ORS § 545.373 — OR Code / Title 45 / Chapter 545 / Section 545.373
545.373 Proceeds of sale
Status: in_force

All proceeds from the sale of property owned by the district and subject to the lien of outstanding bonds shall be held in a special fund to be applied:

(1) First, to the construction or reconstruction of the drainage or other works of the district that are required by the United States as one of the conditions for the purchase of the property by the United States; and

(2) Second, as may be agreed between the district and the holders of the bonds, except that when the proceeds are applied to bonded indebtedness, the application shall be made to payment on the outstanding bonds as their interests may appear. [Formerly 545.150]

Source: Section 545.373 — Proceeds of sale; special fund; uses of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 550.280 — OR Code / Title 45 / Chapter 550 / Section 550.280
550.280 District contracts subject to Public Contracting Code
Status: in_force

The urban flood safety and water quality district is a contracting agency as defined in ORS 279A.010 (Definitions for Public Contracting Code) for all applicable requirements of the Public Contracting Code. [2019 c.621 §14]

Source: Section 550.280 — District contracts subject to Public Contracting Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 543.010 — OR Code / Title 45 / Chapter 543 / Section 543.010
543.010 Definitions for ORS 543.010 to 543.610
Status: in_force

As used in ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) :

(1) “Actual original cost” includes the sum paid to the state at the time the application was made for a preliminary permit; the sum paid or secured to be paid to the state by the applicant for license at the time such application was made; such sums as may be paid to the United States or any department thereof; and such sums as shall have been reasonably and prudently expended in preliminary investigations, explorations and organization expenses, as determined by the Water Resources Commission.

(2) “Project” means a complete unit, improvement or development. It includes, among other things, power houses, water wheels, conduits or pipes, dams and appurtenant works and structures, storage, diverting or forebay reservoirs connected therewith, and primary lines transmitting power to the point of junction with a distributing system, or with any interconnected primary system, miscellaneous works and structures used in connection with the unit or any part thereof, rights of way, lands, flowage rights and all other properties, rights and structures necessary or appropriate in the use, operation and maintenance of any such unit. [Amended by 1985 c.673 §139; 1995 c.229 §1]

Source: Section 543.010 — Definitions for ORS 543.010 to 543.610 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 547.069 — OR Code / Title 45 / Chapter 547 / Section 547.069
547.069 Formation of drainage district by owners of certain lands permitted
Status: in_force

In a contiguous body of swamp, wet or overflowed land or irrigated land from which waters contribute to the swamp or to the wet or overflowed condition of the same or different land, the owners of record of at least 50 percent of the acreage may form a drainage district for the purpose of reclaiming and protecting the land by drainage, flood control or otherwise from the effects of water:

(1) For sanitary or agricultural purposes; or

(2) When reclaiming and protecting the land protects life or property from the harmful effects of water or produces another public utility or benefit. [2015 c.544 §5]

Note: See note under 547.063 (Definitions) .

Source: Section 547.069 — Formation of drainage district by owners of certain lands permitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.705 — OR Code / Title 45 / Chapter 537 / Section 537.705
537.705 Ground water appurtenant
Status: in_force

All ground 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 ground water for any purpose may be made without compliance with a procedure as nearly as possible like that set forth 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) . However, the owner of any ground water right may, upon compliance with a procedure as nearly as possible like that set forth 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) , change the use and place of use, the point of appropriation or the use theretofore made of the ground water in all cases without losing priority of the right theretofore established. [1955 c.708 §22]

Source: Section 537.705 — Ground water appurtenant; change in use, place of use or point of appropriation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 540.120 — OR Code / Title 45 / Chapter 540 / Section 540.120
540.120 Lien for wages and expense
Status: in_force

(1) If one or more of the water users concerned in a distribution or division under ORS 540.100 (Division of water among users) pay the wages and expenses for another user who fails to contribute a just share or proportion of the wages and expenses, the user paying the wages and expenses shall be entitled to a lien upon the lands of the delinquent user entitled to use of water, in the amount of the delinquent user’s just share or proportion.

(2) The lien shall be made effective by filing written notice of intent to claim a lien for payment of wages and expenses under subsection (1) of this section with the county clerk of the county in which the lands of the delinquent water user are situated.

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

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

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

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

(d) State the name of the owner or reputed owner of the lands.

(4) The lien shall be filed within 60 days from the completion of the distribution or division, and suit to foreclose the lien shall be brought in the circuit court of the county in which the lands or any part of the lands are situated, within six months from the date of filing the notice of lien.

(5) The lien shall be foreclosed in the manner provided by law for the foreclosure of liens against real property. Except as provided in subsection (6) of this section, the court may award reasonable attorney fees to the prevailing party in an action to foreclose a lien under this section.

(6) The court may not award attorney fees to the state or a political subdivision of the state if the state or political subdivision prevails in an action to foreclose a lien under this section.

(7) A lien filed under this section shall not be considered an exclusive remedy. [Amended by 1985 c.421 §10; 1995 c.696 §26]

Source: Section 540.120 — Lien for wages and expense; notice; foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.775 — OR Code / Title 45 / Chapter 537 / Section 537.775
537.775 Wasteful or defective wells
Status: in_force

(1) Whenever the Water Resources Commission finds that any well, including any well exempt under ORS 537.545 (Exempt uses) , is by the nature of its construction, operation or otherwise causing wasteful use of ground water, is unduly interfering with other wells or surface water supply, is a threat to health, is polluting ground water or surface water supplies, is causing substantial alteration of ground water temperatures or is causing substantial thermal interference with other wells contrary to ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , the commission may order discontinuance of the use of the well, impose conditions upon the use of such well to such extent as may be necessary to remedy the defect or order permanent abandonment of the well according to specifications of the commission.

(2) In the absence of a determination of a critical ground water area, any order issued under this section imposing conditions upon interfering wells shall provide to each party all water to which the party is entitled, in accordance with the date of priority of the water right.

