ORS § 537.090 — OR Code / Title 45 / Chapter 537 / Section 537.090
537.090 Laws applicable to geothermal wells
Status: in_force

(1) The provisions of this chapter relating to appropriation and water rights do not apply to the production of fluid from a well with a bottom hole temperature of at least 250 degrees Fahrenheit.

(2) Production of fluids from a well with a bottom hole temperature of at least 250 degrees Fahrenheit shall be regulated as a geothermal resource under the applicable sections of ORS chapter 522.

(3) If the bottom hole temperature of a well that was initially less than 250 degrees Fahrenheit increases to at least 250 degrees Fahrenheit, the State Geologist and the Water Resources Commission, after consulting with the well owner, shall determine the agency with regulatory responsibility for that specific well. This determination shall be documented in writing and shall supersede a determination made under subsection (2) of this section. [1981 c.589 §3; 1985 c.673 §21]

Source: Section 537.090 — Laws applicable to geothermal wells , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 548.505 — OR Code / Title 45 / Chapter 548 / Section 548.505
548.505 Relevy and reassessment
Status: in_force

If any drainage or irrigation district assessment levied on any property liable thereto is prevented from being collected for any year by reason of any erroneous proceeding, or if such levy is adjudged void for want of form or manner of procedure, or otherwise, the same may be collected, relisted, reassessed and relevied in the manner and at the times provided for the collection, relisting and reassessment of taxes by the provisions of ORS 311.120 (Adding uncollected tax to tax for succeeding year) .

Source: Section 548.505 — Relevy and reassessment; manner and time , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 537.465 — OR Code / Title 45 / Chapter 537 / Section 537.465
537.465 Application for allocation of conserved water
Status: in_force

(1) Any person or group of persons holding a water use subject to transfer as defined in ORS 540.505 (Definitions) may submit an application to the Water Resources Commission for approval of an allocation of conserved water for a measure that:

(a) The person or group of persons intends to implement; or

(b) Was implemented by the person or group of persons within five years prior to the submission of the application.

(2) An application submitted under subsection (1)(a) of this section shall include:

(a) A description of the proposed measures;

(b) A description of the existing diversion facilities and an estimate of the amount of water that can be diverted at the facilities;

(c) The amount of water that will be needed to supply existing rights after implementation of the conservation measures;

(d) The amount of conserved water expected from implementation of the conservation measures;

(e) The proposed allocation and use of the conserved water if different from the allocation specified in ORS 537.470 (Allocation of conserved water by commission) ;

(f) The intended use of any water allocated to the applicant;

(g) The applicant’s choice of priority date for the conserved water; and

(h) Any other information the commission considers necessary to evaluate the effectiveness of the proposal.

(3) An application under subsection (1)(b) of this section shall include:

(a) A description of the measure as implemented and the date on which the measure was implemented;

(b) A description of the diversion facilities before the conservation measure was implemented and the amount of water that was diverted at the facilities before the conservation measure was implemented;

(c) The amount of water needed to supply existing rights after implementation of the conservation measure;

(d) The amount of water conserved by implementing the conservation measure;

(e) The proposed allocation and use of the conserved water if different from the allocation specified in ORS 537.470 (Allocation of conserved water by commission) ;

(f) The intended use of any water allocated to the applicant;

(g) The applicant’s choice of priority date for the conserved water;

(h) Evidence that the measure was implemented within five years prior to the date of filing the application; and

(i) Any other information the commission considers necessary to evaluate the application.

(4) If a person proposes conservation measures within the boundaries of an irrigation district organized under ORS chapter 545 or a water control district organized under ORS chapter 553, at the time the person submits the application, the person also must submit evidence that the district has approved the conservation application. [1987 c.264 §3; 1993 c.641 §3; 1995 c.274 §10; 2003 c.93 §3]

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

Source: Section 537.465 — Application for allocation of conserved water; submission; required contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 554.275 — OR Code / Title 45 / Chapter 554 / Section 554.275
554.275 Activity of corporation as urban service
Status: in_force

The activity of a corporation for drainage or flood control organized under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) is deemed to be an urban service, as defined in ORS 195.065 (Agreements required) , if the corporation:

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

(2) Operates a flood control project as defined in ORS 547.057 (Drainage district activity as urban service) located within the urban growth boundary established by Metro or within the incorporated boundary of a city. [2015 c.544 §16]

Note: 554.275 (Activity of corporation as urban service) was added to and made a part of 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 554.275 — Activity of corporation as urban service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 537.791 — OR Code / Title 45 / Chapter 537 / Section 537.791
537.791 Request for well identification number
Status: in_force

(1) A landowner may apply to the Water Resources Department for a number to identify a well on the landowner’s property.

(2) If the department has not previously assigned an identification number to the well, no later than 10 days after receiving an application under this section, the department shall assign an identification number to the well. [1993 c.774 §10; 2021 c.610 §16]

Source: Section 537.791 — Request for well identification number , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.647 — OR Code / Title 45 / Chapter 545 / Section 545.647
545.647 Recording of contract
Status: in_force

Upon the execution and delivery of the contract, the board of directors shall cause it to be recorded in the records of mortgages in the counties in which any part of the lands covered by the contract are located. Upon recordation, the contract shall become effective in accordance with its terms as of the effective date agreed upon in the contract. As of the effective date, the rights, privileges, liabilities and obligations of all parties to the contract, as described in the contract, shall govern and control all parties in lieu of all statutory rights, privileges, liabilities and obligations theretofore governing and controlling the parties in the premises. [Formerly 545.316]

Source: Section 545.647 — Recording of contract; effective date; preeminence of contract with respect to rights and liabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.580 — OR Code / Title 45 / Chapter 553 / Section 553.580
553.580 Payment of state and county taxes by district
Status: in_force

At any time after any assessment levied under this chapter becomes delinquent, the district may pay any state and county taxes due or delinquent against such tracts of land as are delinquent in the payment of the district assessment, and add such amount to and foreclose the same as part of the lien of the district against such tracts of land.

Source: Section 553.580 — Payment of state and county taxes by district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 540.560 — OR Code / Title 45 / Chapter 540 / Section 540.560
540.560 Order changing description of land to which water right is appurtenant
Status: in_force

(1) If the Water Resources Commission considers that a certificate of water right does not identify the lands to which the right is appurtenant with sufficient specificity for management, delivery or transfer of that right, the commission may issue an order clarifying and refining the description of the land to which the water right is appurtenant.

(2) An order issued under this section may not reduce the rate, duty or number of acres stated in the certificate of water right. The sole purpose of an addendum to a water right certificate is to better define the location of acreage to which the water right is appurtenant, where the certificate states only that the use is limited to a number of acres within a larger tract.

(3) Any order issued under this section shall be served on the legal owner of the land to which the water right is appurtenant and on the occupant of the land, by certified mail, return receipt requested. If the owner or occupant files a written request for a hearing within 30 days after service of the order, the commission shall conduct a hearing of the matter under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.484 (Jurisdiction for review of orders other than contested cases) .

(4) A final order under this section shall become an addendum to and shall be filed with the certificate of water right that the order clarifies. For all purposes, the final order shall constitute the description of the land to which the water right is appurtenant. [1987 c.649 §9]

Source: Section 540.560 — Order changing description of land to which water right is appurtenant; limitation; purpose; hearing; effect of final order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.890 — OR Code / Title 45 / Chapter 537 / Section 537.890
537.890 Report form
Status: in_force

(1) The Water Resources Commission may prescribe by rule the form, contents, filing deadline and other requirements for the report required under ORS 537.880 (Policy) .

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, each report required to be submitted under ORS 537.880 (Policy) must be accompanied by a recording fee of $25.

(b) If more than one geotechnical hole is drilled within seven days at the same project site, each report for each geotechnical hole drilled after the first geotechnical hole must be accompanied by a recording fee of $10.

(3) Fees collected under this section shall be deposited to the Water Resources Department Geotechnical Fund. [2009 c.767 §4]

Source: Section 537.890 — Report form; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.140 — OR Code / Title 45 / Chapter 543 / Section 543.140
543.140 Projects or developments constructed by federal government excepted from law
Status: in_force

The provisions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) shall not apply to any water power project or development constructed by the United States.

Source: Section 543.140 — Projects or developments constructed by federal government excepted from law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.810 — OR Code / Title 45 / Chapter 537 / Section 537.810
537.810 Diversion or appropriation of waters from basin of origin without legislative consent prohibited
Status: in_force

(1) No waters located or arising within a basin shall be diverted, impounded or in any manner appropriated for diversion or use beyond the boundaries of that basin except upon the express consent of the Legislative Assembly. In the event the Legislative Assembly shall give its consent to any such request it may attach thereto such terms, conditions, exceptions, reservations, restrictions and provisions as it may care to make in the protection of the natural resources of the basin and the health and welfare of the present and future inhabitants of the basin within which the water arises or is located.

(2) Subsection (1) of this section shall not apply to appropriations or diversions of less than 50 cubic feet per second out of the basin of origin.

(3) Subsection (1) of this section shall not apply to appropriations or diversions within the Klamath River Basin as defined in ORS 542.620 (Klamath River Basin Compact) or within the Goose Lake Basin as defined in ORS 542.520 (Oregon-California Goose Lake Interstate Compact) , so long as those statutes remain in effect.

(4) This section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [Amended by 1989 c.936 §7]

Source: Section 537.810 — Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 552.635 — OR Code / Title 45 / Chapter 552 / Section 552.635
552.635 Levy to establish revolving fund
Status: in_force

For the purpose of establishing a revolving fund to provide money to finance the planning and construction of district works, a district board may levy an ad valorem tax of not to exceed in any one year three-twentieths of one percent (0.0015) of real market value of all taxable property within the district. The revenue derived from such taxes shall be credited to a revolving fund, and shall be disbursed by the district board and used only for the purpose for which levied. [1969 c.606 §46; 1991 c.459 §429]

Source: Section 552.635 — Levy to establish revolving fund; use of fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 554.086 — OR Code / Title 45 / Chapter 554 / Section 554.086
554.086 Resignation of registered agent
Status: in_force

(1) A registered agent may resign as agent upon delivering a signed statement to the Office of the Secretary of State and giving notice in the form of a copy of the statement to the corporation. The statement may include a statement that the registered office is also discontinued.

(2) Upon delivery of the signed statement, the Secretary of State shall file the resignation statement. The copy of the statement given to the corporation under subsection (1) of this section shall be addressed to the corporation at the corporation’s mailing address or the corporation’s principal office as shown by the records of the Office of the Secretary of State. For purposes of this subsection, written notice is effective at the earliest of the following:

(a) When received;

(b) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed; or

(c) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested and the receipt is signed by or on behalf of the addressee.

(3) The agency appointment is terminated and the registered office discontinued, if so provided, on the 31st day after the date on which the statement was filed by the Secretary of State, unless the corporation shall sooner appoint a successor registered agent as provided in ORS 554.082 (Registered office and registered agent) , thereby terminating the capacity of such agent. [1993 c.190 §21]

Source: Section 554.086 — Resignation of registered agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 539.220 — OR Code / Title 45 / Chapter 539 / Section 539.220
539.220 Procedure when rights to same stream have been determined in different proceedings
Status: in_force

Whenever the rights to the waters of any stream have been determined as provided in this chapter and it appears by the records of such determination that it had not been at one and the same proceeding, then the Water Resources Director may open to public inspection all proofs or evidence of rights to the water, and the findings of the director in relation thereto, in the manner provided in ORS 539.090 (Notice of right to inspect evidence, and of place of court hearing) . Any person who then desires to contest the claims or rights of other persons, as set forth in the proofs or established by the director, shall proceed in the manner provided for in ORS 539.100 (Contest of claims submitted to director) and 539.110 (Hearing of contest) ; provided, that contests may not be entered into and shall not be maintained except between claimants who were not parties to the same adjudication proceedings in the original hearings.

Source: Section 539.220 — Procedure when rights to same stream have been determined in different proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 545.319 — OR Code / Title 45 / Chapter 545 / Section 545.319
545.319 Elections on question of constructing improvement
Status: in_force

(1) If the board of directors considers it for the best interest of the district that the proposed improvement be constructed, the board, by resolution, may call an election to be held within the boundaries of the land described in the petition for the purpose of submitting the question as to whether or not the proposed improvement shall be constructed. The board shall in the resolution fix the time and place of holding the election, specify the polling place and appoint three judges who shall constitute a board of election. The resolution shall also contain the ballot title to be used at the election. The ballot title shall contain such information as in the judgment of the board will advise the owners of the land to be charged with the cost of the proposed improvement as to the general nature of the improvement and the estimated cost.

(2) The board at the time of calling the election within the land described in the petition shall also by resolution call an election to be held within the district at large for the purpose of submitting the question as to whether or not the proposed improvement shall be constructed. This resolution shall contain provisions identical with those provided for in subsection (1) of this section. The election in the district at large shall be held on the same day that the election within the territory described in the petition is held. The election shall be conducted, as nearly as practicable, in accordance with the general election laws of the state applicable to irrigation districts. [Formerly 545.404]

Source: Section 545.319 — Elections on question of constructing improvement; resolution of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.330 — OR Code / Title 45 / Chapter 536 / Section 536.330
536.330 Water Resources Act as supplemental to and including existing statutes
Status: repealed

Chapter 707, Oregon Laws 1955, shall be construed by the Water Resources Commission as supplemental to existing statutes and not in lieu thereof except to the extent that existing statutes are expressly amended or repealed by chapter 707, Oregon Laws 1955. ORS 536.220 (Policy on water resources generally) to 536.540 (Approval of voucher claims) and the authority of the Water Resources Department thereunder shall include all laws now existing or hereinafter enacted that relate to or affect the use and control of the water resources of this state. [1955 c.707 §10(5); 1963 c.415 §1; 1975 c.581 §24; 1985 c.673 §180]

Note: See note under 536.310 (Purposes and policies to be considered in formulating state water resources program) .

Source: Section 536.330 — Water Resources Act as supplemental to and including existing statutes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 547.675 — OR Code / Title 45 / Chapter 547 / Section 547.675
547.675 Lien on land assessed for bond payment
Status: in_force

(1) Upon delivery of the bonds, the secretary of the district shall furnish to the county clerk of each county in which lands of the district are situated:

(a) A certified copy of the resolution of the board authorizing the bonds, of the resolution of the board fixing the annual per acre payments to be made in payment of the principal and interest of the bonds, and of the district treasurer’s registration record;

(b) A certified statement of the lands within the district liable under the bonds, described in subdivisions of 40 acres except where the individual ownership thereof requires a description in lesser subdivisions or by metes and bounds or by calls; and

(c) A certified statement of the total amount of refunding bonds charged against each parcel of land, the amount of the annual payment thereof, the date of payment and the rate of interest.

(2) The county clerk shall record such information in a book to be provided by the county clerk for that purpose, which shall then be a bond lien docket of the drainage district for the lands of the district within the county and shall constitute the total of such charges or assessments and the maximum of the lien against the lands by reason of the bonds. This sum shall not be increased or enlarged by any subsequent assessment because of any delinquencies in payment of the bond lien and interest charge against any other tract or parcel of land in the district. Unpaid annual assessments or charges docketed therein shall bear interest at the rate of six percent per annum. All unpaid annual payments, principal and interest, shall remain a lien on the tract or parcel of land in favor of the district and shall have priority over all other liens and encumbrances except the lien of state, county and municipal taxes.

(3) Any time after issuance of the bonds, the owner of any tract or parcel of land may relieve the tract or parcel of the lien by paying to the county clerk, for the benefit of the district, the amount of the principal and interest remaining unpaid thereon. The clerk shall thereupon pay the money over to the district treasurer to be credited to the district’s bond fund. The clerk shall note on the bond lien record the fact of such payment and of the satisfaction and discharge of the lien. Upon such payment of the lien on any tract or parcel of land, the tract or parcel shall forever thereafter be relieved from taxation or assessment for the payment of the bonds or of any bonds issued to refund the bonds, except for such assessment or charge as may be levied by the board of supervisors to create an emergency fund, as provided in ORS 547.680 (Emergency fund) .

(4) The collector of the district’s assessment and taxes shall receive any past due bond of the district or any past due coupon on any bond of the district in payment of any of the charges and payments referred to in this section.

(5) The lien of the annual payments or charges shall be foreclosed as other drainage district liens are foreclosed. [Amended by 1969 c.694 §45; 2001 c.215 §27]

Source: Section 547.675 — Lien on land assessed for bond payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 543.710 — OR Code / Title 45 / Chapter 543 / Section 543.710
543.710 Annual fee based on horsepower
Status: in_force

Every claimant other than a licensee under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) shall on or before January 1 of each year pay to the state in advance an annual fee based upon the theoretical water horsepower claimed under each separate claim to water and calculated using the formula under ORS 543.078 (Annual fee for hydroelectric project) for a project of similar theoretical horsepower. [Amended by 1957 c.333 §2; 1965 c.185 §1; 1973 c.163 §5; 1997 c.449 §38; 1999 c.873 §24; 2001 c.104 §229; 2021 c.516 §6]

Source: Section 543.710 — Annual fee based on horsepower; exemptions; disbursement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 547.665 — OR Code / Title 45 / Chapter 547 / Section 547.665
547.665 Numbering
Status: in_force

(1) The bonds shall be numbered consecutively, beginning with number 1 and following in numerical order. They shall mature in the manner provided by ORS 547.660 (Exchange of refunding bonds for outstanding indebtedness) , in annual amounts of principal and interest approximately equal, in not less than five nor more than 40 years from the date of issue, as the board of supervisors may determine. They shall be negotiable in form. The bonds shall bear interest at a rate determined by the board, payable annually or semiannually on dates determined by the board. Payment of principal and interest shall be at the place designated in the bonds and coupons. The bonds, except as otherwise provided in ORS 547.655 (Authority to adopt alternative procedure) to 547.695 (Sale of lands for delinquent charges) , shall be each of the denomination of not less than $100 nor more than $1,000, shall be signed by the president and secretary, and the seal of the board of supervisors shall be affixed thereto.

