ORS § 541.331 — OR Code / Title 45 / Chapter 541 / Section 541.331
541.331 Protest against approval of petition
Status: in_force

(1) Any user may file with the Water Resources Department, within 60 days after the date of first publication, under ORS 541.329 (Petition for approval of district map) , a protest against a proposed order approving the petition. Whenever a timely protest is filed or in the opinion of the Water Resources Director a hearing is necessary to determine whether the district has met the requirements of ORS 541.325 (Definitions for ORS 541.327 to 541.333) to 541.333 (Application for change of place of use, point of diversion or use) or the proposed changes described in the proposed order would result in injury to existing water rights, the department shall hold a hearing on the matter. The hearing shall be conducted according to the provisions of ORS chapter 183 applicable to contested cases. The hearing shall be held in the area where the rights are located unless the parties and the persons who filed the protest under this section stipulate otherwise.

(2) If after examination or hearing, the department finds that the district has met the requirements of ORS 541.325 (Definitions for ORS 541.327 to 541.333) to 541.331 (Protest against approval of petition) and that the changes described in the proposed order would not result in injury to existing water rights, the department shall issue a final order approving the petition and map as described in the proposed order. If a water right certificate for the water right has been issued previously, the department shall cancel the previous certificate and issue a new certificate that conforms to the final order and map and retains the original priority date.

(3) A certificate issued under this section shall have 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.

(4) The department may approve for inclusion in a new certificate under ORS 541.329 (Petition for approval of district map) and this section only land which, on July 1, 1993, or, if a district notifies the department under ORS 541.327 (Failure or refusal of district to act) (4), on December 31, 2003, is:

(a) Land within the legal boundaries of the district as those boundaries were originally described or as they may have been changed by legally prescribed inclusion or exclusion proceedings.

(b) Land for which inclusion in the district has been requested previously as prescribed by law.

(c) Land on which a previously perfected water right has been applied beneficially and for which the user has been charged or assessed by the district in at least one of the last five years and for which the user is currently being charged or assessed. [1989 c.1000 §4; 1993 c.818 §4; 1995 c.554 §7; 1999 c.590 §1; 2003 c.691 §3]

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

Source: Section 541.331 — Protest against approval of petition; hearing; issuance of water right certificate; land subject to inclusion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 555.030 — OR Code / Title 45 / Chapter 555 / Section 555.030
555.030 Duties of Water Resources Commission
Status: in_force

The Water Resources Commission, or some authorized assistant, shall:

(1) Have custody of all the records and files under the provisions of ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) to 555.160 (Report of work, expenditures and condition of funds) , which shall be public records and open to inspection by the public during office hours.

(2) Receive and file all proposals for construction of irrigation works to reclaim lands selected under the provisions of ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) to 555.160 (Report of work, expenditures and condition of funds) .

(3) Keep for public inspection maps or plats of all land selected.

(4) Receive entries of settlers on these lands.

(5) Do any and all work necessary in carrying out the provisions of ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) to 555.160 (Report of work, expenditures and condition of funds) . [Amended by 1955 c.707 §68]

Source: Section 555.030 — Duties of Water Resources Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 543a.800 — OR Code / Title 45 / Chapter 543a / Section 543a.800
543A.800 Effect of hydroelectric reauthorization process on existing rights
Status: in_force

(1) Nothing in 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) shall prejudice or alter any rights granted to the state or its agencies under federal law.

(2) Nothing in 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) shall prejudice or alter any rights of an existing federally licensed project to apply for or obtain a new federal license for the project. Nothing in 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) shall be construed to create any preference or priority on behalf of any applicant for a federal license. [1997 c.449 §§42a,45]

Source: Section 543A.800 — Effect of hydroelectric reauthorization process on existing rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 548.940 — OR Code / Title 45 / Chapter 548 / Section 548.940
548.940 Jurisdiction of parties
Status: in_force

(1) Jurisdiction of all interested parties may be had by the publication of summons in the manner provided by ORCP 7. Copies of the summons and the petition of the district shall be mailed to each qualified elector and landowner at the mailing address as shown by the records of the county clerk, the county tax collector and the county assessor, and to all known creditors of the district.

(2) The Water Resources Commission shall be served with a copy of the summons and petition. [1973 c.415 §1; 1979 c.284 §172; 1989 c.182 §43]

Source: Section 548.940 — Jurisdiction of parties; service of summons and petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 539.130 — OR Code / Title 45 / Chapter 539 / Section 539.130
539.130 Findings of fact and determination of director
Status: in_force

(1) As soon as practicable after the compilation of the data the Water Resources Director shall make and cause to be entered of record in the Water Resources Department findings of fact and an order of determination determining and establishing the several rights to the waters of the stream. The original evidence gathered by the director, and certified copies of the observations and measurements and maps of record, in connection with the determination, as provided for by ORS 539.120 (Examination by director of stream and diversions in contest) , together with a copy of the order of determination and findings of fact of the director as they appear of record in the Water Resources Department, shall be certified to by the director and filed with the clerk of the circuit court wherein the determination is to be heard. A certified copy of the order of determination and findings shall be filed with the county clerk of every other county in which the stream or any portion of a tributary is situated.

(2) Upon the filing of the evidence and order with the court the director shall procure an order from the court, or any judge thereof, fixing the time at which the determination shall be heard in the court, which hearing shall be at least 40 days subsequent to the date of the order. The clerk of the court shall, upon the making of the order, forthwith forward a certified copy to the department by registered mail or by certified mail with return receipt.

(3) The department shall immediately upon receipt thereof notify by registered mail or by certified mail with return receipt each claimant or owner who has appeared in the proceeding of the time and place for hearing. Service of the notice shall be deemed complete upon depositing it in the post office as registered or certified mail, addressed to the claimant or owner at the post-office address of the claimant or owner, as set forth in the proof of the claimant or owner theretofore filed in the proceeding. Proof of service shall be made and filed with the circuit court by the department as soon as possible after mailing the notices.

(4) The determination of the department shall be in full force and effect from the date of its entry in the records of the department, unless and until its operation shall be stayed by a stay bond as provided by ORS 539.180 (Bond or irrevocable letter of credit to stay operation of director’s determination) . [Amended by 1991 c.102 §7; 1991 c.249 §49]

Source: Section 539.130 — Findings of fact and determination of director; certification of proceedings; filing in court; fixing time for hearing by court; notice; force of director’s determination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 543.685 — OR Code / Title 45 / Chapter 543 / Section 543.685
543.685 District board to require weatherization
Status: in_force

(1) If the board of directors of a district has not adopted an ordinance, resolution or administrative rule requiring the weatherization of the buildings of the district, the district shall deposit 10 percent of any revenues derived from the sale of excess electric energy under ORS 543.660 (Authority of district to enlarge or modify water system and power generating facilities) with the officer serving as the treasurer of the district to be credited to a special fund designated its Weatherization Fund. Moneys in the fund shall be expended upon written order of the board of directors for the sole purpose of accomplishing weatherization of buildings owned by the district.

(2) As used in this section, “weatherization” means the installation of materials, equipment or fixtures designed primarily to improve the efficiency of space heating and energy utilization of a building. [1981 c.420 §8]

Source: Section 543.685 — District board to require weatherization; Weatherization Fund; purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 538.200 — OR Code / Title 45 / Chapter 538 / Section 538.200
538.200 Streams forming waterfalls near Columbia River Highway
Status: in_force

The following streams and waters thereof forming waterfalls or cascades in view of, or near, the Columbia River Highway, from Sandy River to Hood River, the first 17 of which are in Multnomah County and the remainder of which are in Hood River County, are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except as mentioned in ORS 538.210 (Condemnation of lands for park not prevented) :

(1) Latourell Creek–forming Latourell Falls.

(2) An unnamed stream whose waterfall is approximately at the southwest quarter of the southwest quarter of the northwest quarter of section 28, township 1 north, range 5 east, at the northern edge of Tax Lot 27/28. The fall is on the south side of the old Columbia River Highway 0.7 mile west of the highway bridge at Young Creek.

(3) An unnamed stream whose waterfall is approximately at the southeast quarter of the southwest quarter of the northwest quarter of section 28, township 1 north, range 5 east, at the northern intersection of Tax Lot 27/26. The falls are on the south side of the old Columbia River Highway 0.6 mile west of the highway bridge at Young Creek.

(4) An unnamed stream whose waterfall is approximately at the northeast quarter of the northeast quarter of the northwest quarter of section 28, township 1 north, range 5 east, Tax Lot 3. The falls are on the south side of the old Columbia River Highway 0.1 mile west of the highway bridge at Young Creek.

(5) Young Creek–forming Shepperd Dell Falls.

(6) Bridal Veil Creek–forming Bridal Veil Falls.

(7) Coopey Falls Creek.

(8) Mist Falls Creek.

(9) Wahkeena Creek–forming Wahkeena Falls, formerly known as Gordon Falls.

(10) Multnomah Creek–forming Multnomah Falls.

(11) Oneonta Creek–forming Oneonta Falls and Gorge.

(12) Horse Tail Creek–forming Horse Tail Falls.

(13) Tumalt Creek.

(14) McCord Creek, formerly known as Kelly Creek–forming Elowah Falls.

(15) Moffatt Creek–forming Wahe Falls.

(16) Tanner Creek–forming Wahclella Falls.

(17) Eagle Creek–forming Metlako Falls.

(18) Ruckle Creek, formerly known as Deadman’s Creek.

(19) Herman Creek.

(20) Grays Creek.

(21) Gorton Creek–forming Gorton Creek Falls.

(22) Harphan Creek.

(23) Summit Creek–forming Camp Benson Falls.

(24) Lindsey Creek–forming Lindsey Falls.

(25) Spring Creek, also known as Wonder Creek–forming Lancaster Falls.

(26) Warren Creek.

(27) Cabin Creek.

(28) Starvation Creek–forming Starvation Falls.

(29) Viento Creek.

(30) Perham Creek.

(31) Phelps Creek, except those creeks which are tributary to Phelps Creek and which arise in the north one-half of section 5, township 2 north, range 10 east of the Willamette Meridian, subject to prior rights. [Amended by 1953 c.48 §2; 1985 c.261 §1]

Source: Section 538.200 — Streams forming waterfalls near Columbia River Highway; withdrawal from appropriation or condemnation; diversion or interruption prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 549.630 — OR Code / Title 45 / Chapter 549 / Section 549.630
549.630 Operation and maintenance of projects
Status: in_force

After the completion of a flood control project or a portion thereof and, in the case of projects constructed by the federal government, after such project or a useful portion thereof has been turned over to the state by the federal government, such projects may be operated and maintained by the Water Resources Commission for the primary purpose of flood control; or, when the commission deems such action to be in the public interest, the commission may enter into agreements with public or quasi-public bodies and other persons to operate and maintain such projects. [1957 c.466 §6]

Source: Section 549.630 — Operation and maintenance of projects , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 555.120 — OR Code / Title 45 / Chapter 555 / Section 555.120
555.120 Conditions precedent to entry onto land and sale of water rights
Status: in_force

No land shall be open to entry and no water rights shall be sold by the parties under contract with the Water Resources Commission until the construction of the works is sufficiently advanced to insure a water supply, and the entry of an order by the commission opening the land or any portion thereof to entry and sale. All applications to purchase lands, or for release of lien for construction of the reclamation works, shall be upon the forms provided by the commission. The “date of reclamation,” for the purposes of ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) to 555.160 (Report of work, expenditures and condition of funds) , shall be the date shown by the proof furnished the Secretary of the Interior by the commission at which water was furnished available for the reclamation of each tract in the list of lands.

Source: Section 555.120 — Conditions precedent to entry onto land and sale of water rights; form of applications for purchase or for release of lien; “date of reclamation.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 558.203 — OR Code / Title 45 / Chapter 558 / Section 558.203
558.203 Application of election laws
Status: in_force

(1) ORS chapter 255 governs the following:

(a) The nomination and election of commissioners.

(b) The conduct of district elections.

(2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 (Prospective petition) to 255.205 (Retention of petition materials) . [1983 c.350 §314]

Source: Section 558.203 — Application of election laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 541.815 — OR Code / Title 45 / Chapter 541 / Section 541.815
541.815 Limitation on bond issuance amount
Status: in_force

No bonds shall be issued or sold under ORS 541.780 (Bonds to provide project financing) to 541.815 (Limitation on bond issuance amount) nor indebtedness incurred thereunder, which, singly or in the aggregate with previous debts or liabilities incurred for the construction, operation and maintenance of water development projects and for the acquisition of easements and rights of way for federal water development projects shall exceed any limitation provided in the Oregon Constitution at the date of the issuance and sale of such bonds. If the maximum aggregate principal sum of bonds authorized to be issued under ORS 541.780 (Bonds to provide project financing) to 541.815 (Limitation on bond issuance amount) , exceeds any limitation provided in the Oregon Constitution, bonds shall be issued under ORS 541.780 (Bonds to provide project financing) to 541.815 (Limitation on bond issuance amount) , in the aggregate principal sum of not to exceed that authorized under the limitation provided in the Oregon Constitution. [1977 c.246 §27]

Source: Section 541.815 — Limitation on bond issuance amount , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 553.070 — OR Code / Title 45 / Chapter 553 / Section 553.070
553.070 Boundary change
Status: in_force

If any contract has been entered into between the district and the United States or the State of Oregon or any agency of either of them, or if the district has contracted to purchase any existing works and the purchase price has not been paid in full, no change shall be made in the boundaries of the district without the written consent of such contracting agency or the vendor of such existing works. [Amended by 1965 c.623 §4; 1971 c.727 §170]

Source: Section 553.070 — Boundary change; consent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.167 — OR Code / Title 45 / Chapter 545 / Section 545.167
545.167 Division of district for election of directors
Status: in_force

(1) In any irrigation district in which the board of directors is elected at large, the district may be subdivided for the election of directors when:

(a) In the judgment of the board it is necessary or beneficial to the welfare of the district; or

(b) There is filed with the board a petition that has been signed by a number of electors of the district equal in number to 20 percent of the votes cast at the last preceding election at which a director of the board was elected.

(2) Upon the determination of the board or upon the filing of a petition requesting division of the district, the board shall submit the question to the district electors at the next regular election or at a special election ordered by the board for such purpose.

(3) If a majority of electors voting on the question approves the division of the district, immediately following the election the board shall divide the district in the manner provided in ORS 545.207 (Redivision of district upon increase in directors) . The divisions shall be numbered first, second and third. One director shall be elected to the board of directors of the district from each division. However, nothing in this section or in ORS 545.169 (Election of directors from newly created divisions) and 545.171 (Election precincts in divisions) shall be construed to prevent the directors who are serving when the district is divided from serving out the unexpired portion of their terms. [Formerly 545.624; 1999 c.452 §17]

Source: Section 545.167 — Division of district for election of directors; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.435 — OR Code / Title 45 / Chapter 540 / Section 540.435
540.435 Installation of totalizing measuring device
Status: in_force

(1) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water use information necessary because of serious water management problems created by ground water decline, unresolved user disputes or frequent water shortages, the commission by rule may require a water right owner using any surface or ground water source within the state to install a totalizing measuring device and to submit annually a water use report.

(2) Before the commission implements any requirements under subsection (1) of this section the commission shall:

(a) Cause a hearing to be conducted in the affected area to determine whether a serious management problem exists; and

(b) Allow any affected person an opportunity to present alternative methods or devices that could be used to provide the information necessary to manage the water resource or to alleviate the water management problem.

(3) The watermaster may prohibit the diversion or use of water by anyone who has failed to comply with a commission rule or order requiring installation of measuring devices or submission of a water use report. [1987 c.649 §7]

Source: Section 540.435 — Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.490 — OR Code / Title 45 / Chapter 547 / Section 547.490
547.490 Waiver of penalty or interest by certain districts
Status: in_force

All drainage districts containing not more than 2,000 acres, organized under the provisions of the Drainage District Act, may waive payment of penalty or interest, or both, on district assessments. County tax collecting officers are authorized to collect and receipt for assessments levied by any such drainage district, waiving payment of penalty or interest, or both, when presented with a certified copy of resolution or other action of the drainage district waiving such payment.

Source: Section 547.490 — Waiver of penalty or interest by certain districts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 555.080 — OR Code / Title 45 / Chapter 555 / Section 555.080
555.080 Reclamation works
Status: in_force

For such time as is specified in the contract, and not to exceed 10 years from the date thereof, the control and management of the reclamation works shall be vested in the person having contract with the state. At the expiration of such time the clear and unencumbered title to the reclamation works and all franchises thereunto belonging, also the control and management thereof, shall pass to the purchasers of water rights from the reclamation works in the manner to be prescribed in the contract, the contractor retaining an interest in the works proportional to the amount of water right unsold.

Source: Section 555.080 — Reclamation works; control by contractor; transfer to purchasers of water rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 537.620 — OR Code / Title 45 / Chapter 537 / Section 537.620
537.620 Determination of completeness of application
Status: in_force

(1) The Water Resources Department shall accept all applications for permits submitted under ORS 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water) in proper form.