(3) A landowner who replaces an old well by drilling a new well shall permanently abandon the old well if the old well is within a setback as defined in well construction rules adopted by the commission. Permanent abandonment of a well located within a setback shall occur within one year after the function of the well is replaced or within one year after the water right, if applicable, is transferred to the new well, whichever is later. [1955 c.708 §25; 1981 c.919 §2; 1985 c.673 §71; 1987 c.442 §2; 1989 c.201 §6; 1989 c.833 §59; 1993 c.774 §12]

Source: Section 537.775 — Wasteful or defective wells; permanent abandonment of old well , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.540 — OR Code / Title 45 / Chapter 543 / Section 543.540
543.540 Consideration for bonds, stocks and other securities
Status: in_force

No bonds, notes or other obligations or securities or corporate stock shall be issued in connection with the financing, construction or acquisition of any project or part of a project, under a license issued pursuant to ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , except for cash or property. If issued for property, the price or value at which the property is to be acquired by the licensee and made a part of any such project must be submitted to and approved by the Water Resources Commission before it is purchased or acquired. All corporate shares issued in connection with any such project shall have a nominal or par value. All bonds, notes or other obligations or securities, and all shares of corporate stock issued or sold by any licensee in connection with the acquisition, construction or financing of any project, or part of a project, shall be issued or sold or used in the purchase or acquisition of property at the full face or nominal value thereof, unless the commission consents to and approves the sale for cash, or the use of cash in the purchase or acquisition of property at a discount from the face or nominal value of the property. Any discount so approved and consented to shall be considered a part of the cost of financing. [Amended by 1985 c.673 §160]

Source: Section 543.540 — Consideration for bonds, stocks and other securities; restrictions; corporate shares; sale price of securities; discount from face value , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 543.525 — OR Code / Title 45 / Chapter 543 / Section 543.525
543.525 ORS 543.530 to 543.550 not applicable to regulated utilities
Status: in_force

The provisions of ORS 543.530 (Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited) to 543.550 (Liens prohibited) shall not apply to any licensee which is a utility as defined in ORS 757.005 (Definition of public utility) and regulated by the Public Utility Commission of Oregon. [1965 c.333 §1]

Note: 543.525 (ORS 543.530 to 543.550 not applicable to regulated utilities) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 543.525 — ORS 543.530 to 543.550 not applicable to regulated utilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.387 — OR Code / Title 45 / Chapter 537 / Section 537.387
537.387 Limitations on water use related to Cannabis plants
Status: in_force

(1) At a location described in subsection (2) of this section, a person may not:

(a) Use, store or divert any waters under ORS 537.130 (Permit to appropriate water required) ;

(b) Use or attempt to use any ground water under ORS 537.535 (Unlawful use or appropriation of ground water, including well construction and operation) ;

(c) Construct or attempt to construct any well or other means of developing and securing ground water under ORS 537.535 (Unlawful use or appropriation of ground water, including well construction and operation) ;

(d) Collect or use precipitation water from an artificial impervious surface as described in ORS 537.141 (Uses of water not requiring water right application, permit or certificate) ; or

(e) Use ground water as described in ORS 537.545 (Exempt uses) (1)(b) or (f).

(2) A person may not engage in or undertake an action described in subsection (1) of this section at a location where plants in the plant Cannabis family Cannabaceae are grown, if:

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

(b) The number of plants described in this section is greater than the number of marijuana plants or industrial hemp plants allowed under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) , 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919) or 571.260 (Short title) to 571.348 (Civil penalty) . [2023 c.209 §3]

Note: 537.387 (Limitations on water use related to Cannabis plants) 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 537.387 — Limitations on water use related to Cannabis plants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.078 — OR Code / Title 45 / Chapter 543 / Section 543.078
543.078 Annual fee for hydroelectric project
Status: in_force

(1) On or before January 1 of each year, each holder shall pay to the State of Oregon an annual fee for each hydroelectric project that is subject to this section. The annual fee required by this section shall be based on the theoretical horsepower specified in the water right for each project.

(2) The amount of the annual fee required under subsection (1) of this section shall be determined in the following manner:

(a) Subject to the adjustment required under this paragraph, for a project producing more than 123.5 theoretical horsepower each holder shall pay an amount equal to a base rate of $0.687 per theoretical horsepower covered by the water right for the holder’s hydroelectric project. The annual fee may be set forth in the water right or may be established by order of the Water Resources Director. The Water Resources Commission shall annually adjust the fee established in this paragraph based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, using a base date of January 1, 2021. The annual fee also may be adjusted through the periodic review process established in ORS 543.085 (Periodic review of annual fee) .

(b) Each holder of a hydroelectric project that produces 15 or more theoretical horsepower but not more than 123.5 theoretical horsepower shall pay an annual fee of $50 for that project.

(c) Each holder of a hydroelectric project that produces less than 15 theoretical horsepower shall pay an annual fee of $15 for that project.

(d) The amount of theoretical horsepower upon which the fees are paid must be computed by multiplying the maximum amount of water appropriated, expressed in cubic feet per second, by the average total fall utilized, expressed in feet, and dividing the number resulting from the multiplication by 8.8.

(e) For a project that diverts water from a point on a river that forms a border with another state, the fee computation described in paragraph (d) of this subsection may not use as the maximum amount of water appropriated more than half of the capacity of the project. [1999 c.873 §5; 2021 c.516 §2]

Source: Section 543.078 — Annual fee for hydroelectric project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.360 — OR Code / Title 45 / Chapter 537 / Section 537.360
537.360 Relationship between application for in-stream water right and application for certain hydroelectric permits
Status: in_force

If an application is pending under this chapter for a water right permit to use water for hydroelectric purposes or under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) for a hydroelectric permit or license at the time the Water Resources Commission receives an application for an in-stream water right under ORS 537.336 (State agencies authorized to request in-stream water rights) for the same stream or reach of the stream, the commission shall not take any action on the application for an in-stream water right until the commission issues a final order approving or denying the pending hydroelectric application. [1987 c.859 §15]

