ORS § 543.085 — OR Code / Title 45 / Chapter 543 / Section 543.085
543.085 Periodic review of annual fee
Status: in_force

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

(a) The Department of Environmental Quality;

(b) The State Department of Fish and Wildlife;

(c) The Public Utility Commission;

(d) The Water Resources Department;

(e) Investor owned utilities;

(f) Publicly owned utilities;

(g) Municipalities;

(h) Environmental organizations;

(i) Agricultural organizations; and

(j) Nonutility owners of hydroelectric projects.

(2) All holders paying annual fees under ORS 543.078 (Annual fee for hydroelectric project) (2)(a) shall be notified by the Water Resources Department at least 60 days in advance of the meeting of the review panel established in subsection (1) of this section, and provided the opportunity to submit comments to the panel.

(3) Any periodic review conducted under subsection (1) of this section shall evaluate each agency’s hydroelectric program to determine if current staffing levels, activities and funding are appropriate to fulfill program objectives. There shall be a presumption that the fee should not change. To overcome the presumption and alter the existing fee, the panel must find compelling reasons for alteration and must reach unanimous consent on the new fee. If the presumption is overcome, upon completion of the review process the director shall either adjust the annual fee as recommended by the panel or elect not to adjust the fee. Any change in the annual fee as a result of this section shall become effective on the January 1 following the director’s action. The director shall notify all holders of any change in the annual fee and the effective date of such change. [1999 c.873 §8; 2021 c.516 §3]

Source: Section 543.085 — Periodic review of annual fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.872 — OR Code / Title 45 / Chapter 537 / Section 537.872
537.872 Place-Based Water Planning Fund
Status: in_force

The Place-Based Water Planning Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Place-Based Water Planning Fund shall be credited to the fund. The fund consists of moneys appropriated to the fund by the Legislative Assembly and federal, public or private moneys designated for deposit in the fund. Moneys in the fund are continuously appropriated to the Water Resources Department for the purpose of carrying out the provisions of ORS 537.873 (Place-based water planning grants) . [2023 c.606 §15]

Note: 537.872 (Place-Based Water Planning Fund) and 537.873 (Place-based water planning grants) were enacted into law by the Legislative Assembly but were 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 537.872 — Place-Based Water Planning Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.015 — OR Code / Title 45 / Chapter 536 / Section 536.015
536.015 Water Resources Department Hydroelectric Fund
Status: in_force

(1) The Water Resources Department Hydroelectric Fund is established separate and distinct from the General Fund of the State Treasury. Except as provided in subsections (4) and (5) of this section, of the moneys in the Water Resources Department Hydroelectric Fund:

(a) A portion equal to 67 percent of the total moneys received each year shall be transferred to the fund created under ORS 496.835 (Oregon Fish and Wildlife Hydroelectric Fund) ;

(b) A portion equal to 10.3 percent of the total moneys received each year shall be transferred to an account of the Department of Environmental Quality to be used to review applications for certification of hydroelectric projects under ORS 468B.040 (Certification of hydroelectric power project) and 468B.045 (Certification of change to hydroelectric power project) ; and

(c) All of the remaining moneys received each year are continuously appropriated to the Water Resources Commission and the Water Resources Department to provide for the payment of the administrative expenses of the commission and the department in carrying out their responsibilities related to the issuance of permits, licenses or water right certificates for hydroelectric projects.

(2) The following shall be deposited into the State Treasury and credited to the Water Resources Department Hydroelectric Fund:

(a) Fees received by the Water Resources Department for hydroelectric projects under ORS 536.050 (Fees) , 543.078 (Annual fee for hydroelectric project) to 543.092 (Amendment of hydroelectric water right or claim) , 543.210 (Preliminary permits) , 543.280 (Fee payments by licensee) , 543.300 (Conditions governing license) , 543.710 (Annual fee based on horsepower) and 543A.405 (Application fees) ; and

(b) All moneys received on behalf of this account by gift, grant or appropriation from whatever source.

(3) All interest, if any, from moneys credited to the Water Resources Department Hydroelectric Fund shall be credited to the fund and shall inure to the benefit of the Water Resources Department Hydroelectric Fund.

(4) Application fees received under ORS 543A.405 (Application fees) shall be disbursed to the various agencies in the amounts specified in the cost reimbursement agreement executed with each reauthorization applicant.

(5) Annual fees paid under ORS 543.078 (Annual fee for hydroelectric project) shall be disbursed to state agencies pursuant to a memorandum of agreement developed by the Department of Environmental Quality, the State Department of Fish and Wildlife and the Water Resources Department. [1991 c.869 §2; 1997 c.449 §36; 1999 c.873 §13; 2021 c.516 §1]

Source: Section 536.015 — Water Resources Department Hydroelectric Fund; uses; sources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 554.290 — OR Code / Title 45 / Chapter 554 / Section 554.290
554.290 Warrants to pay claims
Status: in_force

All claims against the corporation shall be paid by warrants drawn on the treasurer of the corporation and signed by the president and secretary of the board of directors. If any warrant is not paid when presented to the treasurer of the board of directors, because of lack of funds in the treasury, that fact shall be indorsed on the warrant and the warrant shall draw interest thereafter at a rate determined by the board until there is money in hand to pay the amount of the warrant and the interest then accumulated. No interest shall be allowed on warrants after sufficient funds are in the treasury to pay the indorsed warrants and interest. The secretary of the board shall give notice to the payee or other holder if known whenever sufficient funds are available to pay outstanding warrants. Warrants shall be numbered, drawn against the proper fund, and paid from such fund in the order of issuance. The board of directors shall levy an assessment each year of sufficient amount of money to pay the outstanding warrants. No warrants shall be issued the payment of which in the ensuing year inclusive of the assessments required for all other purposes will exceed the annual assessment limit fixed in the landowners’ recorded notice, or the aggregate indebtedness of which with all other indebtedness for other purposes than operation and maintenance will exceed the total benefits to accrue to the land described in the articles of incorporation as stated in the recorded landowners’ notice. [Amended by 1981 c.94 §51]

Source: Section 554.290 — Warrants to pay claims; interest; assessments to pay warrants; limitation on amount of warrants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 536.450 — OR Code / Title 45 / Chapter 536 / Section 536.450
536.450 Assistance by commission to other persons and agencies
Status: in_force

The Water Resources Commission may make available technical advice and information for the purpose of assisting any person, local voluntary committee or association, state agency or public corporation of this state, any interstate agency or any agency of the federal government in the preparation, carrying into effect and properly sustaining any plan, program or project concerning the use or control of the water resources of this state in harmony with the state water resources policy or otherwise with the public interest in encouraging, promoting and securing the maximum beneficial use and control of the water resources of this state. [1955 c.707 §19]

Source: Section 536.450 — Assistance by commission to other persons and agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 545.093 — OR Code / Title 45 / Chapter 545 / Section 545.093
545.093 Creation of subdistricts
Status: in_force

(1) Subdistricts within an irrigation district may be created as provided in this section.

(2) When the owners of more than 50 percent of the acreage in any contiguous tracts of land situated within a district and subject to the charges or assessments of the district desire to have the district undertake the construction of works for irrigation of their land or provide for the reconstruction, betterment, extension, purchase, operation or maintenance of works already constructed that will benefit their lands, they may petition the board for the creation of a subdistrict. The petition shall state the boundaries proposed for the subdistrict, the name and address of each person signing the petition, a brief general statement as to the works the petitioners desire to have constructed or provided and a prayer asking that the lands described be organized as a subdistrict. The description of the boundaries of the proposed subdistrict shall be certified as a complete and sufficient legal description by a qualified engineer or land surveyor and the certificate shall be filed with the board at the time the petition is filed. The petition shall be considered by the board at its next meeting. If the board approves the petition, the board shall adopt an order creating the subdistrict. The order shall contain a description of the boundaries of the subdistrict. A subdistrict may include all or any part of the lands within a district. A copy of the order shall be recorded in each county in which lands within the subdistrict are located.

(3) A subdistrict may also be created under this section by resolution of the board.

(4) After the creation of a subdistrict under this section, the boundaries of the subdistrict may be changed by the inclusion of lands outside of the subdistrict. A proceeding under this subsection may be initiated by petition of the owners of more than 50 percent of the lands sought to be included in the subdistrict. The lands to be included in the subdistrict must be contiguous to the subdistrict and within the boundaries of the district. The petition shall state the boundaries of the lands to be included in the subdistrict, the reason for adding the lands to the subdistrict, the name and address of each person signing the petition and a prayer asking that the lands described by the petition be included in the subdistrict. The petition shall be filed with the board. The description of the boundaries of the subdistrict after the proposed addition shall be certified as a complete and sufficient legal description by a qualified engineer or land surveyor and the certificate shall be filed with the board at the time the petition is filed. The board of directors shall enter an order fixing a time and place for a hearing on the petition and shall either publish notice of the hearing or mail a notice of the hearing to all landowners within the boundaries of the lands proposed for inclusion in the subdistrict. At the hearing or at any time and place to which the hearing may be adjourned, the board shall determine what lands proposed to be included within the subdistrict will be benefited by inclusion in the subdistrict. The board shall adopt an order for inclusion of the benefited lands in the subdistrict and the new boundaries of the subdistrict shall be described in the order.

(5) A subdistrict created under this section may be designated “Subdistrict No. ___of the ______ Irrigation District.”

(6) A subdistrict created under this section may be an electoral district for purposes of district elections under ORS 545.167 (Division of district for election of directors) .

(7) The district board of the main district is the governing board of each subdistrict of the district.

(8) Except as otherwise provided in ORS 545.093 (Creation of subdistricts) to 545.095 (Charges or assessments for improvements within subdistrict) , after the creation of a subdistrict, proceedings relating to a subdistrict shall conform to provisions of this chapter applicable to districts. In all other matters affecting only a subdistrict, provisions of this chapter applicable to a district apply to the subdistrict as though the subdistrict were a district. [1999 c.356 §2]

Note: 545.093 (Creation of subdistricts) to 545.095 (Charges or assessments for improvements within subdistrict) were added to and made a part of ORS chapter 545 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 545.093 — Creation of subdistricts; purpose; change in subdistrict boundaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 548.710 — OR Code / Title 45 / Chapter 548 / Section 548.710
548.710 Bonds of district
Status: in_force

Whenever any irrigation or drainage district files its petition in bankruptcy pursuant to the provisions of the Act of Congress approved May 24, 1934, authorizing bankruptcy proceedings by municipalities and other political subdivisions of any state, the district may, for the purpose of carrying out any plan of readjustment of its indebtedness which has been submitted and approved in the bankruptcy proceeding, use and deliver to its creditors in such bankruptcy proceeding any of its bonds authorized or issued pursuant to the provisions of ORS 548.305 (Contracts for federal loans) to 548.325 (Charges or assessments) , and which bonds are not required for the purpose of carrying into effect the provisions of the contract with the governmental agency of the United States for which they primarily were authorized.

Source: Section 548.710 — Bonds of district; use and delivery to creditors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 545.573 — OR Code / Title 45 / Chapter 545 / Section 545.573
545.573 Equalization of assessments
Status: in_force

The board of directors shall sit as a board of equalization at the time and place stated in the notice, and shall continue in session from day to day as long as may be necessary to hear and determine any objections, remonstrances or suggestions by any interested persons to the proposed assessment and apportionment or to the proposed determination of the total benefits accruing to a legal subdivision or other described tract. The board shall change its assessments and apportionment or determination of the total benefits accruing as the board considers necessary and proper so as to make the assessments, apportionment and determination of benefits legal, just and in accordance with the facts. The secretary of the board shall be present during these sessions and shall note all changes made in the assessments or determination of total benefits. [Formerly 545.250]

Source: Section 545.573 — Equalization of assessments; hearings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 549.390 — OR Code / Title 45 / Chapter 549 / Section 549.390
549.390 Appeal from order authorizing work or assessing damages
Status: in_force

Any person aggrieved by any order pursuant to the provisions of ORS 549.310 (Application of ORS 549.320 to 549.400) to 549.400 (Obstruction, befoulment or pollution of ditch prohibited) authorizing any construction work or by the assessment of any damages, may appeal to the circuit court within 20 days from the date when the county court approved such improvement. From the judgment of the circuit court an appeal to the Court of Appeals may be taken in the manner provided for appeals in civil proceedings. [Amended by 1979 c.562 §26]

Source: Section 549.390 — Appeal from order authorizing work or assessing damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 541.975 — OR Code / Title 45 / Chapter 541 / Section 541.975
541.975 Criteria for funding projects from Stewardship Agreement Grant Fund
Status: in_force

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

(1) There must be matching contribution from other program funds, in-kind services or other investment in the project; and

(2) The project must provide a public benefit through improved water quality or improved fish or wildlife habitat. [Formerly 541.426]

Note: See note under 541.974 (Stewardship Agreement Grant Fund) .

Source: Section 541.975 — Criteria for funding projects from Stewardship Agreement Grant Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.007 — OR Code / Title 45 / Chapter 554 / Section 554.007
554.007 Effective time and date of document
Status: in_force

(1) Except as provided in subsection (2) of this section and ORS 554.009 (Correcting filed document) , a document accepted for filing is effective on the date it is filed by the Secretary of State and at the time, if any, specified in the document as its effective time.

(2) If a document specifies a delayed effective time and date, so the document becomes effective at the time and date specified. If a document specifies a delayed effective date but no time, the document becomes effective on that date. A delayed effective date for a document may not be later than the 90th day after the date it is filed. [1987 c.94 §139]

Source: Section 554.007 — Effective time and date of document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 553.380 — OR Code / Title 45 / Chapter 553 / Section 553.380
553.380 Reduction of benefits
Status: in_force

In the event that it is determined after the construction of any works within a subdistrict that the benefits received by any tract of land are materially less than the appraised benefits, the board may, upon the petition of any owner of a tract of land, hold a hearing on the question of whether the benefits should be reduced. The board shall give notice by mail 30 days prior to such hearing to all other owners of land within the subdistrict. After hearing evidence for and against the reduction of benefits assessed against the tract of land in question, the board shall make an order reducing the amount of assessed benefits or dismissing the petition.

ASSESSMENTS; CLAIMS; EQUALIZATION

Source: Section 553.380 — Reduction of benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 541.936 — OR Code / Title 45 / Chapter 541 / Section 541.936
541.936 Watershed Natural Climate Solutions Fund
Status: in_force

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

(a) Carry out the provisions of ORS 468A.189 (Allocations from Natural and Working Lands Fund) (3); and

(b) For the administrative expenses of the board in implementing ORS 468A.189 (Allocations from Natural and Working Lands Fund) , except that no more than 10 percent of moneys may be used for administrative expenses.

(2) The Watershed Natural Climate Solutions Fund consists of moneys transferred to the fund under ORS 468A.187 (Natural and Working Lands Fund) . [2023 c.442 §66]

Note: 541.936 (Watershed Natural Climate Solutions 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 541.936 — Watershed Natural Climate Solutions Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.595 — OR Code / Title 45 / Chapter 537 / Section 537.595
537.595 Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered
Status: in_force

Except as otherwise provided in ORS 537.545 (Exempt uses) or 537.575 (Permits granted, approved or pending under former law) or 537.585 (Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered) and subject to determination under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication) , when any person or public agency on August 3, 1955, is lawfully engaged in good faith in such construction, alteration or extension of a well for the application of ground water to beneficial use, the right to appropriate such ground water, upon completion of such construction, alteration or extension and application of the ground water to beneficial use within a reasonable time fixed by the Water Resources Commission, when registered under ORS 537.605 (Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595) and 537.610 (Recording registration statement) , is recognized to the extent of the beneficial use of the ground water. [1955 c.708 §6(3); 1985 c.673 §49]

Source: Section 537.595 — Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 555.370 — OR Code / Title 45 / Chapter 555 / Section 555.370
555.370 Cancellation of contract upon default
Status: in_force

Upon failure of any purchaser having a contract with the Water Resources Commission to make payments of principal and interest according to the terms of the contract, the commission shall notify the purchaser by registered mail or by certified mail with return receipt of the default. If the default continues for a period of six months after the sending of such notice, the commission may cancel the contract, and all payments made thereunder shall be forfeited to the state and placed in the irrigation fund. The commission may reopen the lands covered by the canceled contract for entry, and resell water rights to the land to some other purchaser. Nothing in this section, however, shall be construed so as to prevent the commission from extending the time to make any payment due under any contract with a purchaser, when in the judgment of the commission the purchaser is entitled to an extension. [Amended by 1991 c.249 §58]

Source: Section 555.370 — Cancellation of contract upon default , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 540.464 — OR Code / Title 45 / Chapter 540 / Section 540.464
540.464 Examinations, inspections and reports by specialists
Status: in_force

The Water Resources Department may accept the reports of consulting engineers, geologists or other specialists employed by the dam owner. If the department concludes that the reports are insufficient, the department may employ consulting engineers, geologists or other specialists as agents or representatives of the department to make special examinations and inspections and to prepare reports for the department. The cost of such special examinations, inspections and reports shall be paid by the department or, upon mutual agreement, may be divided between the department and the dam owner. [2019 c.390 §9]

Source: Section 540.464 — Examinations, inspections and reports by specialists , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 552.710 — OR Code / Title 45 / Chapter 552 / Section 552.710
552.710 Subdistrict procedure
Status: in_force

(1) When a district has adopted a plan under ORS 552.403 (Watershed improvement plans) , subdistricts may be created as provided by this section.

