ORS § 554.250 — OR Code / Title 45 / Chapter 554 / Section 554.250
554.250 Refunding bonds
Status: in_force

The board of directors may issue bonds for the purpose of refunding or satisfying any of the bonded or other indebtedness of the corporation, whether or not due, or which has or may become payable at the option of the corporation, or by consent of the holders of the indebtedness, or by any lawful means, whether such bonded or other indebtedness is now existing or may hereafter be created, and there are not funds in the treasury of the corporation available for the payment of the same and unpaid interest thereon.

Source: Section 554.250 — Refunding bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 543a.010 — OR Code / Title 45 / Chapter 543a / Section 543a.010
543A.010 Findings
Status: in_force

The Legislative Assembly finds that many hydroelectric projects within the state hold water rights for hydroelectric purposes for a limited time period, and that those water rights will expire. State law does not currently prescribe a means for reauthorizing the use of water for hydroelectric purposes. Therefore, the Sixty-eighth Legislative Assembly created a hydroelectric task force to recommend a process and standards for a coordinated state review of existing facilities. The hydroelectric task force was composed of representatives of interested state agencies, investor-owned utilities, publicly owned utilities, municipalities, environmental organizations, agricultural organizations and nonutility owners of hydroelectric projects. In its report to the Sixty-ninth Legislative Assembly, the hydroelectric task force included legislative recommendations that served as the foundation for the provisions of this chapter and ORS 468.065 (Issuance of permits) , 468B.040 (Certification of hydroelectric power project) , 468B.045 (Certification of change to hydroelectric power project) , 468B.046 (Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes) , 536.015 (Water Resources Department Hydroelectric Fund) , 536.050 (Fees) , 543.012 (Applicability of chapter to reauthorization of existing hydroelectric project) and 543.710 (Annual fee based on horsepower) . [1997 c.449 §2]

Source: Section 543A.010 — Findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 548.050 — OR Code / Title 45 / Chapter 548 / Section 548.050
548.050 Insurance for district employees
Status: in_force

(1) The board of directors of an irrigation district or the board of supervisors of a drainage district may enter into contracts of insurance covering district officers and employees for medical, or any other type of remedial care recognized under state law, surgical, hospital and related services and supplies, life insurance, annuities and other retirement benefits and monthly indemnity for loss of time due to accident or sickness. Contributions for premiums therefor by officers or employees shall only be on a voluntary basis. Failure to procure such insurance shall not be construed as negligence or lack of diligence on the part of the board or the members thereof.

(2) The district may agree to pay none, part or all of the premiums on contracts of insurance entered into pursuant to this section.

(3) This section is part of the Irrigation District Law, insofar as it applies to irrigation districts, and part of the Drainage District Act, as defined in ORS 547.060 (Scope of Drainage District Act) , insofar as it applies to drainage districts.

(4) As used in this section the words “related services” shall include the services of a person duly licensed to practice chiropractic in the State of Oregon. [1959 c.435 §1; 1967 c.281 §1; 1995 c.42 §181]

Source: Section 548.050 — Insurance for district employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 553.220 — OR Code / Title 45 / Chapter 553 / Section 553.220
553.220 Organization meeting
Status: in_force

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. The directors shall elect from their number a president and vice president and shall appoint a secretary-treasurer. Such officers shall have such authority and duties as may be given to them by the board. The board shall hold such meetings as may be necessary or convenient. [Amended by 1971 c.403 §12]

Source: Section 553.220 — Organization meeting; officers; duties; meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 547.680 — OR Code / Title 45 / Chapter 547 / Section 547.680
547.680 Emergency fund
Status: in_force

(1) In addition to the annual payments for retirement of the bonds, the board of supervisors shall, during the first five years after the issuance of the refunding bonds, levy an annual assessment of 20 cents per acre upon each acre within the district. Thereafter, whenever there is any default in payment of any assessment levied by the district or in any of the annual payments referred to in ORS 547.675 (Lien on land assessed for bond payment) , the board shall levy an assessment of not to exceed 20 cents per acre, which shall be the same upon each acre within the district and shall be levied and collected at the time and in the manner provided by ORS 547.455 (Annual charge or assessment) to 547.485 (Governing body of county to make assessment and levy upon failure of supervisors to do so) .

(2) All moneys received from such assessments shall be placed by the treasurer of the district in a special fund designated “Emergency Fund.” The emergency fund shall be used only to the extent of not to exceed 10 cents per acre per annum, for supplementing the bond fund in case of deficiency due to accident, delinquency or other contingencies. The emergency fund shall be disbursed by the treasurer upon order of the board of supervisors. [Amended by 1997 c.170 §53]

Source: Section 547.680 — Emergency fund; assessments for; use of , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.574 — OR Code / Title 45 / Chapter 540 / Section 540.574
540.574 Petition for approval of transfer
Status: in_force

(1) In accordance with the requirements of subsection (3) of this section, a district may petition the Water Resources Commission for approval and acceptance of a district map indicating the transfer of the location and use of the water rights within the district or any part of the district. The map shall be in a form satisfactory to the commission and shall be certified by the district rather than a certified water right examiner. In no event shall the petition and map expand a water right of the district or its users beyond the total right of record for the district. If the district complies with the requirements of ORS 540.572 (Application of certificated water elsewhere within district) to 540.580 (Permanent transfer of place of use of water within district) , and after the opportunity for hearing under ORS 540.578 (Filing of protest) , the commission shall issue an order approving the transfer and proceed as provided in ORS 540.530 (Order authorizing change of use, place of use or point of diversion) (1) and (2).

(2) If the commission denies the petition under subsection (1) of this section, the commission shall hold a hearing on the denial. Notice and conduct of the hearing shall be according to the provisions of ORS chapter 183 applicable to a contested case proceeding. The hearing shall be conducted in the area of the state where the right is located unless the parties and the persons who file the protest under this section stipulate otherwise.

(3) The petition required under subsection (1) of this section shall include:

(a) The name of the district and the certificate number of each water right contained in the petition.

(b) The names of all users within the district from whose lands water rights are to be transferred.

(c) The names of all users within the district to whose lands water rights are to be transferred.

(d) A general description of the district boundaries.

(e) A general description of the users’ land and the water right for each parcel from which and to which water rights are to be transferred. If the water right is on a tract of land of five acres or less, a notation of the acres of water right on the assessor’s tax map shall be sufficient for identification of the place of use and the extent of use.

(f) A description of the use that is proposed to be made of the water on each parcel.

(g) An affirmation by the petitioner that the map and petition are accurate to the best of the petitioner’s knowledge.

(h) A statement by the petitioner that notice has been given as required under ORS 540.572 (Application of certificated water elsewhere within district) (2), and that the water right has not previously been forfeited under ORS 540.610 (Use as measure of water right) due to an earlier or longer period of nonuse. [1991 c.957 §4]

Source: Section 540.574 — Petition for approval of transfer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.211 — OR Code / Title 45 / Chapter 537 / Section 537.211
537.211 Issuance of permit if application approved
Status: in_force

(1) The approval of an application referred to in ORS 537.140 (Application for permit) or 537.400 (Reservoir permits) shall be set forth in a water right permit issued by the Water Resources Department. The permit shall specify the details of the authorized use and shall set forth any terms, limitations and conditions as the department considers appropriate including but not limited to any applicable condition required under ORS 537.289 (Conditions to be imposed on permit of municipal corporation or district) . A copy of the permit shall be filed as a public record in the department. The permit shall be mailed to the applicant, and upon receipt of the permit the permittee may proceed with the construction of the necessary works and may take all action required to apply the water to the designated beneficial use and to perfect the proposed appropriation.

(2) Except as provided in subsection (6) of this section, if an application under ORS 537.140 (Application for permit) or 537.400 (Reservoir permits) indicates that the applicant does not have written authorization or an easement permitting access to nonowned land crossed by the proposed ditch, canal or other work, the department may issue a final order approving the application if the approval includes a condition requiring the applicant to obtain such written authorization, or easement or ownership of such land and to provide the department with a copy of the written authorization, easement or evidence of ownership.

(3) If an application referred to in ORS 537.140 (Application for permit) or 537.400 (Reservoir permits) is rejected, the department shall enter a written order setting forth the reasons for the rejection. The applicant shall take no action toward construction of the works or use of the water. The department shall mail a copy of the order to the applicant.

(4) The holder of a water right permit may change the point of diversion, change the point of appropriation, change the point of diversion to allow the appropriation of ground water or use the water on land to which the right is not appurtenant if:

(a) The use of water on land to which the right is not appurtenant, the change of point of diversion or the change in point of appropriation does not result in injury to an existing water right;

(b) For a proposed change in the place of use of the water, the land on which the water is to be used is owned or controlled by the holder of the permit and is contiguous to the land to which the permit is appurtenant;

(c) All other terms of the permit remain the same, including but not limited to the beneficial use for which the water is used and the number of acres to which water is applied;

(d) Prior approval is obtained from the district if the water is transported or conveyed by an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a water improvement district organized under ORS chapter 552, a water control district organized under ORS chapter 553 or a district improvement company or a corporation organized under ORS chapter 554;

(e) The holder of the permit provides written notice to the department at least 60 days before making any changes to the lands, point of diversion or point of appropriation described in the permit;

(f) The holder of the permit complies with the publication requirements of ORS 540.520 (Application for change of use, place of use or point of diversion) (5), if applicable;

(g) Diversion is provided with a proper fish screen, if requested by the State Department of Fish and Wildlife; and

(h) For a request to transfer the point of diversion to allow the appropriation of ground water, the proposed change meets the standards set forth in ORS 540.531 (Transfer of surface water point of diversion to ground water) (2) or (3).

(5) Notwithstanding the requirements of subsection (4)(b) of this section, the holder of a water right permit may change the place of use of all or any portion of water under the permit to land that is not contiguous to the land to which the permit is appurtenant if:

(a) The change to noncontiguous land is in furtherance of mitigation or conservation efforts undertaken for the purposes of benefiting a species listed as sensitive, threatened or endangered under ORS 496.171 (Definitions for ORS 496.171 to 496.182) to 496.192 (Effect of law on commercial forestland or other private land) or the federal Endangered Species Act of 1973 (16 U.S.C. 1531 to 1544), as determined by the listing agency; and

(b) All other requirements of subsection (4) of this section are met.

(6) For an application made by or on behalf of a public corporation, the department may issue a permit approving the application without requiring the applicant to obtain prior written authorization or an easement permitting access to nonowned lands affected by the proposed project. However, nothing in this subsection shall be construed to allow any person to trespass on the lands of another person.

(7) When the department receives notice under subsection (4)(e) of this section, the department shall publish the notice in the department’s weekly public notice of water right applications.

(8) If the use of water under the permit is for operation of a mining operation as defined in ORS 517.952 (Definitions for ORS 517.952 to 517.989) :

(a) Review of the application and approval or denial of the application shall be coordinated with the consolidated application process under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) . However, such review and approval or denial shall take into consideration all policy considerations for the appropriation of water as set forth in this chapter and ORS chapter 536.

(b) The permit may be issued for exploration under ORS 517.702 (Legislative findings) to 517.740 (Rules) , but the permit shall be conditioned on the applicant’s compliance with the consolidated application process.

(c) The permit shall include a condition that additional conditions may be added to the use of water when a water right certificate is issued, or when the use of water is changed pursuant to ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) to use for a mine.

(9) As used in this section, “contiguous” includes land separated from the land to which a water right is appurtenant by roads, utility corridors, irrigation ditches or publicly owned rights of way. [1981 c.61 §2 (enacted in lieu of 537.210); 1985 c.392 §10; 1985 c.673 §33; 1991 c.735 §33; 1995 c.365 §4; 1995 c.368 §1; 1995 c.416 §16a; 1997 c.42 §1; 1997 c.446 §3; 1999 c.611 §1; 1999 c.664 §6; 2003 c.705 §2; 2013 c.371 §32]

Source: Section 537.211 — Issuance of permit if application approved; contents of permit; effect; rejection of application; change in permit terms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.143 — OR Code / Title 45 / Chapter 537 / Section 537.143
537.143 Limited license to use or store surface or ground water or to use stored water
Status: in_force

(1) Notwithstanding the provisions of ORS 537.130 (Permit to appropriate water required) , the Water Resources Commission may establish by rule a procedure to allow a person to obtain a limited license to use or store ground water not otherwise exempt under ORS 537.545 (Exempt uses) , to use or store surface water, to use stored water or to use stored water for purposes for which the stored water is authorized and in accordance with a contract with a local, state or federal government after the person complies with the notice provisions set forth in ORS 537.144 (Request for right to use water under limited license) . Uses eligible for a limited license shall be for a short-term or fixed duration and may include but are not limited to road construction and maintenance, general construction and forestland or rangeland management. Except as provided in subsections (4) to (6) and (9) of this section, the use of water for a purpose specifically prohibited by a basin program or for irrigation is not eligible for a limited license.

(2) The use of water under a limited license under subsection (1) of this section shall not have priority over any water right exercised according to a permit or certificate and shall be subordinate to all other authorized uses that rely upon the same source. The Water Resources Department may revoke the right to use of water acquired under a limited license pursuant to subsection (1) of this section at any time if the use causes injury to:

(a) Any other water right; or

(b) A minimum perennial streamflow.

(3) Except as provided in subsections (4), (5) and (11) of this section, the licensee shall give notice to the Water Resources Department at least 15 days in advance of using the water under the limited license and shall maintain a record of use. The record shall include but need not be limited to an estimate of the amount of water used, the period of use and the categories of beneficial use to which the water is applied. During the period of the limited license, the record of use shall be available for review by the department upon request.

(4) The Water Resources Director may issue a limited license in conjunction with an enforcement order to address an illegal water use, including irrigation use or a use specifically prohibited by a basin program. The director may issue a limited license for such a use upon a finding that:

(a) The person did not knowingly violate state laws regarding a water use permit;

(b) The immediate termination of the illegal use would cause serious and undue hardship to the water user that could be ameliorated by providing a period of time in which to achieve compliance with the law; and

(c) The continued use under a limited license outweighs the public benefits of termination, including deterrence of illegal uses and protection of the water source.

(5) An enforcement order issued under subsection (4) of this section shall specify an amount of time in which the person using water illegally shall bring such use into compliance. The duration of the limited license shall not exceed the duration of time allowed in the enforcement order to achieve compliance. A licensee using water under a limited license issued in conjunction with an enforcement order need not provide the department with advance notice of water use, but shall comply with the other requirements of this section.

(6) The director may issue a limited license for irrigation if the sole purpose of the use is:

(a) To provide water necessary to establish a crop for which no further irrigation will be required after the crop is established;

(b) To mitigate the impacts of drought when additional water is needed beyond a prescribed irrigation season in order to avoid irreparable damage to the user’s crop; or

(c) Under a limited license issued pursuant to subsection (9) of this section.

(7) Nothing in this section is intended to prohibit any person from obtaining a water right certificate under ORS 537.250 (Water right certificate) or 537.630 (Time allowed for construction work under permit) for any use for which a limited license is obtained under this section.

(8) Except as provided in subsection (10) of this section, the department may not issue a limited license for the same use for more than five consecutive years.

(9) Notwithstanding any other provision of this section, if the use of water under the limited license is for the use of stored water consistent with the purposes for which the stored water is authorized and the use of water is authorized by a contract between the user and a local, state or federal government:

(a) The limited license may be issued for a period of up to one year; and

(b) The limited license shall be revoked if the contract between the user and the local, state or federal government is terminated for any reason.

(10) At the end of the one-year limited license period in subsection (9) of this section, the user may reapply for a limited license under ORS 537.144 (Request for right to use water under limited license) provided that there is an authorized contract between the user and a local, state or federal government.

(11) The director may issue a limited license authorizing immediate use of water if the director finds that an emergency exists and the water is needed to protect the public health, safety and welfare. Notwithstanding subsection (8) of this section, the director may issue a limited license for such a use for a period of 60 days. [1989 c.933 §2; 1993 c.595 §1; 1995 c.274 §8; 1997 c.38 §1; 1997 c.366 §1]

Source: Section 537.143 — Limited license to use or store surface or ground water or to use stored water; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 552.345 — OR Code / Title 45 / Chapter 552 / Section 552.345
552.345 User regulations
Status: in_force

A district shall have power:

(1) To make and enforce regulations governing the conduct of the users of the recreational facilities of the district.

(2) To prohibit any person violating any regulation from thereafter using the facilities of the district for such period as the board may determine.