Source: Section 537.360 — Relationship between application for in-stream water right and application for certain hydroelectric permits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 540.740 — OR Code / Title 45 / Chapter 540 / Section 540.740
540.740 Injunctive relief against action of watermaster
Status: in_force

Any person who may be injured by the action of any watermaster may appeal to the circuit court for an injunction. The injunction shall only be issued in case it can be shown at the hearing that the watermaster has failed to carry into effect the order of the Water Resources Commission or decrees of the court determining the existing rights to the use of water. [Amended by 1985 c.673 §100]

Source: Section 540.740 — Injunctive relief against action of watermaster , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.215 — OR Code / Title 45 / Chapter 547 / Section 547.215
547.215 Commissioners
Status: in_force

Upon adoption of the plan for reclamation, the county judge shall, by order, appoint three commissioners (who shall not be landowners in the district nor of kin within the fourth degree of consanguinity to any person owning land in the district), one of whom shall be a civil engineer and two of whom shall be freeholders residing within the state. A majority of the commissioners shall constitute a quorum and shall control the action of the board on all questions. Such commissioners shall constitute a body which shall continue in office and may be convened at any time by the county court for the purpose of correcting any errors, omissions or other mistakes that shall have been discovered in its original report as the same may have been amended and supplemented from time to time or for any other good cause shown. The court shall fill any vacancy occurring in such body of commissioners by appointment of a person who has the qualifications required by this section of the commissioner the person is to replace. Whenever said body of commissioners has been reconvened by the court, it shall thereafter make its report in response to the directions of the court and such report when completed shall be subject to ORS 547.245 (Reassessment of benefits) , with reference to a hearing thereon and a confirmation thereof by order or judgment of the court before such supplemental report shall go into effect. [Amended by 1953 c.434 §2; 2003 c.576 §506]

Source: Section 547.215 — Commissioners; appointment; qualifications; quorum; continuing existence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 536.780 — OR Code / Title 45 / Chapter 536 / Section 536.780
536.780 Water conservation or curtailment plan
Status: in_force

(1) The Water Resources Commission, upon a finding that a severe or continuing drought is likely to occur, may order individual state agencies and political subdivisions within any drainage basin or subbasin to develop and file with the commission, within 30 days following the order, a water conservation or curtailment plan or both. The commission may allow the state agencies and political subdivisions more than 30 days following the order to file the plan depending on the urgency for the plan.

(2) Intentionally left blank —Ed.

(a) The water conservation plan shall specify efforts to be made:

(A) To reduce usage of water resources for nonessential public purposes;

(B) To undertake activities consistent with law designed to promote conservation, prevention of waste, salvage and reuse of water resources; and

(C) To establish programs consistent with law designed to promote conservation, prevention of waste, salvage and reuse of water resources.

(b) When a state agency or political subdivision files a water conservation plan with the Water Resources Commission, the commission shall review the plan and approve it if the commission finds that the plan satisfactorily promotes uniformity in water conservation practices and the coordination of usage regulation, taking into account local conditions.

(3) Intentionally left blank —Ed.

(a) The water curtailment plan, in order to provide water necessary for human and livestock consumption during a severe and continuing drought, shall specify efforts to be made:

(A) To curtail, adjust or allocate the supply of water resources for domestic, municipal and industrial use; and

(B) To regulate the times and manner in which water resources are consumed.

(b) When a state agency or political subdivision files a water curtailment plan with the Water Resources Commission, the commission shall review the plan and approve it if the commission finds that the plan satisfactorily promotes uniformity in water curtailment practices and the coordination of usage regulation, taking into account local conditions.

(4) If a state agency or political subdivision fails to file a water conservation or curtailment plan when so ordered, or if the commission does not approve a filed plan, the commission may develop appropriate plans. [1989 c.87 §6]

Source: Section 536.780 — Water conservation or curtailment plan; contents; review; effect of failure to file or implement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 545.323 — OR Code / Title 45 / Chapter 545 / Section 545.323
545.323 Majority of votes required to approve construction of improvement
Status: in_force

If a majority of the votes cast by the electors within the boundaries of the land described in the petition are “Improvement–Yes,” and if a majority of the votes cast by the electors in the district at large are “Improvement–Yes,” then, but not otherwise, the board shall construct the improvement. The cost of construction shall be apportioned by the board to the lands within the boundaries described in the petition, so that each acre of irrigable land within those boundaries shall be assessed and required to pay the same amount. In all other respects the assessment and its levy and collection shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments and taxes levied upon lands within the district. [Formerly 545.406]

Source: Section 545.323 — Majority of votes required to approve construction of improvement; cost; apportionment; assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.175 — OR Code / Title 45 / Chapter 537 / Section 537.175
537.175 Time limit for issuing final order or scheduling contested case hearing
Status: in_force

(1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.140 (Application for permit) or 537.400 (Reservoir permits) within 180 days after the department proceeds with the application under ORS 537.150 (Filing of application) (5).

(2) At the request of the applicant, the department may extend the 180-day period set forth in subsection (1) of this section for a reasonable period of time.

(3) If a contested case hearing is held, the department shall issue a final order:

(a) Within 270 days after scheduling the hearing for a contested case proceeding that involves three or more parties not including the department; and

(b) Within 180 days after scheduling the hearing for all other contested case proceedings.

(4) If the applicant does not request an extension under subsection (2) of this section and the department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the department proceeds with the application under ORS 537.150 (Filing of application) (5), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the department to issue a final order or schedule a contested case hearing on an application for a water right. If the application is for an out-of-stream use, the writ of mandamus shall compel the department to issue a water right permit, unless the department shows by affidavit that to issue a permit may result in harm to an existing water right holder. [1995 c.416 §17]

Note: See note under 537.153 (Review of application) .

Source: Section 537.175 — Time limit for issuing final order or scheduling contested case hearing; applicant request for extension , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 554.020 — OR Code / Title 45 / Chapter 554 / Section 554.020
554.020 Articles of incorporation
Status: in_force

(1) One or more natural persons of the age of 18 or more, a domestic or foreign corporation, a partnership or an association, by submitting articles of incorporation to the Office of the Secretary of State for filing, may act as incorporators of a corporation for one or more of the following purposes:

(a) Irrigating or draining land.