(2) Proceedings to create subdistricts, located totally or partially within or outside of a district, may be initiated by a petition of the landowners within the subdistrict. Except as otherwise provided by this section, the petition shall fulfill the same requirements concerning the subdistrict as a petition is, by ORS 552.118 (Petition contents) , required to fulfill concerning the creation of the main district. The petition shall be filed with the county board of the county where the greater portion of land within the boundaries of the subdistrict is located, and shall be accompanied by an undertaking as provided by ORS 552.118 (Petition contents) . Proceedings to create a subdistrict shall conform in all things to the provisions relating to the creation of a district. However, the owners of 50 percent or more of the total acreage within the proposed subdistrict shall be required to sign the petition for the creation of a subdistrict.

(3) If the county board adopts an order creating a subdistrict, the clerk of the county board shall give notice of the order to the district board. The district board of the main district is the governing board of each subdistrict of the district. For the purpose of qualifying to be a member of a district board, under ORS 552.208 (Election of first board of directors) (1), ownership of land within a subdistrict, regardless of the location of the subdistrict, is considered ownership of land within the district. The territory within one subdistrict may be included within another subdistrict or subdistricts.

(4) After the creation of a subdistrict, proceedings in reference to a subdistrict shall in all matters conform to the provisions of this chapter applicable to districts. In all matters affecting only a subdistrict, provisions of this chapter applicable to a district apply to the subdistrict as though it were an independent district.

(5) The petition for creation of a subdistrict shall include a statement of the amount or quantity of water for which the subdistrict desires to acquire the perpetual use and the amount of money the subdistrict is willing to pay therefor. Prior to the entry of a judgment creating a subdistrict, the county board shall be furnished the verified consent of the district board to furnish such perpetual use of water for the purposes specified to the subdistrict at a price and upon the terms mentioned in the petition. [1969 c.606 §32; 2003 c.576 §519]

Source: Section 552.710 — Subdistrict procedure; authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.772 — OR Code / Title 45 / Chapter 537 / Section 537.772
537.772 Pump tests
Status: in_force

(1) The owner or operator of any well, except wells used for purposes listed in ORS 537.545 (Exempt uses) , shall conduct a pump test at least once every 10 years and report the results of that test to the Water Resources Commission. The owner or operator may conduct the test in conjunction with normal pump service and testing or at any time more convenient to the owner or operator of the well.

(2) The owner or operator shall report the results of the pump test on a form provided by the commission. The form shall include but need not be limited to the duration of the test, rate of pumping, total water level decrease and time required for 90 percent recovery of water level.

(3) The commission may establish by rule criteria for waiver of the pump test requirement. [1987 c.649 §5]

Source: Section 537.772 — Pump tests; report; rules for waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 552.810 — OR Code / Title 45 / Chapter 552 / Section 552.810
552.810 Procedure for inclusion or exclusion of land in district
Status: in_force

A petition for inclusion or exclusion of territory in a district may be filed without the approval of the district board indorsed on the petition. However, if the county board approves the petition and determines the boundaries, the district board shall call an election in the district for the purpose of submitting the proposal to the electors of the district. [1969 c.606 §10; 1971 c.727 §168; 1983 c.83 §101; 1983 c.350 §305]

Source: Section 552.810 — Procedure for inclusion or exclusion of land in district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 538.270 — OR Code / Title 45 / Chapter 538 / Section 538.270
538.270 Rogue River
Status: in_force

Subject to water rights existing on May 26, 1967, the waters flowing in the main channel of the Rogue River from its intersection with the south line of section 27, township 33 south, range 1 east of the Willamette Meridian in Jackson County, to its confluence with the Pacific Ocean, are withdrawn from appropriation; except that this section shall not prevent the appropriation and use of such waters for domestic, stock, irrigation, municipal, fish, wildlife, recreation and road maintenance purposes, nor prevent the appropriation, diversion and use of the waters of any stream tributary to the river. [Amended by 1959 c.205 §1; 1967 c.310 §1; 1989 c.291 §1]

Source: Section 538.270 — Rogue River; withdrawal from appropriation; excepted water uses; tributaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 545.359 — OR Code / Title 45 / Chapter 545 / Section 545.359
545.359 Contracts with federal government for flood control works
Status: in_force

(1) When the board of directors of any irrigation district determines that it is for the best interest of the district that the floodwaters of any stream that enters upon the district or whose waters are used in the irrigating of any of the lands in the district be controlled, the board may enter into a contract with the United States Government, or any of its agencies which may be empowered to construct flood works. The contract shall require the irrigation district:

(a) To provide without cost to the United States all lands, easements and rights of way necessary for such control project or works.

(b) To hold and save harmless the United States or any of its agencies or officers from loss or damage by reason of the construction of the flood control project and works.

(c) To maintain and operate all the works after construction in accordance with any regulations prescribed by the United States or its agencies or officers.

(2) The contract shall not be binding upon the district until it has been approved by the legal voters of the district as provided by ORS 545.511 (Authorization of bonds, including refunding bonds) and 545.513 (Resubmission of questions to electors) (1). When the contract has been so executed and approved the board shall carry out fully the provisions of the contract. [Formerly 545.178]

Source: Section 545.359 — Contracts with federal government for flood control works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.241 — OR Code / Title 45 / Chapter 536 / Section 536.241
536.241 Policy on water supply
Status: in_force

(1) The Legislative Assembly finds that the availability of an adequate water supply is essential to the continued health and safety of all Oregonians.

(2) The Legislative Assembly declares that it is the policy of the State of Oregon to ensure a water supply sufficient to meet the needs of existing and future beneficial uses of water, and to adequately manage the state’s water resources. Further, in recognition of this policy, the Legislative Assembly declares that the planning and management of the water resources of this state shall be conducted in a consistent and coordinated manner. [1999 c.984 §2]

Note: 536.241 (Policy on water supply) was added to and made a part of ORS chapter 536 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 536.241 — Policy on water supply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 558.315 — OR Code / Title 45 / Chapter 558 / Section 558.315
558.315 Rules
Status: in_force

Any weather modification district may adopt and promulgate rules and regulations concerning the use of the property of the district. [1969 c.698 §27]

Source: Section 558.315 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 545.589 — OR Code / Title 45 / Chapter 545 / Section 545.589
545.589 Recording of assessments
Status: in_force

(1) Upon delivery of the bonds, the secretary of the irrigation district shall furnish to the county clerk of each county in which lands of the district are situated, a duly certified copy of the resolution of assessment. The resolution shall be promptly recorded in the records of deeds of the county. The county clerk shall provide a book, which shall be considered a bond lien docket of the irrigation district for the lands situated in that county, for the purpose of recording in the book the matters contained in the resolution, by setting forth, in separate columns, the description of the lands assessed, the total amount of the assessment, the yearly installments, when the installments become due, the rate of interest the installments shall bear, the amount of the total benefit which shall accrue to each legal subdivision or other described tract if held in separate ownership, and the amount of the benefit surplus, as defined in ORS 545.575 (Order determining benefits) , accruing to each legal subdivision or other described tract.

(2) The bond lien docket shall thereafter be a docket of liens and shall constitute the total assessment against the lands by reason of the bonds. The sum shall not be increased or added to by subsequent assessments because of any delinquency of the owner of any other tract or parcel of land in the payment of the assessment of the owner, except as provided in ORS 545.599 (Five-year additional assessment) . The bond lien docket shall also thereafter be conclusive evidence of the total benefits accruing to each legal subdivision or other described tract held in separate ownership, by reason of the improvement.

(3) The tax collector shall receive any past-due bond of the irrigation district or any past-due interest coupon from any bond of the district in payment of any assessment made for the purpose of paying any installment that is due or past due and that appears on the bond lien docket. All unpaid assessments entered in the bond lien docket except installments designed for the payment of amortizing bonds shall bear interest at the rate of six percent per annum until the assessments and interest are paid. All unpaid assessments and interest shall remain a lien on each tract or parcel of land in favor of the irrigation district, and shall have priority over all other liens and encumbrances, except the liens of state, county and municipal taxes. [Formerly 545.262]

Source: Section 545.589 — Recording of assessments; bond lien docket; payment by bonds or coupons; interest on unpaid assessments; lien on land; priority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 552.218 — OR Code / Title 45 / Chapter 552 / Section 552.218
552.218 Organizational meeting
Status: in_force

(1) As soon as possible after an election of directors, the directors shall meet for the purpose of qualifying all persons elected as directors and for the purpose of electing officers of the district. Each director shall qualify by subscribing to an oath of office.

(2) The directors shall elect from their number a chairperson and vice chairperson and shall appoint a secretary-treasurer. The officers shall have the authority and duties given to them by the board.

(3) The board shall hold meetings as may be necessary or convenient. [1969 c.606 §19; 1971 c.403 §11; 1987 c.185 §3]

Source: Section 552.218 — Organizational meeting; oath; officers; meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 545.057 — OR Code / Title 45 / Chapter 545 / Section 545.057
545.057 Petition for inclusion of lands within district
Status: in_force

The holders of title, or evidence of title, representing a majority of the acreage of any body of land adjacent to the boundaries of any irrigation district may file with the board of directors of the district a written petition requesting that the body of land be included in the district. For purposes of this section, the body of land may include or consist of one or more parcels of less than one acre, without regard to whether or not the parcels are city lots or tracts of a platted subdivision or are chiefly available for residence purposes. When the body of land is located within the boundary of a city, the petition shall be approved by the governing body of the city before presentation to the board of directors. The petition shall describe the tracts or body of land owned by the petitioners. Reference to the assessor’s map and tax lot number is sufficient for the description of lands required under this section. The petition shall give assent of the petitioners to the inclusion into the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged. [Formerly 545.584; 1999 c.452 §8; 2003 c.802 §132]

Source: Section 545.057 — Petition for inclusion of lands within district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.135 — OR Code / Title 45 / Chapter 540 / Section 540.135
540.135 Disposition of funds collected under ORS 540.100 to 540.130 and 540.220
Status: in_force

Any moneys collected under ORS 540.100 (Division of water among users) to 540.130 (Advance payment) and 540.220 (Payment of assistant watermaster) shall be paid to the Water Resources Director and deposited by the director in a revolving fund to be disbursed for the purpose for which it was collected. [1961 c.636 §9; 1985 c.421 §12; 1993 c.18 §128]

Source: Section 540.135 — Disposition of funds collected under ORS 540.100 to 540.130 and 540.220 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.141 — OR Code / Title 45 / Chapter 537 / Section 537.141
537.141 Uses of water not requiring water right application, permit or certificate
Status: in_force

(1) The following water uses do not require an application under ORS 537.130 (Permit to appropriate water required) or 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water) , a water right permit under ORS 537.211 (Issuance of permit if application approved) or a water right certificate under ORS 537.250 (Water right certificate) :

(a) Emergency fire-fighting uses;

(b) Nonemergency fire-fighting training, provided:

(A) The source of the water is existing storage and the use occurs with permission of the owner of the stored water; or

(B) If the source of water is other than existing storage, the use occurs with the prior written approval of the watermaster in the district where the training will take place and subject to any conditions the watermaster determines are necessary to prevent injury to existing water rights and to protect in-stream resources;

(c) Water uses that divert water to water tanks or troughs from a reservoir for a use allowed under an existing water right permit or certificate for the reservoir;

(d) Fish screens, fishways and fish by-pass structures, as exempted by rule of the Water Resources Commission;

(e) Land management practices intended to save soil and improve water quality by temporarily impeding or changing the natural flow of diffuse surface water across agricultural lands when storage of public waters is not an intended purpose. Such practices include but are not limited to:

(A) Terraces;

(B) Dikes;

(C) Retention dams and other temporary impoundments; and

(D) Agronomic practices designed to improve water quality and control surface runoff to prevent erosion, such as ripping, pitting, rough tillage and cross slope farming;

(f) Livestock watering operations that comply with the requirements under subsections (2) and (3) of this section;

(g) Forest management activities that require the use of water in conjunction with mixing pesticides as defined in ORS 634.006 (Definitions) , or in slash burning;

(h) The collection of precipitation water from an artificial impervious surface and the use of such water;

(i) Land application of ground water 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; and

(j) Surface mining practices that result in the removal of water from a surface mine subject to an operating permit or reclamation plan approved by the State Department of Geology and Mineral Industries, unless the water is used for a subsequent beneficial use.

(2) The use of surface water for livestock watering may be exempted under subsection (1) of this section if:

(a) The water is diverted from a stream or other surface water source to a trough or tank through an enclosed water delivery system;

(b) The delivery system either is equipped with an automatic shutoff or flow control mechanism or includes a means for returning water to the surface water source through an enclosed delivery system; and

(c) The operation is located on land from which the livestock would otherwise have legal access to both the use and source of the surface water source.

(3) If the diversion system described in subsection (2) of this section is located within or above a scenic waterway, the amount of water that may be used without a water right is limited to one-tenth of one cubic foot per second per 1,000 head of livestock. Nothing in this section shall prevent the Water Resources Commission from approving an application for a water right permit for a delivery system not qualifying under subsection (2) of this section.

(4) The Water Resources Department, in conjunction with local soil and water conservation districts, the Oregon State University Extension Service, the State Department of Agriculture and the State Department of Fish and Wildlife and any other organization interested in participating, shall develop and implement a voluntary educational program on livestock management techniques designed to keep livestock away from streams and riparian areas.

(5) To qualify for an exempt use under subsection (1)(g) of this section, the user shall:

(a) Submit notice of the proposed use, including the identification of the proposed water source, to the Water Resources Department and to the State Department of Fish and Wildlife at the time notice is provided to other affected agencies pursuant to ORS 527.670 (Commencement of operations) ; and

(b) Comply with any restrictions imposed by the department pertaining to sources of water that may not be used in conjunction with the proposed activity.

(6) Except for the use of water under subsection (1)(i) of this section, the Water Resources Commission by rule may require any person or public agency diverting water as described in subsection (1) of this section to furnish information with regard to such water and the use thereof. For a use of water described in subsection (1)(i) 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. [1993 c.595 §3; 1995 c.184 §1; 1995 c.274 §9a; 1995 c.537 §2; 1995 c.752 §7; 1997 c.199 §1; 1997 c.244 §2; 1999 c.335 §1; 2001 c.248 §11; 2003 c.470 §4; 2007 c.189 §1]

Note: 537.141 (Uses of water not requiring water right application, permit or certificate) was added to and made a part of ORS chapter 537 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.141 — Uses of water not requiring water right application, permit or certificate; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.468 — OR Code / Title 45 / Chapter 545 / Section 545.468
545.468 Exemption of parcel of land from payment of charge or assessment
Status: in_force

(1) In addition to and notwithstanding any other provision in this chapter, the board of directors of an irrigation district, by resolution, may exempt a parcel of land in the district from payment of any charge or assessment authorized by this chapter when:

(a) The parcel of land is unable to receive water from the district for irrigation or domestic use and the parcel consists of two acres or less; or

(b) The water right appurtenant to the parcel has been transferred by the district to other land within the district under ORS 540.572 (Application of certificated water elsewhere within district) to 540.580 (Permanent transfer of place of use of water within district) , and the other land has been included in the district subject to the liens and charges or assessments of the district for the delivery of irrigation water.

(2) The owner of a parcel of land exempt from payment of charges or assessments under this section is not an elector of the district unless the owner qualifies as an elector through ownership of other land within the district. [1985 c.581 §4; 1991 c.957 §14; 1995 c.42 §106]

Source: Section 545.468 — Exemption of parcel of land from payment of charge or assessment; qualification of owner of excluded parcel as district elector , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.145 — OR Code / Title 45 / Chapter 545 / Section 545.145
545.145 Certificate of vote
Status: in_force

As soon as all the votes are counted, a certificate shall be drawn up on each of the papers containing the tallies, or shall be attached to those papers. The certificate shall state the number of votes each candidate has received and shall designate the office for which the person was a candidate. The number of votes stated on the certificate shall be written in words and figures at full length. Each certificate shall be signed by all the members of the board of election. One of the certificates and the tally paper to which it is attached shall be retained by the presiding officer of the board of election and preserved by the presiding officer for at least six months. During the counting, the ballots shall be strung on a cord or thread by the presiding officer in the order in which they are entered upon the tally lists. The ballots, together with the other certificate and tally papers to which it is attached and a poll list of the voters voting at the election, shall be sealed by the presiding officer in the presence of the other judges, indorsed “Election returns of (naming the precinct) precinct,” and directed to the secretary of the board of directors. The ballots and other materials shall be immediately delivered to the secretary of the board by the presiding officer, or by another safe and responsible carrier designated by the presiding officer. The ballots shall be kept unopened for at least six months, except that the ballots may be opened at any time at the direction of the board of directors for the purpose of canvassing the returns or conducting a recount of the ballots. If any person is of the opinion that the vote of any precinct has not been correctly counted, the person may appear on the day appointed by the board of directors to open and canvass the returns and demand a recount of the votes of the precinct that the person claims have been incorrectly counted. [Formerly 545.032]

Source: Section 545.145 — Certificate of vote; stringing of ballots; sealing of returns; delivery to board secretary; recount , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 548.005 — OR Code / Title 45 / Chapter 548 / Section 548.005
548.005 Organization of irrigation, drainage or flood control district by owners of lands subject to assessment by district improvement company or improvement district
Status: in_force

Where any lands are subject to assessment by a corporation under the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) , or by a corporation organized before March 4, 1937, under the provisions of chapter 172, Oregon Laws 1911, and Acts amendatory thereof, the owners of the lands or any part thereof and the owners of any additional lands adjacent thereto may proceed to organize irrigation districts or drainage districts or flood control districts under the laws of Oregon. Any of such districts when organized may assume any of the valid outstanding liens or obligations of the district improvement company or improvement district and refund the same and issue district bonds therefor.