(2) Within 15 days after receiving the application, the department shall determine whether the application contains the information listed under ORS 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water) (2) and is complete and not defective, including the payment of all fees required under ORS 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water) (5). If the department determines that the application is incomplete or defective or that not all fees have been paid, the department shall return the fees paid and the application to the applicant to remedy the defect. If an application is complete and not defective, the department shall indorse on the application the date upon which the application was received at the department, which shall be the priority date for any water right issued in response to the application.

(3) Upon determining that an application is complete and not defective, the department shall determine whether the proposed use is prohibited by statute. If the proposed use is prohibited by statute, the department shall reject the application and return all fees to the applicant with an explanation of the statutory prohibition.

(4) If the proposed use is not prohibited by statute, the department shall undertake an initial review of the application and make a preliminary determination of:

(a) Whether the proposed use is restricted or limited by statute or rule or because the proposed use is located within a designated critical ground water area;

(b) The extent to which water is available from the proposed source during the times and in the amounts requested; and

(c) Any other issue the department identifies as a result of the initial review that may preclude approval of or restrict the proposed use.

(5) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in subsection (2) of this section, the department shall notify the applicant of its preliminary determinations and allow the applicant 14 days from the date of mailing within which to notify the department to stop processing the application or to proceed with the application. If the applicant notifies the department to stop processing the application, the department shall return the application and all fees paid in excess of $310. If the department receives no timely response from the applicant, the department shall proceed with the application.

(6) Within seven days after proceeding with the application under subsection (5) of this section, the department shall give public notice of the application in the weekly notice published by the department. The notice shall include a request for comments on the application and information pertaining to how an interested person may obtain future notices about the application and a copy of the proposed final order.

(7) Within 30 days after the public notice under subsection (6) of this section, any person interested in the application shall submit written comments to the department. Any person who asks to receive a copy of the department’s proposed final order shall submit to the department the fee required under ORS 536.050 (Fees) (1)(p). [1955 c.708 §10; 1981 c.589 §4; 1985 c.673 §55; 1989 c.201 §3; 1991 c.102 §2; 1991 c.400 §3; 1991 c.735 §35; 1993 c.557 §5; 1995 c.416 §23; 1997 c.587 §9; 2007 c.267 §3; 2009 c.819 §§9,16; 2013 c.644 §§8,9; 2017 c.571 §§7,8; 2021 c.515 §4]

Source: Section 537.620 — Determination of completeness of application; initial review; preliminary determination; notice; public comments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.670 — OR Code / Title 45 / Chapter 537 / Section 537.670
537.670 Determination of rights to appropriate ground water of ground water reservoir
Status: in_force

(1) The Water Resources Director upon the motion of the director or, in the discretion of the director, upon receipt of a petition therefor by any one or more appropriators of ground water from such ground water reservoir, may proceed to make a final determination of the rights to appropriate the ground water of any ground water reservoir in this state.

(2) The director shall prepare a notice of intent to begin a determination referred to in subsection (1) of this section. The notice shall set forth a place and time when the director or the authorized assistant of the director shall begin the taking of testimony as to the rights of the various claimants to appropriate the ground water of the ground water reservoir and as to the boundaries and depth thereof. A copy of the notice shall be delivered to each person or public agency known to the director from an examination of the records in the Water Resources Department to be a claimant to a right to appropriate ground water of the ground water reservoir or any surface water within the area in which the ground water reservoir is located. The notice shall also be published in at least one issue each week for at least two consecutive weeks in a newspaper of general circulation published in each county in which the ground water reservoir or any part thereof is located. If the ground water reservoir is located in whole or in part within the limits of any city, the notice shall be published in at least one issue each week for at least two consecutive weeks in a newspaper of general circulation published in the city, if any, and copies of the notice shall be delivered to the mayor or chairperson of the governing body of the city. Copies of the notice shall be delivered and the last publication date of published notices shall be at least 30 days prior to the taking of any testimony.

(3) The director shall enclose with each copy of the notice referred to in subsection (2) of this section delivered to each person or public agency known to be a claimant to a right to appropriate ground water of the ground water reservoir a blank form on which such claimant shall present in writing all the particulars necessary for determination of the right of the claimant as may be prescribed by the director. The director may require each claimant to certify to the statements of the claimant under oath, and the director or the authorized assistant of the director may administer such oaths. [1955 c.708 §15; 1991 c.102 §3]

Source: Section 537.670 — Determination of rights to appropriate ground water of ground water reservoir , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.743 — OR Code / Title 45 / Chapter 537 / Section 537.743
537.743 Program to remediate certain domestic water wells
Status: in_force

(1) The Water Resources Department shall establish a program for the purpose of replacing, repairing or deepening domestic personal use wells that are affected by declining ground water levels resulting from overallocation of ground water within the Greater Harney Valley Groundwater Area of Concern.

(2) In administering the program, the department:

(a) May enter into contracts, intergovernmental agreements or other arrangements with public or private entities in order to work collaboratively to undertake the actions described in paragraph (b) of this subsection;

(b) May award grants for costs related to the replacement, repair or deepening of the wells or pay the cost of direct services of a water well constructor licensed under ORS 537.747 (Water well constructor’s license) to perform work needed to replace, repair or deepen the wells;

(c) Shall develop a process for applying for a grant or payment;

(d) May require a grantee or recipient of a payment to report to the department on the use of the funds;

(e) Shall biennially review the program and report to the Water Resources Commission on program implementation and outcomes to assess to what extent the purpose described in subsection (1) of this section is being achieved; and

(f) Shall, based on the report, modify the program as necessary to better achieve the purpose described in subsection (1) of this section.

(3) A grant or payment described in subsection (2)(b) of this section may provide:

(a) Up to 75 percent of the total cost of replacing, repairing or deepening the well, not to exceed $10,000 per well for replacement, repair or deepening; and

(b) If determined by the department to be necessary as part of replacing a well, up to $3,500 for the cost of abandoning the replaced well.

(4) In reviewing applications for a grant or payment, the department shall:

(a) Prioritize grants or payments for wells owned by or serving persons of lower or moderate income;

(b) Prioritize grants or payments for wells based on the severity of changes and declines in ground water, as determined by the department; and

(c) Consider other criteria determined by the department to be appropriate.

(5) To be eligible for funding, wells must:

(a) Be domestic personal use wells affected by declining ground water levels within the Greater Harney Valley Groundwater Area of Concern;

(b) Have served domestic personal use at a residence existing as of April 15, 2016; and

(c) Meet other criteria determined by the department.

(6) If replacement of a well is funded in whole or in part under the program, the replaced well must be abandoned.

(7) The Water Resources Commission may adopt rules to implement the program. The commission shall, for purposes of the program, adopt by rule a definition for the term “Greater Harney Valley Groundwater Area of Concern” or maintain in rule a definition for the term that the commission adopted before September 25, 2021. [2021 c.632 §1]

Note: 537.743 (Program to remediate certain domestic water wells) and 537.744 (Domestic Well Remediation Fund) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.743 — Program to remediate certain domestic water wells , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.685 — OR Code / Title 45 / Chapter 537 / Section 537.685
537.685 Findings of fact and order of determination
Status: in_force

As soon as practicable after compilation of the evidence obtained in proceedings under ORS 537.665 (Investigation of ground water reservoirs) to 537.680 (Taking testimony) , the Water Resources Director shall make and cause to be entered of record in the Water Resources Department findings of fact and an order of determination, determining and establishing the several rights to appropriate the ground water of the ground water reservoir. The findings of fact and order of determination shall also include:

(1) The boundaries and depth of each ground water reservoir.

(2) The lowest permissible water level in each ground water reservoir.

(3) The location, extent, quality and other pertinent characteristics of the ground water supply.

(4) The serviceable methods of withdrawal of the ground water from each ground water reservoir.

(5) Rules for controlling the use of the ground water from each ground water reservoir.

(6) Such general or special rules or restrictions with respect to the construction, operation and protection of wells and the withdrawal of ground water thereby as in the judgment of the director the public welfare, health and safety may require.

(7) The name and post-office address of each claimant.

(8) The nature of the use of the ground water allowed for each well, together with the maximum permissible use of the ground water, the place of use of the ground water and the date of priority of each use.

(9) 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.

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

(11) The depth, diameter and type of each well, the kind and amount of the casing, the capacity of each well in gallons per minute and such other information concerning each well as in the opinion of the director may be pertinent. [1955 c.708 §18; 1991 c.102 §4]

Source: Section 537.685 — Findings of fact and order of determination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.935 — OR Code / Title 45 / Chapter 536 / Section 536.935
536.935 Disposition of penalties
Status: in_force

All penalties recovered under ORS 536.930 (Consequence of failure to follow order) shall be paid into the State Treasury and credited to an account of the Water Resources Department. Such moneys are continuously appropriated to the department to carry out the provisions of ORS chapters 536 to 543A. [1989 c.618 §8; 1999 c.873 §22]

Note: See note under 536.900 (Civil penalties) .

Source: Section 536.935 — Disposition of penalties; appropriation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 549.605 — OR Code / Title 45 / Chapter 549 / Section 549.605
549.605 Definitions for ORS 549.605 to 549.645
Status: in_force

As used in ORS 549.605 (Definitions for ORS 549.605 to 549.645) to 549.645 (Waiver of state’s immunity to suit or action) , unless the context requires otherwise:

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

(2) “Federal flood control projects” includes all authorized federal projects located wholly or partially within this state which the commission determines would be beneficial to this state as flood control measures.

(3) “Federal government” means the United States, or any agency or instrumentality of the United States which is designated or authorized to engage in flood control projects within Oregon. [1957 c.466 §1]

Source: Section 549.605 — Definitions for ORS 549.605 to 549.645 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 549.030 — OR Code / Title 45 / Chapter 549 / Section 549.030
549.030 Agreement by two or more counties with federal agency
Status: in_force

If two or more counties in the state desire jointly or severally to make any agreement with federal agencies relative to flood control, they may enter into such agreements with any agency named in ORS 549.010 (Definitions for ORS 549.020 and 549.030) in accordance with all the provisions stated in ORS 549.010 (Definitions for ORS 549.020 and 549.030) and 549.020 (Contracts between counties and federal agencies) that will facilitate cooperative action between boards of commissioners and federal agencies to meet conditions of any federal flood control Acts wherein the federal government is entirely financing such projects.

DITCHES TO DRAIN LAND; FLOOD CONTROL MEASURES

Source: Section 549.030 — Agreement by two or more counties with federal agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 540.990 — OR Code / Title 45 / Chapter 540 / Section 540.990
540.990 Criminal penalties
Status: in_force

(1) Violation of any provision of ORS 540.440 (Owner to clear weeds from ditch right of way) is a Class C misdemeanor.

(2) Violation of any provision of ORS 540.570 (Temporary transfers within districts) (5), 540.710 (Interference with headgate, or use of water denied by watermaster or other authority) , 540.720 (Unauthorized use or waste of water) or 540.730 (Obstruction interfering with access to or use of works) is a Class B misdemeanor.

(3) Failure to comply with a final order issued under ORS 540.461 (Plan and time frame for corrective action) (4), or with an order issued by an appellate court on appeal from a final order under ORS 540.461 (Plan and time frame for corrective action) (4), is a Class B misdemeanor. [Amended by 2001 c.788 §§7,13; 2003 c.14 §§344,345; 2003 c.705 §§19,21; 2011 c.597 §226; 2019 c.390 §24]

Source: Section 540.990 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 536.760 — OR Code / Title 45 / Chapter 536 / Section 536.760
536.760 Cessation of actions taken under ORS 536.750
Status: in_force

Any action taken under ORS 536.750 (Powers of commission after declaration of drought) may be carried out only during the period of severe, continuing drought. After the drought, any water use undertaken under ORS 536.750 (Powers of commission after declaration of drought) must cease or comply with the applicable provisions of ORS 537.110 (Public ownership of waters) 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) and 537.992 (Civil penalties) or 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) . [1989 c.87 §4]

Source: Section 536.760 — Cessation of actions taken under ORS 536.750 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 540.020 — OR Code / Title 45 / Chapter 540 / Section 540.020
540.020 Watermasters
Status: in_force

(1) The Water Resources Director shall appoint one watermaster for each water district. The watermaster shall hold office until removed by the director, and shall be subject to any applicable provision of the State Personnel Relations Law. The director shall fill all vacancies which occur in the office.

(2) The director, or any duly authorized assistant, shall have the powers and authority of a watermaster in the distribution of water in any water district. [Amended by 1985 c.421 §5]

Source: Section 540.020 — Watermasters; appointment; removal; powers of Water Resources Director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 541.515 — OR Code / Title 45 / Chapter 541 / Section 541.515
541.515 Notice by commission when hazard created by release of stored water
Status: in_force

(1) Whenever it appears to the satisfaction of the Water Resources Commission, upon the commission’s own determination or upon evidence submitted by any person that the present or proposed release of stored water from an impoundment or diversion structure, including any water power project, constructed before or after May 1, 1961, results in rapid increase in the stream level below the structure which creates or will create a hazard to human life or property, the commission shall cause written notice of such determination to be mailed to the owner or operator of the structure.

(2) The notice provided for in subsection (1) of this section shall state:

(a) That the present or proposed release of stored water from the impoundment or diversion structure creates or may create an unreasonable hazard to human life or property.

(b) The manner in which such unreasonable hazard to human life or property is or may be created.

(c) The action which is required, in the opinion of the commission, to minimize such unreasonable hazard to human life or property.

(d) That the owner or operator of the impoundment or diversion structure, within 15 days after the mailing of the notice, may request in writing that the commission hold a hearing on such unreasonable hazard or action required to minimize such unreasonable hazard, and that upon failure to request a hearing the commission shall make an order stating the terms, limitations and conditions of the action required to minimize such unreasonable hazard. [1961 c.379 §1; 1985 c.673 §105]

Source: Section 541.515 — Notice by commission when hazard created by release of stored water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 558.990 — OR Code / Title 45 / Chapter 558 / Section 558.990
558.990 Penalties
Status: in_force

Any person who violates any provision of ORS 558.010 (Definitions for ORS 558.010 to 558.140) to 558.140 (Appropriation for administration and enforcement) shall be guilty of a misdemeanor. [1953 c.654 §14]

Source: Section 558.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 549.990 — OR Code / Title 45 / Chapter 549 / Section 549.990
549.990 Penalties
Status: in_force

(1) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation) , violation of ORS 549.180 (Bringing additional water into ditch without payment of compensation prohibited) is a Class D violation, and the violator shall be compelled to restore the drainage to the condition previously existing.

(2) Violation of ORS 549.400 (Obstruction, befoulment or pollution of ditch prohibited) is a Class C misdemeanor. [Amended by 1999 c.1051 §197; 2011 c.597 §230]

Source: Section 549.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 543a.071 — OR Code / Title 45 / Chapter 543a / Section 543a.071
543A.071 Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes
Status: in_force

(1) Not later than six years before the expiration of any state or federal hydroelectric license or state authorized water right issued to a federally licensed project, the Water Resources Department shall notify the holder of the date of expiration of the right or license and shall ask that the holder advise the department whether the holder intends to seek reauthorization or relicensing.

(2) If the holder does not intend to seek reauthorization, the holder shall inform the department within 90 days after receiving notice under subsection (1) of this section of the proposed disposition of the federally licensed project.

(3) If the holder intends to seek reauthorization, the holder shall inform the department within 90 days after receiving notice under subsection (1) of this section whether the holder intends to seek reauthorization of the water right concurrently with the federal relicensing.

(4) A holder seeking relicensing and reauthorization concurrently:

(a) Shall not, by applying for reauthorization, under ORS 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) and in the absence of agreement by the holder, be deemed to have accelerated the actual expiration date of the project’s water right; and

(b) May, upon providing concurrent notification to the Federal Energy Regulatory Commission, withdraw and void its application for reauthorization at any time prior to issuance of the final water right certificate issued by the Water Resources Director without prejudice to its right to reapply for reauthorization of its water right.

(5) Any water right issued by the Water Resources Department pursuant to an application filed under this chapter shall become effective upon the issuance of the new water right. The existing water right shall be canceled immediately upon issuance of the new water right.

(6) A holder not electing to concurrently seek reauthorization but seeking relicensing shall notify the Water Resources Department of its position and shall indicate in the notification its plans for the project and the project’s state water right.

(7) In the absence of agreement by the holder to pay the application fees under ORS 543A.405 (Application fees) , and notwithstanding the provisions of ORS 543A.015 (Purpose) , the state is not required to develop and provide a coordinated state position. [1999 c.873 §15 (enacted in lieu of 543A.070)]

Source: Section 543A.071 — Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes; response of holder , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 541.030 — OR Code / Title 45 / Chapter 541 / Section 541.030
541.030 Ditches and canals across state lands
Status: in_force

The right of way, to the extent specified in the Act of 1891, pages 52 to 60, Oregon Laws 1891, for the ditches, canals, flumes, distributing ditches, and feeders of any corporation appropriating water under the provisions of the Act of 1891, across all lands belonging to the State of Oregon and not under contract of sale, is granted.

