conditions:

(a) The City of Walla Walla shall pay the entire cost of constructing and maintaining this project; and

(b) The City of Walla Walla shall employ only residents and inhabitants of the State of Oregon in the construction and maintenance of the project.

(2) The Water Resources Commission may from time to time direct that a designated portion of the impounded waters shall be held in the State of Oregon for fire protection, for use by Oregon residents, for wildlife habitat needs, and to maintain proper streamflow during the summer months.

(3) Prior to commencing construction, the City of Walla Walla shall make application for such appropriation, impoundment and diversion to the Water Resources Commission and such appropriation, impoundment and diversion shall be allowed upon such additional terms, conditions, reservations, restrictions and provisions, including minimum streamflow, as the Water Resources Commission shall impose for the protection and benefit of the State of Oregon. [1975 c.732 §2; 1985 c.673 §76]

Source: Section 537.835 — City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 551.040 — OR Code / Title 45 / Chapter 551 / Section 551.040
551.040 Duties of surveyors and viewers
Status: in_force

The routine of procedure under this chapter shall be as far as practicable the same as prescribed by the road law of the state for survey, location and establishment of county roads. The surveyors and viewers appointed shall meet as prescribed by the county court. They shall trace upon the ground the line of the dikes and dams necessary, and shall keep an accurate record of the magnetic bearings and the distances upon the same. They shall designate the width of the right of way through which the dikes and dams shall pass, which right of way, if the petition is granted, shall be the property of the district in so far as is necessary for the purpose of building and maintaining the works. The surveyors and viewers shall also define the boundaries of the district, and make an accurate list, by legal subdivision, of the lands embraced therein, and the names of the owners thereof. They shall further make plans for, and estimate the cost of, the proposed dikes and dams, and shall file with the county clerk, at least one week before the day set for a hearing, a complete report of their works. Their report shall be open to public inspection.

Source: Section 551.040 — Duties of surveyors and viewers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 554.017 — OR Code / Title 45 / Chapter 554 / Section 554.017
554.017 Appeal from Secretary of State’s refusal to file document
Status: in_force

If the Secretary of State refuses to file a document delivered to the Office of the Secretary of State for filing, the corporation, in addition to any other legal remedy that may be available, shall have the right to appeal from such order pursuant to the provisions of ORS 183.480 (Judicial review of agency orders) . [1987 c.94 §142]

Source: Section 554.017 — Appeal from Secretary of State’s refusal to file document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 549.645 — OR Code / Title 45 / Chapter 549 / Section 549.645
549.645 Waiver of state’s immunity to suit or action
Status: in_force

Except upon contracts providing for arbitration under the provisions of ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) , a suit or action may be maintained against the State of Oregon through and in the name of the Water Resources Commission for an injury to the rights of the plaintiff arising from some act or omission attributable to the Water Resources Commission acting as authorized by ORS 549.605 (Definitions for ORS 549.605 to 549.645) to 549.645 (Waiver of state’s immunity to suit or action) . [1957 c.466 §9; 2003 c.598 §46]

Source: Section 549.645 — Waiver of state’s immunity to suit or action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 538.125 — OR Code / Title 45 / Chapter 538 / Section 538.125
538.125 Certain appropriations vested notwithstanding ORS 538.120
Status: in_force

All appropriations made under the provisions of section 2, chapter 480, Oregon Laws 1965, shall become vested when completed as provided by ORS 537.250 (Water right certificate) . Any person having obtained a vested water right prior to April 19, 1967, under the provisions of section 2, chapter 480, Oregon Laws 1965, may apply to the Water Resources Commission for an increase of vested water rights, as provided by ORS chapter 537. [1967 c.169 §1; 1985 c.673 §78]

Source: Section 538.125 — Certain appropriations vested notwithstanding ORS 538.120 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 540.531 — OR Code / Title 45 / Chapter 540 / Section 540.531
540.531 Transfer of surface water point of diversion to ground water
Status: in_force

(1) Notwithstanding ORS 537.515 (Definitions for ORS 537.505 to 537.795 and 537.992) and 537.535 (Unlawful use or appropriation of ground water, including well construction and operation) , an owner of a surface water use subject to transfer may apply for a transfer of the point of diversion to allow the appropriation of ground water if the proposed transfer complies with the requirements of subsection (2) or (3) of this section and with the requirements for a transfer in point of diversion specified in ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) .

(2) The Water Resources Department may allow a transfer of the point of diversion under subsection (1) of this section if:

(a) Intentionally left blank —Ed.

(A) The new point of diversion appropriates ground water from an aquifer that is hydraulically connected to the authorized surface water source;

(B) The proposed change in point of diversion will not result in enlargement of the original water right or in injury to other water right holders;

(C) The use of the new point of diversion will affect the surface water source similarly to the authorized point of diversion specified in the water use subject to transfer; and

(D) The withdrawal of ground water at the new point of diversion is located within 500 feet of the surface water source and, when the surface water source is a stream, is also located within 1,000 feet upstream or downstream of the original point of diversion as specified in the water use subject to transfer; or

(b) The new point of diversion is not located within the distance requirements set forth in paragraph (a)(D) of this subsection, the holder of the water use subject to transfer submits to the department evidence prepared by a licensed geologist that demonstrates that the use of the ground water at the new point of diversion will meet the criteria set forth in paragraph (a)(A) to (C) of this subsection.

(3) Notwithstanding subsection (2) of this section, the department shall allow a transfer of the point of diversion under subsection (1) of this section in the Deschutes Basin ground water study area if:

(a) The new point of diversion appropriates ground water from an aquifer that is hydraulically connected to the authorized surface water source;

(b) The proposed change in the point of diversion will not result in enlargement of the original water right or in injury to other water right holders; and

(c) The use of the new point of diversion will affect the surface water source hydraulically connected to the authorized point of diversion specified in the water use subject to transfer. The department may not require that the use of the new point of diversion affect the surface water source similarly to the authorized point of diversion specified in the water use subject to transfer under this subsection.

(4) All applicable restrictions that existed at the original point of diversion shall apply at the new point of diversion allowed under this section.

(5) The new point of diversion shall retain the original date of priority. However, if within five years after approving the transfer, the department finds that the transfer results in substantial interference with existing ground water rights that would not have occurred in the absence of the transfer, the new point of diversion shall be subordinate to any existing right injured by the transferred water right or permit.

(6) Intentionally left blank —Ed.

(a) The department shall approve an application to return to the last authorized surface water point of diversion if a holder of a water use subject to transfer submits an application to the department within five years after the department approves a transfer under this section.

(b) The department shall approve an application to return to the last authorized surface water point of diversion after five years of the date the department allows a transfer under subsection (3) of this section if a holder of a water use subject to transfer submits an application to the department, and the return will not result in injury to an existing water right.

(7) For transfers allowed under this section, the department shall require mitigation measures to prevent depletion from any surface water source not specified in the permit or certificated or decreed water right, except that the department may not require mitigation measures if the transfer complies with subsection (3) of this section.

(8) The Water Resources Commission shall adopt rules that prescribe:

(a) The process for reviewing applications submitted under this section;

(b) The persons to whom the department shall provide notice of the receipt of an application submitted under this section; and

(c) The persons who may participate in the process of reviewing applications submitted under this section.

(9) As used in this section:

(a) “Deschutes Basin ground water study area” means the part of the Deschutes River Basin that is designated by the Water Resources Commission by rule.

(b) “Similarly” means that the use of ground water at the new point of diversion affects the surface water source specified in the permit or certificated or decreed water right and would result in stream depletion of at least 50 percent of the rate of appropriation within 10 days of continuous pumping. [1995 c.274 §4; 1999 c.555 §5; 2003 c.705 §1; subsection (9) of 2003 Edition enacted as 2003 c.705 §3; 2005 c.614 §2]

Source: Section 540.531 — Transfer of surface water point of diversion to ground water; requirements; priority; mitigation measures; return to surface water diversion; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 545.253 — OR Code / Title 45 / Chapter 545 / Section 545.253
545.253 Title to and rights in property acquired
Status: in_force

The legal title to all property acquired under ORS 545.239 (Right to enter upon and acquire lands and water rights) , 545.241 (Bond or other security as condition of immediate possession in condemnation by irrigation or drainage district) , 545.245 (Right to immediate possession in condemnation proceeding) and 545.249 (Right to condemn for irrigation purposes is a superior right) shall immediately vest in the irrigation district and shall be held by it in trust for and hereby is dedicated and set apart to the uses and purposes set forth in the Irrigation District Law. The board is authorized and empowered to hold, use, acquire, manage, occupy, possess and dispose of the property as provided in the Irrigation District Law. The title acquired by an irrigation district under ORS 545.239 (Right to enter upon and acquire lands and water rights) , 545.241 (Bond or other security as condition of immediate possession in condemnation by irrigation or drainage district) , 545.245 (Right to immediate possession in condemnation proceeding) and 545.249 (Right to condemn for irrigation purposes is a superior right) shall be the fee simple or such lesser estate as shall be designated in the judgment of appropriation. [Formerly 545.090; 2003 c.576 §497]

Source: Section 545.253 — Title to and rights in property acquired , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 549.540 — OR Code / Title 45 / Chapter 549 / Section 549.540
549.540 Dikes constructed under agreement excepted
Status: in_force

The provisions of ORS 549.510 (Repair of dikes protecting contiguous tracts of different owners) to 549.530 (Entry on land by complainant to repair dike) shall not apply to dikes constructed under agreement between the owners of contiguous tracts of land, under which agreement the maintenance of the dike is provided for.

