ORS § 547.245 — OR Code / Title 45 / Chapter 547 / Section 547.245
547.245 Reassessment of benefits
Status: in_force

At any time after the expiration of five years from the confirmation of the report of the commissioners, as provided by ORS 547.235 (Exceptions to report or assessment) , and upon the filing of a petition with the county clerk signed by at least one-tenth of the owners of the lands within the drainage district or the owners of at least one-tenth of the lands within such district, setting forth that the original assessments or benefits are inequitable and unjust, the county court shall appoint three commissioners, as provided by ORS 547.215 (Commissioners) , to reassess the benefits in the district. The commissioners shall report the reassessment to the court. Upon the filing of the report of the commissioners, the county clerk shall give notice of hearing thereon by publication once a week for three consecutive weeks in some newspaper published in each county in the district, the last insertion to be made at least 15 days prior to the hearing. At least 10 days before the day set for hearing, exceptions may be filed by any interested person, and upon hearing the same the court shall approve the report or direct how it shall be modified and, when so modified or approved, shall confirm it. The assessment as confirmed shall take the place of all prior assessments; provided, that in no case shall the total amount of assessments be less than the outstanding obligations. The county clerk shall transmit a certified copy of the court’s 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 county clerk of each county having lands in the district. [Amended by 2003 c.576 §510]

Source: Section 547.245 — Reassessment of benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 553.330 — OR Code / Title 45 / Chapter 553 / Section 553.330
553.330 Assessment for cost of works
Status: in_force

The cost of building, constructing, purchasing, operating, maintaining and improving the works described in an engineering plan for a subdistrict shall be charged to the owners of the lands, or assessed against the lands, to be benefited by the works in proportion to the benefits to be received by each tract of land. Only the lands or owners within a subdistrict shall be liable for, charged with or in any manner assessed or taxed for the payment of judgments, claims, damages, costs, expenses, debts or other liabilities of or against a district that accrue from, arise out of or are incurred in the building, constructing, purchasing, operating, maintaining or improving the works of such subdistrict. [Amended by 1991 c.459 §430f]

Source: Section 553.330 — Assessment for cost of works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 542.610 — OR Code / Title 45 / Chapter 542 / Section 542.610
542.610 Klamath River Basin Compact ratified
Status: in_force

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Klamath River Basin Compact set forth in ORS 542.620 (Klamath River Basin Compact) , and the provisions of such compact hereby are declared to be the law of this state upon such compact becoming effective as provided in subsection (2) of this section.

(2) The compact shall become effective when it has been ratified by the legislatures of the States of California and Oregon, and has been consented to by the Congress of the United States as provided in Article XIII of the compact. [1957 c.142 §1]

Note: The Klamath River Basin Compact became effective on September 11, 1957. The compact was ratified by the State of Oregon by chapter 142, Oregon Laws 1957 (signed by Governor on April 17, 1957). The compact was ratified by the State of California by chapter 113, California Statutes 1957 (signed by Governor on April 17, 1957, and effective on September 11, 1957). The Congress of the United States consented to the compact by Public Law 85-222, 85th Congress (signed by President on August 30, 1957).

Source: Section 542.610 — Klamath River Basin Compact ratified; when effective , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 547.112 — OR Code / Title 45 / Chapter 547 / Section 547.112
547.112 Change in number of supervisors
Status: in_force

(1) At least six months prior to an annual meeting of a drainage district, the board of supervisors of the drainage district may change the number of supervisors elected to the board, effective at the next annual meeting, by a motion approved by the affirmative vote of a majority of the supervisors.

(2) If the board of supervisors acts under subsection (1) of this section:

(a) To change the number of supervisors on the board, the board shall notify the county clerk of the county in which the petition to form the district was filed and the Secretary of State at least six months prior to the annual meeting at which one or more supervisors will be added to or removed from the board or within 30 days of taking action under subsection (1) of this section, whichever is later.

(b) To reduce the number of supervisors from five to three, the board shall phase in the change, beginning at the next annual meeting, in a manner that allows each supervisor to serve the full term to which the supervisor was elected. If the decision is made to reduce the number of supervisors from five to three at an annual meeting at which only one supervisor is scheduled to be elected, the election must be canceled and the supervisor whose term is ending shall continue in office until the following annual meeting. At the following annual meeting, the terms of two more supervisors will end, and only one supervisor will be elected. [2003 c.223 §4]

Source: Section 547.112 — Change in number of supervisors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 539.170 — OR Code / Title 45 / Chapter 539 / Section 539.170
539.170 Division of water pending hearing
Status: repealed

While the hearing of the order of the Water Resources Director is pending in the circuit court, and until a certified copy of the judgment, order or decree of the court is transmitted to the director, the division of water from the stream involved in the appeal shall be made in accordance with the order of the director.

Note: Sections 1 and 2, chapter 445, Oregon Laws 2015, provide:

Sec. 1. Leasing or temporary transfer of determined claim. (1) As used in this section, “determined claim” means a water right in the Upper Klamath Basin 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) .

(2) Except as provided in subsections (3) and (4) of this section, during the period that judicial review of the order of determination is pending, a determined claim is:

(a) An existing water right that may be leased for a term as provided under ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) ; and

(b) A primary water right that is subject to temporary transfer for purposes of ORS 540.523 (Temporary transfer of water right or permit) .

(3) Subsection (2) of this section:

(a) Does not apply to a water right determined and established in an order of determination that has been stayed by the filing of a bond or irrevocable letter of credit under ORS 539.180 (Bond or irrevocable letter of credit to stay operation of director’s determination) ;

(b) Does not apply to a water right transfer that includes changing the point of diversion upstream; and

(c) Does not allow a person to purchase, lease or accept a gift of a determined claim for conversion to an in-stream water right as described in ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) (1).

(4) For purposes of determining under ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) (5) or 540.523 (Temporary transfer of water right or permit) (2) whether the Water Resources Department may approve a lease or temporary transfer of a determined claim, an injury to another determined claim is an injury to an existing water right. Notwithstanding ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) (6) or 540.523 (Temporary transfer of water right or permit) (5), the department shall deny, modify or revoke the lease or temporary transfer of a determined claim if the department determines that the lease or temporary transfer has resulted in, or is likely to result in:

(a) Injury to another determined claim or other existing water right; or

(b) Enlargement of the determined claim.

(5) The department shall revoke the lease or temporary transfer of a determined claim if a court judgment stays the determined claim.

(6) If a determined claim is removed from land by lease or temporary transfer, the land from which the determined claim is removed may not receive water during the term of the lease or temporary transfer. [2015 c.445 §1]

Sec. 2. (1) Section 1 of this 2015 Act is repealed January 2, 2026.

(2) Notwithstanding the repeal of section 1 of this 2015 Act by subsection (1) of this section, subject to modification or revocation under section 1 of this 2015 Act, a lease or temporary transfer of a determined claim under section 1 of this 2015 Act for a term beginning prior to January 2, 2026, may continue in effect for the term of the lease or temporary transfer. If a court judgment results in a modification of the determined claim, the parties may continue the lease or temporary transfer of all or part of the water right as modified for all or part of the original term of the lease or temporary transfer. [2015 c.445 §2]

Source: Section 539.170 — Division of water pending hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 550.290 — OR Code / Title 45 / Chapter 550 / Section 550.290
550.290 Construction on public land or right of way or along public watercourse
Status: in_force

(1) The urban flood safety and water quality district may construct works:

(a) Across or along any street or public highway, or over any lands, that are the property of the state or of any political subdivision of the state.

(b) Across or along any stream of water or watercourse, any ground water resource or any affected lands that are the property of the state or of any political subdivision of the state.

(2) When constructing works under this section, the district shall comply with all federal, state and local permitting and regulatory requirements and restrictions applicable to the district’s work in a street, right of way, stream of water or watercourse or ground water resource that is the property of the state or of any political subdivision of the state. [2019 c.621 §15]

Source: Section 550.290 — Construction on public land or right of way or along public watercourse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 541.958 — OR Code / Title 45 / Chapter 541 / Section 541.958
541.958 Criteria for project receiving moneys from Watershed Conservation Grant Fund
Status: in_force

The Oregon Watershed Enhancement Board may award funds from the Watershed Conservation Grant Fund only for activities described in ORS 541.956 (Watershed Conservation Grant Fund purposes) . Any project that the board approves for funding shall comply with the following criteria:

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

(2) The project to be funded is reviewed and approved by a technical committee established in accordance with ORS 541.926 (Duties of board) ; and

(3) The project provides a public benefit by supporting improved:

(a) Water quality;

(b) Native fish or wildlife habitat; or

(c) Watershed or ecosystem function. [Formerly 541.401]

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

Source: Section 541.958 — Criteria for project receiving moneys from Watershed Conservation Grant Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.330 — OR Code / Title 45 / Chapter 540 / Section 540.330
540.330 Reservoirs
Status: in_force

(1) Any owner or manager of a reservoir, located across or upon the bed of a natural stream, shall construct and maintain, when required by the Water Resources Commission, a measuring device below, and one above, the reservoir on each stream or source of supply discharging into the reservoir, to assist the watermaster in determining the amount of water to which appropriators are entitled and thereafter diverting it for their use.

(2) If any owner or manager of a reservoir located across the bed of a natural stream neglects or refuses to put in a measuring device after 10 days’ notice by the commission, the watermaster may open the sluicegate or outlet of the reservoir, and it shall not be closed, under penalties of the law for changing or interfering with headgates, until the requirements of the commission as to such measuring devices are complied with. [Amended by 1985 c.673 §86]

Source: Section 540.330 — Reservoirs; measuring devices; effect of noncompliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 545.169 — OR Code / Title 45 / Chapter 545 / Section 545.169
545.169 Election of directors from newly created divisions
Status: in_force

(1) At the district election next following the dividing of the district into divisions, the office of the director whose term expires the following January shall be filled by election of a director from the newly created division which is without representation on the board.

(2) If there are two divisions without representation, then a director shall be elected at the district election next following the division of the district from the newly created division without representation on the board that contains the largest number of electors. The other newly created division shall elect a director at the second general election following the division, which director shall take office at the expiration of the term of the second retiring member of the board. [Formerly 545.626]

Source: Section 545.169 — Election of directors from newly created divisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 548.905 — OR Code / Title 45 / Chapter 548 / Section 548.905
548.905 Petition for dissolution or reorganization
Status: in_force

(1) A majority of the qualified electors and landowners of a district, representing at least one-half of the acres of land assessed by the district, may by petition propose a plan for the dissolution or reorganization of the district.

(2) The petition shall state:

(a) That the petition is filed under ORS 548.900 (Definitions for ORS 548.900 to 548.955) to 548.955 (Contents of judgment) .

(b) The name of the district.

(c) The nature, terms and conditions of the dissolution or reorganization plan.

(d) The estimated cost of the dissolution or reorganization.

(e) A description of the assets of the district.

(f) A description of all outstanding indebtedness, including bonds and coupons and the holders thereof, so far as known, and the provisions to be made for payment of nonassenting holders.

(3) No dissolution or reorganization or any term or condition thereof shall impair the rights of any creditor of a district and each creditor may enforce the rights of the creditor in the same manner and to the same extent as if the change, term or condition had not been made. [1973 c.415 §2]

Source: Section 548.905 — Petition for dissolution or reorganization; contents; effect of dissolution or reorganization on creditors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 539.030 — OR Code / Title 45 / Chapter 539 / Section 539.030
539.030 Notice of investigation of stream
Status: in_force

The Water Resources Director shall prepare a notice, setting forth the date when the director or the assistant of the director will begin such investigation as may be necessary for a proper determination of the relative rights of the various claimants to the use of the waters of the stream. The notice shall be published in two issues of one or more newspapers having general circulation in the counties in which the stream is situated, the last publication of the notice to be at least 10 days prior to the date set in the notice for the beginning of the investigation by the director or the assistant of the director. [Amended by 1955 c.669 §1; 1979 c.53 §1; 1987 c.541 §8]

Source: Section 539.030 — Notice of investigation of stream , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 540.720 — OR Code / Title 45 / Chapter 540 / Section 540.720
540.720 Unauthorized use or waste of water
Status: in_force

No person shall use without authorization water to which another person is entitled, or willfully waste water to the detriment of another. The possession or use of such water without legal right shall be prima facie evidence of the guilt of the person using it.

Source: Section 540.720 — Unauthorized use or waste of water; evidence of guilt of user , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.012 — OR Code / Title 45 / Chapter 543 / Section 543.012
543.012 Applicability of chapter to reauthorization of existing hydroelectric project
Status: in_force

(1) Except for the provisions of ORS 543.300 (Conditions governing license) , 543.310 (Disposition of moneys collected) , 543.430 (Proceedings after completion of project for violation of license terms) , 543.440 (Transfer of license, rights or property) , 543.610 (Acquisition of project by state or municipality) , 543.650 (Policy) to 543.685 (District board to require weatherization) , 543.710 (Annual fee based on horsepower) , 543.720 (Payment of annual fee) , 543.730 (Failure to file statement or pay fees as evidence of abandonment of claim) and 543.990 (Penalties) , nothing in this chapter shall apply to the reauthorization of an existing project.

(2) All references in ORS 543.300 (Conditions governing license) , 543.310 (Disposition of moneys collected) , 543.430 (Proceedings after completion of project for violation of license terms) , 543.440 (Transfer of license, rights or property) , 543.610 (Acquisition of project by state or municipality) , 543.650 (Policy) to 543.685 (District board to require weatherization) , 543.710 (Annual fee based on horsepower) , 543.720 (Payment of annual fee) , 543.730 (Failure to file statement or pay fees as evidence of abandonment of claim) and 543.990 (Penalties) to a license or a license issued under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) also shall be considered a reference to a water right issued under 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) and ORS chapter 543A. [1997 c.449 §42]

Source: Section 543.012 — Applicability of chapter to reauthorization of existing hydroelectric project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 552.423 — OR Code / Title 45 / Chapter 552 / Section 552.423
552.423 Advertising for bids on construction contract
Status: in_force

After the approval of the engineering plan as provided by ORS 552.418 (Notice of engineering plan) and before beginning the construction of any works, the district board shall give notice, by publication and otherwise, as it may consider advisable, calling for bids for the construction of such works, or any portion thereof. [1969 c.606 §36; 1989 c.182 §48]

Source: Section 552.423 — Advertising for bids on construction contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 545.181 — OR Code / Title 45 / Chapter 545 / Section 545.181
545.181 Organization of board
Status: in_force

(1) Except as provided in subsection (2) of this section, on the first Tuesday in January next following their election, the board of directors shall meet and organize as a board. In organizing as a board, the directors shall:

(a) Elect a president from among the directors and appoint a secretary, who may be a director or the manager of the district.

(b) Establish the time for regular monthly meetings of the board as required under ORS 545.185 (Meetings of board) .

(c) Establish, by resolution, the date of the next annual organizational meeting of the district.

(d) Establish the date the board shall next meet as a board of equalization under ORS 545.418 (Meeting of board) .

(2) The board of directors may, by resolution, establish a different date in January for the annual organizational meeting.

(3) The county treasurer of the county in which the petition for the organization of the district was filed shall be ex officio treasurer of the district. Any moneys collected by other county treasurers on behalf of the district shall be transmitted to the district treasurer, together with a statement specifying the fund into which it is to be deposited. However, if the secretary of the irrigation district is authorized to collect operation and maintenance assessments or emergency assessments, as provided in this chapter, the secretary shall disburse the assessment moneys upon orders of the board of directors of the district. Any county treasurer having custody or control of funds of an irrigation district shall be responsible for them on the official bond as county treasurer. [Formerly 545.062; 2005 c.468 §1; 2005 c.469 §2]

Source: Section 545.181 — Organization of board; officers; establishment of meeting dates; collection, custody and disbursement of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 551.030 — OR Code / Title 45 / Chapter 551 / Section 551.030
551.030 Publication of petition
Status: in_force

(1) The county court or board of county commissioners shall then have the petition published in a newspaper of general circulation in the county in which the district is headquartered once each week for four consecutive weeks, together with an order citing all interested parties to appear before the court on a given date, after the time of publication of the notice has expired, and show cause why the petition should not be granted.

(2) The court shall appoint three disinterested viewers, nonresidents of the proposed district, together with the county surveyor, to view out the proposed dikes and dams, along the most practical route to accomplish the object desired, at the least possible cost and expense. [Amended by 1989 c.182 §44]

Source: Section 551.030 — Publication of petition; order to show cause; viewers to investigate proposed works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 537.896 — OR Code / Title 45 / Chapter 537 / Section 537.896
537.896 Water supplier records
Status: in_force

(1) A water supplier that sells water to the public at a distribution location authorized for hauled water by the water supplier shall:

(a) Maintain records of the water sales that include:

(A) The name and contact information of the person that purchased the water.

(B) The date of the sale.

(C) The quantity of the water.

(D) The license plate number of the vehicle used to haul the water.

(b) Retain the records for at least 12 months after the sales.

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

(2) Notwithstanding subsection (1)(a) of this section, a water supplier is not required to keep records of water sold:

(a) To state or local government bulk water purchasers.