Source: Section 541.030 — Ditches and canals across state lands; grant of right of way , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 536.320 — OR Code / Title 45 / Chapter 536 / Section 536.320
536.320 Limitation of powers of commission
Status: in_force

The Water Resources Commission shall not have power:

(1) To interfere with, supervise or control the internal affairs of any state agency or public corporation;

(2) To modify, set aside or alter any existing right to use water or the priority of such use established under existing laws; or

(3) To modify or amend any standard or policy as prescribed in ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) nor to adopt any rule or regulation in conflict therewith. [1955 c.707 §10(4)]

Source: Section 536.320 — Limitation of powers of commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 547.240 — OR Code / Title 45 / Chapter 547 / Section 547.240
547.240 Dissolution of district if cost exceeds benefits
Status: in_force

If after determining the objections made to the commissioners’ report, the court finds that the estimated costs of works and improvements as reported by the commissioners, or as amended by the court, exceed the estimated benefits, the court shall then render a judgment, declaring the incorporation of the district to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of supervisors, are paid. If the uniform charge made under ORS 547.140 (Uniform charge to pay expenses of organizing district, surveys, assessing benefits and damages) is found insufficient to pay all the costs, the board of supervisors shall make such additional uniform charges as will be necessary to pay the deficiency. [Amended by 1991 c.459 §425f; 2003 c.576 §509]

Source: Section 547.240 — Dissolution of district if cost exceeds benefits; obligations and expenses; additional charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.840 — OR Code / Title 45 / Chapter 537 / Section 537.840
537.840 Legislative consent
Status: in_force

Upon receiving legislative permission to appropriate waters under ORS 537.801 (Definitions) to 537.860 (Vested rights protected) , the permittee, upon filing in the Water Resources Department a certified copy of the Act, certified to by the Secretary of State, may proceed to obtain an appropriation of waters in the manner provided by the laws of this state for the appropriation of waters for beneficial use, subject to all existing rights and valid prior appropriations and subject to the terms, conditions, exceptions, reservations, restrictions and provisions of such legislative consent. [Amended by 1985 c.673 §77]

Source: Section 537.840 — Legislative consent; filing of certified copy; appropriation rights and procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.413 — OR Code / Title 45 / Chapter 545 / Section 545.413
545.413 Record of assessments and apportionments
Status: in_force

The board shall prepare a list or record of the assessments and apportionments in duplicate, giving the description of the ownership or holdings of each person assessed or apportioned. One copy of the list or record shall be a permanent record in the office of the board. Any irregularity or error in the description shall not be considered jurisdictional, or render the assessment void, if the land assessed can be identified. The assessment and apportionment made by the board of directors is prima facie evidence that all the requirements of the law in relation to the assessment and apportionment have been complied with and that the assessments are liens against the property to the same extent as other taxes lawfully levied. [Formerly 545.440]

Source: Section 545.413 — Record of assessments and apportionments; error in description; evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.132 — OR Code / Title 45 / Chapter 537 / Section 537.132
537.132 Exemption from permit requirement for use of reclaimed water
Status: in_force

(1) The provisions of ORS 537.130 (Permit to appropriate water required) requiring application for a permit to appropriate water shall not apply to the use of reclaimed water, if:

(a) The use of reclaimed water is authorized by the national pollutant discharge elimination system or water pollution control facilities permit issued pursuant to ORS 468B.050 (Water quality permit) or 468B.053 (Alternatives to obtaining water quality permit) ;

(b) The Department of Environmental Quality, in reviewing an application for a permit pursuant to ORS 468B.050 (Water quality permit) or 468B.053 (Alternatives to obtaining water quality permit) , has consulted with the State Department of Fish and Wildlife on the impact to fish and wildlife to determine that the application of reclaimed water under ORS 537.130 (Permit to appropriate water required) , 537.131 (Reclaimed water) , 537.132 (Exemption from permit requirement for use of reclaimed water) , 540.510 (Appurtenancy of water to premises) and 540.610 (Use as measure of water right) shall not have a significant negative impact on fish and wildlife; and

(c) The Department of Environmental Quality has determined the use of reclaimed water is intended to improve the water quality of the receiving stream.

(2) Any person using or intending to use reclaimed water shall file with the Water Resources Department a reclaimed water registration form setting forth the following:

(a) Name and mailing address of the registrant;

(b) The date the use of reclaimed water is initiated;

(c) Source of reclaimed water supply, including a description of the location of the reclaimed water treatment facility and the name and mailing address of the owner and operator of the facility;

(d) Nature of the use of the reclaimed water;

(e) Amount of reclaimed water used or proposed to be used;

(f) Location and description of the ditch, canal, pipeline or any other conduction facility used or to be used to transport the reclaimed water from the treatment facility to the place of use;

(g) A statement declaring the existence of a written contract or agreement to provide reclaimed water including the name and address of the reclaimed water provider and the date and terms of such contract or agreement;

(h) A description of the season of use and the place of use of the reclaimed water, and any restrictions applicable to the use of the reclaimed water; and

(i) If the reclaimed water is used in lieu of using water under an existing water right, the application, permit and certificate number of such right, or if the right is granted pursuant to a decree of circuit court, the volume and page number setting forth the right.

(3) If a municipality has discharged waste water into a natural watercourse for five or more years, and the discharge represents more than 50 percent of the total average flow of the natural watercourse and if such discharge would cease as a result of the use of reclaimed water in accordance with the provisions of ORS 540.510 (Appurtenancy of water to premises) (3) and this section, the director of the department shall notify any persons who, according to the department records, have a water right that may be affected by the cessation of the discharge by the municipality.

(4) If a person holding an affected water right demonstrates to the department that the cessation of discharge by the municipality substantially impairs the ability to satisfy a water right, the person shall be entitled to a preference to the use of the reclaimed water. However, the delivery of the reclaimed water to the person claiming such preference shall be accomplished through a conveyance facility or channel other than a natural watercourse.

(5) If a municipality has a less expensive alternative for the disposal and distribution of the reclaimed water, the municipality shall not be obligated to incur expenses or cost beyond the expenses or costs of such alternative.

(6) The Water Resources Commission shall adopt rules to implement the notice and preference provisions and impairment evaluation standards of this section. [1991 c.370 §3; 1997 c.286 §8]

Note: 537.132 (Exemption from permit requirement for use of reclaimed water) was added to and made a part of ORS chapter 537 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.132 — Exemption from permit requirement for use of reclaimed water; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.450 — OR Code / Title 45 / Chapter 537 / Section 537.450
537.450 Rules for proof as to work and use of water under permits
Status: in_force

The Water Resources Commission may by rule provide that the owners of permits shall submit or furnish proofs of commencement of work, prosecution of work with due diligence, completion of work, and of the application of water to a beneficial use under the permits. Failure to comply with the commission’s rules in respect to the proofs shall be considered prima facie evidence of failure to commence work, prosecute work with due diligence, complete work, or apply water to the beneficial use contemplated by the permit in proceedings under ORS 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.440 (Cancellation of permit) for the cancellation of permits. [Amended by 1985 c.673 §45]

Source: Section 537.450 — Rules for proof as to work and use of water under permits; noncompliance as evidence in cancellation proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.142 — OR Code / Title 45 / Chapter 537 / Section 537.142
537.142 Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program
Status: in_force

(1) No water right certificate or permit is required for the use of the surface waters of this state if

the water is to be used for a salmon and trout enhancement project certified by the State Department of Fish and Wildlife under ORS 496.430 (Definitions for ORS 496.430 and 496.435 to 496.455) to 496.460 (Salmon and Trout Enhancement Program Advisory Committee) .

(2) The use of water for a salmon and trout enhancement project under subsection (1) of this section is a beneficial use and such use shall be allowed on all the waters of this state, whether or not the project is located on waters of this state for which the use is restricted pursuant to any of the following:

(a) A scenic waterway designation under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) .

(b) A statutory withdrawal from appropriation under ORS chapter 538.

(c) A program adopted by the Water Resources Commission under ORS 536.300 (Formulation of state water resources program) to 536.400 (Application to court to compel compliance with state water resources policy) .

(d) An administrative withdrawal from appropriation by the Water Resources Director or the Water Resources Commission.

(e) Any other statutory or administrative restriction on the use of the waters.

(3) If the use of the waters of this state under subsection (1) of this section conflicts with the use of water under a permit issued under ORS 537.240 (Federal permit) or a use allowed under a water right certificate issued under ORS 537.250 (Water right certificate) , the use permitted under subsection (1) of this section shall be subordinate. [1985 c.310 §2; 1989 c.587 §2]

Source: Section 537.142 — Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.290 — OR Code / Title 45 / Chapter 543 / Section 543.290
543.290 Filing of maps, plans, estimates and other materials
Status: in_force

The applicant for a license shall submit to and file with the Water Resources Commission:

(1) All maps, plans, specifications and cost estimates as may be required by the commission for a full understanding of the proposed project. The maps, plans and specifications, when approved by the commission, shall become a part of the license, if one is issued upon the application, and thereafter no change shall be made in any such maps, plans and specifications until the proposed change has been approved by the commission. When a proposed change is approved by the commission, the changes shall become a part of the license.

(2) Any further statements and data as may be required by the commission concerning the proposed project, the market to be served, the financial responsibility of the applicant, the plan of financing and any other matters deemed material by the commission. [Amended by 1985 c.673 §153]

Source: Section 543.290 — Filing of maps, plans, estimates and other materials; incorporation as part of license; alteration; further statements and data , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.367 — OR Code / Title 45 / Chapter 545 / Section 545.367
545.367 Authorization of sale of property, excess water or hydroelectric power
Status: in_force

When the board of directors of an irrigation district considers it to be for the best interests of the district to sell any property owned by the district and not required for district purposes, including excess storage or carrying capacity, surplus water or water rights, or to dispose by contract, lease or sale of any undeveloped hydroelectric power, the board shall adopt and enter in the minutes of its proceedings a resolution stating in substance:

(1) A general description of property to be sold.

(2) The amount of the excess capacity or surplus water owned by the district and the amount proposed to be sold.

(3) That the sale can be made without impairing the security of the outstanding bonds. [Formerly 545.144]

Source: Section 545.367 — Authorization of sale of property, excess water or hydroelectric power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543.090 — OR Code / Title 45 / Chapter 543 / Section 543.090
543.090 Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim
Status: in_force

(1) Any project operating under a hydroelectric license issued by the Federal Energy Regulatory Commission and concurrently operating under the authority of a power claim or uncertificated claim shall pay all expenses related to the review and decision of a Hydroelectric Application Review Team established under ORS 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) that:

(a) Are incurred by the team and any agency participating as part of the team in the federal relicensing process; and

(b) Are not otherwise covered by a fee described in ORS 543.078 (Annual fee for hydroelectric project) .

(2) Not later than six years before the expiration of a hydroelectric license issued by the Federal Energy Regulatory Commission to any project operating concurrently under the authority of a power claim or uncertificated claim, the Water Resources Department shall contact the holder to schedule a consultation meeting regarding expected fees to be incurred by the Hydroelectric Application Review Team.

(3) Relicensing fees shall be calculated and assessed according to the terms and conditions set forth in ORS 543A.405 (Application fees) and 543A.410 (Fee schedule) for application fees. [1999 c.873 §10; 2021 c.516 §4]

Source: Section 543.090 — Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.416 — OR Code / Title 45 / Chapter 545 / Section 545.416
545.416 Equalization of assessment and apportionment of taxes
Status: in_force

Not more than 30 nor less than 10 days before the annual date specified by the board of directors as provided in ORS 545.418 (Meeting of board) , the secretary of the board shall give notice of the time the board, acting as a board of equalization, will meet for the purpose of reviewing and correcting its assessment and apportionment of taxes, as provided in ORS 545.418 (Meeting of board) . The secretary of the board shall publish the notice at least once in a newspaper published in each county in which the district is situated. The board shall meet for this purpose on the date specified by the board as provided in ORS 545.418 (Meeting of board) . In the meantime the assessment list and record shall remain in the office of the secretary of the board, for the inspection of all persons interested. All persons shall be presumed to have notice of the time of the meeting, whether they receive actual notice or not. [Formerly 545.448]

Source: Section 545.416 — Equalization of assessment and apportionment of taxes; notice of time of meeting of board; public inspection of list , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 555.350 — OR Code / Title 45 / Chapter 555 / Section 555.350
555.350 Increase of lien against unsold land
Status: in_force

The Water Resources Commission may increase the reclamation lien against the land not now sold in the Tumalo Project as fixed in ORS 555.340 (Water rights) , if such increase is necessary or expedient in the completion of the project. The commission may reduce the amount due the state on account of the construction of the Tumalo Project by the amount expended by any such district or the federal government in completing the reclamation of the lands embraced within the project or any amount which may be expended in discharging the obligations of the state incurred under and pursuant to ORS 555.320 (Project manager) , 555.340 (Water rights) and 555.380 (Tumalo Project Fund) , or otherwise.

Source: Section 555.350 — Increase of lien against unsold land; reduction of amount due to state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 540.479 — OR Code / Title 45 / Chapter 540 / Section 540.479
540.479 Dam owner responsibilities
Status: in_force

(1) The owner of record of a dam shall:

(a) Provide the Water Resources Department with contact information in an emergency action plan, or in writing if no emergency action plan exists, for:

(A) The dam owner;

(B) The operator of the dam, if other than the owner; and

(C) The individual in immediate charge of the dam;

(b) Notify the department of any changes in the contact information provided under this subsection; and

(c) Provide the department with notice after completing a transfer of title for the dam.

(2) The dam owner shall review and evaluate the conditions at the dam as necessary to:

(a) Keep the dam in good repair and properly maintained; and

(b) Address any detected conditions that may pose a risk of dam failure. [2019 c.390 §14]

Source: Section 540.479 — Dam owner responsibilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.075 — OR Code / Title 45 / Chapter 547 / Section 547.075
547.075 Contracts with federal government permitted
Status: in_force

The board of supervisors of any drainage district, whenever it is determined by the board that it is for the best interests of the district:

(1) May enter into a contract with the United States for the reclamation by drainage or irrigation of the lands within the boundaries of the district, under the provisions of the Act of Congress of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto, and especially the Act of Congress approved August 13, 1914, entitled, “An act extending the period of payment under reclamation projects, and for other purposes,” commonly known as the “Twenty-Year Extension Act.”

(2) May make contracts with a federal agency relating to flood control projects that contain terms, provisions and conditions the board of supervisors determines are necessary or appropriate to satisfy conditions on the construction of flood control projects that are imposed under federal law or that attach as a result of federal funding for the flood control project. [2015 c.544 §8]

Note: See note under 547.063 (Definitions) .

Source: Section 547.075 — Contracts with federal government permitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 555.150 — OR Code / Title 45 / Chapter 555 / Section 555.150
555.150 Rules
Status: in_force

The Water Resources Commission shall provide suitable rules for the filing of applications for constructing irrigation works, prescribing the nature of final surveys, and the gathering of engineering data upon which the contract with the state is to be based, the manner in which the plans and specifications shall be submitted, and for the entry of and payment for the land and water rights by settlers and for the settlement or forfeiting of entry by settlers, and such other rules and regulations as are necessary to carry out the provisions of ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) to 555.160 (Report of work, expenditures and condition of funds) .

Source: Section 555.150 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.315 — OR Code / Title 45 / Chapter 545 / Section 545.315
545.315 Petition to construct improvements for irrigation
Status: in_force

(1) The holders of title, or evidence of title, representing a majority of the acreage of any body of land within any irrigation district may file with the board of directors of the district a petition in writing, requesting the construction of any improvement necessary or expedient for the efficient irrigation of the lands.

(2) The petition shall contain:

(a) A general description of the proposed improvement;

(b) A description of the tracts, or body of land, owned by the petitioners; and

(c) A description of the exterior boundaries of the land for which the proposed improvement is to be constructed and a description of any lands that are to be excepted from the benefit or use of the proposed improvement.

(3) The petition shall also contain an agreement on the part of the petitioners that the cost of construction of the improvement shall constitute a lien upon the lands within the exterior boundaries of the land described in the petition, except for the lands that are excepted from the benefit or use of the proposed improvement, and that the lands shall be assessed for and pay the cost of the improvement.