(3) To establish and collect reasonable charges for the use of the facilities of the district and issue appropriate evidence of the payment of such charges. [1969 c.606 §29(1)]

Source: Section 552.345 — User regulations; fees for use of facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 554.170 — OR Code / Title 45 / Chapter 554 / Section 554.170
554.170 Covenants by landowners
Status: in_force

Owners of all the land described in the articles of incorporation or amendments thereto may at any time after the adoption of the plans and specifications for improving the land as provided in ORS 554.210 (Plans and specifications) , mutually covenant and agree for the purpose of binding their respective lands, as provided in ORS 554.180 (Landowners’ notice) . Such covenants and agreements shall attach to and run with the land for the purpose of limiting, restricting and governing the conduct of the corporation. Such covenants, limitations, restrictions and agreements must not be inconsistent with the articles of incorporation, and after the recording of the same as provided in ORS 554.190 (Recording notice) they may not be altered, amended, modified or rescinded during the life of such corporation without the consent of landowners representing two-thirds of the lands in the district and persons having an interest in such lands and the corporation and its creditors if any there are. After the recording, the bylaws of the corporation and every act and proceeding of such corporation must be in accordance with and subject to the limitations, restrictions and provisions thereof. [Amended by 1965 c.427 §1]

Source: Section 554.170 — Covenants by landowners; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 553.310 — OR Code / Title 45 / Chapter 553 / Section 553.310
553.310 Creation of subdistrict
Status: in_force

(1) Whenever the owners of more than 50 percent of the acreage, exclusive of state and federally owned land, in a body of land located within a district desire to have the district undertake the construction or purchase of works and facilities for purposes as set forth in ORS 553.020 (Creation of water control districts) which will benefit their lands, they shall 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 purchased; 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 to as a complete and sufficient legal description by a qualified engineer or land surveyor and such 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, and if it meets with the approval of the board, the board shall adopt an order creating the subdistrict in which shall be described 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.

(2) Notwithstanding subsection (1) of this section, a subdistrict created under provisions of this chapter can be formed in the formation proceedings if:

(a) The petition for formation states the purposes for which the petitioners request formation of both the district and subdistrict;

(b) The boundaries of both the district and subdistrict are coterminous;

(c) The description of the boundaries of the proposed subdistrict are certified as to complete and sufficient legal description by a qualified engineer or surveyor; and

(d) Owners of more than 50 percent of the acreage of the land in the proposed district and subdistrict sign the petition to form the water control district and subdistrict.

(3) After the creation of a subdistrict as provided by this chapter, the boundaries thereof may be changed by the inclusion of lands outside of the subdistrict upon the petition of the owners of 50 percent of the lands desiring to be included in the subdistrict. The lands to be added to the subdistrict must be 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 names and addresses of each person signing the petition and a prayer asking that the lands described by the petition be annexed to the subdistrict. The petition shall be filed with the board of directors. A certificate containing a description of the boundaries of the subdistrict after the proposed addition, certified to as a complete and sufficient legal description of the subdistrict after the proposed annexation by a certified engineer or land surveyor, 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 give notice by publication of the hearing or a notice by mail 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, and the new boundaries of the subdistrict shall be described by the order. [Amended by 1961 c.186 §6; 1969 c.691 §5; 1971 c.727 §172; 2001 c.258 §1]

Source: Section 553.310 — Creation of subdistrict; change in subdistrict boundaries; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 541.333 — OR Code / Title 45 / Chapter 541 / Section 541.333
541.333 Application for change of place of use, point of diversion or use
Status: in_force

(1) Whenever the owner of a water right for irrigation, domestic use, stock water storage or other use, for any reason desires to change the place of use, the point of diversion or the use made of the water under ORS 541.327 (Failure or refusal of district to act) , an application shall be filed with the Water Resources Department.

(2) The application required under subsection (1) of this section shall include:

(a) The name of the owner;

(b) The previous use of the water;

(c) A description of the premises upon which the water is used;

(d) A description of the premises upon which it is proposed to use the water;

(e) The use which is proposed to be made of the water;

(f) The reasons for making the proposed change;

(g) If the application is made under ORS 541.327 (Failure or refusal of district to act) (1), evidence that the water has been used within the past five years upon lands owned or controlled by the owner of the water right;

(h) In the event the application is made pursuant to ORS 541.327 (Failure or refusal of district to act) (2), evidence that the water has been used within the past five years in the quarter quarter of a section; and

(i) The approval of the district in which the water right is located.

(3) The description of the premises or mapping required under ORS 541.329 (Petition for approval of district map) (2) shall not require a map prepared by a certified water right examiner, but shall be in a form satisfactory to the Water Resources Commission. If the water right is on a tract of land of five acres or less, the assessor’s tax map with a notation of the acres of water right shall be sufficient for identification of the tract and place of use.

(4) A certificate issued under this section has the evidentiary effect provided for in ORS 537.270 (Conclusiveness of certificate) except when the right to appropriate water described in the certificate is abandoned after the certificate is amended or issued. [1989 c.1000 §5; 1995 c.554 §8]

Note: See note under 541.325 (Definitions for ORS 541.327 to 541.333) .

Source: Section 541.333 — Application for change of place of use, point of diversion or use; contents; form of map , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 543a.020 — OR Code / Title 45 / Chapter 543a / Section 543a.020
543A.020 Policy
Status: in_force

The Legislative Assembly declares that it is the policy of the State of Oregon:

(1) To reauthorize the use of water by existing projects provided that such projects meet the standards established in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) , are consistent with other applicable state laws and will not impair or be detrimental to the public interest.

(2) To recognize that existing projects have resulted in both benefits and costs to society, and that the opportunity exists on reauthorization to promote the public benefits while minimizing the public costs.

(3) To maintain or enhance the natural resources of the state and to protect the natural resources of the state from adverse impacts caused by the continued existence of a project.

(4) To protect the health and safety of the residents of the state.

(5) To require the Water Resources Department and other affected state agencies to conduct a coordinated review of projects seeking reauthorization in order to develop a unified state position in any local, state or federal proceedings related to the reauthorization of hydroelectric projects. [1997 c.449 §4]

Source: Section 543A.020 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 553.625 — OR Code / Title 45 / Chapter 553 / Section 553.625
553.625 Levy and collection of tax authorized by ORS 553.620
Status: in_force

The ad valorem tax provided for in ORS 553.620 (Ad valorem tax in lieu of assessment) shall be levied and collected in the manner otherwise provided by law for the levy and collection of real property taxes. The board shall prepare a budget in the form, manner and time prescribed in ORS 294.305 (Sections constituting Local Budget Law) to 294.565 (Failure to file copy of required budget, reports or other documents) (the Local Budget Law), for the district and for each subdistrict for which taxes are to be levied and assessed, and in accordance therewith shall fix the amount of money to be raised by taxation for the district and for each subdistrict. Thereafter the levy shall be equalized and the tax collected and turned over to the district as otherwise provided by law for public corporations. [1965 c.623 §17]

Source: Section 553.625 — Levy and collection of tax authorized by ORS 553.620 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 554.260 — OR Code / Title 45 / Chapter 554 / Section 554.260
554.260 Contracts with governmental agencies or others for financial assistance or cooperative action
Status: in_force

Whenever the board of directors of the corporation shall by resolution determine it to be for the best interest of the corporation, the board may enter into contract with the United States or its duly constituted agencies, or any municipal or other corporation of Oregon, or any person, for the purpose of procuring or receiving a loan or financial assistance for any works or improvement of the corporation, or for the maintenance and operation of any works or improvement of the corporation or of such other party, or for the purpose of acquiring jointly or controlling and managing in conjunction with such other party any works or improvement or any easement or right of way necessary for such improvement or work; and may bind the corporation for the maintenance, support and operation of the whole or any part thereof after construction of the same; and may agree that any works or improvement of the United States or any constituted governmental agency embracing any part of the works or improvement of the corporation or serving any purpose thereof shall be subject to the control, rules and regulations of the United States or any of its constituted agencies or officers as any law or regulation of the United States may require; and may agree to protect the United States and its constituted governmental agencies or officers from any loss or damage by reason of any works or improvement for or in behalf of the corporation as any law may require as a condition thereof; and may contract with the United States to furnish without cost such easements and rights of way and other property as shall be necessary for the proposed improvement and works of the corporation and their maintenance and operation, as required or provided by law as a condition thereof.

Source: Section 554.260 — Contracts with governmental agencies or others for financial assistance or cooperative action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 555.171 — OR Code / Title 45 / Chapter 555 / Section 555.171
555.171 Transfers from Oregon Irrigation Fund to General Fund
Status: in_force

Notwithstanding the provisions of ORS 555.170 (Oregon Irrigation Fund) , all moneys in the Oregon Irrigation Fund created by ORS 555.170 (Oregon Irrigation Fund) on February 18, 1955, and all moneys paid into such fund after February 18, 1955, are to be transferred to the General Fund to be available for general governmental expenses. [1955 c.23 §1]

Source: Section 555.171 — Transfers from Oregon Irrigation Fund to General Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 554.160 — OR Code / Title 45 / Chapter 554 / Section 554.160
554.160 Assessments to provide funds to meet obligations
Status: in_force

(1) When any bonds or obligations of the corporation are payable from revenue of assessments pledged for the payment thereof, the board of directors shall, at the time of creating such indebtedness or issuing such bonds or obligations or at any time thereafter when assessments therefor are made, designate such fund by appropriate name and shall at the time of making each assessment thereafter determine the amount and portion of the assessment in dollars which is required to be then made for revenue of such fund. In determining and levying every assessment provided in ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) the board of directors shall provide separately for the amount to be so raised for each of the several funds so designated and named including the general operation and maintenance fund.

(2) The revenues apportioned to the funds pledged to the payment of bonds and obligations shall be separately held and kept and accounted for. The corporation shall disburse the funds only for the purposes for which levied until the indebtedness and obligation for which the assessment was made is fully paid with interest, whereupon the remainder shall be transferred to the general fund of the corporation for the payment of expenses of the corporation and its operation and maintenance. At the time of making assessments the board of directors shall first determine the estimated amount necessary for the expenses of operation and maintenance and then the several amounts for the respective funds, and determine that the whole amount thereof is within the limitations, restrictions and provisions of the landowners’ notice provided for in ORS 554.170 (Covenants by landowners) to 554.190 (Recording notice) . [Amended by 1969 c.694 §47; 2001 c.215 §30]

Source: Section 554.160 — Assessments to provide funds to meet obligations; custody, disbursement and disposal of funds; general operating expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 547.140 — OR Code / Title 45 / Chapter 547 / Section 547.140
547.140 Uniform charge to pay expenses of organizing district, surveys, assessing benefits and damages
Status: in_force

(1) The board of supervisors of any district organized under the provisions of the Drainage District Act shall, as soon as elected and qualified, impose a uniform charge of not more than $1 per acre upon the owner of each acre of land within the district, to be used for the purpose of paying expenses incurred or to be incurred in organizing the district, making surveys of the same, and assessing benefits and damages, and to pay other expenses necessary to be incurred before the board shall be empowered by other provisions of the Drainage District Act, to provide funds to pay the total cost of works and improvements of the district. In case the boundary lines of the district are extended so as to include lands not described and contained in the petition, the same uniform charge shall be imposed upon the owners of the included lands as soon as the lands are annexed and included in the district.

(2) The charge shall be due and payable as soon as imposed and billed, and if not paid within 60 days after the billing date, the charge shall become delinquent.

(3) In case the sums received from the charges exceed the total cost of items for which the charges are imposed, the surplus shall be placed in the general fund of the district and used to pay cost of construction. Upon dissolution of the district, any amount of surplus remaining shall be prorated and refunded to the landowners who paid the charges. [Amended by 1991 c.459 §425c]

Source: Section 547.140 — Uniform charge to pay expenses of organizing district, surveys, assessing benefits and damages; collection; surplus funds; refunding in case of dissolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.605 — OR Code / Title 45 / Chapter 537 / Section 537.605
537.605 Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595
Status: in_force

(1) Any person or public agency claiming any right to appropriate ground water under ORS 537.585 (Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered) or 537.595 (Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered) , except for any purpose exempt under ORS 537.545 (Exempt uses) , is entitled to receive from the Water Resources Commission within three years after August 3, 1955, a certificate of registration as evidence of a right to appropriate ground water as provided in ORS 537.585 (Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered) or 537.595 (Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered) . Failure of such person or public agency to file a registration statement within such period creates a presumption that any such claim has been abandoned.

(2) Upon receipt of a request for registration by any person or public agency referred to in subsection (1) of this section within the period specified, the commission shall provide such person or public agency with a separate registration statement for each well, which shall be completed and returned to the commission.

(3) Each registration statement shall be in a form prescribed by the commission, shall be under oath and shall contain:

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

(b) The nature of the use by the registrant of the ground water upon which the claim of the registrant is based.

(c) The dates when the ground water was or will be first applied to beneficial use and the dates when construction of the well was begun and completed.

(d) The amount of ground water claimed.

(e) If the ground water is used or is to be used for irrigation purposes, a description of the lands irrigated or to be irrigated, giving the number of acres irrigated or to be irrigated in each 40-acre legal subdivision, the dates of reclamation of each such legal subdivision and the date when the ground water was or will be completely applied.

(f) The depth to the water table.

(g) The location of the well with reference to government survey corners or monuments or corners of recorded plats.

(h) The depth, diameter and type of the well, and the kind and amount of the casing.

(i) The capacity of the well and well pump in gallons per minute, and the horsepower of the well pump motor.

(j) If the ground water is artesian or other ground water not requiring pumping, the rate of flow in gallons in such manner as the commission may prescribe.

(k) The amount of ground water pumped or otherwise taken from the well each year.

(L) A copy of the log of the completed well, if such log is available.

(m) If the ground water supply is supplemental to an existing water supply, identification of any application for a permit, permit, certification or adjudicated right to appropriate water made or held by the registrant.

(n) Such other information as the commission considers necessary.

(4) Each registration statement shall be accompanied by maps, drawings and other data as the commission considers necessary.

(5) The commission may require that any registration statement be supplemented after any well is fully completed by a statement containing such additional information as the commission considers necessary.

(6) Any person or public agency who failed to file a registration statement within the period set forth in subsection (1) of this section may file within one year after May 29, 1961, a petition with the commission requesting that the person be given an opportunity to rebut the presumption that the person has abandoned the claim. Upon the filing of such a petition the commission may schedule a hearing to take testimony and evidence on the date of well construction and the use of ground water or the commission may accept sworn statements in writing in support of such petition. No petition shall be denied without a public hearing. If it appears after hearing or from such sworn statements, that the person or public agency has a use of ground water that would be subject to determination under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication) as defined in ORS 537.585 (Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered) and 537.595 (Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered) , the commission shall issue an order authorizing the petitioner to file a registration statement as described under subsection (3) of this section. Upon receipt of the completed registration statement the commission shall issue to the registrant a certificate of registration, as provided in ORS 537.610 (Recording registration statement) . [1955 c.708 §7; 1957 c.341 §6; 1961 c.668 §3; 1985 c.673 §50]

Source: Section 537.605 — Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595; registration statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 542.075 — OR Code / Title 45 / Chapter 542 / Section 542.075
542.075 Identification and funding of water projects offering significant public benefit
Status: in_force

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

(2) In order to be eligible for funding under subsection (1) of this section, the Water Resources Commission must identify an existing project within five years after the project first becomes operable. [1981 c.172 §3; 1985 c.673 §135; 1989 c.587 §4]

Source: Section 542.075 — Identification and funding of water projects offering significant public benefit; limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 537.626 — OR Code / Title 45 / Chapter 537 / Section 537.626
537.626 Exceptions to final order
Status: in_force

(1) Within 20 days after the Water Resources Director issues a final order under ORS 537.625 (Final order) after the conclusion of a contested case hearing, any party may file with the Water Resources Commission exceptions to the order.

(2) The commission shall issue a modified order, if allowed, or deny the exceptions within 60 days after close of the exception period under subsection (1) of this section. [1995 c.416 §29]

Source: Section 537.626 — Exceptions to final order; modified order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 538.110 — OR Code / Title 45 / Chapter 538 / Section 538.110
538.110 Tumalo Creek, Deschutes County
Status: in_force

For the purpose of maintaining and perpetuating the recreational and scenic resources of Oregon, the waters of that portion of Tumalo Creek, in Deschutes County, situated above a point one-half mile above the intake of the Columbia Southern Canal in section 2, township 18 south, range 10 east, Willamette Meridian, in Deschutes County, shall not be diverted for any purposes whatsoever, except for municipal, domestic and stock uses. Nothing in this section shall be construed to impair any vested rights existing as of June 4, 1929, in the creek or its tributaries. This section shall not apply to the waters of the south fork of Tumalo Creek. [Amended by 1959 c.223 §1]

Source: Section 538.110 — Tumalo Creek, Deschutes County; diversion prohibited; excepted uses; existing rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 545.508 — OR Code / Title 45 / Chapter 545 / Section 545.508
545.508 Moneys collected
Status: in_force

(1) Any irrigation district collecting incurred charges as provided in ORS 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) shall deposit all moneys collected in an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , selected by the board of directors. The amounts collected for operation and maintenance, construction, bond principal, interest or other purposes shall be kept in separate funds and accounted for separately.

(2) Moneys in the funds shall be paid out only upon order of the board by:

(a) Checks or drafts signed by at least two individuals authorized by the board to sign checks or drafts; or

(b) Electronic funds transfers authorized by the board and initiated by at least two individuals authorized by the board.