(b) To contractors licensed by the Construction Contractors Board.

(c) In bulk to be used for firefighting purposes.

(3) Notwithstanding any contrary provision of law, a water supplier that provides records under subsection (1)(c) of this section shall have immunity from any civil or criminal liability:

(a) That might otherwise be incurred or imposed with respect to release of the records and any data in the records.

(b) With respect to participating in any judicial proceeding that results from the release of records or any data in the records.

(4) The Water Resources Commission may adopt rules to implement this section. [2022 c.52 §1]

Note: 537.896 (Water supplier records) , 537.897 (Records of purchases from water suppliers) and 537.898 (Hauling water used for Cannabis plants) 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 537.896 — Water supplier records; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 558.060 — OR Code / Title 45 / Chapter 558 / Section 558.060
558.060 Issuance of license
Status: in_force

(1) The State Department of Agriculture shall act within 30 days, but shall only issue the license upon finding that:

(a) The applicant is qualified to undertake the weather modification operation proposed in the application;

(b) The production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the proposed weather modification operation; and

(c) The proposed weather modification operation would not be injurious to the public health or safety.

(2) Each such license shall entitle the licensee to conduct the operations described in the license for one year from the date the license is issued unless the license is sooner revoked or suspended. The conducting of any weather modification operation or the use of any equipment or materials other than those described in the license shall be cause for revocation or suspension of the license.

(3) The license may be renewed annually by payment of a filing fee in the sum of $50. If the application for renewal proposes any change in the previously licensed operation, or if the department determines that the public health or safety may be adversely affected by continuation of the operation, the department shall conduct a hearing on the application for renewal. The provisions of ORS 558.055 (Hearing on application for license) and 558.080 (Contents of hearing notice) to 558.100 (Proof of publication) shall apply to such hearing. [1953 c.654 §5; 1975 c.420 §4]

Source: Section 558.060 — Issuance of license; conditions; licensee’s authority; use of materials other than described in license; renewal; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 537.153 — OR Code / Title 45 / Chapter 537 / Section 537.153
537.153 Review of application
Status: in_force

(1) Within 60 days after the Water Resources Department proceeds with the application under ORS 537.150 (Filing of application) (5), the department shall complete application review and issue a proposed final order approving or denying the application or approving the application with modifications or conditions. The department may request the applicant to provide additional information needed to complete the review. If the department requests additional information, the request shall be specific and shall be sent to the applicant by registered mail. The department shall specify a date by which the information must be returned, which shall be not less than 10 days after the department mails the request to the applicant. If the department does not receive the information or a request for a time extension under ORS 537.175 (Time limit for issuing final order or scheduling contested case hearing) by the date specified in the request, the department may reject the application and may refund fees in accordance with ORS 536.050 (Fees) (4)(a). The time period specified by the department in a request for additional information shall allow the department to comply with the 60-day time limit established by this subsection.

(2) In reviewing the application under subsection (1) of this section, the department shall presume that a proposed use will not impair or be detrimental to the public interest if the proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 (Formulation of state water resources program) and 536.340 (Classification of water as to highest and best use and quantity of use) or given a preference under ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) (12), if water is available, if the proposed use will not injure other water rights and if the proposed use complies with rules of the Water Resources Commission. This shall be a rebuttable presumption and may be overcome by a preponderance of evidence that either:

(a) One or more of the criteria for establishing the presumption are not satisfied; or

(b) The proposed use will impair or be detrimental to the public interest as demonstrated in comments, in a protest under subsection (6) of this section or in a finding of the department that shows:

(A) The specific public interest under ORS 537.170 (Contested case hearing on application) (8) that would be impaired or detrimentally affected; and

(B) Specifically how the identified public interest would be impaired or detrimentally affected.

(3) The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to:

(a) Confirmation or modification of the preliminary determinations made in the initial review;

(b) A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans;

(c) An assessment of water availability and the amount of water necessary for the proposed use;

(d) An assessment of whether the proposed use would result in injury to existing water rights;

(e) An assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170 (Contested case hearing on application) ;

(f) A draft permit, including any proposed conditions, or a recommendation to deny the application;

(g) Whether the rebuttable presumption that the proposed use will not impair or be detrimental to the public interest has been established; and

(h) The date by which protests to the proposed final order must be received by the department.

(4) The department shall mail copies of the proposed final order to the applicant and to persons who have requested copies and paid the fee required under ORS 536.050 (Fees) (1)(p). The department also shall publish notice of the proposed final order by publication in the weekly notice published by the department.

(5) Any person who supports a proposed final order may request standing for purposes of participating in any contested case proceeding on the proposed final order or for judicial review of a final order. A request for standing shall be in writing and shall be accompanied by the fee established under ORS 536.050 (Fees) (1)(n).

(6) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include:

(a) The name, address and telephone number of the protestant;

(b) A description of the protestant’s interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented;

(c) A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant’s interest;

(d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency;

(e) Any citation of legal authority supporting the protest, if known; and

(f) The protest fee required under ORS 536.050 (Fees) .

(7) Requests for standing and protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly notice published by the department. Any person who asks to receive a copy of the department’s final order shall submit to the department the fee required under ORS 536.050 (Fees) (1)(p), unless the person has previously requested copies and paid the required fee under ORS 537.150 (Filing of application) (7), the person is a protestant and has paid the fee required under ORS 536.050 (Fees) (1)(j) or the person has standing and has paid the fee under ORS 536.050 (Fees) (1)(n).

(8) Within 60 days after the close of the period for receiving protests, the Water Resources Director shall:

(a) Issue a final order as provided under ORS 537.170 (Contested case hearing on application) (6); or

(b) Schedule a contested case hearing if a protest has been submitted and if:

(A) Upon review of the issues, the director finds that there are significant disputes related to the proposed use of water; or

(B) Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing. [1995 c.416 §11; 1997 c.446 §2; 1997 c.587 §5; 2007 c.188 §2; 2009 c.819 §§7,14; 2013 c.644 §5]

Note: 537.153 (Review of application) , 537.173 (Exceptions to final order) and 537.175 (Time limit for issuing final order or scheduling contested case hearing) were added to and made a part of 537.145 (Notice of filing of application to appropriate water for hydroelectric purposes) to 537.240 (Federal permit) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.153 — Review of application; proposed final order; presumption that use will not impair or be detrimental to public interest; standing; protest; final order; contested case hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 558.440 — OR Code / Title 45 / Chapter 558 / Section 558.440
558.440 Special elections
Status: in_force

The commissioners at any regular meeting of the board of commissioners may call a special election of the electors of the district. [1969 c.698 §30; 1971 c.647 §128; 1983 c.350 §316]

Source: Section 558.440 — Special elections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 539.330 — OR Code / Title 45 / Chapter 539 / Section 539.330
539.330 Notice to persons affected by agreement
Status: in_force

(1) Upon filing of the agreement with the appropriate court under ORS 539.320 (Agreement) , the Water Resources Director shall notify owners of water right certificates or permits that may be affected by the agreement:

(a) That the agreement has been filed with the court; and

(b) Of the time and manner specified by the court for filing an exception to the agreement.

(2) Unless notice by registered mail is required by the court, the notice required under subsection (1) of this section may be given by:

(a) Publication; or

(b) Any other method the director considers necessary. [1987 c.81 §5]

Source: Section 539.330 — Notice to persons affected by agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 547.135 — OR Code / Title 45 / Chapter 547 / Section 547.135
547.135 Removal of employees
Status: in_force

The board of supervisors may at any time remove any officer, attorney or other employee appointed or employed by the board.

Source: Section 547.135 — Removal of employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 543a.030 — OR Code / Title 45 / Chapter 543a / Section 543a.030
543A.030 Notice of intent
Status: in_force

(1) Not later than three years before the expiration of a water right for a state project, the Water Resources Department shall notify the project owner of the expiration of the water right and request that the owner advise the department whether the owner intends to seek reauthorization of the water right for the state project.

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

(3) If the owner intends to seek reauthorization, the owner shall, within 90 days after receiving notice under subsection (1) of this section, submit to the department a notice of intent to file an application for reauthorization of the water right. The notice of intent shall:

(a) Include a statement of the applicant’s intent to continue operation of the state project; and

(b) Describe the state project, including but not limited to the location and capacity of the state project and the identification of affected Indian tribes and local government entities.

(4) The department shall cause public notice to be given upon receipt of a notice of intent. The public notice shall include the date of expiration of the water right and a description of the state project.

(5) Only the project owner may apply to reauthorize the water right for a state project. [1997 c.449 §6]

Source: Section 543A.030 — Notice of intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 551.140 — OR Code / Title 45 / Chapter 551 / Section 551.140
551.140 Realignment of dikes by landowner
Status: in_force

Any person through whose lands a dike has been constructed under this chapter may be allowed to construct a dike upon new lines between any two points on the original line. In such case the owner shall file application with the county court, giving a plat of the proposed change, and indorsed by the superintendent of the district. If the court is satisfied that the change is not detrimental to the district, the application shall be granted. The applicant shall construct the new dike at the expense of the applicant, and up to the standard of the original, of which fact the superintendent shall be the judge. The dike thus constructed shall become the property of the district in the same manner as the original, and subject to the same regulation, and the right of way of the original dike shall thereupon become vacated.

Source: Section 551.140 — Realignment of dikes by landowner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 547.250 — OR Code / Title 45 / Chapter 547 / Section 547.250
547.250 Changes in plan for reclamation
Status: in_force

The board of supervisors shall have power to make any change in the plan for reclamation by action of the board until such time as the commissioners have filed their report. After that all changes shall be made as follows:

(1) The board of supervisors, for and in behalf of the district, or the owners of land adjacent to the district, may file a petition in the office of the clerk of the court which organized the district, praying the court to amend its former judgment incorporating the district, by correcting the names of landowners, by striking out any such names, by adding, striking out or correcting the descriptions of any lands within or alleged to be within the boundary lines of the district, or in any other manner.

(2) The petition may ask permission of the court to amend or change the plan for reclamation or to correct any errors, omissions or other mistakes that have been discovered in the plan or may ask that the boundary lines of the district be extended so as to include lands not described by and included in the petition and judgment of the court incorporating the district. However, in no case shall any lands be included in the district other than the lands described in the original petition for the creation of the district and in the judgment of the court incorporating it, unless the persons shown by the records of the county to be the owners of not less than 60 percent of the acreage sought to be brought within the boundary lines of the district and not described in and included in the original petition and judgment of the court incorporating such district, shall first sign and file with the court a petition therefor.

(3) If the petition asks that the lines of the district be in any manner changed, it shall also ask the court to appoint three commissioners, as provided for under ORS 547.215 (Commissioners) , to appraise the land that shall be taken for rights of way, holding basins, or other works, or assess the benefits and damages to any lands, public highways, railroad and other property already in the district, or that may be annexed to the district by the proposed amendments and changes to the plan for reclamation or the proposed change in the boundary lines. As soon as the petition is filed the clerk of the court shall give notice in the manner and for the time provided for in ORS 547.020 (Fixing time and place of hearing) , the notice to be substantially in the following form:

Notice of Drainage Hearing.

To the owners and all persons interested in the lands corporate and other property in and adjacent to _____ Drainage District:

You are notified that (here state by whom petition was filed) has filed in the office of the county clerk of _____ County, _____, a petition praying the county court for permission to (here insert the prayer of the petition), and unless you show cause to the contrary on or before the first day of the next term of the _____ County Court to be held on the ___ day of _____, 2___, the prayer of the petition may be granted.

____________

County Clerk of _____ County.

[Amended by 2003 c.576 §511]

Source: Section 547.250 — Changes in plan for reclamation; petition for amendment of plan; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 536.340 — OR Code / Title 45 / Chapter 536 / Section 536.340
536.340 Classification of water as to highest and best use and quantity of use
Status: in_force

(1) Subject at all times to existing rights and priorities to use waters of this state, the Water Resources Commission:

(a) May, by a water resources statement referred to in ORS 536.300 (Formulation of state water resources program) (2), classify and reclassify the lakes, streams, underground reservoirs or other sources of water supply in this state as to the highest and best use and quantities of use thereof for the future in aid of an integrated and balanced program for the benefit of the state as a whole. The commission may so classify and reclassify portions of any such sources of water supply separately. Classification or reclassification of sources of water supply as provided in this subsection has the effect of restricting the use and quantities of use thereof to the uses and quantities of uses specified in the classification or reclassification, and no other uses or quantities of uses except as approved by the commission under ORS 536.370 (Exercise of power in conflict with state water resources policy not effective until approved by commission) to 536.390 (Approval without filing notification) or as accepted by the commission under ORS 536.295 (Conditions for consideration of application for use not classified in basin program) . Restrictions on use and quantities of use of a source of water supply resulting from a classification or reclassification under this subsection shall apply to the use of all waters of this state affected by the classification or reclassification, and shall apply to uses listed in ORS 537.545 (Exempt uses) that are initiated after the classification or reclassification that imposes the restriction.

(b) Shall diligently enforce laws concerning cancellation, release and discharge of excessive unused claims to waters of this state to the end that such excessive and unused amounts may be made available for appropriation and beneficial use by the public.

(c) May, by a water resources statement referred to in ORS 536.300 (Formulation of state water resources program) (2) and subject to the preferential uses named in ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) (12), prescribe preferences for the future for particular uses and quantities of uses of the waters of any lake, stream or other source of water supply in this state in aid of the highest and best beneficial use and quantities of use thereof. In prescribing such preferences the commission shall give effect and due regard to the natural characteristics of such sources of water supply, the adjacent topography, the economy of such sources of water supply, the economy of the affected area, seasonal requirements of various users of such waters, the type of proposed use as between consumptive and nonconsumptive uses and other pertinent data.

(2) In classifying or reclassifying a source of water supply or prescribing preferences for the future uses of a source of water supply under subsection (1) of this section, the commission shall:

(a) Comply with the requirements set forth in the Water Resources Department coordination program developed pursuant to ORS 197.180 (State agency planning responsibilities) ; and

(b) Cause notice of the hearing held under ORS 536.300 (Formulation of state water resources program) (3) to be published in a newspaper of general circulation once each week for two successive weeks in each county:

(A) In which waters affected by the action of the commission under subsection (1) of this section are located; or

(B) That is located within the basin under consideration.

(3) Before beginning any action under subsection (2) of this section that would limit new ground water uses that are exempt under ORS 537.545 (Exempt uses) from the requirement to obtain a water right, the commission shall:

(a) Review the proposed action to determine whether the proposal is consistent with ORS 537.780 (Powers of Water Resources Commission) ;

(b) Provide an opportunity for review by:

(A) Any member of the Legislative Assembly who represents a district where the proposed action would apply; and

(B) Any interim committee of the Legislative Assembly responsible for water-related issues; and

(c) Receive and consider a recommendation on the proposal from the ground water advisory committee appointed under ORS 536.090 (Ground water advisory committee) . [1955 c.707 §10(6); 1963 c.414 §1; 1989 c.9 §2; 1989 c.833 §54; 1997 c.510 §1; 2011 c.52 §1]

Source: Section 536.340 — Classification of water as to highest and best use and quantity of use; enforcement of laws concerning loss of water rights; prescribing preferences for future uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 543.260 — OR Code / Title 45 / Chapter 543 / Section 543.260
543.260 Licenses
Status: in_force

(1) A license may be issued by the Water Resources Commission to any qualified person for a period not exceeding 50 years. If the project is subject to regulation by the Federal Energy Regulatory Commission, the term shall be concurrent with and expire upon expiration of the federal license for the project. Each license shall be conditioned upon acceptance by the licensee of all the terms and conditions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , and such further terms and conditions as the commission may prescribe, not inconsistent with those sections. All such terms and conditions, and their acceptance by the licensee, shall be expressed in the license. A license may be terminated for the reasons and in the manner provided in ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) . The form of license containing all the terms and conditions may be set forth in the preliminary permit.

(2) The commission may deny any application for a license if it appears that the applicant has failed to comply substantially with the terms and conditions of the preliminary permit or, notwithstanding the commission has issued a preliminary permit, if in the judgment of the commission the project is unfeasible or the public interest requires the denial thereof.

(3) A municipal corporation or people’s utility district shall be given preference on any project in the issuance of a license, upon condition that the municipal corporation or people’s utility district exercising such preference right shall be required to reimburse the holder of a preliminary permit for all reasonable actual expenditures made by the holder upon the project described or referred to therein. [Amended by 1983 c.740 §214b; 1985 c.673 §150; 1995 c.229 §5]

Source: Section 543.260 — Licenses; duration; terms and conditions; termination; denial of application; preference of municipality or utility district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 536.040 — OR Code / Title 45 / Chapter 536 / Section 536.040
536.040 Public records
Status: in_force

(1) The records of the Water Resources Department are public records and shall remain on file in the department and be open to the inspection of the public at all times during business hours. The records shall show in full all maps, profiles, and engineering data relating to the use of water, and certified copies thereof shall be admissible as evidence in all cases where the original would be admissible as evidence.

(2) Whenever a record is required to be filed or maintained in the Water Resources Department, the record may be handwritten, typewritten, printed or a photostated or photographic copy and any means of recording the information is acceptable, including but not limited to papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other preservation of the document or the information contained in the document.