Source: Section 549.540 — Dikes constructed under agreement excepted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 540.455 — OR Code / Title 45 / Chapter 540 / Section 540.455
540.455 Dam inspections and analysis
Status: in_force

(1) The Water Resources Department, or agents or representatives of the department, may inspect a dam and the site, plans and specifications, features and other supporting information regarding the construction, maintenance and operation of a dam. If a dam has a high hazard rating, the department shall ensure that the dam is inspected annually unless the department determines that a different inspection schedule is appropriate.

(2) The department shall provide the dam owner with an inspection document describing the condition of the dam and specific maintenance actions recommended by the department. [2019 c.390 §6]

Source: Section 540.455 — Dam inspections and analysis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.420 — OR Code / Title 45 / Chapter 543 / Section 543.420
543.420 Noncompletion of construction within prescribed time
Status: in_force

If construction of a project under license has been begun but has not been completed within the time prescribed in the license or in any lawful extension thereof, then the Attorney General, upon request of the Water Resources Commission, shall institute proceedings in the circuit court for the county in which some part of the project is situated, for termination of the rights of the licensee under the license, the sale of the property embraced in the project, and for such other relief as the case may demand. Any judgment or decree entered in the proceeding shall provide for distribution of the proceeds of the sale to the parties equitably entitled thereto. The purchaser at any such sale shall take the property subject to all the terms and conditions of the license under which construction was begun, except insofar as they may be modified by the commission. [Amended by 1985 c.673 §156]

Source: Section 543.420 — Noncompletion of construction within prescribed time; judicial proceedings; sale of property; disposition of proceeds; rights of purchaser , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 540.541 — OR Code / Title 45 / Chapter 540 / Section 540.541
540.541 Delivery and use of water under exchange
Status: in_force

(1) Any water made available to a person under an exchange shall be delivered in accordance with the order allowing the exchange. The use of water under an exchange is without prejudice to, but shall be considered use and enjoyment of, the permitted, certificated or decreed right held by that water user at the time the exchange was approved.

(2) The use of water under a permit may be perfected by application of exchange water to the use specified in that permit. Upon receipt of proof satisfactory to the Water Resources Commission that water has been used under the exchange for the purposes of and within the limitations of the permit, the commission shall issue a certificate of the same character as that described in ORS 539.140 (Water right certificates) . The certificate shall incorporate the source, conditions and priority of the permit existing at the time the exchange was approved.

(3) If regulation by the watermaster is required, after implementation of the exchange, water shall be delivered in accordance with the terms and conditions of the order allowing the exchange. [1987 c.815 §6]

Source: Section 540.541 — Delivery and use of water under exchange , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.295 — OR Code / Title 45 / Chapter 537 / Section 537.295
537.295 Cancellation of permit when holder fails to continue to qualify as municipal applicant
Status: in_force

(1) If the holder of a permit to appropriate water for hydroelectric purposes under this chapter fails, after receiving notice under ORS 537.289 (Conditions to be imposed on permit of municipal corporation or district) (2), to amend the joint agreement so the holder continues to qualify as a municipal applicant, or if the holder of the permit has assigned ownership of the permit to an entity other than a municipal corporation or district, the Water Resources Commission shall initiate proceedings to cancel the permit.

(2) A proceeding to cancel a permit under subsection (1) of this section shall be conducted according to the provisions under ORS chapter 183 for a contested case hearing. [1985 c.392 §7; 1985 c.673 §188]

Source: Section 537.295 — Cancellation of permit when holder fails to continue to qualify as municipal applicant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.387 — OR Code / Title 45 / Chapter 545 / Section 545.387
545.387 Assessment on benefit basis
Status: in_force

After an affirmative vote at any regular or special election called or held under the Irrigation District Law, a district issuing bonds may proceed to levy and collect assessments for any purposes of the irrigation district on a benefit basis instead of on the basis of the number of irrigable acres. The valuation of lands for determination of benefits shall be made by three competent, disinterested viewers appointed by the governing body of the county. The viewers shall classify the lands included in each ownership or smallest legal subdivision and fix the assessments according to the productive value of water and land prepared to receive water. The assessments shall be determined without regard to permanent improvements, such as buildings or orchards. When fixing the amount of assessments, the viewers shall provide proper deductions for partial water rights appurtenant to any tract of land within the district not furnished by the district. However, no change in method of assessment shall be made except with the consent of the holders of outstanding bonds. [Formerly 545.434]

Source: Section 545.387 — Assessment on benefit basis; determination of benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.260 — OR Code / Title 45 / Chapter 547 / Section 547.260
547.260 Appointment of commissioners when plan amended
Status: in_force

(1) If the judgment of the court provides that the plan for reclamation may be amended, changed or corrected or the boundary lines of the district extended, the court shall appoint three commissioners, possessing the same qualifications as the commissioners appointed under ORS 547.215 (Commissioners) , to appraise property to be taken, assess benefits and damages, and estimate the cost of improvements the same as is required of commissioners acting under ORS 547.225 (Assessment of benefits and damages by commissioners) . The commissioners shall make their report in writing and file it with the county clerk, after which the case shall be proceeded with in the same manner as is provided for the organization of drainage districts.

(2) If the petition is dismissed the district shall pay the cost; but if the petition is sustained in whole or in part the objectors shall pay the court costs. [Amended by 2003 c.576 §513]

Source: Section 547.260 — Appointment of commissioners when plan amended; subsequent proceedings; court costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 555.040 — OR Code / Title 45 / Chapter 555 / Section 555.040
555.040 Powers of Water Resources Commission as to contracts with Secretary of Interior for lands to be reclaimed
Status: in_force

Upon application, made as provided in ORS 555.050 (Application to Water Resources Commission for lands to be reclaimed) , by any person desiring to reclaim any of the desert government lands in this state, the Water Resources Commission shall make proper application for the lands which the applicant undertakes to reclaim, and make and enter into contract or agreement with the Secretary of the Interior for the donation and patent to the state, free of cost for survey or price, of such desert lands. The commission may make and enter into such contracts and agreements, and create and assume such obligations in relation to and concerning the lands, as may be necessary to induce and cause such reclamation thereof as is required by the contract with the Secretary of the Interior and the Acts of Congress. The commission may create a lien which shall be valid on and against the separate legal subdivisions of land reclaimed, for the necessary expenses of reclamation, and reasonable interest thereon from the date of reclamation until the lien is satisfied; provided that in no event, in no contingency, and under no circumstances, shall the state be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part.

Source: Section 555.040 — Powers of Water Resources Commission as to contracts with Secretary of Interior for lands to be reclaimed; lien for expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.099 — OR Code / Title 45 / Chapter 545 / Section 545.099
545.099 Petition for exclusion of lands from district
Status: in_force

(1) The owners in fee of one or more tracts of land or the holders of an uncompleted title to government or state lands which constitute a portion of an irrigation district may jointly or severally file with the board of directors a petition requesting that those tracts be excluded and taken from the district. The petition shall state the grounds upon which it is requested that the lands be excluded. The petition shall also describe the boundaries of the tracts sought to be excluded and the lands of the petitioners which are included within those boundaries. The description of the lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor.

(2) Upon receipt of a petition for exclusion, the board of directors shall review the petition and shall enter its order approving the petition. The board may approve the petition subject to the requirements of ORS 545.051 (Change of boundaries authorized) , 545.097 (Exclusion of tracts) or 545.126 (Liability of excluded lands for district’s obligations) or may approve the petition without conditions, as the board considers appropriate. The board, as a condition of exclusion, may require the petitioners to pay all costs of exclusion, including but not limited to recording fees, a reasonable administrative fee and all past due charges and assessments of the district attributable to the petitioners and the lands of the petitioners. When any district facilities, including but not limited to ditches, pipelines, headgates or other waterworks, are on the lands of the petitioners, if the petitioners propose to change the use of the land, the district may require the petitioners to provide measures to protect those facilities and may require that appropriate easements be provided if there are none of record. [Formerly 545.604; 1999 c.452 §12]

Source: Section 545.099 — Petition for exclusion of lands from district; approval by board; payment of costs of exclusion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543.730 — OR Code / Title 45 / Chapter 543 / Section 543.730
543.730 Failure to file statement or pay fees as evidence of abandonment of claim
Status: in_force

(1) Failure of any claimant for a period of five successive years ending after August 20, 1957, to file the written statement showing the extent of the claim as required by ORS 543.720 (Payment of annual fee) , or failure of any claimant for a period of five successive years ending after August 20, 1957, to pay the annual license fee as required by ORS 543.710 (Annual fee based on horsepower) , shall be conclusive evidence of the abandonment by the claimant of the claim and of all right to water for power purposes in connection with such claim.

(2) When a claim is abandoned under the provisions of subsection (1) of this section, or whenever a claimant has voluntarily authorized, in writing, the cancellation of a claim or the water right in connection therewith, the Water Resources Commission shall:

(a) Cancel the claim on the records of the Water Resources Department.

(b) Cancel any permit to appropriate water or any water right certificate issued in connection with such claim. [1957 c.333 §3; 1979 c.67 §7; 1985 c.673 §164]

Source: Section 543.730 — Failure to file statement or pay fees as evidence of abandonment of claim; cancellation of claim, permit and water right certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 558.110 — OR Code / Title 45 / Chapter 558 / Section 558.110
558.110 Records and reports of operations
Status: in_force

(1) Each licensee shall keep and maintain a record of all operations conducted by the licensee pursuant to the license showing the method employed, the type of equipment, the type and composition of the materials used, the times and places of operation of the equipment, the name and post-office address of each person participating or assisting in the operation other than the licensee, the estimated precipitation for each licensed project, defining the gain or loss occurring from the operations, together with supporting data therefor, and such other information as may be required by the State Department of Agriculture, and shall report the same to the department at such times as it may require.