(3) As used in this section, “electronic funds transfer” has the meaning given that term in ORS 293.525 (Payments to and by state agencies by electronic funds transfers) . [Amended by 1967 c.451 §24; 1991 c.459 §423n; 1995 c.42 §123; 2001 c.476 §10; 2005 c.492 §1]

BONDS; CONTRACTS WITH STATE OR FEDERAL GOVERNMENT

Source: Section 545.508 — Moneys collected; deposit; separation of funds; disbursements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 552.108 — OR Code / Title 45 / Chapter 552 / Section 552.108
552.108 Creation of water improvement district
Status: in_force

(1) A water improvement district may be created as provided by this chapter for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining drainage, irrigation, and flood and surface water control works in order to prevent damage and destruction of life and property by floods, to improve the agricultural and other uses of lands and waters, to improve the public health, welfare and safety, to provide domestic or municipal and industrial water supply, to provide water-related recreation and for the purpose of enhancing water pollution control, water quality, and fish and wildlife resources.

(2) Nothing in this chapter grants to a district the power to generate, distribute, transmit or sell electricity or to sell water or falling water to any person to generate electricity. [1969 c.606 §3; 1987 c.185 §2]

Source: Section 552.108 — Creation of water improvement district; purposes; limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 551.020 — OR Code / Title 45 / Chapter 551 / Section 551.020
551.020 Petition for formation of diking district
Status: in_force

One-half or more of the owners of lands which may be conveniently embraced in one diking district and which are subject to overflow by tidewaters or freshets, and who represent one-half or more of the area of the lands embraced within the proposed diking district, may present a petition to the county court of the county in which the lands are situated, reciting therein that it is desired to form a diking district for the purpose of improving by diking or damming the lands contained therein, which are subject to overflow by tidewater or by freshets, as the case may be, and further giving by legal subdivisions, or by metes and bounds, the description of such lands as are desired to be included in the district, and stating that the petitioners are the owners of one-half or more of the acreage to be embraced in the district. If, upon consideration of the petition, the county court finds the statements therein are substantially correct, the court shall require the petitioners to give a bond sufficient to cover the preliminary expenses of the proceedings.

Source: Section 551.020 — Petition for formation of diking district; bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 543a.050 — OR Code / Title 45 / Chapter 543a / Section 543a.050
543A.050 Application report
Status: in_force

In accordance with the schedule established pursuant to ORS 543A.045 (Public scoping meeting) , and after conducting the studies and collecting the additional information identified at the public scoping meeting under ORS 543A.045 (Public scoping meeting) , the applicant shall prepare an application report and file the report with the Hydroelectric Application Review Team. The application report shall include study results, proposed mitigation measures, applicable state statutes and rules and any necessary changes to the operation of the hydroelectric project required to comply with such statutes and rules. [1997 c.449 §10]

Source: Section 543A.050 — Application report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 550.310 — OR Code / Title 45 / Chapter 550 / Section 550.310
550.310 Assessments against benefited lands for district works
Status: in_force

(1) All or part of the cost of building, constructing, purchasing, operating, maintaining or improving works of the urban flood safety and water quality district may be assessed against the lands to be benefited by the works. The board of directors shall determine the portion of the cost, if any, that is to be paid from the general fund of the district and the portion that is to be paid by assessments against the lands benefited.

(2) Assessments shall be apportioned by the board of directors among benefited lands in accordance with the special and peculiar benefit to be received from the district works by each lot or parcel of land. For parcels of land, or any portion of the parcels, in the district that are undeveloped, the board of directors may, in its discretion, defer assessing or imposing all or any portion of the assessments on such parcels until the parcels are connected with, or receiving services from, the district works.

(3) The board of directors shall afford an opportunity for hearing any objections or remonstrances to assessments under this section. If the board of directors receives objections or remonstrances that are signed by more than 50 percent of the landowners representing more than 50 percent of the territory within the proposed assessment district, the proposed assessment may not be imposed.

(4) If any portion of the cost of district works is assessed against benefited lands under this section, the board of directors may issue works bonds in the total amount of the valid applications the board of directors has received to pay assessments in installments as provided by ORS 223.205 (Scope and application) and 223.210 (Right of property owners to apply for installment payment of assessment) to 223.295 (Limit on city indebtedness) . [2019 c.621 §17; 2022 c.16 §14]

Source: Section 550.310 — Assessments against benefited lands for district works; apportionment; hearing; works bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 540.523 — OR Code / Title 45 / Chapter 540 / Section 540.523
540.523 Temporary transfer of water right or permit
Status: in_force

(1) In accordance with the provisions of this section, any person who holds a water use subject to transfer may request that the Water Resources Department approve the temporary transfer of place of use and, if necessary to convey water to the new temporary place of use, temporarily change the point of diversion or point of appropriation for a period not to exceed five years. An application for a temporary transfer shall:

(a) Be submitted in writing to the Water Resources Department;

(b) Be accompanied by the appropriate fee for a change in the place of use as set forth in ORS 536.050 (Fees) ;

(c) Include the information required under ORS 540.520 (Application for change of use, place of use or point of diversion) (2); and

(d) Include any other information the Water Resources Commission by rule may require.

(2) Notwithstanding the notice and waiting requirements under ORS 540.520 (Application for change of use, place of use or point of diversion) , the department shall approve by order a request for a temporary transfer under this section if the department determines that the temporary transfer will not injure any existing water right.

(3) All uses of water for which a temporary transfer is allowed under this section shall revert automatically to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer period.

(4) The time during which water is used under an approved temporary transfer order does not apply toward a finding of forfeiture under ORS 540.610 (Use as measure of water right) .

(5) The department may revoke a prior approval of the temporary transfer at any time if the department finds that the transfer is causing injury to any existing water right.

(6) Any map that may be required under subsection (1) of this section need not be prepared by a certified water right examiner.

(7) The lands from which the water right is removed during the period of a temporary transfer shall receive no water under the transferred water right.

(8) When an application for a temporary change of the place of use for a primary water right is submitted in accordance with this section, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. If the applicant also intends to temporarily transfer the supplemental water right or permit, the applicant also shall include the information required under ORS 540.520 (Application for change of use, place of use or point of diversion) (2) for the supplemental water right or permit. If the applicant does not include the supplemental water right or permit in the temporary transfer application, the Water Resources Department shall notify the applicant that the supplemental water right or permit will be canceled before the department issues the order approving the temporary transfer of the primary water right, unless within 30 days the applicant modifies the application to include the supplemental water right or permit or withdraws the application. The department may approve the temporary transfer of the supplemental water right or permit in accordance with the provisions of this section. The department may not approve the temporary transfer of a supplemental water right or permit if the temporary transfer would result in enlargement of the original water right or injury to an existing water right. If the department approves the temporary transfer of the primary water right but does not approve the temporary transfer of the supplemental water right or permit, the department shall notify the applicant of the department’s intent not to allow the temporary transfer of the supplemental water right or permit before the department issues the order for the temporary transfer of the primary water right. If the department does not allow the temporary transfer of the supplemental right, the supplemental right shall remain appurtenant to the land described in the application, but may not be exercised until the primary right reverts to the original water use. If the primary water right does not revert soon enough to allow use of water under the supplemental right within five years, the supplemental right shall become subject to cancellation for nonuse under ORS 540.610 (Use as measure of water right) .

(9) In issuing an order under subsection (2) of this section, the department shall include any condition necessary to protect other water rights. [1995 c.274 §6; 1997 c.42 §4; 1997 c.587 §12; 2001 c.788 §§3,9]

Source: Section 540.523 — Temporary transfer of water right or permit; terms; revocation; status of supplemental water right or permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 541.898 — OR Code / Title 45 / Chapter 541 / Section 541.898
541.898 Oregon Plan described
Status: in_force

(1) As used in this section when referring to salmonid recovery:

(a) “Listed unit” means one population or a group of populations of a species, such as an evolutionarily significant unit, that has been listed as threatened or endangered under the federal Endangered Species Act of 1973 (P.L. 93-205), as amended, or under ORS 496.171 (Definitions for ORS 496.171 to 496.182) to 496.192 (Effect of law on commercial forestland or other private land) .

(b) “Native fish” means a fish indigenous to Oregon and not introduced. Naturally produced fish and hatchery produced fish are both native fish if the fish are indigenous to Oregon and not introduced.

(c) “Naturally produced” means a fish that reproduces and completes its full life cycle in its natural habitat. Naturally produced progeny of hatchery fish are naturally produced.

(d) “Population” means a group of fish that:

(A) Originates and reproduces in a particular area at a particular time;

(B) Does not interbreed to any substantial degree with any other group reproducing in a different area or in the same area at a different time; and

(C) Is composed of naturally produced fish, hatchery produced fish or a combination of both.

(e) “Recovery” means that a proportion of the constituent populations of naturally produced native fish belonging to a listed unit are sufficiently abundant, productive and diverse in life histories and distribution such that the listed unit as a whole is likely to be self-sustaining into the foreseeable future.

(f) “Self-sustaining” means having a sufficient proportion and distribution of constituent populations:

(A) Likely to survive prolonged periods of habitat, oceanic, climatic and environmental conditions that are detrimental to a population; and

(B) Having habitat of sufficient quality and quantity likely to provide survival rates adequate to maintain associated ecological, cultural and economic benefits.

(2) The Legislative Assembly finds that the efforts of many Oregonians have resulted in the creation of the Oregon Plan, and recognizes that the Oregon Plan is guided by the following mission and goals:

(a) The mission of the Oregon Plan is to restore the watersheds of Oregon and to recover the fish and wildlife populations of those watersheds to productive and sustainable levels in a manner that provides substantial ecological, cultural and economic benefits.

(b) The goals of the Oregon Plan that guide the citizens of Oregon in achieving the mission of the Oregon Plan are the:

(A) Establishment and maintenance of an infrastructure that provides long-term continuity in leadership, direction and oversight of watershed restoration and species recovery.

(B) Continued opportunity for a wide range of natural resource uses that are consistent with watershed restoration and species recovery.

(C) Implementation of existing laws and environmental regulations to achieve the mission before enacting new laws and environmental regulations.

(D) Development and maintenance of funding for programs to protect and restore watersheds.

(E) Development of expectations for the sustainability of interrelated natural resources that accurately reflect a scientific understanding of the physical and biological constraints of the ecosystem.

(F) Enhancement of habitat available to support healthy populations of fish and wildlife throughout the state.

(G) Production of populations of threatened or endangered species to achieve levels of natural production consistent with overall restoration goals.

(H) Establishment of a science-based system that supports evaluation of the Oregon Plan and provides a basis for making appropriate future changes to management programs.

(I) Coordination of activities and programs among federal, state and local governments and other entities.

(J) Use of voluntary and collaborative processes to achieve the mission of the Oregon Plan whenever possible.

(3) The Oregon Plan is a comprehensive program for the protection and recovery of species and for the restoration of watersheds throughout this state. The Oregon Plan combines the regulatory and other actions of state and federal agencies and local governments with voluntary watershed restoration by private landowners and others. The Oregon Plan includes, but is not limited to:

(a) Programs and policies found in the following statutes:

(A) ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability) ;

(B) ORS chapters 197 and 197A;

(C) ORS chapter 274;

(D) ORS chapter 366;

(E) ORS chapter 390;

(F) ORS chapters 465, 466, 468 and 468B;

(G) ORS 469.300 (Definitions) to 469.563 (Court orders for enforcement) , 469.590 (Definitions for ORS 469.590 to 469.595) to 469.619 (State Department of Energy to make federal regulations available) , 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management) and 469.992 (Civil penalties) ;

(H) ORS chapter 477;

(I) ORS chapters 496, 497, 498, 501, 506, 507, 508, 509 and 511;

(J) ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) ;

(K) ORS 527.310 (Definitions for ORS 527.310 to 527.370) to 527.370 (Disposition of receipts) , 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) , 527.990 (Criminal penalties) (1) and 527.992 (Civil penalties) ;

(L) ORS chapter 530;

(M) ORS chapters 536 to 543A;

(N) ORS 543A.005 (Definitions) to 543A.410 (Fee schedule) ; and

(O) ORS 568.210 (Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933) to 568.808 (Taxing district to file legal description and map) and 568.900 (Definitions for ORS 568.900 to 568.933) to 568.933 (Civil penalties) ;

(b) Commitments of state agencies in the form of measures;

(c) Actions of local governments and federal agencies taken in coordination with the state and consistent with the purposes of the Oregon Plan;

(d) Voluntary activities undertaken by watershed councils, soil and water conservation districts, landowners and other entities and consistent with the purposes of the Oregon Plan;

(e) Scientific review by independent scientific review panels, and others, of the activities performed under the Oregon Plan;

(f) Programs and activities identified to address a coordinated approach for the recovery of native salmonid populations within Oregon; and

(g) Programs for the restoration and enhancement of multiple species and of the habitat of those species.

(4) The Oregon Plan is subject to modification and alteration to enhance program efforts consistent with appropriate guidance principles developed by the Legislative Assembly.

(5) The purpose of the Oregon Plan is to enhance, restore and protect Oregon’s native salmonid populations, watersheds, fish and wildlife habitat and water quality, while sustaining a healthy economy.

(6) The Oregon Plan shall:

(a) Provide for coordination of local, state, federal and tribal agency responsibilities and authorities for native salmonid, watershed and habitat restoration throughout Oregon.

(b) Rely on watershed councils and soil and water conservation districts, which are directed to cooperate in the development of local watershed plans that assess watershed conditions and create watershed action plans and strategies for the implementation of the local watershed action plans.

(c) Focus state policies and resources on achieving native salmonid recovery and watershed restoration while sustaining a healthy economy and environment.

(7) The Oregon Plan shall focus on aiding the recovery of species listed as threatened or endangered under the federal Endangered Species Act or under ORS 496.171 (Definitions for ORS 496.171 to 496.182) to 496.192 (Effect of law on commercial forestland or other private land) until such time as recovery is achieved. Once recovery has been achieved for any species listed as threatened or endangered under ORS 496.171 (Definitions for ORS 496.171 to 496.182) to 496.192 (Effect of law on commercial forestland or other private land) , the Governor shall direct the State Fish and Wildlife Commission to begin rulemaking, as provided in ORS 496.176 (Listing species) , to remove the species from the list created pursuant to ORS 496.172 (Commission management authority for threatened or endangered species) . Upon recovery, adequate measures pursuant to the Oregon Plan shall remain in place, as necessary, to help a species avoid a return to threatened or endangered status.

(8) Intentionally left blank —Ed.

(a) The Governor, or the Governor’s designee, shall negotiate with federal officials to obtain assurances to the effect that compliance with the Oregon Plan and the programs and policies found in the statutes listed in subsection (3) of this section and implementation of related state programs and policies will satisfy federal requirements imposed by the federal Endangered Species Act. Specifically, the Governor, or the Governor’s designee, shall seek an exemption to the requirements of 16 U.S.C. 1533(d), shall seek to enter into a cooperative agreement pursuant to 16 U.S.C. 1535(c) or shall seek to obtain a permit that allows the incidental taking of species under 16 U.S.C. 1539(a).

(b) State agencies responsible for implementing the programs and policies found in the statutes listed in subsection (3) of this section shall work with the Governor, or the Governor’s designee, and with federal officials to provide the information necessary to obtain the exemptions, agreement or permit specified in paragraph (a) of this subsection. [Formerly 541.405; 2015 c.771 §8; 2017 c.14 §2]

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

Source: Section 541.898 — Oregon Plan described; goals; elements; Governor to negotiate with federal government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 539.160 — OR Code / Title 45 / Chapter 539 / Section 539.160
539.160 Transmittal of copy of decree to department
Status: in_force

The clerk of the circuit court, upon the entry of any decree by the circuit court or judge thereof, as provided by ORS 539.150 (Court proceedings to review determination of director) , shall transmit a certified copy of the decree to the Water Resources Department where a record of the decree shall be maintained. The Water Resources Director shall issue to the watermasters instructions in compliance with the decree, and in execution thereof. [Amended by 1991 c.102 §9]

Source: Section 539.160 — Transmittal of copy of decree to department; instructions to watermasters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 540.488 — OR Code / Title 45 / Chapter 540 / Section 540.488
540.488 Water Resources Commission duties and powers
Status: in_force

(1) The Water Resources Commission may adopt rules the commission deems necessary or convenient for the administration and enforcement of ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) .

(2) Notwithstanding subsection (1) of this section, the commission shall adopt rules that, at a minimum, establish:

(a) A schedule of civil penalty amounts for purposes of ORS 540.995 (Civil penalties) ;

(b) The conditions under which the Water Resources Department may remit a civil penalty; and

(c) Standards for the site, plans, specifications, designs and other engineering requirements for the construction or removal of a dam.