(2) Each bond shall bear on its back the registration certificate of the treasurer of the district. Coupons for interest or for interest and principal, as the case may be, shall be attached to each bond and shall bear the facsimile signature of the secretary of the district. The district treasurer shall register the bonds in a book kept in the office of the treasurer for that purpose, in which shall be stated the number, date of issue and of sale, amount of the bond, time and place of payment, rate of interest, number of coupons attached, and any other description proper for future identification of each bond. However, the board of supervisors may call for payment and retire before maturity any bonds issued in accordance with ORS 547.655 (Authority to adopt alternative procedure) to 547.695 (Sale of lands for delinquent charges) , on payment of the principal remaining unpaid at the date of call, together with earned interest to and including the date of the call for payment.

(3) The board of supervisors may stipulate that during the first period of the bond term, not exceeding five years, there shall be no payment of principal or interest. [Amended by 1969 c.694 §44; 1981 c.94 §47; 2001 c.215 §26]

Source: Section 547.665 — Numbering; maturities; negotiability; interest; place of payment; denominations; execution; registration; authority to retire bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.455 — OR Code / Title 45 / Chapter 537 / Section 537.455
537.455 Definitions for ORS 537.455 to 537.500 and 540.510
Status: in_force

As used in ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) and 540.510 (Appurtenancy of water to premises) :

(1) “Conservation” means the reduction of the amount of water diverted to satisfy an existing beneficial use achieved either by improving the technology or method for diverting, transporting, applying or recovering the water or by implementing other approved conservation measures.

(2) “Conserved water” means that amount of water that results from conservation measures, measured as the difference between:

(a) The smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing facilities; and

(b) The amount of water needed after implementation of conservation measures to meet the beneficial use under the water right certificate. [1987 c.264 §1; 1993 c.641 §1]

Note: 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) 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 537.455 — Definitions for ORS 537.455 to 537.500 and 540.510 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 552.720 — OR Code / Title 45 / Chapter 552 / Section 552.720
552.720 Dissolution of irrigation, drainage or water control district and transfer of assets and liabilities to water improvement district
Status: in_force

(1) Any district organized or operating under ORS chapter 545, 547 or 553 may dissolve and transfer its property and other assets and liabilities to a water improvement district which will undertake to furnish service to the inhabitants of the dissolving district.

(2) Except as provided by this section, dissolution, liquidation and transfer proceedings shall be conducted as provided by ORS 198.920 (Dissolution procedure) to 198.955 (Disposition of assets) .

(3) When a petition is filed or a resolution is adopted initiating dissolution proceedings, the governing board of the dissolving district and the district board of the water improvement district shall meet with each other to agree on a debt distribution plan to be voted upon as a part of the proposal. The debt distribution plan may provide for any distribution of indebtedness between the water improvement district and the dissolving district. If the boards do not agree on a debt distribution plan or if the area within the dissolving district remains liable under the plan for any portion of the indebtedness outstanding at the time of the dissolution and transfer, the district board of the water improvement district shall be ex officio board of the dissolved district for the purpose of levying taxes or collecting charges in such area until the bonded and other indebtedness of the dissolved district is paid.

(4) The consent of all the known holders of valid indebtedness against the dissolving district shall be obtained or provision made in the debt distribution plan for the payment of the nonassenting holders. The area within the boundaries of the dissolving district shall not by reason of the dissolution and transfer be relieved from liabilities and indebtedness previously contracted by the dissolving district.

(5) If the dissolution is approved at an election in accordance with the law applicable to the dissolving district, the governing body of the dissolving district shall convey to the water improvement district all assets of the dissolving district after paying and discharging the debts and obligations to, or procuring releases from the nonassenting holders, in accordance with the debt distribution plan. [1969 c.606 §13; 1971 c.727 §167; 1991 c.459 §430b]

Source: Section 552.720 — Dissolution of irrigation, drainage or water control district and transfer of assets and liabilities to water improvement district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.320 — OR Code / Title 45 / Chapter 537 / Section 537.320
537.320 Entry on land for survey purposes, preliminary to appropriation and diversion of waters
Status: in_force

Any person may enter upon any land for the purpose of locating a point of diversion of the water intended to be appropriated, and upon any land lying between such point and the lower terminus of the proposed ditch, canal or flume of the person, for the purpose of examining the same and of locating and surveying the line of such ditch, canal or flume, together with the lines of necessary distributing ditches and feeders, and to locate and determine the site for reservoirs for storing water.

Source: Section 537.320 — Entry on land for survey purposes, preliminary to appropriation and diversion of waters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.352 — OR Code / Title 45 / Chapter 537 / Section 537.352
537.352 Precedence of uses
Status: in_force

Notwithstanding any provision of ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.343 (Proposed final order) and 537.350 (Legal status of in-stream water right) , the right to the use of the waters of this state for a project for multipurpose storage or municipal uses or by a municipal applicant, as defined in ORS 537.282 (Definition of “municipal applicant.”) , for a hydroelectric project, shall take precedence over an in-stream water right when the Water Resources Department conducts a review of the proposed project in accordance with ORS 537.170 (Contested case hearing on application) . The precedence given under this section shall not apply if the in-stream water right was established pursuant to ORS 537.346 (Conversion of minimum perennial streamflows to in-stream water rights) or 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) . [1987 c.859 §11; 1995 c.416 §42]

Source: Section 537.352 — Precedence of uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.085 — OR Code / Title 45 / Chapter 545 / Section 545.085
545.085 Record of petition
Status: in_force

Upon the filing of the copies of the order under ORS 545.079 (Recording of order including lands in district) , the secretary shall record the petition for inclusion in the minutes of the board. The minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. [Formerly 545.596]

Source: Section 545.085 — Record of petition; admissibility in evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.660 — OR Code / Title 45 / Chapter 547 / Section 547.660
547.660 Exchange of refunding bonds for outstanding indebtedness
Status: in_force

The board of supervisors of any drainage district desiring to issue refunding bonds to replace or in satisfaction or discharge of any outstanding indebtedness may exchange such refunding bonds for the outstanding indebtedness in full compromise, satisfaction and discharge thereof, and shall issue the bonds in such denominations and in such amounts to the several holders of the indebtedness as may be found expedient and necessary in funding or refunding the indebtedness. The bonds may be serial, on the level payment plan or each of the bonds may be amortized, as the board of supervisors may by resolution determine. When the bonds so issued do not exceed in principal and rate of interest the indebtedness to be satisfied and for which the bonds are to be exchanged, it shall not be necessary for the board of supervisors to advertise their sale or to offer them at public sale.

Source: Section 547.660 — Exchange of refunding bonds for outstanding indebtedness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 539.070 — OR Code / Title 45 / Chapter 539 / Section 539.070
539.070 Hearing by director
Status: in_force

Upon the date named in the notice for taking testimony, the Water Resources Director or the authorized assistant of the director shall begin taking testimony and shall continue until completed. But the director may adjourn the taking of testimony from time to time and from place to place, to suit the convenience of those interested.

Source: Section 539.070 — Hearing by director; adjournments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 540.150 — OR Code / Title 45 / Chapter 540 / Section 540.150
540.150 Rotation in water use
Status: in_force

To bring about a more economical use of the available water supply, water users owning lands to which are attached water rights may rotate in the use of the supply to which they may be collectively entitled. Whenever two or more water users notify the watermaster that they desire to use the water by rotation, and present a written agreement as to the manner of rotation, the watermaster shall distribute the water in accordance with the written agreement.

Source: Section 540.150 — Rotation in water use; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.210 — OR Code / Title 45 / Chapter 543 / Section 543.210
543.210 Preliminary permits
Status: in_force

(1) Any person who proposes to operate a hydroelectric project in Oregon shall apply for a state preliminary permit. Any person who applies to the Federal Energy Regulatory Commission for a preliminary permit to operate a hydroelectric project shall, at the same time, apply for a state preliminary permit. The Water Resources Commission may issue a preliminary permit to any person possessing the qualifications of a licensee as specified in ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) .

(2) The application for a preliminary permit shall set forth:

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

(b) The approximate site of any proposed dam or diversion;

(c) The amount of water in cubic feet per second;

(d) The theoretical horsepower; and

(e) Any other data the commission may by rule require.

(3) Upon receipt of an application for a preliminary permit the commission shall indorse on the application the date of receipt, and keep a record of the receipt of the application. The date so indorsed shall determine the priority of the use of water initiated under the provisions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) .

(4) At the time of filing application for preliminary permit the applicant shall pay to the state the portion of the total project fee required in ORS 543.280 (Fee payments by licensee) , to cover costs of recording, publishing notices and making investigations necessary to determine whether or not a preliminary permit should be granted. [Amended by 1961 c.224 §15; 1985 c.673 §147; 1991 c.869 §8]

Source: Section 543.210 — Preliminary permits; application; contents; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 540.260 — OR Code / Title 45 / Chapter 540 / Section 540.260
540.260 Lien for wages and expense
Status: in_force

(1) One or more of the water users from any partnership or mutual irrigation company ditch or pipeline may pay the wages and expense of the assistant watermaster and, as against any other user failing to contribute the user’s share or proportion of the wages and expense, shall be entitled to a lien upon the lands of the delinquent user entitled to the use of water from the ditch, pipeline and reservoir and upon the share or interest of the owner in the ditch, pipeline or reservoir, for the user’s just share or proportion.

(2) The lien shall be made effective by filing a similar notice to that prescribed under ORS 540.250 (Lien, notice of intent to claim) within 60 days from the date of payment of the wages and expense, with the county clerk. It may be enforced and foreclosed, and the same procedure, including the allowance of reasonable attorney fees, shall be followed in the foreclosure as in the case of a lien claimed and foreclosed by the watermaster under ORS 540.250 (Lien, notice of intent to claim) . The lien shall not be considered an exclusive remedy. [Amended by 1985 c.421 §16]

Source: Section 540.260 — Lien for wages and expense; enforcement; remedy not exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.330 — OR Code / Title 45 / Chapter 537 / Section 537.330
537.330 Disclosure required in real estate transaction involving water right
Status: in_force

(1) In any transaction for the conveyance of real estate that includes a water right, the seller of the real estate shall, upon accepting an offer to purchase that real estate, also inform the purchaser in writing whether any permit, transfer approval order or certificate evidencing the water right is available and that the seller will deliver any permit, transfer approval order or certificate to the purchaser at closing, if the permit, transfer approval order or certificate is available.

(2) Upon closing and delivery of the instrument of conveyance in a real estate transaction involving the transfer of a water right, the seller shall also deliver to the purchaser evidence of any permit, transfer approval order or certificate of water rights if the permit, transfer approval order or certificate is available.

(3) The failure of a seller to comply with the provisions of this section does not invalidate an instrument of conveyance executed in the transaction.

(4) This section does not apply to any transaction for the conveyance of real estate that includes a water right when the permit, transfer approval order or certificate evidencing the water right is held in the name of a district or corporation formed pursuant to ORS chapter 545, 547, 552, 553 or 554.

(5) As used in this section:

(a) “Certificate” means a certificate or registration issued under ORS 537.250 (Water right certificate) (1), 537.585 (Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered) , 539.140 (Water right certificates) or 539.240 (Claim to undetermined right to appropriate surface water) .

(b) “Permit” means a permit issued under ORS 537.211 (Issuance of permit if application approved) , 537.240 (Federal permit) or 537.625 (Final order) .

(c) “Transfer approval order” means an order of the Water Resources Commission issued under ORS 540.530 (Order authorizing change of use, place of use or point of diversion) . [1979 c.535 §4; 1981 c.448 §1; 1991 c.411 §1; 1995 c.274 §12; 2005 c.14 §1]

IN-STREAM WATER RIGHTS

Source: Section 537.330 — Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.905 — OR Code / Title 45 / Chapter 536 / Section 536.905
536.905 Notice
Status: in_force

(1) Any civil penalty under ORS 536.900 (Civil penalties) shall be imposed as provided in ORS 183.745 (Civil penalty procedures) .

(2) Notwithstanding ORS 183.745 (Civil penalty procedures) , the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the commission. [1989 c.618 §2; 1991 c.734 §50]

Note: See note under 536.900 (Civil penalties) .

Source: Section 536.905 — Notice; application for hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 537.730 — OR Code / Title 45 / Chapter 537 / Section 537.730
537.730 Designation of critical ground water area
Status: in_force

(1) The Water Resources Commission by rule may designate an area of the state a critical ground water area if:

(a) Ground water levels in the area in question are declining or have declined excessively;

(b) The Water Resources Department finds a pattern of substantial interference between wells within the area in question;

(c) The department finds a pattern of interference or potential interference between wells of ground water claimants or appropriators within the area in question with the production of geothermal resources from an area regulated under ORS chapter 522;

(d) The department finds a pattern of substantial interference between wells within the area in question and:

(A) An appropriator of surface water whose water right has an earlier priority date; or

(B) A restriction imposed on surface water appropriation or a minimum perennial streamflow that has an effective date earlier than the priority date of the ground water appropriation;

(e) The available ground water supply in the area in question is being or is about to be overdrawn;

(f) The purity of the ground water in the area in question has been or reasonably may be expected to become polluted to an extent contrary to the public welfare, health and safety; or

(g) Ground water temperatures in the area in question are expected to be, are being or have been substantially altered except as specified in ORS 537.796 (Rules regarding low temperature geothermal appropriations) .

(2) The proceeding to designate a critical ground water area shall be conducted according to the provisions under ORS chapter 183 applicable to the adoption of rules by an agency, except that a hearing on a critical ground water declaration shall occur at least 60 days after notice has been given.

(3) In addition to the notice requirements under ORS 183.335 (Notice) , the department shall give notice by regular mail to:

(a) The owners of record of all ground water registrations, permits and certificates for water use within the affected area; and

(b) Each water well constructor licensed under ORS 537.747 (Water well constructor’s license) .

(4) If the department satisfies the notice requirements under ORS 183.335 (Notice) and subsection (3) of this section, a person shall not contest a critical ground water area designation on grounds of failure to receive notice by regular mail. [1955 c.708 §26; 1957 c.341 §8; 1981 c.589 §5; 1985 c.673 §62; 1987 c.442 §1; 1989 c.201 §4; 1991 c.400 §4]

Source: Section 537.730 — Designation of critical ground water area; rules; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.150 — OR Code / Title 45 / Chapter 537 / Section 537.150
537.150 Filing of application
Status: in_force

(1) Within 15 days after receiving an application, the Water Resources Department shall determine whether the application contains the information listed under ORS 537.140 (Application for permit) (1) and is complete and not defective, including the payment of all fees required under ORS 537.140 (Application for permit) (5). If the department determines that the application is incomplete or defective or that not all fees have been paid, the department shall return the fees paid and the application.

(2) Upon determining that an application contains the information listed under ORS 537.140 (Application for permit) (1) and is complete and not defective, the department shall indorse on the application the date upon which the application was received at the department, which shall be the priority date for any water right issued in response to the application. All applications that comply with the provisions of law shall be recorded in a suitable book kept for that purpose.

(3) If an application is complete and not defective, the department shall determine whether the proposed use is prohibited by ORS chapter 538. If the proposed use is prohibited by ORS chapter 538, the department shall reject the application and return all fees to the applicant with an explanation of the statutory prohibition.

(4) If the proposed use is not prohibited by ORS chapter 538, the department shall undertake an initial review of the application and make a preliminary determination of:

(a) Whether the proposed use is restricted or limited by statute or rule;

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

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

(5) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in subsection (1) of this section, the department shall notify the applicant of its preliminary determinations and allow the applicant 14 days from the date of mailing within which to notify the department to stop processing the application or to proceed with the application. If the applicant notifies the department to stop processing the application, the department shall return the application and all fees paid in excess of $310. If the department receives no timely response from the applicant, the department shall proceed with the application.