(2) The records of the department and the reports of all licensees shall be available for public examination. [1953 c.654 §10; 1975 c.420 §8]

Source: Section 558.110 — Records and reports of operations; public examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 541.566 — OR Code / Title 45 / Chapter 541 / Section 541.566
541.566 Planning studies eligible for grants or direct service cost payments
Status: in_force

(1) A planning study receiving a grant or payment for direct services under ORS 541.561 (Establishment of grant program) may include, but is not limited to:

(a) Analyses of hydrological refill capacity;

(b) Water needs analyses;

(c) Refined hydrological analyses;

(d) Engineering and financial feasibility studies;

(e) Geologic analyses;

(f) Water exchange studies;

(g) Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of a proposed water conservation, reuse or storage project on those flows;

(h) Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives;

(i) Analyses of environmental harm or impacts from a proposed water conservation, reuse or storage project;

(j) Analyses of public benefits accruing from a proposed water conservation, reuse or storage project;

(k) Fiscal analyses of a proposed water conservation, reuse or storage project, including estimated project costs, financing for the project and projected financial returns from the project;

(L) Hydrological analyses of a proposed water conservation, reuse or storage project, including the anticipated effects of climate change on hydrological refill capacity; and

(m) Analyses of potential water quality impacts of the project.

(2) If a planning study concerns a proposed storage project that would impound surface water on a perennial stream, divert water from a stream that supports sensitive, threatened or endangered fish or divert more than 500 acre-feet of surface water annually, a grant or direct services payment may be provided only if the study contains:

(a) Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of the storage project on those flows;

(b) Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives;

(c) Analyses of environmental harm or impacts from the proposed storage project;

(d) Evaluation of the need for and feasibility of using stored water to augment in-stream flows to conserve, maintain and enhance aquatic life, fish life and any other ecological values; and

(e) For a proposed storage project that is for municipal use, analysis of local and regional water demand and the proposed storage project’s relationship to existing and planned water supply projects. [2008 c.13 §2]

Note: See note under 541.561 (Establishment of grant program) .

Source: Section 541.566 — Planning studies eligible for grants or direct service cost payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.570 — OR Code / Title 45 / Chapter 554 / Section 554.570
554.570 Effect of exclusion on existing debts
Status: in_force

(1) An amendment to exclude land shall not relieve any land from any lien existing at the time of the exclusion of the land, affect the date of priority of any lien of the corporation upon any land or relieve any landowner from any obligation to pay any valid outstanding bonds or indebtedness of the corporation; but the land shall continue to be subject to the lien and chargeable with all obligations outstanding at the time of the exclusion. For the purpose of enforcing any lien for such obligations, lands excluded shall be considered part of the corporation as if the exclusion had never been accomplished.

(2) Lands excluded shall not be chargeable with a lien for any obligation incurred after the date of filing the articles of amendment with the Secretary of State, providing for the exclusion of such lands. [1963 c.103 §8]

Source: Section 554.570 — Effect of exclusion on existing debts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 542.090 — OR Code / Title 45 / Chapter 542 / Section 542.090
542.090 Moneys from licenses under Federal Waterpower Act
Status: in_force

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.

Source: Section 542.090 — Moneys from licenses under Federal Waterpower Act; disposal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 537.470 — OR Code / Title 45 / Chapter 537 / Section 537.470
537.470 Allocation of conserved water by commission
Status: in_force

(1) Upon receipt of an application for allocation of conserved water under ORS 537.465 (Application for allocation of conserved water) , the Water Resources Commission shall give notice of receipt of the application in accordance with ORS 540.520 (Application for change of use, place of use or point of diversion) (5).

(2) The commission shall allocate conserved water as provided in subsection (3) of this section and approve modifications of water rights as provided in subsection (6) of this section. The commission may not allocate conserved water pursuant to an application under ORS 537.465 (Application for allocation of conserved water) if the application is filed more than five years after the conservation measure was implemented.

(3) After determining the quantity of conserved water, if any, required to mitigate the effects on other water rights, the commission shall allocate 25 percent of the remaining conserved water to the state and 75 percent to the applicant, unless the applicant proposes a higher allocation to the state or more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources. If more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources and is not subject to repayment, the commission shall allocate to the state a percentage equal to the percentage of public funds used to finance the conservation measures and allocate to the applicant a percentage equal to the percentage of other funds used to finance the conservation measures. If the commission determines that the water allocated to the state is necessary to support in-stream flow purposes in accordance with ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits) , the water shall be converted to an in-stream water right. If the water allocated to the state is not necessary to support in-stream flow purposes, it shall revert to the public for appropriation by the next user in priority. In no event, however, shall the applicant receive less than 25 percent of the remaining conserved water unless the applicant proposes a higher allocation to the state.

(4) The commission shall notify the applicant and any other person requesting notice, of the action the commission intends to take under subsection (3) of this section. Any person objecting to the proposed allocation may file a protest requesting a contested case hearing before the commission.

(5) The modification of water rights under an allocation of conserved water may not require a separate request for transfer under ORS 540.520 (Application for change of use, place of use or point of diversion) .

(6) After the commission completes the allocation of conserved water under subsection (3) of this section, the commission shall issue orders for proposed new certificates covering the changes in the original water rights. Once the conservation project is completed, separate new certificates preserving the previously established priority of rights shall be issued to cover the unaffected portion of the water rights and separate new certificates indicating the priority of rights as set forth in ORS 537.485 (Priority of right to use conserved water) shall be issued to cover the right to the use of the allocated water. [1987 c.264 §4; 1989 c.62 §1; 1993 c.641 §4; 1995 c.274 §13; 1999 c.664 §7; 2003 c.93 §4]

Note: See note under 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) .

Source: Section 537.470 — Allocation of conserved water by commission; criteria; percentage to state; certificates showing change in original water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.690 — OR Code / Title 45 / Chapter 537 / Section 537.690
537.690 Filing evidence, findings and determinations
Status: in_force

The evidence relied upon by the Water Resources Director in the entry of the findings of fact and order of determination under ORS 537.685 (Findings of fact and order of determination) , together with a copy of such findings and order, shall be certified to by the director and filed with the clerk of the circuit court wherein the determination is to be heard, which shall be the circuit court of any county in which the ground water reservoir or any part thereof is located. A certified copy of the findings of fact and the order of determination shall also be filed with the county clerk of every other county in which the ground water reservoir or any part thereof is located. Thereafter, proceedings shall be had as nearly as possible in the same manner as provided in ORS 539.130 (Findings of fact and determination of director) (2), (3) and (4), 539.150 (Court proceedings to review determination of director) , 539.160 (Transmittal of copy of decree to department) , 539.170 (Division of water pending hearing) , 539.180 (Bond or irrevocable letter of credit to stay operation of director’s determination) , 539.190 (Rehearing by circuit court) and 539.210 (Duty of claimants to appear and submit proof) for the final adjudication of the relative rights of the various claimants to the waters of any surface stream. [1955 c.708 §19]

Source: Section 537.690 — Filing evidence, findings and determinations; court proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.669 — OR Code / Title 45 / Chapter 541 / Section 541.669
541.669 Scoring and ranking of projects
Status: in_force

(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 (Target outcomes for scoring and ranking criteria) . The criteria shall be based on the public benefit categories described in ORS 541.673 (Evaluation for public benefits of project) . The commission shall make the loan and grant funding decisions at least twice each year. Applications must be filed with the Water Resources Department. The department shall accept an application for a loan or grant at any time, but shall establish a separate deadline for the filing of applications before each time the commission makes loan and grant funding decisions.

(2) The department shall conduct a preliminary review of applications to check for completeness, eligibility and minimum requirements upon receipt of each application. The department shall return incomplete applications to the applicant. The department shall provide public notice by posting new funding applications on the department’s website for a 60-day period prior to reviewing the applications. The department shall provide for the receipt of public comment on the applications during the 60-day period that applications are posted on the department’s website.

(3) The department shall forward applications that have passed preliminary review, along with any comments received from applicants or the public, to a technical review team consisting of representatives of the Water Resources Department, the Department of Environmental Quality, the State Department of Fish and Wildlife, the State Department of Agriculture, the Oregon Business Development Department, affected Indian tribes, any collaborative body established by the Governor to address challenges, opportunities and priorities for the region affected by the project and additional experts as determined by the Water Resources Department. The technical review team shall conduct the initial scoring and ranking for the projects described in the applications, consider comments from applicants and the public and make loan and grant funding recommendations to the commission. The commission shall determine the final scoring and ranking of projects and make the final decision regarding which projects are awarded loans or grants from the account. Before the commission makes a final decision on an application, the commission shall offer one additional opportunity for public comment.

(4) The commission is not required to obligate all available account moneys during a funding cycle. Any available account moneys that are not obligated during a funding cycle shall be carried forward and be made available for projects in future funding cycles.

(5) The department shall document the ranking of all applications and make the application ranking publicly available after the funding decisions by the commission have been published. [2013 c.784 §7; 2023 c.606 §27]

Note: See note under 541.651 (Definitions for ORS 541.651 to 541.696) .

