ORS § 548.955 — OR Code / Title 45 / Chapter 548 / Section 548.955
548.955 Contents of judgment
Status: in_force

The judgment of the court shall order the clerk of the court to file certified copies of the judgment with the county treasurer and the county assessor of each county in which any property located within or assessed by the district is located, and with the Secretary of State and the Water Resources Commission. [1973 c.415 §13; 2003 c.576 §518]

Source: Section 548.955 — Contents of judgment; filing with county treasurer and assessor, Secretary of State and Water Resources Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 548.900 — OR Code / Title 45 / Chapter 548 / Section 548.900
548.900 Definitions for ORS 548.900 to 548.955
Status: in_force

As used in ORS 548.900 (Definitions for ORS 548.900 to 548.955) to 548.955 (Contents of judgment) , except as otherwise expressly provided:

(1) “District” means an irrigation district organized under ORS chapter 545 or a drainage district organized under ORS chapter 547.

(2) “District board” means the board of directors of an irrigation district, or the board of supervisors of a drainage district. [1973 c.415 §1]

Source: Section 548.900 — Definitions for ORS 548.900 to 548.955 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 536.090 — OR Code / Title 45 / Chapter 536 / Section 536.090
536.090 Ground water advisory committee
Status: in_force

(1) In carrying out the duties, functions and powers prescribed by law, the Water Resources Commission shall appoint a ground water advisory committee to:

(a) Advise the commission on all matters relating to:

(A) Rules for the development, securing, use and protection of ground water; and

(B) Licensing of well constructors, including the examination of such persons for license.

(b) Review the proposed expenditure of all revenues generated under ORS 537.762 (Submitting start card before beginning work on well) . At least once each year, and before the expenditure of such funds on new program activities, the Water Resources Department and the ground water advisory committee shall develop jointly a proposed expenditure plan for concurrence by the Water Resources Commission. The plan may be modified, if necessary, upon the joint recommendation of the department and the ground water advisory committee with concurrence by the commission.

(2) The committee shall consist of nine members who represent a range of interests or expertise. At least three of the members shall be individuals actively engaged in some aspect of the water supply or monitoring well drilling industry. Members shall serve for such terms as the commission may specify. The committee shall meet at least once every three months and at other times and places as the commission may specify.

(3) A member of the committee shall not receive compensation, but at the discretion of the commission may be reimbursed for travel expenses incurred, subject to ORS 292.495 (Compensation and expenses of members of state boards and commissions) . [1977 c.749 §2; 1981 c.416 §9; 1985 c.673 §18; 1991 c.925 §1; 1993 c.774 §1; 2021 c.610 §4]

Source: Section 536.090 — Ground water advisory committee; duties; qualification; term; expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 553.280 — OR Code / Title 45 / Chapter 553 / Section 553.280
553.280 Undertaking prior to entry as part of condemnation proceedings
Status: in_force

Prior to any party, officer or agent of a water control district entering upon any land sought to be condemned, there shall be furnished to the landowner a sufficient undertaking, either by surety bond, personal bond, cash or other security, in an amount sufficient to indemnify the landowner for the value of the land sought to be condemned, together with all costs and attorney fees to which the landowner may be entitled. This undertaking shall be conditioned that the district seeking to condemn the land shall pay to the owner all damages, costs and attorney fees that the owner may suffer by reason of the entry, or which may be awarded to the owner by a jury upon a trial of the cause. [1965 c.623 §11]

Source: Section 553.280 — Undertaking prior to entry as part of condemnation proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 538.130 — OR Code / Title 45 / Chapter 538 / Section 538.130
538.130 Condemnation of lands for park
Status: in_force

ORS 538.120 (Silver Creek, Marion County, and Brushes Creek, Curry County, and tributaries) 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 water of the creeks or streams.

Source: Section 538.130 — Condemnation of lands for park; vested and riparian rights not affected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 548.415 — OR Code / Title 45 / Chapter 548 / Section 548.415
548.415 Surety bond
Status: in_force

The surety bond to be filed under ORS 548.405 (Loss of certificates or receipts issued by county treasurer for securities) or 548.410 (Surrender of securities to claimant to whom certificate or receipt has not been issued or assigned) shall be for double the amount of the face value of the securities described in such certificate of deposit or receipt, if the securities are to be surrendered, or double the amount the claimant is to receive from moneys or securities deposited with the county treasurer, with two or more sureties, qualified and who must justify as in the case of sureties for bail; provided that surety bonds of companies licensed to transact surety business in Oregon may be accepted for the face amount of the securities if the securities are to be returned, or the face amount of any moneys or securities to be paid or delivered by the county treasurer to the claimant. Every such surety bond shall be conditioned upon indemnifying the county treasurer, and the employees of the county treasurer making the payment, and all rightful owners of the securities, against any loss or expenses, including interest or other damage or liability, resulting from such payment or delivery. [Amended by 1989 c.182 §42]

Source: Section 548.415 — Surety bond; amount; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 545.189 — OR Code / Title 45 / Chapter 545 / Section 545.189
545.189 Recall of director
Status: in_force

(1) A district director may be recalled as provided in ORS 198.410 (Definition for ORS 198.425 and 198.430) to 198.440 (Statement of justification from affected officer) , except that the recall petition shall be signed by a number of persons who are qualified to vote in the district, or in the subdivision of the district from which the director was elected, that is equal to but not less than the lesser of:

(a) Fifteen percent of the total number of votes that may be cast in an election for the director; or

(b) Fifteen percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term.

(2) Not more than one of the electors of a multiple ownership as described in ORS 545.007 (Voting rights) (1)(a) may sign a recall petition. [1995 c.754 §2]

Source: Section 545.189 — Recall of director; procedure; required number of signatures for recall petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 550.270 — OR Code / Title 45 / Chapter 550 / Section 550.270
550.270 Construction of district works
Status: in_force

(1) The urban flood safety and water quality district may undertake construction of works upon approval of the proposed works by the board of directors.

(2) The board of directors shall obtain engineering plans for any works that require engineering. [2019 c.621 §13; 2022 c.16 §12]

Source: Section 550.270 — Construction of district works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 549.730 — OR Code / Title 45 / Chapter 549 / Section 549.730
549.730 Budgeting and appropriating money for water conservation and flood control
Status: in_force

The county court of each county may include in its budget and appropriate out of moneys in the general fund of the county not otherwise appropriated, an amount for the purposes of ORS 549.710 (Powers of counties with populations in excess of 50,000) to 549.730 (Budgeting and appropriating money for water conservation and flood control) . Out of the amount so appropriated the county court may set aside an amount, not to exceed one-half of the annual appropriation, to be placed in a special fund to be expended for emergency purposes or for future water conservation and flood control programs. [1957 c.296 §3; 1981 c.416 §11]

Source: Section 549.730 — Budgeting and appropriating money for water conservation and flood control , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 552.330 — OR Code / Title 45 / Chapter 552 / Section 552.330
552.330 Water user regulations
Status: in_force

A district may adopt and promulgate regulations concerning the use of water of the district. The district board may refuse to supply any building, place or premises with water when the user fails after five days’ written notice to comply with the regulations of the district. The written notice shall be by first-class mail or shall be posted in some conspicuous place on the building, place or premises to which the supply of water may be shut off. When the notice is mailed, it shall be considered given when it is deposited in the United States Post Office properly addressed with postage prepaid. [1969 c.606 §26; 1991 c.250 §2]

Source: Section 552.330 — Water user regulations; enforcement; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 543a.130 — OR Code / Title 45 / Chapter 543a / Section 543a.130
543A.130 Contested case hearing
Status: in_force

(1) If a contested case hearing is conducted under ORS 543A.120 (Proposed final order) , the issues to be considered in the contested case hearing shall be limited to issues identified by the administrative law judge.

(2) Notwithstanding the provisions of ORS chapter 183 pertaining to contested case proceedings, the parties to any contested case hearing initiated under this section shall be limited to:

(a) The applicant;

(b) Any person who timely filed a protest; and

(c) Any person who timely filed a request for standing under ORS 543A.120 (Proposed final order) and who requests to intervene in the contested case hearing prior to the start of the proceeding.

(3) The contested case proceeding shall be conducted in accordance with the applicable provisions of ORS chapter 183 except:

(a) As provided in subsections (1) and (2) of this section; and

(b) An interlocutory appeal under ORS 183.480 (Judicial review of agency orders) (3) shall not be allowed.

(4) Each person submitting a protest or a request for standing shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person’s position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or in a hearing or failure to provide sufficient specificity to afford the Water Resources Department an opportunity to respond to the issue precludes judicial review based on that issue.

(5) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Water Resources Director determines that the proposed reauthorization does not comply with the standards set forth in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) or rules adopted by the Water Resources Commission under ORS 543A.025 (Minimum standards for decision on reauthorization of water right) , the director shall issue a final order rejecting the application or modifying the proposed final order to conform to the public interest. If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the director determines that the proposed reauthorization complies with ORS 543A.025 (Minimum standards for decision on reauthorization of water right) , the director shall issue a final order approving the application for reauthorization or otherwise modifying the proposed final order. A final order may set forth any of the provisions or restrictions to be included in the certificate concerning the use, control and management of the water to be appropriated for the project, including but not limited to a specification of reservoir operation and minimum releases to protect the public interest.

(6) If a contested case hearing is not held:

(a) Where the final order modifies the proposed final order, the applicant may request and the department shall schedule a contested case hearing as provided under subsection (3) of this section by submitting the information required for a protest under ORS 543A.120 (Proposed final order) within 14 days after the director issues the final order. However, the issues on which a contested case hearing may be requested and conducted under this paragraph shall be limited to issues based on the modifications to the proposed final order.

(b) Only the applicant or a protestant may appeal the provisions of the final order in the manner established in ORS chapter 183 for appeal of orders other than contested cases.

(7) Before issuing a final order, the director or the commission, if applicable, shall make the final determination of whether the proposed reauthorization or the proposed reauthorization as modified in the proposed final order complies with the standards set forth in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) .

(8) In a proceeding to reauthorize a water right for a federally licensed project, the final order may be different from the proposed final order based on:

(a) New information developed during the federal relicensing process pertaining to environmental impacts or assessments that reveals impacts not known at the time the proposed final order was issued;

(b) Significant changes in the final application to the Federal Energy Regulatory Commission;

(c) Conditions and restrictions in the Federal Energy Regulatory Commission license that are inconsistent with the water right as proposed in the proposed final order; or

(d) Protests received after the proposed final order is issued.

(9) Upon issuing a final order, the director shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050 (Fees) (1)(p). [1997 c.449 §25; 2003 c.75 §100]

Source: Section 543A.130 — Contested case hearing; final order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 541.890 — OR Code / Title 45 / Chapter 541 / Section 541.890
541.890 Definitions for ORS 541.890 to 541.969
Status: in_force

As used in ORS 541.890 (Definitions for ORS 541.890 to 541.969) to 541.969 (Report to Legislative Assembly by state agencies receiving subaccount moneys) :

(1) “Adaptive management” means applying management or practices over time and across the landscape to achieve site specific resource goals using an integrated and science based approach that results in changes over time in response to feedback or monitoring.

(2) “Associated uplands” includes those lands of a watershed that are critical to the functioning and protection of a riparian area.

(3) “Board” means the Oregon Watershed Enhancement Board created under ORS 541.900 (Oregon Watershed Enhancement Board) .

(4) “Native” means indigenous to Oregon and not introduced.

(5) “Oregon Conservation Strategy” means the comprehensive wildlife conservation strategy for this state adopted by the State Fish and Wildlife Commission.

(6) “Oregon Plan” means the guidance statement and framework described in ORS 541.898 (Oregon Plan described) .

(7) “Protect” or “protection” means to minimize or mitigate adverse effects on native fish or wildlife habitat to the maximum extent practicable given the anticipated duration, geographic scope and primary purpose of proposed activities.

(8) “Restore” or “restoration” means to take actions likely to achieve sustainable population levels of native fish or wildlife and their habitats.

(9) “Riparian area” means a zone of transition from an aquatic ecosystem to a terrestrial ecosystem, dependent upon surface or subsurface water, that reveals through the zone’s existing or potential soil-vegetation complex the influence of such surface or subsurface water. A riparian area may be located adjacent to a lake, reservoir, estuary, pothole, spring, bog, wet meadow, muskeg or ephemeral, intermittent or perennial stream.

(10) “Soil and water conservation district” means a political subdivision of the state as described in ORS 568.550 (General powers of board of directors) .

(11) “Stewardship” means the careful and responsible management of the environment.

(12) “Tribe” means a federally recognized Indian tribe in Oregon.

(13) “Watershed” means the entire land area drained by a stream or system of connected streams such that all streamflow originating in the area is discharged through a single outlet.

(14) “Watershed council” means a voluntary local organization, designated by a local government group convened by a county governing body, to address the goal of sustaining natural resource and watershed protection, restoration and enhancement within a watershed. [Formerly 541.351; 2015 c.771 §7]

Note: 541.890 (Definitions for ORS 541.890 to 541.969) to 541.969 (Report to Legislative Assembly by state agencies receiving subaccount moneys) were added to and made a part of ORS chapter 541 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.890 — Definitions for ORS 541.890 to 541.969 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.977 — OR Code / Title 45 / Chapter 541 / Section 541.977
541.977 Definitions for ORS 541.977 to 541.989
Status: in_force

As used in ORS 541.977 (Definitions for ORS 541.977 to 541.989) to 541.989 (Commission duties) :

(1) “Agricultural owner or operator” means a landowner, operator, manager or other person having responsibility for exercising control over the day-to-day operation of a farm or ranch.

(2) “Working land” means land that is actively used by an agricultural owner or operator for an agricultural operation that includes, but need not be limited to, active engagement in farming or ranching.

(3) “Working land conservation covenant” means a nonpossessory interest in working land for a fixed term that imposes limitations or affirmative obligations for the purposes that support the use of the land for agricultural production and for the maintenance or enhancement of fish and wildlife habitat, improvement of water quality or support of other natural resource values.

(4) “Working land conservation easement” means a permanent nonpossessory interest in working land that imposes limitations or affirmative obligations for purposes that support the use of the land for agricultural production and for the maintenance or enhancement of fish and wildlife habitat, improvement of water quality or support of other natural resource values. [2017 c.716 §1]

Note: 541.977 (Definitions for ORS 541.977 to 541.989) to 541.989 (Commission duties) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.977 — Definitions for ORS 541.977 to 541.989 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.780 — OR Code / Title 45 / Chapter 537 / Section 537.780
537.780 Powers of Water Resources Commission
Status: in_force

(1) In the administration of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , the Water Resources Commission may:

(a) Require that all flowing wells be capped or equipped with valves so that the flow of ground water may be completely stopped when the ground water is not actually being applied to a beneficial use.

(b) Enforce:

(A) General standards for the construction, alteration, abandonment, conversion or maintenance of wells and their casings, fittings, valves, pumps and back-siphoning prevention devices; and

(B) Special standards for the construction, alteration, abandonment, conversion or maintenance of particular wells and their casings, fittings, valves and pumps.

(c) Intentionally left blank —Ed.

(A) Adopt by rule and enforce when necessary to protect the ground water resource, standards for the construction, maintenance, abandonment or use of any hole through which ground water may be contaminated; or

(B) Enter into an agreement with, or advise, other state agencies that are responsible for holes other than wells through which ground water may be contaminated in order to protect the ground water resource from contamination.

(d) Enforce uniform standards for the scientific measurement of water levels and of ground water flowing or withdrawn from wells.

(e) Enter upon any lands for the purpose of inspecting wells, including wells exempt under ORS 537.545 (Exempt uses) , casings, fittings, valves, pipes, pumps, measuring devices and back-siphoning prevention devices.

(f) Prosecute actions and suits to enjoin violations of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , and appear and become a party to any action, suit or proceeding in any court or before any administrative body when it appears to the satisfaction of the commission that the determination of the action, suit or proceeding might be in conflict with the public policy expressed in ORS 537.525 (Policy) .

(g) Call upon and receive advice and assistance from the Environmental Quality Commission or any other public agency or any person, and enter into cooperative agreements with a public agency or person.

(h) Adopt and enforce rules necessary to carry out the provisions of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) including but not limited to rules governing:

(A) The form and content of registration statements, certificates of registration, applications for permits, permits, certificates of completion, ground water right certificates, notices, proofs, maps, drawings, logs and licenses;

(B) Procedure in hearings held by the commission; and

(C) The circumstances under which the helpers of persons operating well drilling machinery may be exempt from the requirement of direct supervision by a licensed water well constructor.

(i) In accordance with applicable law regarding search and seizure, apply to any court of competent jurisdiction for a warrant to seize any well drilling machine used in violation of ORS 537.747 (Water well constructor’s license) or 537.753 (Bond or letter of credit) .

(2) Notwithstanding any provision of subsection (1) of this section, in administering the provisions of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , the commission may not:

(a) Adopt any rule restricting ground water use in an area unless the rule is based on substantial evidence in the record of the Water Resources Department to justify the imposition of restrictions.

(b) Make any determination that a ground water use will impair, substantially interfere or unduly interfere with a surface water source unless the determination is based on substantial evidence. Such evidence may include reports or studies prepared with relation to the specific use or may be based on the application of generally accepted hydrogeological principles to the specific use.