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

(7) Within 30 days after the public notice under subsection (6) of this section, any person interested in the application shall submit written comments to the department. Any person who asks to receive a copy of the department’s proposed final order shall submit to the department the fee required under ORS 536.050 (Fees) (1). [Amended by 1985 c.673 §28; 1993 c.557 §2; 1995 c.416 §9; 2007 c.267 §2; 2009 c.819 §§6,13; 2013 c.644 §§3,4; 2017 c.571 §§3,4; 2021 c.515 §2]

Source: Section 537.150 — Filing of application; determination of completeness; initial review; preliminary determination; notice; public comments; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.639 — OR Code / Title 45 / Chapter 545 / Section 545.639
545.639 Nature of proceeding
Status: in_force

The procedure in the circuit court under ORS 545.629 (Declaration of intent to dispose of bonds) to 545.637 (Hearing on petition) shall be in the nature of an equitable proceeding in rem. Any holder of evidences of indebtedness affected by any court procedure under ORS 545.629 (Declaration of intent to dispose of bonds) , 545.631 (Consent of creditors to refunding of indebtedness) , 545.633 (Obtaining constructive consent of unknown or dissenting creditors) , 545.635 (Notice of court proceeding to obtain constructive consent) and 545.637 (Hearing on petition) , or any other interested party, may appeal to the Court of Appeals at any time within 30 days after the entry of the judgment of the circuit court. The appeal must be heard and determined within three months from the time of taking the appeal. The court, in inquiring into the regularity, legality or correctness of the proceedings, shall disregard any error, irregularity or omission that does not affect the substantial rights of the parties and may approve the proceedings in part and disapprove the remainder. The costs of the proceedings may be allowed and apportioned between the parties in the discretion of the court. [Formerly 545.288; 2003 c.576 §502]

Source: Section 545.639 — Nature of proceeding; appeal; nonprejudicial errors; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.580 — OR Code / Title 45 / Chapter 536 / Section 536.580
536.580 Rights acquired prior to August 3, 1955, not affected
Status: in_force

Nothing in ORS 509.645 (Filing protest with commission) , 536.220 (Policy on water resources generally) to 536.540 (Approval of voucher claims) or 543.225 (Hearing on application) , as enacted by chapter 707, Oregon Laws 1955, nor in the amendments made by chapter 707, Oregon Laws 1955, to ORS 225.290 (Right to acquire use of unappropriated state waters) , 225.300 (Filing for use of unappropriated state waters) , 261.325 (Acquisition of water rights) , 261.330 (District water right appropriation exclusive if not excessive) , 509.610 (Maintenance of fish passage required) , 509.625 (Power of department to inspect artificial obstructions and have fish passage constructed or remove obstruction) , 537.170 (Contested case hearing on application) , 537.200 (1969 Replacement Part), 543.050 (Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records) or 543.230 (Hearings on application) , nor in sections 38, 41, 43, 45 or 50, chapter 707, Oregon Laws 1955, nor in ORS 509.585 (Fish passage required for artificial obstructions) shall be construed to take away or impair any right to any waters or to the use of any waters vested and inchoate prior to August 3, 1955. [1955 c.707 §55; 1973 c.723 §125; 1985 c.673 §181; 2001 c.923 §15]

Source: Section 536.580 — Rights acquired prior to August 3, 1955, not affected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 537.767 — OR Code / Title 45 / Chapter 537 / Section 537.767
537.767 Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund
Status: in_force

(1) As used in this section, “repair” may include, but is not limited to, a well deepening.

(2) Moneys in the Water Well Abandonment, Repair and Replacement Fund may be disbursed under authority of the Water Resources Director for the purposes described in this section. The Water Resources Department may disburse moneys from the fund to provide financial assistance:

(a) To a person, as defined in ORS 536.007 (Definitions) , or member of a federally recognized Indian tribe in Oregon to permanently abandon a water well or to repair or replace a water well that is used for household purposes;

(b) To nonprofit, governmental or other institutions that meet qualifications established by Water Resources Commission rules, for programs to permanently abandon water wells and to repair or replace water wells used for household purposes;

(c) As cost-sharing with other programs to permanently abandon water wells and to repair or replace water wells used for household purposes; or

(d) To pay the cost of direct services of a water well constructor licensed under ORS 537.747 (Water well constructor’s license) to purchase necessary materials and perform the work needed for abandoning, repairing or replacing water wells that are eligible under this section.

(3) Except as provided in subsection (4) of this section, financial assistance provided under subsection (2) of this section may not exceed:

(a) 75 percent of the cost to permanently abandon a water well;

(b) 75 percent of the cost to repair or to replace a water well used for household purposes; or

(c) 50 percent of the cost of developing a program to permanently abandon, repair or replace water wells, when paid to an institution described in subsection (2)(b) of this section.

(4) Notwithstanding subsection (3) of this section, financial assistance provided under subsection (2) of this section to an individual with lower income, as defined by the department, may cover the full cost of the materials or work described in subsection (2) of this section.

(5) An expenditure from the fund is subject to at least one of the following purposes:

(a) The permanent abandonment, repair or replacement of water wells in which deficiencies in the well construction might:

(A) Result in waste, loss of artesian pressure or ground water declines;

(B) Serve as a conduit for contamination; or

(C) Otherwise be a detriment to public health or safety.

(b) The repair or replacement of water wells used for household purposes by persons of lower or moderate income.

(c) The replacement of water wells used for household purposes in areas of declining ground water levels where other sources of water for household purposes are not feasible.

(d) The abandonment, repair or replacement of water wells consistent with water resources management purposes specified by rule by the commission.

(e) The abandonment, repair or replacement of water wells damaged due to natural disasters.

(f) The abandonment, repair or replacement of water wells used for household purposes in areas of ground water contamination, if contaminant levels in the water from the water wells exceed levels permitted under drinking water standards.

(6) If the department provides funding to an institution under subsection (2)(b) of this section, the department shall require that the institution:

(a) Use accounting, auditing and fiscal procedures that conform with generally accepted government accounting standards;

(b) Give preference to persons of lower or moderate income and to small businesses that do not qualify for other financing;

(c) Demonstrate past success in offering, underwriting, servicing and managing loans or grants to:

(A) Persons of lower or moderate income; or

(B) Persons representing a wide range of qualifications for credit; and

(d) Have a plan for engaging other stakeholders in outreach and marketing efforts for a loan or grant program.

(7) The department:

(a) Shall consult with the Department of Environmental Quality and the Oregon Health Authority to establish criteria related to identifying areas of ground water contamination and assessing contaminant levels when evaluating applications under subsection (5)(f) of this section.

(b) May deny applications for financial assistance under this section that are not likely to result in the improvement of ground water quality or the meeting of drinking water standards.

(c) May enter into contracts, intergovernmental agreements or other arrangements with public or private entities for any purposes consistent with this section.

(8) The commission may adopt rules to implement this section, including rules that:

(a) Prioritize the issuance of the funding for a purpose described in subsection (5) of this section.

(b) Establish a preference for providing the funding to individuals of moderate or lower income.

(c) Establish that the funding may only be provided to individuals of moderate or lower income. [2021 c.610 §3; 2023 c.606 §5]

Source: Section 537.767 — Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 555.140 — OR Code / Title 45 / Chapter 555 / Section 555.140
555.140 Deeds to land
Status: in_force

Upon filing with the Water Resources Commission a satisfactory release of the construction lien apportioned by the commission against the land in any application, accompanied by satisfactory proof of reclamation, cultivation and settlement, as required by the rules of the commission, it shall be the duty of the commission to deed to the applicant, or the assignee of the applicant, the land described in the application. The deeds shall be in form of a quitclaim and shall operate to convey only such title as the state may have in the land conveyed. The deeds, without acknowledgment, or copies thereof duly certified and attested under seal by the commission, certified from the official copy in the keeping of the commission, shall be admitted to record. The commission shall preserve, in a suitable book, a true copy of the deeds, with an alphabetical index of the names of the grantees, and such copies or certified copies thereof certified and attested as aforesaid shall be primary evidence of such conveyances.

Source: Section 555.140 — Deeds to land; execution; form; title conveyed; record; preservation of copies; copies as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.050 — OR Code / Title 45 / Chapter 541 / Section 541.050
541.050 Leakage or overflow
Status: in_force

Every corporation having constructed a ditch, canal, flume or reservoir under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall be liable for all damages done to the persons or property of others, arising from leakage or overflow of water therefrom growing out of want of strength in the banks or walls, or negligence or want of care in the management of the ditch, canal, flume or reservoir. However, damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another with the ditch, canal, flume or reservoir, which may not be known to the corporation for such length of time as would enable it by the exercise of reasonable efforts to remedy the same, shall not be recovered against the corporation.

Source: Section 541.050 — Leakage or overflow; liability; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.334 — OR Code / Title 45 / Chapter 537 / Section 537.334
537.334 Findings
Status: in_force

The people of the State of Oregon find and declare that:

(1) Public uses are beneficial uses.

(2) The recognition of an in-stream water right under ORS 537.336 (State agencies authorized to request in-stream water rights) to 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) shall not diminish the public’s rights in the ownership and control of the waters of this state or the public trust therein. The establishment of an in-stream water right under the provisions of ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits) shall not take away or impair any permitted, certificated or decreed right to any waters or to the use of any waters vested prior to the date the in-stream water right is established pursuant to the provisions of ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits) . [1987 c.859 §3]

Source: Section 537.334 — Findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 553.850 — OR Code / Title 45 / Chapter 553 / Section 553.850
553.850 Dissolution upon majority vote
Status: in_force

Any water control district may be dissolved whenever a majority vote of the electors of the district voting at an election for such purpose favors the dissolution. [1965 c.623 §28]

Source: Section 553.850 — Dissolution upon majority vote , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 540.730 — OR Code / Title 45 / Chapter 540 / Section 540.730
540.730 Obstruction interfering with access to or use of works
Status: in_force

Whenever any appropriator of water has the lawful right of way for the storage, diversion, or carriage of water, no person shall place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto.

Source: Section 540.730 — Obstruction interfering with access to or use of works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 541.969 — OR Code / Title 45 / Chapter 541 / Section 541.969
541.969 Report to Legislative Assembly by state agencies receiving subaccount moneys
Status: in_force

Each state agency that receives moneys from the Natural Resources Subaccount created under ORS 541.942 (Natural Resources Subaccount) shall submit a report to the Legislative Assembly each biennium regarding the use of the moneys by the agency. The report shall include, but need not be limited to, a description of the measurable biennial and cumulative results of the activities and programs for which the agency expended the moneys. Reports required by this section are in addition to any audit report supplied by the Secretary of State under ORS chapter 297. [2011 c.643 §10]

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

Source: Section 541.969 — Report to Legislative Assembly by state agencies receiving subaccount moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 547.755 — OR Code / Title 45 / Chapter 547 / Section 547.755
547.755 Part of district annexed to city to be withdrawn from district only by consent of voters
Status: in_force

No part of a drainage district annexed to a city shall be withdrawn from the district, except upon the consent of the voters of that part of the district. The votes shall be counted in the same manner as in elections for officers of the district. If three-fourths of those voting in that part of the district favor withdrawal from the district the withdrawal is effective, subject to ORS 222.520 (Annexation of less than entire district) (2), ORS 222.528 (Territory withdrawn from district not liable for certain obligations) and 222.560 (Procedure for division of installations on withdrawal of part of sanitary district) relating to division of assets and liabilities upon withdrawal from sanitary districts. [Amended by 1963 c.419 §1]

Source: Section 547.755 — Part of district annexed to city to be withdrawn from district only by consent of voters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 553.760 — OR Code / Title 45 / Chapter 553 / Section 553.760
553.760 When land benefited by irrigation project
Status: in_force

No tract of land shall be considered to be benefited by the construction, operation, maintenance or improvement of irrigation works unless the owner of such land enters into an irrigation contract with the district. The irrigation contract shall be in such form as shall be prescribed by the district. Upon being executed the contract shall be recorded with the county clerk of the county in which such lands are located and the recording of the contract shall constitute notice that such lands are subject to all maintenance and operation assessments thereafter levied and all other assessments thereafter or theretofore levied by the district. [1961 c.186 §3]

Source: Section 553.760 — When land benefited by irrigation project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.631 — OR Code / Title 45 / Chapter 545 / Section 545.631
545.631 Consent of creditors to refunding of indebtedness
Status: in_force

(1) Before authorizing the issuance of bonds under ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) , the board of directors shall require that the known holders or their representatives of not less than 80 percent of the total amount of all evidences of indebtedness, whether warrants, bonds or certificates that are to be retired or refunded, shall submit to the board of directors for its acceptance an offer:

(a) To deliver and surrender all evidences of indebtedness in exchange for bonds or cash, or both, not exceeding the maximum amount of the total assessment; or

(b) To accept in full payment of the outstanding indebtedness a sum of money or refunding bonds, or both, representing the proportion which the total proposed refunding payment bears to the total outstanding indebtedness proposed to be refunded, based on the par value of the proposed refunding payment. The creditors must agree to absorb the loss between the amount of the total outstanding indebtedness and the amount of the refunding payment, and to receive the refunding bonds or cash, or both, in full payment, satisfaction and discharge of the outstanding. The creditors must further agree to make such proper pro rata distribution of the refunding payment as is required to retire and discharge the total outstanding indebtedness proposed to be refunded.

(2) The offer shall be in writing and when submitted to the board of directors and accepted by the board, the offer shall be irrevocable until after the board of directors has had the opportunity to authorize the issuance, sale and delivery of refunding bonds to replace and discharge the outstanding indebtedness. Any litigation that is intended to or will restrain or prevent the board of directors from issuing and delivering the refunding bonds shall not subject the offer to revocation until after the litigation is concluded and the board of directors has a reasonable time thereafter in which to issue, sell and deliver the refunding bonds. The offer shall be considered accepted by the board of directors upon delivery of the offer to the board. [Formerly 545.280]

Source: Section 545.631 — Consent of creditors to refunding of indebtedness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.325 — OR Code / Title 45 / Chapter 541 / Section 541.325
541.325 Definitions for ORS 541.327 to 541.333
Status: in_force

As used in ORS 541.327 (Failure or refusal of district to act) to 541.333 (Application for change of place of use, point of diversion or use) :

(1) “District” means any district or corporation organized under ORS chapter 545, 547, 552, 553 or 554 or any corporation, cooperative, company or other association formed before 1917 for the purpose of distributing water for irrigation purposes.

(2) “Owned” or “controlled” means ownership in fee, purchase on a land sale contract, option to purchase or lease.

(3) “User” means an owner of land with an appurtenant water right that is subject to assessment by a district and that would be altered by the petition and map filed under ORS 541.329 (Petition for approval of district map) . [1989 c.1000 §1; 1993 c.818 §1]

Note: 541.325 (Definitions for ORS 541.327 to 541.333) to 541.333 (Application for change of place of use, point of diversion or use) 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 541.325 — Definitions for ORS 541.327 to 541.333 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 549.330 — OR Code / Title 45 / Chapter 549 / Section 549.330
549.330 Survey of work
Status: in_force

The county court shall direct the county surveyor, or county engineer if the county employs a registered professional engineer, to make a survey of the work contemplated to be done and prepare plats, plans, profiles and estimates of cost of the work to be done, and shall assess the damage sustained by any person owning any land affected by such improvement, taking into consideration all benefits which will accrue from the work contemplated to be done to the land. The county surveyor, or county engineer, shall file with the county clerk the plats, plans, profiles, estimates of cost, and assessment of damages. Not less than 30 nor more than 60 days after the county surveyor, or county engineer, has filed the data with the county clerk, the county court shall hold a hearing, of which at least 10 days’ notice shall be given to all landowners affected, and to the authority which maintains any highway and to the owners of any railroad or tramway through which or under which any conduit is to be constructed, by publishing the same once a week for two successive weeks in a newspaper of general circulation in the county. At the hearing the county court shall hear evidence in support of the petition and in support of any protest or objection thereto, and after consideration shall determine whether it is to the interest and benefit of the land affected and conducive to the public welfare to grant the petition for the improvement. [Amended by 1965 c.287 §1]

Source: Section 549.330 — Survey of work; plats, plans; estimates of cost; assessment of damages; hearing and determination by county court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 536.710 — OR Code / Title 45 / Chapter 536 / Section 536.710
536.710 Policy
Status: in_force

(1) The Legislative Assembly finds that an emergency may exist when a severe, continuing drought results in a lack of water resources, thereby threatening the availability of essential services and jeopardizing the peace, health, safety and welfare of the people of Oregon.

(2) The Legislative Assembly finds it necessary in the event of an emergency described in subsection (1) of this section, to promote water conservation and to provide an orderly procedure to assure equitable curtailment, adjustment, allocation or regulation in the domestic, municipal and industrial use of water resources where more than one user is dependent upon a single source of supply. [1977 c.541 §1]

Source: Section 536.710 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 552.740 — OR Code / Title 45 / Chapter 552 / Section 552.740
552.740 Notice requirements
Status: in_force

When notice is required by this chapter to be given by publication, the notice shall be published in a newspaper of general circulation in the district, or if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. Notice of a hearing to be held before the district board or the county board shall be published once each week for four consecutive weeks, making four publications, and the last publication shall be at least five days before the date set for the hearing. All other notices required to be published under this chapter shall be published once each week for two consecutive weeks, making two publications, and the last publication shall be at least five days before the date of the event for which the notice is given. This section does not apply to provision of notice for an election. [1969 c.606 §12; 1971 c.647 §119; 1983 c.350 §304]

Source: Section 552.740 — Notice requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 541.705 — OR Code / Title 45 / Chapter 541 / Section 541.705
541.705 Project applications
Status: in_force

(1) Any water developer may file with the Water Resources Commission an application to enable the construction of a water development project as provided in ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) . The application shall be filed in the manner, be in the form and contain or be accompanied by any information prescribed by the commission. The commission, in considering applications, shall encourage the largest number of users of the Water Development Fund and shall consider the impact on the family farm units of the state.