(4) The petition shall be deemed to give assent of the petitioners to construction of the improvement and shall authorize the assessment of the cost of such improvement upon and against the lands described in the petition and not specifically therein excepted. The petition shall be acknowledged in the same manner that conveyances of land are required to be acknowledged. [Formerly 545.402]

Source: Section 545.315 — Petition to construct improvements for irrigation; contents; assent of petitioners to assessment of cost of improvement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543a.100 — OR Code / Title 45 / Chapter 543a / Section 543a.100
543A.100 Final application for water right
Status: in_force

Not less than two years before the expiration of the federal license for the project, the applicant shall submit the final application to reauthorize the water right and a request for certification under ORS 468B.040 (Certification of hydroelectric power project) and 33 U.S.C. 1341. The application submitted under this section shall be the same as the final application submitted to the Federal Energy Regulatory Commission for the new federal license for the project. [1997 c.449 §20]

Source: Section 543A.100 — Final application for water right; application for water quality certification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 537.765 — OR Code / Title 45 / Chapter 537 / Section 537.765
537.765 Log of constructing, altering, abandoning or converting well
Status: repealed

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

(2) The business or activity of constructing new wells or altering, abandoning or converting existing wells is declared to be a business or activity affecting the public welfare, health and safety. In order to enable the state to protect the welfare, health and safety of its residents, any licensed or permitted person shall keep a log of each well constructed, altered, abandoned or converted and shall electronically file a certified copy of the log with the Water Resources Department within 30 days after the completion of the construction, alteration, abandonment or conversion.

(3) The department shall provide to a licensed or permitted person acknowledgment of receipt of a well log submitted under this section within 120 days of receipt.

(4) Each log that a licensed or permitted person files under this section shall be in a form prescribed by the department and shall show:

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

(b) The name and license number, if applicable, of the licensed or permitted person performing the work.

(c) The name and license number, if applicable, of the licensed or permitted person responsible for the work.

(d) The name of any person that assisted with the work.

(e) The location of the well by county tax lot number, township, range and section, and to the nearest quarter-quarter section, and by the latitude and longitude as established by a global positioning system.

(f) The dates of commencement and completion of the work of constructing, altering, abandoning or converting the well.

(g) The depth, diameter and type of the well.

(h) The kind and amount of the casing and where placed in the well, including the number and location of perforations or screens.

(i) The flow in cubic feet per second or gallons per minute of a flowing well, and the shut-in pressure in pounds per square inch.

(j) The static water level with reference to the land surface, and the drawdown with respect to the amount of water pumped per minute, when a pump test is made.

(k) The kind and nature of the material in each stratum penetrated, with at least one entry for each change of formation, and the thickness of aquifers.

(L) The temperature of the ground water encountered and other characteristics of the ground water in detail as required by the department.

(5) If required by the department, the licensed or permitted person shall furnish to the department samples of the ground water and of each change of formation in containers furnished and transportation expense paid by the department.

(6) Not later than 120 days after a well log is submitted pursuant to this section, the department shall:

(a) Review the well log to identify any deficiencies and assess compliance with the standards that were in effect when the well that is the subject of the well log was constructed, altered, abandoned or converted.

(b) Notify the licensed or permitted person who submitted the well log that the review has been completed.

(7) The Water Resources Commission may adopt rules establishing precision requirements and standards for global positioning system equipment used to obtain information submitted under subsection (4)(e) of this section.

(8) The commission may adopt rules that waive the electronic submittal requirement. [1955 c.708 §29; 1961 c.334 §11; 1981 c.416 §6; 1985 c.673 §70; 1993 c.774 §5; 1995 c.77 §1; 1999 c.293 §5; 2021 c.610 §§11,12,13]

Note: The amendments to 537.765 (Log of constructing, altering, abandoning or converting well) by section 13, chapter 610, Oregon Laws 2021, become operative July 1, 2024. See section 28, chapter 610, Oregon Laws 2021. The text that is operative until July 1, 2024, is set forth for the user’s convenience.

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

(2) The business or activity of constructing new wells or altering, abandoning or converting existing wells is declared to be a business or activity affecting the public welfare, health and safety. In order to enable the state to protect the welfare, health and safety of its residents, any licensed or permitted person shall keep a log of each well constructed, altered, abandoned or converted and shall file a certified copy of the log with the Water Resources Department within 30 days after the completion of the construction, alteration, abandonment or conversion.

(3) The department shall provide to a licensed or permitted person acknowledgment of receipt of a well log submitted under this section within 120 days of receipt.

(4) Each log that a licensed or permitted person files under this section shall be in a form prescribed by the department and shall show:

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

(b) The name and license number, if applicable, of the licensed or permitted person performing the work.

(c) The name and license number, if applicable, of the licensed or permitted person responsible for the work.

(d) The name of any person that assisted with the work.

(e) The location of the well by county tax lot number, township, range and section, and to the nearest quarter-quarter section, and by the latitude and longitude as established by a global positioning system.

(f) The dates of commencement and completion of the work of constructing, altering, abandoning or converting the well.

(g) The depth, diameter and type of the well.

(h) The kind and amount of the casing and where placed in the well, including the number and location of perforations or screens.

(i) The flow in cubic feet per second or gallons per minute of a flowing well, and the shut-in pressure in pounds per square inch.

(j) The static water level with reference to the land surface, and the drawdown with respect to the amount of water pumped per minute, when a pump test is made.

(k) The kind and nature of the material in each stratum penetrated, with at least one entry for each change of formation, and the thickness of aquifers.

(L) The temperature of the ground water encountered and other characteristics of the ground water in detail as required by the department.

(5) If required by the department, the licensed or permitted person shall furnish to the department samples of the ground water and of each change of formation in containers furnished and transportation expense paid by the department.

(6) Not later than 120 days after a well log is submitted pursuant to this section, the department shall:

(a) Review the well log to identify any deficiencies and assess compliance with the standards that were in effect when the well that is the subject of the well log was constructed, altered, abandoned or converted.

(b) Notify the licensed or permitted person who submitted the well log that the review has been completed.

(7) The Water Resources Commission may adopt rules establishing precision requirements and standards for global positioning system equipment used to obtain information submitted under subsection (4)(e) of this section.

Note: Sections 2, 4 and 7, chapter 496, Oregon Laws 2001, provide:

Sec. 2. (1) There is established a Well Constructors Continuing Education Committee consisting of six members appointed by the Water Resources Director as follows:

(a) One person representing the Water Resources Department;

(b) Three persons from the well drilling industry licensed pursuant to ORS 537.747 (Water well constructor’s license) ;

(c) One person having expertise in ground water quality or public health; and

(d) One person having expertise in employee safety.

(2) The term of office of each member is three years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become effective immediately for the unexpired term.

(3) A member of the committee is entitled to travel expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(4) Members of the committee must be residents of this state who are knowledgeable about the principles of well construction.

(5) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with the duties and powers necessary for the performance of the functions of such offices as the committee determines.

(6) Four members of the committee constitute a quorum for the transaction of business. At least four members of the committee must approve all official actions or decisions of the committee. [2001 c.496 §2; 2021 c.610 §17]

Sec. 4. (1) The Well Constructors Continuing Education Committee shall recommend to the Water Resources Commission a process for reviewing and approving continuing education requirements for licensed water well constructors established by rule pursuant to subsection (2) of this section.

(2) The commission shall adopt rules necessary for the administration of a continuing education program for licensed water well constructors consistent with the recommendations of the committee.

(3) The rules adopted by the commission under this section for the continuing education program shall:

(a) Authorize the committee to review and approve continuing education courses and to assign continuing education credits.

(b) At a minimum require, for renewal of a license issued under ORS 537.747 (Water well constructor’s license) , that an applicant:

(A) Through clinics, schools, professional organizations or seminars, lectures or other courses of study that relate to the practice of well construction and that are approved by the committee, obtain continuing education credits during each licensing period in an amount designated by the commission, but not to exceed 14 credits; and

(B) Furnish proof on a form approved by the committee that the applicant has complied with the continuing education requirements during the preceding licensing period unless the applicant is exempt under subsection (4) of this section.

(4) The commission may waive the continuing education requirements established by rule pursuant to subsection (2) of this section for a licensed water well constructor if the constructor submits satisfactory evidence of inability to attend continuing education courses because of health, military duty or other circumstances beyond the control of the constructor.

(5) For courses sponsored by the Water Resources Department, the fee for one continuing education credit is $40, and the total fees per day may not exceed $250.

(6) The fees collected under this section for continuing education courses sponsored by the department shall be paid into the Water Resources Department Water Right Operating Fund. Notwithstanding ORS 536.009 (Water Resources Department Water Right Operating Fund) , such moneys shall be used to pay the department’s expenses associated with conducting continuing education courses.

(7) At the time of application to renew a water well constructor’s license pursuant to ORS 537.747 (Water well constructor’s license) (5), a person shall provide the department with evidence of compliance with the continuing education requirements established pursuant to this section. [2001 c.496 §4; 2007 c.221 §2]

Sec. 7. Sections 2 and 4, chapter 496, Oregon Laws 2001, are repealed January 2, 2030. [2001 c.496 §7; 2007 c.221 §3; 2014 c.57 §1; 2021 c.610 §18]

Note: Section 29, chapter 610, Oregon Laws 2021, provides:

Sec. 29. The amendments to section 2, chapter 496, Oregon Laws 2001, by section 17 of this 2021 Act do not alter the term of office of a member serving on the Well Constructors Continuing Education Committee immediately prior to the effective date of this 2021 Act [January 1, 2022]. [2021 c.610 §29]

(Water Well Abandonment, Repair and Replacement)

Source: Section 537.765 — Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.175 — OR Code / Title 45 / Chapter 543 / Section 543.175
543.175 Hydroelectric facility on Deschutes River within City of Bend prohibited
Status: in_force

(1) Except as provided in subsection (2) of this section, no person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on that portion of the Upper Deschutes River situated within the city limits of the City of Bend except for a facility that meets all of the following criteria:

(a) The facility is located on an existing irrigation diversion facility or structure constructed by persons.

(b) The operation of the facility would not require any water in addition to water appropriated for irrigation purposes.

(c) Operation of the facility would be limited to the period of time during which water is diverted for irrigation purposes and the diversion would not be extended for the purpose of hydroelectric power generation.

(2) Subsection (1) of this section shall not apply to the construction and maintenance of or the issuance of a permit for a hydroelectric facility or structure for which the hearing record is closed on or before the July 12, 1985, whether or not the record is later reopened by or at the direction of the Water Resources Commission for any reason.

(3) As used in this section, “Upper Deschutes River” means that portion of the mainstem Deschutes River between the North Canal Dam at approximately river mile 165 and the head waters of the Deschutes River. [1985 c.560 §3]

Note: 543.175 (Hydroelectric facility on Deschutes River within City of Bend prohibited) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PRELIMINARY PERMITS; LICENSES

Source: Section 543.175 — Hydroelectric facility on Deschutes River within City of Bend prohibited; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 548.910 — OR Code / Title 45 / Chapter 548 / Section 548.910
548.910 Manner of signing petition
Status: in_force

(1) Each person signing a petition shall add after the signature of the person the date of signing and place of residence, giving street and number or a designation sufficient to enable the place of residence to be readily ascertained, and the number of acres of land owned by the signer. The name of the county whose assessment roll is used for the purpose of determining the right of the signer to vote shall be stated in the body of the petition or indicated opposite the signature of the signer. If the signer is a legal representative of the owner, the signature of the signer shall be accompanied by a certified copy of the authority of the signer to sign as a legal representative.

(2) After a petition has been offered for filing, a person may not withdraw the name of the person therefrom.

(3) A petition may designate not more than three persons as chief petitioners, setting forth their names and mailing addresses. A petition may consist of a single instrument or separate counterparts. [1973 c.415 §3]

Source: Section 548.910 — Manner of signing petition; form of petition; withdrawal of signature after filing of petition prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 538.180 — OR Code / Title 45 / Chapter 538 / Section 538.180
538.180 Johnson Creek
Status: in_force

ORS 538.170 (Johnson Creek in Multnomah and Clackamas Counties) shall not affect rights to the use of Johnson Creek recognized or acquired pursuant to section 2, chapter 273, Oregon Laws 1935; nor shall anything contained in ORS 538.170 (Johnson Creek in Multnomah and Clackamas Counties) prevent condemnation for public park purposes of lands through which Johnson Creek flows.

Source: Section 538.180 — Johnson Creek; existing rights; condemnation of land for park , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 540.340 — OR Code / Title 45 / Chapter 540 / Section 540.340
540.340 Reservoir and diversion dam
Status: in_force

(1) Whenever it may be necessary for the protection of other water users, the Water Resources Commission shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable outlet in the reservoir or diversion dam which will allow the free passage of the natural flow of the stream. The commission shall determine what constitutes a suitable outlet.

(2) If any owner or manager of a reservoir or diversion dam refuses or neglects to construct or put in such outlet in the reservoir or diversion dam after 10 days’ notice by the commission, the commission may close the ditch carrying water from the reservoir or diversion dam and it shall not be opened or any water diverted from the reservoir or diversion dam, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the commission regarding such outlet have been complied with. [Amended by 1985 c.673 §87]

Source: Section 540.340 — Reservoir and diversion dam; suitable outlet; effect of noncompliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 548.365 — OR Code / Title 45 / Chapter 548 / Section 548.365
548.365 Depositary for bonds, warrants
Status: in_force

Whenever any governmental agency of the United States has authorized a loan to or for the benefit of any irrigation or drainage district in Oregon for the purpose of refinancing the outstanding indebtedness of the district, the State Treasurer may act as depositary for the bondholders and other creditors of the district and as such may do all things that may be conferred upon the State Treasurer by the bondholders and other creditors of such district or their authorized representatives, in connection with the delivery and transfer of title of deposited bonds, warrants and other evidences of indebtedness. All acts of the State Reclamation Commission had before March 4, 1935, in connection with any such loans authorized before that date, are ratified and confirmed. [Amended by 1955 c.707 §67; 1989 c.182 §37]

Source: Section 548.365 — Depositary for bonds, warrants; authority of State Treasurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 541.329 — OR Code / Title 45 / Chapter 541 / Section 541.329
541.329 Petition for approval of district map
Status: in_force

(1) Pursuant to the requirements of subsection (2) of this section, a district may petition the Water Resources Commission for approval and acceptance of a district map indicating the location and use of the water rights within the district or any part thereof. The petition and map shall be in a form satisfactory to the commission and shall be certified by the district rather than a certified water right examiner. For a district that notifies the Water Resources Department under ORS 541.327 (Failure or refusal of district to act) (4), the map must be submitted in an electronic format meeting the standards set by the department. The petition and map may not expand a water right of the district or its users beyond the total right of record of the district. If the district has met the requirements of ORS 541.325 (Definitions for ORS 541.327 to 541.333) to 541.331 (Protest against approval of petition) and after the opportunity for hearing under ORS 541.331 (Protest against approval of petition) , the commission shall instruct the director to issue a new certificate to the district listing the requested locations and uses and retaining the original priority date. If the commission denies the petition, the commission shall hold a hearing on the denial. Notice and conduct of the hearing shall be under the provisions of ORS chapter 183 pertaining to contested cases. The hearing shall be conducted in the area where the right is located unless the parties and the persons who file the protest under this section stipulate otherwise.

(2) The petition required under subsection (1) of this section shall be submitted on or before July 1, 1994, or before June 30, 2010, for a district notifying the department under ORS 541.327 (Failure or refusal of district to act) (4), and 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 whose lands are included in the petition.

(c) A general description of the district boundaries.

(d) A general description of the users’ land and all water rights per each parcel affected by the petition and the map. 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.

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

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

(3) A petition submitted under this section shall contain no more acres of land than the least of the following:

(a) The number of acres assessed by the district as of July 1, 1989;

(b) The number of acres assessed by the district as of July 1, 1993; or

(c) If a district notifies the department under ORS 541.327 (Failure or refusal of district to act) (4), the number of acres assessed by the district as of December 31, 2003.

(4) Before submitting a petition under subsection (2) of this section, the district shall send a notice to the user of every parcel whose right of record is to be altered, as evidenced by the district’s records. This notice shall be sent to the last-known address for the user with a return receipt requested. The notice shall include the number of acre-feet of water or its equivalent, for which the user is being assessed, a general description or tax lot of the land to which the water is assigned, a description of the use and a request for confirmation that the information in the notice is correct. Thirty days after the notice is mailed, the district shall prepare a petition and map as described in subsections (1) and (2) of this section. Payment for water by the user or the user’s predecessor for a period of five years before the petition shall create a rebuttable presumption that the number of acres billed and paid by the user or the user’s predecessor is equal to the user’s water right.

(5) Within 30 days after the commission issues a proposed order regarding the petition, the district shall send notice to the users of the district whose right of record is to be altered by the proposed order. This notice shall be sent to the last-known address of the user with a return receipt requested. The notice shall include the number of acres of land, or its equivalent, for which the user is being assessed, a general description or tax lot number of the land to which the water is assigned and a description of the use. In addition to the notice of the proposed order that the district sends to the users, the district shall publish at the same time notice in a newspaper having general circulation in the area in which the water rights are located for a period of at least two weeks. Not less than one publication in each week shall be made. The notice shall state:

(a) The number of acres of water right that each parcel shall receive and the associated priority dates;

(b) That the proposed map and order are available for inspection at the office of the district during normal business hours for a period of 60 days from the date of first publication;

(c) That not less than 60 days after the date of first publication, the commission shall approve the petition and map and issue a final order unless a protest is filed or the petition does not meet the requirements of subsections (1) and (2) of this section; and

(d) That the user has the right to protest the proposed order and map as described in ORS 541.331 (Protest against approval of petition) .