(3) In addition to any other powers of the department, in carrying out department duties, functions and powers under ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) , the department may:

(a) Enter into contracts, memorandums of understanding and intergovernmental agreements for:

(A) The inspection, evaluation or study of dams; or

(B) The response to dam failure or potential dam failure;

(b) Accept moneys from any public or private source for the administration and enforcement of ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) or for enhancing the safety of dams or the protection of life, property or public infrastructure in areas below dams;

(c) Coordinate with federal, tribal, state, local and private entities to enhance the safety of dams or the protection of life, property or public infrastructure in areas below dams; and

(d) Waive or reduce fees for dams inspected by another state agency under a memorandum of understanding with the department. [2019 c.390 §17]

Source: Section 540.488 — Water Resources Commission duties and powers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.060 — OR Code / Title 45 / Chapter 547 / Section 547.060
547.060 Scope of Drainage District Act
Status: in_force

As used in this chapter, “Drainage District Act” means ORS 547.005 (Authority to form drainage district) to 547.030 (Evidence at hearing) , 547.057 (Drainage district activity as urban service) , 547.105 (Election of supervisors) to 547.150 (Payment of claims) , 547.205 (Appointment of engineer) to 547.240 (Dissolution of district if cost exceeds benefits) , 547.250 (Changes in plan for reclamation) to 547.265 (Amendment of plan where works or charge insufficient) , 547.310 (Board authority regarding reclamation works) , 547.315 (Connecting existing improvements) , 547.455 (Annual charge or assessment) to 547.475 (List of assessments and apportionments) , and 547.555 (Bonds) to 547.580 (Retirement of bonds before maturity) . [Amended by 2015 c.544 §13]

Source: Section 547.060 — Scope of Drainage District Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.345 — OR Code / Title 45 / Chapter 545 / Section 545.345
545.345 Conveyance of lands to United States
Status: in_force

Any property acquired by the district may be conveyed to the United States in so far as the property may be needed by the United States for the construction, operation and maintenance of works for the benefit of the district under any contract that may be entered into with the United States under ORS 545.343 (Obligations or contracts with United States under Reclamation Act) or 545.347 (Obligations or contracts with United States under Fact Finders’ Act) . [Formerly 545.078]

Source: Section 545.345 — Conveyance of lands to United States , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543.550 — OR Code / Title 45 / Chapter 543 / Section 543.550
543.550 Liens prohibited
Status: in_force

No lien for labor, services, materials, machinery or equipment shall exist or be acquired or enforced upon any property acquired, constructed or made a part of any project under license issued pursuant to ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) . No property shall be put into or made part of any such project unless owned by the licensee free and clear of all liens and claims whatsoever, except a lien created by the licensee upon the whole property embraced in the project by mortgage or deed of trust, to the end that the entire property embraced in the project be kept and maintained as an indivisible whole. The mortgage or deed of trust may include other property. Any voluntary sale or any sale upon a judgment of foreclosure, execution or otherwise, shall be of the whole property embraced in the project unless the Water Resources Commission, by an order in writing, consents to and approves of a sale of a part of the property. If less than the whole of any property embraced in a project is sold with the consent and approval of the commission, the commission shall determine at the time of the sale the actual net investment in the part sold, as well as the actual net investment in the part remaining unsold. [Amended by 1985 c.673 §161; 2003 c.576 §496]

Source: Section 543.550 — Liens prohibited; exceptions; what may be included by mortgage, trust deed, or sale; determination of investment in case of sale of part , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 541.740 — OR Code / Title 45 / Chapter 541 / Section 541.740
541.740 Liens and other loan security
Status: in_force

(1) Intentionally left blank —Ed.

(a) When a loan is made to a water developer other than a water developer described in ORS 541.700 (Definitions for ORS 541.700 to 541.855) (7)(a), (b), (c) or (d) for the construction of a water development project under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) , the State of Oregon has a lien for the amount of the unpaid balance of the loan. The lien created by this subsection attaches to the real property held in fee simple of the water developer or to the user charges, including interest, owed to or received by the water developer. The lien created by this subsection does not attach to a leasehold. At the discretion of the Water Resources Commission, the lien may attach to all real property, whether owned by the water developer or other persons, which is served by the water development project or which is served by a water source enhanced or restored by the water development project.

(b) Except for tax liens, the lien created by this section is prior and superior to all other liens or encumbrances upon the affected real property or user charges, without regard to the date on which the other liens or encumbrances attached to the real property or user charges. However, the commission may elect to accept a second or parity lien position against the real property or user charges encumbered by this section, if the commission determines the lien position would provide adequate security for the water development loan, as set forth in rules adopted by the commission.

(c) The existence or foreclosure of the lien created by this subsection shall not cause the acceleration of payment of user charges or other payments on affected real property. Such payments shall continue to be made as they become due.

(2) When a loan is made under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) to a water developer described in ORS 541.700 (Definitions for ORS 541.700 to 541.855) (7)(a), (b), (c) or (d), the loan shall be secured by a mortgage or security agreement in the full amount of the loan. The mortgage or security agreement shall be a first lien, or a parity or second lien if the commission determines it would provide adequate security, upon such real property of the water developer as the commission shall require for adequate security.

(3) When a lien created by subsection (1) of this section is foreclosed, a person whose real property is subject to the lien solely because that real property is irrigated or drained by reason of a water development project or because the real property is served by a water source improved by a water development project for watershed enhancement, shall only have that portion of real property subjected to foreclosure that represents that person’s pro rata share of the indebtedness.

(4) When a loan is made to a water developer under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) , the commission shall file notice of the loan with the recording officer of each county in which is situated real property of the water developer or real property to which the lien created by subsection (1) or (2) of this section may attach. The notice shall contain a description of the real property of the water developer, a description of any other real property that will be served by the water development project and to which the lien is to attach, the amount of the loan and a statement that the State of Oregon has a lien against such real property as provided in subsection (1) or (2) of this section.

(5) Upon payment of all amounts loaned to a water developer pursuant to ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) , the commission shall file with each recording officer referred to in subsection (4) of this section a satisfaction notice that indicates repayment of the loan.

(6) The commission may cause to be instituted appropriate proceedings to foreclose liens for delinquent loan payments, and shall pay the proceeds of any such foreclosure, less expenses incurred in foreclosing, into the Water Development Administration and Bond Sinking Fund. In a foreclosure proceeding, the commission may bid on property offered for sale in the proceeding and may acquire title to the property on behalf of the state.

(7) The commission may take any action, make any disbursement, hold any funds or institute any action or proceeding necessary to protect the state’s interest.

(8) Notwithstanding ORS 293.240 (Writing off uncollectible debts due state agency) , the commission may compromise, release, discharge, waive, cancel or settle a claim against a water developer if such action:

(a) Is consistent with the purposes of ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) ;

(b) Does not impair the ability to pay the administrative expenses of the commission or the obligations of any bonds outstanding; and

(c) Is, under the circumstances, the means most likely to preserve the claim or to recover the greatest part of the amount claimed.

(9) The commission, by rule, may set out procedures to be used when a water developer is unable to make required loan payments because of illness, injury, death, involuntary job loss or economic stress due to factors beyond individual control. The rules shall be effective to the extent permitted by the terms of the contracts associated with affected loans. The rules:

(a) May provide for a temporary reduction of loan payment;

(b) May provide for any other solution jointly agreed to by the water developer and the commission;

(c) Shall provide for repayment of the amount of any loan payments reduced under the rules in accordance with terms and conditions agreed upon by the borrower and the commission; and

(d) Shall require the commission to consider the effect of any payment reduction or delay on the solvency of the program as a whole, on estimates of the most probable financial position of the program in the future and on other borrowers in the program.

(10) Intentionally left blank —Ed.

(a) Upon application by a water developer, the commission may grant a partial release of security when the commission determines that granting the requested release will not jeopardize the water development loan program’s security position.

(b) The remaining property must qualify as security for the loan balance under the applicable law.

(c) Notwithstanding compliance with paragraph (b) of this subsection, the commission may require that the loan balance be reduced as consideration for granting the requested release. [1977 c.246 §8; 1981 c.166 §4; 1985 c.673 §118; 1987 c.636 §4; 1989 c.950 §3; 1999 c.212 §4; 2009 c.907 §8; 2013 c.784 §36]

Source: Section 541.740 — Liens and other loan security; foreclosure; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 549.170 — OR Code / Title 45 / Chapter 549 / Section 549.170
549.170 Appeal to circuit court from assessment of damages
Status: in_force

Any person aggrieved by the assessment of damages may appeal within 20 days to the circuit court.

Source: Section 549.170 — Appeal to circuit court from assessment of damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 553.710 — OR Code / Title 45 / Chapter 553 / Section 553.710
553.710 Intergovernmental agreements
Status: in_force

After the creation of a subdistrict, and with the approval of the electors of the subdistrict, a water control district may enter into intergovernmental agreements under ORS chapter 190 for the construction of works within the subdistrict or outside of the subdistrict for the benefit of lands within the subdistrict. If by reason of an intergovernmental agreement a district becomes obligated to contribute all or any part of the cost of constructing such works or to furnish rights of way or to pay for the cost of improvements to be made in conjunction with the construction of such works or to maintain and operate the works after the construction thereof, the district may levy an ad valorem tax against the lands within the subdistrict for the purpose of raising funds with which to discharge its obligations under the agreement and to pay the costs and expenses incurred by the district in connection therewith. The levy of an ad valorem tax for such purposes shall be in lieu of and not in addition to any other method of levying assessments by a water control district. [Amended by 1991 c.459 §431h; 2003 c.802 §142]

Source: Section 553.710 — Intergovernmental agreements; levy of tax to meet obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 554.510 — OR Code / Title 45 / Chapter 554 / Section 554.510
554.510 Authority to include or exclude lands
Status: in_force

A corporation formed under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) may amend its articles of incorporation to include or exclude land as provided in ORS 554.510 (Authority to include or exclude lands) to 554.590 (Articles of amendment) . [1963 c.103 §2; 1987 c.94 §158]

Source: Section 554.510 — Authority to include or exclude lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 547.480 — OR Code / Title 45 / Chapter 547 / Section 547.480
547.480 Collection of tax
Status: in_force

The collection of the tax shall be coincident with collection of the state and county tax, and shall be governed by the laws relating thereto, 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, as provided in ORS 547.150 (Payment of claims) , shall be drawn against and paid out of this fund. The county treasurer shall make returns to the secretary of the board of supervisors, and shall pay over and account for all moneys collected thereon quarterly to the treasurer of the district. [Amended by 1973 c.305 §19]

Source: Section 547.480 — Collection of tax; disposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.291 — OR Code / Title 45 / Chapter 545 / Section 545.291
545.291 Apportionment of water to tracts
Status: in_force

When a parcel of land lying within an irrigation district is subdivided or partitioned into tracts, and plats of such subdivision are filed as provided by law, if the owners fail properly to apportion the water to their various tracts in the subdivision, the board of directors may employ some competent person to distribute and apportion water for the tracts. The reasonable cost of the distribution and apportionment of water shall be apportioned each year by the board to the tracts. The cost of the distribution and apportionment of water shall be assessed or charged by the board as a special charge to the tracts in the same manner as other assessments or charges are made and extended upon the tax rolls of the county in which the irrigation district lies. The assessments or charges so levied and apportioned shall be a lien upon the tracts and shall be collected in the same manner as all other assessments or charges are levied and collected by the board. [Formerly 545.410; 1999 c.452 §24]

Source: Section 545.291 — Apportionment of water to tracts; employment of person to distribute water; assessment or charge; lien on land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.532 — OR Code / Title 45 / Chapter 537 / Section 537.532
537.532 Injection of ground water into aquifers
Status: in_force

(1) Notwithstanding any other provision of law, the injection into aquifers of water that complies with drinking water standards established by the Oregon Health Authority under ORS 448.273 (Federal Safe Drinking Water Act administration) under an aquifer storage and recovery limited license or permit:

(a) Shall not be considered a waste, contaminant or pollutant;

(b) Shall be exempt from the requirement to obtain a discharge permit under ORS 468B.050 (Water quality permit) or 468B.053 (Alternatives to obtaining water quality permit) or a concentration limit variance from the Department of Environmental Quality;

(c) Shall comply with all other applicable local, state or federal laws; and

(d) May be located within or outside an urban growth boundary in conformance with land use laws.

(2) In order to continue to protect the high quality of Oregon’s aquifers for present and future uses, the Legislative Assembly recognizes the need to minimize concentrations of constituents in the injection source water that are not naturally present in the aquifer. Each aquifer storage and recovery limited license or permit shall include conditions to minimize, to the extent technically feasible, practical and cost-effective, the concentration of constituents in the injection source water that are not naturally present in the aquifer. In no case may an aquifer storage and recovery limited license or permit establish concentration limits for water to be injected in excess of the standards established by the authority under ORS 448.273 (Federal Safe Drinking Water Act administration) or the maximum measurable levels established by the Environmental Quality Commission under ORS 468B.165 (Ground water contaminants) , whichever are more stringent.

(3) Except as otherwise provided, if the injection source water contains constituents regulated under ORS 448.273 (Federal Safe Drinking Water Act administration) or 468B.165 (Ground water contaminants) that are detected at greater than 50 percent of the established levels, the aquifer storage and recovery limited license or permit may require the permittee to employ, or continue the employment of, technically feasible, practical and cost-effective methods to minimize concentrations of such constituents in the injection source water. Constituents that have a secondary maximum contaminant level or constituents that are associated with disinfection of the water may be injected into the aquifer up to the standards established under ORS 448.273 (Federal Safe Drinking Water Act administration) .

(4) The Water Resources Department may, based upon valid scientific data, further limit certain constituents in the injection source water if the department finds the constituents will interfere with or pose a threat to the maintenance of the water resources of the state for present or future beneficial uses. [1995 c.487 §3; 1997 c.286 §9; 2009 c.595 §984]

Source: Section 537.532 — Injection of ground water into aquifers; standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 550.350 — OR Code / Title 45 / Chapter 550 / Section 550.350
550.350 Loan agreements with state and federal agencies
Status: in_force

(1) The urban flood safety and water quality district may enter into a loan agreement with a state or federal agency. The loan agreement shall be in such form and contain such terms as the district and the agency may agree to.

(2) The district may agree to impose and collect assessments against each tract of land benefited by the works or services financed by the loan agreement, to take all actions necessary to impose and collect the assessments, to assign to the lending agency the assessments as security for the loan and to take all actions within the period of time agreed to by the district and lending agency.

(3) If the lending agency pays over money to the district pursuant to the terms of a loan agreement entered into under this section and the district fails, refuses or neglects to impose or collect the assessments, to obtain or prepare a roll of benefited tracts of land, to assign the assessments or in any other manner to perform as agreed under the loan agreement, the lending agency has the right, at the agency’s election, to apply to Multnomah County Circuit Court for a writ of mandamus, or any other order or writ, to require the district or the directors, employees and agents of the district to perform as agreed to under the terms of the loan agreement. In addition to the assessments imposed under the loan agreement, all costs, charges and expenses pertaining to the issuance and execution of a writ or order under this subsection shall be charged to and collected from the lands subject to the assessments.

(4) Upon the execution of a loan agreement under this section, the district shall file for record a certificate that states the date of the loan agreement, the maximum amount, term and rate of the loan and the recording data pertaining to the recorded order creating the district. The certificate must give notice that all lands within the district determined to be benefited by the construction of the works specified in the loan agreement are subject to the assessments imposed under this section. [2019 c.621 §21]

Source: Section 550.350 — Loan agreements with state and federal agencies; enforcement by order of circuit court; filing of loan certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 540.612 — OR Code / Title 45 / Chapter 540 / Section 540.612
540.612 Exemption from forfeiture
Status: in_force

If a district, as defined in ORS 540.505 (Definitions) , petitions for a transfer as provided in ORS 540.574 (Petition for approval of transfer) no later than the end of the calendar year of the fifth year of nonuse under ORS 540.610 (Use as measure of water right) (1), the forfeiture provisions of ORS 540.610 (Use as measure of water right) shall not apply to the lands from which the water right is sought to be transferred pending approval of the district’s petition. The time required for the processing of the petition, including any time required for hearings, appeals and completion of an authorized change, shall not be included when computing a five-year period of nonuse under the provisions of ORS 540.610 (Use as measure of water right) (1). [1991 c.957 §11]

Source: Section 540.612 — Exemption from forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 548.920 — OR Code / Title 45 / Chapter 548 / Section 548.920
548.920 Notice of petition filing
Status: in_force

(1) If the petition is accepted and filed by the district secretary, the secretary shall, within 30 days thereafter, cause a notice of the filing to be published in one or more newspapers of general circulation within the district or, if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. The secretary may also cause the notice to be published by radio and television stations broadcasting in the district as provided by ORS 193.310 (Definitions for ORS 193.310 to 193.360) and 193.320 (Radio and television broadcasts as supplement to newspaper publication) .

(2) The published notice shall state:

(a) That a petition proposing a plan for the dissolution or reorganization of the district, as the case may be, has been filed with the district secretary.

(b) That a copy of the petition is available at a reasonable fee for each person who desires a copy.

(c) That unless a petition signed by not less than 10 percent of the qualified electors and landowners of the district requesting that an election be called by the district board is filed with the district secretary within 30 days of the date of the publication of the notice, the district board will file its petition in circuit court as provided by ORS 548.930 (Vote result requirements) (2).