(3) Notwithstanding any provision of subsection (2) of this section, the Water Resources Department shall maintain a paper copy of each final water use permit, certificate, order of the Water Resources Commission or Water Resources Director, decree or certificate of registration. The copies shall be retained in a secure location in the department. [Amended by 1975 c.581 §20; 1991 c.102 §1]

Source: Section 536.040 — Public records; copies as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 543.055 — OR Code / Title 45 / Chapter 543 / Section 543.055
543.055 Hearings and witnesses
Status: in_force

(1) The Water Resources Commission may hold hearings and take testimony orally, by deposition or in such other form as the commission considers satisfactory, either within or without this state. The Water Resources Commission may require, by subpoena, the attendance of witnesses and the production of documentary evidence.

(2) An administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings) , shall conduct any contested case hearing that the commission is required or permitted by law to hold. The administrative law judge has the same powers with respect to the conduct of the hearing as are granted by law to the commission, including the taking of testimony, the signing and issuance of subpoenas and the administering of oaths and affirmations to witnesses. The administrative law judge shall keep a record of the proceedings on the hearing and shall transmit such record to the commission.

(3) The commission may designate any person to take the testimony, affidavit or deposition of a witness. The person so designated may administer an oath or affirmation to any such witness and take the testimony thereof in accordance with such rules as the commission may prescribe.

(4) Witnesses appearing before the commission or any person designated by the commission to take testimony shall be paid the fees and mileage provided for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2). [1955 c.673 §2; 1961 c.224 §14; 1985 c.673 §141; 1989 c.980 §15; 1999 c.849 §§112,113; 2003 c.75 §46]

Source: Section 543.055 — Hearings and witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 547.030 — OR Code / Title 45 / Chapter 547 / Section 547.030
547.030 Evidence at hearing
Status: in_force

(1) At the hearing the court shall hear and consider any evidence that may be presented for or against the petition or any objection thereto.

(2) Thereupon the court shall make its findings upon the facts alleged in the petition or objections and any other facts necessary and proper for the determination of the propriety of the organization of the district, which findings shall be entered on the journal of the court.

(3) If it appears to the court that the prayer of the petition should be granted, the court shall, by its order entered of record, declare the drainage district organized.

(4) If it appears to the court that the prayer of the petition should not be granted, the proceedings shall be dismissed and the costs adjudged against the signers of the petition in proportion to the acreage represented by each.

(5) In making such findings and decision, the court shall disregard any error, irregularity or omission which does not affect substantial rights, and no such error, irregularity or omission shall affect the validity of the organization or any proceedings taken thereon.

(6) Appeal may be taken de novo from the decision of the court to the circuit court. [Amended by 1979 c.284 §168]

Source: Section 547.030 — Evidence at hearing; findings; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 547.067 — OR Code / Title 45 / Chapter 547 / Section 547.067
547.067 Powers of drainage district
Status: in_force

(1) A drainage district may acquire, construct, reconstruct, repair, improve or extend improvements to carry out the purposes of the Drainage District Act.

(2) A drainage district in a county with a population greater than 700,000 persons may adopt ordinances consistent with sanitary, agricultural, public health or public safety purposes under ORS 198.510 (Definitions for ORS 198.510 to 198.600) to 198.600 (Penalty for violation of regulations) to carry out its powers and duties under the Drainage District Act, including ordinances related to:

(a) Flood protection, drainage control or management, including provisions for enforcement of the regulations;

(b) Rates, fees, fines and charges for the operation of the district and construction, maintenance, repair and improvement of the works of the district;

(c) A delegation of authority to the chief executive officer of the district to manage and administer the district; and

(d) Other matters determined by the board of supervisors to be necessary or convenient to exercise the authority granted to the district or to comply with the requirements of state and federal law.

(3) A drainage district shall provide written notice to any city in which all or a portion of the drainage district is located not more than 21 days and not less than 10 days prior to the first reading of a proposed ordinance described in subsection (2) of this section. The notice must include a brief description of the proposed ordinance and a copy of the proposed ordinance and must list the time, date and place of the public meeting at which the drainage district will consider the proposed ordinance. The date of notice shall be the date of mailing.

(4) Intentionally left blank —Ed.

(a) Notwithstanding subsection (2)(b) of this section, a drainage district may not impose on a city a rate, fee or charge unless the rate, fee or charge is a provision of an intergovernmental or urban services agreement between the drainage district and the city.

(b) A drainage district may levy a city an assessment, rate, fee, fine or charge as a property owner within the drainage district that is not a provision of an intergovernmental or urban services agreement, provided the drainage district levies the assessment, rate, fee, fine or charge against the city pursuant to the same terms and conditions as levied against other property owners within the drainage district.

(5) The drainage district shall consult and coordinate with all governmental units with authority to exercise similar powers and duties within the boundaries of the drainage district if the exercise of those powers and duties has the potential to conflict. In the event that an exercise of powers or duties by the drainage district conflicts with the exercise of similar powers by a governmental unit, the drainage district and governmental unit shall execute an intergovernmental or urban services agreement to resolve the conflict. [2015 c.544 §4]

Note: See note under 547.063 (Definitions) .

Source: Section 547.067 — Powers of drainage district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 547.515 — OR Code / Title 45 / Chapter 547 / Section 547.515
547.515 Removal of crops to another county
Status: in_force

When such crops are removed from the county in which the notice of lien is recorded, the lien shall be suspended as to subsequent purchasers and mortgagees thereof in good faith and for a valuable consideration, from and after 30 days from the time of such removal, unless within 30 days from the time of such removal the notice of lien is recorded in the county to which the property is removed. The lien shall remain suspended until the notice of lien is recorded in the county to which the crop is removed; but shall be a lien upon the crop while it is in any county in which the notice of the lien is recorded.

Source: Section 547.515 — Removal of crops to another county; recording of notice in latter county; rights of purchasers and mortgagees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.061 — OR Code / Title 45 / Chapter 545 / Section 545.061
545.061 Hearing on petition
Status: in_force

The board of directors, at the time and place mentioned in the notice, or at some other time to which the hearing of the petition may adjourn, shall hear the petition and consider all objections to the petition presented in writing by any person, showing cause why the petition should not be granted. The failure of any person to object shall be taken as assent by the person to the inclusion of the lands in the district as requested in the petition. [Formerly 545.588]

Source: Section 545.061 — Hearing on petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.007 — OR Code / Title 45 / Chapter 545 / Section 545.007
545.007 Voting rights
Status: in_force

(1) In any matter requiring or allowing a vote of the owners of land or the electors of a district:

(a) If ownership is in estates by the entirety, tenants in common, or in other cases of multiple ownership, only one vote shall be allowed on behalf of all the owners under each multiple ownership. The vote may be cast by any one of the multiple owners. When two or more persons attempt to cast a vote under this paragraph, only the vote of the person who first casts a vote shall be counted.

(b) Any corporation may vote as a single owner of land through any officer or agent when the officer or agent is authorized to vote by the corporation and the written authorization is filed with the secretary of the board of directors of the district.

(c) Any general partnership, limited partnership or limited liability company may vote as a single owner of land through any general partner, member or agent when the general partner, member or agent is authorized to vote by the entity and written evidence of the authority of the general partner, member or agent is filed with the secretary of the board of directors of the district.

(d) Any trustee of a trust, guardian, administrator or executor authorized to act as such of a person or estate owning land within the district shall be considered an owner of land for the purposes of the Irrigation District Law, when the owner in fee is not otherwise entitled to vote.

(e) An owner of land or elector may vote according to the total amount of acreage within the district owned by the owner or elector that is subject to the charges or assessments of the district on the basis of:

(A) One vote for up to 40 acres;

(B) Two votes for 40 acres or more but not more than 160 acres; and

(C) Three votes for more than 160 acres.

(f) When a district is divided into divisions under ORS 545.033 (Naming and division of districts) or 545.207 (Redivision of district upon increase in directors) and voting is by the qualified electors within a division for a director from that division, an elector who is permitted under ORS 545.207 (Redivision of district upon increase in directors) to vote in that division may cast the number of votes under subsection (1)(e) of this section that represents the total amount of eligible acreage owned by the elector within the whole district.

(2) The weighted voting provisions of subsection (1)(e) of this section do not apply in an election for the formation of a district and for its initial board of directors under ORS 545.041 (Conduct of election) and 545.043 (Qualifications of directors) (1). In such an election, each owner of land is entitled to cast one vote. [1995 c.42 §3; 1995 c.754 §3; 1999 c.452 §4]

Source: Section 545.007 — Voting rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 539.081 — OR Code / Title 45 / Chapter 539 / Section 539.081
539.081 Fees for registration statement or statement and proof of claim
Status: reserved

(1) At the time the owner or registrant submits a registration statement under ORS 539.240 (Claim to undetermined right to appropriate surface water) or, if a registration statement is not filed, when a statement and proof of claim is filed pursuant to notice by the Water Resources Director under ORS 539.030 (Notice of investigation of stream) , the owner or registrant shall pay a fee as follows:

(a) If for irrigation use, $2.70 for each acre of irrigated lands up to 100 acres and $1.40 for each acre in excess of 100 acres. The minimum fee for any owner or registrant for irrigation use shall be $140.

(b) If for power use, $2.70 for each theoretical horsepower up to 100 horsepower, $1.10 for each horsepower in excess of 100 up to 500 horsepower, 70 cents for each horsepower in excess of 500 horsepower up to 1,000 horsepower and 50 cents for each horsepower in excess of 1,000 horsepower, as set forth in the proof. The minimum fee for any owner or registrant for power use shall be $410.

(c) If for mining or any other use, $680 for the first second-foot or fraction of the first second-foot and $140 for each additional second-foot.

(2) The fees under subsection (1) of this section shall not apply to any federally recognized Indian tribe, or to the United States acting as trustee for such a tribe, claiming, under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) , an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted in-stream use to satisfy tribal hunting, fishing or gathering rights.

(3) If the registration statement shows that the water right was initiated by making application for a permit under the provisions of ORS chapter 537, the owner or registrant shall be given credit for the money paid as examination and recording fees. A credit under this subsection shall be allowed only if the application under ORS chapter 537 was for a permit to appropriate water to be applied to the same parcel of land or for the same use as set forth in the registration statement.

(4) All fees paid under this section shall be deposited into the General Fund of the State Treasury and credited to an account of the Water Resources Department. The fees shall be used to pay for the expenses of the department to:

(a) Register claims to undetermined vested rights or federal reserved rights under ORS 539.230 (Notice of need to file registration statement) and 539.240 (Claim to undetermined right to appropriate surface water) ; and

(b) Determine claims filed or registered under ORS 539.230 (Notice of need to file registration statement) and 539.240 (Claim to undetermined right to appropriate surface water) .

(5) No registration statement or statement and proof of claim shall be accepted for filing unless the registration statement or claim is accompanied by the fee in the amount set forth in this section. If the federal government is determined to be immune from the payment of such fees, the director may elect to accept a federal claim for filing without the accompanying fees. [1987 c.541 §7 (enacted in lieu of 539.080); 1989 c.691 §8; 1993 c.157 §3; 1993 c.535 §1; 2013 c.644 §§11,12; 2017 c.571 §§9,10; 2021 c.515 §5]

Source: Section 539.081 — Fees for registration statement or statement and proof of claim; exemption; disposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 543a.115 — OR Code / Title 45 / Chapter 543a / Section 543a.115
543A.115 Final unified state position
Status: in_force

(1) Upon receipt of the Department of Environmental Quality’s water quality certification decision, the Hydroelectric Application Review Team shall prepare a final unified state position. The final unified state position shall take into consideration public comments received, shall be consistent with the Department of Environmental Quality’s water quality certification decision and shall incorporate conditions attached to any certification by the Director of the Department of Environmental Quality pursuant to 33 U.S.C. 1341(d). The final unified state position also shall include recommendations under 16 U.S.C. 803(j), any other conditions recommended for inclusion in the federal license for the project and any additional information requests to be addressed in the federal proceeding. The team also shall prepare a proposed final order on reauthorization of a water right for the project.

(2) The team shall provide the final unified state position to the applicant and to the Federal Energy Regulatory Commission. The team shall submit the proposed final order on reauthorization of the water right to the Water Resources Department. Upon receipt of the proposed final order, the department shall complete processing of the application for reauthorization of the water right in accordance with the provisions of ORS 543A.120 (Proposed final order) to 543A.300 (Decommissioning) .

(3) The team may submit to the Federal Energy Regulatory Commission and the applicant any proposed final unified state position, comments, recommendations, conditions or additional information requests, coordinated in accordance with this chapter, at any time necessary to satisfy a deadline established by the Federal Energy Regulatory Commission for such submission, even if the procedures set forth in this section for the development of a final unified state position have not been completed. [1997 c.449 §22; 2001 c.369 §6]

Source: Section 543A.115 — Final unified state position , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 537.310 — OR Code / Title 45 / Chapter 537 / Section 537.310
537.310 Acquisition of water rights for railway purposes
Status: in_force

(1) Any corporation organized for the construction, maintenance or operation of any railway may acquire, hold and appropriate to its use for railway purposes any waters within the state. The appropriation may be accomplished by the procedure provided by ORS 537.130 (Permit to appropriate water required) and 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit) . A railway corporation may acquire by purchase, gift or devise, or by condemnation as provided in subsection (2) of this section, any water rights owned by any person and the rights of other persons affected by change of place or character of use of the water rights. Upon acquisition of the water rights by the corporation the right shall be severed from the land of the grantor and simultaneously transferred and become appurtenant to the operating property of the railway corporation, without losing the priority of the water right as originally established.

(2) Any such corporation may condemn and appropriate for railway operating purposes the rights of any private appropriator of waters within the state. The right of condemnation shall be exercised in the same manner as other property is condemned and appropriated for railway purposes; provided, that no water right so condemned shall exceed two cubic feet per second.

(3) Upon satisfactory proof of the acquisition of water rights by any such corporation through purchase, gift, devise or condemnation, the Water Resources Commission shall issue to the corporation a certificate of the same character as that described in ORS 539.140 (Water right certificates) , which shall be recorded and transmitted to the corporation, as provided in that section. All certificates of water rights issued before May 29, 1925, by the Board of Control or the Water Resources Director to any such corporation shall be sufficient in law to convey to the corporation the water rights described in the certificates, and such certificates shall be received in evidence in all courts in this state. [Amended by 1985 c.673 §40]

Source: Section 537.310 — Acquisition of water rights for railway purposes; certificates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 555.050 — OR Code / Title 45 / Chapter 555 / Section 555.050
555.050 Application to Water Resources Commission for lands to be reclaimed
Status: in_force

(1) Any person desiring to construct ditches, canals or other irrigation works to reclaim land 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) shall, at the expense of the person, file with the Water Resources Commission an application for selection on behalf of the state, by the commission, of the land to be reclaimed. The application shall conform to all requirements of the federal laws and rulings thereunder, and be accompanied by the necessary land office fees and such additional data as may be prescribed by the commission, including a preliminary estimate of costs and the amount of lien asked for. If the application is made in proper form, and it appears that the proposed plan is feasible, that the applicant is financially able to complete the work, and that its completion will be to the best interests of the state, then the commission, at the expense and cost of the applicant, shall make proper application for the selection and withdrawal of the lands included in the application.

(2) The commission may do all things necessary to secure the withdrawal of lands on behalf of the commission by the Secretary of the Interior, and let a contract to the lowest responsible bidder for the reclamation and colonization of the same when withdrawn.

Source: Section 555.050 — Application to Water Resources Commission for lands to be reclaimed; selection and withdrawal of lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.926 — OR Code / Title 45 / Chapter 541 / Section 541.926
541.926 Duties of board
Status: in_force

(1) The Oregon Watershed Enhancement Board shall conduct a watershed enhancement program to benefit all users of the waters of this state. The board shall conduct the program in a manner that provides the greatest possible opportunity for volunteer participation to achieve the goals of the program. In carrying out the watershed enhancement program, the board shall:

(a) Coordinate the board’s funding of enhancement projects with the activities of the Natural Resources Division staff and other agencies, especially those agencies working together through a system of coordinated resource management planning.

(b) Use the expertise of the appropriate state agency according to the type of enhancement project.

(c) Provide educational and informational materials to promote public awareness and involvement in the watershed enhancement program.

(d) Coordinate and provide for or arrange for assistance in the activities of persons, agencies or political subdivisions developing local watershed enhancement projects funded by the board.

(e) Grant funds for the support of watershed councils in assessing watershed conditions, developing action plans, implementing projects and monitoring results and for the implementation of watershed enhancement projects from such moneys as may be available to the board for that purpose.

(f) Develop and maintain a centralized repository for information about the effects of watershed enhancement projects.

(g) Give priority to proposed watershed enhancement projects receiving funding or assistance from other sources.

(h) Identify, and provide funding or support for filling, gaps in information about watershed health and enhancement.

(i) Cooperate with appropriate federal entities to identify the needs and interests of the State of Oregon so that federal plans and project schedules relating to watershed enhancement incorporate the state’s intent to the fullest extent practicable.