(3) At least once every three years, the commission shall review any rule adopted under subsection (2) of this section that restricts ground water use in an area. The review process shall include public notice and an opportunity to comment on the rule. [1955 c.708 §32; 1981 c.416 §7; 1985 c.673 §73; 1989 c.833 §60; 1995 c.549 §2; 2021 c.610 §14]

Source: Section 537.780 — Powers of Water Resources Commission; rules; limitations on authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.912 — OR Code / Title 45 / Chapter 541 / Section 541.912
541.912 Duties of Natural Resources Division
Status: in_force

In addition to the duties conferred on the Natural Resources Division of the State Department of Agriculture under ORS 561.400 (Natural Resources Division) and 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) , the division shall:

(1) In cooperation with the Oregon Watershed Enhancement Board, provide appropriate personnel who, under the direction of the board, shall:

(a) Serve as community advisors to cooperatively develop watershed enhancement projects with volunteers; and

(b) Cooperatively evaluate watershed enhancement projects with those responsible for project implementation.

(2) Provide technical assistance to individuals responsible for implementation of a watershed enhancement project.

(3) Work with the Oregon Watershed Enhancement Board to coordinate the implementation of enhancement projects with the activities of other agencies, including but not limited to, those state and federal agencies participating in coordinated resource management planning. [Formerly 541.390]

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

Source: Section 541.912 — Duties of Natural Resources Division , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.090 — OR Code / Title 45 / Chapter 554 / Section 554.090
554.090 Directors
Status: in_force

(1) No person is eligible to the office of director unless the person is a member of the corporation. The directors named in the articles of incorporation and thereafter when elected by the members shall promptly qualify and thereupon meet and organize and elect one of their number president who shall preside at their meetings and at the meetings of the members. The board shall adopt a seal with a suitable design.

(2) The board shall elect a secretary who shall keep a fair and correct record of all its proceedings and the official business of the corporation, which shall be open to the inspection of all members as well as to all other interested persons. The secretary may or may not be a member of the board and shall hold the office of treasurer of the corporation and shall receive and receipt for all moneys received.

(3) From the first meeting of the directors, the powers vested in the corporation shall be exercised by them or by their officers or agents under their direction except as otherwise specially provided by law.

(4) Subject to ORS 554.150 (Action to compel assessment) , the directors and officers of any corporation incorporated under this chapter shall be entitled to indemnification in the same manner as allowed under ORS 65.387 (Definitions for ORS 65.387 to 65.414) to 65.414 (Application of ORS 65.387 to 65.411) . [Amended by 1969 c.345 §17; 1995 c.233 §3]

Source: Section 554.090 — Directors; qualifications; president; seal; secretary-treasurer; exercise of corporate powers; indemnification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 554.135 — OR Code / Title 45 / Chapter 554 / Section 554.135
554.135 Alternative method for collecting assessments
Status: in_force

(1) In lieu of the method of levy and assessment provided for in ORS 554.130 (Assessments) , the board of directors may provide in the bylaws or by resolution for the billing and collection of the rates, tolls, fees, fines and charges of the corporation in the manner provided in this section. The provision in the bylaws or the resolution may apply to rates, tolls, fees, fines and charges for the operation and maintenance of the corporation, for the use of water, or for the use of any of the works of the corporation, or for violation of any of the bylaws, rules and regulations of the corporation, or for principal and interest of maturing indebtedness.

(2) The bylaws or the resolution establishing the rates, tolls, fees, fines and charges shall fix the time when they shall become due and payable, and shall also fix a time after which they shall become delinquent, which time shall be any time within one year from the due date.

(3) If any rates, tolls, fees, fines or charges remain unpaid after the delinquency date, the corporation may file a notice of lien and collect the delinquent charges in the manner provided for collection of incurred charges of an irrigation district under ORS 545.494 (Unpaid charge as lien on land) , 545.496 (Collection of incurred charges) , 545.498 (Surety bond to be given by board secretary prior to handling district funds) , 545.502 (Foreclosure) , 545.504 (Redemption of land upon or prior to foreclosure sale) and 545.506 (Payment of taxes by district) .

(4) If rates, tolls, fees, fines or charges, or any installment thereof, are not paid when due, interest shall be charged and collected on the past due amount at the rate of one and one-half percent per month, or fraction of a month, until paid. [1991 c.459 §432c; 2013 c.284 §3]

Source: Section 554.135 — Alternative method for collecting assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 536.231 — OR Code / Title 45 / Chapter 536 / Section 536.231
536.231 Commission to devise plans and programs for development of water resources
Status: in_force

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

Source: Section 536.231 — Commission to devise plans and programs for development of water resources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 538.120 — OR Code / Title 45 / Chapter 538 / Section 538.120
538.120 Silver Creek, Marion County, and Brushes Creek, Curry County, and tributaries
Status: in_force

The waters of the north and south forks of Silver Creek and of all tributaries thereof above the confluence of the north and south forks of Silver Creek, all in Marion County, also Brushes Creek and all its tributaries in township 33 south, range 14 west, Willamette Meridian, in Curry County, are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except for use in state parks and except as set forth in ORS 538.130 (Condemnation of lands for park) and section 2, chapter 480, Oregon Laws 1965. [Amended by 1965 c.480 §1]

Source: Section 538.120 — Silver Creek, Marion County, and Brushes Creek, Curry County, and tributaries; diversion prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 545.059 — OR Code / Title 45 / Chapter 545 / Section 545.059
545.059 Notice of petition
Status: in_force

The secretary of the board of directors shall cause notice of the filing of the petition to be given and published once each week, for three successive weeks, in a newspaper published in the county where the office of the board is situated. The notice shall state the filing of the petition, the names of the petitioners, a description of the lands mentioned in the petition, and the request of the petitioners. The notice shall also contain a statement indicating that all interested persons may appear at the office of the board at the time named in the notice and show cause why the petition should not be granted. The time specified in the notice shall be the time of the next regular meeting of the board after the expiration of the time for publication of the notice. However, before the secretary of the board is required to give notice, the petitioners must advance to the secretary sufficient money to pay the estimated cost of all proceedings under the petition. [Formerly 545.586]

Source: Section 545.059 — Notice of petition; publication; deposit for costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.745 — OR Code / Title 45 / Chapter 537 / Section 537.745
537.745 Voluntary agreements among ground water users from same reservoir
Status: in_force

(1) In the administration of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , the Water Resources Commission may encourage, promote and recognize voluntary agreements among ground water users from the same ground water reservoir. When the commission finds that any such agreement, executed in writing and filed with the commission, is consistent with the intent, purposes and requirements of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , and in particular ORS 537.525 (Policy) , 537.730 (Designation of critical ground water area) to 537.740 (Filing rules designating critical ground water area) and 537.780 (Powers of Water Resources Commission) , the commission shall approve the agreement. Thereafter the agreement, until terminated as provided in this subsection, shall control in lieu of a formal 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) . Any agreement approved by the commission may be terminated by the lapse of time as provided in the agreement, by consent of the parties to the agreement or by order of the commission if the commission finds, after investigation and a public hearing upon adequate notice, that the agreement is not being substantially complied with by the parties thereto or that changed conditions have made the continuance of the agreement a detriment to the public welfare, safety and health or contrary in any particular to the intent, purposes and requirements of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) .

(2) When any irrigation district, drainage district, other district organized for public purposes or other public corporation or political subdivision of this state is authorized by law to enter into agreements of the kind referred to in subsection (1) of this section, the commission may approve such agreements as provided in subsection (1) of this section. Any such agreement approved by the commission shall have the same effect and shall be subject to termination in the same manner and for the same reasons set forth in subsection (1) of this section. [1955 c.708 §31; 1985 c.673 §65]

Source: Section 537.745 — Voluntary agreements among ground water users from same reservoir , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.553 — OR Code / Title 45 / Chapter 545 / Section 545.553
545.553 Petition for election on authorization and issuance of bonds
Status: in_force

When a petition requesting an election is filed with the board of directors, if the petition is signed by all of the owners of all lands within the district, an election shall be held to determine whether bonds of an irrigation district shall be authorized and issued as provided by this section and ORS 545.551 (Application of ORS 545.553 and 545.555) , 545.555 (Holding election) , 545.557 (Bonds) and 545.559 (Bonds and coupons to be negotiable instruments) . The petition shall state the amount of bonds to be authorized, the purposes for which the bonds are to be issued and the maximum time in which they may mature. Upon the filing of a petition under this section, the board shall proceed to call an election which shall be held within 20 days after the filing of the petition. [Formerly 545.230]

Source: Section 545.553 — Petition for election on authorization and issuance of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.145 — OR Code / Title 45 / Chapter 537 / Section 537.145
537.145 Notice of filing of application to appropriate water for hydroelectric purposes
Status: in_force

(1) If an application is made for a permit to appropriate water for hydroelectric purposes, the Water Resources Department shall give written notice of the filing of the application to the owner of any land that is:

(a) Adjacent to any portion of the stream in which the quantity of water will be decreased by the project; or

(b) Adjacent to the site of the proposed hydroelectric project.

(2) The department shall also publish notice of the application once each week for at least two successive weeks and for such further time, if any, as the department shall determine, in a newspaper of general circulation in each county in which the project covered by the application is located. [1985 c.569 §22; 1995 c.416 §8; 2011 c.52 §3]

Source: Section 537.145 — Notice of filing of application to appropriate water for hydroelectric purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.133 — OR Code / Title 45 / Chapter 537 / Section 537.133
537.133 Permittee’s right to enter on forestland
Status: in_force

(1) A permittee may not enter upon forestland adjacent to the point of diversion designated in the permit until such person provides notice to the landowner of the permittee’s intention to enter upon such property. The notice shall:

(a) Be in writing;

(b) Be mailed to the landowner 30 days prior to the commencement of any construction, maintenance or repair work; and

(c) Give a complete description of the location and duration of the work project.

(2) If a permittee fails to provide the notice required in subsection (1) of this section, the permittee shall not obtain any right to continued use of the land without the express written consent of the landowner.

(3) For purposes of determining whether a prescriptive easement or way of necessity has been established under Oregon common law, unimproved or unenclosed forestlands shall include commercial forestland parcels larger than 20 acres. [1989 c.509 §5]

Note: 537.133 (Permittee’s right to enter on forestland) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.133 — Permittee’s right to enter on forestland; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 548.345 — OR Code / Title 45 / Chapter 548 / Section 548.345
548.345 Notice
Status: in_force

(1) Upon presentation of the petition to the judge of the court, the judge shall, if it appears that diligent efforts have been made by the irrigation or drainage district to ascertain the names and places of residence of all the holders of the evidences of indebtedness so to be refunded and compromised, authorize the district to publish, and it shall publish for at least four consecutive weeks in three newspapers published within the state, to be designated by the court, one of which papers shall be published in the county in which the office of the board of directors or board of supervisors is situated, a notice specifying the particular indebtedness which it is proposed to refund and compromise, together with the plan which has been adopted by the district for the refunding and compromising; also, a general description of the refunding bonds, if any, which it is proposed to issue to the holders of the indebtedness. The notice shall require all holders of the evidences of indebtedness so to be refunded or compromised to file in the matter of the petition in the circuit court their written dissent from or objection to the proposed plan of refunding and compromise. The notice shall also state that any holders who fail to file their dissent and protest to the plan shall be deemed to have consented thereto.

(2) The district shall also cause the notice to be served in the manner provided by law for service of summons in civil actions upon all the holders whose names and places of residence are known to the district and who reside within Oregon. The district shall also deposit a copy of the notice in the United States mail addressed to each of the known holders who reside without the state, with postage prepaid.

(3) Dissent in writing must be filed in the court and cause within 90 days from the date of the first publication of the notice; or, in the case of holders whose names and places of residence are known to the district and who reside within the state, within 90 days from the date of service of the notice upon them; or, in the case of holders whose names and places of residence are known to the district and who reside without the state, within 90 days from the date of mailing the notice.

(4) After the expiration of said period of 90 days the holders so failing to file their objection and protest with the court shall be deemed to have consented to the refunding and compromise of the indebtedness under the terms set forth in the notice, and such failure shall be equivalent to the offer in writing signed by the known consenting holders. [Amended by 1989 c.182 §34]

Source: Section 548.345 — Notice; failure of holder to object constitutes consent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 537.795 — OR Code / Title 45 / Chapter 537 / Section 537.795
537.795 ORS 537.505 to 537.795 supplementary
Status: in_force

ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) are intended to be supplementary and in addition to and are not intended to repeal any law relating to the surface waters of this state. [1955 c.708 §35]

Source: Section 537.795 — ORS 537.505 to 537.795 supplementary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 555.340 — OR Code / Title 45 / Chapter 555 / Section 555.340
555.340 Water rights
Status: in_force

(1) Subject to ORS 555.350 (Increase of lien against unsold land) , the prices to be paid for the sale of water rights on private lands as well as Carey Act lands, in the Tumalo Project, shall be $40, with interest at five percent from the date of contract of sale, in addition to which there shall be a charge of $2.50 per acre for the nonirrigable Carey Act lands; provided, however, that no new lien shall be placed upon any lands having a complete vested water right on June 3, 1913. A certified copy of the lien list shall be prepared by the Water Resources Commission, showing the price to be paid for water rights for each small subdivision or farm unit of Carey Act land in the project. A certified copy of the lien list shall be filed in the records of Crook County. From and after the date of reclamation of any tract designated in the list a valid lien in favor of the State of Oregon shall exist against each tract in the list for the amount designated therein until the same, together with accruing interest, has been paid in full.

(2) The total amount to be realized from the sale of Carey Act lands and water rights for private lands shall insure the return to the state of all money expended by it in the reclamation of the lands in the project with interest at five percent from the date of the contract of sale, in addition to any further sums or amounts which are found necessary to be paid on account of the project.

(3) Any person who holds a contract with the Columbia Southern Irrigation Company or its successors in interest, for any tract in the project, may execute a new contract with the state for reclamation, under the provisions of ORS 555.310 (Reclamation of lands in Tumalo Project) to 555.410 (Repayment of appropriation from receipts of sale of lands) , of the land described in the original contract with the company, or a new selection, receiving credit thereon for the principal paid to the company under the original contract; or, may surrender the contract and receive, in cash, the full amount of principal paid to the company on the contract; provided, however, that no contract holder shall be entitled to a refund of the money as herein provided unless an assignment of all rights, title and interest in and to the contract and the land described therein was filed with the Desert Land Board on or before July 1, 1917; provided, further, that refunds shall be made to contract holders pro rata as funds may become available from time to time after July 1, 1915. The failure to comply with the above option by any contract holder under the old Columbia Southern Project shall render the contract void and the lands embraced therein shall revert to the state and be subject to reentry.

Source: Section 555.340 — Water rights; sale price; lien on lands; lien list; expenditures of state; repayment from sale of lands and rights; replacement or surrender of contracts with Columbia Southern Irrigation Company , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.183 — OR Code / Title 45 / Chapter 545 / Section 545.183
545.183 Compensation and expenses of officers and employees
Status: in_force

The board shall fix the compensation to be paid to the other officers and employees of the district. The board may pay, from the funds of the district, annual membership fees and assessments to irrigation, drainage or water users’ associations. [Formerly 545.066]

Source: Section 545.183 — Compensation and expenses of officers and employees; membership fees in associations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.105 — OR Code / Title 45 / Chapter 545 / Section 545.105
545.105 Assent of bondholders
Status: in_force

If there are outstanding bonds of the district at the time of the filing of the petition for exclusion, the holders of the bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion of the lands as may be excluded from the district by order of the board, may be excluded from the district. If the lands, or any portion of the lands, are excluded from the district, they shall be released from the lien of such outstanding bonds. The assent must be acknowledged by the bondholders in the same manner and form as required for a conveyance of land. The acknowledgment shall have the same force and effect as evidence as the acknowledgment of a conveyance. The assent shall be filed with the board and be recorded in the minutes of the board. The minutes, or a copy thereof certified by the secretary of the board, shall be admissible in evidence with the same effect as the assent. The certified copy may be recorded in the office of the county clerk of the county in which the lands are situated. [Formerly 545.612]

Source: Section 545.105 — Assent of bondholders; acknowledgment; filing; recording , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 539.360 — OR Code / Title 45 / Chapter 539 / Section 539.360
539.360 Participation in management of Upper Klamath Basin Comprehensive Agreement
Status: in_force

(1) As used in this section:

(a) “Joint management entity” means the entity that is:

(A) Composed of the landowner entity, the Klamath Tribes, the United States and the State of Oregon; and

(B) Responsible for overseeing the implementation of the settlement agreement.

(b) “Landowner entity” means the entity formed by eligible landowners as provided in section 8 of the settlement agreement.

(c) “Settlement agreement” means the Upper Klamath Basin Comprehensive Agreement dated April 18, 2014.

(2) The Water Resources Department may participate in activities related to the joint management entity that are consistent with the terms of the settlement agreement. The activities may include, but need not be limited to:

(a) Providing assistance in the formation of an Oregon tax-exempt nonprofit corporation to function as the joint management entity for the settlement agreement;

(b) Drafting and giving approval of the articles of incorporation and bylaws of the corporation;

(c) Participating as a voting member of the board of directors for the corporation; and

(d) Participating as a member of the technical team for the corporation. [2015 c.449 §1]

Note: The Upper Klamath Basin Comprehensive Agreement terminated December 28, 2017, following a negative determination by the United States Secretary of the Interior.