(6) If the commission returns a petition or map to a district for correction, the commission may prescribe a deadline for the petitioner to provide additional information or correct the petition or map. If the petitioner fails to meet the deadline prescribed by the commission, the commission may deny the petition. [1989 c.1000 §3; 1991 c.957 §13; 1993 c.818 §3; 2003 c.691 §2; 2011 c.52 §8]

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

Source: Section 541.329 — Petition for approval of district map; contents; notice to users; corrections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.655 — OR Code / Title 45 / Chapter 545 / Section 545.655
545.655 Notice of petition and terms of contract
Status: in_force

(1) Upon presentation of the petition to the court, the court shall authorize the district to publish a notice describing in substance the terms and conditions of the contract. The district shall cause the notice to be published, for at least four consecutive weeks in three newspapers published within Oregon and designated by the court. One of the newspapers must be published in the county in which the office of the board is located, if such a newspaper exists.

(2) The notice shall contain a general description of the evidences of indebtedness to be liquidated and the amount of indebtedness. The notice shall require all holders of the evidences of indebtedness to file in the proceeding their written dissent from or objection to the contract. The notice shall also state that if such dissent is not filed in writing in the court within 90 days from the date of the first publication of the notice, the owners or holders of the evidences of indebtedness failing to file their dissent or objections shall be considered to have consented to all the terms and conditions of the liquidation of the indebtedness as provided in the contract. Failure within the 90-day period to file dissent and objections with the court shall be the equivalent of the signing, execution and delivery of the contract either personally or through the agency of the protective committee by the known consenting owners or holders of the evidences of indebtedness. [Formerly 545.322]

Source: Section 545.655 — Notice of petition and terms of contract; failure to file dissent; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.525 — OR Code / Title 45 / Chapter 537 / Section 537.525
537.525 Policy
Status: in_force

The Legislative Assembly recognizes, declares and finds that the right to reasonable control of all water within this state from all sources of water supply belongs to the public, and that in order to insure the preservation of the public welfare, safety and health it is necessary that:

(1) Provision be made for the final determination of relative rights to appropriate ground water everywhere within this state and of other matters with regard thereto through a system of registration, permits and adjudication.

(2) Rights to appropriate ground water and priority thereof be acknowledged and protected, except when, under certain conditions, the public welfare, safety and health require otherwise.

(3) Beneficial use without waste, within the capacity of available sources, be the basis, measure and extent of the right to appropriate ground water.

(4) All claims to rights to appropriate ground water be made a matter of public record.

(5) Adequate and safe supplies of ground water for human consumption be assured, while conserving maximum supplies of ground water for agricultural, commercial, industrial, thermal, recreational and other beneficial uses.

(6) The location, extent, capacity, quality and other characteristics of particular sources of ground water be determined.

(7) Reasonably stable ground water levels be determined and maintained.

(8) Depletion of ground water supplies below economic levels, impairment of natural quality of ground water by pollution and wasteful practices in connection with ground water be prevented or controlled within practicable limits.

(9) Whenever wasteful use of ground water, impairment of or interference with existing rights to appropriate surface water, declining ground water levels, alteration of ground water temperatures that may adversely affect priorities or impair the long-term stability of the thermal properties of the ground water, interference among wells, thermal interference among wells, overdrawing of ground water supplies or pollution of ground water exists or impends, controlled use of the ground water concerned be authorized and imposed under voluntary joint action by the Water Resources Commission and the ground water users concerned whenever possible, but by the commission under the police power of the state except as specified in ORS 537.796 (Rules regarding low temperature geothermal appropriations) , when such voluntary joint action is not taken or is ineffective.

(10) Location, construction, depth, capacity, yield and other characteristics of and matters in connection with wells be controlled in accordance with the purposes set forth in this section.

(11) All activities in the state that affect the quality or quantity of ground water shall be consistent with the goal set forth in ORS 468B.155 (State goal to prevent ground water contamination) . [1955 c.708 §2; 1985 c.673 §46; 1989 c.201 §2; 1989 c.833 §56]

Source: Section 537.525 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.293 — OR Code / Title 45 / Chapter 545 / Section 545.293
545.293 Resolution for water distribution works or services
Status: in_force

(1) When the board of directors considers it expedient or necessary to construct, repair or maintain ditches, flumes, dikes, aqueducts or other improvement, as provided in ORS 545.287 (Directors may construct or maintain improvements, levy assessments or provide for charges) , or to employ the services of some competent person to distribute and apportion water for any subdivision, as provided in ORS 545.291 (Apportionment of water to tracts) , the board shall declare its intention by resolution.

(2) A resolution shall be posted in three public places in the subdivision for five days. Within 10 days from the date when the resolution is posted, the owner of any property within a tract may file with the secretary a written remonstrance against the proposed improvement or employment. The board hearing the remonstrances may, in its discretion, overrule any remonstrance and, by resolution, order construction, repair or maintenance of the improvements. The board may either enter into a contract to complete the improvement or, in its discretion, complete the improvement under its own supervision. After the work on the improvement is completed the board shall, by resolution, apportion the costs and declare an assessment upon each tract benefited. The assessments declared under this section shall be final and conclusive. [Formerly 545.412]

Source: Section 545.293 — Resolution for water distribution works or services; hearing of objections; construction, repair or maintenance of improvement; apportionment of costs; assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 555.410 — OR Code / Title 45 / Chapter 555 / Section 555.410
555.410 Repayment of appropriation from receipts of sale of lands
Status: in_force

The sum of $10,000, which was appropriated by section 2, chapter 424, Oregon Laws 1917, shall be considered a loan to the Tumalo Project and shall be returned to the General Fund, together with interest at the legal rate from the date on which the money is made available, from the receipts of the sale of project lands. All expenditures incurred under the provisions of ORS 555.340 (Water rights) , 555.360 (Arrangements to settle, cultivate and reclaim Carey Act lands) and 555.380 (Tumalo Project Fund) shall be paid at the same time and in the same manner as state officers, upon vouchers approved by the Water Resources Commission.

Source: Section 555.410 — Repayment of appropriation from receipts of sale of lands; expenditures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 555.330 — OR Code / Title 45 / Chapter 555 / Section 555.330
555.330 Rules
Status: in_force

The Water Resources Commission shall make all necessary rules and regulations for properly carrying out the provisions of ORS 555.310 (Reclamation of lands in Tumalo Project) to 555.410 (Repayment of appropriation from receipts of sale of lands) .

Source: Section 555.330 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.645 — OR Code / Title 45 / Chapter 545 / Section 545.645
545.645 Terms of contract
Status: in_force

(1) Notwithstanding any other statute expressly or impliedly limiting the powers of the parties named in this section to enter into a contract, a contract under ORS 545.643 (Contract providing plan of liquidation) to 545.667 (State Treasurer as depository) may provide a plan for liquidation of any indebtedness by the district to which the parties may agree. The contract may provide for terms of discount of the principal or interest, times and manner of payment and apportionment of the obligations of the contract over the irrigable or other lands within the district and the water rights appurtenant to those lands. All parties named in subsection (2) of this section may become party to, sign, seal, execute and deliver any contract so agreed upon, according to ORS 545.643 (Contract providing plan of liquidation) to 545.667 (State Treasurer as depository) .

(2) The parties to the contract shall include:

(a) The county courts of the counties in which the lands are located.

(b) The owners or holders of at least 80 percent of the amount of the then outstanding bonds or other evidences of indebtedness of the district, liquidation of which is the purpose of the contract. However, the owners or holders jointly may become party to the contract through the agency of a protective committee selected for that purpose by the owners or holders. The authority of the protective committee in the premises shall sufficiently be evidenced by the deposit, at the request of the protective committee, of at least 80 percent of the amount of the bonds or other evidences of indebtedness with the county treasurer of the county in which the office of the district is located. The bonds or other evidences of indebtedness shall be deposited pursuant to a deposit and agency agreement between the owners or holders and the protective committee.

(c) All persons who own any lands in the district or whose deeds would be required under law in order to convey such title as then is outstanding in private ownership to any lands included in the district or whose transfer of any government or state lands would be required or permitted under law in order to convey such interests then outstanding in private ownership in the lands. However, the lands described in and covered by the contract may be all or part of the lands within the district upon which all of the parties to the contract agree.

(3) The contract shall be executed by all parties with such formalities as will entitle it to be recorded. [Formerly 545.314]

Source: Section 545.645 — Terms of contract; parties; execution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.520 — OR Code / Title 45 / Chapter 536 / Section 536.520
536.520 State agencies and public corporations furnishing information and services to commission
Status: in_force

(1) In order to facilitate and assist in carrying out its functions as provided by law, the Water Resources Commission may:

(a) Call upon state agencies or public corporations of this state to furnish or make available to the commission information concerning the water resources of this state which such state agencies or public corporations have acquired or may acquire in the performance of their functions.

(b) Have access to the records, facilities or projects of state agencies or public corporations of this state, insofar as such records, facilities or projects may concern the water resources of this state or the functions of the commission with regard thereto.

(c) Otherwise utilize the services, records and other facilities of state agencies or public corporations of this state to the maximum extent practicable.

(2) Upon request by the commission, all officers and employees of state agencies or public corporations of this state shall cooperate to the maximum extent practicable with the commission under subsection (1) of this section.

(3) Upon receipt and approval by the commission of approved claims therefor, any special or extraordinary expense incurred by any state agency or public corporation of this state in cooperating with the commission under this section shall be paid by the commission. [1955 c.707 §§27,28]

Source: Section 536.520 — State agencies and public corporations furnishing information and services to commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 536.075 — OR Code / Title 45 / Chapter 536 / Section 536.075
536.075 Judicial review of final order of commission or department
Status: in_force

(1) Any party affected by a final order other than contested case issued by the Water Resources Commission or Water Resources Department may appeal the final order to the Circuit Court of Marion County or to the circuit court of the county in which all or part of the property affected by the final order is situated. Review of the final order must be conducted according to the provisions of ORS 183.484 (Jurisdiction for review of orders other than contested cases) , 183.486 (Form and scope of decision of reviewing court) , 183.497 (Awarding costs and attorney fees when finding for petitioner) and 183.500 (Appeals) . The first page of the final order must state that the final order is a final order other than contested case, that the final order is subject to judicial review under ORS 183.484 (Jurisdiction for review of orders other than contested cases) and that any petition for judicial review of the final order must be filed within the time specified by ORS 183.484 (Jurisdiction for review of orders other than contested cases) (2). Any order other than contested case issued by the commission or department that does not comply with the requirements of this section is not a final order.

(2) Any party affected by a final order in a contested case issued by the commission or department may appeal the order to the Court of Appeals.

(3) An appeal under subsection (2) of this section shall be conducted as provided in ORS 183.482 (Jurisdiction for review of contested cases) except as specifically provided in this section.

(4) The petition for review shall state the facts showing how the petitioner is adversely affected by the final order and the ground or grounds upon which the petitioner contends the final order should be reversed or remanded.

(5) Except as provided in subsections (6) and (7) of this section, the filing of a petition for review in either the circuit court or the Court of Appeals shall stay enforcement of the final order.

(6) If the commission or department determines that substantial public harm will result from staying the final order, the commission or department may deny the stay. The denial shall be in writing and shall specifically state the substantial public harm that will result from staying the final order. Notwithstanding any contrary provision of law, if the petitioner requests a hearing on the denial:

(a) The court shall hold the hearing not more than 21 days after the request is made; and

(b) The denial shall remain in effect until the hearing has been held and the court has issued a decision concerning the denial.

(7) Enforcement of a final order that regulated off a diversion, appropriation or other use of surface or ground water in favor of a senior existing water right of record or senior determined claim:

(a) May only be stayed on appeal if the petition for review is served on the commission or department and proof of the service is filed with the court.

(b) Is not stayed if the commission or department denies the stay under subsection (6) of this section.

(8) If the commission or department receives service of a petition for review pursuant to subsection (7) of this section, not more than five business days after receiving the service the commission or department shall send the petition to the person or federally recognized Indian tribe that made the call for water to enforce the senior existing water right of record or senior determined claim.

(9) The review by the Court of Appeals under subsection (2) of this section shall be on the entire record forwarded by the commission or department. The court may remand the case for further evidence taking, correction or other necessary action. The court may affirm, reverse, modify or supplement the order appealed from, and make such disposition of the case as the court determines to be appropriate.

(10) The provisions of this section do not apply to any proceeding under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication) or ORS chapter 539.

(11) For the purposes of this section:

(a) “Contested case” has the meaning given that term in ORS 183.310 (Definitions for chapter) .

(b) “Determined claim” means a water right determined and established in an order of determination certified by the Water Resources Director under ORS 539.130 (Findings of fact and determination of director) .

(c) “Existing water right of record” has the meaning given that term in ORS 540.045 (Watermaster duties) .

(d) “Final order” has the meaning given that term in ORS 183.310 (Definitions for chapter) . [1985 c.673 §9; 1999 c.791 §1; 2021 c.354 §1]

Source: Section 536.075 — Judicial review of final order of commission or department; stay of order; scope of review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 547.050 — OR Code / Title 45 / Chapter 547 / Section 547.050
547.050 Signing of petition by Governor
Status: in_force

The signing of the petition by the Governor for the organization of a diking or drainage district on behalf of the state shall be deemed to constitute compliance with the provisions of ORS 547.005 (Authority to form drainage district) to 547.015 (Verification and filing of petition) , and any previous such action by the Governor is hereby ratified and confirmed. [Amended by 1969 c.597 §62]

Source: Section 547.050 — Signing of petition by Governor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 542.620 — OR Code / Title 45 / Chapter 542 / Section 542.620
542.620 Klamath River Basin Compact
Status: in_force

The provisions of the Klamath River Basin Compact are as follows:

The major purposes of this compact are, with respect to the water resources of the Klamath River Basin:

A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control thereof for various purposes, including, among others: The use of water for domestic purposes; the development of lands by irrigation and other means; the protection and enhancement of fish, wildlife and recreational resources; the use of water for industrial purposes and hydroelectric power production; and the use and control of water for navigation and flood prevention.

B. To further intergovernmental cooperation and comity with respect to these resources and programs for their use and development and to remove causes of present and future controversies by providing (1) for equitable distribution and use of water among the two states and the Federal Government, (2) for preferential rights to the use of water after the effective date of this compact for the anticipated ultimate requirements for domestic and irrigation purposes in the Upper Klamath River Basin in Oregon and California, and (3) for prescribed relationships between beneficial uses of water as a practicable means of accomplishing such distribution and use.

As used in this compact:

A. “Klamath River Basin” shall mean the drainage area of the Klamath River and all its tributaries within the States of California and Oregon and all closed basins included in the Upper Klamath River Basin.

B. “Upper Klamath River Basin” shall mean the drainage area of the Klamath River and all its tributaries upstream from the boundary between the States of California and Oregon and the closed basins of Butte Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and Crater Lake, as delineated on the official map of the Upper Klamath River Basin approved on September 6, 1956, by the commissions negotiating this compact and filed with the Secretaries of State of the two states and the General Services Administration of the United States, which map is incorporated by reference and made a part hereof.

C. “Commission” shall mean the Klamath River Compact Commission as created by Article IX of this compact.

D. “Klamath Project” of the Bureau of Reclamation of the Department of the Interior of the United States shall mean that area as delineated by appropriate legend on the official map incorporated by reference under subdivision B of this Article.

E. “Person” shall mean any individual or any other entity, public or private, including either state, but excluding the United States.

F. “Keno” shall mean a point on the Klamath River at the present needle dam, or any substitute control dam constructed in section 36, township 39 south, range 7 east, Willamette Base and Meridian.

G. “Water” or “waters” shall mean waters appearing on the surface of the ground in streams, lakes or otherwise, regardless of whether such waters at any time were or will become ground water, but shall not include water extracted from underground sources until after such water is used and becomes surface return flow or waste water.

H. “Domestic use” shall mean the use of water for human sustenance, sanitation and comfort; for municipal purposes; for livestock watering; for irrigation of family gardens; and for other like purposes.

I. “Industrial use” shall mean the use of water in manufacturing operations.

J. “Irrigation use” shall mean the use of water for production of agricultural crops, including grain grown for feeding wildfowl.

A. There are hereby recognized vested rights to the use of waters originating in the Upper Klamath River Basin validly established and subsisting as of the effective date of this compact under the laws of the state in which the use or diversion is made, including rights to the use of waters for domestic and irrigation uses within the Klamath Project. There are also hereby recognized rights to the use of all waters reasonably required for domestic and irrigation uses which may hereafter be made within the Klamath Project.