(j) Encourage the use of nonstructural methods to enhance the riparian areas and associated uplands of Oregon’s watersheds.

(k) Determine criteria for utilizing the private sector, both not-for-profit and for-profit organizations, to provide landowners with technical assistance to help develop and implement conservation easements and resource improvement projects.

(2) In accordance with ORS 541.890 (Definitions for ORS 541.890 to 541.969) to 541.969 (Report to Legislative Assembly by state agencies receiving subaccount moneys) , the board shall administer a watershed conservation grant program using funds from the Watershed Conservation Grant Fund established under ORS 541.947 (Watershed Conservation Grant Fund) , from the Natural Resources Subaccount established under ORS 541.942 (Natural Resources Subaccount) and from the Flexible Incentives Account established under ORS 541.937 (Flexible Incentives Account) .

(3) To aid and advise the board in the performance of the functions of the board, the board may establish such advisory and technical committees as the board considers necessary. These committees may be continuing or temporary. The board shall determine the representation, membership, terms and organization of the committees and shall appoint their members. The chairperson is ex officio a member of each committee. [Formerly 541.370; 2017 c.14 §5]

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

Source: Section 541.926 — Duties of board; grant program; advisory committees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 536.900 — OR Code / Title 45 / Chapter 536 / Section 536.900
536.900 Civil penalties
Status: in_force

(1) In addition to any other liability or penalty provided by law, the Water Resources Commission may impose a civil penalty on a person for violation of:

(a) A term or condition of a permit, certificate or license issued under ORS chapters 536 to 543A.

(b) ORS 537.130 (Permit to appropriate water required) or 537.535 (Unlawful use or appropriation of ground water, including well construction and operation) .

(c) ORS 537.545 (Exempt uses) (5) or a rule described in ORS 537.545 (Exempt uses) (7).

(d) A commission rule or order that pertains to well maintenance.

(e) ORS 540.045 (Watermaster duties) , 540.145 (Distribution of water) , 540.210 (Distribution from ditch or reservoir) , 540.310 (Ditches and canals) , 540.320 (Noncompliance with requirements) , 540.330 (Reservoirs) , 540.340 (Reservoir and diversion dam) , 540.435 (Installation of totalizing measuring device) , 540.440 (Owner to clear weeds from ditch right of way) , 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) and 540.730 (Obstruction interfering with access to or use of works) or rules adopted under ORS 540.145 (Distribution of water) .

(f) ORS 537.897 (Records of purchases from water suppliers) or 537.898 (Hauling water used for Cannabis plants) (2).

(g) ORS 537.387 (Limitations on water use related to Cannabis plants) .

(2) A civil penalty may be imposed under this section for each day of violation of ORS 537.130 (Permit to appropriate water required) , 537.535 (Unlawful use or appropriation of ground water, including well construction and operation) , 540.045 (Watermaster duties) , 540.310 (Ditches and canals) , 540.330 (Reservoirs) , 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) .

(3) In the event the petitioner knowingly misrepresents the map and petition required in ORS 541.329 (Petition for approval of district map) , the commission may assess a penalty of up to $1,000 based upon guidelines to be established by the commission. In addition, the petition and map shall be amended to correct the error at the petitioner’s cost. Affected users shall be given notice as provided in ORS 541.329 (Petition for approval of district map) (5).

(4) A civil penalty may not be imposed until the commission prescribes a reasonable time to eliminate the violation. The commission shall notify the violator of the time allowed to correct a violation within 10 business days after the commission first becomes aware of the violation.

(5) Notwithstanding any term or condition of a permit, certificate or license, the rotation of the use of water under ORS 540.150 (Rotation in water use) may not be considered a violation under subsection (1) of this section.

(6) The commission may impose a civil penalty of not more than $2,000 per occurrence for a violation described in subsection (1)(g) of this section. [1989 c.618 §1; 1991 c.869 §5; 1993 c.818 §5; 1999 c.873 §21; 2001 c.788 §§6,12; 2003 c.705 §§17,18; 2009 c.819 §2; 2021 c.610 §20a; 2022 c.52 §5; 2023 c.209 §11]

Note: 536.900 (Civil penalties) to 536.935 (Disposition of penalties) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 536.900 — Civil penalties; imposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 545.496 — OR Code / Title 45 / Chapter 545 / Section 545.496
545.496 Collection of incurred charges
Status: in_force

(1) Incurred charges under ORS 545.482 (Authorization of method for billing and collecting incurred charges) , 545.484 (Computation of amount to be raised) and 545.494 (Unpaid charge as lien on land) shall be collected by the secretary of the district. The district may withhold delivery of water from any tract of land until the incurred charges for the current year and any prior years, including interest and lien and collection costs and fees, are paid in full.

(2) If an incurred charge, or any installment of an incurred charge, under ORS 545.482 (Authorization of method for billing and collecting incurred charges) , 545.484 (Computation of amount to be raised) and 545.494 (Unpaid charge as lien on land) is not paid when due, interest shall be charged and collected on the incurred charge or installment at the rate of one and one-third percent per month, or fraction of a month, until paid.

(3) If a notice of claim of lien has been filed under ORS 545.494 (Unpaid charge as lien on land) , the costs of the filing and any costs of removing the lien, including but not limited to recording and filing fees, title search fees and a reasonable administrative fee, shall be charged and collected. [Amended by 1981 c.71 §1; 1991 c.459 §423g; 1993 c.771 §16; 1995 c.42 §116; 1995 c.754 §8; 2001 c.476 §3]

Source: Section 545.496 — Collection of incurred charges; withholding of water until payment; interest on unpaid charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 552.428 — OR Code / Title 45 / Chapter 552 / Section 552.428
552.428 Letting construction contract
Status: in_force

After advertising for bids, the board shall let a contract for construction of the whole or any part of the project to the lowest responsible bidder; or the board may reject any or all bids and readvertise; or it may construct the project under its own superintendence. Good and sufficient bond, or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) running in favor of the district, shall be required of each contractor, conditioned that the contractor will well and truly comply with all the provisions of the contract and perform all work in accordance with the terms thereof. [1969 c.606 §37; 1991 c.331 §81; 1997 c.631 §491]

Source: Section 552.428 — Letting construction contract; contractor’s bond or letter of credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 545.271 — OR Code / Title 45 / Chapter 545 / Section 545.271
545.271 Furnishing water
Status: in_force

Upon receiving proper compensation, an irrigation district may provide for and furnish water for lands not included within the district and for lands within the district but not subject to assessment by the district. An irrigation district may acquire, assume or exercise any rights, property, powers or obligations of a contractor with the state under the Carey Act and may be organized in lieu of a water users’ association required either by statute or contract. An irrigation district may provide for and furnish water for control of the temperature, humidity or other qualities of the atmospheric conditions pertaining to land otherwise irrigable under this chapter or under ORS chapter 552. [Formerly 545.102]

Source: Section 545.271 — Furnishing water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.100 — OR Code / Title 45 / Chapter 540 / Section 540.100
540.100 Division of water among users
Status: in_force

(1) When water users are unable to agree to the distribution or division of water, a majority of them may request the watermaster of the district in which the distribution or division is in dispute to make a just division or distribution of water among the parties entitled to the use of the water. The request shall be in writing and shall set forth the pertinent facts of the dispute.

(2) If no provision has been made for payment of the necessary assistant watermaster or expenses as provided by ORS 540.080 (Assistant watermasters) , the assistant shall be paid by the water users among whom the distribution or division is made.

(3) The expense of any assistant watermaster shall be paid by the water users in proportion to the area of land for which each water user is entitled to the use of water, so that each one shall pay the same rate per acre. [Amended by 1957 c.546 §5; 1961 c.636 §4; 1979 c.18 §2; 1985 c.421 §9]

Source: Section 540.100 — Division of water among users; payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 541.686 — OR Code / Title 45 / Chapter 541 / Section 541.686
541.686 Protection of project water dedicated to in-stream use
Status: in_force

If a project dedicates water to in-stream use under the requirements described in ORS 541.681 (Conditions of grants for developing certain types of above-ground storage facilities) or as allowed under ORS 541.683 (Demonstration of public benefits of project) , the Water Resources Department shall protect the dedicated water in-stream consistent with the priority of the dedicated water source. Dedicated water from projects may come from newly developed water or from other sources and may be put in-stream at other locations in the tributary if the department determines as provided under ORS 540.530 (Order authorizing change of use, place of use or point of diversion) that the alternate location would not injure existing water rights and, in consultation with the State Department of Fish and Wildlife, determines that the alternate location would provide greater or equal environmental benefit. The Water Resources Department, in consultation with the State Department of Fish and Wildlife, shall determine the timing of the flows to maximize in-stream benefits in a manner consistent with public health and safety. [2013 c.784 §12]

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

Source: Section 541.686 — Protection of project water dedicated to in-stream use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.440 — OR Code / Title 45 / Chapter 537 / Section 537.440
537.440 Cancellation of permit
Status: in_force

If the decision of the Water Resources Commission requires the cancellation of a permit, then the commission shall at once cancel, or have canceled, the permit. Thereafter the permit shall be of no further force or effect, and shall not be recognized or admitted as evidence of any right or interest in or to the waters covered by it in any proceeding in the courts or before other tribunals of the state. Permits having subsequent priority shall upon such cancellation have priority in the order of the filing of the applications upon which subsequent permits are based, as if the canceled permit, or the application upon which it was based, had never existed. [Amended by 1985 c.673 §43]

Source: Section 537.440 — Cancellation of permit; priorities of other permits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.506 — OR Code / Title 45 / Chapter 545 / Section 545.506
545.506 Payment of taxes by district
Status: in_force

At any time after any incurred charge on a tract of land under ORS 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) becomes delinquent, the irrigation district may pay any state and county taxes that are due or delinquent on the tract of land and add the amount paid to the lien of the district against the tract. [Amended by 1991 c.459 §423L; 1995 c.42 §121; 2001 c.476 §8]

Source: Section 545.506 — Payment of taxes by district; amount paid added to lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.265 — OR Code / Title 45 / Chapter 547 / Section 547.265
547.265 Amendment of plan where works or charge insufficient
Status: in_force

Where the works set out in the plan for reclamation of any drainage district are found insufficient to reclaim in whole or in part any or all of the land of the district, the board of supervisors may formulate new or amended plans containing new ditches, levees or other works, and additional assessments may be made in conformity with the provisions of ORS 547.225 (Assessment of benefits and damages by commissioners) , the same to be made in proportion to the increased benefits accruing to the lands because of the additional works. If it should be found at any time that the total of the charges made under ORS 547.455 (Annual charge or assessment) to 547.485 (Governing body of county to make assessment and levy upon failure of supervisors to do so) is insufficient to pay the cost of works set out in the plan for reclamation or additional work done under this section, the board of supervisors may impose an additional charge to provide funds to complete the work, provided the total of all charges does not exceed the total amount of benefits assessed. [Amended by 1991 c.459 §425g]

Source: Section 547.265 — Amendment of plan where works or charge insufficient; additional charge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 547.460 — OR Code / Title 45 / Chapter 547 / Section 547.460
547.460 County, city and town lands subject to taxation, assessment or charges
Status: in_force

Any land situated within a drainage district, the title to which is vested in any county, city or town, shall be subject to taxation, assessment or charge by the district. The full amount of taxes or assessments due against the land or the full amount of charges imposed upon the county, city or town shall be paid to the district at the same times and in the same manner as other drainage district taxes, assessments or charges. [Amended by 1991 c.459 §425k]

Source: Section 547.460 — County, city and town lands subject to taxation, assessment or charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.467 — OR Code / Title 45 / Chapter 540 / Section 540.467
540.467 Owner action to address maintenance issues
Status: in_force

(1) If, as the result of an inspection under ORS 540.455 (Dam inspections and analysis) of a dam that has a significant hazard rating or high hazard rating, the Water Resources Department concludes that maintenance actions are needed, the department shall inform the dam owner of the need for maintenance actions. The department shall provide the information by inclusion in the inspection document and provide the dam owner with the opportunity to meet with the department concerning the information.

(2) If the department or its agent or representative conducts an inspection and the department determines that the dam owner has failed to take needed maintenance actions identified in a prior inspection document, in addition to any other available remedies, the Water Resources Director may issue a proposed final order under subsection (3) of this section. A proposed final order under subsection (3) of this section shall include notice and opportunity for hearing under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) .

(3) Subject to subsection (2) of this section, the director may issue a proposed final order that includes, but need not be limited to, provisions:

(a) Requiring the dam owner to perform the needed maintenance actions by a specified date; and

(b) Imposing a civil penalty under ORS 540.995 (Civil penalties) , not to exceed an amount established by the Water Resources Commission by rule, for failing to address the needed maintenance actions identified in the proposed final order or failing to comply with a resolution reached through informal or alternative means.

(4) If the dam owner performs needed maintenance actions required by a proposed final order issued under subsection (3) of this section to the satisfaction of the department by the date specified in the proposed final order, the director may not impose any civil penalty that was described in the proposed final order.

(5) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183.

(6) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in this section. [2019 c.390 §10]

Source: Section 540.467 — Owner action to address maintenance issues; hearing; proposed and final orders; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 541.974 — OR Code / Title 45 / Chapter 541 / Section 541.974
541.974 Stewardship Agreement Grant Fund
Status: in_force

(1) The Stewardship Agreement Grant Fund is established separate and distinct from the General Fund. The Stewardship Agreement Grant Fund shall consist of all moneys placed in the fund as provided by law. All moneys in the Stewardship Agreement Grant Fund are continuously appropriated to the State Board of Forestry to provide grants to carry out the purposes of stewardship agreements described in ORS 541.973 (Stewardship agreements) . Interest accruing to the Stewardship Agreement Grant Fund shall be credited to the fund. Funds appropriated and not expended by the completion of a biennium shall remain in the Stewardship Agreement Grant Fund.

(2) The State Board of Forestry shall administer the Stewardship Agreement Grant Fund and provide grants from the fund to landowners who have entered into stewardship agreements for the purposes described in ORS 541.973 (Stewardship agreements) .

(3) In addition to the funds made available for the purposes of ORS 541.973 (Stewardship agreements) , the board also may accept gifts and grants from any public or private source for the purpose of providing the grants described in subsection (2) of this section. [Formerly 541.425]

Note: 541.974 (Stewardship Agreement Grant Fund) and 541.975 (Criteria for funding projects from Stewardship Agreement Grant Fund) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.974 — Stewardship Agreement Grant Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 543a.810 — OR Code / Title 45 / Chapter 543a / Section 543a.810
543A.810 Effect of amendment or repeal of law
Status: in_force

Amendment or repeal of any section of ORS chapter 543A does not affect any water right or the rights of any holder of a water right issued thereunder. [2001 c.369 §8]

Note: 543A.810 (Effect of amendment or repeal of law) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 543A.810 — Effect of amendment or repeal of law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 537.349 — OR Code / Title 45 / Chapter 537 / Section 537.349
537.349 Processing request for in-stream water right
Status: in_force

Except as provided in ORS 537.343 (Proposed final order) , the Water Resources Department shall process a request received under ORS 537.336 (State agencies authorized to request in-stream water rights) for a certificate for an in-stream water right in accordance with the provisions for obtaining a permit to appropriate water under ORS 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit) . [1995 c.416 §19]

Source: Section 537.349 — Processing request for in-stream water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.420 — OR Code / Title 45 / Chapter 537 / Section 537.420
537.420 Notice of hearing
Status: in_force

Whenever a permit holder fails to comply with the laws of the state and the requirements of the permit as to the commencement of work with due diligence, completion of the work of construction or the application of the water for a beneficial use, and the permit is subject to cancellation as provided in ORS 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.450 (Rules for proof as to work and use of water under permits) , the Water Resources Commission shall, not less than 30 nor more than 60 days prior to the hearing provided for in ORS 537.445 (Hearing upon proposal to cancel permit or appropriation) , notify each person who, according to Water Resources Department records, is the holder of a water right permit or certificate whose right may be injured by the proposed cancellation. The notice shall require the holder of the permit to appear before the commission at the time and place designated in the notice, and show cause why the permit described in the notice should not be canceled for the reasons therein specified. The notice shall contain a brief statement of the grounds for cancellation and shall be served in accordance with ORS 183.415 (Notice of right to hearing) . [Amended by 1983 c.740 §212; 1985 c.673 §42; 1991 c.103 §1]

Source: Section 537.420 — Notice of hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.683 — OR Code / Title 45 / Chapter 541 / Section 541.683
541.683 Demonstration of public benefits of project
Status: in_force

(1) A project that receives a loan or grant from the Water Supply Development Account must:

(a) Demonstrate social or cultural benefits and economic benefits sufficient to qualify the project under the scoring and ranking system described in ORS 541.669 (Scoring and ranking of projects) ; and

(b) Except as otherwise provided in ORS 541.681 (Conditions of grants for developing certain types of above-ground storage facilities) , demonstrate environmental benefits:

(A) By dedicating 25 percent of conserved water or newly developed water to in-stream use; or

(B) By demonstrating environmental benefits that are sufficient to qualify the project under the scoring and ranking system described in ORS 541.669 (Scoring and ranking of projects) .