(3) A petition requesting an election must be signed in the manner provided by ORS 548.915 (Determining qualified petition signatures) (1) and shall be subject to the examination and requirements provided by ORS 548.915 (Determining qualified petition signatures) (2) and (3). [1973 c.415 §§5,6]

Source: Section 548.920 — Notice of petition filing; contents; election petition; signature requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 554.080 — OR Code / Title 45 / Chapter 554 / Section 554.080
554.080 Corporate existence
Status: in_force

When the articles of incorporation are filed by the Secretary of State, the corporation is deemed to be established and has the power:

(1) To sue and be sued.

(2) To contract and be contracted with.

(3) To have, use and alter a corporate seal.

(4) To purchase, condemn by the power of eminent domain, possess and dispose of real and personal property as necessary and convenient to carry out the purposes of the corporation, and to take, hold, possess and dispose of all real and personal property donated to the corporation to carry out the purposes of the corporation.

(5) To appoint subordinate officers, employees and agents as the corporation requires, and prescribe their duties and compensation.

(6) To make, establish or amend bylaws, rules and regulations, not inconsistent with the laws of the state, the articles of incorporation, or the covenants and provisions of the landowners’ notice provided in ORS 554.170 (Covenants by landowners) to 554.190 (Recording notice) , if any is filed, prescribing the manner and mode of conducting the business of the corporation, distributing and using water in domestic use, irrigating land, using any drainage or flood control works, collecting and treating sewage and enforcing the collection of rates, tolls, charges, fees, fines and assessments. Bylaws, rules and regulations must be ratified by two-thirds of the votes of the members of the corporation.

(7) To prescribe, fix, make and charge and collect from the water users or those who receive the benefits of the corporation, rates, tolls, fees, fines and charges for maintenance and operation of the corporation, use of water or for the works of the corporation, or for violation of any of the bylaws, rules and regulations of the corporation. The rates, tolls, fines, fees and charges shall be a lien on the crops produced as prescribed in ORS 545.275 (Lien on crops for water supplied for irrigation) , and may be a lien upon the land to which the water was furnished, or benefit was provided, as prescribed in ORS 554.135 (Alternative method for collecting assessments) .

(8) To make, levy and collect assessments either ratably or in proportion to the benefits received as provided by the bylaws or recorded landowners’ notice, upon the lands described in the articles of incorporation to fund the corporation for any purpose, including maintenance and operation, estimated delinquencies on assessments, principal and interest of maturing indebtedness, and reserve necessary or provided by the bylaws, subject to the limitations, restrictions and provisions of the recorded landowners’ notice. [Amended by 1987 c.94 §148; 1991 c.459 §432d; 2013 c.284 §2]

Source: Section 554.080 — Corporate existence; powers of corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 537.490 — OR Code / Title 45 / Chapter 537 / Section 537.490
537.490 Use of conserved water
Status: in_force

(1) Any person or agency allocated conserved water under ORS 537.470 (Allocation of conserved water by commission) may reserve the water in stream for future out-of-stream use or otherwise use or dispose of the conserved water. Any person or agency to whom conserved water is allocated shall notify the commission of the dispensation of the right to the use of conserved water. The notice shall include:

(a) The name and address of the person buying or leasing the right to the use of conserved water;

(b) The use to which the conserved water is to be put; and

(c) The terms of any agreement between the appropriator and the person using the conserved water.

(2) Notwithstanding any other provision of law, a person who holds a water right permit or certificate having a subsequent priority to a certificate issued under ORS 537.470 (Allocation of conserved water by commission) may not acquire a vested right to any water or return flow of water that results from either the lease of the right to the use of conserved water or the reservation of conserved water in stream for future use under subsection (1) of this section.

(3) Any right to the use of conserved water sold under subsection (1) of this section:

(a) Shall become appurtenant to the premises upon which the purchaser uses the water; and

(b) Shall be subject to the provisions of ORS 540.505 (Definitions) to 540.585 (Temporary transfers within Deschutes River Basin) and 540.610 (Use as measure of water right) to 540.650 (Issuance of new water right certificate for water rights not canceled) .

(4) When the commission receives notice of the sale of the right to the use of conserved water under subsection (1) of this section, the commission shall issue to the purchaser a new water right certificate covering the right to the use of conserved water that was sold. The certificate shall indicate the priority of the water right according to the provisions of ORS 537.485 (Priority of right to use conserved water) . [1987 c.264 §8; 1993 c.641 §7]

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

Source: Section 537.490 — Use of conserved water; notice of dispensation of right to use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 540.485 — OR Code / Title 45 / Chapter 540 / Section 540.485
540.485 Actual or potential dam failure
Status: in_force

(1) If an actual or potential dam failure creates an imminent risk to life, property or public infrastructure, and an emergency action plan exists for the dam, the dam owner shall immediately implement the actions specified in the plan.

(2) If an actual or potential dam failure creates an imminent risk to life, property or public infrastructure, and no emergency action plan exists for the dam, the dam owner shall immediately:

(a) Notify by telephone or other method that ensures immediate notification:

(A) If the dam has a significant hazard rating, the local emergency services agency for the county where the dam is located;

(B) The Water Resources Department; and

(C) To the extent practicable, persons in areas where the potential for dam failure creates a risk to life, property or public infrastructure; and

(b) Take all practicable actions to prevent dam failure.

(3) If the department is aware of conditions that indicate the need for immediate action to prevent dam failure, the department may advise the owner or operator of the dam or the individual in immediate charge of the dam regarding the actions necessary to prevent the dam failure.

(4) The department may communicate and coordinate actions necessary to reduce the risk of dam failure. If there is a rapidly increasing leakage or risk of overtopping at a dam that has a significant hazard rating or high hazard rating, the department may open gates or valves and may siphon or pump water to reduce the water level in the reservoir. Activities under this subsection by the department do not relieve the owner, the operator or an individual in immediate charge of a dam from the responsibility to prevent the dam failure.

(5) If a dam that has a significant hazard rating or high hazard rating presents an imminent risk of dam failure, the department or its agent or representative may enter without notice or permission upon any property that affords access to the dam to the extent entry is reasonable or necessary to allow evaluation of the condition or risk or to undertake actions described in subsection (4) of this section. [2019 c.390 §16]

Source: Section 540.485 — Actual or potential dam failure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.360 — OR Code / Title 45 / Chapter 547 / Section 547.360
547.360 Payment of amounts due
Status: in_force

The board of supervisors of any drainage district shall provide by a resolution, adopted at a regular meeting or at a special meeting called for that purpose, for the payment of the amounts to become due under such contract with the United States, according to the provisions of the contract, by assessment upon the lands which are to be benefited by the drainage or irrigation. The assessments shall be a lien upon the lands of the district to the same extent as other assessments under the drainage laws of this state, and, except as provided in ORS 547.492 (Alternative charge or assessment method) , shall be collected by the tax collector of the county within which the lands are situated the same as other taxes are collected. [Amended by 1991 c.459 §425h]

DISTRICTS WEST OF CASCADES; CONSTRUCTION AND MAINTENANCE OF DITCHES

Source: Section 547.360 — Payment of amounts due; assessments on lands; lien thereof; collection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.147 — OR Code / Title 45 / Chapter 537 / Section 537.147
537.147 Permit to use stored water
Status: in_force

(1) Notwithstanding the process for applying for a water right permit established in ORS 537.150 (Filing of application) to 537.230 (Time allowed for construction of irrigation or other work) , a person may, pursuant to this section, apply to the Water Resources Department for a water right permit to use stored water. A person applying under this section for a water right permit to use stored water shall submit:

(a) A fee, in the amount required by ORS 536.050 (Fees) for applications to appropriate stored water.

(b) A completed application for a secondary permit, in a form determined by the department, that contains the information required of applications under ORS 537.140 (Application for permit) and 537.400 (Reservoir permits) (1).

(c) Evidence that the proposed use of the stored water is one of the authorized uses under the water right permit, certificate or decree that allows the storage of water.

(2) If an applicant provides, to the satisfaction of the department, the fee and the information required by subsection (1) of this section, the department may, after public notice and a 30-day opportunity to submit comments on the application, issue a water right permit upon determining that no public interest issues as identified in ORS 537.170 (Contested case hearing on application) (8) have been raised through the comments submitted.

(3) If the department determines that public interest issues have been identified, then the department shall treat the application under this section as an application under ORS 537.150 (Filing of application) and perform the public interest review required by ORS 537.153 (Review of application) (2).

(4) At a minimum, a water right permit issued by the department for use of stored water under this section shall be conditioned to require:

(a) Fish screens and by-pass devices and fish passage as may be required by the State Department of Fish and Wildlife; and

(b) A measuring device at each point of diversion authorized under the water right permit.

(5) Within 10 days of issuing a water right permit under this section, the department shall provide notice of the permit issuance in the weekly notice published by the department and to persons who have submitted comments pursuant to subsection (2) of this section. [2005 c.37 §2]

Source: Section 537.147 — Permit to use stored water; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.088 — OR Code / Title 45 / Chapter 543 / Section 543.088
543.088 Payment of costs or fee for reauthorization or relicensing of project
Status: in_force

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

(a) The actual cost of the Hydroelectric Application Review Team’s reauthorization activities for the year in question as established pursuant to ORS 543A.405 (Application fees) and 543A.410 (Fee schedule) ; or

(b) 12.5 cents per theoretical horsepower as specified in the water right for each project under consideration for reauthorization. This amount shall be calculated in 1998 dollars.

(2) For any project, the interim period referred to in subsection (1) of this section shall begin on the January 1 immediately following submission to the Water Resources Department of a proposed final order for reauthorization of the project under ORS 543A.115 (Final unified state position) (2). For any project, the interim period referred to in subsection (1) of this section shall end on December 31 of the year the department issues a final order on reauthorization of the project pursuant to ORS 543A.130 (Contested case hearing) .

(3) Notwithstanding ORS 543.090 (Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim) , during each year of the interim period established in subsection (4) of this section, any power claimant or uncertificated claimant seeking to relicense a federally licensed hydroelectric project shall pay the greater of:

(a) The actual cost of the team’s relicensing activities for the year in question as established pursuant to ORS 543.090 (Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim) ; or

(b) 12.5 cents per theoretical horsepower as specified in the water right for each project under consideration for relicensing. This amount shall be calculated in 1998 dollars.

(4) For any project, the interim period referred to in subsection (3) of this section shall begin on the January 1 immediately following issuance of an annual license for the project by the Federal Energy Regulatory Commission. For any project, the interim period referred to in subsection (3) of this section shall end on December 31 of the year the Federal Energy Regulatory Commission issues a new license for the project.

(5) The Water Resources Department shall reimburse a participating agency for costs incurred in the agency’s review of a project during the year for which the fees are collected. Such costs shall not include expenses of other state agencies for which a fee is otherwise collected under state law. Any fees collected under subsection (1) or (3) of this section in excess of the team’s actual cost of evaluation of the project for the year shall be distributed according to ORS 536.015 (Water Resources Department Hydroelectric Fund) .

(6) No fee shall be charged under this section unless the project is a federally licensed project.

(7) No fee shall be charged pursuant to subsection (1) of this section unless the Hydroelectric Application Review Team proposes to reauthorize the water right for the project in the proposed final order submitted to the Water Resources Department under ORS 543A.115 (Final unified state position) (2).

(8) Water right certificants and licensees with water rights or licenses that expire more than five years after the original federal license for the project expires shall not begin paying fees assessed under this section until after the expiration date of the original state hydroelectric license or water right. [1999 c.873 §9]

Source: Section 543.088 — Payment of costs or fee for reauthorization or relicensing of project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 540.610 — OR Code / Title 45 / Chapter 540 / Section 540.610
540.610 Use as measure of water right
Status: in_force

(1) Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this state. Whenever the holder of a perfected and developed water right ceases or fails to use all or part of the water appropriated for a period of five successive years, or for a period of five years that is calculated in whole or in part as described in subsection (4) of this section, the failure to use shall establish a rebuttable presumption of forfeiture of all or part of the water right.

(2) Upon a showing of failure to use beneficially for five successive years, or for a period of five years that is calculated in whole or in part as described in subsection (4) of this section, the appropriator has the burden of rebutting the presumption of forfeiture by showing one or more of the following:

(a) The water right is for use of water, or rights of use, acquired by cities and towns in this state, by appropriation or by purchase, for all reasonable and usual municipal purposes.

(b) A finding of forfeiture would impair the rights of such cities and towns to the use of water, whether acquired by appropriation or purchase, or heretofore recognized by act of the legislature, or which may hereafter be acquired.

(c) The use of water, or rights of use, are appurtenant to property obtained by the Department of Veterans’ Affairs under ORS 407.135 (Authority of department) or 407.145 (Purchase and control of property) for three years after the expiration of the period of redemption provided for in ORS 18.964 (Time for redemption) while the land is held by the Department of Veterans’ Affairs, even if during such time the water is not used for a period of more than five successive years.

(d) The use of water, or rights of use, under a water right, if the owner of the property to which the right is appurtenant is unable to use the water due to economic hardship as defined by rule by the Water Resources Commission.

(e) The period of nonuse occurred during a period of time within which land was withdrawn from use in accordance with the Federal Conservation Reserve Program, Act of Congress of December 23, 1985, chapter 198 (16 U.S.C. 3831-3836, 3841-3845). If necessary, in a cancellation proceeding under this section, the water right holder rebutting the presumption under this paragraph shall provide documentation that the water right holder’s land was withdrawn from use under a federal reserve program.

(f) The end of the alleged period of nonuse occurred more than 15 years before the date upon which evidence of nonuse was submitted to the commission or the commission initiated cancellation proceedings under ORS 540.631 (Cancellation of forfeited water right) , whichever occurs first.

(g) The owner of the property to which the water right was appurtenant is unable to use the water because the use of water under the right is discontinued under an order of the commission under ORS 537.775 (Wasteful or defective wells) .

(h) The nonuse occurred during a period of time within which the water right holder was using reclaimed water in lieu of using water under an existing water right.

(i) The nonuse occurred during a period of time within which the water right holder was reusing water through land application as authorized by ORS 537.141 (Uses of water not requiring water right application, permit or certificate) (1)(i) or 537.545 (Exempt uses) (1)(g) in lieu of using water under an existing water right.

(j) The owner or occupant of the property to which the water right is appurtenant was unable to make full beneficial use of the water because water was not available. A water right holder rebutting the presumption under this paragraph shall provide evidence that the water right holder was ready, willing and able to use the water had it been available.

(k) The holder of a water right is prohibited by law from using the water. If the prohibition is subject to remedial action that would allow the use of the water, the water right holder shall provide evidence that the water right holder is conducting the remedial action with reasonable diligence.

(L) The nonuse occurred during a period of time within which the exercise of all or part of the water right was not necessary due to climatic conditions, so long as the water right holder had a facility capable of handling the full allowed rate and duty, and was otherwise ready, willing and able to use the entire amount of water allowed under the water right.

(m) The nonuse occurred during a period of time within which the water was included in a transfer application pending before the Water Resources Department.

(n) The nonuse of a supplemental water right occurred during a period of time when the primary water right used in conjunction with that supplemental water right was leased as an in-stream water right pursuant to ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) .

(3) Notwithstanding subsection (1) of this section, if the holder of a perfected and developed water right uses less water to accomplish the beneficial use allowed by the right, the right is not subject to forfeiture so long as:

(a) The holder has a facility capable of handling the entire rate and duty authorized under the right; and

(b) The holder is otherwise ready, willing and able to make full use of the right.

(4) Intentionally left blank —Ed.

(a) As used in this subsection, “drought year” means a calendar year in which the Governor declares, pursuant to ORS 536.740 (Governor’s authority to declare drought) , that a severe, continuing drought exists, or is likely to exist, within a county.

(b) A drought year does not count as a year for purposes of forfeiture under this section for a holder of a perfected and developed water right within the county for which the drought year was declared, if the holder has a facility capable of handling the entire rate and duty authorized under the water right and is otherwise ready, willing and able to make full use of the water right.

(c) A year, during which nonuse occurs, that precedes or follows a drought year counts as a year for purposes of forfeiture under this section for a holder of a perfected and developed water right within the county for which the drought year was declared.

(d) This subsection may not have any effect on consideration of an application under ORS 540.520 (Application for change of use, place of use or point of diversion) .

(5) The right of all cities and towns in this state to acquire rights to the use of the water of natural streams and lakes, not otherwise appropriated, and subject to existing rights, for all reasonable and usual municipal purposes, and for such future reasonable and usual municipal purposes as may reasonably be anticipated by reason of growth of population, or to secure sufficient water supply in cases of emergency, is expressly confirmed.

(6) After a water right is forfeited under subsection (1) of this section, the water that was the subject of use shall revert to the public and become again the subject of appropriation in the manner provided by law, subject to existing priorities. [Amended by 1985 c.689 §5; 1987 c.339 §4; 1989 c.699 §1; 1989 c.833 §61a; 1991 c.370 §6; 1995 c.356 §2; 1995 c.366 §1; 1997 c.42 §5; 1997 c.244 §5; 1997 c.283 §1; 1999 c.335 §3; 1999 c.804 §§3,4; 2005 c.222 §1; 2005 c.542 §70; 2005 c.625 §70; 2023 c.185 §1]

Source: Section 540.610 — Use as measure of water right; forfeiture for nonuse; confirmation of rights of municipalities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 541.551 — OR Code / Title 45 / Chapter 541 / Section 541.551
541.551 Requirements for providers of water project support
Status: in_force

(1) As used in this section:

(a) “Community engagement plan” means a plan to meaningfully engage and provide suitable access to decision-making processes for disproportionately impacted communities, underrepresented communities, tribal communities and all persons regardless of race, color, national origin or income in planning for water projects using identified best practices.