Note: 539.360 (Participation in management of Upper Klamath Basin Comprehensive Agreement) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 539 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 539.360 — Participation in management of Upper Klamath Basin Comprehensive Agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 552.624 — OR Code / Title 45 / Chapter 552 / Section 552.624
552.624 Filing boundary change with county assessor and Department of Revenue
Status: in_force

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225 (Boundary changes) . [2001 c.138 §44]

Source: Section 552.624 — Filing boundary change with county assessor and Department of Revenue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 545.532 — OR Code / Title 45 / Chapter 545 / Section 545.532
545.532 Increase of assessments to meet defaults
Status: in_force

When the amount assessed against any tract of land is not paid, the next assessment against the land in the district shall be increased so as to take care of the default. All the property of the district, including irrigation and other works, shall be liable for the indebtedness of the district. The holder of bonds, or the United States or the State of Oregon when a contract has been executed by the United States or the State of Oregon, may, if a default occurs in the payment of interest or principal on the bonds, or the amount due on the contract, upon the order of the circuit court, take possession of the irrigation and other works of the district and operate those works until the amount in default is fully paid. [Formerly 545.206]

Source: Section 545.532 — Increase of assessments to meet defaults; property liable for indebtedness; possession of works upon default , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543.170 — OR Code / Title 45 / Chapter 543 / Section 543.170
543.170 Hydroelectric facility on Isqúulktpe Creek prohibited
Status: in_force

No person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on Isqúulktpe Creek. [1985 c.560 §2; 2019 c.13 §54]

Note: 543.170 (Hydroelectric facility on Isqúulktpe Creek prohibited) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 543.170 — Hydroelectric facility on Isqúulktpe Creek prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 547.565 — OR Code / Title 45 / Chapter 547 / Section 547.565
547.565 Payment of bonds from assessments
Status: in_force

The bonds and the interest thereon and all obligations for the payment of money authorized and incurred by such district shall be general obligations of the district and shall be paid by the revenue derived from the annual assessments upon the real property within the district. All the real property within the district shall be liable to be assessed for such payments under and subject to the provisions of ORS 547.455 (Annual charge or assessment) to 547.485 (Governing body of county to make assessment and levy upon failure of supervisors to do so) . [Amended by 1993 c.97 §18]

Source: Section 547.565 — Payment of bonds from assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 543.230 — OR Code / Title 45 / Chapter 543 / Section 543.230
543.230 Hearings on application
Status: in_force

(1) The Water Resources Commission shall, by order or rule, provide for the time and manner of hearings upon applications. However, upon request by any person made within 30 days after the Water Resources Director issues an order pertaining to cumulative impacts under ORS 543.255 (Determination of cumulative impacts of proposed hydroelectric power projects) , the Water Resources Commission shall conduct a contested case hearing in accordance with the applicable provisions of ORS chapter 183 and any rules adopted by the commission.

(2) Every application for the appropriation of water for the generation of electricity subject to the terms of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) shall be subject to protest or remonstrance on behalf of the public, or any district organized for public purposes, or any interested private person, on the ground that the proposed construction, development or improvement would damage or destroy the use or utility of the stream or other body of water involved for other beneficial purposes, including propagation of fish, scenic, aesthetic, recreational, park, highway or other beneficial use. All protests and remonstrances under this subsection must be filed with the commission within the time specified in the notice and must be in writing and verified by the parties protesting, and a certified copy thereof shall be served upon the applicant for the permit. However, in the discretion of the administrative law judge, at the time of the hearing any interested party may make an oral protest if there exists any good reason therefor, and the administrative law judge shall allow the applicant to be heard in opposition thereto. Every protest or remonstrance under this subsection which is not filed and served as required in this subsection shall be deemed waived. [Amended by 1955 c.673 §4; 1955 c.707 §40; 1961 c.224 §18; 1993 c.544 §7; 1995 c.416 §41; 1999 c.849 §115; 2003 c.75 §98]

Source: Section 543.230 — Hearings on application; rules; protest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 553.105 — OR Code / Title 45 / Chapter 553 / Section 553.105
553.105 Districts coterminous with 1969 districts
Status: in_force

(1) There hereby is created a water control district territorially coterminous with each water control district existing on June 16, 1969, if such district was at that time a valid district but for the fact that its electorate was restricted to property owners. In determining the boundaries of districts created by this subsection, full effect shall be given to annexations, withdrawals and consolidations effected by districts prior to June 16, 1969, under this chapter or other statutes authorizing or purporting to authorize such action.

(2) Water control districts territorially coterminous with the districts created by subsection (1) of this section hereby are abolished.

(3) Water control districts created by this section shall be governed by this chapter. [1969 c.691 §16]

Source: Section 553.105 — Districts coterminous with 1969 districts; abolishment of existing districts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 550.190 — OR Code / Title 45 / Chapter 550 / Section 550.190
550.190 Initial district board
Status: in_force

(1) The initial district board of the urban flood safety and water quality district shall consist of 17 directors appointed as follows:

(a) One director representing the City of Portland appointed by the Portland city council.

(b) One director representing the City of Gresham appointed by the Gresham city council.

(c) One director representing the City of Fairview appointed by the Fairview city council.

(d) One director representing the City of Troutdale appointed by the Troutdale city council.

(e) One director representing the City of Wood Village appointed by the Wood Village city council.

(f) One director representing Metro appointed by the Metro Council.

(g) One director representing Multnomah County appointed by the Multnomah County board of county commissioners.

(h) One director representing the Port of Portland appointed by the board of commissioners of the Port of Portland.

(i) One director representing Multnomah County Drainage District No. 1 appointed by the district board of supervisors.

(j) One director representing Peninsula Drainage District No. 1 appointed by the district board of supervisors.

(k) One director representing Peninsula Drainage District No. 2 appointed by the district board of supervisors.

(L) One director representing Sandy Drainage Improvement Company appointed by the company board of directors.

(m) One director who resides in a neighborhood within the boundaries of Multnomah County Drainage District No. 1, Peninsula Drainage District No. 1, Peninsula Drainage District No. 2 or Sandy Drainage Improvement Company appointed by the Governor.

(n) One director who represents a private sector business located within the boundaries of Multnomah County Drainage District No. 1, Peninsula Drainage District No. 1, Peninsula Drainage District No. 2 or Sandy Drainage Improvement Company appointed by the Governor.

(o) Three directors who represent public interest nonprofit corporations with expertise or interest related to the territory within the boundaries of Multnomah County Drainage District No. 1, Peninsula Drainage District No. 1, Peninsula Drainage District No. 2 or Sandy Drainage Improvement Company appointed by the Governor, of which:

(A) One director must represent an environmental conservation organization; and

(B) One director must represent an environmental justice organization.

(2) The purpose of the initial district board is to organize the district and to develop, and approve or seek approval from the electors of, methods of funding the operations of the district. To accomplish this purpose, in addition to the duties and powers conferred on the initial district board under ORS 550.150 (Purpose of ORS 550.150 to 550.410) to 550.410 (Additional cause of action for certain impairments of district works) , the initial district board may exercise all the duties and powers conferred on the board of directors under ORS 550.150 (Purpose of ORS 550.150 to 550.410) to 550.410 (Additional cause of action for certain impairments of district works) , other than the power to dissolve a drainage district or corporation under ORS 550.230 (General powers of district) (12).

(3) Intentionally left blank —Ed.

(a) At the first meeting of the initial district board, the board shall elect a member to serve as chair. The chair shall preside over board meetings, appoint subcommittees subject to board approval and set the meeting agenda subject to revisions by the board.

(b) A majority of the directors of the initial district board shall constitute a quorum for the transaction of business.

(4) Any vacancy on the initial district board shall be filled by majority vote of the remaining directors of the board. The replacement director must qualify for the vacant position as provided in subsection (1) of this section.

(5) Intentionally left blank —Ed.

(a) The directors of the initial district board shall serve in place of the board of directors until the initial district board adopts a resolution calling for the appointment and election of the board of directors and a quorum of the directors of the board of directors, as determined under ORS 550.200 (Organizational meeting of board of directors) (4), takes office.

(b) The resolution of the initial district board shall call for the appointment and election of the board of directors to take place not less than six months after the date on which the district first begins to collect revenues under one of the methods set forth in ORS 550.300 (Financing construction, operation or maintenance of district works) .

(c) The initial district board shall file a copy of the resolution with the county elections officer and the Governor.

(6) Notwithstanding ORS 255.325 (Legislative intent to promote regularity of special district elections) and 255.335 (Regular district election) , the first elected directors of the board of directors may be elected at a special election held in accordance with ORS 255.345 (Special election dates) . [2019 c.621 §5; 2022 c.16 §3]

Source: Section 550.190 — Initial district board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 558.055 — OR Code / Title 45 / Chapter 558 / Section 558.055
558.055 Hearing on application for license
Status: in_force

Upon receipt of an application for a license, the State Department of Agriculture shall fix the time and place for a public hearing on the application. Such hearing shall be held in the county seat of any county in which the proposed operation will be conducted. The department shall notify the applicant of the time and place of hearing in sufficient time for the applicant to comply with the notice requirements of ORS 558.080 (Contents of hearing notice) to 558.100 (Proof of publication) . [1975 c.420 §3]

Source: Section 558.055 — Hearing on application for license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 554.019 — OR Code / Title 45 / Chapter 554 / Section 554.019
554.019 Certificate of existence
Status: in_force

(1) Anyone may apply to the Secretary of State to furnish a certificate of existence for a corporation formed under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) .

(2) A certificate of existence when issued means that:

(a) The corporation’s corporate name is registered in this state;

(b) The corporation is duly incorporated under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) or chapter 172, Oregon Laws 1911;

(c) All fees payable to the Secretary of State under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) , 554.420 (Amendment of articles, and landowners’ notice, of corporation organized under 1911 Act) , 554.440 (Malheur Improvement Company) and 554.510 (Authority to include or exclude lands) to 554.590 (Articles of amendment) have been paid, if nonpayment affects the existence or authorization of the corporation;

(d) An annual report required by ORS 554.315 (Annual report) has been filed by the Secretary of State within the preceding 14 months; and

(e) Articles of dissolution have not been filed by the Secretary of State.

(3) A person may apply to the Secretary of State to issue a certificate covering any fact of record. [1987 c.94 §144; 1991 c.132 §33]

Source: Section 554.019 — Certificate of existence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 537.095 — OR Code / Title 45 / Chapter 537 / Section 537.095
537.095 Interference between geothermal well and other water appropriation
Status: in_force

If interference between an existing geothermal well permitted under ORS chapter 522 and an existing water appropriation permitted under this chapter is found by either the State Geologist or the Water Resources Commission, the State Geologist and the Water Resources Commission shall work cooperatively to resolve the conflict and develop a cooperative management program for the area. In determining what action should be taken, they shall consider the following goals:

(1) Achieving the most beneficial use of the water and heat resources;

(2) Allowing all existing users of the resources to continue to use those resources to the greatest extent possible; and

(3) Insuring that the public interest in efficient use of water and heat resources is protected. [1981 c.589 §10; 1985 c.673 §22]

Source: Section 537.095 — Interference between geothermal well and other water appropriation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 554.088 — OR Code / Title 45 / Chapter 554 / Section 554.088
554.088 Service on corporation
Status: in_force

(1) The registered agent appointed by a corporation shall be an agent of the corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served.

(2) The Secretary of State shall be an agent of a corporation including a dissolved corporation upon whom any such process, notice or demand may be served whenever the corporation fails to appoint or maintain a registered agent in this state or whenever the corporation’s registered agent cannot with reasonable diligence be found at the registered office.

(3) Service shall be made on the Secretary of State by:

(a) Serving the Secretary of State or a clerk on duty at the office a copy of the process, notice or demand, with any papers required by law to be delivered in connection with the service, and the required fee for each party being served or by mailing to the office a copy of the process, notice or demand and the required fee for each party being served by certified or registered mail;

(b) Transmittal by the person instituting the proceedings of notice of the service on the Secretary of State and copy of the process, notice or demand and accompanying papers to the corporation being served by certified or registered mail:

(A) At the last registered office of the corporation as shown by the records on file in the Office of the Secretary of State; and

(B) At such address the use of which the person initiating the proceedings knows or, on the basis of reasonable inquiry, has reason to believe is most likely to result in actual notice; and

(c) Filing with the appropriate court or other body, as part of the return of service, the return receipt of mailing and an affidavit of the person initiating the proceedings stating that this section has been complied with.

(4) The Secretary of State shall keep a record of all processes, notices and demands served upon the Secretary of State under this section.

(5) After completion of initial service upon the Secretary of State, no additional documents need be served upon the Secretary of State to maintain jurisdiction in the same proceeding or to give notice of any motion or provisional process.

(6) Nothing contained in this section shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law, or enlarge the purposes for which service on the Secretary of State is permitted where such purposes are limited by other provisions of law. [1993 c.190 §22]

Source: Section 554.088 — Service on corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 545.301 — OR Code / Title 45 / Chapter 545 / Section 545.301
545.301 Financing acquisition of water works
Status: in_force

In carrying out and executing the powers conferred in this section and ORS 545.257 (Authority of irrigation district to acquire domestic or municipal water works) , 545.303 (Water works system to be self-sustaining) and 545.305 (Election concerning acquisition of water works) , an irrigation district may borrow money and issue bonds or other evidences of indebtedness. The district may contract with the United States or any agency thereof for the acquisition, construction, reconstruction, maintenance or operation of all or part of a domestic and municipal water system. The powers granted by this section shall not be exercised without the prior approval of a majority of the electors of the district at an election conducted as declared in ORS 545.305 (Election concerning acquisition of water works) . However, no authority granted before March 5, 1945, to any irrigation district by a majority of the electors of the district at an election held pursuant to any other law shall be limited or otherwise affected by this section and ORS 545.257 (Authority of irrigation district to acquire domestic or municipal water works) , 545.303 (Water works system to be self-sustaining) and 545.305 (Election concerning acquisition of water works) . [Formerly 545.112]

Source: Section 545.301 — Financing acquisition of water works; contracts with federal government; approval by electors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.075 — OR Code / Title 45 / Chapter 545 / Section 545.075
545.075 Requirements that may be imposed upon petitioners in western Oregon district
Status: in_force

(1) Notwithstanding ORS 545.067 (Liability of petitioners for obligations of district) , in any irrigation district lying entirely west of the summit of the Cascade Mountains, the board of directors may require as a condition precedent to the granting of the petition that the petitioners severally pay, contract to pay, become liable to the district for or consent that the lands petitioned to be included be charged or assessed by the district for such sums as the board of directors determines. However, these sums shall not exceed the amount the petitioners or their predecessors in interest would have been required to pay to the district for charges and assessments for the payment of:

(a) Their pro rata share of all bonds and the interest thereon previously issued by the district, or other indebtedness previously incurred, had such lands been included in the district at the time it was originally formed, or when the bonds were so issued or such indebtedness incurred; and

(b) The cost of any additional facilities required to deliver water to the lands of the petitioners.

(2) The board of directors may provide for the payment of any charge or assessment under this section in annual installments. The order of inclusion shall set forth the description of the lands included, the amount of the charge or assessment on the lands and the manner of payment. After the order is recorded under ORS 545.079 (Recording of order including lands in district) , the order is an assessment of the district upon the lands of petitioners for any bonded indebtedness or federal or state contract obligation in accordance with the provisions of the order of inclusion, and the lands are included within the boundaries of the district.

(3) The annual installments may be included with the annual charge or assessment of the district upon the water user for district purposes. The annual installments shall bear interest, be subject to a lien of the district upon the lands and be collected or foreclosed in the same manner and with the same effect as charges and assessments of the district for district purposes.

(4) Upon foreclosure of charges or assessments of the district upon any included lands, the amount of the unpaid balance of the charge or assessment provided for in subsection (1) of this section and not included in any foreclosure proceedings remains a charge and assessment lien of the district upon the lands. However, when the district is the purchaser at any sale on foreclosure it may, upon a resale of any lands included in the foreclosure sale, release the lands from the lien of any unpaid balance of the charges and assessments.

(5) For the purposes of this section the summit of the Cascade Mountains is considered to be a line beginning at the intersection of the western boundary of Hood River County with the northern boundary of the State of Oregon, thence southerly along the western boundaries of the counties of Hood River, Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon. [Formerly 545.593]

Source: Section 545.075 — Requirements that may be imposed upon petitioners in western Oregon district; charges or assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.655 — OR Code / Title 45 / Chapter 553 / Section 553.655
553.655 Bond elections in subdistricts
Status: in_force

(1) Upon order of the board, an election shall be held in the subdistrict to determine whether bonds in any amount the board may deem necessary shall be issued for any purpose necessary or convenient in carrying out the provisions of this chapter, including the refunding of outstanding bonds.

(2) If a majority of the votes cast at the election approve the issuance of the bonds, the board shall cause bonds in that amount to be issued, or such portion thereof as may be necessary from time to time. If the majority of the votes cast disapprove issuance of the bonds, the result of the election shall be entered of record.

(3) Whenever thereafter the board in its judgment deems it for the best interest of the subdistrict that the question of the issuance of bonds in any amount shall be submitted to the electors, it shall so declare of record in its minutes, and may thereupon submit such questions to the electors in the same manner and with like effect as at the previous election. [1965 c.623 §§18,19; 1971 c.647 §122]

Source: Section 553.655 — Bond elections in subdistricts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 543.610 — OR Code / Title 45 / Chapter 543 / Section 543.610
543.610 Acquisition of project by state or municipality
Status: reserved

(1) Upon not less than two years’ notice in writing the state, or any municipality thereof, shall have the right at any time to take over and thereafter to maintain and operate any project constructed under a license pursuant to ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , upon payment of just compensation, including such reasonable damages, if any, to valuable, serviceable and dependent property of the holder of the license, not taken over, as may be caused by the severance therefrom of the property taken, and shall assume all contracts entered into by the licensee which are required to have and do have the express approval of the Water Resources Commission. If the sum to be paid cannot be agreed upon by the holder of the license and the municipality or the state, as the case may be, it shall be determined in a proceeding in equity instituted by the state or municipality, as the case may be, in the circuit court of the county in which the major part of the project is located.