(2) The description of public benefit requirements in subsection (1) of this section does not exempt any project from meeting the minimum criteria designed by the Water Resources Commission under ORS 541.677 (Target outcomes for scoring and ranking criteria) .

(3) To establish that a project complies with subsection (1)(b) of this section, the loan or 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 §11]

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

Source: Section 541.683 — Demonstration of public benefits of project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 542.030 — OR Code / Title 45 / Chapter 542 / Section 542.030
542.030 Report by commission
Status: in_force

As soon as practicable after the completion of the surveys and investigations, the Water Resources Commission shall prepare or have prepared a report setting forth the plans, specifications and estimated cost of construction, maintenance and operation of the projects, together with any other information tending to show their feasibility, and may in the discretion of the commission have the report printed in pamphlet form and distributed to those interested. Copies of completed maps, plans, specifications, estimates and reports secured or prepared in connection with any such investigation shall be kept on file in the Water Resources Department at all times, and open for public inspection during business hours. [Amended by 1985 c.673 §131]

Source: Section 542.030 — Report by commission; contents; copies for public inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 539.100 — OR Code / Title 45 / Chapter 539 / Section 539.100
539.100 Contest of claims submitted to director
Status: in_force

Any person owning any irrigation works, or claiming any interest in the stream involved in the determination shall be a party to, and bound by, the adjudication. Any party who desires to contest any of the rights of the persons who have submitted their evidence to the Water Resources Director as provided in ORS 539.021 (Determination by Water Resources Director of rights of claimants) to 539.090 (Notice of right to inspect evidence, and of place of court hearing) shall, within 15 days after the expiration of the period fixed in the notice for public inspection, or within such extension of the period, not exceeding 20 days, as the director may allow, notify the director in writing, stating with reasonable certainty the grounds of the proposed contest, which statement shall be verified by the affidavit of the contestant, the agent or attorney of the contestant. A party not claiming an undetermined vested right under this chapter or not contesting the claim of another need not participate further in the proceeding, nor be served with further notices or documents regarding the adjudication. Upon the filing of a statement of contest, service thereof shall be made by the contestant upon the contestee by mailing a copy by registered mail or by certified mail, return receipt requested, addressed to the contestee or to the authorized agent or attorney of the contestee at the post-office address of the contestee as stated in the statement and proof of claim of the contestee. Proof of service shall be made and filed with the Water Resources Department by the contestant as soon as possible after serving the copy of statement of contest. [Amended by 1989 c.691 §10; 1991 c.102 §5; 1991 c.249 §47]

Source: Section 539.100 — Contest of claims submitted to director; notice by contestant; service on contestee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 558.050 — OR Code / Title 45 / Chapter 558 / Section 558.050
558.050 Proof of financial responsibility
Status: in_force

(1) No license shall be issued to any person until the person has filed with the State Department of Agriculture proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by the person in the amount of $100,000 because of bodily injury to or death of one person resulting from any one accident, and, subject to said limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons resulting from any one accident, and in the amount of $300,000 because of injury to or destruction of property of others resulting from any one accident.

(2) Proof of financial responsibility may be given by filing with the department a certificate of insurance or a bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) or a certificate evidencing deposit of money in the same manner and with the same effect as provided by ORS 558.052 (Requirements for bonds used to meet financial responsibility) to 558.054 (Deposit of cash or other security to meet financial responsibility) , 806.080 (Insurance) and 806.270 (Certificate of insurance) . [1953 c.654 §13; 1975 c.420 §1a; 1983 c.338 §961; 1991 c.331 §82; 1995 c.41 §3; 1997 c.631 §495; 2003 c.175 §13]

Source: Section 558.050 — Proof of financial responsibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 545.466 — OR Code / Title 45 / Chapter 545 / Section 545.466
545.466 Effect of ORS 545.462 and 545.464 on existing laws
Status: in_force

ORS 545.462 (Cancellation or compromise of assessment liens on lands acquired by county for taxes) and 545.464 (Order to tax collector to cancel or change liens) do not repeal or amend any existing law relating to the manner of collection of unpaid irrigation district assessments. [Amended by 1995 c.42 §105]

Source: Section 545.466 — Effect of ORS 545.462 and 545.464 on existing laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 554.150 — OR Code / Title 45 / Chapter 554 / Section 554.150
554.150 Action to compel assessment
Status: in_force

If the board of directors neglects to make any assessment provided by ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) for 30 days after the time when it is required to be made, any member of the corporation or any creditor thereof who is likely to be injured thereby may bring an action to compel the assessment to be made. In any such case the costs and expenses thereof may be assessed to the directors who were willfully negligent in failing to make the same and judgment rendered against them jointly and severally by the court in the same action. In such action the corporation and the directors shall be parties defendant. [Amended by 1979 c.284 §173]

Source: Section 554.150 — Action to compel assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 550.195 — OR Code / Title 45 / Chapter 550 / Section 550.195
550.195 Board of directors
Status: in_force

(1) The board of directors shall consist of nine voting directors selected as follows:

(a) One director shall be elected at large by the electors. A candidate for this position must be an elector.

(b) Four directors shall be elected at large by the electors. A candidate for any of these positions must be an elector who:

(A) Resides within the managed floodplain;

(B) Regardless of whether the elector resides within the managed floodplain, owns real property located within the managed floodplain; or

(C) Regardless of whether the elector resides within the managed floodplain, is the designated representative of a business or other for profit or nonprofit corporation that owns real property located within the managed floodplain and is authorized in writing by the owner to be a candidate at the time of filing the declaration of candidacy.

(c) Intentionally left blank —Ed.

(A) The Governor shall appoint four directors as follows:

(i) One director with expertise or an interest in flood safety;

(ii) One director with expertise or an interest in environmental conservation;

(iii) One director with expertise or an interest in environmental justice; and

(iv) One director representing the Port of Portland from among persons recommended by the board of commissioners of the Port of Portland.

(B) Before making an appointment under subparagraph (A)(i) to (iii) of this paragraph, the Governor shall provide the board of directors with an opportunity to recommend individuals who may have specific kinds of expertise that the board believes to be necessary or beneficial to the district.

(2) Each elected director of the board of directors shall be elected at a regular district election for a term of four years as provided in ORS 255.335 (Regular district election) .

(3) Each director of the board of directors appointed by the Governor under subsection (1)(c) of this section shall be appointed for a term of four years beginning July 1 and ending June 30.

(4)(a)(A) The board of directors shall fill any vacancy among the elected directors of the board of directors as provided in ORS 198.320 (Filling of vacancies on governing bodies of certain districts) .

(B) The Governor shall fill any vacancy among the appointed directors of the board of directors.

(b) A director appointed to the board of directors under paragraph (a) of this subsection shall serve the remainder of the unexpired term of the director that the newly appointed director replaces. [2022 c.16 §5]

Source: Section 550.195 — Board of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 541.692 — OR Code / Title 45 / Chapter 541 / Section 541.692
541.692 Permits
Status: in_force

(1) Before loan or grant moneys are expended from the Water Supply Development Account for the construction of a project, the recipient must obtain all applicable local, state and federal permits. Project materials must include a notation indicating that Water Resources Department funding was used for the project.

(2) The loans or grants may be conditioned to require that the recipient complete and operate the funded project as described in the loan or grant application. The department may require that before commencing the operation of a project funded with account moneys, the funding recipient demonstrate that the public benefits identified for the project, including any environmental benefits proposed at a location other than the project site, will be realized in a timely fashion.

(3) At regular intervals, and upon completion of the project, the loan or grant recipient must submit updates to the department that describe the completed work, the public benefits achieved and project expenditures. The recipient must regularly measure and report the water diverted and used from the project. The recipient must monitor, evaluate and maintain the project for the life of the loan, or for a specified number of years for a grant, and provide annual progress reports to the department. The department may impose other project-specific conditions by noting the conditions during project evaluation and including the condition in the funding agreement for the project.

(4) The department may terminate, reduce or delay funding for a project if the loan or grant recipient fails to comply with any provision of subsections (1) to (3) of this section. [2013 c.784 §14]

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

Source: Section 541.692 — Permits; requirements for project operation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 553.665 — OR Code / Title 45 / Chapter 553 / Section 553.665
553.665 Bond Fund
Status: in_force

The treasurer shall keep a “Bond Fund” account or a “Bond and United States Contract Fund” account, as the case may be, into which shall be deposited all moneys arising from the sale of refunding bonds and from charges, assessments, taxes and levies until there is sufficient money in the fund to meet the next installment of principal and interest upon bonds of the subdistrict and to meet all payments for construction and other purposes to the United States. From the fund the treasurer shall pay moneys due as principal and interest on bonds as they mature and the bonds and coupons are presented and as payments to the United States fall due. Moneys received from the sale of bonds and otherwise for construction or acquisition of works by the subdistrict shall be deposited into a “Construction Fund.” All other moneys received by the subdistrict shall be deposited into a fund known as the “General Fund,” from which shall be defrayed all obligations of the subdistrict other than those in this section described. The Bond and United States Contract Fund accounts shall be devoted to the obligations of the subdistrict payable therefrom in the order of the priority of the creation of the obligations. [1965 c.623 §26; 1991 c.459 §431g]

Source: Section 553.665 — Bond Fund; Bond and United States Contract Fund; Construction Fund; General Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 554.200 — OR Code / Title 45 / Chapter 554 / Section 554.200
554.200 Incurring indebtedness before notice recorded
Status: in_force

When any corporation is organized pursuant to ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) , the board of directors and the corporation may not lawfully incur any indebtedness or obligation of such corporation, except as otherwise provided in ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) , before the landowners’ notice has been executed and recorded. When the notice is so recorded, it shall be notice to the world of the facts therein stated. It shall not be necessary, for the purpose of the lien of any assessment or indebtedness of the corporation upon any of the lands described therein, to file or record in the office where deeds and other instruments affecting the title to real property are recorded, any resolution of the corporation or notice of assessment, indebtedness or lien; but as to all matters upon the recording of the landowners’ notice every person interested in any of the land therein described or dealing with respect thereto is put upon inquiry respecting the same and shall ascertain from the corporation the extent and amount of such indebtedness, assessment and lien upon the land. [Amended by 1987 c.158 §117]

Source: Section 554.200 — Incurring indebtedness before notice recorded; scope of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 540.250 — OR Code / Title 45 / Chapter 540 / Section 540.250
540.250 Lien, notice of intent to claim
Status: in_force

(1) If not paid, the lien under ORS 540.240 (Lien for wages and expense) may be made effective by the assistant filing a notice in writing of intention to claim a lien for the assistant’s wages and expense with the county clerk of the county in which the ditch, pipeline or reservoir and lands are situated.

(2) The notice filed under subsection (1) of this section shall:

(a) Be verified and subscribed by the watermaster or assistant;

(b) Specify the particular items of wages and expense for which the lien is claimed;

(c) Describe the lands of each water user upon which the lien is claimed; and

(d) Set forth the name of the ditch, pipeline or reservoir and the name of the owner or reputed owner of the lands and ditch, pipeline or reservoir against which the lien is claimed.

(3) The lien shall be filed within 60 days from the completion of distribution. Suit to foreclose the lien shall be brought in the circuit court of the county in which all or part of the lands, ditch, pipeline or reservoir, or any part, are situated, within six months from the date of filing the notice.

(4) The lien shall be foreclosed in the manner provided by law for the foreclosure of liens against real property. The court may award reasonable attorney fees to the prevailing party in an action to foreclose a lien under this section. [Amended by 1981 c.897 §59; 1985 c.421 §15; 1995 c.618 §81]

Source: Section 540.250 — Lien, notice of intent to claim; foreclosure; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 541.756 — OR Code / Title 45 / Chapter 541 / Section 541.756
541.756 Projects obtaining other funds for construction
Status: in_force

Except as provided in ORS 541.760 (Reduction of loan amount when secondary use funding available) :

(1) If any water development project investigated under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) , other than a safe drinking water project financed in whole or in part from moneys in the Special Public Works Fund created by ORS 285B.455 (Special Public Works Fund) or the Water Fund created by ORS 285B.563 (Water Fund) , is constructed with funds other than those loaned under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) , the amount expended by the state shall immediately become due and payable, together with interest at the rate provided in ORS 541.730 (Loan contract) (2) from the date of notification of the amount due.

(2) If any water development project is refinanced or financial assistance is obtained from other sources, other than a safe drinking water project financed in whole or in part from moneys in the Special Public Works Fund created by ORS 285B.455 (Special Public Works Fund) or the Water Fund created by ORS 285B.563 (Water Fund) , after the execution of the loan from the state, all such funds shall be first used to repay the state. [2013 c.784 §39]

Note: 541.756 (Projects obtaining other funds for construction) was added to and made a part of 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.756 — Projects obtaining other funds for construction; repayment of funds loaned by state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 543a.025 — OR Code / Title 45 / Chapter 543a / Section 543a.025
543A.025 Minimum standards for decision on reauthorization of water right
Status: in_force

(1) Following the process set forth in ORS 543A.005 (Definitions) to 543A.410 (Fee schedule) , the Water Resources Director shall issue a water right for continued operation of an existing hydroelectric project upon a finding that the proposed use will not impair or be detrimental to the public interest, considering:

(a) Conserving the highest use of the water for all purposes, including irrigation, domestic use, municipal water supply, power development, public recreation, protection of commercial and game fishing and wildlife, fire protection, mining, industrial purposes, navigation, scenic attraction or any other beneficial use to which the water may be applied for which it may have a special value to the public.

(b) The maximum economic development of the waters involved.

(c) The control of the waters of this state for all beneficial purposes, including drainage, sanitation and flood control.

(d) The amount of waters available for appropriation for beneficial use.

(e) The prevention of wasteful, uneconomic, impracticable or unreasonable use of the waters involved.

(f) All vested and inchoate rights to the waters of this state or to the use of the waters of this state, and the means necessary to protect such rights.

(g) The state water resources policy formulated under ORS 536.295 (Conditions for consideration of application for use not classified in basin program) to 536.350 (Delivery of water resources statement to certain public bodies) and 537.505 (Short title) to 537.534 (Rules for permitting and administering aquifer storage and recovery projects) .

(2) In determining whether the proposed use will impair or be detrimental to the public interest, the following minimum standards shall apply:

(a) For impacts to fish and wildlife resources attributable to the project, the Water Resources Department shall require:

(A) Mitigation for:

(i) Adverse impacts that occur due to new construction or operational changes to the project; and

(ii) Ongoing adverse impacts existing at the time of reauthorization; and

(B) Appropriate measures to promote restoration and rehabilitation of fish and wildlife resources to support goals expressed in statute or in standards, plans, guidelines and policies adopted by rule by the State Fish and Wildlife Commission.

(b) All conditions included in a water right certificate issued to reauthorize the use of water for hydroelectric purposes shall be consistent with any plan adopted by the Pacific Northwest Electric Power and Conservation Planning Council for the protection, mitigation and enhancement of the fish and wildlife resources of the region.

(c) The project shall comply with water quality standards adopted by the Environmental Quality Commission.

(d) The project shall not endanger the public health and safety. The project shall be operated in a manner that provides practical protection from vulnerability to seismic and geologic hazards.

(e) Wetland resources shall be protected, maintained or enhanced. The Water Resources Department shall impose conditions on reauthorization consistent with this paragraph after considering impacts to wetland resources associated with the project, including wetlands lost or created by construction and operation of the project, and mitigation proposed by the applicant. Reauthorization that results in a net loss to existing wetland resources shall not be approved.

(f) Other resources in the project vicinity including recreational opportunities, scenic and aesthetic values, historic, cultural and archaeological sites, and botanical resources shall be protected, maintained or enhanced. The department shall impose conditions on reauthorization consistent with this paragraph after considering impacts to such resources associated with the project, including resources lost or created by construction and operation of the project, and mitigation proposed by the applicant. If the project results in a net loss to existing resources, reauthorization shall not be approved.

(3) In determining the mitigation, restoration and rehabilitation measures required under subsection (2) of this section, the Water Resources Department shall consider historic impacts, ongoing impacts and projected future impacts of the project and the existence and success of past mitigation measures associated with the project. Required mitigation, restoration and rehabilitation may include measures to restore or replace the benefits of historic resource conditions in order to meet resource goals contained in standards, plans, guidelines and policies adopted by rule by the State Fish and Wildlife Commission and in rules adopted by other state agencies with regulatory or advisory responsibility for the project.

(4) The Water Resources Commission shall adopt all rules necessary to carry out the policy set forth in ORS 543A.020 (Policy) and to implement the minimum standards set forth in subsection (2) of this section. In the absence of implementing rules, the department may act on applications for reauthorization of a project subject to the standards set forth in this section.