(2) In addition to other requirements prescribed by the commission, an application filed under subsection (1) of this section shall:

(a) Describe the nature and purposes of the proposed water development project, including the need for the project and reason why the project would be in the public interest.

(b) State whether any purposes other than improvement of a drinking water system, irrigation, drainage, fish protection, watershed enhancement or municipal use, but consistent therewith, will be served by the proposed water development project, and the nature of the other purposes, if any.

(c) Set forth or be accompanied by a feasibility study for the construction, operation and maintenance of the proposed water development project, an estimate of the costs of construction and if the project includes as a primary purpose irrigation or drainage, an evaluation of the agricultural potential of the land from any competent public agency.

(d) State whether any moneys other than those in the Water Development Fund are proposed to be used for the construction of the proposed water development project, and whether any other moneys are available or have been sought for the construction.

(e) Show that the applicant holds or can acquire all lands, other than public lands, and interests therein and water rights necessary for the construction, operation and maintenance of the proposed water development project.

(3) If the application is for a safe drinking water project, the applicant also shall demonstrate that:

(a) The applicant is a city, county, district, water authority or other political subdivision of the state or an organization operated on a not-for-profit basis that makes drinking water available to members of the general public;

(b) The primary use of the loan will be to improve a drinking water system for the purpose of complying with applicable state or federal drinking water quality regulations; and

(c) The applicant has:

(A) Developed a water system master plan; and

(B) Either has a coordination agreement in place as defined in ORS 195.020 (Special district planning responsibilities) , 195.025 (Regional coordination of planning activities) and 197.712 (Commission duties) or can demonstrate that options to find a coordinated solution to the system’s drinking water problems have been fully explored. [1977 c.246 §2; 1981 c.592 §2; 1985 c.673 §113; 1987 c.636 §2; 1991 c.944 §6; 1993 c.577 §38; 2009 c.907 §§4,35]

Source: Section 541.705 — Project applications; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 547.020 — OR Code / Title 45 / Chapter 547 / Section 547.020
547.020 Fixing time and place of hearing
Status: in_force

(1) Upon presentation of the petition, the county court shall fix the time and place for hearing the petition. Thereupon the clerk in whose office the petition was filed shall give notice in the following manner:

(a) The clerk shall cause notice to be published once each week for four consecutive weeks in some newspaper published in each county in which are situated lands of the district, the last insertion to be made at least 15 days prior to the meeting of the county court at which the petition is to be heard. The notice shall be substantially in the following form and shall be deemed sufficient for all purposes of the Drainage District Act:

Notice of Hearing on Petition to Form Drainage District.

In the County Court of the State of Oregon, for the County of _____.

Notice is given that hearing on the following petition will be held at the courthouse in the city of_____, County of_____, State of Oregon, on the ___ day of_____, 2___, for the purpose of determining whether the prayer of the petition shall be granted.

All persons owning or claiming an interest in lands described in the petition are notified to appear at that place on that date and show cause, if any there be, why the prayer in the petition should not be granted.

_______________

Clerk of the County Court

(b) Immediately following the notice and as a part thereof, there shall be published the petition in full, including the signatures thereto.

(2) The county court of the county in which the petition has been filed shall thereafter maintain and have original and exclusive jurisdiction coextensive with the boundaries and limits of the district without regard to county lines, for all purposes of the Drainage District Act.

Source: Section 547.020 — Fixing time and place of hearing; notice; jurisdiction over district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 541.780 — OR Code / Title 45 / Chapter 541 / Section 541.780
541.780 Bonds to provide project financing
Status: in_force

In order to provide funds for the purposes specified in Article XI-I (1) of the Oregon Constitution, the Water Resources Commission may request the State Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A. [1977 c.246 §19; 1981 c.660 §45; 2007 c.783 §215]

Source: Section 541.780 — Bonds to provide project financing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 549.520 — OR Code / Title 45 / Chapter 549 / Section 549.520
549.520 Complaint to county judge of neglect to repair
Status: in_force

If anyone neglects to repair, rebuild or reconstruct a dike as specified in ORS 549.510 (Repair of dikes protecting contiguous tracts of different owners) , the owners of the contiguous tracts of land may complain to the county judge of the county in which the lands or some portion thereof are situated, who, after due notice, shall examine the premises. If the county judge determines that the dike is in need of reconstruction, rebuilding or repair, and that the dike is of sufficient benefit to the lands affected thereby to warrant its maintenance, and if the county judge finds that the dikes on the other contiguous tracts owned by the persons complaining are in a good state of repair, the county judge shall so signify in writing and shall cause to be served upon the delinquent owner a copy of such finding and shall direct the owner to rebuild, reconstruct or repair the dike within such time as the judge determines to be reasonable.

Source: Section 549.520 — Complaint to county judge of neglect to repair; notice; examination; findings; direction to delinquent owner to repair dike , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 555.160 — OR Code / Title 45 / Chapter 555 / Section 555.160
555.160 Report of work, expenditures and condition of funds
Status: in_force

The Water Resources Commission shall issue, on or before September 30 of each even-numbered year, a full report of the work of the commission 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) , including a statement of expenditures and condition of all funds, and such recommendations for legislation as are deemed advisable. [Amended by 2011 c.545 §62]

Source: Section 555.160 — Report of work, expenditures and condition of funds; recommendations for legislation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.710 — OR Code / Title 45 / Chapter 541 / Section 541.710
541.710 Processing project application
Status: in_force

(1) Upon receipt of an application filed as provided in ORS 541.705 (Project applications) , the Water Resources Commission shall determine whether the feasibility study described in ORS 541.705 (Project applications) for the water development project set forth in or accompanying the application is satisfactory and if the commission determines that it is not satisfactory, the commission may:

(a) Reject the application;

(b) Require the applicant to submit additional information and revision of the feasibility study as may be necessary; or

(c) Make such revisions of the feasibility study as the commission considers necessary to make the plan satisfactory.

(2) Except as provided in subsection (3) of this section, the commission shall charge and collect from the applicant at the time the application is filed a fee of $100. In addition, the commission shall charge the applicant the amount required to reimburse the commission for costs that exceed the application fee incurred in connection with the application. Moneys referred to in this subsection shall be paid into the Water Development Administration and Bond Sinking Fund.

(3) The commission may establish by rule an application fee of less than $100 for a water development project that is for fish protection or for watershed enhancement. [1977 c.246 §3; 1985 c.673 §114; 1987 c.636 §3; 2009 c.907 §§5,36; 2013 c.784 §33]

Source: Section 541.710 — Processing project application; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 558.030 — OR Code / Title 45 / Chapter 558 / Section 558.030
558.030 Artificial weather modification prohibited without license
Status: in_force

No person, without securing a license from the State Department of Agriculture, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1953 c.654 §3]

Source: Section 558.030 — Artificial weather modification prohibited without license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 540.449 — OR Code / Title 45 / Chapter 540 / Section 540.449
540.449 Construction plan approval
Status: in_force

(1) A person may not construct a dam unless the Water Resources Department has examined the site, plans and specifications, features and other supporting information regarding the construction and operation of the dam and has approved them in writing.

(2) Except as provided in this subsection, a dam may not be used to impound water or wastewater until final documentation for the site, plans and specifications, features and other supporting information of the dam has been submitted to and accepted by the department after completion of construction. The Water Resources Commission may adopt rules to allow all or a portion of a previously authorized impoundment during construction work on a dam that is undergoing modification.

(3) The department may charge a fee for an examination under subsection (1) of this section of information regarding construction of a new dam or construction to modify dam height. The fee may not exceed the lesser of the costs of providing the examination or:

(a) $1,750 for a dam that has a low hazard rating;

(b) $3,500 for a dam that has a significant hazard rating; or

(c) $8,500 for a dam that has a high hazard rating.

(4) The department may waive the requirements in subsections (1) and (2) of this section as necessary to address an actual or potential dam failure that poses an imminent risk to life, property or public infrastructure, including but not limited to waiving the requirements for actions identified in an emergency action plan. [2019 c.390 §4]

Source: Section 540.449 — Construction plan approval; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.225 — OR Code / Title 45 / Chapter 543 / Section 543.225
543.225 Hearing on application
Status: in_force

(1) The Water Resources Commission shall conduct a public hearing on any application or amended application for a preliminary permit or for a license for a major project of more than 100 theoretical horsepower and an application for preliminary permit or license for a minor project of less than 100 theoretical horsepower if the commission concludes it is in the public interest to do so.

(2) The commission shall give proper notice of the public hearing on an application under subsection (1) of this section, to the applicant and to each protestant, if any. After the hearing, if the commission determines that the proposed project does not comply with the standards set forth in ORS 543.017 (Minimum standards for development of hydroelectric power) or rules adopted by the commission under ORS 543.017 (Minimum standards for development of hydroelectric power) , or would otherwise impair or be detrimental to the public interest so far as the coordinated, integrated state water resources policy is concerned, it shall enter an order rejecting the application or requiring its modification to conform to the public interest, to the end that the highest public benefit may result from the proposed project. The order may set forth any or all of the provisions or restrictions to be included in a preliminary permit or license concerning the use, control and management of the water to be appropriated for the project, including, but not limited to, a specification of reservoir operation and minimum releases to protect the public interest.

(3) In determining whether the proposed project would impair or be detrimental to the public interest, the commission shall have due regard for:

(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 thereof, 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) .

(4) After the entry of the order specified in subsection (2) of this section, the application for a preliminary permit or for a license shall be referred to the Water Resources Director for further proceedings consistent with the commission’s order. [1955 c.707 §42; 1961 c.224 §17; 1975 c.581 §28; 1985 c.569 §20; 1985 c.673 §148]

Source: Section 543.225 — Hearing on application; notice; policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 554.340 — OR Code / Title 45 / Chapter 554 / Section 554.340
554.340 Judicial determination of legality of proceedings
Status: in_force

(1) The board of directors of any corporation organized under the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) , or of any corporation organized before March 4, 1937, which amends its articles and landowners’ notice pursuant to the provisions of ORS 554.420 (Amendment of articles, and landowners’ notice, of corporation organized under 1911 Act) , may, after adopting a resolution adjudging the same to be to the interest of the corporation and authorizing the same, by petition commence special proceedings in the circuit court of the county in which the office of the corporation is located, for the purpose of having a judicial examination and judgment of the court as to the regularity and legality:

(a) Of the proceedings in connection with the organization of the corporation; or

(b) Of the proceedings of the board and corporation providing for and authorizing the issue or sale of any bonds or obligations of the corporation whether or not theretofore sold or disposed of; or

(c) Of any action or proceeding for the inclusion or exclusion of land, or declaring the result of any election, or of any order levying any assessment or ordering the issue of any bonds or obligations for any purpose; or

(d) Of any plan of improvement of lands described in the articles of incorporation or of any proposed works and improvement for which bonds or obligations are authorized to be issued; or

(e) Of the authorization of any contract with the United States or any municipality or corporation or person, and as to the validity of such contract whether or not it has been executed.

(2) All or any of the proceedings of the corporation may be judicially examined and determined by the court in one proceeding as prayed in the petition. The provisions of ORS 548.110 (Nature of proceedings) shall apply to the proceedings provided in this section, and jurisdiction of the corporation shall be obtained in the manner provided for irrigation or drainage districts in that section.

(3) Any landowner or person having an estate or interest therein or member of the corporation or assessment payer may, within 30 days after the entry of any order or the performance of any of the acts or things mentioned in subsection (1) of this section for which a contest is provided, bring a proceeding to determine the validity thereof, in which case the board of directors shall be made parties defendant and service of the summons shall be had upon the members of the board in the manner provided in ORS 548.115 (Elector’s right to maintain proceedings) for irrigation and drainage districts. The proceedings shall be tried and determined in the same manner as provided in subsections (1) and (2) of this section for proceedings brought by the corporation itself.

(4) No contest of any proceeding or matter or thing by this section provided to be had or done shall be had or maintained at any time or in any manner except as provided in this section.

Source: Section 554.340 — Judicial determination of legality of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 540.446 — OR Code / Title 45 / Chapter 540 / Section 540.446
540.446 Dams not subject to ORS 540.443 to 540.491
Status: in_force

(1) ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) do not apply to:

(a) A dam that is less than 10 feet in height; or

(b) A dam that impounds less than 3 million gallons of water or wastewater.

(2) Except as provided in this subsection, ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) do not apply to dams regulated under a federal dam safety program. If there is a potential or actual risk of dam failure at a dam regulated under a federal dam safety program, the Water Resources Department may aid in the inspection of the dam and may provide advice and assistance to prevent, mitigate or respond to a potential or actual dam failure. [2019 c.390 §3]

Source: Section 540.446 — Dams not subject to ORS 540.443 to 540.491 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 558.135 — OR Code / Title 45 / Chapter 558 / Section 558.135
558.135 Revocation, suspension, refusal to issue or renew license
Status: in_force

(1) Where the State Department of Agriculture proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183.

(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [1975 c.420 §11]

Source: Section 558.135 — Revocation, suspension, refusal to issue or renew license; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 558.310 — OR Code / Title 45 / Chapter 558 / Section 558.310
558.310 Limitation on right to own or operate equipment
Status: in_force

No weather modification district shall own or operate airplanes, chemicals or other equipment or appliances for weather modification activities, but must when conducting weather modification activities hire a person licensed under the provisions of ORS 558.010 (Definitions for ORS 558.010 to 558.140) to 558.140 (Appropriation for administration and enforcement) . [1969 c.698 §60]

Source: Section 558.310 — Limitation on right to own or operate equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 558.200 — OR Code / Title 45 / Chapter 558 / Section 558.200
558.200 Definition of “county court.”
Status: in_force

As used in ORS 558.200 (Definition of “county court.”) to 558.440 (Special elections) , “county court” includes board of county commissioners. [1969 c.698 §1]

Source: Section 558.200 — Definition of “county court.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 545.139 — OR Code / Title 45 / Chapter 545 / Section 545.139
545.139 Board of election
Status: in_force

(1) The judges who constitute the board of election for a precinct shall elect a presiding officer for the board who may administer all oaths required in the progress of an election. If during the progress of an election any judge fails to act, the presiding officer may appoint additional judges. Any member of the board of election may administer and certify oaths required to be administered during the progress of election. Before opening the polls each member of the board must take and subscribe an oath faithfully to perform the duties imposed by law. Any elector of the precinct may administer and certify such oath.

(2) The polls shall be open on the day of the election from 7 a.m. to 8 p.m.

(3) The provisions of the general election laws of this state concerning the form of ballot do not apply to the elections held under the Irrigation District Law. [Formerly 545.028; 2007 c.154 §64]

Source: Section 545.139 — Board of election; polls; ballots , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.283 — OR Code / Title 45 / Chapter 537 / Section 537.283
537.283 Procedure for applications to appropriate water for hydroelectric power
Status: in_force

(1) Notwithstanding any other provision of ORS 537.140 (Application for permit) to 537.350 (Legal status of in-stream water right) , in accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission shall by rule establish a procedure for processing applications to appropriate water for hydroelectric power under ORS 537.140 (Application for permit) to 537.320 (Entry on land for survey purposes, preliminary to appropriation and diversion of waters) .

(2) Rules adopted under subsection (1) of this section:

(a) To the extent possible, shall be consistent with the process established for other applications to appropriate water for other beneficial uses under ORS 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit) .

(b) Shall not supersede any provision pertaining to hydroelectric power established under this chapter or ORS chapter 543, to the extent such provisions are applicable to applications to appropriate water for hydroelectric power purposes.

(c) Need not comply with the mandatory time limits or notice provisions established under ORS 537.140 (Application for permit) to 537.350 (Legal status of in-stream water right) if such provisions are incompatible with the substantive requirements applicable to applications to appropriate water for hydroelectric power purposes. [1995 c.416 §32a]

Note: 537.283 (Procedure for applications to appropriate water for hydroelectric power) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.283 — Procedure for applications to appropriate water for hydroelectric power; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 540.510 — OR Code / Title 45 / Chapter 540 / Section 540.510
540.510 Appurtenancy of water to premises
Status: repealed

(1) Intentionally left blank —Ed.

(a) Except as provided in subsections (2) to (8) of this section, all water used in this state for any purpose shall remain appurtenant to the premises upon which it is used and no change in use or place of use of any water for any purpose may be made without compliance with the provisions of ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) . However, the holder of any water use subject to transfer may, upon compliance with the provisions of ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) , change the use and place of use, the point of diversion or the use of the water without losing priority of the right. A district may change the place of use in the manner provided in ORS 540.572 (Application of certificated water elsewhere within district) to 540.580 (Permanent transfer of place of use of water within district) in lieu of the method provided in ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) . When an application for change of the use or place of use for a primary water right is submitted in accordance with this section, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. If the applicant also intends to transfer the supplemental water right or permit, the applicant also shall include the information required under ORS 540.520 (Application for change of use, place of use or point of diversion) (2) for the supplemental water right or permit. If the applicant does not include the supplemental water right or permit in the transfer application, the Water Resources Department shall notify the applicant that the supplemental water right or permit will be canceled before the department issues the order approving the transfer of the primary water right, unless within 30 days the applicant modifies the application to include the supplemental water right or permit or withdraws the application. The department may approve the transfer of the supplemental water right or permit in accordance with the provisions of ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) . The department shall not approve the transfer of a supplemental water right or permit if the transfer would result in enlargement of the original water right or injury to an existing water right. If the department approves the transfer of the primary water right but does not approve the transfer of the supplemental water right or permit, the department shall notify the applicant of the department’s intent to cancel that portion of the supplemental water right or permit described in the transfer application before the department issues the primary water right transfer order, unless the applicant withdraws the transfer application within 90 days.