(2) There is also expressly reserved to the state, and any municipality thereof, the right to take over all or any part of any project by condemnation proceedings as may be provided by the laws of Oregon or the charter of any such municipality. [Amended by 1983 c.799 §8]

Source: Section 543.610 — Acquisition of project by state or municipality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 536.410 — OR Code / Title 45 / Chapter 536 / Section 536.410
536.410 Withdrawal of unappropriated waters from appropriation by commission order
Status: in_force

(1) When the Water Resources Commission determines that it is necessary to insure compliance with the state water resources policy or that it is otherwise necessary in the public interest to conserve the water resources of this state for the maximum beneficial use and control thereof that any unappropriated waters of this state, including unappropriated waters released from storage or impoundment into the natural flow of a stream for specified purposes, be withdrawn from appropriation for all or any uses including exempt uses under ORS 537.545 (Exempt uses) , the commission, on behalf of the state, may issue an order of withdrawal.

(2) Prior to the issuance of the order of withdrawal the commission shall hold a public hearing on the necessity for the withdrawal. Notice of the hearing shall be published in at least one issue each week for at least two consecutive weeks prior to the hearing in a newspaper of general circulation published in each county in which are located the waters proposed to be withdrawn.

(3) The order of withdrawal shall specify with particularity the waters withdrawn from appropriation, the uses for which the waters are withdrawn, the reason for the withdrawal and the duration of the withdrawal. The commission may modify or revoke the order at any time.

(4) Copies of the order of withdrawal and notices of any modification or revocation of the order of withdrawal shall be filed in the Water Resources Department.

(5) While the order of withdrawal is in effect, no application for a permit to appropriate the waters withdrawn for the uses specified in the order and no application for a preliminary permit or license involving appropriations of such waters shall be received for filing by the Water Resources Commission. [1955 c.707 §16; 1961 c.224 §11; 1985 c.673 §17; 1989 c.833 §55]

Source: Section 536.410 — Withdrawal of unappropriated waters from appropriation by commission order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 552.118 — OR Code / Title 45 / Chapter 552 / Section 552.118
552.118 Petition contents
Status: in_force

In addition to other matters the petition for formation of a district shall include:

(1) An estimate of the acreage of land within the district and an estimate of the acreage within each county if the district is located in more than one county; and

(2) The maximum rate of any ad valorem tax, if any, that may be levied by the district as permitted by ORS 552.625 (Maximum rate of tax levy) . [1969 c.606 §4; 1971 c.727 §164; 1991 c.459 §428a]

Source: Section 552.118 — Petition contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.796 — OR Code / Title 45 / Chapter 537 / Section 537.796
537.796 Rules regarding low temperature geothermal appropriations
Status: in_force

The Water Resources Commission shall adopt by rule an initial temperature below which low temperature geothermal appropriations shall not be protected from thermal interference caused by ground water appropriations for other purposes. [1989 c.201 §§7,8]

Note: 537.796 (Rules regarding low temperature geothermal appropriations) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WATER RIGHT EXAMINERS; SURVEYS

Source: Section 537.796 — Rules regarding low temperature geothermal appropriations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 558.400 — OR Code / Title 45 / Chapter 558 / Section 558.400
558.400 Board of commissioners
Status: in_force

(1) The power and authority given to districts organized under ORS 558.200 (Definition of “county court.”) to 558.440 (Special elections) except as therein otherwise provided is vested in and shall be exercised by a board of commissioners of the number named in the petition for formation, but not more than five. A commissioner shall be an elector registered in the district. Except as provided in subsection (2) of this section, commissioners shall serve for four-year terms.

(2) Within 10 days after issuance of the formation order, the number of commissioners named in the petition for formation who received the highest vote at the election for formation shall meet and organize, first taking and subscribing an oath of office to the effect that they will support the Constitutions of the United States and of this state and the laws thereof, and will discharge faithfully the duties of commissioner to the best of their ability. They shall determine by lot the length of term each shall hold office as follows:

(a) If there is an odd number of commissioners, a majority shall have a term expiring June 30 following the first regular district election after formation of the district and a minority shall have a term expiring June 30 following the second regular district election.

(b) If there is an even number of commissioners, the commissioners shall be divided into two equal groups as to terms. One group shall have a term expiring June 30 following the first regular district election after the formation election and the other group shall have a term expiring June 30 following the second regular district election.

(3) The board of commissioners shall fill any vacancy on the board as provided in ORS 198.320 (Filling of vacancies on governing bodies of certain districts) . [1969 c.698 §29; 1971 c.727 §179; 1973 c.796 §71; 1975 c.647 §48; 1983 c.83 §103; 1983 c.350 §312; 1983 c.740 §218]

Source: Section 558.400 — Board of commissioners; powers; qualifications and terms of commissioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 537.789 — OR Code / Title 45 / Chapter 537 / Section 537.789
537.789 Well identification number
Status: in_force

(1) As used in this section, “licensed or permitted person” means a person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4).

(2) A licensed or permitted person who files a well log under ORS 537.765 (Log of constructing, altering, abandoning or converting well) shall include on the well log the identification number provided by the Water Resources Department. The licensed or permitted person shall affix the identification number to the well no later than 30 days after completing work on the well.

(3) If a well does not have an identification number affixed to it at the time the property upon which the well is located is transferred, the owner of the property shall affix to the well the identification number obtained from the department under ORS 537.791 (Request for well identification number) within 30 days.

(4) The identification number affixed to the well shall be clearly visible to a person looking for the number and shall meet minimum standards as recommended by the ground water advisory committee appointed under ORS 536.090 (Ground water advisory committee) and adopted by the Water Resources Commission. [1993 c.774 §9; 2021 c.610 §15]

Source: Section 537.789 — Well identification number , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.735 — OR Code / Title 45 / Chapter 537 / Section 537.735
537.735 Rules designating critical ground water area
Status: in_force

(1) A rule adopted by the Water Resources Commission under ORS 537.730 (Designation of critical ground water area) shall:

(a) Define the boundaries of the critical ground water area and shall indicate which of the ground water reservoirs located either in whole or in part within the area in question are included within the critical ground water area. Any number of ground water reservoirs which either wholly or partially overlie one another may be included within the same critical ground water area.

(b) Contain a provision requiring a periodic review of conditions in the critical ground water area. The review shall be in sufficient detail to evaluate the continuing need for the critical ground water area designation and shall occur no less frequently than once every 10 years.

(2) In adopting the rule, the commission shall consider any orders or permits applicable to the reservoir issued by the governing board or State Geologist of the State Department of Geology and Mineral Industries under ORS chapter 522.

(3) A rule by the commission under subsection (1) of this section may include any one or more of the following corrective control provisions:

(a) A provision closing the critical ground water area to any further appropriation of ground water, in which event the commission shall thereafter refuse to accept any application for a permit to appropriate ground water located within such critical area.

(b) A provision determining the permissible total withdrawal of ground water in the critical area each day, month or year.

(c) The disposition of any application for a water right permit for the use of water in the area that is pending at the time the commission initiates the rulemaking process or that is received during the rulemaking process.

(d) Any one or more provisions making such additional requirements as are necessary to protect the public welfare, health and safety in accordance with the intent, purposes and requirements of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) .

(e) A provision closing all or part of the critical ground water area to further appropriation of ground water for its thermal characteristics.

(f) A provision determining the permissible change in thermal characteristics of ground water in all or part of the critical ground water area each day, month or year. Insofar as may be reasonably done, the Water Resources Director shall apportion the permissible total temperature impact among those appropriators whose exercise of valid rights in the critical area affect the thermal characteristics of the ground water, in accordance with the relative dates of priority of such rights. [1955 c.708 §27; 1981 c.589 §6; 1981 c.919 §1; 1985 c.673 §63; 1989 c.201 §5; 1991 c.400 §5]

Source: Section 537.735 — Rules designating critical ground water area , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.354 — OR Code / Title 45 / Chapter 537 / Section 537.354
537.354 In-stream water right subject to emergency water shortage provisions
Status: in_force

An in-stream water right established under the provisions of 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) shall be subject to the provisions of ORS 536.700 (“Drainage basin” defined) to 536.780 (Water conservation or curtailment plan) . [1987 c.859 §12]

Source: Section 537.354 — In-stream water right subject to emergency water shortage provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.670 — OR Code / Title 45 / Chapter 543 / Section 543.670
543.670 Manner of issuance of revenue bonds
Status: in_force

All revenue bonds issued under ORS 543.665 (Authority to issue revenue bonds to acquire hydroelectric facilities) shall be issued as prescribed in ORS chapter 287A, but the requirements of ORS 287A.150 (Authority of public body to issue revenue bonds) do not apply. [1981 c.420 §5; 1983 c.557 §12; 2007 c.783 §216]

Source: Section 543.670 — Manner of issuance of revenue bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 538.260 — OR Code / Title 45 / Chapter 538 / Section 538.260
538.260 Existing rights not affected
Status: in_force

ORS 538.251 (Tributaries of Columbia River) shall not affect any existing rights to appropriate or use water, or any renewals or extensions thereof, or prevent appropriation and use of such water for domestic, stock, municipal, fish culture, aesthetic, recreational, or public park purposes. [Amended by 1971 c.139 §2]

Source: Section 538.260 — Existing rights not affected; appropriation and use for certain purposes permitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 537.341 — OR Code / Title 45 / Chapter 537 / Section 537.341
537.341 Certificate for in-stream water right
Status: in_force

Subject to the provisions of ORS 537.343 (Proposed final order) , the Water Resources Commission shall issue a certificate for an in-stream water right. The in-stream water right shall date from the filing of the application with the commission. The certificate shall be in the name of the Water Resources Department as trustee for the people of the State of Oregon and shall be issued by the commission according to the procedures established under ORS 537.338 (Rules for state agency request for in-stream water right) . The commission shall forward a copy of each certificate issued under this section to the state agency requesting the in-stream water right. A certificate for an in-stream water right supplied by stored water shall refer to the reservoir described in the request filed under ORS 537.336 (State agencies authorized to request in-stream water rights) . [1987 c.859 §6; 1995 c.673 §2]

Source: Section 537.341 — Certificate for in-stream water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.080 — OR Code / Title 45 / Chapter 536 / Section 536.080
536.080 Effect of records of former State Water Board and State Water Superintendent
Status: in_force

The transfer of functions from the former State Water Board and State Water Superintendent to the State Engineer, effected by chapter 283, Oregon Laws 1923, shall not impair the legal force and effect in any water right adjudication, suit, action or other proceeding before the State Engineer, or in the courts or other tribunals of the state, of the official records of, or any evidence filed with, said State Water Board or State Water Superintendent.

Source: Section 536.080 — Effect of records of former State Water Board and State Water Superintendent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 537.343 — OR Code / Title 45 / Chapter 537 / Section 537.343
537.343 Proposed final order
Status: in_force

(1) A proposed final order issued under ORS 537.170 (Contested case hearing on application) (6) for an in-stream water right certificate may include any condition the Water Resources Director considers necessary, but which is consistent with the intent of 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 proposed final order may:

(a) Approve the in-stream water right for the quantity of water requested;

(b) Approve the requested in-stream water right for a lesser quantity of water; or

(c) Reject the requested in-stream water right.

(2) If the director reduces or rejects the in-stream water right as requested, or conditions the in-stream water right, the director shall include a statement of findings that sets forth the basis for the reduction, rejection or conditions. The director shall be the final authority in determining the level of in-stream flow necessary to protect the public use.

(3) After the director issues a final order approving an in-stream water right, the Water Resources Department shall issue a certificate for an in-stream water right according to the provisions of ORS 537.341 (Certificate for in-stream water right) . [1987 c.859 §7; 1995 c.416 §20]

Source: Section 537.343 — Proposed final order; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.945 — OR Code / Title 45 / Chapter 541 / Section 541.945
541.945 Watershed Conservation Operating Fund
Status: in_force

(1) The Watershed Conservation Operating Fund is established in the State Treasury separate and distinct from the General Fund. The Watershed Conservation Operating Fund shall consist of all moneys placed in the fund as provided by law. The purpose of the fund is to carry out activities that support all of the purposes described in ORS 541.942 (Natural Resources Subaccount) . Moneys in the Watershed Conservation Operating Fund shall be used for each of the following:

(a) To develop, implement or update state conservation strategies or plans to protect or restore native fish or wildlife habitats or to protect or restore natural watershed or ecosystem functions to improve water quality or stream flows;

(b) To develop, implement or update regional or local strategies or plans that are consistent with state strategies or plans described in paragraph (a) of this subsection;

(c) To develop, implement or update state strategies or plans to prevent, detect, control or eradicate invasive species that threaten native fish or wildlife habitats or that impair water quality;

(d) To support local delivery, including but not limited to delivery by watershed councils, soil and water conservation districts and other community-based organizations, of watershed education activities and other programs or projects that protect or restore native fish or wildlife habitats, watersheds or ecosystems;

(e) To pay the Oregon Watershed Enhancement Board costs of administering the Watershed Conservation Grant Fund;

(f) To enforce fish and wildlife laws and regulations and fish and wildlife habitat protection laws and regulations; and

(g) To reimburse the Secretary of State as described in ORS 297.230 (Estimate and payment of costs and expenses of audits) for the costs of audits performed by the Secretary of State under section 4c, Article XV of the Oregon Constitution.

(2) Interest accruing to the Watershed Conservation Operating Fund shall be credited to the fund. Watershed Conservation Operating Fund moneys appropriated and not expended by the completion of a biennium shall remain in the Watershed Conservation Operating Fund.

(3) Any public or private source may make gifts or grants to the Watershed Conservation Operating Fund. [2011 c.643 §16]

Note: 541.945 (Watershed Conservation Operating Fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.945 — Watershed Conservation Operating Fund; purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 543.440 — OR Code / Title 45 / Chapter 543 / Section 543.440
543.440 Transfer of license, rights or property
Status: in_force

No voluntary transfer of any license or any rights under a license or of any property acquired, constructed or operated pursuant to license issued under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) shall be made without written approval of the Water Resources Commission. Any successor or assignee of any licensee under any project acquired, constructed or operated by licensee, whether by voluntary transfer approved by the commission or sale upon foreclosure, execution or otherwise, shall be subject to all the terms and conditions of the license and 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) to the same extent as though the successor or assignee was the original licensee thereunder. Any mortgage, deed of trust, or other lien suffered or created upon any such project shall be subject and subordinate to all the terms and conditions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) . However, the provisions of this section shall not apply to any transfer, voluntary or involuntary, to the state or any municipal corporation thereof, and upon such transfer the license shall terminate. [Amended by 1985 c.673 §158]

FINANCING OF PROJECTS; LIENS; BOND OF LICENSEE

Source: Section 543.440 — Transfer of license, rights or property; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 536.730 — OR Code / Title 45 / Chapter 536 / Section 536.730
536.730 Effect of emergency powers on vested water rights
Status: in_force

Except as provided in ORS 536.740 (Governor’s authority to declare drought) and 536.750 (Powers of commission after declaration of drought) , nothing in ORS 536.700 (“Drainage basin” defined) to 536.780 (Water conservation or curtailment plan) is intended to permit the Governor or the Water Resources Commission to hinder the ability of any holder of a vested water right to obtain and use legally assured benefits of that right. [1977 c.541 §4; 1989 c.87 §8]

Source: Section 536.730 — Effect of emergency powers on vested water rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 553.010 — OR Code / Title 45 / Chapter 553 / Section 553.010
553.010 Definitions
Status: in_force

As used in this chapter, except where the context clearly indicates a different meaning:

(1) “Board” means the board of directors of a water control district created under the provisions of this chapter.

(2) “District” means a water control district created under this chapter.

(3) “Court” means the county court having jurisdiction over a water control district and includes the board of county commissioners.

(4) “Land” or “tract of land” means real property, together with improvements thereon, whether publicly or privately owned, within a district.

(5) “Landowner,” “owner,” “owner of land” and “owner in fee” are synonymous and mean a person, public body as defined in ORS 174.109 (“Public body” defined) , or the federal government or any agency thereof, owning a tract of land situated within a district, or within the boundaries of a proposed district. The vendee named in a bona fide contract of sale of a tract of land situated within a district shall be considered as a landowner to the exclusion of the vendor. Whenever two or more persons own a tract of land as tenants in common or by entirety, each such person shall be regarded as a landowner. The guardian, administrator or executor authorized to act as such of a person or estate owning land within a district shall be considered a landowner.

(6) “Works” means dams, storage reservoirs, canals, ditches, dikes, levees, revetments, and all other structures, facilities, improvements and property necessary or convenient for draining land, controlling flood or surface waters, or supplying lands with water for irrigation, domestic or other purposes.

(7) “Notice by publication” means the giving of notice by publication in a newspaper defined as a legal publication under the laws of Oregon in each county in which lands within a district are located. A notice of a hearing to be held before the board of a district or the court shall be published once each week for four consecutive weeks making four publications and the last publication of such notice shall be at least 10 days before the date set for the hearing. All other notices required to be published under the provisions of this chapter shall be published once each week for two consecutive weeks making two publications, and the last publication shall be at least five days before the date of the event for which the notice is given. This subsection does not apply to provision of notice for an election.