Source: Section 541.669 — Scoring and ranking of projects; funding decisions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.399 — OR Code / Title 45 / Chapter 545 / Section 545.399
545.399 Contract with United States
Status: in_force

When an irrigation district has entered into any contract with any governmental agency of the United States for a loan under ORS 548.305 (Contracts for federal loans) to 548.325 (Charges or assessments) , the board of directors of the district may levy annually assessments upon the lands in the district or bill the water users directly for the purpose of carrying out and complying with the terms and provisions of the contract. [Formerly 545.382]

Source: Section 545.399 — Contract with United States; annual assessments or direct billings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.560 — OR Code / Title 45 / Chapter 553 / Section 553.560
553.560 Foreclosure of assessment
Status: in_force

(1) After the date fixed as the time when an assessment shall become due, the board, by resolution, shall direct that all delinquent assessments then unpaid, whether for operation and maintenance, improvement, construction, or other purposes, shall be foreclosed by the district. Such foreclosure shall follow the general procedures of a suit in equity and shall be filed in the circuit court of the county in which the land to be foreclosed is situated. If land in two or more counties is to be foreclosed, separate proceedings shall be commenced in each county as to the lands therein. The district may recover in such suit the costs and disbursements and other expenses of foreclosure. Any number of tracts of lands, whether they are delinquent for the same or any number of assessments or for the same or several years, may be foreclosed in the same suit. The court may award reasonable attorney fees to the district if the district prevails in a foreclosure action under this section. The court may award reasonable attorney fees to a defendant who prevails in a foreclosure action under this section if the court determines that the district had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(2) The judgment in such suit shall order the sale of such property and fix the time for holding the sale, which shall be not more than four weeks from the date of the judgment, and shall order the sheriff of the county to hold the same as other foreclosure sales, upon giving notice thereof for two consecutive weeks prior to the day of sale, by publication of notice once each week in a newspaper published in the county in which the land to be sold is situated and by posting notices in three public and conspicuous places in the county at least two weeks prior to the day of sale.

(3) The district may be a bidder and purchaser of property upon such sale. Upon such sale the sheriff immediately shall issue a deed to the property sold, and no right of redemption shall exist. [Amended by 1981 c.897 §64; 1995 c.696 §30; 2003 c.576 §520]

Source: Section 553.560 — Foreclosure of assessment; procedure; district may bid and purchase; deed; right of redemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 538.290 — OR Code / Title 45 / Chapter 538 / Section 538.290
538.290 McNulty Creek
Status: in_force

ORS 538.280 (McNulty Creek) shall not affect any existing rights to the waters of McNulty Creek that have been acquired or are in the process of being acquired under the water laws of this state. [Amended by 1955 c.82 §2]

Source: Section 538.290 — McNulty Creek; existing rights not affected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 538.210 — OR Code / Title 45 / Chapter 538 / Section 538.210
538.210 Condemnation of lands for park not prevented
Status: in_force

ORS 538.200 (Streams forming waterfalls near Columbia River Highway) shall not prevent the condemnation for public park purposes of any lands through which any of the streams flow; nor affect vested rights or the rights of riparian proprietors of such lands in or to the waters of the creeks or streams; nor prevent the condemnation of any lands through which any of the streams flow, for the purpose of establishing, maintaining and operating thereon salmon fish culture work, nor prevent the State Fish and Wildlife Commission from appropriating any waters for fish culture work; nor prevent the appropriation, for irrigation purposes, of waters between the Union Pacific Railroad tracks and the Columbia River that flow from any of the streams other than Herman Creek; provided, that no waters shall be taken from above the falls in the streams mentioned in ORS 538.200 (Streams forming waterfalls near Columbia River Highway) . [Amended by 1978 s.s. c.2 §1]

Source: Section 538.210 — Condemnation of lands for park not prevented; vested and riparian rights not affected; condemnation of lands or appropriation of waters for fish culture not prevented , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 552.320 — OR Code / Title 45 / Chapter 552 / Section 552.320
552.320 Operation of water works and sale of water
Status: in_force

A water improvement district may:

(1) Acquire, construct, reconstruct, equip, own, maintain, operate, sell, lease and dispose of domestic, industrial and municipal water works or systems and property and all appurtenances incident thereto.

(2) Furnish water for domestic, industrial and municipal uses to premises and inhabitants within the district, and in connection therewith, may supply, furnish and sell any surplus water storage or carrying capacity over and above the domestic, industrial and municipal needs of its inhabitants to persons or public bodies as defined in ORS 174.109 (“Public body” defined) , either within or without the district. However:

(a) A district shall not sell, offer to sell, lease or deliver water within a city that is receiving water for any purpose from a public utility as defined by ORS 757.005 (Definition of public utility) ; and

(b) The power to furnish water for domestic, industrial and municipal uses under this section shall not be exercised in such a manner as to impair the service of the district in furnishing water for its inhabitants. [1969 c.606 §21; 2003 c.802 §137]

Source: Section 552.320 — Operation of water works and sale of water; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 542.630 — OR Code / Title 45 / Chapter 542 / Section 542.630
542.630 Water Resources Director to represent state in administering the Klamath River Basin Compact
Status: in_force

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 (Klamath River Basin Compact) . The director shall receive no additional compensation for services as such representative, but, subject to any other applicable law regulating mileage and traveling and other expenses for state officers, shall receive actual and necessary traveling and other expenses incurred in the performance of official functions as such representative, to be paid in the same manner and out of the same moneys as other similar expenses of the director are paid. [1957 c.142 §3]

Source: Section 542.630 — Water Resources Director to represent state in administering the Klamath River Basin Compact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 537.139 — OR Code / Title 45 / Chapter 537 / Section 537.139
537.139 Failure to obtain authorization for access to certain land
Status: in_force

(1) The failure of an applicant to obtain written authorization, obtain an easement or acquire ownership of land if required as a condition to issuance of a permit under ORS 537.211 (Issuance of permit if application approved) (2) shall be a ground for refusal to issue a permit.

(2) If an applicant makes a statement under ORS 537.140 (Application for permit) (1)(a)(E) that falsely states that the applicant owns all lands crossed by a proposed ditch, canal or other work or that the applicant has obtained written authorization or an easement permitting access across such lands, any permit issued in response to the application shall be subject to cancellation.

(3) Nothing in ORS 537.130 (Permit to appropriate water required) , 537.133 (Permittee’s right to enter on forestland) , 537.139 (Failure to obtain authorization for access to certain land) , 537.140 (Application for permit) , 537.250 (Water right certificate) , 772.305 (Condemnation of right of way for drainage or irrigation) and 772.310 (Right to enlarge existing irrigation system) requires the Water Resources Department to mediate or arbitrate a dispute between a permittee and a landowner with respect to the provisions of ORS 537.130 (Permit to appropriate water required) , 537.133 (Permittee’s right to enter on forestland) , 537.139 (Failure to obtain authorization for access to certain land) , 537.140 (Application for permit) , 537.250 (Water right certificate) , 772.305 (Condemnation of right of way for drainage or irrigation) and 772.310 (Right to enlarge existing irrigation system) . [1989 c.509 §8; 1995 c.365 §2; 1995 c.416 §4]

Note: 537.139 (Failure to obtain authorization for access to certain land) was added to and made a part of 537.110 (Public ownership of waters) to 537.330 (Disclosure required in real estate transaction involving water right) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.139 — Failure to obtain authorization for access to certain land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 549.190 — OR Code / Title 45 / Chapter 549 / Section 549.190
549.190 Other rights protected
Status: in_force

ORS 549.110 (Application to county court for authority to build drainage ditch or levee, or to widen or straighten a stream) to 549.180 (Bringing additional water into ditch without payment of compensation prohibited) shall not be construed so as to interfere with the rights of companies or individuals for mining, manufacturing, or watering towns or cities.

Source: Section 549.190 — Other rights protected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 545.385 — OR Code / Title 45 / Chapter 545 / Section 545.385
545.385 Certain lands may be assessed at different amounts
Status: in_force

(1) Notwithstanding ORS 545.381 (Annual assessments) or 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) , an irrigation district that assesses land in the district under ORS 545.381 (Annual assessments) or 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) may assess any land within the district to which the district furnishes or supplies water for irrigation purposes and which:

(a) Lies above the level of the canals or ditches of the district and is irrigated by pumping by the landowner;

(b) Is irrigated by a partial, supplemental or intermittent supply of water from the district;

(c) Is irrigated by impounded water of the district; or

(d) Is irrigated by water of the district which is subject to prior use by other lands within the district.

(2) The amount of the assessment on land described in subsection (1) of this section shall be an amount that the board determines to be just, taking into consideration the benefit to the land assessed and extra expenses, if any, of the landowner or holder in using such water. However, the amount may not exceed the amount assessed against irrigable acres lying below the level of the canals or ditches of the district.

(3) Notwithstanding ORS 545.381 (Annual assessments) or 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) , an irrigation district which assesses land in the district under ORS 545.381 (Annual assessments) or 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) may assess a service charge, in addition to the regular assessment, against subdivided and small tract lands that have appurtenant water rights and to which irrigation water is furnished or is available for delivery. A service charge authorized by this section shall be assessed against lands only when delivery of water to these lands requires operation, construction and maintenance costs substantially greater than operation, construction and maintenance costs involved in delivering water to the majority of other lands in the district. All such small tract or subdivided lands shall be placed in groupings rounded up to the next whole acre, and each grouping shall be assessed as a single class. [Formerly 545.433]

Source: Section 545.385 — Certain lands may be assessed at different amounts; additional service charge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.230 — OR Code / Title 45 / Chapter 537 / Section 537.230
537.230 Time allowed for construction of irrigation or other work
Status: in_force

(1) As used in this section, “undeveloped portion” means the difference between the maximum rate or duty specified in a water right permit and the maximum rate or duty diverted as of the later of:

(a) June 29, 2005;

(b) The time specified in the permit to perfect the water right; or

(c) The time specified in the last-approved extension of time to perfect the water right.

(2) Except for a holder of a permit for municipal use, the holder of a water right permit shall prosecute the construction of any proposed irrigation or other work with reasonable diligence and complete the construction within a reasonable time, as fixed in the permit by the Water Resources Department, not to exceed five years from the date of approval.