(b) A holder of a water right certificate that authorizes the storage of water may change the type of use identified in the water right certificate, as described in paragraph (a) of this subsection, without losing priority of the right.

(2) Subject to the limitations in ORS 537.490 (Use of conserved water) , any right to the use of conserved water allocated by the Water Resources Commission under ORS 537.470 (Allocation of conserved water by commission) may be severed from the land and transferred or sold after notice to the commission as required under ORS 537.490 (Use of conserved water) .

(3) Intentionally left blank —Ed.

(a) Any water used under a permit or certificate issued to a municipality, or under rights conferred by ORS 538.410 (Confirmation of water rights acquired prior to February 24, 1909, for municipal supply) to 538.450 (Pendleton) , or under the registration system set forth in ORS 537.132 (Exemption from permit requirement for use of reclaimed water) , may be applied to beneficial use on lands to which the right is not appurtenant if:

(A) The water is applied to lands which are acquired by annexation or through merger, consolidation or formation of a water authority, so long as the rate and use of water allowed in the original certificate is not exceeded;

(B) The use continues to be for municipal purposes and would not interfere with or impair prior vested water rights; or

(C) The use is authorized under a permit granted under ORS 468B.050 (Water quality permit) or 468B.053 (Alternatives to obtaining water quality permit) and for which a reclaimed water registration form has been filed under ORS 537.132 (Exemption from permit requirement for use of reclaimed water) .

(b) As used in this subsection, “municipality” means a city, a port formed under ORS 777.005 (Definitions for ORS 777.005 to 777.725 and 777.915 to 777.953) to 777.725 (Borrowing money to pay bonus) , 777.915 (Definitions for ORS 777.915 to 777.953) to 777.953 (Annexation) and 778.010 (District known as Port of Portland) , a domestic water supply district formed under ORS chapter 264, a water supplier as defined in ORS 448.115 (Definitions for ORS 448.115 to 448.285) or a water authority formed under ORS chapter 450.

(4) Pursuant to the provisions of ORS 540.570 (Temporary transfers within districts) or 540.585 (Temporary transfers within Deschutes River Basin) , any water used under a permit or certificate issued to a district may be applied to beneficial use on lands within the district to which the right is not appurtenant.

(5) The relocation of a point of diversion as necessary to follow the movements of a naturally changing stream channel does not constitute a change in point of diversion for purposes of ORS 540.520 (Application for change of use, place of use or point of diversion) if:

(a) The diversion point stays within 500 feet of the point of diversion on record with the Water Resources Department;

(b) The change does not move the diversion point upstream or downstream beyond the diversion point of another appropriator; and

(c) The diversion is provided with a proper fish screen, if requested by the State Department of Fish and Wildlife.

(6) In the event that government action results in or creates a reasonable expectation of a change in the surface level of a surface water source that impairs or threatens to impair access to a point of diversion authorized by a water right permit, certificate or decree, the owner of the water right may change the point of diversion or add an additional point of diversion in accordance with the provisions of this section in lieu of complying with the requirements of ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) . Before changing the point of diversion, the water right owner shall provide written notice of the proposed change to the Water Resources Department. Within 15 days after receipt of such notice, the department shall provide notice by publication in the department’s public notice of water right applications. Within 60 days after the department receives notice from the owner, the Water Resources Director, by order, shall approve the change unless the director finds the changes will result in injury to other existing water rights. All other terms and conditions of the water right shall remain in effect.

(7) The sale or lease of the right to the use of conserved water under ORS 537.490 (Use of conserved water) does not constitute a change of use or a change in the place of use of water for purposes of ORS 540.520 (Application for change of use, place of use or point of diversion) .

(8) Ground water applied to an exempt use as set forth in ORS 537.141 (Uses of water not requiring water right application, permit or certificate) or 537.545 (Exempt uses) may be subsequently applied to land for irrigation purposes under ORS 537.141 (Uses of water not requiring water right application, permit or certificate) (1)(i) or 537.545 (Exempt uses) (1)(g) without application for a change in use or place of use under this section. [Amended by 1987 c.264 §11; 1989 c.7 §1; 1989 c.707 §3; 1991 c.370 §5; 1991 c.957 §7; 1993 c.577 §36; 1993 c.641 §9; 1995 c.168 §1; 1995 c.274 §2; 1995 c.359 §2; 1997 c.244 §4; 1997 c.286 §10; 1999 c.335 §2; 2003 c.705 §8; 2021 c.633 §1]

Note: Sections 1 and 2, chapter 535, Oregon Laws 2023, provide:

Sec. 1. (1) The holder of water right certificates 21358, 48627 and 89100, which authorize the storage of water for municipal use, may apply to change the authorized point of diversion and place of use, under the process described in ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) , and may change the authorized point of diversion and place of use, under the process described in ORS 540.510 (Appurtenancy of water to premises) (1)(a), without losing priority of the right if:

(a) The water right certificate authorizes the storage of water for municipal use; and

(b) The dam at the authorized point of diversion has been determined by the Water Resources Department to have a high hazard rating, as defined in ORS 540.443 (Definitions for ORS 540.443 to 540.491) , and to be unsafe or potentially unsafe, as defined in ORS 540.443 (Definitions for ORS 540.443 to 540.491) .

(2) After making a change described in subsection (1) of this section, when constructing the resulting new dam and reservoir, the holder of the water right certificate must comply with other applicable state and federal environmental laws. [2023 c.535 §1]

Sec. 2. Section 1 of this 2023 Act:

(1) Applies to applications filed with the Water Resources Department after the effective date of this 2023 Act [July 31, 2023] and before January 1, 2026.

(2) Is repealed on January 2, 2026. [2023 c.535 §2]

Source: Section 540.510 — Appurtenancy of water to premises; restrictions on change of use, place of use or point of diversion; application for transfer of primary and supplemental water rights; right to use conserved water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 555.521 — OR Code / Title 45 / Chapter 555 / Section 555.521
555.521 Finances
Status: in_force

(1) A sand control district shall deposit moneys in accordance with ORS 295.001 (Definitions for ORS 295.001 to 295.108) to 295.108 (State Treasurer rules) and as designated by the district board.

(2) The moneys may be withdrawn or paid out pursuant to an order of the board upon a check signed by the treasurer or by a person authorized to serve as custodian of district funds by a resolution of the board.

(3) The district board shall keep on file receipts or vouchers that show the nature and items covered by each check drawn.

(4) The district board shall:

(a) Cause all proceedings of the board to be entered at large in a record book.

(b) Preserve, and make available for inspection, public records pertaining to the authority and duties of the district, as required by ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [2015 c.560 §4; 2019 c.587 §46]

Source: Section 555.521 — Finances; records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 543.092 — OR Code / Title 45 / Chapter 543 / Section 543.092
543.092 Amendment of hydroelectric water right or claim
Status: in_force

(1) Upon the request of the holder and the approval of the Water Resources Department, a hydroelectric water right or claim may be amended.

(2) The Water Resources Department shall develop rules governing the process by which a hydroelectric water right or claim may be amended. Any amendments under subsection (1) of this section shall:

(a) Be consistent with the final unified state position for the project;

(b) Be consistent with the requirements of ORS chapter 543A;

(c) Cause no injury to other water rights; and

(d) Allow for public participation in the amendment process.

(3) The Water Resources Director may unilaterally amend a power claim or uncertificated claim in order to assess project specific fees under ORS 543.080 (Project specific fees) . [1999 c.873 §11]

Source: Section 543.092 — Amendment of hydroelectric water right or claim; rules; unilateral amendment of power claim or uncertificated claim to assess project specific fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 547.210 — OR Code / Title 45 / Chapter 547 / Section 547.210
547.210 Engineer’s report
Status: in_force

(1) The chief engineer shall make a report in writing to the board of supervisors whenever the board requires. Upon receipt of the final report of the engineer concerning surveys made of the lands contained in the district, and plans for reclaiming the same, the board shall adopt the report or any modification thereof approved by the chief engineer. The adopted report shall be the plan for draining and reclaiming such lands from overflow or damage by water, and shall be known and designated as the “Plan for Reclamation.” The plan shall be filed with the secretary of the board of supervisors and by the secretary copied into the records of the district.

(2) Any lands included in the district, which will not be reclaimed or benefited by the construction of the work as specified in the plan for reclamation, may be excluded from the district by order of the county court. Any charge billed to an owner of land so excluded shall be refunded to the person paying the same. However, any irrigated lands contributing to the wet, swamp or overflowed condition of any lands of the district, the waste or seepage waters from which lands will be carried by and disposed of through the works specified in the plan for reclamation, shall be deemed benefited by the construction of the works as specified in the plan. [Amended by 1991 c.459 §425e]

Source: Section 547.210 — Engineer’s report; adoption by supervisors; report constitutes “Plan for Reclamation”; exclusion of lands not benefited; certain irrigated lands deemed to be benefited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.153 — OR Code / Title 45 / Chapter 545 / Section 545.153
545.153 Statement of result
Status: in_force

(1) The secretary of the board of directors shall, as soon as the result is declared, enter on the records of the board a statement of the result. The statement must show:

(a) The whole number of votes cast in the district and in each division of the district.

(b) The names of the persons voted for.

(c) The office for which each person received votes.

(d) The number of votes given in each division to each person.

(e) The number of votes given for the office of director.

(f) The term of office for which each person received votes.

(2) The board of directors shall declare elected the person having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person a certificate of election, signed by the secretary and authenticated with the seal of the board. No informalities in conducting any election shall invalidate it if the election has been otherwise fairly conducted. [Formerly 545.036; 2001 c.257 §4]

Source: Section 545.153 — Statement of result; contents; certificate of election; effect of informalities in conduct of election , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.670 — OR Code / Title 45 / Chapter 547 / Section 547.670
547.670 Offer by holders of indebtedness to surrender evidences thereof or accept proportional payment
Status: in_force

(1) Before authorizing the issuance of such bonds, the board of supervisors shall require that the known holders, or their representatives, of all evidences of indebtedness to be refunded, shall submit to the board for its acceptance an offer to deliver and surrender all such evidences of indebtedness in exchange for bonds not exceeding the amount of the claim or debt owned by such creditor, or in lieu thereof, to accept in full payment of all such outstanding indebtedness so held by any such creditor a sum of money representing the proportion which the proposed refunding bond issue shall bear to the total outstanding indebtedness proposed to be refunded, compromised, satisfied and discharged, based on the par value of such proposed refunding bonds; the creditors and owners of the indebtedness to agree to absorb the loss between the amount of the outstanding indebtedness to be refunded and the amount of the refunding bonds at par and to receive such refunding bonds in full payment, satisfaction and discharge of the outstanding indebtedness.

(2) The offer shall be in writing and shall, upon being submitted to the board, be irrevocable until such time as the board, under ORS 547.655 (Authority to adopt alternative procedure) to 547.695 (Sale of lands for delinquent charges) , has a reasonable opportunity to issue, sell and deliver such refunding bonds to replace and discharge the outstanding indebtedness on acceptance of the offer; provided, that the offer shall not be revoked while any suit, action or proceeding involving the issuance, sale or delivery of such refunding bonds is in process of determination nor until a reasonable time after the final determination of such suit, action or proceeding.

(3) When authorized by a majority vote of the electors of the district, the exchange may be made on a basis of less than par for the refunding bonds, in which event the board of supervisors shall, in its resolution declaring its intention to sell the refunding bonds, also require the secretary of the board to give notice of the proposed sale by publication thereof for four consecutive weeks in three newspapers within the state, one of which shall be in the county in which the district is situated.

Source: Section 547.670 — Offer by holders of indebtedness to surrender evidences thereof or accept proportional payment; sale of bonds; notice; publication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 538.160 — OR Code / Title 45 / Chapter 538 / Section 538.160
538.160 Hackett Creek
Status: in_force

ORS 538.150 (Hackett Creek, Clackamas County, and tributaries) shall not affect vested water rights or prevent condemnation for public park purposes of lands through which Hackett Creek or its tributaries flow.

Source: Section 538.160 — Hackett Creek; vested rights not affected; condemnation of land for park not prevented , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 541.110 — OR Code / Title 45 / Chapter 541 / Section 541.110
541.110 Use of water to develop mineral resources and furnish power
Status: in_force

The use of the water of the lakes and running streams of Oregon for the purpose of developing the mineral resources of the state and to furnish electric power for all purposes, is declared to be a public and beneficial use and a public necessity. Subject to the provisions of the Water Rights Act (as defined in ORS 537.010 (Definition of “Water Rights Act.”) ), the right to divert unappropriated waters of any such lakes or streams for such public and beneficial use is granted.

Source: Section 541.110 — Use of water to develop mineral resources and furnish power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.060 — OR Code / Title 45 / Chapter 540 / Section 540.060
540.060 Arrest by watermaster
Status: in_force

The watermaster or an assistant appointed by the watermaster shall have power to arrest any person violating a provision of the Water Rights Act (as defined in ORS 537.010 (Definition of “Water Rights Act.”) ), ORS 537.120 (Right of appropriation) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits) or 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) and turn the person over to the sheriff or other competent police officer within the county. At the time the watermaster delivers the arrested person into the custody of the sheriff, the watermaster or assistant watermaster making the arrest shall file a complaint, as defined in ORS 131.005 (General definitions) , against the person arrested. [Amended by 1957 c.341 §11; 1985 c.421 §7]

Source: Section 540.060 — Arrest by watermaster; complaint against offender , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.747 — OR Code / Title 45 / Chapter 537 / Section 537.747
537.747 Water well constructor’s license
Status: in_force

(1) No person shall advertise services to construct, alter, abandon or convert wells, offer to enter or enter into a contract with another person or public agency to construct, alter, abandon or convert a well for such other person, cause any well construction, alteration, abandonment or conversion to be performed under such a contract or operate well drilling machinery without possessing a water well constructor’s license therefor in good standing issued by the Water Resources Department. The department shall adopt a single water well constructor’s license that may specify the type of well, type of well alteration or construction or type of well drilling machine operation for which the water well constructor is qualified.

(2) Notwithstanding subsection (1) of this section, a person may operate a well drilling machine without a water well constructor’s license if supervised by one who possesses such a license.

(3) A person shall be qualified to receive a water well constructor’s license if the person:

(a) Is at least 18 years of age.

(b) Has passed a written examination conducted by the department to determine fitness to operate as a water well constructor.

(c) Has paid a license fee and an examination fee according to the fee schedule set forth under subsection (6) of this section.

(d) Has one year or more experience in the operation of well drilling machinery.

(e) Provides evidence that the person has completed an arc welding training course from a community college, received a professional welding certification, passed a welding proficiency test or otherwise completed professional welding training, if the evidence is required under rules adopted by the Water Resources Commission that are based on the type of well for which the water well constructor is qualified.

(4) Upon fulfillment of all the requirements set out in subsection (3) of this section, the department shall issue the applicant a water well constructor’s license in a form prescribed by the department. The license may be issued for a period of two years.

(5) A water well constructor’s license shall expire on June 30 or on such date as may be specified by department rule. A person may renew a license by submitting an application and the appropriate fees any time before the license expires but not later than one year after the license expires. A person who renews a license within the 12 months after the license expires may either pay a penalty fee set forth under subsection (6)(d) of this section or requalify for a water well constructor’s license in accordance with subsection (3) of this section. If a person fails to renew a license within 12 months after expiration, the person must comply with the requirements of subsection (3) of this section for a new water well constructor’s license.

(6) The department shall collect in advance the following fees:

(a) An examination fee of $20.

(b) A license fee of $150.

(c) A renewal fee of $150, if the license is renewed on or before the expiration date.

(d) Unless a person requalifies for a water well constructor’s license in accordance with subsection (3) of this section, a water well constructor shall pay a renewal fee of $250 if an expired license is renewed on or before 12 months after the expiration date.

(e) If a person requalifies for a water well constructor’s license under subsection (3) of this section, the person shall pay the renewal fee established under paragraph (c) of this subsection.

(7) The department may revoke, suspend or refuse to renew any water well constructor’s license when it appears to the satisfaction of the department, after notice and opportunity to be heard by the licensee, that the licensee has failed to comply with the provisions of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) applicable to such licensee or any order or rule adopted thereunder applicable to such licensee, or has made a material misrepresentation or material misstatement of fact on an application for a license or well log or established a pattern of conduct that willfully or negligently violates any provision of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , or any rule adopted pursuant thereto, applicable to such licensee.

(8) The requirement in subsection (3)(d) of this section does not apply to any person who, on July 1, 1981, holds the license required by this section and who continues thereafter to maintain the license in good standing.