Source: Section 548.005 — Organization of irrigation, drainage or flood control district by owners of lands subject to assessment by district improvement company or improvement district; assumption of obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 558.040 — OR Code / Title 45 / Chapter 558 / Section 558.040
558.040 Application for license
Status: in_force

(1) Any person desiring to do any of the acts specified in ORS 558.030 (Artificial weather modification prohibited without license) shall file with the State Department of Agriculture an application for a license on a form to be supplied by the department for such purpose setting forth all of the following:

(a) The name and post-office address of the applicant.

(b) The education, experience and qualifications of the applicant, or if the applicant is not an individual, the education, experience and qualifications of the persons who will be in control and in charge of the operation of the applicant.

(c) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.

(d) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such operation and the manner in which the production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the operation.

(e) The method and type of equipment and the type and composition of the materials that the applicant proposes to use.

(f) Such other pertinent information as the department may require.

(2) Each application shall be accompanied by a filing fee in the sum of $100, and proof of financial responsibility as required by ORS 558.050 (Proof of financial responsibility) . [1953 c.654 §4; 1975 c.420 §1]

Source: Section 558.040 — Application for license; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 537.332 — OR Code / Title 45 / Chapter 537 / Section 537.332
537.332 Definitions for ORS 537.332 to 537.360
Status: in_force

As used in 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) :

(1) “In-stream” means within the natural stream channel or lake bed or place where water naturally flows or occurs.

(2) “In-stream flow” means the minimum quantity of water necessary to support the public use requested by an agency.

(3) “In-stream water right” means a water right held in trust by the Water Resources Department for the benefit of the people of the State of Oregon to maintain water in-stream for public use. An in-stream water right does not require a diversion or any other means of physical control over the water.

(4) “Public benefit” means a benefit that accrues to the public at large rather than to a person, a small group of persons or to a private enterprise.

(5) “Public use” includes but is not limited to:

(a) Recreation;

(b) Conservation, maintenance and enhancement of aquatic and fish life, wildlife, fish and wildlife habitat and any other ecological values;

(c) Pollution abatement; or

(d) Navigation. [1987 c.859 §2; 1995 c.416 §32]

Source: Section 537.332 — Definitions for ORS 537.332 to 537.360 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 553.630 — OR Code / Title 45 / Chapter 553 / Section 553.630
553.630 Terms and conditions of bonds
Status: in_force

(1) The bonds issued shall be numbered consecutively, commencing with number 1. They shall mature serially in annual amounts so as to be approximately equal, principal and interest, commencing not more than five years and extending not more than 50 years after the date of issue, as the board of directors may determine, or in case the board deems it advisable to submit the question of maturities at the bond election, then as the electors may determine. They shall be negotiable in form. The bonds may be issued when so authorized by the electors so as to include a sum sufficient to pay the first four years’ interest, or less, to accrue on the bonds.

(2) The bonds shall bear interest at a rate determined by the board of directors, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the places designated in the bonds and coupons. The bonds shall be signed by the president and secretary. Coupons for interest shall be attached to each bond, and may be signed with the printed, lithographed or engraved facsimile signature of the secretary.

(3) The secretary of the district shall register the bonds in books kept in the office of the secretary for that purpose, and therein must be stated the number, date, amount of bond, time and place of payment, rate of interest, number of coupons attached, and any other description proper for future identification of each bond. This section shall not be construed to provide that any bond of the district shall bear a registration certificate by the secretary. [1965 c.623 §20; 1969 c.691 §10; 1991 c.459 §431d]

Source: Section 553.630 — Terms and conditions of bonds; bond register , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 551.080 — OR Code / Title 45 / Chapter 551 / Section 551.080
551.080 Application for payment of assessments in installments
Status: in_force

After the assessments have been made, the owner of any property assessed for such improvement in a sum not less than $50 may, at any time within 10 days after the cost of such diking district has been apportioned, file with the clerk of the county court a written application to pay the assessment in installments. The application shall state that the applicant waives all irregularities or defects, jurisdictional or otherwise, in the proceedings to create the diking district, and in the assessment and apportionment of costs. The application shall contain a provision that the applicant agrees to pay the assessment in five annual installments with interest at the rate of six percent per annum. But no such application shall be received and accepted where the assessment exceeds the assessed valuation of the property on the tax roll of the county. The installments shall be paid annually from the time of the apportionment of the costs. In case of default in the payment of any installment for 20 days after it becomes payable, the whole of the remaining unpaid sum shall be collected as a tax against the property assessed for the same.

Source: Section 551.080 — Application for payment of assessments in installments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 537.495 — OR Code / Title 45 / Chapter 537 / Section 537.495
537.495 Receipt by state agency or political subdivision of right to use conserved water
Status: in_force

Any agency or political subdivision of this state may purchase a right to the use of conserved water, as defined under ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) , or accept a gift of a right to the use of conserved water as defined under ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) . If an agency or political subdivision requests that the conserved water remain in the stream, the commission shall manage the water in a manner that results in the conserved water remaining in the stream. [1987 c.264 §9; 1993 c.641 §8]

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

Source: Section 537.495 — Receipt by state agency or political subdivision of right to use conserved water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.028 — OR Code / Title 45 / Chapter 536 / Section 536.028
536.028 Rules pertaining to human or livestock consumption uses within or above scenic waterway
Status: in_force

In accordance with applicable provisions of ORS chapter 183, the Water Resources Commission may adopt rules necessary to administer the provisions of ORS 390.835 (Highest and best use of waters within scenic waterways) pertaining to the issuance of a water right within or above a scenic waterway. [1993 c.99 §3; 1995 c.719 §2]

Source: Section 536.028 — Rules pertaining to human or livestock consumption uses within or above scenic waterway , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 537.356 — OR Code / Title 45 / Chapter 537 / Section 537.356
537.356 Request for reservation of unappropriated water for future economic development
Status: in_force

(1) Any local government, local watershed council or state agency or any other individual cooperating jointly with a local government, local watershed council or state agency may request the Water Resources Commission to reserve unappropriated water for multipurpose storage for future economic development.

(2) A request under subsection (1) of this section shall be in writing on a form provided by the Water Resources Department. Before deciding whether to approve the request and initiate a rulemaking process, the commission shall request comments from any local government or watershed council within the geographic area or basin affected by the request. The comment period shall be closed not later than 120 days after the request is submitted.

(3) The priority date for any reservation established under this section shall be the date on which the commission takes action to initiate the rulemaking process. [1987 c.859 §13; 1997 c.445 §1]

Source: Section 537.356 — Request for reservation of unappropriated water for future economic development; priority date of reservation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 558.365 — OR Code / Title 45 / Chapter 558 / Section 558.365
558.365 Limitation on membership
Status: in_force

Nothing in ORS 558.200 (Definition of “county court.”) to 558.440 (Special elections) authorizes the district to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the district at the time of the creation of a membership status under a retirement plan. [1969 c.698 §59]

Source: Section 558.365 — Limitation on membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 536.915 — OR Code / Title 45 / Chapter 536 / Section 536.915
536.915 Remission or reduction of penalty
Status: in_force

A civil penalty imposed under ORS 536.900 (Civil penalties) may be remitted or reduced upon such terms and conditions as the Water Resources Commission considers proper and consistent with the public health and safety and protection of the public interest in the waters of this state. [1989 c.618 §4]

Note: See note under 536.900 (Civil penalties) .

Source: Section 536.915 — Remission or reduction of penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 553.815 — OR Code / Title 45 / Chapter 553 / Section 553.815
553.815 Judicial review of tax or assessment
Status: in_force

Owners of any property against which an assessment or tax has been levied may seek a review thereof under ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review) . [1969 c.691 §15]

Source: Section 553.815 — Judicial review of tax or assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.637 — OR Code / Title 45 / Chapter 545 / Section 545.637
545.637 Hearing on petition
Status: in_force

(1) After the expiration of 90 days from the date of the first publication of the notice, the district shall file in the proceeding in the circuit court its verified return of its acts made under the order of the court, attaching affidavits of the publication of the notice in three newspapers. Thereupon the court shall promptly hear the cause and shall enter a judgment providing that all the owners and holders of the evidences of indebtedness to be retired or refunded by the plan of the district, who have not within 90 days after the date of the first publication of the notice filed in the court their written dissent and objections to the proceedings, have consented to having their evidences of indebtedness retired or refunded under the proposed plan.

(2) In the judgment the court shall direct the officers of the district to deposit with the county treasurer of the county in which the district is headquartered, as trustee for the persons entitled thereto, the pro rata part of the cash or refunding bonds, or both, which, under the settlement, belongs to the holders of the evidences of indebtedness whose consent was obtained by the court proceedings. The judgment shall provide that upon payment to the county treasurer as trustee, the evidences of indebtedness shall be considered paid and shall no longer be an obligation of the district. The judgment shall further provide that upon the surrender to the county treasurer of the bonds, together with the unpaid interest coupons belonging to the bonds, the county treasurer shall pay on demand to the holders their pro rata part of the moneys or bonds deposited with the county treasurer as trustee, shall mark the bonds canceled and shall deliver them to the irrigation district.

(3) All holders of evidences of indebtedness to be retired or refunded shall be considered to have notice of all steps and proceedings taken under this section, ORS 545.629 (Declaration of intent to dispose of bonds) , 545.631 (Consent of creditors to refunding of indebtedness) , 545.633 (Obtaining constructive consent of unknown or dissenting creditors) and 545.635 (Notice of court proceeding to obtain constructive consent) . [Formerly 545.286; 2003 c.576 §501]

Source: Section 545.637 — Hearing on petition; judgment; trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 550.160 — OR Code / Title 45 / Chapter 550 / Section 550.160
550.160 Definitions
Status: in_force

As used in ORS 550.150 (Purpose of ORS 550.150 to 550.410) to 550.410 (Additional cause of action for certain impairments of district works) , unless the context requires otherwise:

(1) “Board of directors” means the nine-member board of directors of the urban flood safety and water quality district selected under ORS 550.195 (Board of directors) .

(2) “District” means the urban flood safety and water quality district created under ORS 550.170 (Urban flood safety and water quality district) .

(3) “Elector” means an individual qualified to vote under Article II, section 2, of the Oregon Constitution, who resides in the district.

(4) “File for record” means to file a document for recording with the county clerk.

(5) “Green infrastructure” means infrastructure adapted to wet weather management that:

(a) Infiltrates, evapotranspires, captures and reuses storm water to maintain or restore natural hydrology;

(b) Protects or restores natural landscapes;

(c) Uses rain gardens, porous pavements, green roofs, infiltration planters, trees, tree boxes, bioswales or other green infrastructure strategies; or

(d) Harvests rain water from an artificial impervious surface for nonpotable uses, including landscape irrigation and toilet flushing.

(6) “Initial district board” means the 17-member appointed board of directors under ORS 550.190 (Initial district board) (1).

(7) “Land” or “tract of land” means real property, including improvements on the property.

(8) “Landscape resilience” means the ability of a landscape to sustain ecological functions, native biodiversity and critical landscape processes over time, under changing conditions and despite multiple stressors and uncertainties.

(9) “Managed floodplain” means the portion of the historic Columbia River floodplain located in northern Multnomah County that requires or benefits from management to accomplish the purposes of the district, as determined by the board of directors.

(10) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined) .

(11) “Works” means dams and storage reservoirs for flood risk reduction, canals, ditches, dikes, levees, revetments, green infrastructure and all other structures, facilities, improvements and property necessary or convenient for conveying and controlling water for the purpose of flood control, environmental benefits or water quality. [2019 c.621 §2; 2022 c.16 §1]

Source: Section 550.160 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 553.350 — OR Code / Title 45 / Chapter 553 / Section 553.350
553.350 Assessment of benefits and damages by appraisers
Status: in_force

(1) The appraisers shall assess the amount of benefits and the amount of damages, if any, that will accrue to each tract of land which they are directed by the board of directors to appraise, and shall determine the value of any lands to be acquired and used for rights of way and other purposes by the subdistrict. The appraisers shall determine the benefits to the lands themselves and to any buildings and other structures erected on such lands. The appraisers shall take into consideration the agricultural or other uses of such lands, the increase in value thereof upon the completion of the proposed works, and the increased income which will be derived from the lands upon the construction of the works. In making their appraisal, the appraisers shall give due consideration and credit to any works that have already been constructed and which benefit any tract of land they are appraising. The appraisers shall have no power to change the engineering plan.

(2) Whenever it appears to the appraisers that the benefits to all the lands within the subdistrict will be less in value than the cost of the proposed works, the appraisers shall file a preliminary report of their work with the board of directors and recommend to the board that the engineering plan be amended so that the proposed works can be constructed at a cost less than the benefits to be derived therefrom. If the board obtains an amended engineering plan, the appraisers shall proceed with their work.

(3) Upon completing their work, the appraisers shall file a final report with the court and certify that the appraisal has been completed and that there is nothing further for them to do in regard to the matter.

Source: Section 553.350 — Assessment of benefits and damages by appraisers; benefits less than costs; recommendation to amend engineering plan; final report and certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 547.455 — OR Code / Title 45 / Chapter 547 / Section 547.455
547.455 Annual charge or assessment
Status: in_force

(1) The board of supervisors shall each year make a computation of the whole amount of money to be raised by the district through charges or assessments for the ensuing year for any purposes whatsoever in carrying out the provisions of the Drainage District Act, including maintenance and operation and estimated delinquencies on charges or assessments. This amount when determined by the board shall constitute an assessment upon all the land included in the district and shall be apportioned by the board in accordance with the report of the commissioners as confirmed or amended by the court as provided for in ORS 547.235 (Exceptions to report or assessment) .

(2) Any land owned by any person totaling less than one acre shall be charged or assessed as one acre.

(3) Any land, the title to which is vested in the state, or state lands sold under contract in any drainage district, shall be subject to charge or taxation by the district, and the full amount of the charge or assessment due against such lands shall be paid to the district at the same times and in the same manner as other drainage district charges and assessments are paid.

(4) The tax collector shall receive any past due bond of the drainage district or any past due interest coupon from any bond of the district in payment of any charge or assessment made for the purpose of paying bonds or bond interest of the district, and shall receive in payment of charges or assessments levied for operation and maintenance purposes any warrants drawn upon the operation and maintenance fund, such warrants received in payment of charges and assessments to be in order of issuance. [Amended by 1953 c.446 §3; 1991 c.459 §425j]

Source: Section 547.455 — Annual charge or assessment; computation; apportionment; liability of state lands; payment of assessments by bonds, coupons or warrants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 541.960 — OR Code / Title 45 / Chapter 541 / Section 541.960
541.960 Title restrictions on land purchased through grant agreement
Status: in_force

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

(a) Ensure consistency with the intent of the original grant;

(b) Ensure the ability of the party receiving the land through the sale or transfer to carry out the obligations under the grant agreement; and

(c) Address the disposition of proceeds from the sale or transfer, including any provisions for repayment, with interest, of any grant funds.

(2) The board may not allow a sale or transfer that results in any profit to any person.

(3) The board shall, by rule, define “profit” for the purpose of not allowing sales or transfers and shall specify the process and criteria that the board will use in considering whether to approve, approve with conditions or deny a sale or transfer. [Formerly 541.376]

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

Source: Section 541.960 — Title restrictions on land purchased through grant agreement; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.009 — OR Code / Title 45 / Chapter 554 / Section 554.009
554.009 Correcting filed document
Status: in_force

(1) A corporation may correct a document filed by the Secretary of State, other than an annual report, if the document contains an incorrect statement or was defectively executed, attested, sealed, verified or acknowledged.

(2) A corporation shall correct a document by delivering articles of correction to the Office of the Secretary of State. The articles shall include the following:

(a) A description of the document, including its filing date, or a copy of the document.

(b) The incorrect statement and the reason it is incorrect, or a description of the manner in which the execution, attestation, seal, verification or acknowledgment is defective.