(3) The holder of a permit for municipal use shall commence and complete the construction of any proposed works within 20 years from the date on which a permit for municipal use is issued under ORS 537.211 (Issuance of permit if application approved) . The construction must proceed with reasonable diligence and be completed within the time specified in the permit, not to exceed 20 years. However, the department may order and allow an extension of time to complete construction or to perfect a water right beyond the time specified in the permit under the following conditions:

(a) The holder shows good cause. In determining the extension, the department shall give due weight to the considerations described under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) (5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right;

(b) The extension of time is conditioned to require that the holder submit, and obtain department approval of, a water management and conservation plan;

(c) The extension of time is conditioned to provide that the holder may divert the undeveloped portion of the permit only upon approval by the department of the water management and conservation plan; and

(d) For the first extension issued after June 29, 2005, for a permit for municipal use issued before November 2, 1998, the department finds that the undeveloped portion of the permit is conditioned to maintain, in the portions of waterways affected by water use under the permit, the persistence of fish species listed as sensitive, threatened or endangered under state or federal law. The department shall base its finding on existing data and upon the advice of the State Department of Fish and Wildlife. An existing fish protection agreement between the permit holder and a state or federal agency that includes conditions to maintain the persistence of any listed fish species in the affected portion of the waterway is conclusive for purposes of the finding.

(4) Except as provided in ORS 537.240 (Federal permit) and 537.248 (Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right) and subsection (3) of this section, the Water Resources Department, for good cause shown, shall order and allow an extension of time, including an extension beyond the five-year limit established in subsection (2) of this section within which irrigation or other works shall be completed or the right perfected. In determining the extension, the department shall give due weight to the considerations described under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) (5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right.

(5) Except as provided in subsection (6) of this section and ORS 537.409 (Alternate permit application process for qualifying reservoirs) , upon completion of beneficial use as required under this section, the holder of a permit shall hire a water right examiner certified under ORS 537.798 (Water right examiner certificate) to survey the appropriation. Within one year after application of water to a beneficial use or the beneficial use date allowed in the permit, the holder shall submit a map of the survey as required by the Water Resources Department, that shall accompany the request for a water right certificate submitted to the department under ORS 537.250 (Water right certificate) . If any property described in the permit is not included in the request for a water right certificate, the holder shall state the identity of the record owner of that property.

(6) The Water Resources Director may waive the requirement under subsection (5) of this section that a holder of a permit hire a water right examiner certified under ORS 537.798 (Water right examiner certificate) if:

(a) The permit is a supplemental water right that shares the same distribution system and same place of use as the primary water right; and

(b) The department determines that there is sufficient information in the records of the department to determine proof of beneficial use.

(7) Notwithstanding ORS 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) , for purposes of obtaining a water right certificate under ORS 537.250 (Water right certificate) for a supplemental water right, the holder of a permit shall have a facility capable of handling the full rate and duty of water requested from the supplemental source and be otherwise ready, willing and able to use the amount of water requested, up to the amount of water approved in the water right permit. To obtain a certificate for a supplemental water right, the holder is not required to have actually used water from the supplemental source if:

(a) Water was available from the source of the primary water right and the primary water right was used pursuant to the terms of the primary water right; or

(b) The nonuse of water from the supplemental source occurred during a period of time within which the exercise of the supplemental water right permit was not necessary due to climatic conditions. [Amended by 1985 c.617 §1; 1985 c.673 §201; 1987 c.542 §4; 1995 c.367 §2; 1995 c.416 §35; 1995 c.473 §5; 1997 c.446 §4; 1997 c.502 §1; 1997 c.557 §1; 1999 c.453 §1; 1999 c.665 §2; 2005 c.410 §1; 2017 c.704 §1]

Source: Section 537.230 — Time allowed for construction of irrigation or other work; extension; survey; map; requirements for supplemental water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.295 — OR Code / Title 45 / Chapter 536 / Section 536.295
536.295 Conditions for consideration of application for use not classified in basin program
Status: in_force

(1) Notwithstanding any provision of ORS 536.300 (Formulation of state water resources program) or 536.340 (Classification of water as to highest and best use and quantity of use) , 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 during each year;

(b) Will be for a continuous period of no longer than five years;

(c) Is largely nonconsumptive in nature and not likely to be regulated for other water rights;

(d) Is necessary to ensure public health, welfare and safety;

(e) Is necessary to avoid extreme hardship;

(f) Will provide a public benefit such as riparian or watershed improvement; or

(g) Is of an unusual nature not likely to recur in the basin, and unlikely to have been within the uses considered by the commission in classifying the uses presently allowed in the applicable basin program including but not limited to:

(A) Exploratory thermal drilling;

(B) Heat exchange;

(C) Maintaining water levels in a sewage lagoon; or

(D) Facilitating the watering of livestock away from a river or stream.

(2) A permit granted on or before January 1, 1993, for a quasi-municipal use of water shall be considered a permit for a classified use under ORS 536.340 (Classification of water as to highest and best use and quantity of use) if at the time the application was submitted or the permit was granted, the basin program identified municipal use as a classified use.

(3) The commission by rule may determine the specific uses permitted within a classified use.

(4) In making the determination under subsection (1) of this section, the commission shall evaluate whether the proposed use is consistent with the general policies established in the applicable basin program.

(5) The Water Resources Department shall process and evaluate an application allowed by the commission under subsections (1) to (4) of this section in the same manner as any other water right application, including determining whether the proposed use would result in injury to an existing water right. [1989 c.9 §1; 1993 c.591 §1; 1999 c.703 §1]

Source: Section 536.295 — Conditions for consideration of application for use not classified in basin program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 541.785 — OR Code / Title 45 / Chapter 541 / Section 541.785
541.785 Disposition and use of bond proceeds
Status: in_force

Except for the proceeds of refunding bonds, all moneys obtained from the sale of bonds under ORS 541.780 (Bonds to provide project financing) to 541.815 (Limitation on bond issuance amount) shall be credited by the State Treasurer to the Water Development Fund. Such moneys shall be used only for the purposes stated in Article XI-I (1), Oregon Constitution, and ORS 541.700 (Definitions for ORS 541.700 to 541.855) , 541.705 (Project applications) to 541.770 (Federal project loan contract terms) and 541.835 (Water Development Fund) . If there are insufficient funds in the Water Development Administration and Bond Sinking Fund to make the payments set forth in ORS 541.830 (Water Development Administration and Bond Sinking Fund) , moneys in the Water Development Fund may be transferred to the Water Development Administration and Bond Sinking Fund. Pending the use of moneys in the Water Development Fund for the proper purposes, such moneys may be invested in the manner provided by law. [1977 c.246 §20; 1981 c.660 §46; 1989 c.950 §4; 2009 c.907 §§11,39]

Source: Section 541.785 — Disposition and use of bond proceeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 543a.045 — OR Code / Title 45 / Chapter 543a / Section 543a.045
543A.045 Public scoping meeting
Status: in_force

(1) If the Hydroelectric Application Review Team finds additional information is necessary to complete the reauthorization process, the applicant, in conjunction with the team, shall convene a public scoping meeting.

(2) The applicant shall be responsible for conducting the public scoping meeting. The team, federal agencies, federally recognized Indian tribes and members of the public shall be invited to participate. The purpose of the public scoping meeting shall be to allow an opportunity for the participants to review the information available and to:

(a) Discuss a proposed schedule for completion of the reauthorization process;

(b) Discuss studies and additional information that may be needed; and

(c) Identify other resources and other health and safety issues of the state that must be considered in the reauthorization process.

(3) At the public scoping meeting, the team shall:

(a) Explain to the public the process for reauthorizing the state project; and

(b) Identify to the public the members of the team.

(4) Within 90 days after the public scoping meeting, the team shall publish notice of the availability of the plan for completing the review process, including a time schedule. The plan shall be developed by the Water Resources Department in consultation with the applicant. [1997 c.449 §9]

Source: Section 543A.045 — Public scoping meeting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 545.519 — OR Code / Title 45 / Chapter 545 / Section 545.519
545.519 Issuance of bonds
Status: in_force

(1) Bonds shall be issued in accordance with ORS chapter 287A.

(2) Nothing in this section shall inhibit the district from providing for the irrigation or drainage in units or portions of units from time to time.

(3) The board by resolution entered on its records may cancel any bonds of the district that have not been sold or deposited as security for funds advanced or to be advanced, and that this state, the United States or any other person has no claim to or equity in. After the cancellation, the bonds shall not be sold or otherwise disposed of. After cancellation, the bonds shall be invalid and of no effect. The board may not replace bonds canceled under this subsection without authorization of the electors. [Formerly 545.202; 2007 c.783 §217]

Source: Section 545.519 — Issuance of bonds; cancellation of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 550.220 — OR Code / Title 45 / Chapter 550 / Section 550.220
550.220 Stakeholder advisory committees
Status: in_force

The board of directors may appoint stakeholder advisory committees to:

(1) Advise the board of directors on aspects of the operation of the district;

(2) Assist with community outreach and citizen participation; and

(3) Advise on such other matters as the board of directors deems necessary or beneficial to the district. [2019 c.621 §8; 2022 c.16 §8]

Source: Section 550.220 — Stakeholder advisory committees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 547.410 — OR Code / Title 45 / Chapter 547 / Section 547.410
547.410 Maintaining improvements
Status: in_force

(1) Whenever the engineer or secretary of such a drainage district notifies the supervisors that any ditch, lateral, drain, canal, slough, waterway or conduit is less efficient, by reason of the failure of the owner of the premises upon which it is situated to repair, clean or grade the same, the board of supervisors shall serve or cause to be served upon such owner, if the owner is known and residing within the county in which the district is situate, or if not a resident of the county, then upon the occupant of the premises, a notice in writing notifying the owner or occupant of the clogged or obstructed condition of the ditch, lateral, drain, canal, slough, waterway or conduit.