(b) Furnishing land with water for domestic use.

(c) Protecting land by flood control.

(d) Taking ownership of and operating existing sanitary sewer facilities when water for domestic use is supplied pursuant to paragraph (b) of this subsection.

(2) The incorporators shall file a true copy of the articles of incorporation in the county clerk’s office of the county where the land incorporated is situated.

(3) The requirements for filing a document under ORS 554.005 (Filing requirements) apply to articles of incorporation. [Amended by 1971 c.200 §8; 1987 c.94 §145; 1987 c.579 §1; 2013 c.284 §1]

Source: Section 554.020 — Articles of incorporation; filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 543.530 — OR Code / Title 45 / Chapter 543 / Section 543.530
543.530 Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited
Status: in_force

(1) No licensee shall issue any share of corporate stock, or any bond, or other evidence of interest in or indebtedness of the licensee, or assume any obligation or liability as lessor, lessee, guarantor, indorser, surety or otherwise, in respect of the corporate shares, bonds or other evidence of indebtedness of any person in connection with the financing, acquisition, construction, maintenance or operation of any project, unless and until, and then only to the extent that, upon application by the licensee, and after investigation by the Water Resources Commission of the purposes and uses of the proposed issue and the proceeds thereof, or of the proposed assumption of obligation or liability, the commission, by order, authorizes the issue or assumption. The commission shall make the order only if the commission finds that the issue or assumption:

(a) Is for some lawful object of the licensee, compatible with the public interest, and is necessary to, or appropriate for, the proper performance by the licensee of the terms and conditions of the license and will not impair the licensee’s ability to perform the terms and conditions; and

(b) Is reasonably necessary and appropriate for such purposes.

(2) The commission may grant or deny the application to authorize the issue or assumption, or grant the same in part and deny in part, and may modify the provisions of any previous order and prescribe such terms and conditions as the commission considers necessary or appropriate in the premises. Every such application shall be made in such form and contain such data as the commission by rule may prescribe.

(3) No licensee or any director, officer, attorney or agent thereof shall knowingly assent to or concur in any issue or assumption contrary to the provisions of this section, or the orders of the commission made pursuant to this section or ORS 543.540 (Consideration for bonds, stocks and other securities) . [Amended by 1953 c.271 §1; 1985 c.673 §159]

Source: Section 543.530 — Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 539.350 — OR Code / Title 45 / Chapter 539 / Section 539.350
539.350 Procedures after remand of agreement
Status: in_force

Within 180 days after the court remands the agreement under ORS 539.340 (Court decree) , the Water Resources Director shall file with the court:

(1) An amended agreement complying with ORS 539.320 (Agreement) , which shall be subject to the procedure specified by ORS 539.330 (Notice to persons affected by agreement) ;

(2) A motion to dismiss the proceedings, which shall be granted by the court; or

(3) A stipulated motion for a continuance for a period not to exceed 180 days, within which period the parties shall submit to the court an amended agreement, a motion to dismiss or a motion for further continuance. [1987 c.81 §7]

Source: Section 539.350 — Procedures after remand of agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 536.235 — OR Code / Title 45 / Chapter 536 / Section 536.235
536.235 Policy on minimum streamflows
Status: in_force

It is the policy of the State of Oregon that establishment of minimum perennial streamflows is a high priority of the Water Resources Commission and the Water Resources Department. [1983 c.796 §2; 1985 c.673 §13]

Source: Section 536.235 — Policy on minimum streamflows , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 537.615 — OR Code / Title 45 / Chapter 537 / Section 537.615
537.615 Application for permit to acquire new right or enlarge existing right to appropriate ground water
Status: in_force

(1) Any person or public agency intending to acquire a wholly new right to appropriate ground water or to enlarge upon any existing right to appropriate ground water, except for any purpose exempt under ORS 537.545 (Exempt uses) , shall apply to the Water Resources Department for and be issued a permit before withdrawing or using the ground water.

(2) The application for a permit shall be in a form prescribed by the department and shall contain:

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

(b) The nature of the use by the applicant of the ground water for which the application is made.

(c) The dates of the beginning and completion of the construction of any well or other means of developing and securing the ground water.

(d) The date when the ground water will be completely applied to the proposed beneficial use.

(e) The amount of ground water claimed.

(f) If the ground water is to be used for irrigation purposes, a description of the lands to be irrigated, giving the number of acres to be irrigated in each 40-acre legal subdivision.

(g) The depth to the water table, if known.

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

(i) The proposed depth, diameter and type of each well, and the kind and amount of the casing.

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

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

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

(m) Any other information as the department considers necessary to evaluate the application.

(3) Each application for a permit shall be accompanied by any maps and drawings the department considers necessary.

(4) The map or drawing required to accompany the application shall be of sufficient quality and scale to establish the location of the proposed point of diversion and the proposed place of use identified by tax lot, township, range, section and nearest quarter-quarter section along with a notation of the acreage of the proposed place of use, if appropriate. In addition, the department shall accept locational coordinate information, including latitude and longitude as established by a global positioning system. If the application is for a water right for a municipal use, the map need not identify the proposed place of use by tax lot.

(5) Each application for a permit to appropriate water shall be accompanied by the examination fee set forth in ORS 536.050 (Fees) (1).

(6) If the proposed use of the water is for a mining operation as defined in ORS 517.952 (Definitions for ORS 517.952 to 517.989) , the applicant shall provide the information required under this section as part of the consolidated application under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) .