(8) “Engineering plan” means the plans and specifications for the works to be constructed or purchased within any subdistrict, including such maps, profiles, plans and other data as may be necessary to set forth the location, character of the work, the property benefited, taken or damaged, showing any and all rights of way or other property which may be required for the construction of any works, together with the estimates of the cost of the works and an estimate of the benefits and damages which will accrue to each tract of land within a subdistrict upon the construction or purchase of the works. A project work plan prepared for a subdistrict in cooperation with a soil and water conservation district may be adopted as the engineering plan, even though such project work plan is not the final construction plan, and does not give an estimate of the benefits and damages which will accrue to each tract.

(9) “Apportion” means to determine the proportionate share of any assessment which is to be borne by a tract of land subject to assessment or to determine the proportionate share of any charge which is to be borne by the owner or occupant of a tract of land. The determination shall be made by calculating the percentage ratio of the appraised benefits of a tract of land to the total appraised benefits accruing to all tracts of land, or owners and occupants thereof, subject to the assessment or charge and allocating to the tracts of land, or owners and occupants, the same percentage of the total sum of money to be raised by the assessment or charge.

(10) “New assessed valuation” means the assessed valuation of a tract of land as assessed by the county assessor for the county in which the land is located for the year in which an adjustment of benefits is made by a district.

(11) “Original appraised benefits” means the benefits determined to accrue to a tract of land by an appraisal.

(12) “Original assessed valuation” means the assessed valuation of a tract of land as assessed by the county assessor for the county in which the land is located for the year in which the original benefits were determined.

(13) “Record” means to file a document for recording with the county clerk of each county in which the lands within a district or subdistrict are located. [Amended by 1961 c.186 §4; 1965 c.623 §1; 1969 c.691 §1; 1983 c.83 §102; 1983 c.350 §307; 1991 c.459 §430c; 2003 c.802 §138]

Source: Section 553.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 558.100 — OR Code / Title 45 / Chapter 558 / Section 558.100
558.100 Proof of publication
Status: in_force

Proof of publication shall be filed by the applicant with the State Department of Agriculture at the time of the hearing. Proof of publication shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice. [1953 c.654 §9; 1975 c.420 §7]

Source: Section 558.100 — Proof of publication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 537.534 — OR Code / Title 45 / Chapter 537 / Section 537.534
537.534 Rules for permitting and administering aquifer storage and recovery projects
Status: in_force

(1) In accordance with this section, the Water Resources Commission shall establish rules for the permitting and administration of aquifer storage and recovery projects. The rules shall establish the Water Resources Department as the sole permitting agency for the projects, but the Department of Environmental Quality and the Oregon Health Authority may comment on permits for a project and recommend conditions to be included on the permit. When necessary, the applicant also shall obtain land use and development approval from a local government.

(2) Notwithstanding the provisions of ORS 537.130 (Permit to appropriate water required) , the Water Resources Commission shall establish by rule a procedure to allow a person to obtain a limited license to store and use water injected into an underground aquifer for aquifer storage and recovery testing purposes for a short term or fixed duration after the person complies with the notice provision set forth in ORS 537.144 (Request for right to use water under limited license) . The rules shall provide a 30-day public comment period before issuance of a limited license. The Water Resources Department may attach conditions to the limited license regarding monitoring, sampling and rates of recovery up to 100 percent of the injection quantity. Aquifer storage and recovery under a limited license may be conditioned by the Water Resources Department to protect existing ground water rights that rely upon the receiving aquifer and the injection source water. The Water Resources Department may revoke or modify the limited license to use the stored water acquired under a limited license if that use causes injury to any other water right or to a minimum perennial streamflow. The Water Resources Director may issue a limited license for aquifer storage and recovery purposes for a term of not more than five years. The license may be renewed if the applicant demonstrates further testing is necessary.

(3) To obtain a limited license for aquifer storage and recovery, the applicant shall provide to the Water Resources Department:

(a) Well construction information;

(b) Test results of the quality of the injection source water;

(c) Test results of the quality of the receiving aquifer water;

(d) The proposed injected water storage time, recovery rates and recovery schedule;

(e) Preliminary hydrogeologic information including a description of the aquifer, estimated flow direction and rate of movement, allocation of surface water, springs or wells within the area affected by aquifer storage and recovery wells;

(f) The fee established by rule by the commission pursuant to ORS 536.050 (Fees) (1)(L); and

(g) Any other information required by rule of the commission.

(4) Only after completion of a test program under a limited license issued under subsection (3) of this section may the applicant apply for a permanent aquifer storage and recovery permit. Each application for an aquifer storage and recovery permit shall be accompanied by the fee set forth in ORS 536.050 (Fees) for examination of an application for a permit to store water. The Water Resources Department shall be the sole permitting agency for the project and may place conditions on the permit consistent with rules adopted by the commission, but the Department of Environmental Quality and the Oregon Health Authority may review, comment on and recommend conditions to be included on the permit. When necessary, the applicant shall obtain land use and development approval from a local government. Where existing water rights for the injection source water have been issued, the Water Resources Department shall receive comments from interested parties or agencies, but the public interest review standards shall apply only to the matters raised by the aquifer storage and recovery permit application in the same manner as any new water right application, not to the underlying water rights. If new water rights for injection source water and aquifer storage and recovery are necessary, then the public interest review standards shall apply to the new permit application in the same manner as any new water right application. The Water Resources Director may refer policy matters to the commission for decision.

(5) The commission shall adopt rules consistent with this section to implement an aquifer storage and recovery program. The rules shall include:

(a) Requirements for reporting and monitoring the aquifer storage and recovery project aquifer impacts and for constituents reasonably expected to be found in the injection source water.

(b) Provisions that allow any person operating an aquifer storage and recovery project under a permit, upon approval by the Water Resources Department, to recover up to 100 percent of the water stored in the aquifer storage facility if valid scientific data gathered during operations under the limited license or permit demonstrate that the injected source water is not lost through migration or other means and that ground water otherwise present in the aquifer has not been irretrievably lost as a result of aquifer storage or retrieval. The Water Resources Department may place such other conditions on withdrawal of stored water necessary to protect the public health and environment, including conditions allowing reconsideration of the permit to comply with ORS 537.532 (Injection of ground water into aquifers) .

(c) The procedure for allowing the Department of Environmental Quality and the Oregon Health Authority to comment on and recommend permit conditions.

(6) The use of water under a permit as injection source water for an aquifer storage and recovery project up to the limits allowed in subsection (5)(b) of this section shall not affect the priority date of the water right permit or otherwise affect the right evidenced by the permit.

(7) The holder of a permit for aquifer storage and recovery shall apply for a transfer or change of use if the use of recovered water is different from that which is allowed in the source water permit or certificate. [1995 c.487 §4; 1997 c.587 §2; 1999 c.665 §3; 2003 c.594 §6; 2009 c.595 §985]

Source: Section 537.534 — Rules for permitting and administering aquifer storage and recovery projects; limited license for test program; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 553.740 — OR Code / Title 45 / Chapter 553 / Section 553.740
553.740 Issuance of warrants
Status: in_force

After the amount of a levy under ORS 553.710 (Intergovernmental agreements) is determined and turned over to the county assessor, a district may issue warrants to an amount not in excess of 75 percent of the amount of the levy. The warrants shall be serially numbered and shall bear interest of not more than six percent and shall be paid by the treasurer of the district in the order of issuance upon receipt of funds from the county treasurer.

Source: Section 553.740 — Issuance of warrants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.295 — OR Code / Title 45 / Chapter 545 / Section 545.295
545.295 Conditions required in certain districts before delivering water to additional lands
Status: in_force

(1) Notwithstanding any other provisions of this chapter, in any irrigation district that was formed before April 23, 1959, and that lies entirely west of the summit of the Cascade Mountains, the board of directors shall, as a condition precedent to the delivery of water and the charging and assessment of any lands within the district that have not been irrigated or charged or assessed, determine:

(a) That the delivery of water to the lands will not result in an inadequate supply of water deliverable to the other lands within the district charged or assessed at that time; and

(b) That the lands can be served by the facilities of the district without impairing the ability of the district adequately to serve the lands previously charged or assessed.

(2) After making the determination required by subsection (1) of this section the board of directors may, as a condition for the delivery of water and the charging or assessment of the lands, require that the applicants contract to pay to the district such sums as the board determines. However, these sums shall not exceed the amount the applicants or their predecessors in interest would have been required to pay to the district for charges and assessments for the payment of their pro rata share of all bonds previously issued and the interest on the bonds, or other indebtedness incurred by the district, had such lands been included in the district when such bonds were issued or such indebtedness incurred. However, there shall be credited to these sums any amount previously paid on behalf of these lands on the bonds or indebtedness.

(3) The charges made under subsection (2) of this section shall be set forth in the order allowing the inclusion of the lands in the district. A certified copy of the order shall be recorded in the same manner as provided by ORS 545.079 (Recording of order including lands in district) and the charges and assessments paid, collected and enforced as provided by that section.

(4) For the purposes of this section the summit of the Cascade Mountains is considered to be a line beginning at the intersection of the western boundary of Hood River County with the northern boundary of the State of Oregon, thence southerly along the western boundaries of the counties of Hood River, Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon. [Formerly 545.065]

Source: Section 545.295 — Conditions required in certain districts before delivering water to additional lands; order; charges and assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.545 — OR Code / Title 45 / Chapter 537 / Section 537.545
537.545 Exempt uses
Status: in_force

(1) A registration, certificate of registration, application for a permit, permit, certificate of completion or ground water right certificate under ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) is not required for the use of ground water for:

(a) Stockwatering purposes, unless the use exceeds 12,000 gallons per day and occurs at a new confined animal feeding operation, as defined in ORS 468B.215 (Fees) ;

(b) Watering any lawn or noncommercial garden not exceeding one-half acre in area;

(c) Watering the lawns, grounds and fields not exceeding 10 acres in area of schools located within a critical ground water area established pursuant to ORS 537.730 (Designation of critical ground water area) to 537.740 (Filing rules designating critical ground water area) ;

(d) Single or group domestic purposes in an amount not exceeding 15,000 gallons a day;

(e) Down-hole heat exchange purposes;

(f) Any single industrial or commercial purpose in an amount not exceeding 5,000 gallons a day; or

(g) Land application, so long as the ground water:

(A) Has first been appropriated and used under a permit or certificate issued under ORS 537.625 (Final order) or 537.630 (Time allowed for construction work under permit) for a water right issued for industrial purposes or a water right authorizing use of water for confined animal feeding purposes;

(B) Is reused for irrigation purposes and the period of irrigation is a period during which the reused water has never been discharged to the waters of the state; and

(C) Is applied pursuant to a permit issued by the Department of Environmental Quality or the State Department of Agriculture under either ORS 468B.050 (Water quality permit) to construct and operate a disposal system or ORS 468B.215 (Fees) to operate a confined animal feeding operation.

(2) A ground water use for a purpose that is exempt under subsection (1) of this section, to the extent that the use is beneficial, constitutes a right to appropriate ground water equal to that established by a ground water right certificate issued under ORS 537.700 (Issuing ground water right certificate) .

(3) Except for the use of water under subsection (1)(g) of this section, the Water Resources Commission by rule may require any person or public agency using ground water for any such purpose to furnish information with regard to such ground water and the use thereof. For a use of water described in subsection (1)(g) of this section, the Department of Environmental Quality or the State Department of Agriculture shall provide to the Water Resources Department a copy of the permit issued under ORS 468B.050 (Water quality permit) or 468B.215 (Fees) authorizing the land application of ground water for reuse. The permit shall provide the information regarding the place of use of such water and the nature of the beneficial reuse.

(4) If it is necessary for the Water Resources Department to regulate the use or distribution of ground water, including uses for purposes that are exempt under subsection (1) of this section, the department shall use as a priority date for the exempt uses the date indicated in the log for the well filed with the department under ORS 537.765 (Log of constructing, altering, abandoning or converting well) or other documentation provided by the well owner showing when water use began.

(5) The person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4) that constructs a well to allow ground water use for a purpose that is exempt under subsection (1) of this section shall provide the Water Resources Department with a map showing the exact location of the well on the tax lot. The person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4) that constructs a well shall provide a map required by this subsection to the department, along with the well log required by ORS 537.765 (Log of constructing, altering, abandoning or converting well) , no later than 30 days after the well is completed. The map must be prepared in accordance with standards established by the department. The map and well log must be accompanied by the fee described in subsection (6) of this section to record the exempt ground water use.

(6) The Water Resources Department shall collect a fee of $300 for recording an exempt ground water use under subsection (5) of this section. Moneys from fees collected under this subsection shall be deposited to the credit of the Water Resources Department Water Right Operating Fund. Notwithstanding ORS 536.009 (Water Resources Department Water Right Operating Fund) , moneys deposited to the fund under this subsection shall be used for the purposes of evaluating ground water supplies, conducting ground water studies, carrying out ground water monitoring, processing ground water data and the administration and enforcement of this subsection and subsections (3), (5) and (7) of this section.

(7) The Water Resources Commission shall adopt rules to implement, administer and enforce subsections (5) and (6) of this section. [1955 c.708 §5; 1983 c.372 §1; 1983 c.698 §1; 1985 c.673 §48; 1989 c.99 §1; 1989 c.833 §57; 1997 c.244 §3; 2001 c.248 §12; 2003 c.594 §2; 2009 c.819 §1; 2021 c.610 §20; 2023 c.465 §10]

Note: The amendments to 537.545 (Exempt uses) by section 11, chapter 465, Oregon Laws 2023, become operative September 15, 2027. See section 12, chapter 465, Oregon Laws 2023. The text that is operative on and after September 15, 2027, is set forth for the user’s convenience.

537.545 (Exempt uses) . (1) A registration, certificate of registration, application for a permit, permit, certificate of completion or ground water right certificate under ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) is not required for the use of ground water for:

(a) Stockwatering purposes;

(b) Watering any lawn or noncommercial garden not exceeding one-half acre in area;

(c) Watering the lawns, grounds and fields not exceeding 10 acres in area of schools located within a critical ground water area established pursuant to ORS 537.730 (Designation of critical ground water area) to 537.740 (Filing rules designating critical ground water area) ;

(d) Single or group domestic purposes in an amount not exceeding 15,000 gallons a day;

(e) Down-hole heat exchange purposes;

(f) Any single industrial or commercial purpose in an amount not exceeding 5,000 gallons a day; or

(g) Land application, so long as the ground water:

(A) Has first been appropriated and used under a permit or certificate issued under ORS 537.625 (Final order) or 537.630 (Time allowed for construction work under permit) for a water right issued for industrial purposes or a water right authorizing use of water for confined animal feeding purposes;

(B) Is reused for irrigation purposes and the period of irrigation is a period during which the reused water has never been discharged to the waters of the state; and

(C) Is applied pursuant to a permit issued by the Department of Environmental Quality or the State Department of Agriculture under either ORS 468B.050 (Water quality permit) to construct and operate a disposal system or ORS 468B.215 (Fees) to operate a confined animal feeding operation.

(2) A ground water use for a purpose that is exempt under subsection (1) of this section, to the extent that the use is beneficial, constitutes a right to appropriate ground water equal to that established by a ground water right certificate issued under ORS 537.700 (Issuing ground water right certificate) .

(3) Except for the use of water under subsection (1)(g) of this section, the Water Resources Commission by rule may require any person or public agency using ground water for any such purpose to furnish information with regard to such ground water and the use thereof. For a use of water described in subsection (1)(g) of this section, the Department of Environmental Quality or the State Department of Agriculture shall provide to the Water Resources Department a copy of the permit issued under ORS 468B.050 (Water quality permit) or 468B.215 (Fees) authorizing the land application of ground water for reuse. The permit shall provide the information regarding the place of use of such water and the nature of the beneficial reuse.

(4) If it is necessary for the Water Resources Department to regulate the use or distribution of ground water, including uses for purposes that are exempt under subsection (1) of this section, the department shall use as a priority date for the exempt uses the date indicated in the log for the well filed with the department under ORS 537.765 (Log of constructing, altering, abandoning or converting well) or other documentation provided by the well owner showing when water use began.

(5) The person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4) that constructs a well to allow ground water use for a purpose that is exempt under subsection (1) of this section shall provide the Water Resources Department with a map showing the exact location of the well on the tax lot. The person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4) that constructs a well shall provide a map required by this subsection to the department, along with the well log required by ORS 537.765 (Log of constructing, altering, abandoning or converting well) , no later than 30 days after the well is completed. The map must be prepared in accordance with standards established by the department. The map and well log must be accompanied by the fee described in subsection (6) of this section to record the exempt ground water use.

(6) The Water Resources Department shall collect a fee of $300 for recording an exempt ground water use under subsection (5) of this section. Moneys from fees collected under this subsection shall be deposited to the credit of the Water Resources Department Water Right Operating Fund. Notwithstanding ORS 536.009 (Water Resources Department Water Right Operating Fund) , moneys deposited to the fund under this subsection shall be used for the purposes of evaluating ground water supplies, conducting ground water studies, carrying out ground water monitoring, processing ground water data and the administration and enforcement of this subsection and subsections (3), (5) and (7) of this section.

(7) The Water Resources Commission shall adopt rules to implement, administer and enforce subsections (5) and (6) of this section.