(2) The notice shall be served by delivering to the owner, occupant or person in charge of the premises a copy thereof certified to be such by the person serving it, or if there is no occupant or the owner is not a resident of the county, then the notice shall be served by posting a copy of it in a conspicuous place upon the premises. Immediately after serving or posting the notice, the person serving it, by authority of the board of supervisors, shall file the original notice with the county clerk of the county in which service is made, together with a return on the notice stating the time and manner of making service. The notice and return, when so filed, shall be retained as a public record of the county.

Source: Section 547.410 — Maintaining improvements; notice to owner or occupant of premises , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 558.010 — OR Code / Title 45 / Chapter 558 / Section 558.010
558.010 Definitions for ORS 558.010 to 558.140
Status: in_force

As used in ORS 558.010 (Definitions for ORS 558.010 to 558.140) to 558.140 (Appropriation for administration and enforcement) :

(1) “Department” means the State Department of Agriculture.

(2) “Person” includes any public or private corporation. [1953 c.654 §1; 1955 c.61 §4]

Source: Section 558.010 — Definitions for ORS 558.010 to 558.140 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 541.535 — OR Code / Title 45 / Chapter 541 / Section 541.535
541.535 Installation of automatic stream level recording devices
Status: in_force

An order of the Water Resources Commission under ORS 541.520 (Procedure when owner or operator of structure fails to request hearing) or 541.530 (Order of commission regulating release of water) 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]

Source: Section 541.535 — Installation of automatic stream level recording devices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.180 — OR Code / Title 45 / Chapter 554 / Section 554.180
554.180 Landowners’ notice
Status: in_force

(1) If the owners of all the land desire to enter into such covenant with respect to matters hereinafter provided they shall make, subscribe and acknowledge before some person authorized to take acknowledgment of deeds, a notice to whom it may concern, which notice shall contain:

(a) A description of the land with the same particularity as is provided for in the articles of incorporation.

(b) A statement that the owners of the described land have incorporated themselves under the corporate name of (stating such name), and that the land will be improved as described in the articles of incorporation of record in the Office of the Secretary of State and in the office where deeds and other instruments affecting the title to real property are recorded in the county where the land is situated.

(c) A statement either that the land shall be subject to any indebtedness incurred by the corporation, or that the land shall be subject to the lien of any assessments thereon by the corporation for its works and the improvement of the land as described in the articles of incorporation under the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) .

(2) If all the landowners desire, they may therein further limit, restrict and provide with respect to said matters and the conduct of the corporation with regard to the described land by mutually determining and stating therein any or all of the following:

(a) Whether all the land is uniformly and in like amount per acre or per parcel thereof benefited by the improvements; and if not so benefited they may by agreement determine and apportion the relative amount of benefits per acre or per parcel between the several parcels and portions describing the same with the same particularity as is provided for the articles of incorporation.

(b) The whole amount of benefit per acre or per parcel which will accrue from the works and improvement proposed in the articles of incorporation. If the lands are not uniformly benefited they may determine and appraise the benefits as to the several parcels and portions of all of the land and in that case particularly describe the same and state the amount of benefits accruing to the respective portions and parcels thereof per acre or per parcel in dollars, which shall in such case be the maximum amount per acre or per parcel as a lien thereon for any purpose of the corporation other than for operation and maintenance.

(c) The whole amount in dollars of annual benefits which will accrue per acre or per parcel from the works and improvement described in the articles of incorporation. If it has been determined that all the land is not so uniformly and equally benefited they shall in such case determine and state the amount in dollars of the annual benefit per acre or per parcel of the several parcels and portions of all the land particularly describing the same, which amount of annual benefits so determined shall be the maximum amount of assessments by the corporation per acre or per parcel made and apportioned according to such determination as a lien upon the land payable per annum inclusive of the operation and maintenance assessments, and the assessment of any land in any year in excess of these annual benefits is to the extent of such excess void. [Amended by 1987 c.94 §149; 1995 c.233 §5]

Source: Section 554.180 — Landowners’ notice; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 545.607 — OR Code / Title 45 / Chapter 545 / Section 545.607
545.607 Retirement of bonds before maturity
Status: in_force

(1) Notwithstanding ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) , the board of directors of an irrigation district may call for payment and retire before maturity any bonds issued in accordance with ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) . If sufficient funds are available for the purpose in the special bond fund, the board may direct the treasurer to pay that amount of bonds not due as the money in the fund will redeem at the lowest value at which they may be offered for liquidation, or the board may call bonds for par. The par value of all amortization bonds shall be considered to be the present worth of the unpaid installments on the bonds, discounted to the date they are called at the rate of seven percent per annum. Payment may be made at the office of the county treasurer of the principal county, as defined in ORS 198.705 (Definitions for ORS 198.705 to 198.955) .

(2) Notice of intention to call in any bonds shall be given by the board of directors by publication in a newspaper published and regularly circulated in the county in which the district lands are situated, at least once each week for four successive weeks beginning not less than 90 days prior to any interest payment period. The notice shall state the number and amount of bonds to be retired, the price to be paid, the date when payment is to be made and the place where the bonds are to be paid.

(3) The bonds so called shall be retired in numerical order and not otherwise. A bond shall not be retired under this section except on a day when interest is payable under the terms of the bond and on and after the date given in the published notice. The interest on bonds described in the notice shall cease after the date named in the published notice, and the notice is published as provided by subsection (2) of this section. [Formerly 545.270]

Source: Section 545.607 — Retirement of bonds before maturity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.355 — OR Code / Title 45 / Chapter 545 / Section 545.355
545.355 Proceedings on extension or cancellation of payments due federal government
Status: in_force

When an irrigation district under contract with the United States has levied any assessment for collection of money payable to the United States under the contract, if the Secretary of the Interior has, by agreement with the board of directors of the district, authorized the extension or cancellation of any payments due the United States by the cancellation of assessments already levied but remaining unpaid, the board of directors shall certify to the tax collector of the county in which the land is located a statement of the year and amounts assessed against each tract for which cancellation has been authorized. The tax collector upon receipt of the certificates shall, if the assessment remains unpaid, indorse upon the district’s assessment roll, “Corrected under certificate of board of directors,” and deduct and cancel from the assessment against each tract the amount of the assessment authorized to be canceled. [Formerly 545.176; 1997 c.170 §51]

Source: Section 545.355 — Proceedings on extension or cancellation of payments due federal government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.700 — OR Code / Title 45 / Chapter 541 / Section 541.700
541.700 Definitions for ORS 541.700 to 541.855
Status: in_force

As used in ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) , unless the context requires otherwise:

(1) “Commission” means the Water Resources Commission appointed under ORS 536.022 (Water Resources Commission) .

(2) “Construction” means the construction, or improvement or rehabilitation, in whole or in part, of a water development project, including planning and engineering work, purchasing or refinancing directly related to such construction or improvement or rehabilitation, or any combination of such construction or improvement or rehabilitation. As used in this subsection:

(a) “Purchasing” means the purchasing of materials, land or existing facilities necessary to complete a water development project.

(b) “Refinancing” includes refinancing existing debt of a water developer, as defined in subsection (7)(f) to (m) and (o) of this section, in order to complete a water development project or to provide adequate security for a water development loan, but does not include refinancing existing debt only to reduce interest rates or costs to the borrower or to pay off existing debt.

(3) “Director” means the Water Resources Director appointed pursuant to ORS 536.032 (Water Resources Director) .

(4) “Federal water development project” means any water development project that receives funding from the federal government, or any agency or instrumentality of the United States.

(5) Intentionally left blank —Ed.

(a) “Secondary use” means:

(A) Any water-related recreational use.

(B) Any flood control use.

(C) Any power generation use.

(D) Any water supply system utilized as a domestic water system for the benefit of an individual residence related to the operation of the water development project.

(b) “Secondary use” does not include any use that is incompatible with a water development project.

(6) “Water development project” means:

(a) An undertaking, in whole or in part, in this state for the purpose of irrigation, including structures for the application of water for agricultural harvest activities, dams, storage reservoirs, wells or well systems, pumping plants, pipelines, canals, ditches, revetments, water supply systems used for the purpose of agricultural temperature control and any other structure, facility and property necessary or convenient for supplying lands with water for irrigation purposes.

(b) An undertaking, in whole or in part, in this state for the purpose of drainage, including ditching, tiling, piping, channel improvement, pumping plants or other agronomically approved methods of land drainage that will increase soil versatility and productivity.

(c) An undertaking, in whole or in part, in this state for the purpose of providing water for municipal use, which may include safe drinking water for communities with population less than 30,000, including dams, storage reservoirs, wells or well systems, pumping plants, treatment facilities, pipelines, canals, ditches, revetments and all other structures and facilities necessary or convenient for supplying water. An undertaking may provide water to two or more communities with a combined population of more than 30,000. An undertaking may be part of a project that provides water to a community with a population of more than 30,000, but loans of moneys from the Water Development Fund, including moneys in ORS 285B.563 (Water Fund) (11) may be made only to communities served by the project that have a population of less than 30,000.

(d) An undertaking, in whole or in part, in this state for the purpose of fish protection, including fish screening or by-pass devices, fishways and all other structures and facilities necessary or convenient for providing fish protection.

(e) An undertaking, in whole or in part, in this state for the purpose of enhancing watershed health or improving fish habitat, including methods and materials to restore, maintain and enhance the biological, chemical and physical integrity of the riparian zones and associated uplands of the state’s rivers, lakes and estuaries systems and recommended by the Oregon Watershed Enhancement Board established under ORS 541.900 (Oregon Watershed Enhancement Board) .