(b) “Disproportionately impacted communities” may include:

(A) Rural communities;

(B) Coastal communities;

(C) Areas with above-average concentrations of historically disadvantaged households or residents with low levels of educational attainment, areas with high unemployment, high linguistic isolation, low levels of homeownership or high rent burden or sensitive populations; or

(D) Other communities that face barriers to meaningful participation in public processes.

(c) “Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined) .

(d) “Local organization” means an organization that:

(A) Is a special government body as defined in ORS 174.117 (“Special government body” defined) , a federally recognized Indian tribe, a nonprofit organization or other organization identified by a provider of water project support by rule as eligible to receive water project support; and

(B) Operates in an area affected by a water project.

(e) “Water project” includes watershed enhancement, in-stream flow protection or enhancement, water resource conservation or development, or water supply and wastewater treatment and disposal projects.

(f) “Water project support” means planning, technical assistance or financial support related to a water project that is provided to an eligible recipient by one of the following providers:

(A) The Department of Environmental Quality;

(B) The Oregon Business Development Department;

(C) The State Department of Fish and Wildlife;

(D) The Oregon Health Authority;

(E) The Oregon Watershed Enhancement Board; or

(F) The Water Resources Department.

(2) A provider of water project support:

(a) May make water project support available for the purpose of enabling local organizations and local governments to develop and implement community engagement plans related to a water project, including funding to increase participation by representatives of disproportionately impacted communities in planning processes and water project decision-making.

(b) Shall require that community engagement plans supported by the provider utilize goals and approaches for increased participation of disproportionately impacted communities in decisions related to the identification, scoping, design and implementation of water projects.

(c) Shall require that community engagement plans supported by the provider utilize best practices recognized by the provider under subsection (4) of this section.

(3) A provider of water project support may condition support for community engagement planning on the local organization or local government:

(a) Identifying disproportionately impacted communities and local demographics through the use of established systems; and

(b) Using best practices recognized by the provider under subsection (4) of this section to develop a plan for water project decision-making that:

(A) Invites and supports broad community participation that includes disproportionately impacted communities;

(B) Invites and supports tribal participation in the areas of water projects or proposed water projects, regardless of whether tribal members are represented in the community demographics;

(C) Establishes specific goals for equitable participation and water project decision-making and identifies specific realistic and achievable approaches for use in meeting those goals; and

(D) Provides for periodic reporting on the attempted or successful achievement of best practices in the decision-making process.

(4) Each provider of water project support shall, in coordination with the other providers, adopt rules recognizing best practices for use by the provider, local organizations and local governments to ensure that community engagement planning activities are carried out in the manner described in this section. Providers of water project support shall periodically coordinate with each other to ensure that best practices recognized by the providers are updated as necessary and are administered and used by the providers in a consistent manner. The Water Resources Department shall oversee the coordination process. The department shall ensure that the coordination process occurs at least once every five years. [2021 c.129 §1]

Note: 541.551 (Requirements for providers of water project support) 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.

WATER CONSERVATION, REUSE AND STORAGE GRANTS

Source: Section 541.551 — Requirements for providers of water project support , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 538.010 — OR Code / Title 45 / Chapter 538 / Section 538.010
538.010 Waters diverted from Ditch Creek
Status: in_force

(1) The waters of Ditch Creek which were diverted to and became a part of the waters of Willow Creek, under the provisions of chapter 324, Oregon Laws 1939, are subject to the same rights of use and appropriation as the original waters of Willow Creek.

(2) The right of the county court of Morrow County to divert and store the waters of Ditch Creek, acquired under the certificate issued by the Water Resources Director licensing such diversion and storage, shall date from the time the application to divert and store such waters was filed. The waters shall be used for the purposes, in the manner and under the conditions set forth in the certificate, for such time as the use is for the public interest. If the waters are not used under the license for a five-year period, the license shall expire.

Source: Section 538.010 — Waters diverted from Ditch Creek; rights of use and appropriation; certificate; time limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 538.440 — OR Code / Title 45 / Chapter 538 / Section 538.440
538.440 Bend
Status: in_force

Whenever the City of Bend, Deschutes County, shall have acquired the right to appropriate or use from the Deschutes River at least 11 cubic feet per second of water for delivery into the feed canal belonging to Deschutes County Municipal Improvement District, which feed canal is now supplied from the Deschutes River at a diversion located in or near Bend, then the city may take from the direct flow of Tumalo Creek, in Deschutes County, not to exceed 11 cubic feet per second of water for providing a supply of water for domestic and municipal purposes; provided, however, that should the waters of the Deschutes River so acquired for the purpose of the exchange be appurtenant to lands calling for a different point of diversion, the place of use and point of diversion of the water may be changed to meet the requirements of this section.

Source: Section 538.440 — Bend; right to waters of Tumalo Creek , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 543.250 — OR Code / Title 45 / Chapter 543 / Section 543.250
543.250 Permit
Status: in_force

A preliminary permit may be issued for a period not exceeding a total of three years. It shall not be transferable except upon written approval of the Water Resources Commission, and may be canceled by order of the commission at any time upon proof to the commission’s satisfaction, after hearing, that the holder is not in good faith complying with the provisions of the permit. The holder of a preliminary permit which has not been canceled shall have priority of right to make application for a license covering the project for which the preliminary permit was issued, within the term of the permit or any lawful extension thereof. Except as otherwise specified in ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , the commission may fix the terms and conditions of any preliminary permit issued thereunder, and each preliminary permit issued shall set forth all the terms and conditions. The commission may decline to grant any application for a preliminary permit. [Amended by 1985 c.673 §149; 1993 c.63 §1]

Source: Section 543.250 — Permit; duration; transfer; cancellation; priority; terms and conditions; denial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.571 — OR Code / Title 45 / Chapter 545 / Section 545.571
545.571 Notice of determination
Status: in_force

The board of directors shall give notice by publication of the preliminary determination provided for in ORS 545.567 (Determination of liability for assessment to pay bonds) , once a week for four successive weeks in a newspaper published in each county in which the district lands are situated. The board shall also post a notice in three public places in the district at least 30 days prior to the date of hearing. The notice shall state:

(1) The time and place for hearing objections or remonstrances and entertaining suggestions as to the proposed assessment;

(2) The proposed determination of the benefits accruing from the existing or proposed improvement;

(3) The place where the record of the determination may be inspected; and

(4) That upon conclusion of the hearing the board will by resolution determine the proper assessment to be charged against each legal subdivision or other described tract if held in separate ownership and the total benefit accruing from the existing or proposed improvement to each legal subdivision or other described tract, but will exclude from the determination of benefits any benefits to accrue from the future operation and maintenance of the improvement. [Formerly 545.248]

Source: Section 545.571 — Notice of determination; publication; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543.050 — OR Code / Title 45 / Chapter 543 / Section 543.050
543.050 Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records
Status: in_force

The Water Resources Commission may:

(1) Issue preliminary permits, as provided in ORS 543.210 (Preliminary permits) to 543.250 (Permit) , to any person qualified to become a licensee.

(2) Issue licenses, as provided in ORS 543.260 (Licenses) , to citizens of the United States, associations of citizens, or private corporations organized under the laws of the United States or any state of the United States, to appropriate, initiate, perfect, acquire and hold the right to the use of waters within the state, including waters over which the state has concurrent jurisdiction, and to construct, operate and maintain dams, reservoirs, power houses, conduits, transmission lines, and all other works and structures necessary or convenient for the use of the waters in the generation and utilization of electricity.

(3) Conduct investigations and collect information the commission considers necessary or useful for the purposes of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) and cooperate with the federal government and adjoining states concerning all such matters, particularly with reference to waters forming the boundary between this state and another state.

(4) Prescribe the forms of all accounts, records and memoranda to be kept by licensees under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) .

(5) Examine at any time all accounts, books of account and documents and data related to the business of a licensee under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) ; and require a licensee to submit, whenever required by the commission, reports and statements under oath containing information as to assets, liabilities, capitalization, gross receipts, interest and dividend requirements, interest due and paid, amortization and other reserves, net investment, cost of any project constructed, maintained or operated, in whole or in part, cost of maintenance, operation, renewals, replacements, cost of production, transmission, distribution and sale of electricity, and other data as the commission may require.

(6) Perform all acts, exercise all powers and issue all orders which, in the judgment and discretion of the commission, are necessary to effectuate the purposes of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) . [Amended by 1955 c.673 §3; 1955 c.707 §39; 1961 c.224 §13; 1985 c.673 §140; 1995 c.229 §3]

Source: Section 543.050 — Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 554.380 — OR Code / Title 45 / Chapter 554 / Section 554.380
554.380 Articles of incorporation for corporation formed from dissolved district
Status: in_force

(1) After the vote held under ORS 554.375 (Dissolution of district and reorganization as corporation) and the delivery of a certified copy of the order proclaiming the results of the vote to the Secretary of State, the board of supervisors or the advisory board of the district shall proceed with the organization of a corporation for drainage or for flood control under this chapter. The corporation shall be organized as provided in this chapter except as provided otherwise in this section.

(2) The articles of incorporation filed by the board of supervisors or the advisory board of the district shall be as specified in ORS 554.040 (Contents of articles) except that:

(a) The articles shall declare that the corporation is organized for the purpose of draining land or for the purpose of protecting land by flood control or for both drainage and flood control. If the reorganizing district is also providing water for irrigation or other authorized purposes, the articles shall also contain such purposes.

(b) The articles shall state that the board of supervisors or the advisory board of the district being reorganized are the directors of the corporation and shall hold office until the dates on which their terms of office as supervisors or members of the advisory board of the district would have expired.

(c) The articles shall specify that the corporation is a successor corporation to a drainage district under ORS chapter 547 or a diking district under ORS chapter 551 and that the name assumed by the corporation shall be the same as the district being reorganized except that the words “improvement company” shall be substituted for the word “district.”

(d) The articles shall declare that the corporation is not formed for the purpose of operating the corporation for profit other than from the benefits of improvement of the land for which the corporation is formed.

(e) The articles shall declare that the lands to be improved by the works of the corporation are the same lands formerly included within the boundaries of the district being reorganized. In lieu of describing such lands as provided in ORS 554.040 (Contents of articles) (3), the lands may be identified by assessor’s map number with a map or maps attached showing the location and identification thereon of the lands.

(f) The articles shall specify that the corporation shall:

(A) If formed for the purpose of draining land, continue operation and maintenance of the district’s existing drainage works and any other works authorized under ORS 547.320 (Powers of districts regarding irrigation works) and 547.325 (Powers of districts under 1,000 acres regarding domestic water supply) ; or

(B) If formed for the purpose of protecting land by flood control, provide maintenance of the district’s existing flood control works or any other works authorized under ORS chapter 551.

(g) The articles shall declare that the corporation assumes all of the rights, duties and obligations legally incurred under contracts, covenants, other agreements, leases and business transactions entered into or begun before the date of dissolution of the district being reorganized and dissolved.

(3) Every owner of land described in the articles of incorporation of the reorganizing district is a member of the corporation.

(4) Notwithstanding any other law, the corporation formed under this section shall assume all debts and obligations of the dissolving district and may impose charges or assessments for the debts and obligations and for operational costs without the execution and recording of the landowners’ notice under ORS 554.180 (Landowners’ notice) . All lands subject to liens and encumbrances for such debts and obligations shall remain subject to the liens and encumbrances. A landowners’ notice encumbering land for any new nonoperational debt shall require the consent of landowners representing two-thirds of the lands in the district. [1993 c.502 §2; 2013 c.284 §10]

Source: Section 554.380 — Articles of incorporation for corporation formed from dissolved district; required provisions; membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 539.010 — OR Code / Title 45 / Chapter 539 / Section 539.010
539.010 Protection of water rights vested or initiated prior to February 24, 1909
Status: reserved

(1) Actual application of water to beneficial use prior to February 24, 1909, by or under authority of any riparian proprietor or the predecessors in interest of the riparian proprietor, shall be deemed to create in the riparian proprietor a vested right to the extent of the actual application to beneficial use, provided such use has not been abandoned for a continuous period of two years.

(2) Where any riparian proprietor, or any person under authority of any riparian proprietor or the predecessor in interest of the riparian proprietor, was, on February 24, 1909, engaged in good faith in the construction of works for the application of water to a beneficial use, the right to take and use such water shall be deemed vested in the riparian proprietor, provided that the works were completed and the water devoted to a beneficial use within a reasonable time after February 24, 1909. The Water Resources Director, in the manner provided in subsection (5) of this section, may determine the time within which the water shall be devoted to a beneficial use. The right to water shall be limited to the quantity actually applied to a beneficial use within the time so fixed by the director.

(3) Nothing contained in the Water Rights Act, as defined in ORS 537.010 (Definition of “Water Rights Act.”) , shall affect relative priorities to the use of water among parties to any decree of the courts rendered in causes determined or pending prior to February 24, 1909.

(4) The right of any person to take and use water may not be impaired or affected by any provisions of the Water Rights Act, as defined in ORS 537.010 (Definition of “Water Rights Act.”) , where appropriations were initiated prior to February 24, 1909, and such appropriators, their heirs, successors or assigns did, in good faith and in compliance with the laws then existing, commence the construction of works for the application of the water so appropriated to a beneficial use, and thereafter prosecuted such work diligently and continuously to completion. However, all such rights shall be adjudicated in the manner provided in this chapter.

(5) The director shall, for good cause shown upon the application of any appropriator or user of water under an appropriation of water made prior to February 24, 1909, or in the cases mentioned in subsections (2) and (4) of this section, where actual construction work was commenced prior to that time or within the time provided in law then existing, prescribe the time within which the full amount of the water appropriated shall be applied to a beneficial use. In determining said time the director shall grant a reasonable time after the construction of the works or canal or ditch used for the diversion of the water, and in doing so, the director shall take into consideration the cost of the appropriation and application of the water to a beneficial purpose, the good faith of the appropriator, the market for water or power to be supplied, the present demands therefor and the income or use that may be required to provide fair and reasonable returns upon the investment. For good cause shown the director may extend the time.

(6) Where appropriations of water attempted before February 24, 1909, were undertaken in good faith, and the work of construction or improvement thereunder was in good faith commenced and diligently prosecuted, such appropriations may not be set aside or voided in proceedings under this chapter because of any irregularity or insufficiency of the notice by law, or in the manner of posting, recording or publication thereof.

(7) In any proceeding to adjudicate water rights under this chapter, the Water Resources Department may adjudicate federal reserved rights for the water necessary to fulfill the primary purpose of the reservation or any federal water right not acquired under ORS chapter 537 or ORS 540.510 (Appurtenancy of water to premises) to 540.530 (Order authorizing change of use, place of use or point of diversion) .

(8) All rights granted or declared by the Water Rights Act, as defined in ORS 537.010 (Definition of “Water Rights Act.”) , shall be adjudicated and determined in the manner and by the tribunals provided therein. The Water Rights Act may not be held to bestow upon any person any riparian rights where no such rights existed prior to February 24, 1909. [Amended by 1989 c.691 §6; 1993 c.157 §1; 2021 c.97 §65]

Source: Section 539.010 — Protection of water rights vested or initiated prior to February 24, 1909 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 548.340 — OR Code / Title 45 / Chapter 548 / Section 548.340
548.340 Contents of petition
Status: in_force

The petition shall set forth the plan for refunding and compromising the indebtedness and shall further recite what percentage in amount of the holders of the evidences of indebtedness to be refunded or retired have filed their written consent to the proposed plan, which percentage shall not be less than 90 percent, and shall further set forth what steps have been taken to obtain the consent of all nonconsenting holders of the evidences of indebtedness. The petition shall also state the name and place of residence of all of the holders of the evidences of indebtedness who are known to the district, and shall show that diligent efforts have been made to ascertain the names and residences of all the holders.

Source: Section 548.340 — Contents of petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 542.510 — OR Code / Title 45 / Chapter 542 / Section 542.510
542.510 Oregon-California Goose Lake Interstate Compact ratified
Status: in_force

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Oregon-California Goose Lake Interstate Compact as set out in ORS 542.520 (Oregon-California Goose Lake Interstate Compact) . The provisions of the compact are declared to be the laws of this state at such time as the compact becomes effective as provided in subsection (2) of this section.

(2) The compact becomes effective when it has been ratified by the legislatures of the States of Oregon and California and has been consented to by the Congress of the United States as provided in Article VII of the compact. [1963 c.473 §1]

Note: The Oregon-California Goose Lake Interstate Compact became effective on July 2, 1984. The compact was ratified by the State of Oregon by chapter 473, Oregon Laws 1963 (signed by Governor on June 6, 1963). The compact was ratified by the State of California by chapter 1059, California Statutes 1963 (signed by Governor on June 28, 1963). The Congress of the United States consented to the compact by Public Law 98-334, 98th Congress (signed by President on July 2, 1984).