Source: Section 537.545 — Exempt uses; map; filing of use; fee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 539.150 — OR Code / Title 45 / Chapter 539 / Section 539.150
539.150 Court proceedings to review determination of director
Status: in_force

(1) From and after the filing of the evidence and order of determination in the circuit court, the proceedings shall be like those in an action not triable by right to a jury, except that any proceedings, including the entry of a judgment, may be had in vacation with the same force and effect as in term time. At any time prior to the hearing provided for in ORS 539.130 (Findings of fact and determination of director) , any party or parties jointly interested may file exceptions in writing to the findings and order of determination, or any part thereof, which exceptions shall state with reasonable certainty the grounds and shall specify the particular paragraphs or parts of the findings and order excepted to.

(2) A copy of the exceptions, verified by the exceptor or certified to by the attorney for the exceptor, shall be served upon each claimant who was an adverse party to any contest wherein the exceptor was a party in the proceedings, prior to the hearing. Service shall be made by the exceptor or the attorney for the exceptor upon each such adverse party in person, or upon the attorney if the adverse party has appeared by attorney, or upon the agent of the adverse party. If the adverse party is a nonresident of the county or state, the service may be made by mailing a copy to that party by registered mail or by certified mail with return receipt, addressed to the place of residence of that party, as set forth in the proof filed in the proceedings.

(3) If no exceptions are filed the court shall, on the day set for the hearing, enter a judgment affirming the determination of the Water Resources Director. If exceptions are filed, upon the day set for the hearing the court shall fix a time, not less than 30 days thereafter, unless for good cause shown the time be extended by the court, when a hearing will be had upon the exceptions. All parties may be heard upon the consideration of the exceptions, and the director may appear on behalf of the state, either in person or by the Attorney General. The court may, if necessary, remand the case for further testimony, to be taken by the director or by a referee appointed by the court for that purpose. Upon completion of the testimony and its report to the director, the director may be required to make a further determination.

(4) After final hearing the court shall enter a judgment affirming or modifying the order of the director as the court considers proper, and may assess such costs as it may consider just except that a judgment for costs may not be rendered against the United States. An appeal may be taken to the Court of Appeals from the judgment in the same manner and with the same effect as in other cases in equity, except that notice of appeal must be served and filed within 60 days from the entry of the judgment. [Amended by 1979 c.284 §165; 1989 c.691 §12; 1991 c.249 §50]

Source: Section 539.150 — Court proceedings to review determination of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 554.012 — OR Code / Title 45 / Chapter 554 / Section 554.012
554.012 Forms
Status: in_force

Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter. The Secretary of State may by rule require the use of the forms. [1987 c.94 §138; 1995 c.215 §29]

Source: Section 554.012 — Forms; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 537.622 — OR Code / Title 45 / Chapter 537 / Section 537.622
537.622 Contested case hearing
Status: in_force

(1) Within 45 days after the Water Resources Director schedules a contested case hearing under ORS 537.621 (Review of application) (9), the Water Resources Department shall hold the contested case hearing. The issues to be considered in the contested case hearing shall be limited to issues identified by the administrative law judge.

(2) Notwithstanding the provisions of ORS chapter 183 pertaining to contested case proceedings, the parties to any contested case hearing initiated under this section shall be limited to:

(a) The applicant;

(b) Any person who timely filed a protest; and

(c) Any person who timely filed a request for standing under ORS 537.621 (Review of application) (6) and who requests to intervene in the contested case hearing prior to the start of the proceeding.

(3) The contested case proceeding shall be conducted in accordance with the applicable provisions of ORS chapter 183 except:

(a) As provided in subsections (1) and (2) of this section; and

(b) An interlocutory appeal under ORS 183.480 (Judicial review of agency orders) (3) shall not be allowed.

(4) Each person submitting a protest or a request for standing shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person’s position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or in a hearing or failure to provide sufficient specificity to afford the Water Resources Department an opportunity to respond to the issue precludes judicial review based on that issue. [1957 c.341 §2; 1983 c.740 §213; 1985 c.673 §56; 1995 c.416 §27; 2003 c.75 §97]

Source: Section 537.622 — Contested case hearing; parties; issues , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 551.070 — OR Code / Title 45 / Chapter 551 / Section 551.070
551.070 Advertisement for bids
Status: in_force

When the tax has been collected or the application filed as provided in ORS 551.080 (Application for payment of assessments in installments) , the county court shall advertise for bids on the proposed work, either as a whole or in parts, as may be deemed most economical. The advertisement for bids shall be published in the official county paper once each week for two successive weeks previous to letting the contracts. The contracts shall be drawn in such terms as will insure the district against loss, and a bond required of the contractor such as will insure the completion of the work in case of failure to comply with the agreement. No contract shall be awarded which calls for an expenditure of a sum of money greater than the tax levied for the purpose; provided, that the difference may be made up by personal subscriptions; and provided also, the court may modify the plan so as to bring the cost of work within the tax levy, if such modification can be made without material detriment to the improvements.

Source: Section 551.070 — Advertisement for bids; contracts; bond; personal subscriptions; modification of plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 536.910 — OR Code / Title 45 / Chapter 536 / Section 536.910
536.910 Amount of penalty
Status: in_force

After public hearing, the Water Resources Commission by rule shall adopt a schedule establishing the civil penalty that may be imposed under ORS 536.900 (Civil penalties) and the time allowed to correct each violation. However, the civil penalty may not exceed $5,000 for each violation. [1989 c.618 §3]

Note: See note under 536.900 (Civil penalties) .

Source: Section 536.910 — Amount of penalty; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 541.916 — OR Code / Title 45 / Chapter 541 / Section 541.916
541.916 Responsibilities of state agency participating in Oregon Plan
Status: in_force

Any state agency participating in the programs and activities described in ORS 541.898 (Oregon Plan described) shall:

(1) Upon request of any person who believes the person’s private property rights may be adversely affected by the Oregon Plan, provide the person with written information about the agency’s dispute resolution services available pursuant to ORS 183.502 (Authority of agencies to use alternative means of dispute resolution) .

(2) Report to the appropriate legislative committee any dispute resolution services requested under this section, and the outcome of such dispute resolution. [Formerly 541.411]

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

Source: Section 541.916 — Responsibilities of state agency participating in Oregon Plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 547.420 — OR Code / Title 45 / Chapter 547 / Section 547.420
547.420 Liability for cost of work
Status: in_force

(1) Upon completion of the work the board of supervisors shall bill the owner or occupant of the premises for the expense necessarily incurred in the repair, grading or cleaning of the canal, ditch, lateral, drain, slough, waterway or conduit.

(2) If any charge remains unpaid beyond the due date thereof, the secretary of the district may file a notice of claim of lien with the county clerk of the county in which the lands for which the charges were billed are situated. The notice of lien shall be in writing and must contain:

(a) The name of the landowner or occupier who was billed.

(b) A statement of the amount claimed past due.

(c) A description of the land upon which the work was completed sufficient for identification.

(3) The county clerk shall cause the notice of lien to be recorded in the County Clerk Lien Record maintained under ORS 205.125 (County Clerk Lien Record) . The amount of the charges and expense, as of the date the notice of lien is filed, shall constitute a first lien upon the lands or premises, except as to taxes. If the charges and expenses are not paid and the lien discharged by the owner or occupant within 30 days from the date the notice is filed, suit or action may be brought in the name of the drainage district for the foreclosure of the lien. The suit or action shall be brought by the district attorney, or, at the option of the board, by an attorney employed by the board. The lands affected thereby shall be sold under execution for the payment and satisfaction of the lien and of the costs and disbursements incurred in connection with the prosecution of the suit or action. [Amended by 1991 c.459 §425i]

Source: Section 547.420 — Liability for cost of work; notice of claim of lien; foreclosure; sale of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 541.545 — OR Code / Title 45 / Chapter 541 / Section 541.545
541.545 Compliance with orders of commission
Status: in_force

(1) No person shall fail to comply with an order of the Water Resources Commission made as provided in ORS 541.520 (Procedure when owner or operator of structure fails to request hearing) or 541.530 (Order of commission regulating release of water) .

(2) The commission may enforce any order made as provided in ORS 541.520 (Procedure when owner or operator of structure fails to request hearing) or 541.530 (Order of commission regulating release of water) , and may prosecute proceedings to enjoin violations of subsection (1) of this section. [1961 c.379 §§7,8; 1985 c.673 §111]

Source: Section 541.545 — Compliance with orders of commission; enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 558.054 — OR Code / Title 45 / Chapter 558 / Section 558.054
558.054 Deposit of cash or other security to meet financial responsibility
Status: in_force

(1) A person may satisfy the financial responsibility requirements of ORS 558.050 (Proof of financial responsibility) by depositing with the State Department of Agriculture the following:

(a) Cash;

(b) Legally issued general obligations of the United States, the agencies and instrumentalities of the United States and the States of Oregon, Washington, Idaho and California;

(c) Certificates of deposit or other similar instruments if the instruments are insured by the Federal Deposit Insurance Corporation; or

(d) Any combination of cash or instruments described in this subsection.

(2) The department shall hold the deposit under terms and conditions that the department designates by rule. The department may deliver the deposit to the State Treasurer, who shall receive and hold the deposit subject to the order of the department. The depositor shall reimburse the State Treasurer for any expenses incurred by the State Treasurer in mailing, insuring, shipping or delivering the cash or instruments in the deposit.

(3) The department, by order, may authorize the State Treasurer to use the deposit as follows:

(a) To satisfy any execution on a judgment that is against the person making the deposit for an accident described in ORS 558.050 (Proof of financial responsibility) and that results from a cause of action that accrued after the deposit was made; or

(b) To release any or all of the deposit to the depositor or other person as the department considers appropriate.

(4) While deposited with the department, the cash or instruments in the deposit are not subject to attachment or execution unless the attachment or execution arises out of a judgment against the person making the deposit for an accident described in ORS 558.050 (Proof of financial responsibility) and that results from a cause of action that accrued after the deposit was made.

(5) The department shall issue the depositor a certificate evidencing the deposit. [2003 c.175 §17]

Source: Section 558.054 — Deposit of cash or other security to meet financial responsibility; rules; use of deposit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 545.123 — OR Code / Title 45 / Chapter 545 / Section 545.123
545.123 Redivision of district
Status: in_force

(1) When land is excluded from a district by proceedings under ORS 545.097 (Exclusion of tracts) , 545.099 (Petition for exclusion of lands from district) , 545.101 (Exclusion of subdivisions with three or more tracts on each acre of land) , 545.105 (Assent of bondholders) or 545.109 (Recording minutes of board) , if the district is subdivided for the election of directors and as a result of the exclusion of the land the deviation in acreage among the divisions is greater than 10 percent, the board of directors, not earlier than 30 days after the final order making the exclusion, shall make an order redividing the district. Redivision shall be done in the same manner as provided for the initial division of the district in ORS 545.033 (Naming and division of districts) (2).

(2) If redivision results in the creation of a division without a qualified representative on the board of directors, the position of director from that division shall be filled at the next general election of the district. When the newly elected director assumes office, if there are two or more directors from another division, the term of office of the director having the least time left to serve shall expire. The initial term of office of the newly elected director shall be the same as the remaining term of the director whose term expires as provided under this subsection. [Formerly 545.618; 1999 c.452 §14]

Source: Section 545.123 — Redivision of district; election of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.090 — OR Code / Title 45 / Chapter 553 / Section 553.090
553.090 Nature and powers of district
Status: in_force

A water control district formed under the provisions of this chapter has full power to carry out the objects of its creation and to that end may:

(1) Have and use a seal.

(2) Have perpetual succession.

(3) Sue and be sued in its own name.

(4) Acquire by condemnation, purchase, devise, gift or voluntary grant real and personal property or any interest therein, located inside or outside of the boundaries of the district.

(5) Enter into intergovernmental agreements under ORS chapter 190 for the construction, preservation, improvement, operation or maintenance of any works.

(6) Build, construct, purchase, improve, operate and maintain, subject to other applicable provisions of law, all works and improvements necessary or desirable under any engineering plan adopted by the district.

(7) Enter into contracts and employ agents, engineers and attorneys.

(8) Appropriate and acquire water and water rights and sell, lease and deliver water for irrigation and other purposes both inside and outside the district.

(9) Create special assessment districts, hereinafter referred to as subdistricts, for the purpose of levying assessments against lands benefited by works constructed by the district or ad valorem taxes on all taxable property within the subdistrict.

(10) Levy assessments against lands benefited by works constructed by the district or, in lieu of all assessments provided for by ORS 553.510 (Special assessments) (2), (3) and (4), levy ad valorem taxes on all taxable property within the subdistrict in order to provide funds for the construction, purchase, improvement, operation or maintenance of such works.

(11) Borrow money and issue notes, bonds, and other indebtedness secured by mortgage liens, pledge of special assessments as provided in ORS 553.510 (Special assessments) , or pledge of other income or revenue of the district, or any combination thereof.

(12) In addition to or in lieu of the levy of assessments against the lands of the district, impose and collect service charges upon the owners or occupants of the property served by the works of the district and impose and collect user charges, fees and tolls for use of the works, facilities and services of the district.

(13) Do such other acts or things as may be necessary for the proper exercise of the powers herein granted. [Amended by 1965 c.623 §5; 1991 c.459 §430d; 2003 c.802 §139]

Source: Section 553.090 — Nature and powers of district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 543.664 — OR Code / Title 45 / Chapter 543 / Section 543.664
543.664 Rules relating to joint projects of districts and private persons
Status: in_force

The Water Resources Commission shall establish rules necessary to carry out the provisions of ORS 543.662 (Authority of district to develop joint project with private person) . The rules shall include the amount of control over and interest in a joint project a district must retain in order to receive the benefit of the municipal preference and proceed under the municipal application process set forth in ORS chapter 537. [1985 c.561 §3]

Source: Section 543.664 — Rules relating to joint projects of districts and private persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 554.315 — OR Code / Title 45 / Chapter 554 / Section 554.315
554.315 Annual report
Status: in_force

(1) Every corporation organized under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) shall submit to the Office of Secretary of State for filing an annual report that sets forth:

(a) The name of the corporation and the state or country under whose law it is incorporated;

(b) The street address of its registered office and the name of its registered agent at the office in this state;

(c) The address, including street and number and mailing address, if different, of its principal office;

(d) The names and addresses of the president and secretary of the corporation;

(e) The category of the classification code established by rule of the Secretary of State most closely designating the primary business activity of the corporation; and

(f) Additional identifying information that the Secretary of State may require by rule.

(2) The information contained in the annual report shall be current as of 30 days before the anniversary of the corporation. The report shall be submitted not later than the anniversary date and a copy of the report shall be filed with the county treasurer referred to in ORS 554.160 (Assessments to provide funds to meet obligations) .

(3) The Secretary of State shall mail the annual report form to any address shown for the corporation in the current records of the office. Failure of the corporation to receive the annual report form from the Secretary of State shall not relieve the corporation of its duty to deliver an annual report to the office as required by this section.

(4) If an annual report does not contain the information required by this section, the Secretary of State shall notify the reporting corporation in writing and return the report to it for correction. The corporation must correct the error within 45 days after the Secretary of State gives such notice.

(5) The corporation may deliver to the office for filing an amendment to the annual report if a change in the information set forth in the annual report occurs after the report is delivered to the office for filing and before the next anniversary. This subsection applies only to a change that is not required to be made by an amendment to the articles of incorporation. The amendment to the annual report must set forth:

(a) The name of the corporation as shown on the records of the office; and

(b) The information as changed. [1991 c.132 §19]

Note: 554.315 (Annual report) was added to and made a part of ORS chapter 554 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 554.315 — Annual report; contents; filing with Secretary of State; amended report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 538.170 — OR Code / Title 45 / Chapter 538 / Section 538.170
538.170 Johnson Creek in Multnomah and Clackamas Counties
Status: in_force

(1) Except as provided in subsection (2) of this section, the waters of Johnson Creek, a tributary of the Willamette River and located in Multnomah and Clackamas Counties and all tributaries thereof, except flows of Crystal Springs Creek and its tributaries in excess of 10 cubic feet per second measured at the mouth of Crystal Springs Creek:

(a) Are withdrawn from appropriation or condemnation; and

(b) Shall not be diverted or interrupted for any purpose whatsoever, except for the purpose of protecting fish life therein by the State Department of Fish and Wildlife or for the purpose of developing hydroelectric power not to exceed 25 theoretical horsepower if such hydroelectric development does not diminish perennial streamflow required for the maintenance of fish life.

(2) The tributaries withdrawn from appropriation and condemnation, but not the main channel, of Johnson Creek are open to appropriation and storage from December 1 to June 1 of each year. Water stored during this period may be used at any time. [Amended by 1953 c.221 §2; 1965 c.249 §1; 1973 c.50 §1; 1979 c.360 §1]

Source: Section 538.170 — Johnson Creek in Multnomah and Clackamas Counties; limitations on appropriation or diversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 537.463 — OR Code / Title 45 / Chapter 537 / Section 537.463
537.463 Applicability of ORS 537.455 to 537.500
Status: in_force

The provisions of ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) establish a voluntary program and apply only to those persons who choose to apply for an allocation of conserved water under ORS 537.465 (Application for allocation of conserved water) . [1993 c.641 §11; 2003 c.93 §2]

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

Source: Section 537.463 — Applicability of ORS 537.455 to 537.500 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 554.590 — OR Code / Title 45 / Chapter 554 / Section 554.590
554.590 Articles of amendment
Status: in_force

(1) If an application to include or exclude lands is approved, articles of amendment shall set forth:

(a) The name of the corporation.