(f) Secondary uses in conjunction with projects described in paragraphs (a) to (e) of this subsection.

(7) “Water developer” means:

(a) Any individual resident of this state;

(b) Any partnership for profit subject to the provisions of ORS chapter 67 or 70, whose principal income is from farming in Oregon;

(c) Any corporation for profit subject to the provisions of ORS chapter 60, whose principal income is from farming in Oregon;

(d) Any nonprofit corporation subject to the provisions of ORS chapter 65, whose principal income is from farming in Oregon;

(e) Any cooperative subject to the provisions of ORS chapter 62, whose principal income is from farming in Oregon;

(f) Any irrigation district organized under or subject to ORS chapter 545;

(g) Any water improvement district organized under ORS chapter 552;

(h) Any water control district organized under ORS chapter 553;

(i) Any irrigation or drainage corporation organized under or subject to ORS chapter 554;

(j) Any drainage district organized under ORS chapter 547 or subject to all or part of ORS chapter 545;

(k) Any corporation, cooperative, company or other association formed prior to 1917 for the purpose of distributing water for irrigation purposes;

(L) Any port district organized under ORS 777.005 (Definitions for ORS 777.005 to 777.725 and 777.915 to 777.953) to 777.725 (Borrowing money to pay bonus) , 777.915 (Definitions for ORS 777.915 to 777.953) to 777.953 (Annexation) and 777.990 (Penalties) ;

(m) Any city or county;

(n) Any organization formed for the purpose of distributing water for community water supply; or

(o) Any local soil and water conservation district organized under ORS 568.210 (Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933) to 568.808 (Taxing district to file legal description and map) and 568.900 (Definitions for ORS 568.900 to 568.933) to 568.933 (Civil penalties) . [1977 c.246 §1; 1981 c.166 §1; 1981 c.592 §1; 1985 c.673 §184; 1985 c.677 §65; 1987 c.94 §103; 1987 c.636 §§1,5; 1989 c.1010 §177; 1991 c.944 §5; 1993 c.765 §89; 1995 c.42 §180; 1997 c.775 §90; 1999 c.212 §1; 1999 c.509 §46; 2009 c.907 §3; 2013 c.784 §32]

Source: Section 541.700 — Definitions for ORS 541.700 to 541.855 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.100 — OR Code / Title 45 / Chapter 554 / Section 554.100
554.100 Oath of office
Status: in_force

Each director shall, before entering upon official duties, take and subscribe to an oath before some officer authorized by law to administer oaths, that the director will honestly, faithfully and impartially perform the duties devolving upon the director in office as director, and that the director will not neglect any of the duties imposed upon the director by law.

Source: Section 554.100 — Oath of office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 552.433 — OR Code / Title 45 / Chapter 552 / Section 552.433
552.433 Chief engineer of district to superintend work
Status: in_force

If the district has a chief engineer, the chief engineer shall be superintendent of all the works and improvements and shall, whenever required, and at least once each year, make a full report to the district board of all work done and improvements. The chief engineer shall make such suggestions and recommendations to the board as the chief engineer considers proper. [1969 c.606 §38]

Source: Section 552.433 — Chief engineer of district to superintend work , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 545.575 — OR Code / Title 45 / Chapter 545 / Section 545.575
545.575 Order determining benefits
Status: in_force

(1) Upon completion of the hearing, the board of directors shall enter an order approving and adopting the determination of benefits resulting from the existing or proposed improvement, but excluding any benefits to accrue from the future operation and maintenance of the improvement. The order shall also fix the proposed assessments, the amount of assessments against each legal subdivision or other tract of land, and the total amount of benefits accruing to each legal subdivision or other tract held in separate ownership from the existing or proposed improvement.

(2) The order issued under subsection (1) of this section shall describe:

(a) The lands assessed;

(b) The name of the record owner of the lands assessed;

(c) The total amount of assessment, which shall be the proper pro rata share of the lands based upon the total proposed assessment;

(d) The installments in which the assessment may be paid;

(e) The rate of interest the assessment shall bear;

(f) The amount of the total benefit which will accrue to each legal subdivision or other described tract if held in separate ownership;

(g) The amount of benefit surplus; and

(h) Any other matters that are pertinent, necessary or considered expedient by the board of directors.

(3) As used in subsection (2) of this section, “benefit surplus” means the excess of the benefits accruing to each legal subdivision or other described tract, over and above the assessment against each.

(4) An error in the name of the owner of record described in an order entered under subsection (1) of this section shall not affect the validity of an assessment. [Formerly 545.252]

Source: Section 545.575 — Order determining benefits; order of assessment; “benefit surplus” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 555.060 — OR Code / Title 45 / Chapter 555 / Section 555.060
555.060 Deposit by applicant
Status: in_force

A deposit shall accompany each application in a sum not less than 10 cents per acre up to 1,000 acres, and two cents per acre for each acre over that amount, which sum shall be deposited with the Water Resources Commission and held in trust as a guarantee of good faith on the part of the applicant, to whom it shall be returned at the time of execution of a contract between the state and the applicant. In case the person making the application shall, upon segregation by the Secretary of the Interior of any or all of the lands mentioned therein, refuse to enter into a contract with the state, the deposit shall be forfeited to the state and credited to the Oregon Irrigation Fund.

Source: Section 555.060 — Deposit by applicant; disposition of money , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.910 — OR Code / Title 45 / Chapter 541 / Section 541.910
541.910 Voluntary local watershed councils
Status: in_force

(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. Requests from local watershed councils for state assistance shall be evaluated on the basis of whether the requesting organization reflects the interests of the affected watershed and the potential to protect and enhance the quality of the watershed in question.

(2) Local watershed councils formed under subsection (1) of this section shall consist of a majority of local residents, including local officials. A watershed council may be a new or existing organization as long as the council represents a balance of interested and affected persons within the watershed and assures a high level of citizen involvement in the development and implementation of a watershed action program. A local watershed council may include representatives of local government, representatives of nongovernment organizations and private citizens, including but not limited to:

(a) Representatives of local and regional boards, commissions, districts and agencies;

(b) Representatives of federally recognized Indian tribes;

(c) Public interest group representatives;

(d) Private landowners;

(e) Industry representatives;

(f) Members of academic, scientific and professional communities; and

(g) Representatives of state and federal agencies.

(3) Each watershed council shall periodically report the activities of the council to the county governing body. [Formerly 541.388; 2017 c.14 §4]

Note: See note under 541.890 (Definitions for ORS 541.890 to 541.969) .

Source: Section 541.910 — Voluntary local watershed councils , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 542.520 — OR Code / Title 45 / Chapter 542 / Section 542.520
542.520 Oregon-California Goose Lake Interstate Compact
Status: in_force

The provisions of the Oregon-California Goose Lake Interstate Compact are as follows:

The major purposes of this compact are:

A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control of the water resources of Goose Lake Basin.

B. To further intergovernmental cooperation and comity and to remove the causes of present and future controversies by (1) providing for continued development of the water resources of Goose Lake Basin by the States of California and Oregon, and (2) prohibiting the export of water from Goose Lake Basin without consent of the legislatures of California and Oregon.

As used in this compact:

A. “Goose Lake Basin” shall mean the drainage area of Goose Lake within the States of California and Oregon and all closed basins included in the Goose Lake drainage basin as delineated on the official map of the Goose Lake Basin which is attached to and made a part of this compact.

B. “Person” shall mean the States of Oregon and California, any individual and any other entity, public or private.

C. “Water,” “waters” or “water resources” shall mean any water appearing on the surface of the ground in streams, lakes, or otherwise, and any water beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of Goose Lake Basin.

A. There are hereby recognized vested rights to the use of waters originating in Goose Lake Basin existing as of the effective date of this compact and established under the laws of California and Oregon.

B. Except as provided in this Article, this compact shall not be construed as affecting or interfering with appropriation under the laws of California and Oregon of unappropriated waters of Goose Lake Basin for use within the basin.

C. Export of water from Goose Lake Basin for use outside the basin without prior consent of both state legislatures is prohibited.

D. Each state hereby grants the right for a person to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Goose Lake Basin in one state for use within the basin in the other state, providing the right to such use is secured by appropriation under the general laws administered by the Water Resources Director of the State of Oregon or the Water Rights Board of California and the laws of the state from which the water is to be taken shall control.

E. Should any facilities be constructed in one state to implement use of water in the other state, the construction, operation, repairs and replacement of such facilities shall be subject to the laws of the state in which the facilities are constructed.

No commission or administrative body is necessary to administer this compact.

This compact may be terminated at any time by consent of the legislatures of California and Oregon and upon such termination all rights then established hereunder shall continue unimpaired.

Nothing in this compact shall be construed to limit, or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction thereof for the protection of any right under this compact or the enforcement of any of its provisions.

A. This compact shall become operative when ratified by the legislatures of California and Oregon and consented to by the Congress of the United States.

B. This compact shall remain in full force and effect until amended in the same manner as is required for it to be ratified to become operative or until terminated.

C. A copy of any proposed amendments to or termination of this compact shall be filed with the Board of Supervisors of Modoc County, California, and the County Court of Lake County, Oregon, at least 30 days prior to any legislative consideration by the legislatures of the States of California and Oregon.

Nothing in this compact shall be deemed:

A. To impair or affect the existing rights or powers of the United States of America, its agencies, or instrumentalities, in and to the use of the waters of the Goose Lake Basin nor its capacity to acquire rights in and to the use of said waters.

B. To subject any property of the United States of America, its agencies or instrumentalities to taxation by any state or subdivision thereof, nor to create an obligation on the part of the United States of America, its agencies or instrumentalities by reason of the acquisition, construction or operation of any property or works of whatsoever kind, to make any payments to any state or political subdivision thereof, state agency, municipality or entity, whatsoever in reimbursement for the loss of taxes.