(7) Notwithstanding any provision of ORS chapter 183, an application for a permit to appropriate ground water shall be processed in the manner set forth in ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) . Nothing in ORS chapter 183 shall be construed to allow additional persons to participate in the process. To the extent that any provision in ORS chapter 183 conflicts with a provision set forth in ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) , the provisions in ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) shall control. [1955 c.708 §9; 1959 c.437 §3; 1985 c.673 §54; 1987 c.542 §7; 1991 c.735 §34; 1993 c.557 §4; 1995 c.416 §22; 1997 c.446 §6; 1997 c.587 §8; 2013 c.371 §33]

Source: Section 537.615 — Application for permit to acquire new right or enlarge existing right to appropriate ground water; plans and drawings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 554.220 — OR Code / Title 45 / Chapter 554 / Section 554.220
554.220 Bonds
Status: in_force

(1) At any time after recording the landowners’ notice as provided in ORS 554.190 (Recording notice) and adoption of a plan for improvement of the land described in the articles of incorporation as provided in ORS 554.210 (Plans and specifications) , the board of directors may, if in their judgment it seems best, and subject to the limitations, restrictions and provisions of the landowners’ notice, issue bonds or other obligations of the corporation necessary or convenient for improving the lands, including the refunding of outstanding bonds and any indebtedness of the corporation.

(2) The bonds shall be in such denominations as the board may determine, and bear interest from date at a rate determined by the board, payable semiannually, to mature at intervals to be determined by the board, both principal and interest being payable at some convenient insured institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , that is named in the bonds. The bonds shall be signed by the president of the corporation and attested with the seal of the corporation and the signature of the secretary. They may be issued so as to mature serially in annual amounts so as to be approximately equal, principal and interest, and may be issued so as to include a sum sufficient to pay the first four years’ interest, or less, to accrue on the bonds, and be numbered serially in the order in which they mature. Each such bond shall have interest coupons attached bearing the serial number of the bond, which coupons shall be serially numbered in the order of maturity.

(3) If the directors so determine, they may issue for the purposes stated in this section, or as provided in ORS 554.270 (Purchase or lease of works and water rights) and 554.280 (Resolution for serial coupon obligations) , one or more amortized installment obligations of the corporation constituting a designated series of such bonds as particularly described in ORS 554.280 (Resolution for serial coupon obligations) , all of which obligations shall be evenly and ratably paid as the attached installments mature as determined by the board of directors and as described in ORS 554.280 (Resolution for serial coupon obligations) . The latter bonds and coupons shall be executed and attested as provided by subsections (1) and (2) of this section for bonds of the corporation. [Amended by 1969 c.694 §48; 1977 c.188 §10; 1981 c.94 §49; 1981 c.526 §7; 1997 c.631 §493; 2001 c.215 §31]

Source: Section 554.220 — Bonds; denominations; interest; maturities; execution; coupons; amortized installment obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 545.279 — OR Code / Title 45 / Chapter 545 / Section 545.279
545.279 District may require water control devices and measuring devices
Status: in_force

(1) The board of directors may require a water user of the district:

(a) To install and maintain a lockable and controllable headgate or other water control device at a point of delivery of water to the user’s property; or

(b) To install a measuring device at a point of delivery as necessary to assist the board in determining the amount of water to be delivered to the user.

(2) When practicable, water control devices and measuring devices under this section shall be constructed on property for which the district holds existing easements.

(3) Except when an emergency requires the immediate installation of a water control device to avoid loss of water, the board shall notify a water user in writing that the water user is required by the board under this section to install a water control device or a measuring device. The notice shall be delivered personally or mailed by registered or certified mail, return receipt requested, to the water user. Within the 20-day period immediately following the date of personal delivery or mailing of the notice or at any time before the date of the next regular meeting of the board, the water user may file with the secretary of the board a written objection to the requirement for installation of the device and request a hearing before the board. After the hearing, the board may affirm, amend or rescind its order to the water user for installation of a water control device or measuring device. The decision of the board shall be final. [Formerly 545.119]

Source: Section 545.279 — District may require water control devices and measuring devices; notice to water user; objections; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 549.530 — OR Code / Title 45 / Chapter 549 / Section 549.530
549.530 Entry on land by complainant to repair dike
Status: in_force

If such dike is not repaired or rebuilt accordingly, the complainants may repair or rebuild the dike, and for that purpose may go upon the premises where the destroyed or broken dike is located, doing as little damage as possible thereto, and may recover the value or cost of rebuilding, reconstructing or repairing the dike from the delinquent owner, before any court having jurisdiction.

Source: Section 549.530 — Entry on land by complainant to repair dike; recovery of cost of repair , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 539.120 — OR Code / Title 45 / Chapter 539 / Section 539.120
539.120 Examination by director of stream and diversions in contest
Status: in_force

The Water Resources Director, or a qualified assistant, shall proceed at the time specified in the notice to the parties on the stream given as provided in ORS 539.030 (Notice of investigation of stream) , to make an examination of the stream and the works diverting water therefrom used in connection with water rights subject to this chapter, for which a registration statement has been filed as provided in ORS 539.240 (Claim to undetermined right to appropriate surface water) . The examination shall include the measurement of the discharge of the stream and of the capacity of the various diversion and distribution works, and an examination and approximate measurement of the lands irrigated from the various diversion and distribution works. The director shall take such other steps and gather such other data and information as may be essential to the proper understanding of the relative rights of the parties interested. The observations and measurements shall be made a matter of record in the Water Resources Department. The department shall make or have made a map or plat on a scale of not less than one inch to the mile, showing with substantial accuracy the course of the stream, the location of each diversion point and each ditch, canal, pipeline or other means of conveying the water to the place of use, and the location of lands irrigated, or in connection with which the water is otherwise used, within each legal subdivision. [Amended by 1955 c.669 §4; 1989 c.691 §11; 1991 c.102 §6]

Source: Section 539.120 — Examination by director of stream and diversions in contest; record; map , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 541.393 — OR Code / Title 45 / Chapter 541 / Section 541.393
541.393 Responsibility of government entity for repair or maintenance costs of dams on North Umpqua
Status: in_force

Nothing contained in ORS 541.386 (Dams and use of water for hydroelectric generation on North Umpqua prohibited) shall be construed to impose any additional obligation on any governmental entity to pay for the repair, structural repair, maintenance or improvement of any existing dam referred to in ORS 541.386 (Dams and use of water for hydroelectric generation on North Umpqua prohibited) (2). [Formerly 541.880]

Note: 541.393 (Responsibility of government entity for repair or maintenance costs of dams on North Umpqua) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

USE OF WATER TO OPERATE WATER-RAISING MACHINERY

Source: Section 541.393 — Responsibility of government entity for repair or maintenance costs of dams on North Umpqua , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 536.770 — OR Code / Title 45 / Chapter 536 / Section 536.770
536.770 Purchase of option or agreement for use of water permit or right during declared drought
Status: in_force

(1) The Water Resources Commission or a local government, public corporation or water right holder may purchase an option or enter an agreement to use an existing permit or water right during the time in which a severe, continuing drought is declared to exist.