B. Subject to the rights described in subdivision A of this Article and excepting the uses of water set forth in subdivision E of Article XI, rights to the use of unappropriated waters originating within the Upper Klamath River Basin for any beneficial use in the Upper Klamath River Basin, by direct diversion or by storage for later use, may be acquired by any person after the effective date of this compact by appropriation under the laws of the state where the use is to be made, as modified by the following provisions of this subdivision B and subdivision C of this Article, and may not be acquired in any other way:

1. In granting permits to appropriate waters under this subdivision B, as among conflicting applications to appropriate when there is insufficient water to satisfy all such applications, each state shall give preference to applications for a higher use over applications for a lower use in accordance with the following order of uses:

(a) Domestic use,

(b) Irrigation use,

(c) Recreational use, including use for fish and wildlife,

(d) Industrial use,

(e) Generation of hydroelectric power,

(f) Such other uses as are recognized under the laws of the state involved.

These uses are referred to in this compact as uses (a), (b), (c), (d), (e) and (f), respectively. Except as to the superiority of rights to the use of water for use (a) or (b) over the rights to the use of water for use (c), (d), (e) or (f), as governed by subdivision C of this Article, upon a permit being granted and a right becoming vested and perfected by use, priority in right to the use of water shall be governed by priority in time within the entire Upper Klamath River Basin regardless of state boundaries. The date of priority of any right to the use of water appropriated for the purposes above enumerated shall be the date of the filing of the application therefor, but such priority shall be dependent on commencement and completion of construction of the necessary works and application of the water to beneficial use with due diligence and within the times specified under the laws of the state where the use is to be made. Each state shall promptly provide the commission and the appropriate official of the other state with complete information as to such applications and as to all actions taken thereon.

2. Conditions on the use of water under this subdivision B in Oregon shall be:

(a) That there shall be no diversion of waters from the Upper Klamath River Basin, but this limitation shall not apply to out-of-basin diversions of waters originating within the drainage area of Fourmile Lake.

(b) That water diverted from Upper Klamath Lake and the Klamath River and its tributaries upstream from Keno, Oregon, for use in Oregon and not consumed therein and appearing as surface return flow and waste water within the Upper Klamath River Basin shall be returned to the Klamath River or its tributaries above Keno, Oregon.

3. Conditions on the use of water under this subdivision B in California shall be:

(a) That the waters diverted from the Klamath River within the Upper Klamath River Basin for use in California shall not be taken outside the Upper Klamath River Basin.

(b) That substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, Oregon.

C. 1. All rights, acquired by appropriation after the effective date of this compact, to use waters originating within the Upper Klamath River Basin for use (a) or (b) in the Upper Klamath River Basin in either state shall be superior to any rights, acquired after the effective date of this compact, to use such waters (i) for any purpose outside the Klamath River Basin by diversion in California or (ii) for use (c), (d), (e) or (f) anywhere in the Klamath River Basin. Such superior rights shall exist regardless of their priority in time and may be exercised with respect to inferior rights without the payment of compensation. But such superior rights to use water for use (b) in California shall be limited to the quantity of water necessary to irrigate 100,000 acres of land, and in Oregon shall be limited to the quantity of water necessary to irrigate 200,000 acres of land.

2. The provisions of paragraph 1 of this subdivision C shall not prohibit the acquisition and exercise after the effective date of this compact of rights to store waters originating within the Upper Klamath River Basin and to make later use of such stored water for any purpose, as long as the storing of waters for such later use, while being effected, does not interfere with the direct diversion or storage of such waters for use (a) or (b) in the Upper Klamath River Basin.

It shall be the objective of each state, in the formulation and the execution and the granting of authority for the formulation and execution of plans for the distribution and use of the water of the Klamath River Basin, to provide for the most efficient use of available power head and its economic integration with the distribution of water for other beneficial uses in order to secure the most economical distribution and use of water and lowest power rates which may be reasonable for irrigation and drainage pumping, including pumping from wells.

INTERSTATE DIVERSION AND STORAGE RIGHTS; MEASURING DEVICES

A. Each state hereby grants for the benefit of the other and its designees the right to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Upper Klamath River Basin in one state for use in the other insofar as the exercise of such right may be necessary to effectuate and comply with the terms of this compact. The location of such facilities shall be subject to approval by the commission.

B. Each state or its designee, exercising within the jurisdiction of the other a right granted under subdivision A of this Article, shall make provision for the establishment, operation and maintenance of permanent gaging stations at such points on streams or reservoir or conveyance facilities as may be required by the commission for the purpose of ascertaining and recording the volume of diversions by the streams or facilities involved. Said stations shall be equipped with suitable devices for determining the flow of water at all times. All information obtained from such stations shall be compiled in accordance with the standards of the United States Geological Survey, shall be filed with the commission, and shall be available to the public.

ACQUISITION OF PROPERTY FOR STORAGE AND DIVERSION; IN LIEU TAXES

A. Subject to approval of the commission, either state shall have the right (1) to acquire such property rights in the other state as are necessary for the diversion, storage, conveyance, measurement and use of water in conformity with this compact, by donation or purchase, or (2) to elect to have the other state acquire such property rights for it by purchase or through the exercise of the power of eminent domain. A state making the latter election shall make a written request therefor and the other state shall expeditiously acquire said property rights either by purchase at a price satisfactory to the requesting state, or, if such purchase cannot be made, then through the exercise of its power of eminent domain, and shall convey said property rights to the requesting state or its designee. All costs of such acquisition shall be paid by the requesting state. Neither state shall have any greater power to acquire property rights for the other state through the exercise of the power of eminent domain than it would have under its laws to acquire the same property rights for itself.

B. Should any diversion, storage or conveyance facilities be constructed or acquired in either state for the benefit of the other state, as herein provided, the construction, repair, replacement, maintenance and operation of such facilities shall be subject to the laws of the state in which the facilities are located, except that the proper officials of that state shall permit the storage, release and conveyance of any water to which the other state is entitled under this compact.

C. Either state having property rights other than water rights in the other state acquired as provided in this Article shall pay to each political subdivision of the state in which such property rights are located, each and every year during which such rights are held, a sum of money equivalent to the average annual amount of taxes assessed against those rights during the 10 years preceding the acquisition of such rights in reimbursement for the loss of taxes to such political subdivisions of the state. Payments so made to a political subdivision shall be in lieu of any and all taxes by that subdivision on the property rights for which the payments are made.

A. The states recognize that the growth of population and the economy of the Upper Klamath River Basin can result in pollution of the waters of the Upper Klamath River Basin constituting a menace to the health and welfare of, and occasioning economic loss to, people living or having interests in the Klamath River Basin. The states recognize further that protection of the beneficial uses of the waters of the Klamath River Basin requires cooperative action of the two states in pollution abatement and control.

B. To aid in such pollution abatement and control, the commission shall have the duty and power:

1. To cooperate with the states or agencies thereof or other entities and with the United States for the purpose of promoting effective laws and the adoption of effective regulations for abatement and control of pollution of the waters of the Klamath River Basin, and from time to time to recommend to the governments reasonable minimum standards for the quality of such waters.

2. To disseminate to the public by any and all appropriate means information respecting pollution abatement and control in the waters of the Klamath River Basin and on the harmful and uneconomic results of such pollution.

C. Each state shall have the primary obligation to take appropriate action under its own laws to abate and control interstate pollution, which is defined as the deterioration of the quality of the waters of the Upper Klamath River Basin within the boundaries of such state which materially and adversely affects beneficial uses of waters of the Klamath River Basin in the other state. Upon complaint to the commission by the state water pollution control agency of one state that interstate pollution originating in the other state is not being prevented or abated, the procedure shall be as follows:

1. The commission shall make an investigation and hold a conference on the alleged interstate pollution with the water pollution control agencies of the two states, after which the commission shall recommend appropriate corrective action.

2. If appropriate corrective action is not taken within a reasonable time, the commission shall call a hearing, giving reasonable notice in writing thereof to the water pollution control agencies of the two states and to the person or persons which it is believed are causing the alleged interstate pollution. Such hearing shall be held in accordance with rules and regulations of the commission, which shall conform as nearly as practicable with the laws of the two states governing administrative hearings. At the conclusion of such hearing, the commission shall make a finding as to whether interstate pollution exists, and if so, shall issue to any person or persons which the commission finds are causing such interstate pollution an order or orders for correction thereof.

3. It shall be the duty of the person against whom any such order is issued to comply therewith. Any court of general jurisdiction of the state where such discharge is occurring or the United States District Court for the district where the discharge is occurring shall have jurisdiction, on petition of the commission for enforcement of such order, to compel action by mandamus, injunction, specific performance, or any other appropriate remedy, or on petition of the person against whom the order is issued to review any order. At the conclusion of such enforcement or review proceedings, the court may enter such decree or judgment affirming, reversing, modifying, or remanding such order as in its judgment is proper in the circumstances on the basis of the rules customarily applicable in proceedings for court enforcement or review of administrative actions.

D. The water pollution control agencies of the two states shall, from time to time, make available to the commission all data relating to the quality of the waters of the Upper Klamath River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made.

A. Subject to vested rights as of the effective date of this compact, there shall be no diversion of waters from the basin of Jenny Creek to the extent that such waters are required, as determined by the commission, for use on land within the basin of Jenny Creek.

B. Each state shall exercise whatever administrative, judicial, legislative or police powers it has that are required to provide any necessary reregulation or other control over the flow of the Klamath River downstream from any hydroelectric power plant for protection of fish, human life or property from damage caused by fluctuations resulting from the operation of such plant.

A. 1. There is hereby created a commission to administer this compact. The commission shall consist of three members. The representative of the State of California shall be the Department of Water Resources. The representative of the State of Oregon shall be the Water Resources Commission of Oregon who shall serve as ex officio representative of the Water Resources Commission of Oregon. The President is requested to appoint a federal representative who shall be designated and shall serve as provided by the laws of the United States.

2. The representative of each state shall be entitled to one vote in the commission. The representative of the United States shall serve as chairman of the commission without vote. The compensation and expenses of each representative shall be fixed and paid by the government which he represents. Any action by the commission shall be effective only if it be agreed to by both voting members.

3. The commission shall meet to establish its formal organization within 60 days after the effective date of this compact, such meeting to be at the call of the Governors of the two states. The commission shall then adopt its initial set of rules and regulations governing the management of its internal affairs providing for, among other things, the calling and holding of meetings, the adoption of a seal, and the authority and duties of the chairman and executive director. The commission shall establish its office within the Upper Klamath River Basin.

4. The commission shall appoint an executive director, who shall also act as secretary, to serve at the pleasure of the commission and at such compensation, under such terms and conditions and performing such duties as it may fix. The executive director shall be the custodian of the records of the commission with authority to affix the commission’s official seal, and to attest to and certify such records or copies thereof. The commission, without regard to the provisions of the civil service laws of either state, may appoint and discharge such consulting, clerical and other personnel as may be necessary for the performance of the commission’s functions, may define their duties, and may fix and pay their compensation. The commission may require the executive director and any of its employees to post official bonds, and the cost thereof shall be paid by the commission.

5. All records, files and documents of the commission shall be open for public inspection at its office during established office hours.

6. No member, officer or employee of the commission shall be liable for injury or damage resulting from (a) action taken by such member, officer or employee in good faith and without malice under the apparent authority of this compact, even though such action is later judicially determined to be unauthorized, or (b) the negligent or wrongful act or omission of any other person, employed by the commission and serving under such officer, member or employee, unless such member, officer or employee either failed to exercise due care in the selection, appointment or supervision of such other person, or failed to take all available action to suspend or discharge such other person after knowledge or notice that such other person was inefficient or incompetent to perform the work for which he was employed. No suit may be instituted against a member, officer or employee of the commission for damages alleged to have resulted from the negligent or wrongful act or omission of such member, officer or employee or a subordinate thereof occurring during the performance of his official duties unless, within 90 days after occurrence of the incident, a verified claim for damages is presented in writing and filed with such member, officer or employee and with the commission. In the event of a suit for damages against any member, officer or employee of the commission on account of any act or omission in the performance of his or his subordinates’ official duties, the commission shall arrange for the defense of such suit and may pay all expenses therefor on behalf of such member, officer or employee. The commission may at its expense insure its members, officers and employees against liability resulting from their acts or omissions in the performance of their official duties. Nothing in this paragraph shall be construed as imposing any liability upon any member, officer or employee of the commission that he would otherwise not have.

7. The commission may incur obligations and pay expenses which are necessary for the performance of its functions. But it shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the constitution of such government, nor shall the commission incur any obligations prior to the availability of funds adequate to meet them.

8. The commission may:

(a) Borrow, accept or contract for the services of personnel from any government or agency thereof, from any intergovernmental agency, or from any other entity.

(b) Accept for any of its purposes and functions under this compact any and all donations, gifts, grants of money, equipment, supplies, materials and services from any government or agency thereof or intergovernmental agency or from any other entity.

(c) Acquire, hold and dispose of real and personal property as may be necessary in the performance of its functions.

(d) Make such studies, surveys and investigations as are necessary in carrying out the provisions of this compact.

9. All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive sessions under such rules and regulations as may be established therefor.

10. In the case of the failure of the two voting members of the commission to agree on any matter relating to the administration of this compact as provided in paragraph 2 of this subdivision A, the representative from each state shall appoint one person and the two appointed persons shall appoint a third person. The three appointees shall sit as an arbitration forum. The terms of appointment and the compensation of the members of the arbitration forum shall be fixed by the commission. Matters on which the two voting members of the commission have failed to agree shall be decided by a majority vote of the members of the arbitration forum. Each state obligates itself to abide by the decision of the arbitration forum, subject, however, to the right of each state to have the decision reviewed by a court of competent jurisdiction.

11. The commission shall have the right of access, through its authorized representatives, to all properties in the Klamath River Basin whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce its right of access.

B. 1. The commission shall submit to the Governor or designated officer of each state a budget of its estimated expenditures for such period and at such times as may be required by the laws of that state for presentation to the legislature thereof. Each state pledges itself to appropriate and pay over to the commission one-half of the amount required to finance the commission’s estimated expenditures as set forth in each of its budgets, and pledges further that concurrently with approval of this compact by its legislature the sum of not less than $12,000 will be appropriated by it to be paid over to the commission at its first meeting for use in financing the commission’s functions until the commission can prepare its first budget and receive its first appropriation thereunder from the states.

2. The commission shall keep accurate accounts of all receipts and disbursements, which shall be audited yearly by a certified public accountant, and the report of the audit shall be made a part of its annual report. The accounts of the commission shall be open for public inspection during established office hours.

3. The commission shall make and transmit to the legislature and Governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.

C. 1. The commission shall have the power to adopt, and to amend or repeal, such rules and regulations to effectuate the purposes of this compact as in its judgment may be appropriate.

2. Except as to matters involving exclusively the management of the internal affairs of the commission and its staff or involving emergency matters, prior to the adoption, amendment or repeal of any rule or regulation the commission shall hold a hearing at which any interested person shall have the opportunity to present his views on the proposed action in writing, with or without the opportunity to present the same orally. The commission shall give adequate advance notice in a reasonable manner of the time, place and subject of such hearings.

3. Emergency rules and regulations may be adopted without a prior hearing, but in such case they may be effective for not longer than 90 days.

4. The commission shall publish its rules and regulations in convenient form.

A. Nothing in this compact shall be deemed:

1. To affect adversely the present rights of any individual Indian, tribe, band or community of Indians to the use of the waters of the Klamath River Basin for irrigation.

2. To deprive any individual Indian, tribe, band or community of Indians of any rights, privileges, or immunities afforded under federal treaty, agreement or statute.

3. To affect the obligations of the United States of America to the Indians, tribes, bands or communities of Indians, and their reservations.

4. To alter, amend or repeal any of the provisions of the Act of August 13, 1954, (68 Stat. 718) as it may be amended.

B. Lands within the Klamath Indian Reservation which are brought under irrigation after the effective date of this compact, whether before or after section 14 of said Act of August 13, 1954, becomes fully operative, shall be taken into account in determining whether the 200,000 acre limitation provided in paragraph 1 of subdivision C of Article III has been reached.

Nothing in this compact shall be deemed:

A. To impair or affect any rights, powers or jurisdiction of the United States, its agencies or those acting by or under its authority, in, over and to the waters of the Klamath River Basin, nor to impair or affect the capacity of the United States, its agencies or those acting by or under its authority in any manner whatsoever, except as otherwise provided by the federal legislation enacted for the implementation of this compact as specified in Article XIII.

B. To subject any property of the United States, its agencies or instrumentalities, to taxation by either state or any subdivision thereof, unless otherwise provided by Act of Congress.