(9) The requirement in subsection (3)(e) of this section does not apply to any person who, on July 1, 2023, holds the license required by this section and who continues thereafter to maintain the license in good standing.

(10) If the department observes a welding deficiency on a well, the department may order the licensee who welded the well to, within a reasonable time, complete an arc welding training course from a community college, acquire a professional welding certification, pass a welding proficiency test or otherwise complete professional welding training.

(11) The fees collected under subsection (6) of this section shall be paid into the Water Resources Department Water Right Operating Fund. Such moneys are continuously appropriated to the Water Resources Department to pay the department’s expenses in administering and enforcing the water well constructor’s licensing program. [1961 c.334 §2; 1971 c.591 §1; 1973 c.827 §58; 1981 c.416 §2; 1985 c.615 §2; 1985 c.673 §66; 1987 c.109 §1; 1989 c.758 §2; 1999 c.293 §2; 2001 c.496 §§5,8; 2003 c.594 §§9,10; 2007 c.221 §1; 2007 c.768 §§11,12; 2021 c.610 §6; 2023 c.542 §1]

Source: Section 537.747 — Water well constructor’s license; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.040 — OR Code / Title 45 / Chapter 537 / Section 537.040
537.040 Registration of water for road construction, maintenance or reconstruction
Status: in_force

(1) In lieu of applying for a permit for a water right under ORS 537.130 (Permit to appropriate water required) , a public agency having jurisdiction over roads or highways may register a water use for road and highway maintenance, construction and reconstruction purposes.

(2) A public agency applying to register a water use under subsection (1) of this section shall:

(a) Submit a completed application to register the water use;

(b) Pay a fee of $300 to be deposited in the Water Resources Department Water Right Operating Fund;

(c) Provide a map indicating the general locations of points of diversion;

(d) Identify the sources of surface water or ground water to be used;

(e) Specify the maximum amount of water to be used during a calendar year and during any 24-hour period; and

(f) If the public agency is withdrawing water from a conveyance or storage facility that is a perfected or certificated water right:

(A) Identify the permit or certificate number of the conveyance or storage right; and

(B) Provide written authorization from the owner of the perfected or certificated water right that allows the public agency to use water from the conveyance or storage facility.

(3) A use of water registered under subsection (1) of this section shall continue until the public agency voluntarily withdraws the registration. However, the public agency shall submit an annual renewal statement accompanied by an annual fee of $50 to be deposited in the Water Resources Department Water Right Operating Fund. The annual renewal statement shall specify any change in the map, the sources of water to be used or maximum amount of water to be used.

(4) The use of water registered under subsection (1) of this section:

(a) Shall not have priority over any water right exercised under a permit, water right certificate, certificate of registration, order of the Water Resources Commission or the Water Resources Director and related court decrees;

(b) Shall be subordinate to all other future permitted or certificated rights; and

(c) Shall not exceed 50,000 gallons from a single source during any 24-hour period.

(5) The commission may require a public agency to cease withdrawal or diversion of water at any time the director has reason to believe the registered use is causing a significant adverse impact upon:

(a) The affected watershed;

(b) Any other water user entitled to use water under a permit issued under ORS 537.211 (Issuance of permit if application approved) or 537.625 (Final order) or a certificate issued under ORS 537.250 (Water right certificate) , 537.630 (Time allowed for construction work under permit) or 539.140 (Water right certificates) ; or

(c) An in-stream water right established under ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits) .

(6) The commission may adopt rules to implement this section. The commission shall not require the map to be prepared by a water right examiner certified under ORS 537.798 (Water right examiner certificate) .

(7) As used in this section, “public agency” means the State of Oregon, any agency of the State of Oregon, a county, a special road district of a county, a city, town, incorporated municipality and any federal agency that has jurisdiction over a roadway in this state. [1993 c.705 §2; 1995 c.416 §44; 1999 c.664 §5; 2003 c.594 §7]

Source: Section 537.040 — Registration of water for road construction, maintenance or reconstruction; fee; annual renewal statement; limitations; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.760 — OR Code / Title 45 / Chapter 541 / Section 541.760
541.760 Reduction of loan amount when secondary use funding available
Status: in_force

If a water development project has any secondary use, and if the water developer receives from any source other than the Water Development Fund any funds to assist in the construction, operation or maintenance of such secondary use, the amount of the loan to the water developer from the Water Development Fund shall be limited to that amount necessary for the construction of those portions of the project not funded by other sources. [1977 c.246 §15]

Source: Section 541.760 — Reduction of loan amount when secondary use funding available , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 547.570 — OR Code / Title 45 / Chapter 547 / Section 547.570
547.570 Bond proceeds
Status: in_force

(1) The treasurer shall account for and pay over as required by law and as ordered by the board, any money received by the treasurer on the sale of the bonds.

(2) If the board deems it more expedient, the board may, by resolution, select some suitable bank or other depository as temporary treasurer to receive the money derived from the sale of bonds, and to hold and disburse the moneys on the orders of the board as the work progresses, until the fund is exhausted or transferred to the treasurer by order of the board of supervisors. [Amended by 1969 c.345 §15]

Source: Section 547.570 — Bond proceeds; depository , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 549.020 — OR Code / Title 45 / Chapter 549 / Section 549.020
549.020 Contracts between counties and federal agencies
Status: in_force

Any county may make contracts with any federal agency containing such terms, provisions and conditions as, in the discretion of the board of commissioners, may be necessary, proper or advisable for the purpose of meeting the conditions necessary in the construction of flood control projects as provided in any federal flood control Acts wherein the federal government is entirely financing such projects.

Source: Section 549.020 — Contracts between counties and federal agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 537.405 — OR Code / Title 45 / Chapter 537 / Section 537.405
537.405 Exempt reservoirs
Status: in_force

(1) Reservoirs in existence on or before January 1, 1995, that store less than 9.2 acre-feet of water or with a dam or impoundment structure less than 10 feet in height, are found to be a beneficial use of the water resources of this state. Except as provided in subsection (4) of this section, such reservoirs are exempt from regulation by the Water Resources Commission and the Water Resources Department and are not required to obtain a permit or certificate under ORS 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit) .

(2) Intentionally left blank —Ed.

(a) On or before January 31, 1997, an owner of a reservoir constructed before January 1, 1995, shall provide written notification to the department of the existence of the exempt reservoir. The written notification shall include the quantity of water stored by the reservoir, the source of the water used to fill the reservoir and a map or drawing of sufficient quality and scale to establish the general location of the reservoir by tax lot, township, range and section and to the nearest quarter-quarter section.

(b) Any person who submitted a notice of exemption for a reservoir under ORS 537.141 (Uses of water not requiring water right application, permit or certificate) and qualified for the exemption shall be allowed an exemption.

(3) Within 90 days after receiving written notification under subsection (2) of this section, the department shall provide notice of the exemption in the manner the department determines to be the most appropriate.

(4) Detailed, legally obtained information demonstrating that a specific reservoir exempt under subsection (1) of this section should not be exempt shall be submitted in writing to the department on or before August 1, 1997:

(a) By the State Department of Fish and Wildlife if the reservoir should not be exempt because the existing reservoir, including any impoundment structure, poses a significant detrimental impact to existing fishery resources; or

(b) By any person if the existing reservoir should not be exempt because the existing reservoir, including the storage or use of the water, results in injury to an existing water right.

(5) Within 180 days after the department receives information under subsection (4) of this section, the Water Resources Director shall determine whether the reservoir results in injury to an existing water right or poses a significant detrimental impact to existing fishery resources. The determination of injury to an existing water right or impact to existing fishery resources shall be based on verifiable evidence.

(6) If the director determines that an existing reservoir does not injure an existing water right or pose a significant detrimental impact to existing fishery resources, the reservoir shall be exempt under subsection (1) of this section.

(7) If the director determines that an existing reservoir results in injury to an existing water right or poses a significant detrimental impact to existing fishery resources, the director shall require the owner of the reservoir to take appropriate action to mitigate injury to existing water rights or impact to the existing fishery resources.

(8) If the director fails to act under subsection (6) or (7) of this section within 180 days after receiving the information under subsection (4) of this section, the reservoir shall be considered exempt.

(9) Nothing in this section shall be construed to allow any owner of a reservoir exempt under this section to increase the quantity of water stored in or diverted from such reservoir on or before January 1, 1995. [1995 c.752 §2]

Source: Section 537.405 — Exempt reservoirs; written notification to department; injury to other users , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.577 — OR Code / Title 45 / Chapter 545 / Section 545.577
545.577 Notice of proceedings
Status: in_force

(1) All persons interested in any lands within the district shall be charged with notice of all proceedings at the hearing and proceedings subsequent to the hearing. Any person or landowner aggrieved by the action of the board of directors may within 30 days from the entry of the resolution appeal to the circuit court of the county in which the lands of the district are situated. If the district is situated in two or more counties and an appeal is taken to the circuit court of each county, then all appeals shall be consolidated in one action. If the counties are situated in more than one judicial district, the presiding judge of the Court of Appeals shall determine the judicial district in which the appeal shall be tried. The appeals shall be taken by giving a notice in writing and leaving a true copy of the notice with the secretary of the irrigation district.

(2) Upon the expiration of the time for service and filing of notices of appeal to the circuit court, if no appeal is taken from the resolution of the board, the resolution becomes final. If an appeal is taken, the circuit judge of the county in which the appeal is to be heard shall make an order directing the trial court administrator to have published once a week for four consecutive weeks in each county in which the lands in the district are situated, a notice and summons reading substantially as follows:

In the Circuit Court of_____ )

County, State of Oregon )

In the matter of Bonds and ) Notice

Assessments of______ )

Irrigation District. )

All persons owning or claiming to own any lands within the above named irrigation district are notified that appeal has been made to the above entitled court from the resolution made and entered by the board of directors of the irrigation district on the ___ day of______, 2___, in which an assessment was made against certain lands in the district and described in the resolution together with a determination of the benefits accruing to the lands, and that bonds may be issued in the sum of ___ by the district. All persons owning lands within the district affected by the assessment or bonds are required to appear before this court on or before the ___ day of______, 2___, and show cause, if any, why the assessment or determination of benefits should not be approved and the bonds not issued.

____________

Trial Court Administrator

for ______ County.

(3) The date required for appearance in the cause shall be a date to be fixed by the court, adjudged reasonable, and not less than 30 days from the date of the first publication of the notice. The proceeding shall be a proceeding in rem. All persons owning or claiming any interest in lands in the irrigation district shall appear and show cause why the assessment or determination of benefits should not be ratified and approved, and shall be bound by all subsequent judgments and orders made in the cause, without further notice. [Formerly 545.254; 1997 c.801 §130; 2003 c.576 §500]

Source: Section 545.577 — Notice of proceedings; appeal to circuit court; notice and summons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.479 — OR Code / Title 45 / Chapter 545 / Section 545.479
545.479 Provisions not exclusive nor operative to relieve district of duty respecting obligations
Status: in_force

ORS 545.473 (Districts providing for collection of charges by board secretary) , 545.475 (Lands subject to assessment) and 545.477 (Collection of charges) are not exclusive and do not relieve any irrigation district from the duty of levying sufficient sums for the payment of all outstanding obligations as otherwise provided by law. [Formerly 545.548]

Source: Section 545.479 — Provisions not exclusive nor operative to relieve district of duty respecting obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 548.410 — OR Code / Title 45 / Chapter 548 / Section 548.410
548.410 Surrender of securities to claimant to whom certificate or receipt has not been issued or assigned
Status: in_force

Whenever one in possession of a certificate of deposit or receipt issued by the county treasurer as evidence of the deposit of securities issued by an irrigation or drainage district, who is neither the one to whom such certificate of deposit or receipt was issued nor one to whom it has been properly assigned, but who claims to be the owner of such certificate of deposit or receipt, shall satisfy the county treasurer that the claimant is entitled to receive securities evidenced by such certificate or receipt, or receive moneys or other securities deposited with the county treasurer in refunding the securities evidenced by such certificate or receipt, the county treasurer may surrender such securities or pay such moneys or deliver such other securities so deposited with the county treasurer to the claimant upon surrendering the certificate of deposit or receipt and filing a bond as provided in ORS 548.415 (Surety bond) . [Amended by 1989 c.182 §41]

Source: Section 548.410 — Surrender of securities to claimant to whom certificate or receipt has not been issued or assigned , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 541.900 — OR Code / Title 45 / Chapter 541 / Section 541.900
541.900 Oregon Watershed Enhancement Board
Status: in_force

(1) The Oregon Watershed Enhancement Board is created. The board shall consist of 18 members as set forth in subsection (2) of this section. The chairperson shall have such powers and duties as are provided by the rules of the board.

(2) Intentionally left blank —Ed.

(a) The 11 voting members of the board shall be knowledgeable about natural resource issues, represent all geographic regions of this state and include at least one representative of a tribe. The board shall consist of the following:

(A) Each of the following boards or commissions shall designate one member of their board or commission to serve on the Oregon Watershed Enhancement Board:

(i) The Environmental Quality Commission;

(ii) The State Fish and Wildlife Commission;

(iii) The State Board of Forestry;

(iv) The State Board of Agriculture; and

(v) The Water Resources Commission; and

(B) Six public members appointed by the Governor and confirmed by the Senate in accordance with ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) . Each public member shall serve for a term of four years. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms.

(b) In addition to the voting members, the director of the Oregon State University Extension Service, or the director’s designee, shall serve as a nonvoting member of the board and shall participate as needed in the activities of the board.

(c) In addition to the voting and nonvoting members designated in paragraphs (a) and (b) of this subsection, representatives of the following federal agencies shall be invited to serve as additional nonvoting members of the board:

(A) A representative of the United States Forest Service.

(B) A representative of the United States Bureau of Land Management.

(C) A representative of the Natural Resources Conservation Service of the United States Department of Agriculture.

(D) A representative of the United States Environmental Protection Agency.

(E) A representative of the National Marine Fisheries Service of the United States Department of Commerce.

(F) A representative of the United States Fish and Wildlife Service.

(3) The voting members of the board shall select a chairperson from among the voting members of the board.

(4) At least eight voting members of the board must be present to take action to award grant funds under ORS 541.926 (Duties of board) . If three or more voting members object to an award of grant funds, the board shall reject the proposal. The board shall allow an applicant to revise a rejected proposal to comply with the requirements of ORS 541.947 (Watershed Conservation Grant Fund) , 541.956 (Watershed Conservation Grant Fund purposes) and 541.958 (Criteria for project receiving moneys from Watershed Conservation Grant Fund) and resubmit the proposal. [Formerly 541.360; 2017 c.14 §3]

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

Source: Section 541.900 — Oregon Watershed Enhancement Board; officers; qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.995 — OR Code / Title 45 / Chapter 540 / Section 540.995
540.995 Civil penalties
Status: in_force

(1) The Water Resources Director may impose a civil penalty of not more than $2,000 per occurrence for a violation of ORS 540.449 (Construction plan approval) , 540.452 (Removal plan approval) or 540.482 (Emergency action plan for dam with high hazard rating) .

(2) The Water Resources Director may impose a civil penalty, not to exceed $500, by order as provided under ORS 540.467 (Owner action to address maintenance issues) . If a violation of an order under ORS 540.467 (Owner action to address maintenance issues) is a continuing condition, each month that the condition continues is a separate violation subject to imposition of a civil penalty.

(3) Moneys recovered from civil penalties imposed under this section shall be deposited in the State Treasury and credited to an account of the Water Resources Department. Moneys described in this section are continuously appropriated to the department for the administration and enforcement of ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) . [2019 c.390 §19]

Source: Section 540.995 — Civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 541.520 — OR Code / Title 45 / Chapter 541 / Section 541.520
541.520 Procedure when owner or operator of structure fails to request hearing
Status: in_force

If, within 15 days after the mailing of the notice provided for in ORS 541.515 (Notice by commission when hazard created by release of stored water) , the owner or operator of the impoundment or diversion structure fails to request in writing that the Water Resources Commission hold a hearing, the commission shall make and file in the Water Resources Department an order stating the terms, limitations and conditions relating to the release of water from the structure necessary to minimize unreasonable hazard to human life or property as set forth in the notice. The order shall become effective upon filing a copy in the Water Resources Department. The commission shall cause a copy of the order to be mailed to the owner or operator of the structure. The order is not subject to appeal. [1961 c.379 §2; 1985 c.673 §106]

Source: Section 541.520 — Procedure when owner or operator of structure fails to request hearing; order regulating release of water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 548.350 — OR Code / Title 45 / Chapter 548 / Section 548.350
548.350 Hearing
Status: in_force

(1) After the expiration of 90 days from the date of the first publication of the notice and the service and mailing thereof, as set forth in ORS 548.345 (Notice) , the district shall file in the proceeding in the circuit court its verified return of its acts made under the order of the court, attaching affidavits of the publication of the notice in three newspapers, and proof of service of the notice upon the holders of the evidences of indebtedness whose names and places of residence are known to the district and who reside within the state, and of the mailing thereof to such known holders residing without the state.

(2) Thereupon the court shall hear the cause and shall enter a judgment providing that all the holders of the evidences of indebtedness to be refunded and compromised by the plan or proceeding of the district, who within 90 days after the date of the first publication of the notice and the serving and mailing thereof did not file in the court their written dissent and objections to the proceedings, have consented that their evidences of indebtedness be refunded and compromised under the proposed plan.