C. To subject any property of the United States of America, its agencies or instrumentalities, to the laws of any state to any extent other than the extent to which these laws would apply without regard to the compact.

[1963 c.473 §2]

Source: Section 542.520 — Oregon-California Goose Lake Interstate Compact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 542.060 — OR Code / Title 45 / Chapter 542 / Section 542.060
542.060 Information on availability of water for beneficial uses
Status: in_force

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 development; and shall prepare topographic maps of the territory adjacent to the private streams of the state, so that the availability of water for power, irrigation or other beneficial uses may be determined and made known to the public. All such maps and information shall be made a matter of record in the Water Resources Department and the commission shall publish a summary of all such information in the most practical and economical manner for presentation to the public. The commission shall enter into such agreements and contracts as will insure that the surveys and investigations are carried on in the most economical manner, and that the maps and data are made available to the use of the public as quickly as possible. [Amended by 1985 c.673 §134]

Source: Section 542.060 — Information on availability of water for beneficial uses; duties of Water Resources Commission; gauging stations; publication of information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 540.533 — OR Code / Title 45 / Chapter 540 / Section 540.533
540.533 Application for exchange of water
Status: in_force

(1) As used in this section, “person holding a water right, certificate or permit” means a person that:

(a) Holds a water right established by court decree;

(b) Holds a water right certificate or a water right for which proof of beneficial use has been approved by the Water Resources Director or the Water Resources Commission;

(c) Is applying for or holds a permit issued under ORS 537.211 (Issuance of permit if application approved) for use of water for an in-stream purpose; or

(d) Holds a permit issued under ORS 537.135 (Permit required to appropriate water for recharging ground water sources) for recharging ground water within the Umatilla Basin.

(2) A person holding a water right, certificate or permit may apply to the commission for permission to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount to satisfy prior appropriations from the other source, if:

(a) The source of the person’s appropriation is at times insufficient to fully satisfy the appropriation;

(b) Better conservation and use of the waters of the state can be accomplished; or

(c) The person can develop water for appropriation under the permit for use of water for an in-stream purpose or the permit for recharging ground water, but cannot economically convey the water to its point of use.

(3) A person may apply for an exchange under this section among any combination of surface, storage or ground water rights.

(4) An application for exchange shall be accompanied by:

(a) Any map, plan or other information required by the commission;

(b) The fee required under ORS 536.050 (Fees) ; and

(c) If the application for exchange is by a person that holds a permit issued under ORS 537.135 (Permit required to appropriate water for recharging ground water sources) for recharging ground water within the Umatilla Basin, evidence satisfactory to the director that the exchange will result in no net loss of flow in the Umatilla River. [1987 c.815 §2; 2011 c.281 §1]

Source: Section 540.533 — Application for exchange of water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 558.235 — OR Code / Title 45 / Chapter 558 / Section 558.235
558.235 Treatment of forestlands as benefited property
Status: in_force

Forestlands within a forest protection district as defined in ORS chapter 477, shall not be considered benefited property and shall not be included in a weather modification district unless the owner of the forestlands petitions the county court having jurisdiction of the formation proceedings to have the lands of the owner included. [1969 c.698 §6; 1971 c.727 §173]

Source: Section 558.235 — Treatment of forestlands as benefited property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 545.579 — OR Code / Title 45 / Chapter 545 / Section 545.579
545.579 Pleadings
Status: in_force

(1) The appellant and all persons appearing shall make a statement in writing of the grounds of appeal, and no further pleadings shall be necessary. The cause shall be tried in one action by the circuit court as an action not triable by right to a jury.

(2) Upon the entry of a judgment, any person aggrieved by the judgment may appeal to the Court of Appeals in the manner provided for other cases in equity. Notice of appeal shall be served on those appearing in the circuit court or their attorneys. Notwithstanding ORS 19.415 (Scope of appellate review) (3), the cause shall be tried de novo by the Court of Appeals as expeditiously as possible after the appeal is perfected. Upon the effective date of decision of the Court of Appeals, the circuit court shall enter such judgment as is directed by the Court of Appeals.

(3) If the resolution of the board of directors is affirmed it shall be considered an assessment against all the lands described in the resolution for the amount of the assessment and payable at the times specified in the resolution, as well as a final determination of the total benefits accruing from the existing or proposed improvements to the parcels of land described in the resolution. If the resolution is modified in any respect, the court shall specify the proper resolution to be entered, which shall be entered accordingly. If no appeal is taken from the resolution, it shall become final. [Formerly 545.256; 2003 c.576 §256; 2009 c.231 §9]

Source: Section 545.579 — Pleadings; trial; appeal; finality of assessment order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 551.120 — OR Code / Title 45 / Chapter 551 / Section 551.120
551.120 Damages
Status: in_force

If, in locating and establishing the dikes and dams provided for in this chapter, an owner of land through which they pass is aggrieved on the score of right of way or other causes, the owner shall have proper damage. In such cases claims for damages shall be filed and the amount thereof determined in accordance with the general road law in like cases. The damages allowed shall be assessed against the lands of the district in the same manner as the tax for construction, and paid to the aggrieved parties in the same manner in which other claims are paid.

Source: Section 551.120 — Damages; recovery by landowner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 547.430 — OR Code / Title 45 / Chapter 547 / Section 547.430
547.430 Civil liability for expense of removal of filth or obstruction
Status: in_force

Any person who throws, dumps or places or allows to be thrown, dumped or placed, any rubbish, refuse, or any article or thing in any such ditch, lateral, canal, slough, waterway or conduit shall, in addition to the penalty provided in ORS 547.990 (Penalties) , also be liable to the owner of the ditch, lateral, canal, slough, waterway or conduit, or other person or district having control, charge or supervision of the same, for all expense legitimately occasioned or incurred by such person or district in the removal of any such rubbish, refuse or other article or thing or the prevention of such befoulment or pollution, and for all damage that may be done or occasioned to the ditch, lateral, canal, slough, waterway or conduit by reason of such dumping, throwing or placing of the rubbish, refuse or article or thing, or the befoulment or pollution. The sum may be recovered in a civil action brought in the name of the person or district having control of or using the ditch, lateral, canal, slough, waterway or conduit that was injured, damaged, befouled, polluted or obstructed.

ASSESSMENTS, CHARGES AND TAXES

Source: Section 547.430 — Civil liability for expense of removal of filth or obstruction; recovery by action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.207 — OR Code / Title 45 / Chapter 545 / Section 545.207
545.207 Redivision of district upon increase in directors
Status: in_force

Upon an increase of the number of directors from three to five, the board shall divide the total acreage of the district that is subject to assessment or charges by the district, into five divisions. Each division shall be as nearly equal in total acreage as may be practicable. In addition, the board shall define and particularly describe division boundaries and make use, in so far as may be desirable, of such natural boundaries as may exist in the district. The divisions shall be numbered first, second, third, fourth and fifth. As the terms of the present members of the board of directors expire, one director who is a resident of Oregon and either a bona fide owner of land or a shareholder of a bona fide corporate owner of land situated in the division, shall be elected from each division as the representative of that division on the board of directors. Voting for director of each division shall be by qualified electors within the division. However, the qualified electors of any district may, by a majority vote, determine that voting for directors shall be by the qualified electors of the entire district. If an elector is an owner in two or more divisions and resides in one of them, the elector shall vote in the division of residence. If an elector is a nonresident of the district, the elector may choose to vote in any one division in which the elector is an owner of land. When a nonresident landowner chooses to vote in any one division, the landowner shall file with the secretary of the board a notice of the choice of division where the nonresident landowner chooses to vote. A nonresident landowner’s choice to vote in a certain division is permanent and remains permanent until the nonresident landowner’s ownership status changes in any way or until the nonresident landowner becomes a resident owner. [Formerly 545.022; 1999 c.452 §21]

Source: Section 545.207 — Redivision of district upon increase in directors; representation of divisions; voting qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 552.315 — OR Code / Title 45 / Chapter 552 / Section 552.315
552.315 Right to enter and survey land
Status: in_force

The district board, its officers, agents or employees shall have the right to enter upon any land in the manner provided by ORS 35.220 (Precondemnation entry on real property) to make surveys for the purposes of the district. [1969 c.606 §15; 2003 c.477 §9]

Source: Section 552.315 — Right to enter and survey land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.500 — OR Code / Title 45 / Chapter 537 / Section 537.500
537.500 Legal status of conserved water right
Status: reserved

(1) A water right for conserved water under ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) and 540.510 (Appurtenancy of water to premises) shall have the same legal status as any other water right for which a certificate has been issued.

(2) A water right for conserved water that is reserved in stream for future out-of-stream use under ORS 537.490 (Use of conserved water) or that the commission manages under ORS 537.495 (Receipt by state agency or political subdivision of right to use conserved water) is not subject to cancellation under ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation) or 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.450 (Rules for proof as to work and use of water under permits) or to abandonment or forfeiture under ORS 540.610 (Use as measure of water right) to 540.650 (Issuance of new water right certificate for water rights not canceled) . [1987 c.264 §10; 1989 c.699 §3]

Note: See note under 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) .

Source: Section 537.500 — Legal status of conserved water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 540.050 — OR Code / Title 45 / Chapter 540 / Section 540.050
540.050 Appearance of district attorney
Status: in_force

The district attorney shall appear on behalf of the Water Resources Director or any watermaster in any case which may arise in the pursuance of the official duties of the director or watermaster within the jurisdiction of the district attorney. [Amended by 1985 c.421 §6]

Source: Section 540.050 — Appearance of district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).