(c) A correction of the incorrect statement or defective execution, attestation, seal, verification or acknowledgment.

(3) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed. [1987 c.94 §140]

Source: Section 554.009 — Correcting filed document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 542.100 — OR Code / Title 45 / Chapter 542 / Section 542.100
542.100 Acceptance and expenditure of gifts and grants for hydrologic investigations
Status: in_force

The Water Resources Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of conducting hydrologic investigations of Oregon water resources and to assist in carrying out the commission’s functions as provided by law. All moneys received by the commission under this section shall be kept in separate accounts designated according to the purposes for which such moneys were received. The commission shall keep a true and full account of receipts and disbursements under this section. [1965 c.77 §2; 1985 c.673 §137]

Source: Section 542.100 — Acceptance and expenditure of gifts and grants for hydrologic investigations; accounting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 545.529 — OR Code / Title 45 / Chapter 545 / Section 545.529
545.529 Bonds and payments payable from assessments
Status: in_force

The bonds and the interest thereon and all payments due to the United States or the State of Oregon under any contract between the district and the United States or the State of Oregon, for which bonds of the district have not been deposited with the United States or the State of Oregon, and all obligations for the payment of money authorized and incurred under the Irrigation District Law, shall be general obligations of the district and shall be paid by the revenue derived from the annual assessments upon the land in the district. All the lands in the district shall be and remain liable to be assessed for such payments as provided in the Irrigation District Law. [Formerly 545.204]

Source: Section 545.529 — Bonds and payments payable from assessments; liability of lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 550.230 — OR Code / Title 45 / Chapter 550 / Section 550.230
550.230 General powers of district
Status: in_force

To carry out the purposes for which it was created, the urban flood safety and water quality district is a body corporate and has the power to, without limitation:

(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 in such property, located inside or outside the boundaries of the managed floodplain, as the board of directors deems necessary for the purposes of the district set forth in ORS 550.170 (Urban flood safety and water quality district) , and dispose of such real and personal property when the board of directors deems the property unnecessary for the purposes of the district set forth in ORS 550.170 (Urban flood safety and water quality district) .

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

(6) Enter into contracts with the federal government, including, without limitation, the United States Army Corps of Engineers and the Federal Emergency Management Agency.

(7) Build, construct, purchase, improve, operate and maintain, subject to all applicable provisions of law, all works that the board of directors considers necessary or desirable.

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

(9) Enter into contracts or grant agreements with nonprofit corporations or community groups.

(10) Acquire and maintain water and water rights, as the board of directors deems necessary for the purposes of the district set forth in ORS 550.170 (Urban flood safety and water quality district) .

(11) Enforce the authority of the district and protect the district’s works against public nuisances, obstructions or discharges on public or private property that the district deems to have a negative impact on the district’s works.

(12) Dissolve any drainage district or corporation described in ORS 550.360 (Dissolution of drainage or water control district or corporation) that is located entirely within the boundaries of the district and assume the assets of the dissolved district or corporation, including all lands and personal property, water rights, obligations, debts and liabilities.

(13) Do such other acts and things as may be necessary or proper for the exercise of the powers granted to the district. [2019 c.621 §9; 2022 c.16 §9]

Source: Section 550.230 — General powers of district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 537.010 — OR Code / Title 45 / Chapter 537 / Section 537.010
537.010 Definition of “Water Rights Act.”
Status: in_force

As used in this chapter, “Water Rights Act” means and embraces ORS 536.050 (Fees) , 537.120 (Right of appropriation) , 537.130 (Permit to appropriate water required) , 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit) , 537.390 (Valuation of water rights) to 537.400 (Reservoir permits) , 538.420 (Portland’s right to waters of Bull Run and Little Sandy Rivers) , 540.010 (Water districts) to 540.120 (Lien for wages and expense) , 540.210 (Distribution from ditch or reservoir) to 540.230 (Distribution of waste or seepage water) , 540.310 (Ditches and canals) to 540.430 (Nonpayment by ditch co-owner) , 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) , 540.505 (Definitions) to 540.585 (Temporary transfers within Deschutes River Basin) and 540.710 (Interference with headgate, or use of water denied by watermaster or other authority) to 540.750 (Injunction suits) . [Amended by 1985 c.673 §183; 2019 c.390 §22]

Source: Section 537.010 — Definition of “Water Rights Act.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 552.013 — OR Code / Title 45 / Chapter 552 / Section 552.013
552.013 Definitions
Status: in_force

As used in this chapter, except when the context requires otherwise:

(1) “County board” means the county court or the board of county commissioners of a county.

(2) “District” means a water improvement district proposed or created under this chapter.

(3) “District board” means the board of directors of a district.

(4) “Engineering plan” means the plans and specifications for the works to be constructed including:

(a) Maps, profiles, plans and other data necessary to show the location and character of the work, and the property benefited, taken or damaged;

(b) All rights of way or other property which may be required for the construction of the works; and

(c) Estimates of the cost of the works and of the benefits and damages which will accrue to each tract of land upon the construction of the works.

(5) “Filed for record” means to file a document for recording with the county clerk of each county in which the lands within a district are located.

(6) “Land” or “tract of land” means real property, together with improvements thereon, within a district.

(7) “Landowner,” “owner,” “owner of land” and “owner in fee” are synonymous and mean a person owning a tract of land situated within a district. The vendee named in a bona fide contract of sale of a tract of land situated within a district shall be considered a landowner to the exclusion of the vendor. When two or more persons own a tract of land as tenants in common or by the entirety, each person shall be regarded as a landowner.

(8) “Real market value” means real market value computed in accordance with ORS 308.207 (Computation of real market value for taxing or bonding limitations) .

(9) “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 water for irrigation, domestic supply or other purposes. [1969 c.606 §2; 1983 c.83 §100; 1991 c.459 §428]

Source: Section 552.013 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 552.305 — OR Code / Title 45 / Chapter 552 / Section 552.305
552.305 Powers of districts generally
Status: in_force

A water improvement district 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, and take, hold, possess and dispose of real and personal property purchased from, or donated by, the United States, or any state, territory, public body as defined in ORS 174.109 (“Public body” defined) or person for the purpose of aiding in the objects 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 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) Do such other acts or things as may be necessary for the proper exercise of the powers granted to make the greatest beneficial use of the waters of the district. [1969 c.606 §14; 2003 c.802 §136]

Source: Section 552.305 — Powers of districts generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 545.420 — OR Code / Title 45 / Chapter 545 / Section 545.420
545.420 Certification of assessments to county assessors
Status: in_force

(1) After the board has completed its assessment, it shall certify the assessment to the county assessor of each county in which district lands are situated. The certificate shall be made in the manner provided in ORS 310.060 (Notice certifying taxes) . The county assessor shall enter the apportionment upon the county assessment roll against the property described in the certificate, in the same manner that other municipal assessments are entered by the county assessor. However, the sum apportioned to and charged for operation and maintenance and the sums apportioned for all other purposes shall be entered by the assessor separately on the assessment roll as the irrigation district taxes against the property.

(2) The taxes shall be collected and accounted for in the same manner as other municipal taxes, and the collection enforced in the same manner as the other taxes of the county, except that the tax collector shall collect and account for the tax for operation and maintenance separate from the taxes levied by the district for other purposes. When paid to the county treasurer, all taxes or assessments levied and collected for operation and maintenance shall be carried in a fund to be known as the operation and maintenance fund. All warrants issued in payment for operation and maintenance shall be drawn against and paid out of that fund.

(3) Any land, title to which is vested in the state, including lands segregated under the Carey Act or state lands sold under contract, in any irrigation district, shall be subject to taxation by the district. The full amount of assessments due against the lands shall be paid to the district before the same is sold, resold or contract for sale executed. The public lands of the United States within the district, whether entered or unentered, shall be subject to taxation under the Act of Congress of August 11, 1916. [Formerly 545.452]

Source: Section 545.420 — Certification of assessments to county assessors; entry on assessment roll; collection of taxes; deposit of sums collected; disbursements from fund; taxation of state and federal lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.037 — OR Code / Title 45 / Chapter 536 / Section 536.037
536.037 Functions of director
Status: in_force

(1) Subject to policy direction by the Water Resources Commission, the Water Resources Director shall:

(a) Be administrative head of the Water Resources Department;

(b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department;

(c) Administer and enforce the laws of the state concerning the water resources of this state;

(d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning the water resources of this state;

(e) Have power to enter upon any private property in the performance of the duties of the director, doing no unnecessary injury to the private property; and

(f) Coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.932 (Watershed enhancement project assistance) with activities of other cooperating state and federal agencies participating in the project.

(2) In addition to duties otherwise required by law, the director shall prescribe internal policies and procedures for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

(3) The director may delegate to any employee of the department the exercise or discharge in the director’s name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of a person so acting in the director’s name and by the director’s authority shall be considered to be an official act of the director. [1985 c.673 §8; 1987 c.734 §14]

Source: Section 536.037 — Functions of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 540.240 — OR Code / Title 45 / Chapter 540 / Section 540.240
540.240 Lien for wages and expense
Status: in_force

In the case of a partnership ditch, pipeline or reservoir, or a ditch, pipeline or reservoir owned in common or by a mutual irrigation company incorporated under the laws of this state, the wages of the assistant watermaster and expenses incurred by the assistant in making the distribution provided for by ORS 540.210 (Distribution from ditch or reservoir) to 540.240 (Lien for wages and expense) , and the necessary and proper expense of installation and maintenance of measuring devices and headgates to provide for the just distribution of water among the several users in accordance with their respective and relative rights, shall be a lien upon the ditch, pipeline or reservoir. The lien shall attach to each tract of land entitled to the use of water for irrigation from the ditch, pipeline or reservoir, and upon the crops produced upon the lands during the irrigation season for which the distribution is made. If a ditch, pipeline or reservoir is owned or operated by a person engaged in the business of selling or renting water from the ditch, pipeline or reservoir, the wages and expense shall be a lien upon the ditch, pipeline or reservoir. The wages and expense shall be paid monthly by the water users, the mutual irrigation company, or the person engaged in the business of selling or renting water from a ditch, pipeline or reservoir. [Amended by 1985 c.421 §14]

Source: Section 540.240 — Lien for wages and expense; property subject to lien; monthly payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 545.430 — OR Code / Title 45 / Chapter 545 / Section 545.430
545.430 Objections by bondholders
Status: in_force

When any irrigation district provides for the collection of funds for the payment of bonds and bond interest in accordance with ORS 545.428 (Collection of assessments by board secretary) , if thereafter any holder of bonds of the district objects in writing to that method of collection, the district shall pay the bonds from funds obtained in the manner provided in ORS 545.529 (Bonds and payments payable from assessments) , 545.532 (Increase of assessments to meet defaults) , 545.535 (Lien against assessed lands) and 545.537 (Sale of lands for delinquency) . [Formerly 545.524]

Source: Section 545.430 — Objections by bondholders; payment from funds otherwise obtained , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.105 — OR Code / Title 45 / Chapter 547 / Section 547.105
547.105 Election of supervisors
Status: in_force

(1) Within 30 days after any drainage district has been organized under the provisions of the Drainage District Act, the county clerk of the county in which the petition was filed shall call a meeting of the owners of land situated in the district for the purpose of electing a board of supervisors with three or five supervisors as determined by the owners of land within the district.

(2) The county clerk shall give notice of the meeting by publication in some newspaper published in each county in which lands of the district are situated, at least 10 days before the date of the meeting.

(3) The supervisors must be owners of land in the district.

(4) Intentionally left blank —Ed.

(a) The owners, assembled at the place and time required by the notice, shall organize by the election of a chairperson and secretary of the meeting who shall conduct the election. Each owner is entitled to one vote in person or by proxy for each acre of land owned by the owner in the district. If an owner is a not a natural person, the owner may appoint a designee, in a writing filed with the secretary, to exercise the authority of the owner, including the voting and serving as a supervisor of the district. The designee shall serve as a representative of the owner until the designee resigns, or the owner replaces the designee, in a writing filed with the secretary.

(b) Notwithstanding paragraph (a) of this subsection, at or before the organizing meeting, an owner that is not a natural person may appoint a designee in a writing filed with the county clerk.

(5) The three or five persons receiving the highest number of votes must be declared elected as supervisors. The supervisors shall determine the terms of their offices by lot. If three supervisors are elected, the supervisors shall serve, respectively, one, two and three years. If five supervisors are elected, one supervisor shall serve one year, two supervisors shall serve two years, and two supervisors shall serve three years. The supervisors first elected shall serve until their successors are elected and qualified.

(6) At a meeting of owners, owners that represent at least a majority of the acreage in the district constitute a quorum for the transaction of district business. In a year in which a quorum of owners is not achieved at the annual meeting called under ORS 547.110 (Annual meeting) , owners representing at least 35 percent of the acreage in the district constitute a quorum for the annual meeting in the succeeding year. [Amended by 1959 c.379 §1; 2003 c.223 §1; 2015 c.544 §18]

Source: Section 547.105 — Election of supervisors; qualifications and terms of office; quorum for transaction of business at owners’ meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.470 — OR Code / Title 45 / Chapter 540 / Section 540.470
540.470 Contested case hearings
Status: in_force

If the Water Resources Director issues a proposed final order under ORS 540.461 (Plan and time frame for corrective action) , regarding a dam that the Water Resources Department has concluded is unsafe, and the director requests that the scheduling of any contested case hearing on the proposed final order be expedited, the Office of Administrative Hearings shall expedite the date of the contested case hearing to the extent that the office considers is practicable and will give the dam owner reasonable time to prepare. [2019 c.390 §11]

Source: Section 540.470 — Contested case hearings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.720 — OR Code / Title 45 / Chapter 543 / Section 543.720
543.720 Payment of annual fee
Status: in_force

(1) The fees provided for in ORS 543.710 (Annual fee based on horsepower) shall be paid to the Water Resources Commission in advance, and shall be accompanied by a written statement showing the extent of the claim. The statement shall set forth the name and address of the claimant; the name of the stream from which the water is appropriated or claimed for power development; a description of the 40 acres, or smallest legal subdivision in which the point of diversion and point of return are located; the date of the right as claimed; the maximum amount of water claimed expressed in cubic feet per second of time; the total average fall utilized under such claim; the manner of developing power; and the use to which the power is applied. If the regular flow is supplemented by water stored in a reservoir, the location of the reservoir, its capacity in acre-feet and the stream from which it is filled and fed, should be given, also the date of the right as claimed, for storage purposes.

(2) If any claimant fails or neglects to file the statement or to pay the fees within the time specified, the fees due and payable shall be the amount specified in ORS 543.710 (Annual fee based on horsepower) increased 25 percent. The state shall have a preference lien for the fees due, together with interest at the rate of 10 percent per annum from date of delinquency, upon the property of the claimant used, or necessary for use, in the development of the right or claim, together with any improvements erected on the property for such development. Upon notice from the commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed.

(3) The filing of a claim to water in excess of the amount to which the claimant is legally entitled shall not operate to vest in the claimant any right to the use of such excess water, nor shall the payment of the annual license fee provided for in ORS 543.710 (Annual fee based on horsepower) operate to vest in any claimant any right to the use of such water beyond the amount to which claimant is legally entitled. The filing of any such claim to water shall be conclusive evidence as to the abandonment by the claimant of all rights to water for power purposes in excess of the claim as filed.

(4) The amount of theoretical water horsepower upon which fees shall be paid under the provisions of this section and ORS 543.710 (Annual fee based on horsepower) shall be computed by multiplying the maximum amount of water claimed, expressed in cubic feet per second, by the average total fall utilized, expressed in feet, and dividing the product by 8.8. [Amended by 1985 c.673 §163]

Source: Section 543.720 — Payment of annual fee; accompanying statement; penalty for nonpayment of fees or nonfiling; lien; foreclosure; effect of filing excessive claim; computation of horsepower , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.575 — OR Code / Title 45 / Chapter 537 / Section 537.575
537.575 Permits granted, approved or pending under former law
Status: in_force

Any permit granted or application for a permit approved under ORS 537.510, 537.520, 537.530, 537.540, 537.550, 537.560, 537.570, 537.580, 537.590 and 537.600 prior to and still valid and in effect on August 3, 1955, is considered to be a permit issued under ORS 537.625 (Final order) . Any application for a permit under ORS 537.510, 537.520, 537.530, 537.540, 537.550, 537.560, 537.570, 537.580, 537.590 and 537.600 prior to, pending and not yet approved on August 3, 1955, shall be governed as an application for a permit under ORS 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water) , 537.620 (Determination of completeness of application) , 537.621 (Review of application) , 537.622 (Contested case hearing) and 537.625 (Final order) . [1955 c.708 §6(1); 1999 c.59 §171]

Source: Section 537.575 — Permits granted, approved or pending under former law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 558.345 — OR Code / Title 45 / Chapter 558 / Section 558.345
558.345 Disposal of taxes levied when organization declared invalid
Status: in_force

When an attempt has been made to organize a district under the provisions of ORS 558.200 (Definition of “county court.”) to 558.440 (Special elections) and subsequently by a judgment of a court it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows:

(1) If the area embraced in the invalid organization is embraced in a subsequently created organization composed of unincorporated or incorporated territory, or combinations thereof, for the purpose of weather modification, the custodian of the taxes collected for the invalid organization shall turn them over to the subsequent organization to be used only for the purpose of weather modification.