(5) As used in this section, “mitigation” means addressing the adverse effects of a project proposed for reauthorization by considering, in the following order of priority:

(a) Avoiding the impact altogether by not taking a certain development action or parts of that action;

(b) Minimizing impacts by limiting the degree or magnitude of the development action and its implementation;

(c) Rectifying the impact by repairing or rehabilitating the affected environment;

(d) Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures; and

(e) Compensating for the impact by replacing or providing comparable substitute resources or environments. [1997 c.449 §5]

Source: Section 543A.025 — Minimum standards for decision on reauthorization of water right; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 538.410 — OR Code / Title 45 / Chapter 538 / Section 538.410
538.410 Confirmation of water rights acquired prior to February 24, 1909, for municipal supply
Status: in_force

All rights to the waters of the lakes, rivers and streams of this state acquired before February 24, 1909, for the purposes of municipal water supply are confirmed, and no rights acquired under the Water Rights Act (as defined in ORS 537.010 (Definition of “Water Rights Act.”) ) shall impair the rights of any municipal corporation to waters taken before February 24, 1909. The Water Resources Commission shall reject, or grant subject to municipal use, all applications where, in the commission’s judgment, the appropriation of the waters applied for impairs a municipal water supply. Municipal corporations of the state, on request of the Water Resources Commission, shall furnish a statement of the amount and source of the municipal water supply, with probable increase or extension of the same. [Amended by 1985 c.673 §79]

Source: Section 538.410 — Confirmation of water rights acquired prior to February 24, 1909, for municipal supply; rejection of applications injurious to municipal supply; statements of supply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 537.898 — OR Code / Title 45 / Chapter 537 / Section 537.898
537.898 Hauling water used for Cannabis plants
Status: in_force

(1) A person may not haul water to, or arrange for the hauling of water to, a grow site for plants in the plant Cannabis family Cannabaceae if:

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

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

(2) A person may not willfully or negligently provide false information to law enforcement or the Water Resources Department regarding the hauling of water related to plants in the plant Cannabis family Cannabaceae. [2022 c.52 §4]

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

Source: Section 537.898 — Hauling water used for Cannabis plants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.753 — OR Code / Title 45 / Chapter 537 / Section 537.753
537.753 Bond or letter of credit
Status: in_force

(1) Any person who contracts or offers services to contract to construct, alter, abandon or convert wells shall have in effect a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , running to the State of Oregon in the sum of $20,000, ensuring that in the construction, alteration, abandonment or conversion of wells, the principal shall comply with all the provisions of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) that are applicable to such construction, alteration, abandonment or conversion and to the rules and standards of well construction, alteration, abandonment and conversion that have been prescribed by the Water Resources Commission. The bond or letter of credit shall be filed with the Water Resources Commission.

(2) The Water Resources Commission or any person injured by failure of a water well constructor to comply with the provisions of the bond or letter of credit has a right of action on the bond or letter of credit in the name of the injured person. However, the aggregate liability of the surety or letter of credit issuer to all such persons may not exceed the sum of the bond or letter of credit.

(3) A proceeding against the bond or letter of credit under subsection (2) of this section may not be commenced unless the commission notifies the water well constructor of the alleged violation within three years after the date the water well report is filed with the commission.

(4) If a well is to be constructed, altered, abandoned or converted by a person that is not licensed under ORS 537.747 (Water well constructor’s license) on property owned by that person, the person shall obtain a permit from the commission before beginning work. Application for the permit shall be in the form prescribed by the commission and must be accompanied by a fee of $500. At the time of filing the permit, the applicant also shall submit to the commission a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) running to the State of Oregon in the sum of $10,000, ensuring that in the construction, alteration, abandonment or conversion of the well the landowner shall comply with all the provisions of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) that are applicable to the construction, alteration, abandonment or conversion of wells and to the rules and standards of well construction, alteration, abandonment and conversion that have been prescribed by the commission. Before the person who constructs, alters, abandons or converts a well referred to in this subsection seals the well, the person must give 10 days’ written notice to the Water Resources Department so department personnel can be present to observe the work. After expiration of the notice period, the well may be sealed even if the department has not caused the well to be inspected. [1961 c.334 §4; 1971 c.591 §2; 1981 c.416 §4; 1985 c.615 §1; 1985 c.673 §198; 1991 c.331 §78; 1997 c.631 §485; 1999 c.293 §3; 2003 c.144 §1; 2017 c.623 §1; 2021 c.610 §7]

Source: Section 537.753 — Bond or letter of credit; landowner’s permit and bond; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.929 — OR Code / Title 45 / Chapter 541 / Section 541.929
541.929 Duties of board
Status: in_force

(1) In addition to the duties set forth in ORS 541.926 (Duties of board) , in carrying out the provisions of ORS 541.890 (Definitions for ORS 541.890 to 541.969) to 541.969 (Report to Legislative Assembly by state agencies receiving subaccount moneys) , the Oregon Watershed Enhancement Board:

(a) Shall establish a framework for a locally based integrated watershed planning and management process designed to assist watershed councils, soil and water conservation districts and other partners and to support the efforts of watershed councils, soil and water conservation districts and other partners to work within the requirements of state and federal laws without duplication of planning effort. The framework shall include all of the following:

(A) Guidance and protocols for watershed assessments to encourage consistent assessment methods across all watersheds and agencies, including assessment of cumulative effects. At a minimum, such guidance shall address the following plan components:

(i) A description of the watershed;

(ii) An assessment of current watershed conditions and the distribution and condition of habitat; and

(iii) Identification of conditions preventing watershed restoration.

(B) Guidance on how to prepare watershed action plans. At a minimum, such guidance shall address the following plan components:

(i) Applicable water quality standards and native salmonid and habitat recovery objectives;

(ii) Proposed measures needed to restore watershed health;

(iii) Timeline and budget estimates for implementation of action measures in priority order; and

(iv) Monitoring and evaluation systems.

(b) May review plans, actions and rules of state agencies pertaining to restoration and protection grants for the purpose of coordinating the board’s grant program with other ongoing grant programs.

(c) Shall establish statewide and regional goals and priorities that shall become the basis for funding decisions by the board. In adopting such goals and priorities, the board shall adopt priorities for grant funding based on the Oregon Plan, the Oregon Conservation Strategy, the watershed health and native fish recovery programs of this state and measurable goals. In carrying out this function, the board shall consider local economic and social impacts among the criteria.

(d) Shall support development and implementation of a system that enables standardized collection, management and reporting of natural resources information in Oregon, including water data, geographic information system data and information on native fish and wildlife and habitat.

(e) Shall promote the availability of information on the effects of watershed enhancement.

(f) May not have regulatory or enforcement authority except for the fiscal responsibilities described in ORS 541.890 (Definitions for ORS 541.890 to 541.969) to 541.969 (Report to Legislative Assembly by state agencies receiving subaccount moneys) .

(2) In addition to any other expenditures consistent with ORS 541.945 (Watershed Conservation Operating Fund) , moneys in the Watershed Conservation Operating Fund may be expended in the form of grants or allocations:

(a) To soil and water conservation districts and watershed councils for costs of employing staff to further the development and implementation of activities, projects and programs for the purposes described in ORS 541.945 (Watershed Conservation Operating Fund) ; or

(b) For a specific project or program application or for implementation of an approved action plan.

(3) To the maximum extent practicable, soil and water conservation districts and watershed councils shall share technical staff. [Formerly 541.371]

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

Source: Section 541.929 — Duties of board; integrated watershed planning framework; expenditures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 553.360 — OR Code / Title 45 / Chapter 553 / Section 553.360
553.360 Hearing on report of appraisers
Status: in_force

(1) After the filing of the report of the appraisers, the court shall enter an order fixing the time and place for a hearing on the report and directing the secretary of the district to give notice of the hearing by publication. The notice shall contain a description of each tract of land appraised, together with the names of the owners, if known, and shall state that the appraisers appointed to assess the benefits and damages to the lands described and to appraise the cash value of the lands necessary to be taken for rights of way and other works within or without the limits of the subdistrict, have filed their report with the court and that the owner of each tract of land included therein is given notice that the owner may examine the report and file objections to the report or to any determination of benefits or damages on or before the date set for the hearing.

(2) The district or any person owning or having any interest in the lands described, or the owner of any tract of land within the subdistrict for which the appraisals were made, may file exceptions to the report of the appraisers or to any determination of benefits or damages determined to accrue to lands upon the construction of the proposed works or to the determination of the cash value of the lands necessary to be taken for rights of way or other works.

(3) The court shall hear all objections and make such amendments and modifications to the report of the appraisers as to the court may seem equitable. Upon the conclusion of the hearing the court shall enter its order in which shall be given the description of each tract of land appraised, the value of the benefits and damages which the court determines will accrue to each tract, and the value of lands necessary to be taken for rights of way and other works.

(4) Any party interested may take an appeal from such order in the manner set forth in ORS 553.815 (Judicial review of tax or assessment) . The order shall be filed in the office of the county clerk of the county in which the court is situated, and a certified copy of the order shall be filed with the county clerk of each other county in which lands within the subdistrict are located. [Amended by 1969 c.691 §7]

Source: Section 553.360 — Hearing on report of appraisers; exceptions; entry of order; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 543.660 — OR Code / Title 45 / Chapter 543 / Section 543.660
543.660 Authority of district to enlarge or modify water system and power generating facilities
Status: in_force

(1) A district, alone or jointly with other districts, electric cooperatives, as defined in ORS 261.010 (Definitions) , people’s utility districts, a cooperative as defined in ORS 62.015 (Definitions) , municipal corporations authorized to engage in generating and distributing electricity or public utilities, as defined in ORS 757.005 (Definition of public utility) , engaged in the business of generating and distributing electricity, may enlarge or modify its water system for the purpose of generating electricity and may operate and maintain such facilities, notwithstanding any provision of paragraph (a) of this subsection. If a district already has hydroelectric generating capability, the district may enlarge or modify the district’s facilities used for generation of hydroelectric power. Two or more districts may, as a joint venture, generate electricity under ORS 543.650 (Policy) to 543.685 (District board to require weatherization) as long as the structure or facility that is enlarged or modified to produce the electricity is part of the water system of at least one of the districts participating in the joint venture. However, a district may not:

(a) Construct, acquire, operate or maintain any facility or structure that is not an enlargement or modification of the district’s water system solely or primarily for the purpose of generating electricity; or

(b) Be created solely or primarily for the purpose of constructing, acquiring, operating or maintaining hydroelectric facilities.

(2) A district shall sell the excess electric energy generated at such hydroelectric facilities to the Bonneville Power Administration, a public utility as defined in ORS 757.005 (Definition of public utility) , an electric cooperative as defined in ORS 261.010 (Definitions) , a people’s utility district, a cooperative as defined in ORS 62.015 (Definitions) , a municipal corporation or a municipally owned utility. Any sale of excess electric energy shall be made in accordance with terms and conditions of the Federal Power Act, as amended by the Public Utility Regulatory Policies Act of 1978. As used in this subsection, “excess electric energy” means electric energy not used by the district to meet its own electric pumping requirements.

(3) The board of directors of the district shall establish regulations governing electric energy generation and sale under this section.

(4) Electricity shall be sold under this section only at wholesale. [1981 c.420 §3; 1985 c.561 §5; 1995 c.195 §44; 2003 c.802 §80; 2005 c.22 §381]

Source: Section 543.660 — Authority of district to enlarge or modify water system and power generating facilities; joint district ventures; prohibitions; sale of energy; regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.629 — OR Code / Title 45 / Chapter 545 / Section 545.629
545.629 Declaration of intent to dispose of bonds
Status: in_force

Before selling or otherwise disposing of any bonds as provided for in ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) , the board of directors by resolution shall declare at a meeting its intention of selling or otherwise disposing of the bonds. The board of directors shall cause the resolution to be entered on the minutes of the meeting. The board shall also cause notice of the sale or other disposition to be given by publication at least once a week for four consecutive weeks in three newspapers published in Oregon. One of the three newspapers shall be a newspaper published in the county in which the office of the board of directors is situated. [Formerly 545.278]

Source: Section 545.629 — Declaration of intent to dispose of bonds; resolution; notice of sale; publication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.029 — OR Code / Title 45 / Chapter 545 / Section 545.029
545.029 Hearing of petition by county court
Status: in_force

(1) When the petition for formation of an irrigation district is filed, the county court shall hold the hearing required under ORS 545.025 (Purposes of irrigation district) (6). The county court may adjourn the hearing from time to time, but the hearing shall not be extended over a period exceeding four weeks. At the end of the hearing, the county court may make such changes in the proposed boundaries as the court may find proper, and shall establish and define the boundaries, subject to the following:

(a) An irrigation district may not include land that is located within a city or platted subdivision and that is chiefly available for residence purposes. The restriction imposed by this paragraph is expressly limited to residence property, and all lands, whether wholly or partially within any city or platted subdivision, used or suitable for agricultural or horticultural purposes and not platted in tracts of less than one acre, may be included in a district. However, if an irrigation district is formed as a successor district to another water supply entity and if that entity provides water for irrigation to land within any city or platted subdivision, the restriction imposed by this paragraph does not apply to such land that is served by the water supply entity at the time of formation of the irrigation district.

(b) The county court shall not modify the boundaries so as to exclude any territory within the boundaries of the district proposed by the petitioners that is susceptible to irrigation by the same system of works applicable to other lands in the proposed district.

(c) In the discretion of the county court, an owner of land that is susceptible to irrigation from the same system of works may, upon written application of the owner, have the land included in the district.

(2) At the end of the hearing, the county court shall make and enter an order determining whether the requisite number of owners of the land within the proposed district have petitioned for its formation, and whether the notice required under ORS 545.025 (Purposes of irrigation district) (6) has been duly published.

(3) If the county court finds that the petition is signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district and if the only modifications of district boundaries are at the request of owners of land seeking inclusion under subsection (1)(c) of this section, the county court shall enter an order creating the district and the election otherwise required by ORS 545.037 (Notice of election for determining organization of district) shall not be held. If the petition for formation also names persons desired as members of the first board of directors of the district and those persons have agreed in writing to serve as directors, the order shall declare those persons to be the directors of the district. [Formerly 545.006]

Source: Section 545.029 — Hearing of petition by county court; authority as to boundaries of district; lands included; order; formation of district without election , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 549.370 — OR Code / Title 45 / Chapter 549 / Section 549.370
549.370 Maintenance of work
Status: in_force

At least one member of the county court in the fall of each year shall inspect the improvements constructed under the provisions of ORS 549.310 (Application of ORS 549.320 to 549.400) to 549.400 (Obstruction, befoulment or pollution of ditch prohibited) , for the purpose of ascertaining whether or not they have been properly maintained and are in a good and serviceable condition. If it is found that the works are not properly maintained or are not in a good and serviceable condition either in whole or in part, the county court shall give notice in writing to the owner of land upon which it was found that the works are not properly maintained or are not in a good and serviceable condition, which notice shall set forth the necessary work to be done and the time of beginning and completion of the same. In the event the owner fails to comply with the conditions set forth in the notice, the county court shall order the necessary work to be done and assess the cost against the land upon which the work was done in the manner provided in ORS 549.350 (Report as to work done) .

Source: Section 549.370 — Maintenance of work; inspection; notice to landowners; when work ordered; assessment of cost , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 545.365 — OR Code / Title 45 / Chapter 545 / Section 545.365
545.365 Disposition of real property acquired by district
Status: in_force

Any irrigation district foreclosing or otherwise acquiring any real property may lease, operate or sell the property upon such terms and taking such security for the rental or purchase price as the board of directors may consider advisable. A member of the board of directors or employee of the irrigation district shall not purchase or be interested in any contract for purchase of lands sold by the district. [Formerly 545.142]

Source: Section 545.365 — Disposition of real property acquired by district; sale to member of board or employee prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.641 — OR Code / Title 45 / Chapter 540 / Section 540.641
540.641 Protest of cancellation
Status: in_force

(1) If the legal owner or the occupant receiving notice as provided in ORS 540.631 (Cancellation of forfeited water right) fails to protest the proposed cancellation of the water right within the 60-day period prescribed in the notice, the Water Resources Commission may enter an order canceling the water right.

(2) If the legal owner or the occupant receiving notice as provided in ORS 540.631 (Cancellation of forfeited water right) files a protest against the proposed cancellation of the water right with the commission within the 60-day period prescribed in the notice, the commission shall fix a time and place for a hearing on the protest. The commission shall cause written notice of the hearing to be given at least 10 days prior to the hearing to the person protesting the cancellation of the water right and to any other person who in the opinion of the commission is an interested party to the proceeding. The hearing shall be held by the commission and shall be conducted under the provisions of ORS chapter 183 pertaining to contested cases. After the hearing the commission shall enter an order canceling the water right, canceling in part or modifying the water right, or declaring that the water right shall not be canceled or modified. [1955 c.670 §3; 1975 c.581 §26c; 1983 c.807 §3; 1985 c.673 §98]

Source: Section 540.641 — Protest of cancellation; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 548.115 — OR Code / Title 45 / Chapter 548 / Section 548.115
548.115 Elector’s right to maintain proceedings
Status: in_force

(1) Any qualified elector of an irrigation district or drainage district, within 30 days after the entry of any order or the performance of any act mentioned in ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) , for which a contest is by that section provided, may bring a like proceeding in the circuit court of the county where the lands embraced within such district, or the majority thereof, are situated, to determine the validity of such order or act. In such proceedings the board of directors shall be made parties defendant.