(b) A reference to the provision in the original or amended articles of the corporation affected and a statement of the particular land by legal subdivisions so far as possible and otherwise by tracts or lots of duly platted land or by metes and bounds, with the acreage thereof and the name of the owner as shown by the records of the county, included or excluded by the amendment.

(c) The date the members approved the inclusion or exclusion of the land.

(2) The articles of amendment shall be submitted to the Office of the Secretary of State for filing. The requirements for filing a document under ORS 554.005 (Filing requirements) apply to articles of amendment under this section.

(3) From the date that the Secretary of State files the articles of amendment, the lands described in the amendment shall be included or excluded from the corporation as recited in the amendment.

(4) The corporation shall file a true copy of the articles of amendment with the county recording officer of the county where the land included or excluded by the amendment is situated. [1963 c.103 §10; 1971 c.200 §11; 1987 c.94 §159]

Source: Section 554.590 — Articles of amendment; filing; effective date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 543a.400 — OR Code / Title 45 / Chapter 543a / Section 543a.400
543A.400 Duties of Hydroelectric Application Review Team
Status: in_force

(1) The duties of a Hydroelectric Application Review Team shall be determined on the basis of the operating authority of the project that the team is responsible for reviewing.

(2) A team responsible for reviewing a state project shall:

(a) Make an initial determination of whether the state project may proceed under an expedited reauthorization process under ORS 543A.040 (Process determination) and, if so, develop a proposed final order under ORS 543A.040 (Process determination) .

(b) If a state project does not qualify for the expedited process under ORS 543A.040 (Process determination) :

(A) Convene a public scoping meeting under ORS 543A.045 (Public scoping meeting) ;

(B) Review the application report and prepare a draft proposed final order under ORS 543A.055 (Hydroelectric Application Review Team review of application) ;

(C) Revise the draft proposed final order and submit the proposed final order to the Water Resources Department for further processing as set forth in ORS 543A.120 (Proposed final order) to 543A.300 (Decommissioning) ; and

(D) Review protests received and recommended responses to the protests as required under ORS 543A.120 (Proposed final order) .

(3) A team responsible for reviewing a federally licensed project shall:

(a) Represent the state in any federal proceeding to reauthorize the federal license for the project;

(b) Participate in the state process in accordance with ORS 543A.085 (Public scoping meeting) , 543A.090 (Mid-study status report) , 543A.105 (Hydroelectric Application Review Team review of final application) , 543A.110 (Water quality certification) and 543A.115 (Final unified state position) ;

(c) Recommend a state response to a request for certification for reauthorization of a federally licensed project under ORS 468B.040 (Certification of hydroelectric power project) ; and

(d) Develop a state position as required under 16 U.S.C. 803(j).

(4) The Water Resources Department may also convene a team to:

(a) Coordinate the activities of all state agencies involved in decommissioning a project.

(b) Develop a unified state position for a project that is subject to federal relicensing but that operates under a water right that does not expire. The unified state position developed under this paragraph shall include the elements set forth in ORS 543A.105 (Hydroelectric Application Review Team review of final application) except for the reauthorization of the state water right. In developing the unified state position under this paragraph the team shall participate to the fullest extent possible in all proceedings conducted pursuant to the Federal Energy Regulatory Commission relicensing process for the project. [1997 c.449 §32]

Source: Section 543A.400 — Duties of Hydroelectric Application Review Team , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 540.576 — OR Code / Title 45 / Chapter 540 / Section 540.576
540.576 Notice of petition
Status: in_force

After filing a petition under ORS 540.572 (Application of certificated water elsewhere within district) , the district shall send a copy of the petition and map and a notice to the users of the district whose right of record is to be transferred and who are to receive the transferred right. The copy of the petition and the notice shall be sent to the last-known address of the user with a return receipt requested. The notice accompanying the petition shall advise the user that:

(1) Sixty days after the date of mailing of the notice, the Water Resources Commission shall accept the petition and the water right shall be transferred unless a protest is filed or the petition does not meet the requirements of ORS 540.572 (Application of certificated water elsewhere within district) to 540.580 (Permanent transfer of place of use of water within district) ; and

(2) The user has the right to protest the petition and transfer in the manner described in ORS 540.578 (Filing of protest) . [1991 c.957 §5]

Source: Section 540.576 — Notice of petition; protest; user rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.160 — OR Code / Title 45 / Chapter 537 / Section 537.160
537.160 Approval for beneficial use
Status: in_force

(1) Subject to the provisions of subsections (2) and (3) of this section, and of ORS 537.170 (Contested case hearing on application) and 537.190 (Terms and conditions of approval) , the Water Resources Department shall approve all applications made in proper form which contemplate the application of water to a beneficial use, unless the proposed use conflicts with existing rights.

(2) The department may not approve an application for a permit to appropriate waste or seepage water, which is to be carried through an existing ditch or canal not owned wholly by the applicant until the applicant files with the department an agreement between the applicant and the owner of the ditch or canal, authorizing its use by the applicant to carry the water.

(3) The department shall reject every application for a permit to appropriate water to develop hydroelectric power if the department finds that the proposed project does not comply with the standards set forth in ORS 543.017 (Minimum standards for development of hydroelectric power) or rules adopted by the Water Resources Commission under ORS 543.017 (Minimum standards for development of hydroelectric power) . [Amended by 1985 c.569 §18; 1985 c.673 §197; 1995 c.416 §12]

Source: Section 537.160 — Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543a.135 — OR Code / Title 45 / Chapter 543a / Section 543a.135
543A.135 Exceptions to final order
Status: in_force

(1) Within 20 days after the Water Resources Director issues a final order under ORS 543A.130 (Contested case hearing) after the conclusion of a contested case hearing, any party may file exceptions to the order with the Water Resources Commission.

(2) The commission shall issue a modified order, if the exceptions are allowed, or deny the exceptions within 60 days after the close of the exception period under subsection (1) of this section. [1997 c.449 §26]

Source: Section 543A.135 — Exceptions to final order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 536.490 — OR Code / Title 45 / Chapter 536 / Section 536.490
536.490 Attendance at conferences and meetings
Status: in_force

The Water Resources Commission, or any member thereof or any other person designated by the commission, may attend and participate in any public conference, meeting or hearing held within or without this state for the purpose of considering water resources problems. [1955 c.707 §24]

Source: Section 536.490 — Attendance at conferences and meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 543a.305 — OR Code / Title 45 / Chapter 543a / Section 543a.305
543A.305 Conversion of hydroelectric water right to in-stream water right
Status: in_force

(1) As used in this section:

(a) “Holder” has the meaning given that term in ORS 543.075 (Definitions for ORS 543.075 to 543.092) .

(b) “In-stream water right” has the meaning given that term in ORS 537.332 (Definitions for ORS 537.332 to 537.360) .

(c) “Reauthorize” has the meaning given that term in ORS 543.075 (Definitions for ORS 543.075 to 543.092) .

(2) An in-stream water right shall be subject to the limitations of ORS 537.350 (Legal status of in-stream water right) and shall be maintained in perpetuity, in trust for the people of the State of Oregon. The priority date of the in-stream water right shall be the same as that of the converted hydroelectric water right. The location of the in-stream water right shall be the same as the point of diversion identified in the hydroelectric water right.

(3) Five years after the use of water under a hydroelectric water right ceases, or upon expiration of a hydroelectric water right not otherwise extended or reauthorized, or at any time earlier with the written consent of the holder of the hydroelectric water right, up to the full amount of the water right associated with the hydroelectric project shall be converted to an in-stream water right, upon a finding by the Water Resources Director that the conversion will not result in injury to other existing water rights. In making the evaluation, the director shall consider the actual use of the hydroelectric project and the resulting impacts on actual use by other existing water rights as of October 23, 1999. The director may include mitigation measures as conditions of the in-stream water right to avoid injury and to ensure the continuation of authorized water uses by other existing water rights.

(4) If the hydroelectric project is authorized by a pre-1909 unadjudicated claim of registration, the determination of injury shall be based upon an evaluation of the actual use as measured during the five years preceding the conversion action, and shall not constitute a determination under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication) as to the underlying claim of registration of the pre-1909 use. Judicial review of a final order relating to such a conversion shall be limited to review of the conversion action.

(5) This section shall not apply to projects on boundary waters that operate with water rights issued by the State of Oregon and by any other state except upon the written request of the water right holder.

(6) If hydroelectric production is not the sole beneficial use authorized by a water right, this section shall apply only to conversion of that portion of the water right used exclusively for hydroelectric purposes.

(7) This section shall not apply if the holder, at any time prior to conversion under subsection (3) of this section, transfers the hydroelectric water right under 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) , except that if a time-limited hydroelectric water right is transferred under 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) , the provisions of this section shall apply at the time of expiration of the time-limited water right. [1999 c.873 §2]

Note: 543A.305 (Conversion of hydroelectric water right to in-stream water right) was added to and made a part of 543A.005 (Definitions) to 543A.410 (Fee schedule) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 543A.305 — Conversion of hydroelectric water right to in-stream water right; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 553.550 — OR Code / Title 45 / Chapter 553 / Section 553.550
553.550 Loans
Status: in_force

A district may borrow money and secure repayment of the same by the assignment of any assessments theretofore levied. Whenever a levied assessment is assigned to secure the repayment of any sum of money borrowed, the assessment shall be paid to the assignee thereof or the agent of the assignee.

Source: Section 553.550 — Loans; assignment of assessments as security for , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 558.210 — OR Code / Title 45 / Chapter 558 / Section 558.210
558.210 Incorporation for weather modification
Status: in_force

Any designated area within a county bordering the Columbia River and having a population of less than 21,000, according to the latest federal decennial census, or within two or more of such counties, may be incorporated as a weather modification district for the purpose of:

(1) Causing or attempting to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere; or

(2) Preventing or attempting to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1969 c.698 §3]

Source: Section 558.210 — Incorporation for weather modification; limitations as to area , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 539.090 — OR Code / Title 45 / Chapter 539 / Section 539.090
539.090 Notice of right to inspect evidence, and of place of court hearing
Status: in_force

Upon the completion of the taking of testimony by the Water Resources Director, the director shall at once give notice by registered mail or by certified mail with return receipt to the various claimants and to any party who has notified the director that the party wishes to contest the claims of others, that all of the evidence will be open to inspection of the various claimants or owners. The notice shall specify the times when and the places where the evidence will be open to inspection, and the director shall keep the evidence open for inspection at the specified times and places. The earliest time for inspection shall be at least 10 days after mailing the notice; and, in the aggregate, the hours during which the director is to keep the evidence open to inspection shall at least equal 80 hours, counting only the hours between 8 a.m. and 5 p.m. during any day of the week except Sunday. The director shall also state in the notice the county in which the determination will be heard by the circuit court; provided, that the cause shall be heard in the county in which the stream or some part thereof is situated. [Amended by 1955 c.191 §1; 1989 c.691 §9; 1991 c.249 §46]

Source: Section 539.090 — Notice of right to inspect evidence, and of place of court hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 554.430 — OR Code / Title 45 / Chapter 554 / Section 554.430
554.430 Applicability of 1911 Act, as amended, to corporations organized under that Act
Status: in_force

To the extent only that, by reason of the provisions of ORS 554.410 (Applicability of ORS 554.005 to 554.340 to corporations organized under 1911 Act) , they have not been superseded, sections 2, 3, 4, 6, 7, 8, 9, 11 and 12, chapter 172, Oregon Laws 1911, as amended by section 2, chapter 101, Oregon Laws 1917, and by chapters 267 and 420, Oregon Laws 1927, and as supplemented by section 2, chapter 164, Oregon Laws 1923, shall remain applicable to corporations organized before March 4, 1937, under the provisions of chapter 172, Oregon Laws 1911.

Source: Section 554.430 — Applicability of 1911 Act, as amended, to corporations organized under that Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 541.010 — OR Code / Title 45 / Chapter 541 / Section 541.010
541.010 Furnishing of water for certain purposes declared to be a public use
Status: in_force

(1) The use of the water of the lakes and running streams of Oregon, for general rental, sale or distribution, for purposes of irrigation, and supplying water for household and domestic consumption, and watering livestock upon dry lands of the state, is a public use, and the right to collect rates or compensation for such use of water is a franchise. A use shall be deemed general within the purview of this section when the water appropriated is supplied to all persons whose lands lie adjacent to or within reach of the line of the ditch, canal or flume in which the water is conveyed, without discrimination other than priority of contract, upon payment of charges therefor, as long as there may be water to supply.

(2) Rates for the uses of water mentioned in this section may be fixed by the Legislative Assembly or by such officer as may be given that authority by the Legislative Assembly, but rates shall not be fixed lower than will allow the net profits of any ditch, canal, flume or system thereof to equal the prevailing legal rate of interest on the amount of money actually paid in and employed in the construction and operation of the ditch, canal, flume or system.

(3) This section and ORS 541.020 (Construction of ditches and canals by corporation) to 541.080 (Suits involving water rights) may at any time be amended by the Legislative Assembly, and commissioners for the management of water rights and the use of water may be appointed.

Source: Section 541.010 — Furnishing of water for certain purposes declared to be a public use; rates; amendment of law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.565 — OR Code / Title 45 / Chapter 545 / Section 545.565
545.565 Refunding bonds
Status: in_force

Any irrigation district desiring to refund its outstanding indebtedness or issue bonds for any purpose may use the procedure provided by ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) instead of other procedures provided by law. Before any decision is made to issue bonds under those sections the board of directors shall enter a resolution stating the purpose for which the bonds are to be issued and, if the bonds are to be used for refunding indebtedness, describing the bonds and indebtedness to be retired by the refunding bonds or from the proceeds of the sale of the refunding bonds. [Formerly 545.242]

Source: Section 545.565 — Refunding bonds; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.904 — OR Code / Title 45 / Chapter 541 / Section 541.904
541.904 Authority of executive director to enter into interagency agreements
Status: in_force

In addition to any other authority granted to the executive director of the Oregon Watershed Enhancement Board, the executive director, on behalf of the board, may enter into interagency agreements necessary to carry out the duties and responsibilities of the board. [Formerly 541.363]

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

Source: Section 541.904 — Authority of executive director to enter into interagency agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 549.625 — OR Code / Title 45 / Chapter 549 / Section 549.625
549.625 Powers of commission with respect to acquired property
Status: in_force

As to any property acquired pursuant to ORS 549.605 (Definitions for ORS 549.605 to 549.645) to 549.645 (Waiver of state’s immunity to suit or action) , the Water Resources Commission may sell, donate, exchange or lease it or grant easements thereon, on terms which are beneficial to the state and meet all federal flood control project requirements; and the commission, or one or more of its members or employees designated by the commission to represent it, may execute and deliver, in the name of the State of Oregon, a lease, deed or other instrument of conveyance of such property. These leases, deeds and instruments may contain such reservations as the commission deems necessary to protect the interests of the state in flood control. [1957 c.466 §5]

Source: Section 549.625 — Powers of commission with respect to acquired property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 536.470 — OR Code / Title 45 / Chapter 536 / Section 536.470
536.470 Coordination of local, state, interstate and federal programs
Status: in_force

The Water Resources Commission may consult and cooperate with any state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government for the purpose of promoting coordination between local, state, interstate and federal plans, programs and projects for the use or control of the water resources of this state or to facilitate and assist the commission in carrying out its functions as provided by law. [1955 c.707 §21]

Source: Section 536.470 — Coordination of local, state, interstate and federal programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 539.005 — OR Code / Title 45 / Chapter 539 / Section 539.005
539.005 Purpose of chapter
Status: in_force

(1) The Legislative Assembly declares that it is the purpose of this chapter to set forth the procedures for carrying out a general stream adjudication in Oregon.

(2) In accordance with the applicable provisions of ORS chapter 183, the Water Resources Director shall adopt rules necessary to carry out the provisions of this chapter. [1989 c.691 §§2,3]

Source: Section 539.005 — Purpose of chapter; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 542.110 — OR Code / Title 45 / Chapter 542 / Section 542.110
542.110 Public interest requiring construction of system of works
Status: in_force

(1) It hereby is declared that public interest, welfare, convenience and necessity require the construction of a system of works in accordance with the general comprehensive plan for flood control, navigation and other purposes in the Willamette River Basin, as set forth in House Document 544, Seventy-fifth Congress, third session, and the Act of the Seventy-fifth Congress approved June 28, 1938, 52 Stat. 1222, authorizing the construction of certain public works, including the Willamette River Basin Project.

(2) The Water Resources Commission may act for the state in all matters necessary or advisable in the promotion, construction and maintenance of the Willamette River Basin Project. [Amended by 1955 c.707 §57]

Source: Section 542.110 — Public interest requiring construction of system of works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 545.089 — OR Code / Title 45 / Chapter 545 / Section 545.089
545.089 Redivision of district
Status: in_force

(1) When land is included within a district by proceedings under ORS 545.057 (Petition for inclusion of lands within district) to 545.085 (Record of petition) , if the district is subdivided for the election of directors and as a result of the inclusion of the land the deviation in acreage among the divisions is greater than 10 percent, the board of directors, not earlier than 30 days after the final order making the inclusion, shall make an order redividing the district. Redivision shall be done in the same manner as provided for the initial division of the district in ORS 545.033 (Naming and division of districts) (2).