(2) If the subsequent organization does not embrace all territory embraced in the invalid organization, such taxes as have been collected from the levy upon property in areas not embraced in the subsequent organization shall be refunded to the payers thereof by the custodian of the taxes before the balance is turned over to the subsequent organization.

(3) If no such subsequent organization is created for weather modification, within a period of two years after the entry of the judgment of invalidation, the taxes collected shall be refunded by the custodian of them to the taxpayers who paid them. [1969 c.698 §19; 2003 c.576 §522]

Source: Section 558.345 — Disposal of taxes levied when organization declared invalid , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 547.205 — OR Code / Title 45 / Chapter 547 / Section 547.205
547.205 Appointment of engineer
Status: in_force

Within 30 days after organizing, the board of supervisors shall appoint a competent civil engineer as chief engineer, who may be an individual, partnership or corporation, and who shall engage such assistants as the board of supervisors may approve. The chief engineer shall:

(1) Have control of the engineering work in the district.

(2) Make all necessary surveys of the lands within the boundary lines of the district, as described in the petition, and of all lands adjacent thereto that may or will be improved or reclaimed in part or in whole by any system of drainage or levees that may be outlined and adopted.

(3) Make a report in writing to the board of supervisors with maps and profiles of the surveys, which report shall contain a plan for draining and reclaiming the lands described in the petition or adjacent thereto from overflow of or damage by water, and which maps and profiles shall indicate so far as necessary the physical characteristics of the lands, and location of any public roads, railroads and other rights of way, roadways and other property or improvements located on such lands.

Source: Section 547.205 — Appointment of engineer; duties; surveys; report; maps , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 539.230 — OR Code / Title 45 / Chapter 539 / Section 539.230
539.230 Notice of need to file registration statement
Status: reserved

(1) In order to preserve information relating to claims to undetermined vested rights as described in ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) and federal reserved rights, the Water Resources Director shall prepare a general notice stating the need for any person, corporation or governmental agency claiming an undetermined vested right, federal reserved right or a right derived from such rights to file a registration statement as required under ORS 539.240 (Claim to undetermined right to appropriate surface water) . The notice shall outline the process for obtaining a blank registration statement and shall describe the rights that may be claimed under this chapter.

(2) The notice required under subsection (1) of this section shall be published at least two times in one or more newspapers having general circulation in each county in which streams with potentially vested rights or reserved rights that have not been adjudicated under this chapter are located.

(3) In addition to the notice described under subsection (2) of this section, in any rural county in which there is not a newspaper having general circulation, the director shall use additional methods of providing notice of the requirement to file a registration statement. These methods may include but need not be limited to holding public meetings, inserting announcements in trade or organization newsletters, public service announcements on local radio stations and informing the county extension agent of the requirement. [1987 c.541 §4; 1989 c.691 §13; 1991 c.67 §154]

Source: Section 539.230 — Notice of need to file registration statement; publication requirements; additional methods of providing notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 537.220 — OR Code / Title 45 / Chapter 537 / Section 537.220
537.220 Assignment of application, permit or license
Status: in_force

(1) Any application, permit or license to appropriate water may be assigned, subject to the conditions of the application or permit, but no such assignment shall be binding, except upon the parties to the assignment, unless filed for record in the Water Resources Department.

(2) An assignment of an application, permit or license to appropriate water filed for record with the Water Resources Department shall identify the current record owners of all property described in the application, permit or license. The assignor shall furnish proof acceptable to the department that notice of the assignment has been given or attempted for each identified property owner not a party to the assignment. [Amended by 1985 c.673 §34; 1995 c.367 §1]

Source: Section 537.220 — Assignment of application, permit or license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 540.270 — OR Code / Title 45 / Chapter 540 / Section 540.270
540.270 Distribution from irrigation districts and improvement companies
Status: in_force

Nothing contained in ORS 540.210 (Distribution from ditch or reservoir) to 540.260 (Lien for wages and expense) shall be applicable to the distribution of water from the irrigation systems or works of irrigation districts or district improvement companies unless requested by the district. Distribution of water from such irrigation systems or works shall be under the exclusive control of the directors of the irrigation districts and district improvement companies unless the watermaster has been requested by the district to distribute the water. [Amended by 1969 c.303 §1]

HYDRAULIC WORKS AND STRUCTURES; MEASURING DEVICES; DITCH RIGHT OF WAY

Source: Section 540.270 — Distribution from irrigation districts and improvement companies; applicability of ORS 540.210 to 540.260 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 549.620 — OR Code / Title 45 / Chapter 549 / Section 549.620
549.620 Acquisition of property
Status: in_force

The Water Resources Commission may acquire property, as defined in ORS 35.550 (Definitions for ORS 35.550 to 35.575) (1), by purchase, donation or condemnation in the manner provided in ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required) , when necessary to carry out the duties assigned it by ORS 549.610 (Water Resources Commission to participate on behalf of state in federal flood control projects) . [1957 c.466 §4]

Source: Section 549.620 — Acquisition of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 545.651 — OR Code / Title 45 / Chapter 545 / Section 545.651
545.651 Constructive consent of holders of outstanding indebtedness
Status: in_force

(1) For the purpose of obtaining constructive consent of the unknown owners or holders of the bonds or other evidences of indebtedness, who have not either personally or through a protective committee become party to the contract executed in accordance with ORS 545.643 (Contract providing plan of liquidation) to 545.667 (State Treasurer as depository) , the board of directors shall file a petition in rem verified by the oath of the president or secretary of the district. The petition shall substantially describe the terms and conditions of the contract executed by the district for the liquidation of the bonds or other evidences of indebtedness. The petition shall be filed in the circuit court for the county in which the office of the district is located.

(2) The petition shall further state what percentage of owners or holders of bonds or other evidences of indebtedness have become parties to the contract. The percentage shall be not less than 80 percent of those owners or holders. The petition shall further set forth what steps have been taken to get the consent of all nonconsenting owners or holders of the bonds or other evidences of indebtedness. [Formerly 545.320]

Source: Section 545.651 — Constructive consent of holders of outstanding indebtedness; procedure for obtaining consent; petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 552.625 — OR Code / Title 45 / Chapter 552 / Section 552.625
552.625 Maximum rate of tax levy
Status: in_force

(1) Subject to subsection (2) of this section, a district shall not levy an ad valorem tax in any one year in excess of the maximum rate of levy authorized, which shall be stated in the petition for creation of the district, unless a change in the maximum rate is first approved by the electors. The rate of levy shall be stated in dollars and cents per thousand dollars of assessed value.

(2) A maximum rate of levy fixed upon creation of the district may be increased or decreased by a majority of those voting on a proposed change at an election called for that purpose. An election on the question of a change shall be called by the district board upon a petition therefor signed by not less than 30 landowners. The question may be submitted to the electors on the motion of the board.

(3) A maximum rate of levy fixed as provided by this section is in addition to and not in lieu of any other tax limit provided by law. However, all other tax limits are subordinate to the maximum rate fixed as provided by this section. Notwithstanding any other law, the district board shall not in any one year levy an ad valorem tax in excess of the rate, except when the tax is levied under ORS 552.623 (Ad valorem tax levy, collection, enforcement) (2) to pay principal and interest on district bonds outstanding.

(4) A certified copy of the district board order declaring the results of an election approving a change in the maximum rate of levy under this section shall be filed for record. [1969 c.606 §44]

Source: Section 552.625 — Maximum rate of tax levy; procedure to change rate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.350 — OR Code / Title 45 / Chapter 537 / Section 537.350
537.350 Legal status of in-stream water right
Status: in_force

(1) After the Water Resources Commission issues a certificate for an in-stream water right under ORS 537.341 (Certificate for in-stream water right) to 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) , the in-stream water right shall have the same legal status as any other water right for which a certificate has been issued.

(2) An in-stream water right is not subject to cancellation under ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation) or 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.450 (Rules for proof as to work and use of water under permits) but an in-stream water right may be canceled under ORS 540.610 (Use as measure of water right) to 540.650 (Issuance of new water right certificate for water rights not canceled) . [1987 c.859 §10]

Source: Section 537.350 — Legal status of in-stream water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 547.555 — OR Code / Title 45 / Chapter 547 / Section 547.555
547.555 Bonds
Status: in_force

(1) The board of supervisors may, if in its judgment it seems best, and subject to the approval of the electors of the district, issue bonds of the district for any purpose necessary or convenient to carry out the provisions of the Drainage District Act, including refunding of outstanding bonds, in denominations of not less than $100, bearing interest from date at a rate determined by the board, payable semiannually, to mature at annual intervals within 40 years, commencing after a period of years not later than five years, to be determined by the board of supervisors, both principal and interest being payable at some convenient insured institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , that is named in the bonds. Principal and interest, including principal, interest and premium payments made to redeem bonds under ORS 547.580 (Retirement of bonds before maturity) , may be payable at the office of the treasurer of the district.

(2) The bonds shall be signed by the president of the board, attested with the seal of the district and by the signature of the secretary of the board. They may be issued so as to mature serially in annual amounts so as to be approximately equal, principal and interest, and may be issued so as to include a sum sufficient to pay the first four years’ interest, or less, to accrue on the bonds. [Amended by 1969 c.694 §36; 1977 c.188 §8; 1983 c.740 §215; 1991 c.459 §425t; 1997 c.631 §490; 2001 c.215 §20]

Source: Section 547.555 — Bonds; issuance; interest; place of payment; maturities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 558.415 — OR Code / Title 45 / Chapter 558 / Section 558.415
558.415 Procedure to increase number of commissioners
Status: in_force

(1) This section establishes the procedure that a district having fewer than five commissioners shall use to decide whether the number of commissioners should be increased to five. The proposition to increase the number shall be decided by election. The proposition shall be submitted at the next regular district election if a petition requesting an election on the proposition is filed as provided in this section. The requirement for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 (Prospective petition) to 255.205 (Retention of petition materials) .

(2) If a petition is filed under subsection (1) of this section, electors in the district may be nominated for the proposed additional position or positions under ORS 255.235 (Nomination of candidates for election to district boards) . The electors of the district voting at the regular district election at which the proposition is submitted shall vote for candidates to fill the proposed additional position or positions.

(3) If the proposition is approved by the electors of the district, the additional commissioner or commissioners, after first taking and subscribing the oath of office, shall be elected to the following terms:

(a) If one additional commissioner is elected under this section, the term of that commissioner shall expire June 30 next following the next regular district election at which less than one-half of the commissioners, including the additional commissioner, are elected.

(b) If more than one additional commissioner is elected, at the first regular meeting of the board after the newly elected commissioners take office, the newly elected commissioners shall determine by lot the length of term each shall hold office in a manner so as to comply with ORS 558.400 (Board of commissioners) (2). [1969 c.698 §32; 1973 c.796 §73; 1975 c.647 §49; 1983 c.83 §104; 1983 c.350 §315; 1987 c.158 §118]

Source: Section 558.415 — Procedure to increase number of commissioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 548.915 — OR Code / Title 45 / Chapter 548 / Section 548.915
548.915 Determining qualified petition signatures
Status: in_force

(1) A petition shall not be accepted for filing unless the signatures thereon have been secured within six months of the date on which the first signature on the petition was affixed. Petitions shall be filed with the secretary of the district board. It is not necessary to offer all counterparts of a petition for filing at the same time, but all counterparts when certified as provided by subsection (3) of this section shall be filed at the same time.

(2) Within 10 days after the date a petition is offered for filing, the county clerk and the district secretary shall examine the petition and determine whether it is signed by the requisite number of qualified signers. If the requisite number of qualified signers have signed the petition the district secretary shall file the petition. If the requisite number have not signed, the secretary shall so notify the chief petitioners and may return the petition to the petitioners.

(3) A petition shall not be filed unless the certificate of the county clerk and the district secretary is attached thereto certifying that they have compared the signatures of the signers with the appropriate records, that they have ascertained therefrom the number of qualified signers appearing on the petition, and that the petition is signed by the requisite number of qualified signers. [1973 c.415 §4]

Source: Section 548.915 — Determining qualified petition signatures; certificate of county clerk and district secretary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 547.055 — OR Code / Title 45 / Chapter 547 / Section 547.055
547.055 Attack on validity or boundaries of district
Status: in_force

No action, suit or proceeding, under ORS 30.570 (Action to annul corporate existence on direction of Governor) or otherwise, shall be maintained for the purpose of avoiding, setting aside or otherwise questioning or affecting the validity of the organization of any district organized under the Drainage District Act, unless such action, suit or proceeding is commenced within nine months from the date of the proclamation in such matter made by the county judge; nor for the purpose of questioning the legality of the boundaries established for such corporation in such proclamation unless similarly commenced within nine months therefrom; nor for the purpose of questioning the legality of any altered boundaries of the district which may be subsequently established as provided for by ORS 547.250 (Changes in plan for reclamation) to 547.260 (Appointment of commissioners when plan amended) unless commenced within nine months from the date of the judgment. [Amended by 2003 c.576 §505]

Source: Section 547.055 — Attack on validity or boundaries of district; time for commencement of suit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 547.415 — OR Code / Title 45 / Chapter 547 / Section 547.415
547.415 Failure of owner or occupant to act
Status: in_force

If the owner or occupant of the premises upon which the clogged or obstructed ditch, lateral, drain, canal, slough, waterway or conduit is situated fails for 10 days after being notified of the existence of such clogged or obstructed condition, to repair, clean or grade the ditch, lateral, drain, canal, slough, waterway or conduit 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.

Source: Section 547.415 — Failure of owner or occupant to act; maintenance by supervisors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.633 — OR Code / Title 45 / Chapter 545 / Section 545.633
545.633 Obtaining constructive consent of unknown or dissenting creditors
Status: in_force

For the purpose of obtaining the constructive consent of the unknown holders of the evidences of indebtedness, and of holders who have not given their consent in writing, the board of directors shall file in the circuit court of the county in which the office of the irrigation district is located a petition in rem, verified by the oath of the president or secretary of the district. The petition shall set forth the plan adopted by the district for retiring or refunding the evidences of indebtedness. The petition shall also recite what percentage of the amount of the evidences of indebtedness is held by the holders of the evidences of indebtedness who have filed their written consent to the proposed plan. The percentage shall be not less than 80 percent of the amount of the evidences of indebtedness. The petition shall further set forth what steps have been taken to attain the consent of all nonconsenting holders. [Formerly 545.282]

Source: Section 545.633 — Obtaining constructive consent of unknown or dissenting creditors; petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.391 — OR Code / Title 45 / Chapter 545 / Section 545.391
545.391 Assessments for contracts with United States
Status: in_force

(1) When a contract has been made with the United States, in addition to the amount determined and apportioned as provided in ORS 545.381 (Annual assessments) , 545.385 (Certain lands may be assessed at different amounts) , 545.387 (Assessment on benefit basis) and 545.389 (Deduction for rights or property required by district) , the board shall also fix the amount payable by each tract within the district, in accordance with the federal reclamation laws and the public notices, orders and regulations issued under the federal reclamation laws and in compliance with any contract made by the United States with the owners of the lands and with the contracts between the district and the United States. When the contract lands having a partial water right or partial rights in a system of irrigation, or irrigation and drainage, appurtenant to the lands, the amounts payable shall be according to the benefits to the lands, making due allowances for existing rights. The amounts so determined, fixed and apportioned shall constitute an assessment upon the lands of the district.

(2) In irrigation districts which enter into a contract with the United States providing for the payment of charges to the United States upon the basis authorized by the Act of Congress of December 5, 1924, entitled “An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1925, and for other purposes,” annual levies of assessments for the purpose of making payment to the United States under the contract may be made by the board on the basis provided for in that Act and the contract, either before or after judicial confirmation of apportionment of benefits. In such districts annual levies for the purpose of making construction payments to the United States may be made on the basis of the gross average annual acre-income of the lands of the district or divisions of the district, or classes of lands in the district, as such gross average annual acre-income is determined by the Secretary of the Interior, until the amount apportioned against each tract has been fully paid. [Formerly 545.438]

Source: Section 545.391 — Assessments for contracts with United States , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.240 — OR Code / Title 45 / Chapter 553 / Section 553.240
553.240 County court as governing body
Status: in_force

(1) The county court may be established as the governing body of a water control district as provided by this section if the boundaries of the district are coterminous with the boundaries of the county.

(2) At the election of the first governing body of a water control district, the electors of the district shall choose either the county court or a board of directors to be the governing body of the district. The electors of the district also shall vote for directors, who shall take office if the electors choose to have a board of directors as the governing body.