(2) Service of summons shall be made on the members of the board personally if within the county where the district, or any part thereof is situated. As to any directors not within the county, service may be had by publication of summons for a like time, and in like manner, as is provided by ORS 548.110 (Nature of proceedings) . Service shall be deemed complete within 10 days from the date of personal service, or within 10 days from the date of completion of publication, as the case may be.

(3) The proceedings shall be tried and determined in the same manner as proceedings brought by the irrigation district or drainage district itself.

(4) No contest of any proceeding, matter or thing provided by ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) to be had or done by the board of directors or supervisors or by the district, or by the county court, or by any qualified elector of the district, shall be had or maintained at any time or in any matter except as provided in ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) to 548.115 (Elector’s right to maintain proceedings) . [Amended by 1999 c.452 §28]

Source: Section 548.115 — Elector’s right to maintain proceedings; procedure; exclusiveness of remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 545.283 — OR Code / Title 45 / Chapter 545 / Section 545.283
545.283 Joinder of districts in acquisition or construction of irrigation or other water use works
Status: in_force

(1) Two or more irrigation districts or other water users’ organizations, organized under the laws of this state or of any adjoining state, may enter into agreements with each other and with the United States for the joint acquisition, operation, maintenance, management, control, construction, care, repair or improvement of works for diverting, impounding, distributing, irrigating or draining of lands within the boundaries of the districts or other water users’ organizations. Subject to ORS 545.257 (Authority of irrigation district to acquire domestic or municipal water works) , agreements made under this section may include provisions to furnish water for domestic and municipal uses to premises and inhabitants within the boundaries of the districts or other water users’ organization.

(2) Agreements entered into under this section may be evidenced by written contracts executed on behalf of the board of directors or trustees of each district or water users’ organization or by resolutions entered upon their minutes. The contracts or certified copies of them and certified copies of the resolutions may be recorded in the office in which deeds are recorded in each county in which is situated any of the land, works or other real property of the district or other water users’ organization.

(3) Agreements made under this section may provide for joint ownership, several ownership or ownership in common of the property convenient for the joint purposes of the parties to the agreement and may provide for the terms under which the property or respective portions of the property shall be held.

(4) Any rights or disputes arising out of or from the agreements may be tried before and enforced by any court of competent jurisdiction in this state.

(5) The districts or other water users’ organizations joined in any agreement under this section are jointly granted the same power of condemnation as is now possessed by one district or organization alone.

(6) Any meeting of the governing board of a district or other water users’ organization of this state, regularly adjourned to or called substantially in the manner for calling special meetings, may be held in another state, in conjunction with the board of a cooperating district or organization of such other state, with the same validity as if held in the office of the district or organization in this state.

(7) In carrying out cooperative action under this section between a district or other water users’ organization of this state and one of an adjoining state, either district or organization may divert water from either or both states, for impounding in the adjoining state, or for distribution to the land of either or both of the cooperating districts or organizations.

(8) So far as necessary for carrying out the purposes of this section, a cooperating district or other water users’ organization in an adjoining state may hold title to property in this state, and a cooperating district or organization in this state may hold title to property in the adjoining state. [Formerly 545.124]

Source: Section 545.283 — Joinder of districts in acquisition or construction of irrigation or other water use works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.557 — OR Code / Title 45 / Chapter 545 / Section 545.557
545.557 Bonds
Status: in_force

(1) The Irrigation District Law applies to bonds authorized under ORS 545.553 (Petition for election on authorization and issuance of bonds) and 545.555 (Holding election) , except as otherwise provided by this section.

(2) The board of directors by resolution authorizing the issuance of all or part of a bond authorization may provide:

(a) The manner of the sale, public or otherwise, the denominations, the premiums if any for redemption prior to maturity, and whether or not the bonds shall be registerable as to principal or and principal and interest;

(b) For the setting aside and maintaining of reserves to secure the payment of the principal of the bonds and interest on the bonds, and reserves to maintain, equip, repair, renew, renovate and replace the improvements, facilities and equipment of the district;

(c) For the issuance, under proper terms and conditions, of additional or refunding bonds on a parity with the bonds being issued;

(d) For the creation of necessary funds and accounts; or

(e) All other terms, conditions, covenants and protective features safeguarding the payment of the bonds that are found necessary by the board.

(3) The bonds may be sold at not less than 90 percent of face value, and may bear interest, evidenced by coupons, at a rate not to exceed six percent per annum.

(4) The board may select a trustee for the owners and holders of the bonds, and also a trustee to safeguard and disburse the proceeds of the sale of the bonds. The rights, duties, powers and obligations of the trustee or trustees shall be fixed by the board. [Formerly 545.234]

Source: Section 545.557 — Bonds; maturities; reserves; interest; trustees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543.110 — OR Code / Title 45 / Chapter 543 / Section 543.110
543.110 Appropriation and use of water for power is governed by this chapter
Status: in_force

After February 26, 1931, no right to appropriate or to use the waters of the lakes, rivers, streams or other bodies of water within this state, including water over which this state has concurrent jurisdiction, in connection with the development of any water power project for the generation of electricity, shall be initiated, perfected, acquired or held, except for and during the periods or extensions thereof stated in ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , and pursuant to the provisions thereof.

Source: Section 543.110 — Appropriation and use of water for power is governed by this chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 548.110 — OR Code / Title 45 / Chapter 548 / Section 548.110
548.110 Nature of proceedings
Status: in_force

(1) The proceedings under ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) shall be in the nature of a proceeding in rem. The practice and procedure therein shall follow the practice and procedure of an action not triable by right to a jury, so far as they are consistent with the determination sought to be obtained, except as otherwise provided in ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) to 548.115 (Elector’s right to maintain proceedings) . The jurisdiction of the irrigation district or drainage district and of all the freeholders, assessment payers and legal voters therein shall be obtained by publication of notice directed to the district, and to “all freeholders, legal voters and assessment payers within the district,” without naming them individually. The notice shall be served on all parties in interest by publication for at least once a week for three successive weeks in some newspaper of general circulation published in the county where the proceeding is pending. Jurisdiction shall be complete within 10 days after full publication.

(2) Any person interested may at any time before the expiration of the 10 days appear and contest the validity of the proceeding, or of any of the acts or things therein enumerated. The proceedings shall be speedily tried and judgment rendered declaring the matter so contested to be either valid or invalid. Any order or judgment in the course of the proceeding may be made and rendered by the judge of the court in vacation. For the purpose of any such order or judgment, the court shall be deemed at all times to be in session, and the act of the judge in making such order or judgment shall be the act of the court.

(3) Any party may appeal to the Court of Appeals at any time within 30 days after rendition of the judgment. The appeal must be heard and determined within three months from the time of taking the appeal.

(4) The court, in inquiring into the regularity, legality or correctness of any of the proceedings, must disregard any error, irregularity or omission which does not affect the substantial rights of the parties to the court proceedings, and may approve the proceedings in part and disapprove and declare invalid other or subsequent proceedings in part. The costs of the court proceedings may be allowed and apportioned between the parties in the discretion of the court. [Amended by 1979 c.284 §169; 2003 c.576 §257]

Source: Section 548.110 — Nature of proceedings; notice; contest; judgment; appeal; nonprejudicial errors; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 555.390 — OR Code / Title 45 / Chapter 555 / Section 555.390
555.390 Transfer of state’s interest to irrigation districts or to federal government
Status: in_force

The Water Resources Commission may, with due regard to the interests of the state, transfer all the right, title and interest of the state in and to the Tumalo Project, and all rights or franchises thereunto appertaining, to any irrigation district or to the federal government, whenever it appears to the commission that such transfer will be in the best interests of the project.

Source: Section 555.390 — Transfer of state’s interest to irrigation districts or to federal government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.135 — OR Code / Title 45 / Chapter 545 / Section 545.135
545.135 Elections subsequent to organization of district
Status: in_force

(1) Except for the second Tuesday in November next following the organization of the district, an election shall be held in each district on the second Tuesday in November of each year, at which one or more directors shall be elected. The person receiving the highest number of votes for any office to be filled shall be elected, and shall hold office for three years from the annual organizational meeting in January next following the election and until a successor is elected and qualified. The qualifications for a director shall be those set forth in ORS 545.043 (Qualifications of directors) .

(2) In districts organized prior to May 21, 1917, a director shall be elected from each of the three divisions into which the board of directors may have divided the district, or, if the board of directors has so ordered, the directors shall be elected from the district at large.

(3) A newly elected director shall take the official oath at the annual organizational meeting in January next following the election or as soon thereafter as possible. The director shall file the oath in the office of the board of directors.

(4) Notwithstanding subsection (1) of this section, if the second Tuesday in November falls on a holiday as defined in ORS 187.010 (Legal holidays) and 187.020 (Additional legal holidays) , the election shall be held on the day following the second Tuesday in November. [1995 c.42 §30; 2005 c.469 §1]

Source: Section 545.135 — Elections subsequent to organization of district; election of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.141 — OR Code / Title 45 / Chapter 545 / Section 545.141
545.141 Conduct of election
Status: in_force

(1) Voting may commence as soon as the polls are open and may continue during all the time the polls remain open. Voting shall be conducted as nearly as practicable in accordance with the general election laws. An absent elector may obtain a ballot and vote, as nearly as practicable, in the manner provided for absent electors in ORS chapter 253.

(2) A person who offers to vote and claims to be an elector, but fails to provide either evidence of ownership, acreage or other voting authorization, shall be allowed to vote after submitting a sworn statement in accordance with the provisions of ORS 254.407 and 254.409. However, any person voting pursuant to this section shall, in addition to the information required by ORS 254.407, include information in the elector’s statement concerning the location of the claimed land and the precise acreage for which the elector is claiming ownership or voting authorization. Upon receipt of the elector’s sworn statement, the secretary of the district shall attempt to verify the elector’s voting qualifications under the Irrigation District Law.

(3) Any election board member or elector present at the time of voting shall challenge a person offering to vote in any election whom the board member or elector knows or believes to be unqualified as an elector. Any challenge shall be made in accordance with ORS 254.415 (Challenging ballot of person offering to vote) . The elector’s statement of challenge required by ORS 254.415 (Challenging ballot of person offering to vote) shall include the location of the claimed land and the precise acreage for which the elector is claiming ownership or voting authorization. Upon receipt of the elector’s sworn statement, the secretary of the district shall attempt to verify the elector’s voting qualifications according to the provisions of the Irrigation District Law.

(4) As soon as the polls are closed the judges shall open the ballot box and shall commence counting the votes. The ballot box may not be removed from the room in which the election is held until all ballots have been counted. The counting of the ballots shall be public. The presiding officer of the board of election or one of the judges shall take ballots from the ballot box one at a time, open them and read aloud the name of each person named on the ballot and the office for which the person is voted. If the intent of the voter is clear, the vote shall be counted and not rejected for lack of form. The judges shall keep an accurate account of the votes by tallies in duplicate and the counting shall continue without adjournment until all votes have been counted. [Formerly 545.030; 2001 c.257 §3; 2007 c.154 §65; 2013 c.520 §22]

Source: Section 545.141 — Conduct of election; challenge and verification of qualifications of elector; counting ballots , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.240 — OR Code / Title 45 / Chapter 541 / Section 541.240
541.240 Right of way for ditches and canals
Status: in_force

There is granted over all the unimproved lands now or hereafter belonging to the state the necessary right of way for ditches, canals, and reservoir sites for irrigation purposes constructed by authority of the United States or otherwise. All conveyances of state land made after May 18, 1905, shall contain a reservation of such right of way and reservoir sites.

Source: Section 541.240 — Right of way for ditches and canals; reservation in conveyances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 552.138 — OR Code / Title 45 / Chapter 552 / Section 552.138
552.138 Status of final order
Status: in_force

(1) No final order creating a district shall be set aside, or annulled upon appeal or review, on account of any defect or irregularity in the petition asking for organization of the district, or notice of hearings thereon, which does not materially affect the substantial rights of an interested party.

(2) No proceeding may be maintained contesting the validity of the creation of a district unless instituted within 90 days after the entry of the final order of the county board. [1969 c.606 §8]

Source: Section 552.138 — Status of final order; time for protest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 558.053 — OR Code / Title 45 / Chapter 558 / Section 558.053
558.053 Judgment against principal on bond
Status: in_force

(1) If a judgment rendered against the principal on a bond described under ORS 558.052 (Requirements for bonds used to meet financial responsibility) is not settled within 60 days after it has become final, a judgment creditor, for the judgment creditor’s own use and benefit and at the judgment creditor’s sole expense, may bring an action against any surety on the bond. An action brought under this section must be brought in the name of the state. An action under this section may include any action or proceeding to foreclose any lien established upon the real property of a surety under ORS 558.052 (Requirements for bonds used to meet financial responsibility) .

(2) For purposes of this section, a judgment is satisfied when any of the following occurs:

(a) Payments in the amounts established by the payment schedule under ORS 558.050 (Proof of financial responsibility) have been credited upon any judgment or judgments rendered in excess of those amounts.

(b) Judgments rendered for less than the amounts established under ORS 558.050 (Proof of financial responsibility) have been satisfied.

(c) The judgment creditor and the judgment debtor have mutually agreed upon a compromise settlement of the judgment.

(d) The judgment against the judgment debtor has been discharged in bankruptcy. [2003 c.175 §16]

Source: Section 558.053 — Judgment against principal on bond; action against surety; satisfaction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 554.120 — OR Code / Title 45 / Chapter 554 / Section 554.120
554.120 Records of proceedings of directors
Status: in_force

(1) The board of directors shall cause to be kept a well-bound book entitled “Records of Proceedings of Board of Directors,” in which shall be recorded minutes of all meetings, proceedings, certificates, bonds, and any and all corporate acts, which records shall be at all times open to the inspection of anyone interested, whether members or creditors.

(2) A lien docket shall also be provided, in which, as to every tract of each owner, all assessments or liens shall be charged and all payments shall be credited, and in which interest on any assessments in arrears shall be charged at time of payment of any installment, to the end that such record shall show the true condition of all liens and the amount thereof.

(3) Except as otherwise provided by ORS 554.160 (Assessments to provide funds to meet obligations) (2), all money of the corporation shall be deposited with a convenient insured institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , in the name of the corporation, and all funds provided to be segregated and held separate shall be so kept, and an accounting of each of such funds upon the books of the corporation shall be correctly kept.

(4) A warrant register shall be provided in which shall be separately kept a record of all warrants issued, the number, date and amount thereof with the name of payee, and the date paid, showing principal and interest separately. The corporation shall keep a register of all bonds with a description thereof, the date thereof and when issued, and generally such a record as shall show all outstanding bonds separately of the several issues and kinds of payments. [Amended by 1969 c.694 §46; 1997 c.631 §492; 2001 c.215 §29]

Source: Section 554.120 — Records of proceedings of directors; lien docket; deposit of moneys; segregation of funds; accounting; warrant and bond register , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 549.320 — OR Code / Title 45 / Chapter 549 / Section 549.320
549.320 Petition by landowners to drain lands or improve drains
Status: in_force

Whenever 60 percent or more of the owners of land contiguous to and crossed by some watercourse or drain desire to have such lands drained or such natural course or drain straightened, altered, widened or deepened, they may petition the county court of the county in which the land is situated for such improvement, describing all property affected thereby and giving the names of the owners thereof. Upon the filing of the petition the county court shall ascertain whether 60 percent or more of the owners of land affected have signed the petition, and if so, shall make a finding to that effect.

Source: Section 549.320 — Petition by landowners to drain lands or improve drains , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 537.855 — OR Code / Title 45 / Chapter 537 / Section 537.855
537.855 Domestic water supply district permitted to divert water out of state
Status: in_force

(1) Pursuant to the provisions of ORS 537.810 (Diversion or appropriation of waters from basin of origin without legislative consent prohibited) , consent is hereby given to any domestic water supply district formed under ORS chapter 264 to permit the diversion of water for use on property a portion of which is within a state adjoining Oregon, subject to the following conditions:

(a) The majority of the property is within Oregon.

(b) The property is developed with economic benefit to Oregon as well as to the adjoining state, in the judgment of the domestic water supply district.

(c) The costs of the diversion are borne by the developer or owner of the property.

(d) The developer employs only residents of Oregon in the construction necessary for the diversion of water.

(2) The diversion of water under this section shall be subject to additional terms, conditions, reservations, restrictions and provisions as the Water Resources Commission shall impose for the protection and benefit of the State of Oregon. [1985 c.572 §2; 1987 c.158 §115]

Source: Section 537.855 — Domestic water supply district permitted to divert water out of state; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.426 — OR Code / Title 45 / Chapter 545 / Section 545.426
545.426 Misnomer or mistake relating to ownership not to affect sale
Status: in_force

When land is sold for assessments correctly imposed as the property of a particular person, no misnomer of the owner or supposed owner, or other mistake relating to the ownership, shall affect the sale or render it void or voidable. [Formerly 545.458]

Source: Section 545.426 — Misnomer or mistake relating to ownership not to affect sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.530 — OR Code / Title 45 / Chapter 553 / Section 553.530
553.530 Disposition of funds received
Status: in_force

(1) All sums of money received by a district in payment of any assessment shall be kept in a separate fund for each subdistrict from which the assessment is collected. All funds remaining unexpended in any construction fund after the payment of all costs incurred for the construction of works in any subdistrict shall be paid into the improvement fund for such subdistrict, and any funds remaining on hand in any maintenance and operation fund for any year for any subdistrict shall likewise be paid into the improvement fund of that subdistrict.