(2) A local government, public corporation or water right holder proposing to purchase an option or enter an agreement under this section shall submit to the commission an application accompanied by the fee required under ORS 536.050 (Fees) (1)(a).

(3) After approval of the application by the commission, the option or agreement user:

(a) Is not required to construct any diversion or appropriation facilities or works;

(b) May use the water acquired under the option or agreement on property or for a use different than allowed in the permit or water right transferred under the option or agreement, if the water is used to replace water not available to the local government, public corporation or water right holder because of the drought; and

(c) May begin use at any time after approval by the commission so long as the total use by the water right or permit holder and the option or agreement user is within the rate, volume and seasonal limits of the permit or water right. [1989 c.87 §5; 1993 c.349 §1; 1997 c.587 §3; 2001 c.788 §2]

Source: Section 536.770 — Purchase of option or agreement for use of water permit or right during declared drought; application; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 536.031 — OR Code / Title 45 / Chapter 536 / Section 536.031
536.031 Applicability of rules to completed application for permit
Status: in_force

(1) Except as provided in subsection (2) of this section, the Water Resources Department may apply only those rules of the department that are in effect as of the date that a completed application is made for a permit in deciding whether to approve, deny or impose conditions on the permit.

(2) This section does not affect the application of any rule of the department that:

(a) Is required by federal law;

(b) Is required by any agreement between the state and a federal agency;

(c) The applicant voluntarily agrees to make applicable to the application; or

(d) Is necessary to protect public health and safety. [1999 c.301 §2]

Source: Section 536.031 — Applicability of rules to completed application for permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 558.355 — OR Code / Title 45 / Chapter 558 / Section 558.355
558.355 Budget for retirement system
Status: in_force

The district may budget and provide for payment into the fund of the retirement plan an amount sufficient:

(1) To provide on an actuarial reserve basis the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be provided by the district to its employees who attain the retirement age or retire in accordance with the terms of the retirement plan.

(2) To meet the actuarially computed costs of retirement benefits measured on the basis of services rendered or to be rendered by an employee before or after the date on which such employee becomes a member of the retirement plan. [1969 c.698 §57]

Source: Section 558.355 — Budget for retirement system , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 536.370 — OR Code / Title 45 / Chapter 536 / Section 536.370
536.370 Exercise of power in conflict with state water resources policy not effective until approved by commission
Status: in_force

(1) No exercise by any state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.350 (Delivery of water resources statement to certain public bodies) , of any power, duty or privilege, including the promulgating or undertaking of any order, rule, regulation, plan, program, policy, project or any other activity, which would in any way conflict with the state water resources policy as set forth in the statement, shall be effective or enforceable until approved by the Water Resources Commission as provided in subsection (2) of this section.

(2) The exercise of any power, duty or privilege referred to in subsection (1) of this section shall be deemed approved by the commission if:

(a) The commission grants its approval as provided in ORS 536.390 (Approval without filing notification) ; or

(b) The commission does not notify the state agency or public corporation within 30 days after the filing of the notification as provided in ORS 536.380 (Notification to commission of proposed exercise of power involving water resources required) (1) of the intention of the commission to review the proposed exercise of the power, duty or privilege; or

(c) The commission grants its approval as provided in ORS 536.380 (Notification to commission of proposed exercise of power involving water resources required) (4). [1955 c.707 §12]

Source: Section 536.370 — Exercise of power in conflict with state water resources policy not effective until approved by commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 541.460 — OR Code / Title 45 / Chapter 541 / Section 541.460
541.460 Abatement proceedings by Attorney General
Status: in_force

The Attorney General, upon being informed that any violation of ORS 541.450 (Definitions for ORS 541.450 to 541.460) to 541.460 (Abatement proceedings by Attorney General) or 541.990 (Penalties) (1) has occurred, is hereby empowered to proceed immediately in the circuit court of the county in which said splash dam is located, to petition the court for the removal of said splash dam by abatement proceedings; and all costs in connection therewith incurred by the Attorney General shall be assessed against the offending person, firm or corporation. [1957 c.163 §3]

Source: Section 541.460 — Abatement proceedings by Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 552.403 — OR Code / Title 45 / Chapter 552 / Section 552.403
552.403 Watershed improvement plans
Status: in_force

(1) A district shall, within a reasonable time after formation, prepare broad, general plans of watershed improvement. The plan may be prepared in cooperation with the Water Resources Commission and shall conform to the state water resources policy declared by ORS 536.220 (Policy on water resources generally) .

(2) The plan also shall show existing and proposed works of the district and of other public and private agencies relating to water use and control. It shall demonstrate a basis for the coordination and planning of future works of the district, governmental agencies and private interests to assure the maximum beneficial use and conservation of the water resources of the district. The projects and improvement plans shall be based on the inventory of water, needs of the district related to natural resources, and plans and programs, if any, developed by the Water Resources Commission. The district may have access to all information, statistics, plans and data in the possession of or available to any state agency or public corporation which is pertinent to the preparation of the plan and may reimburse the agency or corporation for any expense incurred in cooperating with the board.

(3) After approval by the district board, the plan of the district including the plan for financing any existing or proposed works may be submitted to the Water Resources Commission for recommendations.