(3) If a majority of the votes cast at the election favors the county court as the governing body of the district, all duties, functions and powers granted to a board of directors of a water control district are vested in the county court. The county court shall be the governing body of the water control district until the district is dissolved. [1957 c.606 §2; 1971 c.647 §121; 1971 c.727 §174; 1971 c.727 §199; 1983 c.350 §309]

Source: Section 553.240 — County court as governing body , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 541.895 — OR Code / Title 45 / Chapter 541 / Section 541.895
541.895 Legislative findings
Status: in_force

(1) The Legislative Assembly finds that:

(a) The long-term protection of the water resources of this state, including sustainable watershed functions, is an essential component of Oregon’s environmental and economic stability and growth;

(b) Each watershed in Oregon is unique, requiring different management techniques and programs;

(c) Management techniques and programs for the protection and enhancement of watersheds can be most effective and efficient when voluntarily initiated at the local level;

(d) Cooperative partnerships between affected private individuals, interested citizens, tribes and representatives of local, state and federal agencies may improve opportunities to achieve the protection, enhancement and restoration of the state’s watersheds; and

(e) The establishment of such cooperative partnerships should be encouraged by local individuals, local organizations and representatives of state agencies.

(2) The Legislative Assembly declares that the Oregon Plan for integrating regulatory efforts while fostering incentives and voluntary action for environmental stewardship should be founded upon the following principles:

(a) Promoting collaboration and partnerships among local, state, regional, tribal and federal governments and private individuals and organizations;

(b) Establishing clear, technically defensible, practicable and achievable recovery and restoration objectives;

(c) Assessing the conditions in each watershed to determine the quality of the existing environment, to identify the causes for declines in habitat, fish and wildlife populations and water quality, and to assist with the development of locally integrated action plans for watersheds that will achieve agreed-upon protection and restoration objectives;

(d) Coordinating implementation of integrated watershed action plans;

(e) Monitoring and ensuring implementation of the integrated watershed action plans using adaptive management to make appropriate changes in action plans and goals as needed; and

(f) Establishing funding priorities across basins based on the value of programs and projects for watershed and habitat recovery.

(3) It is the policy of the State of Oregon that:

(a) Voluntary programs initiated at the local level to protect and enhance the quality and stability of watersheds are a high priority of the state and should be encouraged;

(b) State agencies are encouraged to respond cooperatively to local watershed protection and enhancement efforts and coordinate their respective activities with other state agencies and affected local, regional, tribal and federal governments and private landowners to the greatest degree practicable; and

(c) State agencies responding to local watershed protection and enhancement efforts are encouraged to foster local watershed planning, protection and enhancement efforts before initiating respective action within a watershed. [Formerly 541.353]

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

Source: Section 541.895 — Legislative findings; principles of Oregon Plan; policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 547.110 — OR Code / Title 45 / Chapter 547 / Section 547.110
547.110 Annual meeting
Status: in_force

In the same month of each year after the election of the first board of supervisors, the board shall call a meeting of the owners of land in the district. The board shall give notice in the manner provided for in ORS 547.105 (Election of supervisors) . The owners shall meet at the time and place fixed by the board and elect one or two supervisors in the manner prescribed in ORS 547.105 (Election of supervisors) , who shall hold office for three years and until a successor is elected and qualified. However, after the report of the commissioners has been confirmed by the court under the provisions of ORS 547.235 (Exceptions to report or assessment) , only the owners, or the designees of the owners, of the land having benefits attributed to the land are entitled to vote at the annual meetings held under the provisions of this section. [Amended by 1969 c.669 §14; 1991 c.459 §425b; 2003 c.223 §2; 2015 c.544 §19]

Source: Section 547.110 — Annual meeting; election of supervisors; owners entitled to vote , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.670 — OR Code / Title 45 / Chapter 540 / Section 540.670
540.670 Effect of cancellation of primary water right on supplemental right
Status: in_force

(1) The cancellation of a primary water right for nonuse under ORS 540.641 (Protest of cancellation) shall not also cancel a supplemental water right unless the supplemental water right also has not been used beneficially for five or more years.

(2) If the Water Resources Commission cancels a primary water right under ORS 540.641 (Protest of cancellation) the commission may issue a new water right certificate changing the supplemental water right to a primary right if the commission finds that the change would not result in injury to existing water rights.

(3) A supplemental right changed to a primary right under subsection (2) of this section shall retain the priority date of the supplemental right. [1987 c.339 §2]

PROHIBITED ACTS; INJUNCTIONS

Source: Section 540.670 — Effect of cancellation of primary water right on supplemental right; change from supplemental to primary right; priority date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.531 — OR Code / Title 45 / Chapter 537 / Section 537.531
537.531 Legislative findings
Status: in_force

The Legislative Assembly declares that aquifer storage and recovery is a beneficial use inherent in all water rights for other beneficial uses. Aquifer storage and recovery is the storage of water from a separate source that meets drinking water standards in a suitable aquifer for later recovery and not having as one of its primary purposes the restoration of an aquifer. [1995 c.487 §2]

Source: Section 537.531 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.320 — OR Code / Title 45 / Chapter 541 / Section 541.320
541.320 Decrees adjudicating rights
Status: in_force

Upon the adjudication of the rights to the use of the water of a stream system, a certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed in the Water Resources Department. The decree shall declare, as to the water right adjudged to each party, whether riparian or by appropriation, the extent, the priority, amount, purpose, place of use, and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant, together with such other conditions as may be necessary to define the right and its priority. [Amended by 1985 c.673 §103]

Source: Section 541.320 — Decrees adjudicating rights; filing; statement as to matters adjudicated , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 555.514 — OR Code / Title 45 / Chapter 555 / Section 555.514
555.514 Qualifications to serve on board
Status: in_force

(1) If a sand control district contains 100 or more electors residing within its boundaries, electors of the district are qualified to serve as board members. Otherwise, an individual who owns taxable real property within the district and is an elector registered in this state is qualified to serve as a member.

(2) Within 10 days after the creation of the district or the election of the first board members, whichever occurs later, the district board shall:

(a) Meet and organize; and

(b) Determine by lot the length of term of each board member.

(3) The term of one of the members determined under subsection (2) of this section expires June 30 next following the first regular district election. The term of two members determined under subsection (2) of this section expires June 30 next following the second regular district election. [2015 c.560 §3]

Source: Section 555.514 — Qualifications to serve on board; initial meeting; initial terms of board members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.055 — OR Code / Title 45 / Chapter 541 / Section 541.055
541.055 District liability for seepage and leakage from water or flood control works
Status: in_force

(1) Any person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 that owns, operates or maintains any irrigation, drainage, water supply, water control or flood control works shall be liable for damage caused by seepage and leakage from such works only to the extent that such damage is directly and proximately caused by the negligence of the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 and not otherwise. Damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 with the irrigation, drainage, water supply, water control or flood control works, which may not be known to the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 for such length of time as would enable the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 by the exercise of reasonable efforts to remedy the same, shall not be recovered against the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554.

(2) An action or suit under subsection (1) of this section must be commenced within two years from the date when the damage is first discovered or in the exercise of reasonable care should have been discovered. However, in no event shall any such action or suit be commenced more than four years from the date the damage actually occurred. [1979 c.882 §1]

Source: Section 541.055 — District liability for seepage and leakage from water or flood control works; limitation on commencement of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.011 — OR Code / Title 45 / Chapter 554 / Section 554.011
554.011 Penalty for signing false document
Status: in_force

(1) A person commits the crime of signing a false document for filing if the person:

(a) Knows the document is false in any material respect; and

(b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) .

(2) Signing a false document for filing is a Class A misdemeanor. [2013 c.158 §12]

Source: Section 554.011 — Penalty for signing false document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 540.539 — OR Code / Title 45 / Chapter 540 / Section 540.539
540.539 Exchange subject to beneficial use requirements
Status: in_force

An exchange of water under ORS 540.533 (Application for exchange of water) to 540.537 (Order allowing exchange) is subject to the requirements of beneficial use under ORS 540.610 (Use as measure of water right) . [1987 c.815 §5]

Source: Section 540.539 — Exchange subject to beneficial use requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.580 — OR Code / Title 45 / Chapter 547 / Section 547.580
547.580 Retirement of bonds before maturity
Status: in_force

(1) After five years from the issuance of bonds, the board may direct the district treasurer to redeem so much of the bonds not yet due as surplus funds permit at the lowest value at which they may be offered for liquidation, or call bonds at a premium of three percent. Notwithstanding anything contained in ORS 547.555 (Bonds) to 547.580 (Retirement of bonds before maturity) , the board may call for payment and retire before maturity any bonds issued in accordance with ORS 547.555 (Bonds) to 547.580 (Retirement of bonds before maturity) .

(2) Notice of intention to call bonds for payment before maturity shall be given by the district board by publication in a newspaper published and regularly circulated in the counties in which the district lands lie, at least once a week for four successive weeks, beginning not less than 90 days prior to an interest-paying period. The notice shall state the number and amount of the bonds to be retired, the price to be paid, and the date and place where the same are to be paid.

(3) Bonds shall be retired in numerical order, and not otherwise. No bonds shall be retired under this section except on a day when interest is payable by the terms of the bonds and on and after the date named in the published notice. Interest on bonds described therein shall cease after the date named in the published notice. [Amended by 1969 c.694 §39; 2001 c.215 §21]

FUNDING AND REFUNDING OF DEBT UNDER 1909 ACT

Source: Section 547.580 — Retirement of bonds before maturity; call provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.587 — OR Code / Title 45 / Chapter 540 / Section 540.587
540.587 Report on implementation of temporary transfer provisions
Status: in_force

The Water Resources Department shall submit a report, in the manner provided in ORS 192.245 (Form of report to legislature) , that shall include a summary of the features of the process employed by the Water Resources Commission to implement ORS 540.585 (Temporary transfers within Deschutes River Basin) . The report shall be submitted no later than January 31 of each year to the Legislative Assembly or to an interim committee related to natural resources, as appropriate. [2003 c.705 §10]

Note: 540.587 (Report on implementation of temporary transfer provisions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 540 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 540.587 — Report on implementation of temporary transfer provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 554.016 — OR Code / Title 45 / Chapter 554 / Section 554.016
554.016 Filing, service, copying and certification fees
Status: in_force

The Secretary of State shall collect the fees described in ORS 56.140 (Fees) for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 (Fees) for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter. [1991 c.132 §18; 1999 c.652 §16]

Source: Section 554.016 — Filing, service, copying and certification fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 543.265 — OR Code / Title 45 / Chapter 543 / Section 543.265
543.265 Testing of fish protection measures as condition for hydroelectric project permit or license
Status: in_force

The Water Resources Department shall impose as a condition to any water right permit to appropriate water for hydroelectric purposes granted under ORS 537.211 (Issuance of permit if application approved) or any license granted under ORS 543.260 (Licenses) that the person operating the hydroelectric project shall, during the operational lifetime of the project, perform or allow the State Department of Fish and Wildlife to perform, any tests or studies required by the department to evaluate the effectiveness of measures for the protection of fish. The scope and cost of these studies will be negotiated between the State Department of Fish and Wildlife and the operator. [1985 c.674 §6; 1987 c.158 §116; 1995 c.416 §40]

Note: 543.265 (Testing of fish protection measures as condition for hydroelectric project permit or license) 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 543.265 — Testing of fish protection measures as condition for hydroelectric project permit or license; scope and cost , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.785 — OR Code / Title 45 / Chapter 537 / Section 537.785
537.785 Fees
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 shall collect in advance, the fees set forth in ORS 539.081 (Fees for registration statement or statement and proof of claim) for any service similar to any of those referred to in ORS 539.081 (Fees for registration statement or statement and proof of claim) .

(2) All fees collected by the commission under subsection (1) of this section shall be paid into the General Fund of the State Treasury. [1955 c.708 §33; 1969 c.629 §1; 1979 c.67 §2; 1985 c.673 §75; 2009 c.819 §11]

Source: Section 537.785 — Fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.513 — OR Code / Title 45 / Chapter 545 / Section 545.513
545.513 Resubmission of questions to electors
Status: in_force

(1) When, after an election called under ORS 545.511 (Authorization of bonds, including refunding bonds) , the board considers it to be for the best interests of the district that the question of the issuance of bonds, or the question of a contract in any amount with the United States or the State of Oregon shall be submitted to the electors, the board shall so declare in its minutes, and may then submit the questions to the electors in the same manner and with the same effect as at the previous election. However, an irrigation district may, without a vote of its electorate, enter into a contract with the United States or the State of Oregon which does not create or increase a construction charge indebtedness and which, in the judgment of the district board, is for the best interest of the district.

(2) A district may, without a vote of the district electorate, enter into a contract with the United States or the State of Oregon for a loan in an amount that does not exceed the greater of $25,000 or one-third of the average annual operations and maintenance budget of the district for the three most recent years.

(3) If an emergency requires immediate repairs to the district delivery system to permit normal operation, the district may borrow moneys necessary for the repairs without a vote by the district electorate. [Formerly 545.194]

Source: Section 545.513 — Resubmission of questions to electors; contracts not requiring vote , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.073 — OR Code / Title 45 / Chapter 547 / Section 547.073
547.073 Powers of board of supervisors
Status: in_force

(1) The board of supervisors may:

(a) Build, construct and complete any works and improvements needed to carry out the plan of reclamation.

(b) In the name of the district, make all necessary water filings and appropriations of water for the subsequent irrigation of the lands within the district.

(c) Construct, operate and maintain irrigation works for the irrigation of the lands within the district.

(d) Hire personnel and purchase machinery, equipment and supplies.

(e) Construct, operate, protect and maintain flood control projects for the protection of the lands within the district.

(2) The board may, after advertising for bids, let a contract for construction of the whole or any part of the flood control project, drainage works or irrigation works to the lowest responsible bidder, which contract shall be in writing. The complete plans and specifications for the flood control, drainage or irrigation of the lands shall be attached to and made a part of each contract. Good and sufficient bond, running in favor of the district, shall be required of each contractor, conditioned that the contractor will well and truly comply with all the provisions of the contract and perform all work in accordance with the terms thereof.

(3) The chief engineer shall be superintendent of all the works and improvements and shall, whenever required, and at least once each year, make a full report to the board of all work done and improvements and make such suggestions and recommendations to the board as the chief engineer deems proper. [2015 c.544 §7]

Note: See note under 547.063 (Definitions) .

Source: Section 547.073 — Powers of board of supervisors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 541.540 — OR Code / Title 45 / Chapter 541 / Section 541.540
541.540 Procedure in emergency when release of water essential
Status: in_force

When conditions beyond the control of the owner or operator of an impoundment or diversion structure, to which 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) relates, threaten the safety of the structure, and the release of water from the structure contrary to the terms, limitations and conditions stated in the order is or may be necessary to remove such threat:

(1) The terms, limitations and conditions of the order shall not apply to such release of water.

(2) The owner, operator or person in immediate charge of the structure shall immediately notify the commission or the Water Resources Department of the situation.

(3) The owner, operator or person in immediate charge of the structure shall immediately notify, to the best of the person’s ability, those persons whose life or property may be threatened by such release of water. [1961 c.379 §6; 1985 c.673 §110]

Source: Section 541.540 — Procedure in emergency when release of water essential , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 552.623 — OR Code / Title 45 / Chapter 552 / Section 552.623
552.623 Ad valorem tax levy, collection, enforcement
Status: in_force

(1) Subject to ORS 552.625 (Maximum rate of tax levy) , a district may assess, levy and collect taxes each year on the assessed value of all taxable property within the limits of the district. The proceeds of the tax shall be applied in carrying out the purposes of this chapter.

(2) The district may annually also assess, levy and collect a tax without limitation upon all such property in an amount sufficient to pay the yearly interest on bonds theretofore issued by the district and then outstanding, together with any portion of the principal of the bonds maturing within the year. The tax shall be applied only in payment of interest and principal of bonds issued by the district, but the district may apply any funds it may have toward payment of principal and interest of bonds.

(3) Any taxes needed shall be levied in each year and returned to the county officer, whose duty it is to extend the tax roll, by the time required by law for city taxes to be levied and returned.

(4) All taxes levied by a district shall become payable at the same time and be collected by the same officer who collects county taxes, and shall be turned over to the district according to law. The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended.

(5) Property shall be subject to sale for nonpayment of taxes levied by a district in like manner and with like effect as in the case of county and state taxes. [1969 c.606 §43; 1981 c.804 §109]

Source: Section 552.623 — Ad valorem tax levy, collection, enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.410 — OR Code / Title 45 / Chapter 537 / Section 537.410
537.410 Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit
Status: in_force

(1) Whenever the owner of a permit to appropriate the public waters of Oregon fails to commence actual construction work within the time required by law, or having commenced construction work as required by law, fails or neglects to prosecute the construction work with reasonable diligence, or fails to complete the construction work within the time required by law, or as fixed in the permit, or within such further time as may be allowed under ORS 537.230 (Time allowed for construction of irrigation or other work) , or having completed construction work, fails or neglects to apply the water to beneficial use within the time fixed in the permit, the Water Resources Commission may cancel the permit on the records in the Water Resources Department as provided in ORS 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.450 (Rules for proof as to work and use of water under permits) .