(3) In the judgment the court shall direct the officers of the district to deposit with the county treasurer of the county in which the district is headquartered, as trustee for the persons entitled thereto, the cash or refunding bonds which under the plan of refunding and compromise belong to the holders of the evidences of indebtedness whose consent was so obtained by the court proceedings. The judgment shall further provide that upon the payment of said money or bonds to the county treasurer as trustee, the evidences of indebtedness so held by the holders shall be deemed paid and no longer shall be an obligation of the district; and that upon the surrender to the county treasurer of the evidences of indebtedness, together with any unpaid interest coupons belonging to the same, the county treasurer shall pay on demand to the holders the money or bonds so deposited with the county treasurer as trustee, and shall mark the evidences of indebtedness canceled and deliver them to the district. All holders of the evidences of indebtedness to be refunded and compromised shall be deemed to have notice of all steps and proceedings had. [Amended by 1989 c.182 §35; 2003 c.576 §515]

Source: Section 548.350 — Hearing; judgment; county treasurer as trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 545.287 — OR Code / Title 45 / Chapter 545 / Section 545.287
545.287 Directors may construct or maintain improvements, levy assessments or provide for charges
Status: in_force

(1) This section applies:

(a) When a parcel of land lying within an irrigation district is subdivided or partitioned into tracts, and the owner has made no provision which in the opinion of the board of directors is adequate for the proper distribution of water to the tracts; or

(b) When improvements for the distribution or delivery of water to any tract of land are not owned by the district and the owner or person in control of the improvement fails to maintain, repair or replace the improvement as required for the proper and efficient distribution or delivery of water to any tract.

(2) When the interest or convenience of such tracts requires the construction, repair or maintenance of any ditch, flume, dike, aqueduct or other improvement, the board may construct, repair or maintain the improvement. In order to defray the whole or any portion of the cost and expense of the improvement, the board may levy and collect an assessment upon all tracts specially benefited by the improvement or provide for a charge against the landowner of any tract specially benefited by the improvement. The board may determine what lands are specially benefited by the construction, repair or maintenance, and the amount to which each tract is benefited. [Formerly 545.408; 1999 c.452 §23]

Source: Section 545.287 — Directors may construct or maintain improvements, levy assessments or provide for charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.667 — OR Code / Title 45 / Chapter 545 / Section 545.667
545.667 State Treasurer as depository
Status: in_force

The State Treasurer may act as depository for any purposes under ORS 545.643 (Contract providing plan of liquidation) to 545.667 (State Treasurer as depository) . All warrants, bonds or other evidences of indebtedness may be deposited with the State Treasurer for safekeeping. [Formerly 545.332]

Source: Section 545.667 — State Treasurer as depository , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.210 — OR Code / Title 45 / Chapter 553 / Section 553.210
553.210 Election of directors
Status: in_force

(1) The electors of a district shall elect a board of directors whose number shall be fixed at five, seven or nine by the county court during formation proceedings. Directors shall be owners of land within the district and subject to the current charges and assessments of the district. The directors need not reside within the district.

(2) Each director shall be elected for a term of four years, commencing July 1, except the directors elected at the first election immediately following 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 on 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 of directors or 10 or more landowners may petition the county court to change the number of directors on the board of directors. If the court 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 the provisions of this section so that the number remaining on the 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. [Amended by 1961 c.186 §5; 1965 c.623 §6; 1969 c.669 §15; 1969 c.691 §§4,18; 1971 c.647 §120; 1971 c.727 §171; 1971 c.727 §198; 1973 c.796 §70; 1975 c.647 §46; 1983 c.350 §308; 2001 c.264 §1]

Source: Section 553.210 — Election of directors; qualifications; terms; vacancies; change in number of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.239 — OR Code / Title 45 / Chapter 545 / Section 545.239
545.239 Right to enter upon and acquire lands and water rights
Status: in_force

(1) The board of directors and its agents and employees have the right to enter upon any land in the manner provided by ORS 35.220 (Precondemnation entry on real property) to make surveys and may locate the necessary irrigation or drainage works and the line for any canals and the necessary branches for the works or canals on any lands that may be considered best for such location. The board also has the right to acquire, by lease, purchase, condemnation or other legal means, all lands, water, water rights, rights of way, easements and other property, including canals and works and the whole of irrigation systems or projects constructed or being constructed by private owners, necessary for the construction, use, supply, maintenance, repair and improvement of any canals and works proposed to be constructed by the board. The board also has the right to so acquire lands, and all necessary appurtenances, for reservoirs, and the right to store water in constructed reservoirs, for the storage of needful waters, or for any other purpose reasonably necessary for the purposes of the district.

(2) In the acquisition of property under subsection (1) of this section, the district has the right to acquire by condemnation property already devoted to public use that is less necessary than the use for which it is required by the district, whether used for irrigation or any other purpose, and any other properties owned by the state or any of its departments or commissions. 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. [Formerly 545.082; 2003 c.477 §7]

Source: Section 545.239 — Right to enter upon and acquire lands and water rights; right of condemnation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.569 — OR Code / Title 45 / Chapter 545 / Section 545.569
545.569 Amounts paid to owners for property or rights
Status: in_force

In fixing the proportionate part of the cost of reclamation that each owner of land shall pay, the amount to be paid to any owner for easements, rights of way, water rights or other property or rights required by the district shall be shown in a separate column and deducted from the amount that the owner would otherwise be required to pay. Assessments for the payment of the cost of reclamation and interest thereon shall be made accordingly. [Formerly 545.246]

Source: Section 545.569 — Amounts paid to owners for property or rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 553.540 — OR Code / Title 45 / Chapter 553 / Section 553.540
553.540 Assessments to be levied by order of board
Status: in_force

(1) All assessments shall be levied by an order of the board. The order shall state the description of the land assessed, the name of the owner of the land as such name appears on the records of the district, or the records of the county assessor, the type and kind of assessment, the amount of the assessment due, and the due date. It shall not be necessary to issue a separate order for each tract of land in a subdistrict, and any number of tracts in the same subdistrict and the same county may be included in one order. A copy of the order levying an assessment, certified and acknowledged by the secretary of the district, shall be filed with the county clerk of the county in which the land is located. Upon being filed, the assessment shall constitute a lien against the land assessed, prior in time to any other liens, rights or interests in the tracts of land described except liens for taxes levied by the state or county.

(2) Notice of all assessments levied by a district shall be given to the landowner by mail and shall be payable on the 30th day after such notice is mailed. All assessments paid after the due date shall be charged interest at the rate of not more than 12 percent per annum. All assessments shall be paid to the secretary-treasurer of the district and a receipt shall be issued therefor. From time to time the board shall order the satisfaction of the liens against lands on which assessments have been paid, and a copy of such order shall be filed with the county clerk of the county in which the lands are located. [Amended by 1961 c.186 §9; 1981 c.122 §1]

Source: Section 553.540 — Assessments to be levied by order of board; filing copy thereof; notice; lien; time for payment; interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 552.143 — OR Code / Title 45 / Chapter 552 / Section 552.143
552.143 Proceedings to test validity of order or act of district board
Status: in_force

(1) In addition to the proceeding a district is authorized to bring under ORS 33.710 (Definitions) and 33.720 (Proceeding in rem) , any landowner or elector of a district may bring a like proceeding in the circuit court of the county where the lands within the district, or the greater portion thereof, are situated, to determine the validity of any order or the performance of any act mentioned in ORS 33.710 (Definitions) , for which a contest is by that section provided. In such a proceeding the district board 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 33.720 (Proceeding in rem) . Jurisdiction shall be complete within 10 days after the date of completing publication of notice.

(3) The proceeding shall be tried and determined in the same manner as proceedings brought by the district. [1969 c.606 §9]

Source: Section 552.143 — Proceedings to test validity of order or act of district board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 541.656 — OR Code / Title 45 / Chapter 541 / Section 541.656
541.656 Water Supply Development Account
Status: in_force

(1) The Water Supply Development Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Supply Development Account shall be credited to the account. Moneys in the account are continuously appropriated to the Water Resources Department for use in carrying out ORS 541.651 (Definitions for ORS 541.651 to 541.696) to 541.696 (Standards for security of loans from account) .

(2) The department may expend moneys from the account for:

(a) Subject to subsection (4) of this section, making loans and grants to evaluate, plan and develop in-stream and out-of-stream water development projects approved by the Water Resources Commission, including but not limited to projects that:

(A) Repair or replace infrastructure to increase the efficiency of water use;

(B) Provide new or expanded water storage;

(C) Improve or alter operations of existing water storage facilities in connection with newly developed water;

(D) Create new, expanded, improved or altered water distribution, conveyance or delivery systems in connection with newly developed water;

(E) Allocate federally stored water;

(F) Promote water reuse;

(G) Promote water conservation;

(H) Provide streamflow protection or restoration;

(I) Provide for water management or measurement in connection with newly developed water; and

(J) Determine seasonally varying flows in connection with newly developed water.

(b) Paying the necessary administrative and technical costs of the department in carrying out ORS 541.651 (Definitions for ORS 541.651 to 541.696) to 541.696 (Standards for security of loans from account) .

(3) Intentionally left blank —Ed.

(a) In addition to any other permissible uses of moneys in the account, the department may expend moneys from the account to support:

(A) Ongoing studies conducted by the United States Army Corps of Engineers to allocate stored water; and

(B) Comprehensive basin studies conducted by the United States Bureau of Reclamation.

(b) Expenditures described in this subsection are not subject to any grant or loan procedures, public benefit scoring or ranking or other requirements or restrictions for grants or loans established under ORS 541.651 (Definitions for ORS 541.651 to 541.696) to 541.696 (Standards for security of loans from account) .

(4) The department may expend account moneys under subsection (2) of this section for loans and grants to develop in-stream and out-of-stream water development projects only if the department determines under ORS 540.530 (Order authorizing change of use, place of use or point of diversion) that any transfer of water rights for the project will not injure existing water rights. [2013 c.784 §3]

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

Source: Section 541.656 — Water Supply Development Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 553.720 — OR Code / Title 45 / Chapter 553 / Section 553.720
553.720 Manner of collecting tax
Status: in_force

The ad valorem tax provided for in ORS 553.710 (Intergovernmental agreements) shall be levied and collected in the manner otherwise provided by law for the levy and collection of property taxes. The board shall prepare a budget in the form, manner and time prescribed in ORS 294.305 (Sections constituting Local Budget Law) to 294.565 (Failure to file copy of required budget, reports or other documents) (the Local Budget Law), for each subdistrict for which taxes are to be levied and assessed, and in accordance therewith shall fix the amount of money to be raised by taxation for each subdistrict. Thereafter the levy shall be equalized and the tax collected and turned over to the district as otherwise provided by law for public corporations. [Amended by 2017 c.26 §10]

Source: Section 553.720 — Manner of collecting tax; budget; equalizing levy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 547.045 — OR Code / Title 45 / Chapter 547 / Section 547.045
547.045 Public lands within district
Status: in_force

(1) Whenever any diking or drainage district is sought to be created and organized or is created and organized in the manner provided by law, within the boundaries of which are located any lands belonging to the state that have been acquired or used by or for any state institution described in ORS 179.321 (Responsibility to supervise state institutions) or used for the Eastern Oregon State Training Center, the Director of Human Services, the Department of Corrections or the Director of the Oregon Health Authority may sign any petition or objections thereto for the organization of such district and exercise on behalf of the state with respect to the district and the land therein belonging to the state, all the rights and privileges of a landowner within the district.

(2) Whenever any such district or proposed district includes any lands belonging to any public body as defined in ORS 174.109 (“Public body” defined) , the presiding officer of such public body, a member of the governing body of such public body or a designee of the governing body, when designated in a resolution of the governing body, may sign such petition or objection on behalf of the public body, and exercise with respect to the district and the land therein belonging to the public body all the rights and privileges of a landowner in the district, including the right to be a supervisor of the district.

(3) Lands belonging to a public body as defined in ORS 174.109 (“Public body” defined) shall be subject to the same burdens and liabilities and entitled to the same benefits as lands in the district belonging to private individuals. The Department of Human Services, the Department of Corrections or the Oregon Health Authority may pay from any appropriations made for the operation and maintenance of any institution, the lands of which have been included in any diking or drainage district, any charges billed to the departments or the authority on any assessments levied against such lands by the diking or drainage district. [Amended by 1959 c.380 §1; 1969 c.597 §61; 1989 c.171 §72; 1991 c.459 §425a; 2003 c.802 §134; 2009 c.595 §988; 2013 c.36 §69; 2013 c.46 §1]

Source: Section 547.045 — Public lands within district; authority to sign petition or objections; liability of lands; assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 558.410 — OR Code / Title 45 / Chapter 558 / Section 558.410
558.410 Board meetings
Status: in_force

(1) The commissioners shall hold meetings at such time and place within the district as they may determine upon. Such meetings must be open to the public. They shall hold at least one regular meeting in each month on a day to be fixed by them, and may hold special meetings under such rules as they may make.

(2) The commissioners shall, at the time of their organization, choose from their number a chairperson, a secretary and a treasurer, who shall hold their offices until the first regular meeting in July, or until their successors are elected and qualified. These officers shall have, respectively, the powers and shall perform the duties usual in such cases and shall be known as the president, secretary and treasurer of the district. A majority shall constitute a quorum to do business and, in the absence of the chairperson, any other member may preside at any meeting.

(3) The commissioners may employ such engineers, superintendents, mechanics, clerks or other persons as they may find requisite, necessary or convenient in carrying on any work of the district and at such rate of remuneration as they may deem just.

(4) The commissioners may provide life insurance and retirement or pension plans for employees of a weather modification district, provided the insurer issuing such policy is licensed to do business in the State of Oregon. [1969 c.698 §31; 1971 c.23 §11; 1971 c.403 §13; 1973 c.796 §72]

Source: Section 558.410 — Board meetings; officers; quorum; employing assistance; employee benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 540.130 — OR Code / Title 45 / Chapter 540 / Section 540.130
540.130 Advance payment
Status: in_force

If no provision has been made for payment of the assistant watermaster or expenses as provided in ORS 540.080 (Assistant watermasters) , before proceeding to make any distribution or division the Water Resources Director may require the water users requesting the distribution or division to pay in advance the estimated compensation and expenses involved in the work. The director shall keep a true and full account of all moneys paid in advance under this section. Upon the expiration of the period for which the services are required, the director shall refund to the water users any unexpended balance of the moneys paid in advance. [Amended by 1957 c.546 §6; 1961 c.636 §5; 1979 c.18 §3; 1985 c.421 §11]

Source: Section 540.130 — Advance payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 536.720 — OR Code / Title 45 / Chapter 536 / Section 536.720
536.720 Declaration of state authority
Status: in_force

(1) Because municipal and other political subdivision boundaries do not conform with the geographic boundaries of the 18 major drainage basins, or associated subbasins in the state, and because problems caused by a severe continuing drought may exceed local ability to control, the Legislative Assembly declares that water resource conservation in time of severe, continuing drought requires the exercise of state authority.

(2) Intentionally left blank —Ed.

(a) After a declaration that a severe, continuing drought exists, or is likely to exist, the Governor may order individual state agencies and political subdivisions within any drainage basin or subbasin to implement, within a time certain following the declaration, a water conservation or curtailment plan or both, approved under ORS 536.780 (Water conservation or curtailment plan) .

(b) Each state agency and political subdivision ordered to implement a water conservation or curtailment plan shall file with the Water Resources Commission such periodic reports regarding implementation of the plans as the commission or the Governor may require.

(3) Orders provided for in subsection (2) of this section and curtailments, adjustments, allocations and regulations ordered pursuant thereto shall be designed insofar as practicable not to discriminate within any class of consumers.

(4) It is the intent of the Legislative Assembly that curtailments, adjustments, allocations and regulations ordered pursuant to subsection (2) of this section be continued only so long as a declaration by the Governor of the existence of severe, continuing drought is in effect.

(5) The Governor may direct individual state agencies and political subdivisions of this state to seek enforcement of all orders and regulations issued pursuant to ORS 536.780 (Water conservation or curtailment plan) and subsection (2) of this section. [1977 c.541 §2; 1985 c.673 §20; 1989 c.87 §7]

Source: Section 536.720 — Declaration of state authority; Governor’s power to order water conservation or curtailment plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 537.763 — OR Code / Title 45 / Chapter 537 / Section 537.763
537.763 Water Resources Department Operating Fund
Status: in_force

(1) There is established in the State Treasury the Water Resources Department Operating Fund to provide for the payment of the administrative expenses of the Water Resources Commission in carrying out the provisions of ORS 537.762 (Submitting start card before beginning work on well) .

(2) The Water Resources Department Operating Fund shall consist of:

(a) Fees received pursuant to ORS 537.762 (Submitting start card before beginning work on well) .

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

(3) The Water Resources Department Operating Fund shall be separate and distinct from the General Fund. All interest earned by the Water Resources Department Operating Fund, if any, shall inure to the benefit of the fund.