C. To subject any works or property of the United States, its agencies, instrumentalities or those acting by or under its authority, used in connection with the control or use of waters which are the subject of this compact, to the laws of any state to an extent other than the extent to which those laws would apply without regard to this compact, except as otherwise provided by the federal legislation enacted for the implementation of this compact as specified in Article XIII.

D. To affect adversely the existing areas of Crater Lake National Park or Lava Beds National Monument, or to limit the operation of laws relating to the preservation thereof.

E. To apply to the use of water for the maintenance, on the scale at which such land and water areas are maintained as of the effective date of this compact, of officially designated waterfowl management areas, including water consumed by evaporation and transpiration on water surface areas and water used for irrigation or otherwise in the Upper Klamath River Basin; nor to affect the rights and obligations of the United States under any migratory bird treaty or the Migratory Bird Conservation Act (45 Stat. 1222), as amended to the effective date of this compact.

A. Each state and all persons using, claiming or in any manner asserting any right to the use of the waters of the Klamath River Basin under the authority of either state shall be subject to the terms of this compact.

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

C. Should a court of competent jurisdiction hold any part of this compact to be contrary to the Constitution of either state or the United States, all other provisions shall continue in full force and effect, unless it is authoritatively and finally determined judicially that the remaining provisions cannot operate for the purposes, or substantially in the manner, intended by the states independently of the portions declared unconstitutional or invalid.

D. Except as to matters requiring the exercise of discretion by the commission, the provisions of this compact shall be self-executing and shall by operation of law be conditions of the various state permits, licenses or other authorizations relating to the waters of the Klamath River Basin issued after the effective date of this compact.

E. The physical and other conditions peculiar to the Klamath River Basin constitute the basis for this compact, and neither of the states hereby, nor the Congress of the United States by its consent, considers that this compact establishes any general principle or precedent with respect to any other interstate stream.

A. This compact shall become effective when ratified by the legislature of each signatory state, and when consented to by an Act of Congress of the United States which will, in substance, meet the provisions hereinafter set forth in this Article.

B. The Act of Congress referred to in subdivision A of this Article shall provide that the United States or any agency thereof, and any entity acting under any license or other authority granted under the laws of the United States (referred to in this Article as “the United States”), in connection with developments undertaken after the effective date of this compact pursuant to laws of the United States, shall comply with the following requirements:

1. The United States shall recognize and be bound by the provisions of subdivision A of Article III.

2. The United States shall not, without payment of just compensation, impair any rights to the use of water for use (a) or (b) within the Upper Klamath River Basin by the exercise of any powers or rights to use or control water (i) for any purpose whatsoever outside the Klamath River Basin by diversions in California or (ii) for any purpose whatsoever within the Klamath River Basin other than use (a) or (b). But the exercise of powers and rights by the United States shall be limited under this paragraph 2 only as against rights to the use of water for use (a) or (b) within the Upper Klamath River Basin which are acquired as provided in subdivision B of Article III after the effective date of this compact, but only to the extent that annual depletions in the flow of the Klamath River at Keno resulting from the exercise of such rights to use water for uses (a) and (b) do not exceed 340,000 acre-feet in any one calendar year.

3. The United States shall be subject to the limitation on diversions of waters from the basin of Jenny Creek as provided in subdivision A of Article VIII.

4. The United States shall be governed by all the limitations and provisions of paragraph 2 and subparagraph (a) of paragraph 3 of subdivision B of Article III.

5. The United States, with respect to any irrigation or reclamation development undertaken by the United States in the Upper Klamath River Basin in California, shall provide that substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, unless the Secretary of the Interior shall determine that compliance with this requirement would render it less feasible than under an alternate plan of development, in which event such return flows and waste waters shall be returned to the Klamath River at a point above Copco Lake.

C. Upon enactment of the Act of Congress referred to in subdivision A of this Article and so long as such Act shall be in effect, the United States, when exercising rights to use water pursuant to state law, shall be entitled to all of the same privileges and benefits of this compact as any person exercising similar rights.

D. Such Act of Congress shall not be construed as relieving the United States of any requirement of compliance with state law which may be provided by other federal statutes.

This compact may be terminated at any time by legislative consent of both states, but despite such termination, all rights then established hereunder or recognized hereby shall continue to be recognized as valid by the states.

[1957 c.142 §2]

Source: Section 542.620 — Klamath River Basin Compact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 540.589 — OR Code / Title 45 / Chapter 540 / Section 540.589
540.589 Ratification of prior transfer of water rights to irrigation district
Status: in_force

All attempted transfers or sales, prior to March 6, 1931, to an irrigation district, of water rights which theretofore had been appurtenant to lands located in the district and which lands at the time of the attempted transfer or sale were owned by the county, shall be considered to be legal and binding, and the water rights which were appurtenant to such lands shall be considered to have become the property of the district to which attempted to be conveyed, but appurtenant only to lands within the boundaries of the district as they existed on March 6, 1931, if the irrigation district applied to the Water Resources Director, within five years after March 6, 1931, under the provisions of section 47-712, Oregon Code 1930, as amended by chapter 102, Oregon Laws 1931, to have the water rights made appurtenant to other lands within the irrigation district. In that event, the county shall sell the lands without any water rights being appurtenant thereto. If the irrigation district failed within five years after March 6, 1931, to make such application, then title to the water rights shall be considered to have been forfeited. [Formerly 540.550]

Source: Section 540.589 — Ratification of prior transfer of water rights to irrigation district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.270 — OR Code / Title 45 / Chapter 543 / Section 543.270
543.270 Preference in granting permit or license
Status: in_force

In issuing preliminary permits, and in issuing licenses where no preliminary permit is held by an applicant for a license, preference shall be given to the application which appears to the Water Resources Commission to be best adapted to conserve and utilize the water power involved. However, any application for the use of water made by any municipal corporation of this state under any law of the state, before a preliminary permit is issued, or before a license is issued when no preliminary permit upon the proposed project has been issued, shall always have preference. [Amended by 1985 c.673 §151]

Source: Section 543.270 — Preference in granting permit or license; municipal use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.381 — OR Code / Title 45 / Chapter 545 / Section 545.381
545.381 Annual assessments
Status: in_force

(1) On or before the first Tuesday in April of each year, the board of directors shall make a computation of the whole amount of money necessary to be raised by the district for the ensuing year for any purpose whatsoever in carrying out the Irrigation District Law, including estimated delinquencies on assessments. The board may provide for a reasonable maintenance and operation reserve fund. The amount determined by the board shall constitute an assessment upon all the land included in the district. The amount determined by the board shall be apportioned by the board to the lands owned or held by each person so that each acre of irrigable land in the district shall be assessed and required to pay the same amount, except as otherwise provided in this section and ORS 545.385 (Certain lands may be assessed at different amounts) , 545.387 (Assessment on benefit basis) , 545.389 (Deduction for rights or property required by district) , 545.391 (Assessments for contracts with United States) and 545.413 (Record of assessments and apportionments) .

(2) The board of directors shall determine the number of irrigable acres owned by each landowner in the district and the proportionate assessments as nearly as may be from available information. If a substantial error is made in the determination, proper adjustment may be made at the next equalization of the annual assessment by increasing or decreasing the amount any landowner shall pay. Any lands owned by any person totaling less than one acre in area shall be assessed as one acre.

(3) Until such time as the water rights appurtenant to any tract of land within an irrigation district are acquired by the district, the assessments against that land, except for operation, maintenance and drainage, shall be in the same proportion to a full assessment as the additional water right to be supplied to the tract bears to a full water right. For operation, maintenance and drainage, each irrigable acre in the district shall be assessed the same, except as otherwise provided in ORS 545.387 (Assessment on benefit basis) , 545.389 (Deduction for rights or property required by district) , 545.391 (Assessments for contracts with United States) and 545.413 (Record of assessments and apportionments) . [Formerly 545.432; 2001 c.215 §19]

Source: Section 545.381 — Annual assessments; computation of amount to be raised; apportionment; determination of acreage and assessments; credit for water rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.310 — OR Code / Title 45 / Chapter 536 / Section 536.310
536.310 Purposes and policies to be considered in formulating state water resources program
Status: in_force

In formulating the water resources program under ORS 536.300 (Formulation of state water resources program) (2), the Water Resources Commission shall take into consideration the purposes and declarations enumerated in ORS 536.220 (Policy on water resources generally) and also the following additional declarations of policy:

(1) Existing rights, established duties of water, and relative priorities concerning the use of the waters of this state and the laws governing the same are to be protected and preserved subject to the principle that all of the waters within this state belong to the public for use by the people for beneficial purposes without waste;

(2) It is in the public interest that integration and coordination of uses of water and augmentation of existing supplies for all beneficial purposes be achieved for the maximum economic development thereof for the benefit of the state as a whole;

(3) That adequate and safe supplies be preserved and protected for human consumption, while conserving maximum supplies for other beneficial uses;

(4) Multiple-purpose impoundment structures are to be preferred over single-purpose structures; upstream impoundments are to be preferred over downstream impoundments. The fishery resource of this state is an important economic and recreational asset. In the planning and construction of impoundment structures and milldams and other artificial obstructions, due regard shall be given to means and methods for its protection;

(5) Competitive exploitation of water resources of this state for single-purpose uses is to be discouraged when other feasible uses are in the general public interest;

(6) In considering the benefits to be derived from drainage, consideration shall also be given to possible harmful effects upon ground water supplies and protection of wildlife;

(7) The maintenance of minimum perennial streamflows sufficient to support aquatic life, to minimize pollution and to maintain recreation values shall be fostered and encouraged if existing rights and priorities under existing laws will permit;

(8) Watershed development policies shall be favored, whenever possible, for the preservation of balanced multiple uses, and project construction and planning with those ends in view shall be encouraged;

(9) Due regard shall be given in the planning and development of water recreation facilities to safeguard against pollution;

(10) It is of paramount importance in all cooperative programs that the principle of the sovereignty of this state over all the waters within the state be protected and preserved, and such cooperation by the commission shall be designed so as to reinforce and strengthen state control;

(11) Local development of watershed conservation, when consistent with sound engineering and economic principles, is to be promoted and encouraged;

(12) When proposed uses of water are in mutually exclusive conflict or when available supplies of water are insufficient for all who desire to use them, preference shall be given to human consumption purposes over all other uses and for livestock consumption, over any other use, and thereafter other beneficial purposes in such order as may be in the public interest consistent with the principles of chapter 707, Oregon Laws 1955, under the existing circumstances; and

(13) Notwithstanding any other provision of this section, when available supplies of water are insufficient in the South Umpqua River to provide for both the needs of human consumption pursuant to a municipal water right and the maintenance of previously established minimum streamflows, preference shall be given to the municipal needs if the municipality adopts and enforces an ordinance restricting use of the water so obtained to direct human consumption uses. [1955 c.707 §10(3); 1979 c.170 §1; 1987 c.546 §1]

Note: The Legislative Counsel has not, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) , undertaken to substitute specific ORS references for the words “chapter 707, Oregon Laws 1955,” in 536.310 (Purposes and policies to be considered in formulating state water resources program) and 536.330 (Water Resources Act as supplemental to and including existing statutes) . Chapter 707, Oregon Laws 1955, enacted into law and amended the ORS sections which may be found by referring to the 1955 Comparative Section Table located in Volume 22 of Oregon Revised Statutes.

Source: Section 536.310 — Purposes and policies to be considered in formulating state water resources program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 548.950 — OR Code / Title 45 / Chapter 548 / Section 548.950
548.950 Appearance of interested parties
Status: in_force

Any interested party may appear in the proceedings. Costs and disbursements may be allowed and divided between the parties or taxed to the losing party or parties in the discretion of the court. [1973 c.415 §12]

Source: Section 548.950 — Appearance of interested parties; costs and disbursements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 548.715 — OR Code / Title 45 / Chapter 548 / Section 548.715
548.715 Debt refunding agreements
Status: in_force

Whenever any irrigation or drainage district engaged in the refunding of its indebtedness has entered into a contract for such purposes with 80 percent or more of the owners or holders of its bonds, warrants or other evidences of indebtedness, such district may proceed to obtain the constructive consent of the unknown or nonconsenting owners or holders of such evidences of indebtedness to such contract, as provided by ORS 545.651 (Constructive consent of holders of outstanding indebtedness) to 545.663 (Nature of proceeding) .

Source: Section 548.715 — Debt refunding agreements; obtaining consent of unknown or nonconsenting creditors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 549.120 — OR Code / Title 45 / Chapter 549 / Section 549.120
549.120 Procedure
Status: in_force

Thereupon the court shall appoint three disinterested householders of the county as a commission and shall issue an order directing them to meet on a day named in the order, after subscribing to an oath or affirmation to faithfully and impartially discharge the duties of their appointment. At least three days’ notice of the time and place of the meeting shall be given to all persons through whose lands the ditch is to be located or upon whose lands the natural stream is to be straightened, enlarged, or its banks are to be strengthened or built up.

Source: Section 549.120 — Procedure; appointment of commissioners; order to commissioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 547.235 — OR Code / Title 45 / Chapter 547 / Section 547.235
547.235 Exceptions to report or assessment
Status: in_force

The drainage district or any owner of land in the district may file exceptions to the report or to any assessment of either benefits or damages, within 10 days after the last day of publication of the notice provided for in ORS 547.230 (Notice of report of commissioners) . All exceptions shall be heard by the court and such amendments and modifications made to the report of the commissioners as may in the court’s judgment be equitable. When it appears to the satisfaction of the court, after having heard and determined all the exceptions, that the estimated cost of the improvement contemplated in the plan for reclamation is less than the benefits to be derived therefrom, the court shall approve and confirm the commissioners’ report, as so amended and modified. The county clerk shall transmit a certified copy of the judgment and copy of the commissioners’ report, as confirmed or amended by the court, to the secretary of the board of supervisors of the district and to the clerk of each county having lands in the district, or affected by the report, where the same shall become a permanent record. Each such county clerk shall receive a fee of $3.75 for receiving, filing and preserving the same. Any person may appeal from the judgment of the court. [Amended by 1971 c.621 §39; 1975 c.607 §42; 1979 c.833 §34; 1981 c.835 §16; 2003 c.576 §508]

Source: Section 547.235 — Exceptions to report or assessment; hearing by court; modifications; transmission of judgment and report to supervisors and county clerks; appeal from judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 541.973 — OR Code / Title 45 / Chapter 541 / Section 541.973
541.973 Stewardship agreements
Status: in_force

(1) As used in this section, “stewardship agreement” means an agreement voluntarily entered into and signed by a landowner, or representative of the landowner, and the State Department of Agriculture or the State Board of Forestry that sets forth the terms under which the landowner will self-regulate to meet and exceed applicable regulatory requirements and achieve conservation, restoration and improvement of fish and wildlife habitat or water quality.

(2) The State Department of Agriculture and the State Board of Forestry may, individually or jointly, enter into stewardship agreements with landowners.

(3) The purposes of a stewardship agreement are to provide:

(a) An incentive for landowners to provide for conservation, restoration and improvement of fish and wildlife habitat or water quality;

(b) A mechanism to coordinate, facilitate and memorialize a landowner’s compliance with the requirements of state and federal regulatory schemes; and

(c) A mechanism to combine or coordinate multiple incentive programs among agencies and levels of government to:

(A) Improve the delivery of financial and technical assistance to landowners engaged in conservation activities;

(B) Reduce redundancy among programs;

(C) Simplify application procedures;

(D) Leverage the investment of federal funds;

(E) Make more efficient use of technical assistance funds;

(F) Provide greater incentives for landowners;

(G) Foster partnerships and improve cooperation with nongovernmental organizations;

(H) Provide greater environmental benefits;

(I) Tailor and more effectively target conservation programs administered by federal, state and local governments to the unique conservation needs of, and opportunities presented by, individual parcels of eligible land; and

(J) Give landowners an increased level of regulatory certainty.

(4) The State Board of Forestry and the State Department of Agriculture, in consultation with the State Department of Fish and Wildlife, shall adopt by rule procedures and criteria for stewardship agreements. The procedures and criteria shall include, but need not be limited to:

(a) The certification of a land management plan which shall, at a minimum, include:

(A) A comprehensive description and inventory of the subject property, its features and uses; and

(B) A prescription for the protection of resources that exceeds land management practices, standards and activities otherwise required by law and that is designed to achieve conservation, restoration and improvement of fish and wildlife habitat or water quality.

(b) A requirement that each landowner subject to a stewardship agreement demonstrate a clear capability to carry out the provisions of the land management plan and have a past record of good compliance with applicable laws and regulations regarding land use and management.

(5) Each government agency that is a party to a stewardship agreement shall conduct periodic audits on lands subject to the stewardship agreement to determine whether the land management plan is being implemented and whether the agreement should be continued, revised or discontinued.

(6) Stewardship agreements may provide benefits to landowners that include, but are not limited to:

(a) Expedited permit processing;

(b) Regulatory certainty;

(c) Priority consideration for cost-share assistance or other financial incentives and technical assistance; and

(d) Government certification that certain land management practices have been implemented.