(2) If redivision of the district under subsection (1) of this section results in the creation of a division without a qualified representative on the board of directors, the position of director from that division shall be filled at the next general election of the district. When the newly elected director assumes office, if there are two or more directors from another division, the term of office of the director having the least time left to serve shall expire. The initial term of office of the newly elected director shall be the same as the remaining term of the director whose term expires as provided under this subsection. [Formerly 545.598; 1999 c.452 §11]

Source: Section 545.089 — Redivision of district; election of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.578 — OR Code / Title 45 / Chapter 540 / Section 540.578
540.578 Filing of protest
Status: in_force

(1) Any user may file with the Water Resources Commission, within 60 days after the date of mailing the notice under ORS 540.576 (Notice of petition) , a protest against approval of the petition, map and transfer. Whenever a timely protest is filed, or in the opinion of the commission a hearing is necessary to determine whether the district has complied with the requirements of ORS 540.572 (Application of certificated water elsewhere within district) to 540.580 (Permanent transfer of place of use of water within district) , or the proposed transfers described in the petition would result in injury to existing water rights, the commission shall hold a hearing on the matter. The hearing shall be conducted according to the provisions of ORS chapter 183 applicable to contested case proceedings. The hearing shall be held in the area of the state where the rights are located unless the parties and the persons who filed the protest under this section stipulate otherwise.

(2) If, after examination or hearing, the commission finds that the petition complies with the requirements of ORS 540.572 (Application of certificated water elsewhere within district) to 540.580 (Permanent transfer of place of use of water within district) , and that the proposed changes described in the petition would not result in injury to existing water rights, the commission shall issue an order approving the transfer and proceed as provided in ORS 540.530 (Order authorizing change of use, place of use or point of diversion) (1) and (2).

(3) A certificate issued under this section for the transferred water right shall have the evidentiary effect provided for in ORS 537.270 (Conclusiveness of certificate) unless the right to appropriate water described in the certificate is forfeited after the certificate is issued. [1991 c.957 §6]

Source: Section 540.578 — Filing of protest; hearing on proposed transfer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 536.300 — OR Code / Title 45 / Chapter 536 / Section 536.300
536.300 Formulation of state water resources program
Status: in_force

(1) The Water Resources Commission shall proceed as rapidly as possible to study: Existing water resources of this state; means and methods of conserving and augmenting such water resources; existing and contemplated needs and uses of water for domestic, municipal, irrigation, power development, industrial, mining, recreation, wildlife, and fish life uses and for pollution abatement, all of which are declared to be beneficial uses, and all other related subjects, including drainage, reclamation, floodplains and reservoir sites.

(2) Based upon said studies and after an opportunity to be heard has been given to all other state agencies which may be concerned, the commission shall progressively formulate an integrated, coordinated program for the use and control of all the water resources of this state and issue statements thereof.

(3) The commission may adopt or amend a basin program only after holding at least one public hearing in the affected river basin. After the commission itself conducts one public hearing in the affected river basin, the commission may delegate to the Water Resources Director the authority to conduct additional public hearings in the affected river basin. [1955 c.707 §10(1), (2); 1965 c.355 §2; 1985 c.673 §14]

Source: Section 536.300 — Formulation of state water resources program; public hearing in affected river basin , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 543.705 — OR Code / Title 45 / Chapter 543 / Section 543.705
543.705 Definitions for ORS 543.710 to 543.730
Status: in_force

As used in ORS 543.710 (Annual fee based on horsepower) to 543.730 (Failure to file statement or pay fees as evidence of abandonment of claim) , “claimant” means any person claiming the right to the use of water for power development. [1957 c.333 §1]

Source: Section 543.705 — Definitions for ORS 543.710 to 543.730 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 540.010 — OR Code / Title 45 / Chapter 540 / Section 540.010
540.010 Water districts
Status: in_force

The Water Resources Commission shall divide the state into water districts, which shall be so constituted as to secure the best protection to the claimants for water and the most economical supervision on the part of the state. Water districts shall not be created until necessary. [Amended by 1985 c.673 §82]

Source: Section 540.010 — Water districts; creation; purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.485 — OR Code / Title 45 / Chapter 537 / Section 537.485
537.485 Priority of right to use conserved water
Status: in_force

(1) Notwithstanding any other provision of ORS chapter 536, 537, 538, 539, 540, 541, 542 or 543, the priority of any right to the use of conserved water, including an in-stream water right, under an application submitted and approved by the Water Resources Commission under ORS 537.465 (Application for allocation of conserved water) and 537.470 (Allocation of conserved water by commission) shall be either the same as or one minute after the priority of the water right held by the person implementing the conservation measures.

(2) A person who implements a conservation measure may choose the priority of the water right for the conserved water in accordance with subsection (1) of this section. However, the priority date chosen must be the same for the portion of water allocated to the applicant and the portion of water allocated to the state. [1987 c.264 §7; 1993 c.641 §6; 2003 c.93 §5]

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

Source: Section 537.485 — Priority of right to use conserved water; choice of priority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.007 — OR Code / Title 45 / Chapter 536 / Section 536.007
536.007 Definitions
Status: in_force

As used in ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability) , 541.010 (Furnishing of water for certain purposes declared to be a public use) to 541.320 (Decrees adjudicating rights) , 541.386 (Dams and use of water for hydroelectric generation on North Umpqua prohibited) , 541.430 (Use of machinery by riparian owner to raise water) to 541.545 (Compliance with orders of commission) and 541.700 (Definitions for ORS 541.700 to 541.855) to 541.990 (Penalties) and ORS chapters 536 to 540, 542 and 543:

(1) “Commission” means the Water Resources Commission.

(2) “Department” means the Water Resources Department.

(3) “Director” means the Water Resources Director.

(4) “Existing right” or “vested right” or words of similar import include an inchoate right to the use of water to the fullest extent that the right is recognized, defined or declared by the commission, the director or any court within this state.

(5) “Order” has the meaning given in ORS 183.310 (Definitions for chapter) .

(6) “Person” includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the federal government and any agencies thereof.

(7) “Public corporation” includes any city, county or district organized for public purposes.

(8) “Rule” has the meaning given in ORS 183.310 (Definitions for chapter) .

(9) “State agency” includes any office, board, commission or department of a state government.

(10) “State water resources policy” means the water resources policy provided for in ORS 536.295 (Conditions for consideration of application for use not classified in basin program) to 536.350 (Delivery of water resources statement to certain public bodies) and 537.505 (Short title) to 537.534 (Rules for permitting and administering aquifer storage and recovery projects) .

(11) “Undetermined vested right” means a water right claimed under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) as having vested or as having been initiated before February 24, 1909, that has not been determined in an adjudication proceeding under ORS chapter 539 nor is evidenced by a permit or certificate issued under the Water Rights Act.

(12) “Waters of this state” means any surface or ground waters located within or without this state and over which this state has sole or concurrent jurisdiction.

(13) “Water resources of this state” means waters of this state and the following auxiliary lands whose usage directly affects the development and control of the waters of this state:

(a) Potential reservoir sites.

(b) Floodplain areas forming the predictable channels of floodwater drainage of rivers and streams. [1985 c.673 §2; 1989 c.691 §5]

Source: Section 536.007 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 539.210 — OR Code / Title 45 / Chapter 539 / Section 539.210
539.210 Duty of claimants to appear and submit proof
Status: in_force

Whenever proceedings are instituted for determination of rights to the use of any water, it shall be the duty of all claimants interested therein to appear and submit proof of their respective claims, at the time and in the manner required by law. Any claimant who fails to appear in the proceedings and submit proof of the claims of the claimant shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream or other body of water embraced in the proceedings, and shall be held to have forfeited all rights to the use of the water theretofore claimed by the claimant. Any person interested in the water of any stream upon whom no service of notice has been had of the pendency of proceedings for determination of the rights to the use of water of the stream, and who has had no actual knowledge or notice of the pendency of the proceedings may, at any time prior to the expiration of one year after entry of the determination of the Water Resources Director, file a petition to intervene in the proceedings. The petition shall contain, among other things, all matters required by this chapter of claimants who have been duly served with notice of the proceedings, and also a statement that the intervenor had no actual knowledge or notice of the pendency of the proceedings. Upon the filing of the petition in intervention, the petitioner shall be allowed to intervene upon such terms as may be equitable and thereafter shall have all rights vouchsafed by this chapter to claimants who have been duly served.

Source: Section 539.210 — Duty of claimants to appear and submit proof; nonappearance as forfeiture; intervention in proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 547.057 — OR Code / Title 45 / Chapter 547 / Section 547.057
547.057 Drainage district activity as urban service
Status: in_force

(1) An activity of a drainage district is deemed to be an urban service, as defined in ORS 195.065 (Agreements required) , if the drainage district:

(a) Is located in a county that has a population greater than 700,000; and

(b) Operates a flood control project located within the urban growth boundary established by Metro or within the incorporated boundary of a city.

(2) As used in this section, “flood control project” means a system or method, including, but not limited to, canals, ditches, dikes, levees, revetments and floodwalls, for:

(a) The control, diversion, conservation or abatement of floodwater, or of an excessive or unusual accumulation of water, in a natural or artificial body of water; or

(b) The protection of life and property against danger, menace, injury or damage resulting from floodwater, or an excessive or unusual accumulation of water. [2015 c.544 §14]

Note: 547.057 (Drainage district activity as urban service) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 547 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 547.057 — Drainage district activity as urban service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 552.655 — OR Code / Title 45 / Chapter 552 / Section 552.655
552.655 Refunding bonds
Status: in_force

Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the district board without submitting to the electors the question of authorizing the issuance of the bonds. [1969 c.606 §48]

Source: Section 552.655 — Refunding bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 547.081 — OR Code / Title 45 / Chapter 547 / Section 547.081
547.081 Repair of clogged or obstructed condition
Status: in_force

(1) If the owner or occupant of the premises upon which the clogged or obstructed flood control project is situated fails for 10 days after being notified of the existence of the clogged or obstructed condition, to submit to the drainage district a plan and schedule to repair, clean or grade the flood control project or remove the obstruction therefrom, the board of supervisors shall immediately repair, clean or grade the same and cause it to be promptly placed in a proper and efficient condition.

(2) The drainage district shall review a plan and schedule submitted by an owner or occupant to determine whether the plan and schedule adequately address the clogged or obstructed condition in an effective and timely manner. If the drainage district approves the plan and schedule, the owner or occupant shall repair, clean or grade the flood control project or remove the obstruction therefrom pursuant to the plan and schedule. If the owner or occupant fails to do so pursuant to the plan and schedule, the board of supervisors shall immediately repair, clean or grade the same and cause it to be promptly placed in a proper and efficient condition.

(3) Nothing in this section precludes the board of supervisors from immediately repairing, cleaning or grading the clogged or obstructed flood control project in cases of emergency. [2015 c.544 §11]

Note: See note under 547.063 (Definitions) .

Source: Section 547.081 — Repair of clogged or obstructed condition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 543.662 — OR Code / Title 45 / Chapter 543 / Section 543.662
543.662 Authority of district to develop joint project with private person
Status: in_force

A district may contract with a private person to enlarge or modify the district’s water system for the purpose of generating hydroelectric power. The district shall retain sufficient benefit and interest in, and control of a joint project as necessary for the project to be considered a district project. A district and a private person developing a joint project under ORS 543.650 (Policy) to 543.685 (District board to require weatherization) must comply with the rules adopted by the Water Resources Commission under ORS 543.664 (Rules relating to joint projects of districts and private persons) . [1985 c.561 §2]

Source: Section 543.662 — Authority of district to develop joint project with private person; restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 543.150 — OR Code / Title 45 / Chapter 543 / Section 543.150
543.150 Municipal corporations and utility districts
Status: in_force

The provisions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) , 543.050 (Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records) , 543.210 (Preliminary permits) , 543.220 (Notice of filing of application) , 543.250 (Permit) , 543.260 (Licenses) and 543.290 (Filing of maps, plans, estimates and other materials) to 543.610 (Acquisition of project by state or municipality) shall not apply to cities, towns or other municipal corporations of this state, including utility districts organized under section 12, Article XI, Oregon Constitution, and legislation enacted thereunder; saving, however, to such cities, towns and other municipal corporations the rights and preferences specified in ORS 543.260 (Licenses) , 543.270 (Preference in granting permit or license) and 543.610 (Acquisition of project by state or municipality) . The Water Resources Commission shall exercise the powers in relation to utility districts as may be conferred upon the commission by any legislation providing for the creation of such utility districts. [Amended by 1985 c.673 §144; 1991 c.869 §7]

Source: Section 543.150 — Municipal corporations and utility districts; applicability of laws; powers of commission respecting districts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 538.430 — OR Code / Title 45 / Chapter 538 / Section 538.430
538.430 Medford and Eagle Point Irrigation District
Status: in_force

(1) Subject to water rights existing on May 29, 1925, the City of Medford, in Jackson County, is granted the exclusive right to use for municipal purposes all the waters of Big Butte Creek, a tributary of Rogue River situated in Jackson County, and of the springs at the head which form the creek, and of its tributaries. The City of Medford, any of its officers, and others on its behalf may appropriate all the waters for these purposes and an application therefor may be made for the benefit of the city, either by it in its own name, or by any of its officers or by any other person on its behalf. No person shall appropriate or be granted a permit to use any of the waters except as provided in this section, and for the use and benefit of the city. But the City of Medford may, under this grant, divert such waters from their watershed and convey them to the city and elsewhere for use by it for municipal purposes, either within or without the city limits. All of such waters are withdrawn from future appropriation, except for such use and benefit of the City of Medford; provided however, that the Eagle Point Irrigation District may establish and use an additional point of diversion below the diversion point in use on April 1, 1953, under its permit number 6396 which authorizes the appropriation of not to exceed 100 cubic feet per second.

(2) Subject to rights existing on July 21, 1953, to the use of the waters of Big Butte Creek, and of the springs at the head which form the creek, and of its tributaries, including the rights granted in subsection (1) of this section to the City of Medford to the use of such waters and the right of future appropriation of such waters, the Eagle Point Irrigation District is granted the right to appropriate and use up to and including 100 cubic feet per second of the waters of Big Butte Creek, using the diversion site of the Eagle Point Irrigation District existing on April 1, 1953, for the purpose of generating electric energy; provided, however, that not less than 10 cubic feet per second of said waters shall be permitted to pass said diversion point and remain in the channel of said stream at all times other than times when said waters are diverted for irrigation purposes. The Eagle Point Irrigation District may:

(a) Enter into such contracts and perform such other acts as it deems necessary or desirable for the generation of electric energy and the construction and maintenance of facilities for the generation of electric energy.

(b) Enter into such arrangements as it deems proper for the use, sale or distribution of the electric energy which is generated.

(3) In performing any of the acts under subsection (2) of this section, the Eagle Point Irrigation District shall not be deemed a public utility as defined in ORS 757.005 (Definition of public utility) .

(4) Subsections (1) and (2) of this section shall not prevent the appropriation of the waters of Clark Creek, in Jackson County, for the development of hydroelectric power not to exceed two megawatts if the facility will be constructed and operated in compliance with recommendations by the State Department of Fish and Wildlife concerning fish conservation, including streamflow requirements based upon biological criteria. [Amended by 1953 c.572 §2; 1963 c.231 §1; 1983 c.650 §2]

Source: Section 538.430 — Medford and Eagle Point Irrigation District; right to waters of Big Butte Creek; generation, sale and distribution of electric energy by irrigation district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 543.320 — OR Code / Title 45 / Chapter 543 / Section 543.320
543.320 Effect of amendment or repeal of law
Status: reserved

The right to alter, amend or repeal ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , or any part thereof, hereby is expressly reserved; but no such alteration, amendment or repeal shall affect any license theretofore issued under 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 the rights of any licensee thereunder, unless expressly assented to by the licensee.

TIME FOR CONSTRUCTION; TERMINATION, REVOCATION OR TRANSFER OF LICENSE

Source: Section 543.320 — Effect of amendment or repeal of law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 558.360 — OR Code / Title 45 / Chapter 558 / Section 558.360
558.360 Employee contribution
Status: in_force

The district may collect, as a contribution from any employee, that percentage of the salary received by the employee which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employee is required to provide pursuant to the provisions of a retirement plan. [1969 c.698 §58]

Source: Section 558.360 — Employee contribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 547.130 — OR Code / Title 45 / Chapter 547 / Section 547.130
547.130 Record of meetings, proceedings, certificates, bonds, acts
Status: in_force

The board of supervisors of any district organized under the Drainage District Act shall cause to be kept a well-bound book, entitled “Record of Proceedings of Board of Supervisors of _____ District,” in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees, and any and all corporate acts, which record shall at all times be open to the inspection of anyone interested, whether taxpayer or bondholder.

Source: Section 547.130 — Record of meetings, proceedings, certificates, bonds, acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 547.685 — OR Code / Title 45 / Chapter 547 / Section 547.685
547.685 Retirement of bonds before maturity
Status: in_force

Notice of the call of bonds before maturity shall be given in the manner provided for retirement of irrigation district bonds before maturity. No bond issued under ORS 547.655 (Authority to adopt alternative procedure) to 547.695 (Sale of lands for delinquent charges) shall be called for payment before maturity except upon the day for payment of interest, or interest and principal, on the bond and on or after the day specified in the notice of call. All interest on bonds described in the notice shall cease after the day of the call, provided that on that date there are sufficient funds in the bond fund of the district to pay the call bonds.

Source: Section 547.685 — Retirement of bonds before maturity; notice of call; date of payment; cessation of interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).