Source: Section 542.510 — Oregon-California Goose Lake Interstate Compact ratified; when effective , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 541.130 — OR Code / Title 45 / Chapter 541 / Section 541.130
541.130 Right of way for ditches across state lands
Status: in_force

The right of way to the extent specified in the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the ditches, canals, flumes, pipelines, distributing ditches, and feeders of any person appropriating water under the provisions of that Act, across any and all lands belonging to the State of Oregon and not under contract of sale, is granted.

Source: Section 541.130 — Right of way for ditches across state lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.897 — OR Code / Title 45 / Chapter 537 / Section 537.897
537.897 Records of purchases from water suppliers
Status: in_force

(1) A person that purchases water from a water supplier at a distribution location to be hauled for irrigation or nursery purposes shall:

(a) Keep records of:

(A) The date and location of the purchase.

(B) The date on which the water is delivered.

(C) If hauling water for another person, the name and contact information of the person to whom the water will be delivered and the date of the delivery.

(D) The quantity of the water.

(E) The intended use of the water, including the type of plant for which the water is intended to be used.

(F) The location at which the water is used.

(b) Retain the records for at least 12 months after the water is delivered to the location of use.

(c) Upon request by law enforcement or the Water Resources Department, immediately provide the records.

(2) The Water Resources Commission may adopt rules to implement this section. [2022 c.52 §2]

Note: See note under 537.896 (Water supplier records) .

Note: Section 3, chapter 52, Oregon Laws 2022, provides:

Sec. 3. As soon as practicable after the effective date of this 2022 Act [June 3, 2022], the Oregon Liquor and Cannabis Commission, the State Department of Agriculture and the Water Resources Department shall make reasonable attempts to provide notice of the requirements described in section 2 of this 2022 Act [ 537.897 (Records of purchases from water suppliers) ] to potentially interested persons. [2022 c.52 §3]

Source: Section 537.897 — Records of purchases from water suppliers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 539.180 — OR Code / Title 45 / Chapter 539 / Section 539.180
539.180 Bond or irrevocable letter of credit to stay operation of director’s determination
Status: in_force

At any time after the determination of the Water Resources Director has been entered of record, the operation thereof may be stayed in whole or in part by any party by filing a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) in the circuit court wherein the determination is pending, in such amount as the judge may prescribe, conditioned that the party will pay all damages that may accrue by reason of the determination not being enforced. Upon the filing and approval of the bond or letter of credit, the clerk of the circuit court shall transmit to the Water Resources Department a certified copy of the bond or letter of credit, which shall be recorded in the department records, and the department shall give notice thereof to the watermaster of the proper district. [Amended by 1991 c.102 §10; 1991 c.331 §79; 1997 c.631 §486]

Source: Section 539.180 — Bond or irrevocable letter of credit to stay operation of director’s determination; notice to watermaster , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 553.110 — OR Code / Title 45 / Chapter 553 / Section 553.110
553.110 Vested water rights
Status: in_force

(1) This chapter shall not be construed to affect, amend or repeal any other law of Oregon or to affect or impair the vested rights of any person or public body as defined in ORS 174.109 (“Public body” defined) , to the use of water or rights in the use of water.

(2) No lands located within the boundaries of any city, irrigation district or drainage district shall be included within the boundaries of a water control district without the consent of the city or district.

(3) No lands publicly owned and no lands of any railroad, public utility or telecommunications utility shall be assessed without the consent of the owner thereof. [Amended by 1987 c.447 §133; 2003 c.802 §140]

Source: Section 553.110 — Vested water rights; inclusion of land in district or assessment; consent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 541.673 — OR Code / Title 45 / Chapter 541 / Section 541.673
541.673 Evaluation for public benefits of project
Status: in_force

(1) Projects applying under ORS 541.669 (Scoring and ranking of projects) for funding from the Water Supply Development Account shall be evaluated based upon the public benefits of the project. The evaluation must consider both positive and negative effects of a project. The three categories of public benefit to be considered in the project evaluation are economic benefits, environmental benefits and social or cultural benefits. Each category of benefits shall be given equal importance in the evaluation of a project. The technical review team described in ORS 541.669 (Scoring and ranking of projects) shall use the evaluation system to assign initial scores and rankings to projects. The Water Resources Commission shall use the evaluation system to assign final scorings and rankings to the projects. The commission shall award loan and grant funding from the account to the projects that have the greatest public benefit and will best achieve the outcomes described in ORS 541.677 (Target outcomes for scoring and ranking criteria) .

(2) The evaluation of economic benefits for a project shall be based on the changes in economic conditions expected to result from the project, including but not limited to conditions related to:

(a) Job creation or retention;

(b) Increases in economic activity;

(c) Increases in efficiency or innovation;

(d) Enhancement of infrastructure, farmland, public resource lands, industrial lands, commercial lands or lands having other key uses;

(e) Enhanced economic value associated with tourism or recreational or commercial fishing, with fisheries involving native fish of cultural significance to Indian tribes or with other economic values resulting from restoring or protecting water in-stream; and

(f) Increases in irrigated land for agriculture.

(3) The evaluation of environmental benefits for a project shall be based on the changes in environmental conditions expected to result from the project, including but not limited to conditions related to:

(a) A measurable improvement in protected streamflows that:

(A) Supports the natural hydrograph;

(B) Improves floodplain function;

(C) Supports state or federally listed sensitive, threatened or endangered fish species;

(D) Supports native fish species of cultural importance to Indian tribes; or

(E) Supports riparian habitat important for wildlife;

(b) A measurable improvement in ground water levels that enhances environmental conditions in ground water restricted areas or other areas;

(c) A measurable improvement in the quality of surface water or ground water;

(d) Water conservation;

(e) Increased ecosystem resiliency to climate change impacts; and

(f) Improvements that address one or more limiting ecological factors in the project watershed.

(4) The evaluation of the social or cultural benefits for a project shall be based on the changes in social or cultural conditions expected to result from the project, including but not limited to conditions related to:

(a) The promotion of public health and safety and of local food systems;

(b) A measurable improvement in conditions for members of minority or low-income communities, economically distressed rural communities, tribal communities or other communities traditionally underrepresented in public processes;

(c) The promotion of recreation and scenic values;

(d) Contribution to the body of scientific data publicly available in this state;

(e) The promotion of state or local priorities, including but not limited to the restoration and protection of native fish species of cultural significance to Indian tribes; and

(f) The promotion of collaborative basin planning efforts, including but not limited to efforts under the state integrated water resources strategy. [2013 c.784 §8]

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

Source: Section 541.673 — Evaluation for public benefits of project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.410 — OR Code / Title 45 / Chapter 540 / Section 540.410
540.410 Delivery of reservoir water
Status: in_force

Whenever the owner, manager or lessee of a reservoir constructed under the provisions of the Water Rights Act, as defined in ORS 537.010 (Definition of “Water Rights Act.”) , desires to use the bed of a stream, or other watercourse, to carry stored or impounded water from the reservoir to the consumer of the water, the owner, manager or lessee shall, in writing, notify the watermaster of the district in which the stored or impounded water from the reservoir is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume, and the names of all persons and ditches entitled to its use. The watermaster shall then close, or so adjust the headgates of all ditches from the stream or watercourse, not entitled to the use of such stored water, as will enable those having the right to secure the volume to which they are entitled. The watermaster shall keep a true and just account of the time spent in the discharge of the watermaster’s duties as defined in this section, and the Water Resources Commission shall present a bill of one-half the expense so incurred to the reservoir owner, manager or lessee. If the owner, manager or lessee neglects for 30 days, after presentation of the bill of costs, to pay it, the costs shall be made a charge upon the reservoir and the state shall have a preference lien therefor. 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. [Amended by 1955 c.39 §1; 1961 c.636 §7; 1985 c.673 §93]

Source: Section 540.410 — Delivery of reservoir water; notice to watermaster; adjustment of headgates; expenses; payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.505 — OR Code / Title 45 / Chapter 547 / Section 547.505
547.505 Recording of crop lien claim by clerk
Status: in_force

The county clerk shall record the claim in a book kept for that purpose. The record shall be indexed as the record of chattel mortgages is kept and indexed.

Source: Section 547.505 — Recording of crop lien claim by clerk; indexing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.045 — OR Code / Title 45 / Chapter 540 / Section 540.045
540.045 Watermaster duties
Status: in_force

(1) Each watermaster shall:

(a) Regulate the distribution of water among the various users of water from any natural surface or ground water supply in accordance with the users’ existing water rights of record in the Water Resources Department.

(b) Upon the request of the users, distribute water among the various users under any partnership ditch, pipeline or well or from any reservoir, in accordance with the users’ existing water rights of record in the department.

(c) Divide the waters of the natural surface and ground water sources and other sources of water supply among the canals, ditches, pumps, pipelines and reservoirs taking water from the source for beneficial use, by regulating, adjusting and fastening the headgates, valves or other control works at the several points of diversion of surface water or the several points of appropriation of ground water, according to the users’ relative entitlements to water.

(d) Attach to the headgate, valve or other control works the watermaster regulates under paragraph (c) of this subsection, a written notice dated and signed by the watermaster, setting forth that the headgate, valve or other control works has been properly regulated and is wholly under the control of the watermaster.

(e) Perform any other duties the Water Resources Director may require.

(2) When a watermaster must rely on a well log or other documentation to regulate the use or distribution of ground water, the regulation shall be in accordance with ORS 537.545 (Exempt uses) (4).

(3) For purposes of regulating the distribution or use of water, any stored water released in excess of the needs of water rights calling on that stored water shall be considered natural flow, unless the release is part of a water exchange under the control of, and approved by, the watermaster.

(4) As used in this section, “existing water rights of record” includes all completed permits, certificates, licenses and ground water registration statements filed under ORS 537.605 (Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595) and related court decrees. [1985 c.421 §3; 1989 c.691 §15; 1991 c.102 §11; 1993 c.157 §5; 1995 c.673 §3; 2009 c.819 §3]

Source: Section 540.045 — Watermaster duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 552.830 — OR Code / Title 45 / Chapter 552 / Section 552.830
552.830 Date of election on dissolution of district
Status: in_force

An election on dissolution may be held only on the same date as the regular district election. [1969 c.606 §52; 1971 c.727 §169; 1983 c.350 §306]

Source: Section 552.830 — Date of election on dissolution of district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 547.615 — OR Code / Title 45 / Chapter 547 / Section 547.615
547.615 Tax for payment of interest and principal
Status: in_force

The board of trustees shall cause to be assessed and levied each year upon the assessable property of the district, in addition to the levy authorized for other purposes, a sufficient sum to pay the interest on outstanding bonds issued in conformity with the provisions of ORS 547.605 (Funding and refunding of debt) to 547.620 (Retirement of outstanding bonds) , accruing before the next annual levy, and such proportion of the principal as in their judgment will be for the best interests of the district, to create and raise a sinking fund to retire the bonds and to be used for no other purpose whatever. [Amended by 1969 c.694 §42; 2001 c.215 §24]

Source: Section 547.615 — Tax for payment of interest and principal; sinking fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 558.052 — OR Code / Title 45 / Chapter 558 / Section 558.052
558.052 Requirements for bonds used to meet financial responsibility
Status: in_force

A bond used to comply with financial responsibility requirements under ORS 558.050 (Proof of financial responsibility) must meet all of the following requirements:

(1) The bond must be in the amount required by ORS 558.050 (Proof of financial responsibility) .

(2) The bond must be approved by a judge of a court of record in this state.

(3) The bond must contain a provision that it cannot be canceled except upon the giving of 10 days’ prior written notice to the State Department of Agriculture.

(4) The bond must be provided by either of the following:

(a) A surety company.

(b) Two persons who are residents of Oregon and who each own real property in this state having together equities at least of the value required for the bond under ORS 558.050 (Proof of financial responsibility) .

(5) If the bond is provided by real property owners in this state, the bond must contain a schedule of the real property owned by each of the sureties that will be used to meet the financial responsibility requirements of this state.

(6) The bond must be conditioned to pay, on behalf of the principal, the limits of financial responsibility requirements under ORS 558.050 (Proof of financial responsibility) .

(7) The bond must be conditioned to pay, on behalf of the principal, judgments against a person for accidents described in ORS 558.050 (Proof of financial responsibility) and must be subject to action under ORS 558.053 (Judgment against principal on bond) .

(8) The bond is subject to any rules adopted by the department relating to such bonds. [2003 c.175 §15]

Source: Section 558.052 — Requirements for bonds used to meet financial responsibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 548.325 — OR Code / Title 45 / Chapter 548 / Section 548.325
548.325 Charges or assessments
Status: in_force

In addition to the annual charges or assessments provided for in ORS 548.315 (Issuance of bonds) , and in addition to the charges or assessments authorized by law for the maintenance and operation of drainage and irrigation districts, such contract may provide that the board shall impose an annual charge not to exceed 50 cents per acre upon each acre in the district. All moneys received from the charge shall be placed by the treasurer of the district in a fund to be designated as the “emergency fund.” The emergency fund shall be used for supplementing the bond fund in case of deficiency due to accident, delinquency or other contingencies. The fund shall be disbursed by the treasurer upon the order of the board. [Amended by 1989 c.182 §32; 1991 c.459 §426a; 1997 c.170 §54]

Source: Section 548.325 — Charges or assessments; emergency fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 545.617 — OR Code / Title 45 / Chapter 545 / Section 545.617
545.617 Sale of land for delinquent assessments
Status: in_force

The district shall appear as a bidder at the sale of any lands for delinquent assessments made under ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) , and may purchase and take title to the lands and dispose of them like any other purchaser. On any sale by the district, the proceeds from the sale, after the payment of expenses of the sale, shall be paid into the emergency fund. When at a tax sale there is no other bidder for the full amount of the delinquency, including interest and penalties, the district shall bid and buy in the land to protect its assessments. However, the district shall never bid or pay a greater sum than the total of all assessments levied under ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) with interest and penalties, and delinquent general taxes. [Formerly 545.272]

Source: Section 545.617 — Sale of land for delinquent assessments; district as purchaser; payment of proceeds into emergency fund; purchase price paid by district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.171 — OR Code / Title 45 / Chapter 545 / Section 545.171
545.171 Election precincts in divisions
Status: in_force

For the purpose of elections in such district, the board of directors must establish a convenient number of election precincts in the divisions and define the boundaries of the precincts. An entire subdivision of a district may be designated as a single election precinct. For purposes of conducting an election, the board may designate a place that is within a precinct, at the district office or at any other location within the district as the place where the election is to be held. The precincts may be changed from time to time as the board considers necessary. [Formerly 545.628; 1999 c.452 §18]

Source: Section 545.171 — Election precincts in divisions; alteration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 551.180 — OR Code / Title 45 / Chapter 551 / Section 551.180
551.180 Dissolution conditions and procedure
Status: in_force

(1) A diking district may be dissolved in accordance with ORS 198.920 (Dissolution procedure) to 198.955 (Disposition of assets) if:

(a) Either an existing drainage district formed under ORS chapter 547 or an existing water control district formed under ORS chapter 553 agrees to continue to provide operation and maintenance of the levees and perform other flood control and related works and improvements to the inhabitants of the diking district;

(b) Any other sponsoring governmental agency to which the district owes an obligation under a contract or agreement consents to the dissolution and turnover to the successor district; and

(c) The dissolving district has no outstanding indebtedness.

(2) The dissolution may be initiated by the board of county commissioners of the county in which the district is located notwithstanding the provisions of ORS 198.920 (Dissolution procedure) (1)(c)(A). If the proposal meets all the conditions described by subsection (1) of this section, the board of county commissioners shall dispense with the election required by ORS 198.935 (Election on dissolution) . [1973 c.665 §2; 2011 c.9 §75]

Source: Section 551.180 — Dissolution conditions and procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 540.650 — OR Code / Title 45 / Chapter 540 / Section 540.650
540.650 Issuance of new water right certificate for water rights not canceled
Status: in_force

If the order of the Water Resources Commission or the final decree on the appeal therefrom under ORS 540.641 (Protest of cancellation) cancels in part or modifies the water right, that portion of the water right not canceled or continued as modified shall be reaffirmed by a new water right certificate issued by the commission. Such certificate shall be of the same character as that described in ORS 539.140 (Water right certificates) . The certificate shall be recorded and transmitted to the owner of the water right as provided in ORS 539.140 (Water right certificates) . [1955 c.670 §4; 1979 c.67 §6; 1985 c.673 §99]

Source: Section 540.650 — Issuance of new water right certificate for water rights not canceled , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 551.110 — OR Code / Title 45 / Chapter 551 / Section 551.110
551.110 Deposit of district funds
Status: in_force

Moneys of a district may be deposited in accordance with ORS 295.001 (Definitions for ORS 295.001 to 295.108) to 295.108 (State Treasurer rules) and as designated by the superintendent of the district in consultation with the advisory board. Moneys deposited may be withdrawn or paid out only upon a proper order and warrant or upon a check signed by the superintendent. The order shall:

(1) Specify the name of the person to whom the moneys are to be paid;

(2) Specify the fund from which the moneys are to be paid;

(3) State generally the purpose for which the moneys are to be paid; and

(4) Be entered in the record of proceedings of landowner meetings. [Amended by 2001 c.497 §2; 2019 c.587 §45]

Source: Section 551.110 — Deposit of district funds; payment of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 536.050 — OR Code / Title 45 / Chapter 536 / Section 536.050
536.050 Fees
Status: in_force

(1) The Water Resources Department may collect the following fees in advance:

(a) For examining an application for a permit:

(A) To appropriate water, except as provided under ORS 543.280 (Fee payments by licensee) for an application for a hydroelectric project:

(i) A base fee of $1,090 for an appropriation of water through a single use, point of diversion or point of appropriation;

(ii) $410 for the first second-foot or fraction thereof appropriated under the permit;

(iii) $410 for each additional second-foot or fraction thereof appropriated under the permit;

(iv) $410 for each additional use, point of diversion or point of appropriation included in the application;

(v) If appropriating stored water, $41 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.40 for each additional acre-foot or fraction thereof; and

(vi) If appropriating ground water, in addition to any other fees, $480 for each application filed.