(2) The district shall maintain a general fund in which shall be kept all funds received by the district for paying the general overhead and other expenses of the district. The district shall pay into the general fund such portion of each of the special assessments levied against lands within subdistricts as is necessary to pay the general expenses and overhead of the district.

Source: Section 553.530 — Disposition of funds received , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 554.082 — OR Code / Title 45 / Chapter 554 / Section 554.082
554.082 Registered office and registered agent
Status: in_force

(1) A corporation shall continuously maintain in this state a registered agent and registered office that may be, but need not be, the same as any of the corporation’s places of business. The registered office must be located at a physical street address where process may be personally served on the registered agent. The registered office may not be a commercial mail receiving agency, a mail forwarding business or a virtual office.

(2) A registered agent must be:

(a) An individual who resides in this state and whose business office is identical to the registered office;

(b) A domestic corporation or domestic nonprofit corporation, the business office of which is identical to the registered office; or

(c) A foreign corporation or foreign nonprofit corporation that is authorized to transact business in this state, the business office of which is identical to the registered office. [1993 c.190 §19; 2001 c.315 §56; 2013 c.158 §37; 2017 c.705 §33]

Source: Section 554.082 — Registered office and registered agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 543.095 — OR Code / Title 45 / Chapter 543 / Section 543.095
543.095 Challenges to certain statutes related to hydroelectric projects
Status: in_force

(1) As used in this section, “person” has the meaning given that term in ORS 174.100 (Definitions) .

(2) No person shall be estopped or precluded from challenging the constitutionality or validity of any provision of chapter 449, Oregon Laws 1997, or the provisions of chapter 873, Oregon Laws 1999, as a result of having received or sought benefits under, complied with, paid fees under or filed an application under those statutes, or as a result of having participated in their drafting, enactment or implementation.

(3) Nothing in this section shall be construed to imply that a person is estopped or precluded from challenging the validity or constitutionality of any statute as a result of having participated in the drafting, enactment or implementation of the legislation that resulted in the enactment of such statute. [1999 c.873 §29]

Note: Legislative Counsel has substituted “chapter 873, Oregon Laws 1999,” for the words “this 1999 Act” in section 29, chapter 873, Oregon Laws 1999, compiled as 543.095 (Challenges to certain statutes related to hydroelectric projects) . Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . The sections for which substitution otherwise would be made may be determined by referring to the 1999 Comparative Section Table located in Volume 22 of ORS.

Note: 543.095 (Challenges to certain statutes related to hydroelectric projects) 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.

APPROPRIATION OF WATER FOR POWER; APPLICATION OF LAW

Source: Section 543.095 — Challenges to certain statutes related to hydroelectric projects , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 549.615 — OR Code / Title 45 / Chapter 549 / Section 549.615
549.615 Entering upon land
Status: in_force

The Water Resources Commission and its agents and employees may enter upon lands to gather information when necessary for the performance of those duties imposed upon them by ORS 549.605 (Definitions for ORS 549.605 to 549.645) to 549.645 (Waiver of state’s immunity to suit or action) . [1957 c.466 §3]

Source: Section 549.615 — Entering upon land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 545.343 — OR Code / Title 45 / Chapter 545 / Section 545.343
545.343 Obligations or contracts with United States under Reclamation Act
Status: in_force

(1) For the purpose of acquiring control over government land within the district and of complying with the provisions of the Act of Congress entitled “An act to promote reclamation of arid lands,” approved August 11, 1916, the board of directors may make investigations, and, based thereon, such representations and assurances to the Secretary of the Interior as may be requisite. The board may enter into any obligation or contract with the United States for:

(a) The construction, operation and maintenance of the necessary works for the delivery and distribution of water under the Federal Reclamation Act and the rules and regulations established thereunder. The board may contract for the refusal of water service to any lands which are in default in the payment of any assessment levied to carry out any contract between the district and the United States.

(b) The assumption, as principal or guarantor, of indebtedness to the United States on account of district lands.

(2) The board may also contract with the United States for a water supply or drainage works under any Act of Congress providing for or permitting the contract.

(3) When a contract is made with the United States, as provided in this section, bonds of the district may be deposited with the United States, at 90 percent of their par value, to the amount to be paid by the district to the United States under the contract. The interest on the bonds, if bearing interest, shall be provided for by assessment and levy, as in the case of other bonds of the district, and regularly paid to the United States to be applied as provided in the contract. If the bonds of the district are not so deposited, the board of directors shall include, as part of any levy or assessment provided for in the Irrigation District Law, an amount sufficient to meet each year all payments accruing under the terms of the contract.

(4) The board may accept, on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collections of money for or on behalf of the United States in connection with any federal reclamation project. If the board accepts the appointment or authorization, the district is authorized to act as fiscal agent or to make the collections of money and to assume the duties and liabilities incident to such action. The board also has full power to do all things required by the federal statutes enacted in connection with districts serving as fiscal agents or collectors of moneys for reclamation projects, and all things required by the rules and regulations established by any department of the federal government in regard thereto. [Formerly 545.076]

Source: Section 545.343 — Obligations or contracts with United States under Reclamation Act; acquisition of federal lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.494 — OR Code / Title 45 / Chapter 545 / Section 545.494
545.494 Unpaid charge as lien on land
Status: in_force

(1) If any incurred charge remains unpaid beyond the due date of the incurred charge, the secretary of the district may file a notice of claim of lien with the recording officer of the county of each county in which land is situated which received or was entitled to receive the benefit of the water delivery for which the incurred charge has been made. The notice of claim of lien shall be in writing and must contain:

(a) The name of the water user to whom the water was delivered or was deliverable;

(b) A statement of the amount claimed past due; and

(c) A description of the land which received or was entitled to receive the benefit of the water delivery sufficient for identification.

(2) Upon filing of the notice, the incurred charge and costs of filing and removing the notice shall become a lien upon all lands described in the notice in the amounts set forth opposite each tract of land. The lien shall be prior to all encumbrances of whatever kind or nature, whether executed before or after the lien of the irrigation district is created, or whether recorded or registered or not. The lien of the irrigation district upon each tract of land shall be subject to all lawful taxes levied and assessed for state and county purposes by the county in which the land is located. The lien of the irrigation district shall not be subject or inferior to any claim, lien or assessment of any other taxing district, whenever levied, or whether extended on the county tax rolls for collection or not. [Amended by 1991 c.459 §423f; 1995 c.42 §115; 2001 c.476 §5]

Source: Section 545.494 — Unpaid charge as lien on land; priority respecting other liens and claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.507 — OR Code / Title 45 / Chapter 545 / Section 545.507
545.507 Borrowing for payment of operation and maintenance costs
Status: in_force

When authorized by a resolution of its board of directors, an irrigation district whose board of directors has provided for the collection of incurred charges of the district in the manner provided in ORS 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) may:

(1) Borrow moneys for payment of its operation and maintenance costs and expenses in an amount not to exceed 50 percent of the operation and maintenance charge per acre for each acre within the district or the amount of its uncollected charges for operation and maintenance, whichever is greater; and

(2) Issue and deliver as evidence of the indebtedness the promissory notes of the district bearing interest. The promissory notes shall be payable at such time as its board of directors shall determine and may contain provisions for payment of the attorney fees of the holder of the notes if suit or action is commenced for the collection of the notes. The district may agree that all or any part of the uncollected incurred charges shall be applied in payment of the promissory notes when collected. [1955 c.362 §2; 1989 c.182 §30; 1991 c.459 §423m; 1995 c.42 §122; 2001 c.476 §9]

Source: Section 545.507 — Borrowing for payment of operation and maintenance costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 554.550 — OR Code / Title 45 / Chapter 554 / Section 554.550
554.550 Notice of meeting
Status: in_force

The secretary as directed by the board shall cause notice of the meeting to be published once each week for three successive weeks prior to the meeting in a newspaper published within the boundaries of the corporation, if any, or in a newspaper of general circulation in the county, where the principal office of the corporation is situated. The notice shall state the date of filing the application, the name of the applicant, a description of the land sought to be included or excluded, and the reason therefor given by the applicant. The notice shall state that all members, creditors of the corporation and other interested persons may attend the meeting, and be heard concerning the application. [1963 c.103 §6]

Source: Section 554.550 — Notice of meeting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 552.310 — OR Code / Title 45 / Chapter 552 / Section 552.310
552.310 Condemnation
Status: in_force

The right to condemn property, pursuant to ORS 552.305 (Powers of districts generally) (4), shall include property already devoted to public use, including city, state and county property, which is less necessary than the use for which it is required by the district. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. However, the right of condemnation may not be exercised against any water right; against land or other property owned by a city supplying domestic water; a public utility as defined by ORS 757.005 (Definition of public utility) ; against a telecommunications carrier as defined in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) ; against lands of a domestic water supply district organized under ORS chapter 264, an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a diking district organized under ORS chapter 551 or a corporation for the use and control of water organized under ORS chapter 554; or against property of the State of Oregon for highway purposes. [1969 c.606 §23; 1983 c.740 §216; 1987 c.447 §109; 1999 c.1093 §18]

Source: Section 552.310 — Condemnation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 550.170 — OR Code / Title 45 / Chapter 550 / Section 550.170
550.170 Urban flood safety and water quality district
Status: in_force

(1) An urban flood safety and water quality district is created for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining works in order to:

(a) Reduce the risk of flooding;

(b) Protect people and property from flood risk;

(c) Respond to flood emergencies;

(d) Convey water for the purpose of flood safety;

(e) Contribute to improved water quality, fish and wildlife habitat, floodplain restoration and landscape resilience;

(f) Promote equity and social justice in all aspects of the district’s operations;

(g) Prepare for and adapt to the impact of climate change in relation to the managed floodplain; and

(h) Provide the public with information regarding the cultural history of the territory in the managed floodplain.

(2) Intentionally left blank —Ed.

(a) The boundaries of the district are the boundaries of the portion of Multnomah County that lies within the urban growth boundary adopted by the metropolitan service district under ORS 268.390 (Planning for activities and areas with metropolitan impact) as the urban growth boundary exists on September 29, 2019, or as changed by the metropolitan service district under ORS 268.354 (Boundary change procedures) on or after September 29, 2019. All cities and taxing districts within the boundaries of the district shall be included in the district.

(b) A change to the boundaries of the district made pursuant to this subsection must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225 (Boundary changes) .

(3) ORS 550.150 (Purpose of ORS 550.150 to 550.410) to 550.410 (Additional cause of action for certain impairments of district works) may not be construed to affect, amend or repeal any other Oregon law or to affect or impair the vested rights of any person or public body to the use of water or vested rights in the use of water. [2019 c.621 §3]

Source: Section 550.170 — Urban flood safety and water quality district; boundaries; vested water rights unimpaired , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 545.067 — OR Code / Title 45 / Chapter 545 / Section 545.067
545.067 Liability of petitioners for obligations of district
Status: in_force

Except as provided in ORS 545.075 (Requirements that may be imposed upon petitioners in western Oregon district) , the board of directors to whom the petition is presented may require as a condition precedent to the granting of the petition that the petitioners severally pay, contract to pay or become liable to the district for assessments for the payment of their pro rata share of all bonds and the interest thereon previously issued by the district. The amount of the assessments required under this section, as nearly as the amount can be estimated by the board, shall be the amount that the petitioners or their grantors would have been required to pay to the district had such lands been included in the district at the time it was originally formed or when the bonds were issued. [Formerly 545.590]

Source: Section 545.067 — Liability of petitioners for obligations of district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 552.208 — OR Code / Title 45 / Chapter 552 / Section 552.208
552.208 Election of first board of directors
Status: in_force

(1) Electors of a district shall elect a board of directors whose number shall be fixed at five, seven or nine by the county board at the proceedings on formation. Directors shall be owners of land within the district. The directors need not reside within the district.

(2) Each director shall be elected for a term of four years except the directors elected on creation of the district. The directors first elected shall determine their terms by lot as follows:

(a) If there are nine directors, the terms of four shall expire June 30 next following the first regular district election and the terms of five shall expire June 30 next following the second regular district election.

(b) If there are seven directors, the terms of three shall expire June 30 next following the first regular district election and the terms of four shall expire June 30 next following the second regular district election.

(c) If there are five directors, the terms of two shall expire June 30 next following the first regular district election and the terms of three shall expire June 30 next following the second regular district election.

(3) The board of directors shall fill any vacancy on the board as provided in ORS 198.320 (Filling of vacancies on governing bodies of certain districts) .

(4) The board or 10 or more landowners may petition the county board to change the number of directors on the district board. If the county board acts favorably on the petition, it shall enter an order which designates the terms of office of the five, seven or nine directors in general accordance with this section so that the number remaining on the district board will be divided into two equal or approximately equal groups as to terms. The change in the number of board members shall take place on July 1 next following the order. [1969 c.606 §17; 1971 c.23 §9; 1971 c.727 §166; 1973 c.796 §69; 1975 c.647 §45; 1983 c.350 §300]

Source: Section 552.208 — Election of first board of directors; number; qualifications; terms; change of number of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 555.130 — OR Code / Title 45 / Chapter 555 / Section 555.130
555.130 Application to enter
Status: in_force

Any citizen of the United States, or any person having declared an intention to become such, over the age of 21 years, may make application, under oath, to the Water Resources Commission, upon forms prescribed by the commission, to enter any of the lands reclaimed 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) , in an amount not to exceed 160 acres for any one person. Each application shall be accompanied by a contract, made and entered into by the applicant with the person who has undertaken the reclamation of the tract in question, which contract shall show that the applicant has made proper arrangement for purchase of the necessary water rights and the release of the construction lien. Each application to the commission shall in addition be accompanied by a payment of not less than $1 per acre for each acre included in the application, which payment shall be made by the contractor out of the first payment by the applicant, and shall be deposited by the commission with the State Treasurer, who shall credit it to the Oregon Irrigation Fund. If the application is not approved, the $1 payment shall be returned to the contractor.

Source: Section 555.130 — Application to enter; contract for purchase of water rights and release of lien; payment for land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 549.350 — OR Code / Title 45 / Chapter 549 / Section 549.350
549.350 Report as to work done
Status: in_force

On the completion of the work by the county, the county surveyor or the county engineer shall make and file with the county clerk a report showing in detail the work done on each parcel of land separately owned, the names of the owners, and the amount of costs to each such parcel of land. The cost shall be assessed against the owner of the lands by the county court. Any unpaid assessment may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the assessment and the amount of the assessment in the County Clerk Lien Record. [Amended by 1965 c.287 §3; 1991 c.459 §427]

Source: Section 549.350 — Report as to work done; assessment of costs; unpaid assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 545.581 — OR Code / Title 45 / Chapter 545 / Section 545.581
545.581 Assessment installments
Status: in_force

When amortizing bonds are issued as authorized by ORS 545.585 (Bonds) , the installments in which the assessments are to be paid shall be in fixed amounts including both principal and interest, and only the principal portions of the installments shall be charged against total benefits in determining benefit surplus, as defined in ORS 545.575 (Order determining benefits) . [Formerly 545.258]

Source: Section 545.581 — Assessment installments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 558.090 — OR Code / Title 45 / Chapter 558 / Section 558.090
558.090 Publication of notice of hearing
Status: in_force

The applicant shall cause the notice of hearing to be published at least once a week for two consecutive weeks in a newspaper having a general circulation and published within the county wherein the proposed operation is to be conducted and in which the affected area is located, or if the proposed operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the proposed operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county. The date of last publication shall be not less than three nor more than 10 days prior to the date set for hearing. [1953 c.654 §8; 1975 c.420 §6]

Source: Section 558.090 — Publication of notice of hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 547.065 — OR Code / Title 45 / Chapter 547 / Section 547.065
547.065 Public hearing required
Status: in_force

(1) Before a drainage district elects to exercise the powers and duties set forth in ORS 547.067 (Powers of drainage district) , the board of supervisors shall hold a public hearing.

(2) At least 14 days before the date of the public hearing, the board shall give notice of the hearing in a newspaper of general circulation in the district and mail notice of the hearing to the owners of record, based on the most recent county tax assessment roll, of property within the district.

(3) Notice of the public hearing must:

(a) State the date, time and location of the hearing;

(b) State that the board is considering whether to elect to exercise the powers and duties set forth in ORS 547.067 (Powers of drainage district) ; and

(c) Invite all interested parties to attend the hearing and present testimony.

(4) After the public hearing, the board may adopt a resolution in which the district elects to exercise the powers and duties set forth in ORS 547.067 (Powers of drainage district) . Following adoption of the resolution, the board may exercise the powers and duties as provided in ORS 547.067 (Powers of drainage district) . [2015 c.544 §3]

Note: See note under 547.063 (Definitions) .

Source: Section 547.065 — Public hearing required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).