(4) The district board shall make revisions found necessary for the proper control, utilization, conservation, development and improvement of the water resources of the district, and for the protection and enhancement of the quality of such water resources. [1969 c.606 §31]

Source: Section 552.403 — Watershed improvement plans; cooperation with Water Resources Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 554.390 — OR Code / Title 45 / Chapter 554 / Section 554.390
554.390 Dissolution of district and reorganization as corporation under ORS 554.320 and 554.375 to 554.390 prohibited after 2004
Status: in_force

A drainage district or a diking district shall not be dissolved and reorganized under ORS 554.320 (Exemption from taxation) and 554.375 (Dissolution of district and reorganization as corporation) to 554.390 (Dissolution of district and reorganization as corporation under ORS 554.320 and 554.375 to 554.390 prohibited after 2004) after December 31, 2004. [1993 c.502 §4; 2001 c.703 §1]

CORPORATIONS ORGANIZED UNDER 1911 ACT

Source: Section 554.390 — Dissolution of district and reorganization as corporation under ORS 554.320 and 554.375 to 554.390 prohibited after 2004 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 545.397 — OR Code / Title 45 / Chapter 545 / Section 545.397
545.397 Districts developed by units
Status: in_force

The reclamation, division, improvement and assessment of lands within any irrigation district in units, made before June 2, 1927, are hereby validated. [Formerly 545.446]

Source: Section 545.397 — Districts developed by units; validation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 550.320 — OR Code / Title 45 / Chapter 550 / Section 550.320
550.320 Ad valorem property taxes
Status: in_force

(1) Intentionally left blank —Ed.

(a) The urban flood safety and water quality district may annually impose, assess and collect a tax on all taxable property located in the district in an amount sufficient to pay the principal and interest due in the fiscal year on outstanding general obligation bonds issued by the district.

(b) The tax imposed pursuant to this subsection shall be applied only in payment of the principal and interest due on bonds issued by the district. In addition, the district may apply any otherwise unobligated district funds toward payment of the principal and interest due on the bonds.

(2) The district is a municipal corporation for purposes of ORS 294.305 (Sections constituting Local Budget Law) to 294.565 (Failure to file copy of required budget, reports or other documents) and shall file a written notice with the county assessor as required under ORS 310.060 (Notice certifying taxes) . [2019 c.621 §18]

Source: Section 550.320 — Ad valorem property taxes; Local Budget Law applicable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 536.440 — OR Code / Title 45 / Chapter 536 / Section 536.440
536.440 Investigations and studies
Status: in_force

The Water Resources Commission, by itself or in conjunction with any person, local voluntary committee or association, state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government, may conduct such investigations, surveys or studies, including the holding of public hearings, relating to the water resources of this state as it deems necessary to facilitate and assist in carrying out its functions as provided by law. [1955 c.707 §20]

Source: Section 536.440 — Investigations and studies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 545.559 — OR Code / Title 45 / Chapter 545 / Section 545.559
545.559 Bonds and coupons to be negotiable instruments
Status: in_force

Any bearer bonds and the coupons attached thereto issued under ORS 545.557 (Bonds) are fully negotiable instruments under the laws of the State of Oregon. [Formerly 545.236]

Source: Section 545.559 — Bonds and coupons to be negotiable instruments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 555.320 — OR Code / Title 45 / Chapter 555 / Section 555.320
555.320 Project manager
Status: in_force

(1) The Water Resources Commission shall appoint, at a salary to be fixed by the commission, a project manager for the Tumalo Project, who shall hold office and serve at the pleasure of the commission, but not longer than two years without reappointment. In the selection of a project manager, due consideration shall be given the recommendations of the Board of Directors of the Water Users’ Association of the Tumalo Project, which project was designated in chapter 119, Oregon Laws 1913, as the Columbia Southern Irrigation Project. The project manager shall have complete charge of the operation, maintenance and management of all matters pertaining to the project, and shall have authority to collect maintenance fees and issue receipts therefor, to employ necessary assistants, purchase materials and supplies, make proper and necessary repairs, renewals and alterations in the irrigation system when required, necessary or authorized by the commission, and to furnish inventories of machinery, equipment and materials at stated intervals.

(2) All machinery, materials, supplies and land acquired by the state under the provisions of chapter 119, Oregon Laws 1913, not required in the future operation of the project, shall be sold by the project manager under the direction of the commission, and the funds arising therefrom shall be placed in the Tumalo Project Fund. The project manager shall render a monthly report to the commission covering the operation of the project and such other matters as the commission may direct. The project manager shall furnish a good and sufficient surety bond in the sum of $5,000 running to the State of Oregon, subject to the approval of the Attorney General, and conditioned upon the faithful performance of duties.

Source: Section 555.320 — Project manager; duties and authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.347 — OR Code / Title 45 / Chapter 545 / Section 545.347
545.347 Obligations or contracts with United States under Fact Finders’ Act
Status: in_force

The board of directors may also enter into any obligation or contract with the United States for the construction, operation and maintenance of the necessary works for the delivery and distribution of water under the Act of Congress of December 5, 1924, entitled “An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1925, and for other purposes.” In such contract, the board of directors may provide for payment of charges to the United States upon the basis authorized by the Act of Congress of December 5, 1924, commonly known as the “Fact Finders’ Act,” and under the rules and regulations that may be promulgated by the Bureau of Reclamation of the United States. [Formerly 545.080]

Source: Section 545.347 — Obligations or contracts with United States under Fact Finders’ Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 554.375 — OR Code / Title 45 / Chapter 554 / Section 554.375
554.375 Dissolution of district and reorganization as corporation
Status: in_force

(1) The board of supervisors of a drainage district organized under ORS chapter 547 and existing prior to January 1, 1993, or the advisory board of a diking district organized under ORS chapter 551 and existing prior to January 1, 1993, may call a meeting of the owners of land situated in the district for the purpose of determining whether or not the district shall dissolve and reorganize as a corporation for drainage or flood control organized under this chapter.

(2) At least 10 days before the date of the meeting, notice of the meeting shall be given by publication in a newspaper of general circulation published in each county in which lands of the district are situated.