(B) To store water under ORS 537.400 (Reservoir permits) or 537.534 (Rules for permitting and administering aquifer storage and recovery projects) (4):

(i) A base fee of $1,090;

(ii) $41 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.40 for each additional acre-foot or fraction thereof; and

(iii) $160 for each additional storage location.

(C) To exclusively appropriate stored water:

(i) A base fee of $610; and

(ii) $41 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.40 for each additional acre-foot or fraction thereof.

(b) For a permit issued under ORS 537.147 (Permit to use stored water) , 537.211 (Issuance of permit if application approved) , 537.409 (Alternate permit application process for qualifying reservoirs) or 537.625 (Final order) to appropriate or store water:

(A) A base fee of $610 for recording the permit; and

(B) An additional fee of $790 if the permit is issued pursuant to a final order that contains provisions requested by the applicant for mitigating impacts to the proposed water source.

(c) For filing and recording the assignment or partial assignment of a water right application, permit or license under ORS 537.220 (Assignment of application, permit or license) or 537.635 (Assignment of application, certificate of registration or permit) , $120.

(d) For copying records in the department, $2.70 for the first page and 70 cents for each additional page.

(e) For certifying copies, documents, records or maps, $14 for each certificate.

(f) For a blueprint copy of any map or drawing, the actual cost of the work.

(g) For a computer-generated map, the actual cost of the work.

(h) For examining an application for approval of a change to an existing water right or permit:

(A) A base fee of $1,360 for a change to a single water right or permit;

(B) $1,090 for each additional type of change requested;

(C) For a request for a change in place of use or type of use or for a water exchange under ORS 540.533 (Application for exchange of water) , $410 for each second-foot or fraction thereof requested beyond the first second-foot;

(D) $610 for each additional water right or permit included in the application;

(E) An additional fee of $480 per application, if the application is for an additional point of appropriation, a change in a point of appropriation or a change from surface water to ground water or for substitution as described in ORS 540.524 (Substitution of supplemental water right from ground water source for primary water right from surface water source) ; and

(F) $410 for each additional point of appropriation included in the application.

(i) For examining an application for a temporary change in place of use under ORS 540.523 (Temporary transfer of water right or permit) , for a temporary transfer under ORS 540.585 (Temporary transfers within Deschutes River Basin) or for a temporary change in place of use, a change in the point of diversion to allow for the appropriation of ground water or a change of a primary right to a supplemental right under ORS 540.570 (Temporary transfers within districts) , a base fee of $950 for the first water right or permit, plus $310 for each additional water right or permit included in the application and:

(A) For nonirrigation uses, $230 for each second-foot or fraction thereof requested beyond the first second-foot; or

(B) For irrigation uses, $2.70 per acre of land irrigated or, if the application and required map are submitted to the department in a department-approved digital format, 70 cents per acre of land irrigated.

(j) For submitting a protest to the department:

(A) $950 if the protest is by a nonapplicant; and

(B) $480 if the protest is by an applicant.

(k) For filing an application for extension of time within which irrigation or other works shall be completed or a water right perfected, $780.

(L) For a limited license under ORS 537.143 (Limited license to use or store surface or ground water or to use stored water) or 537.534 (Rules for permitting and administering aquifer storage and recovery projects) (2), the fee established by rule by the Water Resources Commission.

(m) For filing, examining and certifying a petition under ORS 541.329 (Petition for approval of district map) , $480 plus 10 cents per acre of water involved in the application. For purposes of computing this fee, when any acreage within a quarter quarter of a section is involved, the 10 cents per acre shall apply to all acres in that quarter quarter of a section. Notwithstanding the fee amount established in this paragraph, a district notifying the department under ORS 541.327 (Failure or refusal of district to act) (4) shall pay the actual cost of filing, examining and certifying the petition.

(n) For requesting standing under ORS 537.153 (Review of application) , 537.621 (Review of application) or 543A.120 (Proposed final order) , $270.

(o) For participating in a contested case proceeding under ORS 537.170 (Contested case hearing on application) , 537.622 (Contested case hearing) or 543A.130 (Contested case hearing) , $680.

(p) Except for an applicant, for obtaining a copy of both a proposed final order and a final order for a water right application under ORS 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit) , 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) or 543A.005 (Definitions) to 543A.300 (Decommissioning) or an extension issued under ORS 537.230 (Time allowed for construction of irrigation or other work) , 537.248 (Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right) or 537.630 (Time allowed for construction work under permit) , $35.

(q) For examining an application to store water under ORS 537.409 (Alternate permit application process for qualifying reservoirs) :

(A) A base fee of $480; and

(B) $41 for each acre-foot or fraction thereof.

(r) For submitting a notice of intent under ORS 543A.030 (Notice of intent) or 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) , the amount established by the Water Resources Director under ORS 543A.410 (Fee schedule) .

(s) For examining an application for a substitution made under ORS 540.524 (Substitution of supplemental water right from ground water source for primary water right from surface water source) :

(A) A base fee of $990 for the first well substitution; and

(B) A fee of $480 for each additional well substitution.

(t) For examining an application for an allocation of conserved water under ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) :

(A) A base fee of $1,360 for the first water right that is part of the allocation; and

(B) An additional fee of $480 for each water right that is part of the allocation beyond the first water right.

(u) For submitting a water management and conservation plan pursuant to rules of the commission:

(A) $680, if the plan is submitted by an agricultural water supplier;

(B) $1,220, if the plan is submitted by a municipal water supplier serving a population of 1,000 or fewer persons; or

(C) $2,450, if the plan is submitted by a municipal water supplier serving a population of more than 1,000 persons.

(v) For examining a new application for an in-stream water right lease under ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) :

(A) $610 for an application for a lease with four or more landowners or four or more water rights; or

(B) $410 for all other applications.

(w) For examining an application for an in-stream water right lease renewal, $150.

(x) For submitting a claim of beneficial use under a permit or transfer having a priority date of July 9, 1987, or later, $230.

(y) For submitting a request no later than 60 days after cancellation of a permit under ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation) to reinstate the permit, $610.

(z) For submitting a request for a basin program exception under ORS 536.295 (Conditions for consideration of application for use not classified in basin program) , $780.

(aa) For processing an application under ORS 537.225 (Full or partial assignment of water right permit) for an assignment of water right to one or more landowners and issuance of replacement water right permits, the actual cost of the work.

(2) Intentionally left blank —Ed.

(a) The department may charge a dam owner an annual fee based upon the dam’s hazard rating as determined by the department. The fees the department may charge the dam owner are:

(A) $120 for a dam with a low hazard rating.

(B) $230 for a dam with a significant hazard rating.

(C) $790 for a dam with a high hazard rating.

(D) If the dam owner fails to pay an annual fee on or before six months after the billing date, a late fee of $140.

(b) If a dam owner fails to pay an annual fee or a late fee charged by the department, the department may, after giving the dam owner notice by certified mail, place a lien on the real property where the dam is located for the fees owed by the dam owner.

(3) Notwithstanding the fees established under subsection (1) of this section, the commission may establish lower examination and permit fees by rule for:

(a) The right to appropriate water for a storage project of five acre-feet or less; or

(b) The right to appropriate water for the purpose of allowing the applicant to water livestock outside of a riparian area, as that term is defined in ORS 541.890 (Definitions for ORS 541.890 to 541.969) .

(4) Intentionally left blank —Ed.

(a) The director may refund all or part of a fee paid to the department under this section if the director determines that a refund of the fee is appropriate in the interests of fairness to the public or necessary to correct an error of the department.

(b) The director may refund all or part of the protest fee described in subsection (1)(j) of this section to the legal owner or occupant who filed a protest under ORS 540.641 (Protest of cancellation) if an order of the Water Resources Commission establishes that all or part of a water right has not been canceled or modified under ORS 540.610 (Use as measure of water right) to 540.650 (Issuance of new water right certificate for water rights not canceled) .

(5) The director may waive all or part of a fee for a change to a water right permit under ORS 537.211 (Issuance of permit if application approved) (4), a change to a water right subject to transfer under ORS 540.520 (Application for change of use, place of use or point of diversion) or 540.523 (Temporary transfer of water right or permit) or an allocation of conserved water under ORS 537.470 (Allocation of conserved water by commission) , if the change or allocation of conserved water is:

(a) Made pursuant to ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) ;

(b) Necessary to complete a project funded under ORS 541.932 (Watershed enhancement project assistance) ; or

(c) Approved by the State Department of Fish and Wildlife as a change or allocation of conserved water that will result in a net benefit to fish and wildlife habitat.

(6) Notwithstanding the fees established pursuant to this section, the commission may adopt by rule reduced fees for persons submitting materials to the department in a digital format approved by the department.

(7) All moneys received under this section, less any amounts refunded under subsection (4) of this section, shall be deposited in the Water Resources Department Water Right Operating Fund.

(8) Notwithstanding subsection (7) of this section, all fees received by the department for power purposes under ORS 543.280 (Fee payments by licensee) shall be deposited in the Water Resources Department Hydroelectric Fund established by ORS 536.015 (Water Resources Department Hydroelectric Fund) . [Amended by 1961 c.187 §3; 1967 c.36 §1; 1973 c.163 §4; 1975 c.581 §21; 1981 c.627 §1; 1983 c.256 §1; 1985 c.673 §12; 1987 c.815 §8; 1989 c.587 §1; 1989 c.758 §1; 1989 c.933 §4; 1989 c.1000 §6; 1991 c.734 §49a; 1991 c.869 §4; 1995 c.416 §1; 1995 c.752 §6; 1997 c.449 §35; 1997 c.587 §1; 1999 c.555 §3; 1999 c.664 §1; 1999 c.665 §1; 1999 c.873 §19; 2003 c.594 §1; 2003 c.691 §4; 2003 c.705 §7; 2005 c.156 §1; 2007 c.188 §1; 2007 c.267 §1; 2009 c.819 §§5,12; 2013 c.166 §§4,5; 2013 c.644 §§1,2; 2017 c.571 §§1,2; 2021 c.515 §1]

Source: Section 536.050 — Fees; rules; refunds; waiver and reduction of certain fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 555.500 — OR Code / Title 45 / Chapter 555 / Section 555.500
555.500 Formation
Status: repealed

(1) Contiguous territory that is not within the corporate boundaries of a city may be formed into, or included in, a sand control district as provided by ORS 555.500 (Formation) to 555.535 (Application of ORS chapter 255) and provisions of ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets) that are not inconsistent with ORS 555.500 (Formation) to 555.535 (Application of ORS chapter 255) .

(2) A sand control district may be created for the purpose of controlling or moving drifting sand within the district or removing drifting sand from within the district. The sand control district may:

(a) Make contracts.

(b) Acquire, hold, receive and dispose of real and personal property.

(c) Sue and be sued.

(d) Exercise the power of eminent domain.

(e) Raise revenue by levying, assessing and collecting taxes on taxable real property within the district under ordinances adopted, amended or repealed under ORS 198.510 (Definitions for ORS 198.510 to 198.600) to 198.600 (Penalty for violation of regulations) .

(f) Take action necessary to carry out the purposes and perform the duties of the district.

(3) Plans and actions of the district must comply with the requirements of county ordinances. [2015 c.560 §1]

Source: Section 555.500 — Formation; purpose; general powers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 537.400 — OR Code / Title 45 / Chapter 537 / Section 537.400
537.400 Reservoir permits
Status: in_force

(1) All applications for reservoir permits shall be subject to the provisions of ORS 537.130 (Permit to appropriate water required) , 537.140 (Application for permit) , 537.142 (Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program) and 537.145 (Notice of filing of application to appropriate water for hydroelectric purposes) to 537.240 (Federal permit) , except that an enumeration of any lands proposed to be irrigated under the Water Rights Act shall not be required in the primary permit. But the party proposing to apply to a beneficial use the water stored in any such reservoir shall file an application for permit, to be known as the secondary permit, in compliance with the provisions of ORS 537.130 (Permit to appropriate water required) , 537.140 (Application for permit) , 537.142 (Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program) and 537.145 (Notice of filing of application to appropriate water for hydroelectric purposes) to 537.240 (Federal permit) . The application shall refer to the reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owners of the reservoir for a sufficient interest in the reservoir to impound enough water for the purposes set forth in the application, that the applicant has provided notice of the application to the operator of the reservoir and, if applicable, that an agreement has been entered into with the entity delivering the stored water. When beneficial use has been completed and perfected under the secondary permit, the Water Resources Department shall take the proof of the water user under the permit. The final certificate of appropriation shall refer to both the ditch described in the secondary permit and the reservoir described in the primary permit.

(2) Whenever application is made for permit to store water in a reservoir or pond for any beneficial use which does not contemplate future diversion of the stored water except by livestock drinking from stock water ponds, the extent of utilization thereof may be included in the reservoir permit and no secondary permit shall be required. However, in cases where water from a stream is required to maintain a reservoir or pond by replacing evaporation and seepage losses, or is required to maintain suitable fresh water conditions for the proposed use and to prevent stagnation, the applicant for permit to store water in such reservoir or pond shall also file an application for permit to appropriate the waters of the stream.

(3) An application submitted to construct a reservoir storing less than 9.2 acre-feet of water or with a dam less than 10 feet in height need not be accompanied by a map prepared by a water right examiner certified under ORS 537.798 (Water right examiner certificate) as required by ORS 537.140 (Application for permit) (4). The map submitted with the application shall comply with standards established by the Water Resources Commission. The survey required under ORS 537.230 (Time allowed for construction of irrigation or other work) shall be prepared by a water right examiner certified under ORS 537.798 (Water right examiner certificate) and shall be submitted to the department before the department issues the water right certificate.

(4) If a dam is subject to approval under ORS 540.449 (Construction plan approval) , the department may issue a final order approving an application on the basis of preliminary examination of the site, plans and specifications, features and other supporting information if the approval includes a condition requiring department approval of final documentation for the site, plans and specifications, features and other supporting information under ORS 540.449 (Construction plan approval) before the permit is issued.

(5) Notwithstanding the provisions of ORS 537.211 (Issuance of permit if application approved) (2), the department may approve an application for a reservoir permit for a dam that is subject to construction plan approval under ORS 540.449 (Construction plan approval) and issue a permit, subject to the condition that before the reservoir may be filled, the permittee shall submit to the department evidence that the permittee owns, or has written authorization or an easement permitting access to, all lands to be inundated by the reservoir. [Formerly 537.300; and then 537.345; 1993 c.557 §3; 1993 c.595 §9; 1995 c.365 §6; 2005 c.37 §3; 2019 c.390 §23]

Source: Section 537.400 — Reservoir permits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.560 — OR Code / Title 45 / Chapter 543 / Section 543.560
543.560 Bond of licensee or letter of credit securing claims of suppliers
Status: in_force

Before entering upon the work of construction or acquisition of any project, the licensee shall execute to the state a bond, with good and sufficient sureties or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , in either case, to be approved by the Water Resources Commission, to the effect that the licensee shall promptly make payment to all persons supplying labor, services, material, machinery or equipment for the prosecution of the work, and all amounts due the State Industrial Accident Fund from the licensee. Any person supplying the licensee with any labor, services, material, machinery or equipment for prosecution of the work who has not been paid therefor within 60 days after the same has been supplied, or when payment is due according to any special agreement, may, within one year after any payment has become due, bring an action against the licensee, and the sureties upon the bond, or the letter of credit issuer for payment of the amount due to the person, and prosecute the same to final judgment and execution. The action shall be brought in the name of the state upon the relation of the person to whom payment is due. The state, at the request of the State Accident Insurance Fund Corporation may prosecute an action to judgment and execution against the licensee and the sureties upon the bond or letter of credit for all sums due the State Industrial Accident Fund. [Amended by 1985 c.673 §162; 1991 c.331 §80; 1997 c.631 §487]

Source: Section 543.560 — Bond of licensee or letter of credit securing claims of suppliers; enforcement of obligation; action for sums due State Accident Insurance Fund Corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).