(2) However, permits issued by the commission to irrigation districts for reclamation purposes under the irrigation district laws of this state, to municipal corporations for municipal uses or purposes or to public utilities complying with subsection (3) of this section for an energy facility granted a site certificate by the Energy Facility Siting Council, are not subject to cancellation under the provisions of ORS 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.450 (Rules for proof as to work and use of water under permits) .

(3) For a public utility to qualify under subsection (2) of this section:

(a) The energy facility of the public utility must not be a facility required to be licensed under ORS chapter 543; and

(b) The public utility must supply information every two years that demonstrates to the satisfaction of the commission that the conditions in the site certificate issued by the Energy Facility Siting Council contemplate the future use of the remaining portion of the water applied for in the original permit application. [Amended by 1985 c.673 §41; 1995 c.372 §1]

Source: Section 537.410 — Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit; irrigation districts, municipalities and public utilities excepted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 547.990 — OR Code / Title 45 / Chapter 547 / Section 547.990
547.990 Penalties
Status: in_force

Violation of ORS 547.425 (Prohibited practices) is a Class C misdemeanor. [Amended by 2011 c.597 §229]

Source: Section 547.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 551.100 — OR Code / Title 45 / Chapter 551 / Section 551.100
551.100 Superintendent
Status: in_force

(1) The superintendent:

(a) Shall receive such pay for services as the court may allow, but shall be paid only for the time actually employed, and in no case shall the rate of pay exceed that allowed by the county surveyor.

(b) Shall oversee the construction and repair of dikes and dams.

(c) Shall see that all contracts are faithfully executed, and the work done in a thorough manner.

(d) After the dikes are completed, may employ the labor necessary to maintain them at the usual rate of wages allowed to laborers on the county road; provided, that in an emergency the county court may allow a higher rate of wages; and provided, further, that the county court may, with the approval of the advisory board, allow work on maintenance to be done by contract.

(2) The superintendent shall also, not less than 15 nor more than 30 days prior to the beginning of each fiscal year, file with the county court an estimate of the money required for the maintenance of the dikes and dams for the succeeding year. Such estimates added to any indebtedness there may be against the district shall be the basis of the tax for next year. The advisory board also shall file with the county court, on or before the 15th day preceding the beginning of each fiscal year, an estimate of the money required for the maintenance of the dikes and dams for the next succeeding year with a statement of the work in its opinion, required to be done, which estimates the court may consider in making its levy.

Source: Section 551.100 — Superintendent; compensation; powers and duties; estimate of maintenance costs as basis for annual tax levy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 548.105 — OR Code / Title 45 / Chapter 548 / Section 548.105
548.105 Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters
Status: in_force

(1) The board of directors of an irrigation district organized under ORS chapter 545, or the board of supervisors of a drainage district organized under the Drainage District Act, as defined in ORS 547.060 (Scope of Drainage District Act) , may by petition commence special proceedings in the circuit court of the county in which the office of the district is located for the purpose of having a judicial examination and judgment of the court as to the regularity and legality of:

(a) The proceedings in connection with the organization of the district.

(b) The proceedings of the board and of the district, providing for and authorizing the issue and sale of bonds of the district, whether bonds have or have not been sold or disposed of.

(c) Any action or proceeding of the county court declaring the organization of the district, or declaring the result of any election therein.

(d) An order of the governing board of the district including or excluding any lands in or from the district, or declaring the result of any election, general or special.

(e) An order of such board levying any assessment, general or special.

(f) An order of such board ordering the issue of any bonds for any purpose, or determining any bond issue, or providing for the same.

(g) The authorization of contract with the United States, and the validity of the contract, whether or not it has been executed, and whether or not bonds are to be deposited with the United States.

(2) All the proceedings of an irrigation district or drainage district may be judicially examined and determined by the court in one special proceeding, or any part thereof may be separately examined and determined upon by the court. [Amended by 1995 c.42 §182; 1999 c.452 §27]

Source: Section 548.105 — Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters; scope of inquiry , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 550.210 — OR Code / Title 45 / Chapter 550 / Section 550.210
550.210 Duties of board of directors
Status: in_force

The board of directors shall:

(1) Manage and conduct the affairs of the district.

(2) Employ and appoint agents and employees and prescribe the duties and fix the compensation of the agents and employees.

(3) Establish reasonable bylaws and rules for the administration of the affairs of the district.

(4) Adopt ordinances under ORS 198.510 (Definitions for ORS 198.510 to 198.600) to 198.600 (Penalty for violation of regulations) that the directors consider necessary or convenient for carrying out or enforcing the district’s powers and duties 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) .

(5) Establish and maintain funds and accounts for the moneys of the district.

(6) Obtain an annual audit of the books of the district.

(7) Fix the location of the principal office of the district at some convenient place within the district.

(8) Keep a record of all proceedings of the board of directors.

(9) File for record all documents required by law to be recorded.

(10) Establish the boundaries of the managed floodplain. The board of directors may amend the boundaries from time to time as the board deems necessary or prudent to address regulatory or environmental changes that affect the need for district management to accomplish the purposes of the district set forth in ORS 550.170 (Urban flood safety and water quality district) .

(11) Consider equity and inclusion in all aspects of administering the district.

(12) Call elections within the district as provided in ORS chapter 255, including, but not limited to, elections for the purposes of ORS 550.190 (Initial district board) and 550.340 (General obligation bonds) .

(13) Do such other acts and things as may be necessary or proper for the exercise of the duties imposed on the board of directors. [2019 c.621 §7; 2022 c.16 §7]

Source: Section 550.210 — Duties of board of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 552.660 — OR Code / Title 45 / Chapter 552 / Section 552.660
552.660 Process for issuance of bonds
Status: in_force

All general obligation bonds, including refunding bonds, issued under ORS 552.645 (General obligation bonds) to 552.660 (Process for issuance of bonds) shall be issued as prescribed in ORS chapter 287A. [1969 c.606 §49; 2007 c.783 §219]

Source: Section 552.660 — Process for issuance of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 555.380 — OR Code / Title 45 / Chapter 555 / Section 555.380
555.380 Tumalo Project Fund
Status: in_force

(1) All moneys received as maintenance fees on the Tumalo Project shall be applied to the cost of maintaining, repairing, operating and distributing water for the project. The money shall be collected and disbursed by the project manager under the direction of the commission, who shall prescribe rules and regulations governing such collections or disbursements.

(2) All moneys derived from the Tumalo Project from whatsoever source, except as maintenance fees, shall be placed in the Tumalo Project Fund in the hands of the State Treasurer, which fund is hereby created. Disbursements from the Tumalo Project Fund shall be made to repay contract holders as provided in ORS 555.310 (Reclamation of lands in Tumalo Project) to 555.410 (Repayment of appropriation from receipts of sale of lands) , and to defray the expenses of construction, extension and operation of the project; except that no repayments to contract holders shall be made which shall reduce the Tumalo Project Fund to less than $5,000, which amount shall be held as an emergency fund to be disbursed for the project in case of an emergency. After all payments to contract holders have been made, all moneys in the fund, except $1,000 for an emergency, shall be placed to the credit of the General Fund of the state and credited as payment to the state on account of the original appropriation for the construction of the Tumalo Project and interest on same. From and after that date all money derived from the sale of land and water rights shall be deposited in the General Fund until all expenses incurred by the state in connection with the project, including five percent interest on all money advanced from the date of sale of the lands, have been repaid, after which time all money received from the sale of lands and water rights shall be deposited in the Oregon Irrigation Fund.

(3) All expenditures for the Tumalo Project from the Tumalo Project Fund shall be paid at the same time and in the same manner as state officers are paid.

(4) All fees payable to the office of the commission in connection with or incident to the completion of applications and the issuance of permits for the appropriation, diversion, storage and use of waters in the Tumalo Project are hereby remitted to the project, and payment thereof shall not be required by the commission.

Source: Section 555.380 — Tumalo Project Fund; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 540.075 — OR Code / Title 45 / Chapter 540 / Section 540.075
540.075 Office and equipment for watermaster
Status: in_force

(1) The county court or board of county commissioners of each county in which the water district of the watermaster is located shall furnish the watermaster a suitable office and office equipment.

(2) If a water district includes all or parts of two or more counties, the office of the watermaster for the water district shall be in the county designated by the Water Resources Director and the county court or board of county commissioners of that county shall provide a suitable office with necessary office equipment for the watermaster. [1985 c.421 §2]

Source: Section 540.075 — Office and equipment for watermaster , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 554.018 — OR Code / Title 45 / Chapter 554 / Section 554.018
554.018 Evidentiary effect of copy of filed document
Status: in_force

(1) A certificate attached to a copy of a document filed by the Secretary of State, bearing the Secretary of State’s signature, which may be in facsimile, is conclusive evidence that the original document, or a facsimile thereof, is on file with the Office of the Secretary of State.

(2) The provisions of ORS 56.110 (Evidentiary effect of certificates and other documents issued by Secretary of State) apply to all documents filed pursuant to 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) . [1987 c.94 §143]

Source: Section 554.018 — Evidentiary effect of copy of filed document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 548.335 — OR Code / Title 45 / Chapter 548 / Section 548.335
548.335 Consent of holders of outstanding indebtedness
Status: in_force

When any irrigation or drainage district has adopted a plan for refunding and compromising any or all of its outstanding indebtedness, and pursuant to ORS 548.305 (Contracts for federal loans) to 548.325 (Charges or assessments) has entered into a contract with any governmental agency for a loan for the purpose of carrying out such plan, and the board of directors or board of supervisors for the purpose of carrying into effect the provisions contained in the contract have authorized the issuance of bonds of the district pursuant to ORS 548.315 (Issuance of bonds) , and such plan of refinancing and compromise has been accepted in writing by the holders of more than 90 percent of such outstanding indebtedness to be refunded and compromised, such irrigation or drainage district may commence and prosecute a proceeding in rem for the purpose of obtaining constructive consent, to the plan, of the unknown holders of the evidences of the indebtedness to be refunded and compromised, and of the known holders of such evidences of indebtedness who have not so given their consent in writing. The proceeding shall be commenced in the circuit court of the county in which the office of the district is located, by filing a petition verified by the oath of the president or secretary of the district.

Source: Section 548.335 — Consent of holders of outstanding indebtedness; initiation of proceedings to obtain constructive consent; petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 545.677 — OR Code / Title 45 / Chapter 545 / Section 545.677
545.677 Election authorizing directors to enter into contract
Status: in_force

The contract provided for in ORS 545.671 (Contract providing plan of liquidation) to 545.679 (Recording of contract) may be entered into by the district by its board of directors when a majority vote of the electors of the district authorizes the contract. [Formerly 545.358]

Source: Section 545.677 — Election authorizing directors to enter into contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 548.400 — OR Code / Title 45 / Chapter 548 / Section 548.400
548.400 Deposit of bonds, warrants and other evidence of indebtedness of irrigation and drainage districts being reorganized
Status: in_force

(1) The county treasurer of the county in which the district is headquartered may accept deposits of bonds, warrants or other evidences of indebtedness of irrigation and drainage districts under the process of reorganization, pursuant to the provisions of ORS 545.629 (Declaration of intent to dispose of bonds) to 545.639 (Nature of proceeding) , or as may otherwise be provided by law.

(2) The county treasurer shall deposit such bonds, warrants or other evidences of indebtedness with the State Treasurer, to be held by the State Treasurer in safekeeping. [Formerly 544.040; 1989 c.182 §39]

Source: Section 548.400 — Deposit of bonds, warrants and other evidence of indebtedness of irrigation and drainage districts being reorganized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 537.990 — OR Code / Title 45 / Chapter 537 / Section 537.990
537.990 Criminal penalties
Status: in_force

(1) Violation of ORS 537.130 (Permit to appropriate water required) (2) is a Class B misdemeanor.

(2) Any person who willfully diverts or uses water to the detriment of others without compliance with law shall be punished as provided in subsection (1) of this section. The possession or use of water, except when a right of use is acquired in accordance with law, shall be prima facie evidence of the guilt of the person using it.

(3) Violation of ORS 537.535 (Unlawful use or appropriation of ground water, including well construction and operation) (1) or 537.747 (Water well constructor’s license) is a Class B misdemeanor.

(4) Violation of ORS 537.387 (Limitations on water use related to Cannabis plants) or 537.898 (Hauling water used for Cannabis plants) (2) is a Class A misdemeanor.

(5) Intentionally left blank —Ed.

(a) Violation of ORS 537.898 (Hauling water used for Cannabis plants) (1) with criminal negligence, as defined in ORS 161.085 (Definitions with respect to culpability) , is a Class A misdemeanor.

(b) Notwithstanding ORS 161.635 (Fines for misdemeanors) , the maximum fine for a violation described in this subsection is $25,000 if the person:

(A) Owns a water hauling business; or

(B) Owns, operates or is responsible for the grow site to which the water was hauled or arranged to be hauled.

(6) Intentionally left blank —Ed.

(a) Notwithstanding subsections (1) to (3) of this section, violation of ORS 537.130 (Permit to appropriate water required) (2) or 537.535 (Unlawful use or appropriation of ground water, including well construction and operation) that concerns the use of water at a grow site for a crop of plants in the plant Cannabis family Cannabaceae is a Class A misdemeanor if:

(A) The grow site is not registered or licensed under ORS 475C.065 (Production license) , 475C.792 (Marijuana grow site registration system) or 571.281 (Grower and handler license) ; and

(B) The crop of plants is in an amount that is not allowed under state law.

(b) Notwithstanding ORS 161.635 (Fines for misdemeanors) , the maximum fine for a violation described in this subsection is $25,000. [Subsection (3) enacted as 1955 c.708 §36; 1963 c.293 §3; 1981 c.416 §8; 2011 c.597 §225; 2022 c.52 §6; 2023 c.209 §12]

Source: Section 537.990 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.535 — OR Code / Title 45 / Chapter 537 / Section 537.535
537.535 Unlawful use or appropriation of ground water, including well construction and operation
Status: in_force

(1) No person or public agency shall use or attempt to use any ground water, construct or attempt to construct any well or other means of developing and securing ground water or operate or permit the operation of any well owned or controlled by such person or public agency except upon compliance with ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) and any applicable order or rule adopted by the Water Resources Commission under ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) .

(2) Except for those uses exempted under ORS 537.545 (Exempt uses) , the use of ground water for any purpose, without a permit issued under ORS 537.625 (Final order) or registration under ORS 537.605 (Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595) , is an unlawful appropriation of ground water. [1955 c.708 §4; 1957 c.341 §5; subsection (2) enacted as 1961 c.668 §2; 1985 c.673 §47]

Source: Section 537.535 — Unlawful use or appropriation of ground water, including well construction and operation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543a.085 — OR Code / Title 45 / Chapter 543a / Section 543a.085
543A.085 Public scoping meeting
Status: in_force

(1) Not less than 30 days but not more than 60 days after submitting the preliminary application information as required under ORS 543A.080 (Submission of preliminary application information) , the applicant, in conjunction with the Hydroelectric Application Review Team, shall convene a public scoping meeting. To the extent practicable, the applicant shall conduct the public scoping meeting at the first stage of the Federal Energy Regulatory Commission review of the federal license for the project.

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

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

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

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

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

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

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

(4) Following the public scoping meeting, the team shall allow 60 days for public comment on the preliminary application information, the proposed schedule, proposed studies and other resources and other health and safety issues to be considered in the reauthorization process.

(5) Within 90 days after the public scoping meeting, the applicant shall develop and submit study proposals to the team. Upon receipt of the proposals, the team and the applicant shall publish notice of the availability of the proposals and allow 30 days for the public to provide comments on the proposals.

(6) Based on its review of the comments and recommendations on the study proposals from the Hydroelectric Application Review Team, other state agencies and local governments, federally recognized Indian tribes and members of the public, the applicant shall prepare final study proposals and methodology and submit the final study proposals and methodology to the team. Upon receipt of the final study proposals and methodology, the team shall make the applicant’s study proposals and methodology available to the public.