(4) In expending moneys in the fund received from fees pursuant to ORS 537.762 (Submitting start card before beginning work on well) , the biennial limitations on expenditures of the Water Resources Department shall be:

(a) No more than five percent for well inspection administrative support;

(b) No more than 20 percent for well inspection technical and information services; and

(c) No less than 75 percent for well inspection field investigation, enforcement and review of well logs. [1989 c.129 §4; 2003 c.594 §4; 2021 c.610 §21]

Note: 537.763 (Water Resources Department Operating Fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.763 — Water Resources Department Operating Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 549.340 — OR Code / Title 45 / Chapter 549 / Section 549.340
549.340 Construction
Status: in_force

If the county court authorizes the improvement, it shall be done under the direction and supervision of the county surveyor, or the county engineer, who shall set all necessary grade stakes and bench marks. The owner of any of the lands through which or on which any portion of the improvement is to be constructed may, at the expense of the owner, perform such construction work under the supervision of the county surveyor, or the county engineer. If the owner does not elect to do such work, it shall be done by the county under the direction and supervision of the county surveyor, or the county engineer. [Amended by 1965 c.287 §2]

Source: Section 549.340 — Construction; functions of county surveyor or county engineer; performance by landowner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 555.400 — OR Code / Title 45 / Chapter 555 / Section 555.400
555.400 Preferred purchasers
Status: in_force

In the sale of water and water rights and the entry upon lands now remaining unsold in the Tumalo Project, honorably discharged soldiers and sailors, marines, and Red Cross nurses of the Mexican, Spanish or Indian wars and of World War I shall have a preferred right to the purchase and acquiring of the same for such period of time as may be designated by the Water Resources Commission.

Source: Section 555.400 — Preferred purchasers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 536.021 — OR Code / Title 45 / Chapter 536 / Section 536.021
536.021 Water Measurement Cost Share Program Revolving Fund
Status: in_force

(1) The Water Measurement Cost Share Program Revolving Fund is established separate and distinct from the General Fund. All moneys in the Water Measurement Cost Share Program Revolving Fund are continuously appropriated to the Water Resources Department for the purposes described in this section.

(2) The fund established in this section consists of moneys appropriated by the Legislative Assembly and moneys gifted, bequested, donated or granted from any person for the purpose of installing, substantially repairing or replacing streamflow gauges, measuring devices or headgates with measuring devices.

(3) The department may use the moneys in the fund to contribute up to 75 percent of the moneys needed to install, substantially repair or replace a streamflow gauge, measuring device or headgate with a measuring device on authorized diversions or points of appropriation where the gauge, measuring device or headgate will be used to protect in-stream flow or existing water rights, measure ground water use or monitor water rights and streamflow.

(4) The department may receive funds from, and may enter into agreements or contracts with, any person for the purpose of implementing the Water Measurement Cost Share Program Revolving Fund.

(5) The department shall prioritize the expenditure of moneys from the fund for streamflow gauges, measuring devices and headgates with measuring devices in the following descending order:

(a) Installation.

(b) Replacement.

(c) Substantial repair. [2001 c.808 §2; 2017 c.170 §1]

Source: Section 536.021 — Water Measurement Cost Share Program Revolving Fund; uses; sources; prioritization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 553.620 — OR Code / Title 45 / Chapter 553 / Section 553.620
553.620 Ad valorem tax in lieu of assessment
Status: in_force

(1) A water control district may, in lieu of any or all of the assessments provided in this chapter, levy an ad valorem tax upon all taxable property situated within the boundaries of the district or subdistricts for a purpose or purposes expressed therein. A levy of an ad valorem tax for a given purpose shall not be in addition to any other assessments by a water control district for that purpose.

(2) As used in this section, “purpose” means the type of service to be performed by the district, or subdistrict, as set forth in ORS 553.020 (Creation of water control districts) (1) and (2). When the construction of an improvement serves more than one purpose, the cost of construction or the cost of maintenance shall be allocated between the two or more purposes on the basis of engineering studies. [1965 c.623 §16; 1969 c.691 §9]

Source: Section 553.620 — Ad valorem tax in lieu of assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.225 — OR Code / Title 45 / Chapter 545 / Section 545.225
545.225 Contracts
Status: in_force

(1) The board of directors may:

(a) Enter into contracts and take conveyances or other assurances for all property acquired by it under the Irrigation District Law, in the name of the irrigation district, to and for the purposes expressed in the Irrigation District Law.

(b) Institute and maintain all actions and proceedings, suits at law or in equity necessary or proper in order to fully carry out the Irrigation District Law, or to enforce, maintain, protect or preserve rights, privileges and immunities created by the Irrigation District Law, or acquired in pursuance of the Irrigation District Law.

(2) In all courts, acts, suits or proceedings the board may sue, appear and defend in person or by attorneys, in the name of the irrigation district. The court shall in all actions, suits or other proceedings take judicial knowledge of the organization and boundaries of all irrigation districts.

(3) When an audit is made in accordance with the provisions of ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) to 297.555 (Short title) , the auditors shall prepare and file with the Secretary of State a certified copy of the audit report. [Formerly 545.070]

Source: Section 545.225 — Contracts; conveyances; suits; judicial knowledge concerning district; audit reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.401 — OR Code / Title 45 / Chapter 545 / Section 545.401
545.401 Deposit of moneys in special fund
Status: in_force

All moneys realized from any assessments levied under ORS 545.399 (Contract with United States) shall be deposited by the treasurer of the district into a special fund, which shall be used solely for the purpose of carrying out and complying with the terms of the contract and the payment of installments of principal and interest falling due upon any bonds issued pursuant to the contract. [Formerly 545.384]

Source: Section 545.401 — Deposit of moneys in special fund; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.305 — OR Code / Title 45 / Chapter 547 / Section 547.305
547.305 Entry on land
Status: in_force

(1) The officers and employees of any drainage district shall have the right to:

(a) Enter upon any land in the manner provided by ORS 35.220 (Precondemnation entry on real property) .

(b) Locate the necessary drainage or irrigation works and the necessary branches for the same, on any lands that may be deemed best for such location.

(c) Acquire, either by lease, purchase, condemnation or other legal means, all lands, rights of way, easements and other property necessary for the construction, operation or maintenance of any drainage or irrigation works, including the enlargement, improvement or extension of any natural or artificial waterway for such purposes.

(d) Make all necessary water filings or appropriation of water under the general laws of Oregon for irrigation of lands within such district.

(2) The property, the right to condemn which is hereby given, shall include property already devoted to public use that is less necessary than the use for which it is required by the district, whether used for drainage, irrigation or any other purpose. The right of way is hereby given, dedicated and set apart to locate, construct and maintain such drainage or irrigation works over and through any of the lands that are now or may be the property of this state.

(3) In the acquisition of property or rights by condemnation, proceedings under the provisions of this section shall be brought in the name of the district under the provisions of ORS chapter 35. [Amended by 2003 c.477 §8]

Source: Section 547.305 — Entry on land; acquisition of property; water filings and appropriations; condemnation of property devoted to public use; right of way across state lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.303 — OR Code / Title 45 / Chapter 545 / Section 545.303
545.303 Water works system to be self-sustaining
Status: in_force

(1) The district shall charge consumers for the water furnished in amounts so that the domestic and municipal water system shall be self-sustaining. All indebtedness incurred in the acquisition, construction, maintenance, operation and disposition of the water system shall be paid from the revenues so collected and from the proceeds of the disposition of the whole or any part of the water system. The board of directors may establish rates or charges to be paid by each person whose premises are served. The rates or charges may be fixed and classified according to the type of use, according to the amount of water used and according to whether the property serviced lies within or outside the boundaries of the district.

(2) The district shall establish and maintain separate accounts covering the acquisition, construction, reconstruction, maintenance, operation and disposition of the domestic and municipal water system. All moneys collected from the operation and disposition of the whole or any part of the water system shall be deposited in a special fund to be designated “Domestic Water Fund.” Moneys in the fund shall be disbursed only in connection with the water system. [Formerly 545.114]

Source: Section 545.303 — Water works system to be self-sustaining; payment of indebtedness; rates; separate accounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 552.645 — OR Code / Title 45 / Chapter 552 / Section 552.645
552.645 General obligation bonds
Status: in_force

(1) For the purpose of carrying into effect any of the powers granted by this chapter, a district, when authorized at any properly called election held for the purpose, has the power to borrow money, and sell and dispose of general obligation bonds. Outstanding bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the district.

(2) The bonds shall be issued from time to time by the district board in behalf of the district as authorized by the electors thereof. The bonds shall mature serially within not to exceed 50 years from issue date. However, for an indebtedness to the federal government or this state, the district may issue one or more bonds of the denominations agreed upon. Bonds shall bear interest at a rate payable semiannually as the board shall determine. The bonds shall be so conditioned that the district shall promise and agree therein to pay to the bearer at a place named therein, the principal sum, with interest at the rate named therein, payable semiannually, in accordance with the tenor and terms of the interest coupons attached.

(3) For the purpose of additionally securing the payment of the principal and interest on general obligation bonds issued under this section, the district shall have the power, by resolution of the district, which resolution shall constitute part of the contract with the holders of the bonds, to pledge all or any part of the net revenue of the district. The district board may adopt such a resolution without submitting the question of the pledge to the electors of the district. [1969 c.606 §47; 1983 c.347 §30; 1991 c.459 §430]

Source: Section 552.645 — General obligation bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 553.585 — OR Code / Title 45 / Chapter 553 / Section 553.585
553.585 Claims
Status: in_force

All claims against the district shall be presented to the district board for allowance or rejection. Upon allowance, the claim shall be attached to a voucher verified by the claimant or agent of the claimant, approved by the president of the board and countersigned by the secretary, and directed to the treasurer of the district for the issuance of a check for payment of the claim against the proper fund in the custody of the district. Each claim presented and approved by the board shall have indorsed upon it the particular fund from which it is to be paid by the treasurer. Claims against the district for administrative expense and for any costs or expenses which are not properly chargeable directly to a particular subdistrict shall, when allowed by the district board, be paid from the general fund of the district. [Formerly 553.590]

Source: Section 553.585 — Claims; presentation; payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 536.055 — OR Code / Title 45 / Chapter 536 / Section 536.055
536.055 Agreements to expedite processing and review of applications, permits and other administrative matters
Status: in_force

(1) The Water Resources Department may, with any person, enter into an agreement that sets fees to be paid to the department for the purpose of enabling the department to expedite or enhance the regulatory process to provide services voluntarily requested under the agreement. Pursuant to the agreement, the department may hire additional temporary staff members, contract for services or provide additional services to the person that are within the authority of the department to provide.

(2) Notwithstanding the fees established in ORS 536.050 (Fees) , as part of an agreement entered into under this section, the department may waive all or part of a fee imposed for a service.

(3) The department may not modify existing processing priorities or schedules or create processing priorities or schedules for a particular department-provided service in order to compel a person to enter into an agreement under this section. However, without violating this subsection, the department may modify its processing priorities or schedules based on the overall operating needs of the department.

(4) The department may not require that a person pay more for a service under an agreement entered into under this section than the cost to the department in providing the service to the person.

(5) The department shall review the responsibilities of the department to identify services provided by the department that are appropriate for the department to perform under the provisions of this section. Failure to identify responsibilities under this subsection does not prohibit the department from entering into agreements under this section.

(6) Fees paid under this section shall be deposited in the State Treasury to the credit of the department. Such moneys are continuously appropriated to the department for the purpose of reviewing department responsibilities to determine those services for which the authority provided in this section may be used and for fulfilling the individual agreements entered into pursuant to this section, including the processing and review of:

(a) Water right permit applications, permit extensions, permit amendments and final proof surveys;

(b) Water right exchanges and transfers; and

(c) Water management and conservation plans required by rule by the department. [2003 c.745 §2]

Source: Section 536.055 — Agreements to expedite processing and review of applications, permits and other administrative matters; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 543a.105 — OR Code / Title 45 / Chapter 543a / Section 543a.105
543A.105 Hydroelectric Application Review Team review of final application
Status: in_force

(1) The Hydroelectric Application Review Team shall review the applications submitted under ORS 543A.100 (Final application for water right) and prepare a second proposed unified state position, which shall include:

(a) A draft proposed final order approving or denying the reauthorization of the water right, which shall include but need not be limited to the findings required for a proposed final order under ORS 543A.120 (Proposed final order) ;

(b) Proposed recommendations to the Federal Energy Regulatory Commission under 16 U.S.C. 803(j);

(c) A proposed coordinated state response to the Federal Energy Regulatory Commission, including any additional information requests and recommended conditions to be included in the federal license for the project; and

(d) Proposed recommendations for certification of the project under ORS 468B.040 (Certification of hydroelectric power project) and 33 U.S.C. 1341, including any proposed conditions under 33 U.S.C. 1341(d).

(2) The team shall submit the second proposed unified state position to the Department of Environmental Quality. The team shall provide public notice and a 60-day opportunity for public comment on the proposals required under subsection (1)(a) to (c) of this section. The Department of Environmental Quality shall concurrently provide public notice and a 60-day opportunity for public comment on the proposed water quality certification decision and conditions required under subsection (1)(d) of this section.

(3) The team shall provide the second proposed unified state position even if an application required under ORS 543A.100 (Final application for water right) contains incomplete or deficient information or analysis. The second proposed unified state position may reflect the incomplete or deficient information or analysis.

(4) The team may submit to the Federal Energy Regulatory Commission and the applicant any proposed state response, 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 the submission, even if the procedures set forth in this section for the development of a second proposed unified state position have not been completed. [1997 c.449 §21; 2001 c.369 §4]

Source: Section 543A.105 — Hydroelectric Application Review Team review of final application; unified state position in federal proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 548.315 — OR Code / Title 45 / Chapter 548 / Section 548.315
548.315 Issuance of bonds
Status: in_force

For the purpose of carrying into effect provisions contained in any contract so to be executed, the board of such district may, with the approval of the electors of the district, issue bonds in any denomination, bearing interest from date at a rate determined by the board, and to mature in not more than 40 years. The bonds shall be general obligations of the district and shall be paid by the revenue derived from the annual charges or assessments of the district, which shall be made in accordance with the terms of the contract. All of the owners of the real property within the district shall be liable to be charged or assessed for such payments; provided, however, that the contract may contain a provision permitting the release of any land in the district from the lien to secure the payment of such bonds, or relieving any lands in the district from any obligation to pay any assessments thereafter levied for the purpose of paying the bonds or the interest accruing thereon, by payment to the district of an amount provided in the contract. [Amended by 1981 c.94 §48; 1991 c.459 §426]

Source: Section 548.315 — Issuance of bonds; funds for payment; charges or assessments; release of land from lien; relief from payment of assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 549.310 — OR Code / Title 45 / Chapter 549 / Section 549.310
549.310 Application of ORS 549.320 to 549.400
Status: in_force

ORS 549.320 (Petition by landowners to drain lands or improve drains) to 549.400 (Obstruction, befoulment or pollution of ditch prohibited) shall not be construed to interfere with or to prevent the right or power to construct drainage ditches under any other statute of this state, and shall apply only to that portion of the state lying west of the Cascade Mountains.

Source: Section 549.310 — Application of ORS 549.320 to 549.400 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 537.227 — OR Code / Title 45 / Chapter 537 / Section 537.227
537.227 Protest of application to assign all or part of water right permit
Status: in_force

(1) A record landowner, an assignee, an affected water right permit holder or other interested person may protest a Water Resources Department proposed final order for a water right assignment under ORS 537.225 (Full or partial assignment of water right permit) . The protest must be in writing and received by the department within the time provided under ORS 537.225 (Full or partial assignment of water right permit) (4). The protest must be accompanied by the protest fee required under ORS 536.050 (Fees) and include:

(a) The name, address and telephone number of the person filing the protest; and

(b) A detailed explanation of why the proposed order does not conform with the criteria for a water right permit assignment and a description of the changes to the order that are necessary to correct the nonconformity.

(2) A protest must identify all issues the person wishes to raise that are reasonably ascertainable at the time the protest is filed. The issues must directly pertain to whether the proposed replacement water right permits are authorized under and in conformance with ORS 537.225 (Full or partial assignment of water right permit) .

(3) If a protest is properly filed, the department may work with the applicant for the water right assignment and the person filing the protest to determine whether the issues raised by the protest can be resolved informally. The department may:

(a) Reissue a proposed final order;

(b) Issue a final order; or

(c) Refer the matter for a contested case hearing.

(4) If the department is unable to resolve the issues informally and refers the matter for a contested case hearing, the issues properly before the administrative law judge are limited to whether the proposed replacement water right permits are authorized under and in conformance with ORS 537.225 (Full or partial assignment of water right permit) . Any unraised issue that was reasonably ascertainable at the time the protest was filed and any argument not raised in the protest with sufficient specificity to afford the department an opportunity for response is not subject to review at the contested case hearing.

(5) Notwithstanding ORS 183.310 (Definitions for chapter) , the parties to a contested case hearing held under this section are limited to:

(a) The applicant for the water right assignment; and

(b) Persons that timely filed a protest against the proposed order under ORS 537.225 (Full or partial assignment of water right permit) (4). [2013 c.166 §3]

Note: See note under 537.225 (Full or partial assignment of water right permit) .

Source: Section 537.227 — Protest of application to assign all or part of water right permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).