(7) Within a stewardship agreement and on a case-by-case basis, the State Department of Agriculture or the State Board of Forestry may provide a landowner with an increased level of regulatory certainty regarding state rules. The stewardship agreement may identify specific voluntary landowner actions that exceed regulatory requirements. In return, the State Department of Agriculture or the State Board of Forestry may agree to exempt the landowner from future changes to a specific rule.

(8) The State Department of Agriculture and the State Board of Forestry may, individually or jointly, make a binding determination that activities undertaken by a particular landowner, or a representative of the landowner, as part of a stewardship agreement are consistent with the purposes and policies of any relevant Safe Harbor Agreements or Candidate Conservation Agreements entered into between the State of Oregon and agencies of the United States Government, pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.) and federal regulations. [Formerly 541.423]

Note: 541.973 (Stewardship agreements) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.973 — Stewardship agreements; contents; procedures for adoption; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.902 — OR Code / Title 45 / Chapter 541 / Section 541.902
541.902 Executive director of Oregon Watershed Enhancement Board
Status: in_force

(1) Subject to confirmation by the Senate in the manner provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) , the Governor shall appoint an executive director of the Oregon Watershed Enhancement Board. The executive director shall be an individual qualified by training and experience and shall serve for a term of four years, at the pleasure of the Governor.

(2) The executive director shall receive a salary as provided by law or, if not so provided, as prescribed by the Governor.

(3) In addition to salary, but subject to any applicable law regulating travel and other expenses of state officers and employees, the executive director shall be reimbursed for actual and necessary travel and other expenses incurred by the executive director in the performance of official duties.

(4) Subject to any applicable provisions of the State Personnel Relations Law, the executive director shall appoint all subordinate officers and employees of the board, prescribe their duties and fix their compensation. [Formerly 541.362]

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

Source: Section 541.902 — Executive director of Oregon Watershed Enhancement Board; appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.135 — OR Code / Title 45 / Chapter 537 / Section 537.135
537.135 Permit required to appropriate water for recharging ground water sources
Status: in_force

(1) The appropriation of water for the purpose of recharging ground water basins or reservoirs is declared to be for a beneficial purpose. Permits for such appropriation may be granted by the Water Resources Department on application made therefor. Any such application shall substantially comply with ORS 537.140 (Application for permit) and shall be subject to the provisions of ORS 537.150 (Filing of application) to 537.230 (Time allowed for construction of irrigation or other work) , as are other applications and permits to appropriate water.

(2) Any person proposing to apply to a beneficial use the water stored artificially in any such ground water basin or 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 537.230 (Time allowed for construction of irrigation or other work) . The application shall refer to the artificially recharged ground water basin or reservoir as a supply of water and shall include the written consent of the holder of the recharge permit or certificate to appropriate the artificially recharged water.

(3) The Water Resources Commission shall develop standards that an applicant must meet before the department approves a permit to appropriate water for the purpose of recharging ground water.

(4) Before issuing a permit for the purpose of recharging ground water, the department shall determine, under ORS 537.170 (Contested case hearing on application) , whether the proposed ground water recharge project would impair or be detrimental to the public interest.

(5) The department shall not issue a ground water recharge permit unless the supplying stream has a minimum perennial streamflow established for the protection of aquatic and fish life. The State Department of Fish and Wildlife may waive this prerequisite if a minimum perennial streamflow for protection of aquatic and fish life is not required for the supplying stream. [1961 c.402 §1; 1985 c.673 §26; 1987 c.499 §1; 1995 c.416 §3]

Source: Section 537.135 — Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.500 — OR Code / Title 45 / Chapter 536 / Section 536.500
536.500 Acceptance and expenditure of moneys from public and private sources
Status: in_force

The Water Resources Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of encouraging, promoting and securing the maximum beneficial use and control of the water resources of this state or to facilitate and assist in carrying out its functions as provided by law. All moneys received by the commission under this section shall be deposited in the State Treasury and, unless otherwise prescribed by the source from which such moneys were received, shall be kept in separate accounts in the General Fund designated according to the purposes for which the moneys were made available. Notwithstanding the provisions of ORS 291.238 (Expenditures without allotment prohibited) , all such moneys are continuously appropriated to the commission for the purposes for which they were made available and shall be expended in accordance with the terms and conditions upon which they were made available. [1955 c.707 §25]

Source: Section 536.500 — Acceptance and expenditure of moneys from public and private sources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 540.155 — OR Code / Title 45 / Chapter 540 / Section 540.155
540.155 Periodic review and report regarding department program for Deschutes Basin ground water study area
Status: in_force

(1) As used in this section, “Deschutes Basin ground water study area” has the meaning given that term in ORS 540.531 (Transfer of surface water point of diversion to ground water) .

(2) The Water Resources Department shall periodically review the department program for the Deschutes Basin ground water study area. The review shall include, but need not be limited to, the identification of regulatory and statutory changes that may improve the program in order to address and mitigate injury to existing water rights and spring systems and to offset measurable reductions of scenic waterway flows.

(3) The department shall report to the Legislative Assembly every five years on outcomes of the department program for the Deschutes Basin ground water study area. The report shall include, but need not be limited to, program impacts on other users of the Deschutes River Basin, the potential timing of mitigation, identification of zones of impact, a review of impacts on the headwaters of the Metolius River and other key reaches of the Metolius River system, the potential timing of federal, state and local storage improvements and other issues identified by stakeholders. [2011 c.694 §2]

Note: 540.155 (Periodic review and report regarding department program for Deschutes Basin ground water study area) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 540 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 540.155 — Periodic review and report regarding department program for Deschutes Basin ground water study area , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.297 — OR Code / Title 45 / Chapter 537 / Section 537.297
537.297 Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant
Status: in_force

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

(2) A proceeding to cancel a certificate under subsection (1) of this section shall be conducted according to the provisions under ORS chapter 183 for a contested case hearing. [1985 c.392 §8; 1985 c.673 §189]

Source: Section 537.297 — Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.696 — OR Code / Title 45 / Chapter 541 / Section 541.696
541.696 Standards for security of loans from account
Status: in_force

(1) The Water Resources Commission shall adopt rules establishing standards for borrowers obtaining loans issued from the Water Supply Development Account. The commission shall design the standards to ensure that all loans have a high probability of repayment and that all loans are adequately secured in the event of a default. The commission shall solicit comments from the Oregon Department of Administrative Services and the State Treasurer when designing the standards. The standards may include, but need not be limited to, standards that give preference to entities with ad valorem taxing authority.

(2) If the Water Resources Department approves a loan from the account for the implementation of a water development project, the department may require that the applicant enter into a loan contract, secured by a first lien or by other good and sufficient collateral. [2013 c.784 §15]

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

Note: Section 10, chapter 906, Oregon Laws 2009, provides:

Sec. 10. (1) The Water Resources Department Water Supply Fund is established separate and distinct from the General Fund. Interest earned on moneys deposited in the Water Resources Department Water Supply Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Water Resources Department.

(2) The Water Resources Department Water Supply Fund consists of:

(a) Net proceeds of lottery bonds issued pursuant to sections 8 and 9, chapter 906, Oregon Laws 2009, deposited into the Water Resources Department Water Supply Fund for the following purposes:

(A) $2,500,000 for the purposes of issuing grants to develop Umatilla Basin critical ground water storage projects described in section 17, chapter 907, Oregon Laws 2009, and to provide or pay for services in connection with those projects.

(B) $217,000 to pay for the operation of loan and grant programs under sections 18 to 27, chapter 907, Oregon Laws 2009.

(C) $283,000 for the purpose of developing an integrated state water resources strategy to implement the state water resources policy pursuant to ORS 536.220 (Policy on water resources generally) and section 45, chapter 907, Oregon Laws 2009.

(D) $500,000 for purposes of the grant program established by section 1, chapter 13, Oregon Laws 2008.

(b) Net proceeds of lottery bonds issued pursuant to section 4, chapter 624, Oregon Laws 2011, in an amount sufficient to provide $1,229,052 in net proceeds and interest earnings for the department to finance grants for feasibility studies for water conservation, reuse and storage projects.

(c) $11 million in net proceeds and interest earnings pursuant to section 13, chapter 812, Oregon Laws 2015, to develop and implement water storage systems and delivery infrastructure, implement conservation and reuse projects or provide access to new water supplies.

(d) $750,000 in net proceeds and interest earnings pursuant to section 13, chapter 812, Oregon Laws 2015, to provide grants for place-based planning.

(e) $1 million in net proceeds and interest earnings pursuant to section 13, chapter 812, Oregon Laws 2015, to repair, replace or remediate water wells in the Mosier Creek area.

(f) $14 million in net proceeds pursuant to section 4, chapter 671, Oregon Laws 2019, as amended by section 6, chapter 682, Oregon Laws 2021, for remediation of the Big Creek Dams, including design, environmental permitting and construction of a seismically sound replacement dam.

(g) $14 million in net proceeds pursuant to section 5, chapter 671, Oregon Laws 2019, as amended by section 7, chapter 682, Oregon Laws 2021, for rehabilitation of the Wallowa Lake Dam.

(h) $5 million in net proceeds pursuant to section 26 of this 2023 Act, to replace the City of West Linn drinking water pipe over the Willamette River.

(i) Any other fees, revenues or income deposited in the fund by the Legislative Assembly. [2009 c.906 §10; 2011 c.624 §5; 2015 c.812 §14; 2019 c.671 §6; 2021 c.682 §8; 2023 c.599 §40]

Note: Section 26, chapter 599, Oregon Laws 2023, provides:

Sec. 26. (1) For the biennium beginning July 1, 2023, at the request of the Oregon Department of Administrative Services, after the department consults with the Water Resources Department, the State Treasurer is authorized to issue lottery bonds pursuant to ORS 286A.560 (Definitions for ORS 286A.560 to 286A.585 and 327.700 to 327.711) to 286A.585 (Lottery bonds for community sports facilities) in an amount that produces $5 million in net proceeds for the purposes described in subsection (2) of this section, plus an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs.

(2) Net proceeds of lottery bonds issued under this section must be transferred to the Water Resources Department for deposit in the Water Resources Department Water Supply Fund established in section 10, chapter 906, Oregon Laws 2009, for distribution to the City of West Linn to replace the city’s sole drinking water pipe over the Willamette River in conjunction with the I-205 Abernathy Bridge project.

(3) The Legislative Assembly finds that the use of lottery bond proceeds will create jobs, further economic development, finance public education or restore and protect parks, beaches, watersheds and native fish and wildlife, and is authorized based on the finding that drinking water supply lines are an integral part of the commercial and industrial infrastructure of this state, and essential for economic development. [2023 c.599 §26]

Source: Section 541.696 — Standards for security of loans from account; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.555 — OR Code / Title 45 / Chapter 545 / Section 545.555
545.555 Holding election
Status: in_force

The election called pursuant to a petition filed under ORS 545.553 (Petition for election on authorization and issuance of bonds) shall be held and the results determined and declared as provided by ORS 545.511 (Authorization of bonds, including refunding bonds) and 545.513 (Resubmission of questions to electors) (1), except that:

(1) The maximum time in which the bonds may mature shall be submitted to the voters;

(2) The notice of the election need not be posted but must be published at least once, not more than 10 or less than three days prior to the election; and

(3) The form of the proposition on the ballot shall be set forth in the notice of the election. [Formerly 545.232]

Source: Section 545.555 — Holding election; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.570 — OR Code / Title 45 / Chapter 553 / Section 553.570
553.570 Withdrawal of land from foreclosure sale
Status: in_force

At any time prior to sale or at the time of sale as provided by ORS 553.560 (Foreclosure of assessment) , the former owner, assessment payer or holder of legal or equitable title or lien upon or to any tract of land included in the foreclosure and judgment may pay the amount of the lien foreclosed, together with such amount of state and county taxes as the district may have paid and a proportionate amount of the costs incurred in such foreclosure proceedings, and withdraw the tract of land from the foreclosure sale. If made prior to the judgment, the payment shall be tendered to the clerk of the court, together with a written appearance in the suit. If made after the judgment is entered, the payment shall be tendered to the sheriff ordered to hold the sale. If payment is made before judgment, the tract of land then shall be excluded from the foreclosure proceedings. If payment is made after judgment, the district shall issue satisfaction of lien to such former owner, assessment payer or holder of equitable or legal title upon the tract of land and file the same for record. [Amended by 2003 c.576 §521]

Source: Section 553.570 — Withdrawal of land from foreclosure sale; payment of lien, taxes and proportion of costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 548.925 — OR Code / Title 45 / Chapter 548 / Section 548.925
548.925 Special election
Status: in_force

(1) Within 10 days after the filing of a petition that meets the requirements of ORS 548.920 (Notice of petition filing) (3) and 548.920 (Notice of petition filing) (2)(c), the district board shall call a special election to be held not less than 30 or more than 60 days after date the petition is filed.

(2) The board shall cause notice of the election to be published once a week for three successive weeks, being three publications in all, in one or more newspapers meeting the requirements of ORS 548.920 (Notice of petition filing) (3). In addition, notice may 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) .

(3) The notice shall state the date of the election, and the fact that there will be submitted to the voters a proposal to dissolve or reorganize the district, as the case may be.

(4) The election shall be held and the results determined and declared in all respects as nearly as practicable in conformity with the provisions governing the election of officers in irrigation districts. At the election, the ballot shall contain the words, “dissolution (or reorganization, as the case may be) of the district ___ Yes,” or “Dissolution (or reorganization) of the district ___ No,” or words equivalent thereto. [1973 c.415 §7]

Source: Section 548.925 — Special election; notice; ballot form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 538.190 — OR Code / Title 45 / Chapter 538 / Section 538.190
538.190 Lake of the Woods and tributaries, Klamath County
Status: in_force

In order to maintain, increase and perpetuate game fish and game fish propagation within Oregon, the waters or use of the waters of Lake of the Woods and its tributaries, situated in Klamath County, not already appropriated, shall not be diverted, interrupted or appropriated for any purpose whatsoever, except for domestic use on contiguous and surrounding land.

Source: Section 538.190 — Lake of the Woods and tributaries, Klamath County; diversion, interruption or appropriation of waters prohibited; excepted uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 541.681 — OR Code / Title 45 / Chapter 541 / Section 541.681
541.681 Conditions of grants for developing certain types of above-ground storage facilities
Status: in_force

(1) The recipient of a grant from the Water Supply Development Account must agree to the condition set forth in subsection (2) of this section if the grant is for the development of a new or expanded above-ground storage facility that:

(a) Impounds surface water on a perennial stream;

(b) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or

(c) Diverts more than 500 acre-feet of water annually.

(2) Twenty-five percent of the newly developed water from a project described in subsection (1) of this section must be dedicated to in-stream use.

(3) To establish that a project complies with subsection (2) of this section, the grant recipient may include water dedicated to in-stream use as a result of the conditions of federal, state or local permits for the project. [2013 c.784 §10]

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

Source: Section 541.681 — Conditions of grants for developing certain types of above-ground storage facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 542.210 — OR Code / Title 45 / Chapter 542 / Section 542.210
542.210 Construction of federal dams and structures in Rogue River
Status: in_force

In order to further necessary investigations and studies for the maximum development of the Rogue River basin and watershed and to conserve established and potential uses thereof, and to facilitate full consideration of various projects to accomplish a coordinated and comprehensive development of the basin and watershed, the United States and its authorized agencies may construct in the Rogue River and on its bed dams and such other structures as the government deems necessary, upon compliance with the laws of Oregon. However, no dam or structure hereby authorized shall be placed in the Rogue River between the intersection of the river with the south line of section 10, township 34 south, range 1 west of the Willamette Meridian in Jackson County, and the confluence of that river with the Pacific Ocean, which would interfere with the free passage of fish up or down stream. No dam or other structure shall be constructed by any person in or on the bed of the Rogue River below its intersection with the south line of section 27, township 33 south, range 1 east of the Willamette Meridian, in Jackson County, except as authorized by this section.

OREGON-CALIFORNIA GOOSE LAKE INTERSTATE COMPACT

Source: Section 542.210 — Construction of federal dams and structures in Rogue River; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 547.470 — OR Code / Title 45 / Chapter 547 / Section 547.470
547.470 Extra assessment or charge for lake drainage
Status: in_force

When, in the judgment of the board of supervisors of any drainage district, it is deemed necessary or expedient to drain any lake, which entails extra or additional work in excess of that required in the drainage of lands of higher elevation and where the cost of maintenance and pumping to maintain drainage of such lake will be in excess of that necessary for the reclamation and maintenance of lands within the district other than such lake, an extra assessment or charge for such additional work or a higher rate for such pumping and maintenance may be charged and made against the lands, or owners or occupants of the lands, covered by such lake, to the extent of the respective additional benefits to such lands over lands of a higher elevation in the district and benefited thereby. [Amended by 1991 c.459 §425m]

Source: Section 547.470 — Extra assessment or charge for lake drainage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).