(7) The study proposals shall allow at least two years for completing the studies. [1997 c.449 §17; 2001 c.369 §1]

Source: Section 543A.085 — Public scoping meeting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 543a.145 — OR Code / Title 45 / Chapter 543a / Section 543a.145
543A.145 Water right certificate
Status: in_force

Any water right for the use of water for hydroelectric purposes shall:

(1) Except as provided in ORS 543A.065 (Changes to expiration date of water right for existing project) (2), be for a period of not more than 50 years;

(2) If for a federally licensed project, be for the period established in the new Federal Energy Regulatory Commission license;

(3) For the quantity of water authorized for use under the expiring water right for the project, retain the same priority date as the expiring water right for the project. For enlargement of the water right beyond the amount of water authorized in the expiring water right, the priority date for the additional amount shall be the date of filing a reauthorization application under ORS 543A.035 (Reauthorization application and public comment) , or a notice of intent under ORS 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) , whichever is applicable;

(4) If for a federally licensed project, include a provision allowing the Water Resources Department to amend conditions or limitations on the water right after the Federal Energy Regulatory Commission issues the federal license for the project; and

(5) Include conditions allowing the department to reopen the certificate on a clear showing of a significant threat to the public health or safety or the environment that was not identified and addressed during the most recent project authorization proceeding, and that requires modification of the certificate. [1997 c.449 §29]

Source: Section 543A.145 — Water right certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 547.560 — OR Code / Title 45 / Chapter 547 / Section 547.560
547.560 Sale of bonds
Status: in_force

The board of supervisors may sell, from time to time, the bonds which have been authorized, in such quantities as may be necessary and most advantageous. Before making any sale, the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of bonds and the day, hour and place of such sale, and shall cause notice thereof to be given by publication for at least 30 days in three newspapers published in Oregon, one of which shall be a newspaper published in the county in which the office of the board is situated, if there is a newspaper published in that county, and in any other newspaper at its discretion. The notice shall state that sealed proposals will be received by the board of supervisors at its office for the purchase of bonds until the day and hour named in the resolution. At the time appointed, the board shall open the proposals and may reject any and all bids. After offering the bonds for sale, if no satisfactory bid is received the board may use them for any purpose for which the proceeds from the sale of bonds may be used, but the board shall in no event sell or dispose of any of said bonds for less than 90 percent of the face value thereof. Nothing in this section shall inhibit the district from providing for the drainage of lands within the district, in units or portions, from time to time.

Source: Section 547.560 — Sale of bonds; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 558.080 — OR Code / Title 45 / Chapter 558 / Section 558.080
558.080 Contents of hearing notice
Status: in_force

The notice of hearing shall set forth all of the following:

(1) The name and post-office address of the applicant.

(2) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.

(3) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such operation.

(4) The method and type of equipment and the type and composition of the materials that the applicant proposes to use.

(5) The area in which and the approximate time during which the operation will be conducted.

(6) The area which will be affected by the operation as near as the same may be determined in advance.

(7) The time and place of the public hearing. [1953 c.654 §7; 1975 c.420 §5]

Source: Section 558.080 — Contents of hearing notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 554.110 — OR Code / Title 45 / Chapter 554 / Section 554.110
554.110 Powers of directors
Status: in_force

The board of directors shall have full power and authority to:

(1) Build, construct and complete any works and improvements needed to carry out the plan of improvement of the lands described in the articles of incorporation.

(2) In the name of the corporation, make all necessary water filings and appropriations of water for every purpose of the articles of incorporation.

(3) Operate and maintain such works as are necessary, convenient or beneficial for said purposes.

(4) Hire employees as may be required, and purchase machinery, equipment and supplies.

(5) Generally contract with reference to any of said matters as the board may determine for the purposes and within the scope of the powers granted in ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) for improving the land. [Amended by 1995 c.79 §307]

Source: Section 554.110 — Powers of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 554.320 — OR Code / Title 45 / Chapter 554 / Section 554.320
554.320 Exemption from taxation
Status: in_force

The property and income of a corporation organized under the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) , but not for profit, or a corporation organized under ORS 554.380 (Articles of incorporation for corporation formed from dissolved district) , shall be exempt from taxation. The property and income of corporations which were incorporated under chapter 172, Oregon Laws 1911, and which amend their articles to state that the corporation shall not operate for profit shall also be exempt from taxation. [Amended by 1993 c.502 §5; 2013 c.284 §9]

Source: Section 554.320 — Exemption from taxation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 549.640 — OR Code / Title 45 / Chapter 549 / Section 549.640
549.640 Disposition of moneys received by commission
Status: in_force

Except as provided in ORS 536.500 (Acceptance and expenditure of moneys from public and private sources) , all moneys received by the Water Resources Commission under the provisions of ORS 549.605 (Definitions for ORS 549.605 to 549.645) to 549.645 (Waiver of state’s immunity to suit or action) , including any allotment of moneys from the federal government to reimburse the state for expenditures made in connection with a flood control project, shall be turned over to the State Treasurer to be placed in the State Treasury to the credit of the General Fund. [1957 c.466 §8]

Source: Section 549.640 — Disposition of moneys received by commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 541.730 — OR Code / Title 45 / Chapter 541 / Section 541.730
541.730 Loan contract
Status: in_force

If the Water Resources Commission approves the financing for the construction of a water development project, the commission, on behalf of the state, and the applicant may enter into a loan contract, secured by a first, parity or second lien in the manner provided in ORS 541.740 (Liens and other loan security) , that shall set forth, among other matters:

(1) That the commission, on behalf of the state, must approve the arrangements made by the applicant for the construction, operation and maintenance of the water development project, using moneys in the Water Development Fund for the construction.

(2) A plan for repayment by the applicant to the Water Development Administration and Bond Sinking Fund of moneys borrowed from the Water Development Fund used for the construction, operation and maintenance of the water development project and interest on such moneys used at such rate of interest as the commission determines is necessary to provide adequate funds to recover administrative expenses incurred under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) . The repayment plan, among other matters:

(a) Shall provide for commencement of repayment by the water developer of moneys used for construction and interest thereon not later than two years after the date of the loan contract or at such other time as the commission may provide;

(b) May provide for reasonable extension of the time for making any repayment in emergency or hardship circumstances, if approved by the commission;

(c) Shall provide for such evidence of debt assurance of and security for repayment by the applicant as are considered necessary or proper by the commission; and

(d) Shall set forth a schedule of payments and the period of loan, which may not exceed the usable life of the constructed project, or 30 years from the date of the first payment due under the financial plan, whichever is less, and shall also set forth the manner of determining when loan payments are delinquent. The payment schedule shall include repayment of interest, which accrues during any period of delay in repayment authorized by paragraph (a) of this subsection, and the payment schedule may require payments of varying amounts for collection of such accrued interest.

(3) Provisions satisfactory to the commission for field engineering and inspection, the commission to be the final judge of completion of the contract.

(4) That the liability of the state under the contract is contingent upon the availability of moneys in the Water Development Fund for use in the construction, operation and maintenance of the water development project.

(5) Such further provisions as the commission considers necessary to ensure expenditure of the funds for the purposes set forth in the approved application.

(6) That the commission may institute an appropriate action or suit to prevent use of the facilities of a water development project financed by the Water Development Fund by any person who is delinquent in the repayment of any moneys due the Water Development Administration and Bond Sinking Fund.

(7) That a loan for a water development project is assignable or transferable to a third party only with the prior approval of the commission. The commission may approve a loan assignment or transfer only if the commission finds that the assignee or transferee qualifies as a water developer as defined in ORS 541.700 (Definitions for ORS 541.700 to 541.855) (7) and the assignment or transfer does not have serious adverse effect upon the family farm unit structure in this state. [1977 c.246 §6; 1981 c.166 §3; 1985 c.673 §116; 1999 c.212 §3; 2009 c.907 §7; 2013 c.784 §35]

Source: Section 541.730 — Loan contract; repayment plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.443 — OR Code / Title 45 / Chapter 540 / Section 540.443
540.443 Definitions for ORS 540.443 to 540.491
Status: in_force

As used in ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) :

(1) “Construct” means:

(a) To build a new dam;

(b) To modify dam height; or

(c) To make modifications to a dam that:

(A) Do not include modifying dam height, performing maintenance actions or removing a dam;

(B) Have a potential impact on the safe functioning of the dam; and

(C) Are to an extent that the modified dam structures no longer conform to the original design.

(2) “Dam” means:

(a) A hydraulic structure built above the natural ground gradeline that is used to impound water or wastewater; and

(b) Appurtenant structures on or adjacent to hydraulic structures described in paragraph (a) of this subsection that affect the stability of, or the control of water through or away from, the hydraulic structure.

(3) “Dam failure” means a rapid, sudden and uncontrolled release of water or wastewater due to loss of dam integrity.

(4) “Emergency action plan” means a plan that assists a dam owner or operator, and local emergency management personnel, to perform actions to ensure human safety in the event of a potential or actual dam failure.

(5) “High hazard rating” means that the department expects loss of human life to occur if a dam fails.

(6) “Maintenance action” means measures that are necessary to address a condition that, if left unaddressed, may cause a dam to become unsafe or potentially unsafe.

(7) “Potentially unsafe” means that, based on an inspection or analysis:

(a) It is probable that a dam cannot withstand an extreme flood or earthquake; or

(b) The dam has a high risk of internal erosion.

(8) “Significant hazard rating” means the department does not expect loss of life to occur if a dam fails, but does expect extensive damage to property or public infrastructure.

(9) “Unsafe” means that, based on an inspection or analysis:

(a) It is probable that a dam cannot be depended upon to retain or pass water or wastewater as designed or operated; and

(b) Inability of the dam to retain or pass water or wastewater as designed or operated could result in dam failure. [2019 c.390 §2]

Source: Section 540.443 — Definitions for ORS 540.443 to 540.491 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.320 — OR Code / Title 45 / Chapter 547 / Section 547.320
547.320 Powers of districts regarding irrigation works
Status: in_force

Whenever it appears necessary, proper or beneficial to irrigate any of the lands within any drainage district, whether or not the drainage works have been actually acquired or constructed, the district may cause irrigation reservoirs, canals, ditches, and other works to be constructed, operated and maintained. To this end the district shall in all respects have the same power and authority as is conferred respecting drainage, and all powers conferred upon drainage districts by ORS 547.305 (Entry on land) , 547.310 (Board authority regarding reclamation works) , 547.355 (Contracts with United States for reclamation by drainage or irrigation authorized) and 547.360 (Payment of amounts due) with respect to drainage shall be construed to include irrigation. However, any bonds issued solely for irrigation purposes shall be known as “Irrigation bonds of _____ drainage district.”

Source: Section 547.320 — Powers of districts regarding irrigation works; bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 543.013 — OR Code / Title 45 / Chapter 543 / Section 543.013
543.013 Applicability of chapter and ORS chapter 543A to ocean renewable energy facility
Status: in_force

The provisions of this chapter and ORS chapter 543A do not apply to an ocean renewable energy facility as defined in ORS 274.870 (Definitions for ORS 274.870 to 274.879) if:

(1) The facility is located within Oregon’s territorial sea, as defined in ORS 196.405 (Definitions for ORS 196.405 to 196.515) ; or

(2) The facility is in an estuary, unless any part of the facility is not subject to a proprietary authorization issued by the Department of State Lands under ORS 274.873 (Proprietary authorizations for ocean renewable energy facilities) . [2015 c.386 §17]

Note: 543.013 (Applicability of chapter and ORS chapter 543A to ocean renewable energy facility) was added to and made a part of ORS chapter 543 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 543.013 — Applicability of chapter and ORS chapter 543A to ocean renewable energy facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.643 — OR Code / Title 45 / Chapter 545 / Section 545.643
545.643 Contract providing plan of liquidation
Status: in_force

An irrigation district desiring to become a party to any contract providing a plan for the liquidation in any manner of all or part of its outstanding bonded or other indebtedness, whether then due or not due, may adopt the procedure provided by ORS 545.643 (Contract providing plan of liquidation) to 545.667 (State Treasurer as depository) . The procedure provided by ORS 545.643 (Contract providing plan of liquidation) to 545.667 (State Treasurer as depository) is in lieu of other procedures provided by law. Before becoming a party to a contract under ORS 545.643 (Contract providing plan of liquidation) to 545.667 (State Treasurer as depository) , the board of directors shall adopt a resolution substantially describing all the terms and conditions of the proposed contract and requesting the Water Resources Commission to make an investigation of all matters relating to the district, with particular reference to the ability of the district or the landowners in the district to perform the obligations of the proposed contract. Upon receipt of a copy of the resolution, the Water Resources Commission shall conduct the investigation, which shall include all physical, economic and financial matters relating to the district and the irrigable acreage of each legal subdivision or other described tract of land if held in separate ownership. If, after the investigation, the Water Resources Commission determines that the contract may prudently be executed by the district, the Water Resources Commission shall advise the district of its determination by adopting a resolution of the commission to that effect. [Formerly 545.312]

Source: Section 545.643 — Contract providing plan of liquidation; resolution; investigation by and approval of Water Resources Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.424 — OR Code / Title 45 / Chapter 545 / Section 545.424
545.424 Validation of assessments
Status: in_force

When the assessments were made substantially in accordance with ORS 545.381 (Annual assessments) , 545.385 (Certain lands may be assessed at different amounts) , 545.387 (Assessment on benefit basis) , 545.389 (Deduction for rights or property required by district) , 545.391 (Assessments for contracts with United States) and 545.413 (Record of assessments and apportionments) , all assessments made before May 24, 1933, against real property within any irrigation district by the board of directors of the district are hereby validated. The assessments shall be a lien upon the real property described in the assessment, notwithstanding that the assessments were not entered on the county assessment roll against the property described as provided by ORS 545.420 (Certification of assessments to county assessors) . Any assessment levied against lands partly within and partly outside the boundaries of any irrigation district shall not be void because the lands are partly outside the district, but shall constitute a valid assessment against that portion of the lands described in the assessment lying within the boundaries of the irrigation district. [Formerly 545.456]

Source: Section 545.424 — Validation of assessments; defective entry on assessment roll; lands partly outside district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 542.750 — OR Code / Title 45 / Chapter 542 / Section 542.750
542.750 Cooperative studies of projects under federal Watershed Protection and Flood Prevention Act
Status: in_force

(1) The Water Resources Commission may make surveys and investigations and prepare plans, specifications, estimates and other data, as in the commission’s judgment can accomplish the purposes of the Watershed Protection and Flood Prevention Act. As soon as practicable after completion the commission shall prepare, or have prepared, a report setting forth the results of the surveys and investigations. All work performed by the commission under this section shall be correlated with that performed by the United States Natural Resources Conservation Service, or its successor agency, under the Watershed Protection and Flood Prevention Act.

(2) The commission, on behalf of the State of Oregon, may enter into contracts or agreements with any agencies of the United States Department of Agriculture for the execution of surveys and investigations and the preparation of plans, specifications and estimates or other data to determine costs and feasibility of reservoir or other works of improvement that may be constructed under the provisions of the Watershed Protection and Flood Prevention Act, as amended.

(3) The intent of this section is to expedite the investigation and planning of works of improvement that may be constructed under the Watershed Protection and Flood Prevention Act to reduce the delay in time occurring between initiation of a project and beginning of construction. [1961 c.617 §§1,2; 1965 c.95 §1; 1985 c.673 §138; 1997 c.249 §181; 2003 c.14 §347]

Source: Section 542.750 — Cooperative studies of projects under federal Watershed Protection and Flood Prevention Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 545.487 — OR Code / Title 45 / Chapter 545 / Section 545.487
545.487 Pressurization charge
Status: in_force

(1) An irrigation district that charges for water delivery in the district under the provisions of ORS 545.482 (Authorization of method for billing and collecting incurred charges) may charge a pressurization charge, in addition to the regular charge. The pressurization charge may be charged against the lands that have appurtenant water rights and to which irrigation water is furnished or is available for delivery by pipe and under pressure. However, a pressurization charge may not be charged unless delivery of water by pipe and under pressure to these lands requires operation, construction and maintenance costs greater than the operation, construction and maintenance costs involved in delivering water to the nonpiped and nonpressurized lands in the district.

(2) The board may apportion a pressurization charge allowed under subsection (1) of this section to the water users of the lands served by pipe and pressurized water so that each acre of irrigable land in the district that has piped and pressurized water to it shall be required to pay the same per acre pressurization service charge. [1989 c.182 §2; 1991 c.459 §423e; 1995 c.42 §114]

Source: Section 545.487 — Pressurization charge; application to certain lands; apportionment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.305 — OR Code / Title 45 / Chapter 545 / Section 545.305
545.305 Election concerning acquisition of water works
Status: in_force

(1) When the board of directors of an irrigation district has determined by resolution that it is for the best interests of its inhabitants that it exercise any of the powers mentioned in ORS 545.257 (Authority of irrigation district to acquire domestic or municipal water works) , including the refunding of outstanding bonds, the board shall, by resolution, specify the particular powers it proposes to exercise and order an election to be conducted. Upon the order being entered, an election shall be held by the qualified electors of the district to determine:

(a) Whether or not bonds in any amount designated by the board in such order shall be issued for any purpose necessary or convenient in carrying out this section and ORS 545.257 (Authority of irrigation district to acquire domestic or municipal water works) , 545.301 (Financing acquisition of water works) and 545.303 (Water works system to be self-sustaining) ; and

(b) Whether or not the board shall proceed to exercise the powers, or any of them, specified in the resolution.

(2) Notice of the election shall be given in the manner provided in ORS 545.511 (Authorization of bonds, including refunding bonds) , and that section shall apply to all subsequent proceedings under this section and ORS 545.257 (Authority of irrigation district to acquire domestic or municipal water works) , 545.301 (Financing acquisition of water works) and 545.303 (Water works system to be self-sustaining) . [Formerly 545.116]

Source: Section 545.305 — Election concerning acquisition of water works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).