(3) The landowners, assembled at the place and time required by the notice, shall consider the question whether or not the district shall dissolve and reorganize as provided in this section. Each owner is entitled to one vote in person or by proxy for each acre of land owned by the owner in the district.

(4) Members representing more than 75 percent of the votes entitled to be cast within the district constitute a quorum for the transaction of business, including voting on the question of dissolution and reorganization, at the meeting.

(5) If members representing two-thirds or more of the votes entitled to be cast within the district approve dissolving the district and reorganizing the district as a corporation under this chapter, the board of supervisors or the advisory board of the district shall adopt an order so proclaiming and enter the order upon the minutes of the meeting. The chairperson of the meeting shall deliver to the Secretary of State a certified copy of the order proclaiming the results of the vote on the question of dissolution and reorganization.

(6) The board of supervisors or the advisory board of the district shall thereupon proceed with dissolution and reorganization as provided in ORS 554.380 (Articles of incorporation for corporation formed from dissolved district) and 554.385 (Findings by board of reorganizing district) . [1993 c.502 §1; 1995 c.233 §7]

Source: Section 554.375 — Dissolution of district and reorganization as corporation; meeting of landowners; approval of reorganization by landowners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 537.282 — OR Code / Title 45 / Chapter 537 / Section 537.282
537.282 Definition of “municipal applicant.”
Status: in_force

As used in ORS 537.282 (Definition of “municipal applicant.”) to 537.299 (Consequences of cancellation of permit or certificate if holder no longer municipal applicant) , “municipal applicant” means any municipal corporation or district as defined in ORS 543.655 (Definitions for ORS 543.650 to 543.685) that has applied for a permit to appropriate water for the purpose of generating hydroelectric power under the provisions of this chapter, or that has been accorded any right or preference under ORS 543.260 (Licenses) , 543.270 (Preference in granting permit or license) or 543.610 (Acquisition of project by state or municipality) . [1985 c.392 §2]

Source: Section 537.282 — Definition of “municipal applicant.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 554.307 — OR Code / Title 45 / Chapter 554 / Section 554.307
554.307 Reinstatement of dissolved corporation
Status: in_force

(1) A corporation that the Secretary of State administratively dissolved under ORS 554.305 (Notice of grounds for dissolution) may apply to the Secretary of State for reinstatement within five years from the date of dissolution. The application must state:

(a) The name of the corporation and the effective date of the corporation’s administrative dissolution; and

(b) That the ground or grounds for dissolution either did not exist or have been eliminated.

(2) If the Secretary of State determines that the application contains the information required by subsection (1) of this section, that the information is correct and that the corporation’s name satisfies the requirements of ORS 554.040 (Contents of articles) (2), the Secretary of State shall reinstate the corporation.

(3) When effective, the reinstatement relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on the corporation’s business as if the administrative dissolution had never occurred.

(4) The Secretary of State may waive the requirement under subsection (1) of this section that the corporation apply for reinstatement within five years after the date of administrative dissolution if the corporation requests the waiver and provides evidence of the corporation’s continued existence as an active concern during the period of administrative dissolution. [1987 c.94 §154; 1991 c.132 §16; 1995 c.215 §30; 2011 c.147 §27]

Source: Section 554.307 — Reinstatement of dissolved corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 536.390 — OR Code / Title 45 / Chapter 536 / Section 536.390
536.390 Approval without filing notification
Status: in_force

The Water Resources Commission may enter into agreements or provide by orders, rules or regulations whereby it approves the exercise of any one or more of the powers, duties or privileges referred to in ORS 536.370 (Exercise of power in conflict with state water resources policy not effective until approved by commission) (1) by a state agency or public corporation of this state which has received a copy of a state water resources statement as provided in ORS 536.350 (Delivery of water resources statement to certain public bodies) , without the filing of the notification as provided in ORS 536.380 (Notification to commission of proposed exercise of power involving water resources required) (1). Each agreement, order, rule or regulation shall specifically provide for the modification or revocation thereof at the discretion of the commission and upon reasonable notice to the state agency or public corporation, and may contain such other conditions, limitations or requirements as the commission, in its discretion, may require to insure the accomplishment of the purposes of the state water resources policy. [1955 c.707 §13]

Source: Section 536.390 — Approval without filing notification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 554.230 — OR Code / Title 45 / Chapter 554 / Section 554.230
554.230 Bonds
Status: in_force

(1) Bonds or obligations of the corporation shall refer therein to ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) and to the resolution of the board of directors authorizing the same, and shall briefly recite the purpose for which issued. If they constitute a lien on the land described in the articles of incorporation they shall so state therein; otherwise they shall state that they and the interest thereon are payable by the revenue derived from the annual assessments by the corporation upon the land described in the articles of incorporation and the landowners’ notice, which assessments are lien-apportioned to every acre of such land and assessed for a fund pledged for the payment thereof, and that the corporation covenants to and with the holder thereof to make such assessments as required by the laws of Oregon and to pay the obligation (or bond) at the maturity therein provided, and further that the assessment required to be made for the payment thereof at maturity will not together with all other assessments required for payment of the debts and obligations, operation and maintenance, and other charges, exceed the limitations prescribed in the landowners’ notice.

(2) Upon the issue of any bond or obligation payable by revenue derived from assessment by the corporation upon the land for a fund designated in the resolution authorizing such issue, the land described in the articles of incorporation and the landowners’ recorded notice shall thereafter be and remain liable to be assessed for such payments as provided in and subject to the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) .

Source: Section 554.230 — Bonds; recitals; payment; liability of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 542.050 — OR Code / Title 45 / Chapter 542 / Section 542.050
542.050 Construction work
Status: in_force

As the purposes of ORS 542.010 (Contract by Water Resources Commission with federal agencies for investigating and developing water resources) to 542.050 (Construction work) are to secure the most immediate, as well as the most beneficial, ultimate use of the available waters for any certain project, the Water Resources Commission, as occasion may require, may grant permits and arrange the details so that minor portions of the project may be segregated and constructed at any time. However, the segregation and development of such minor parts shall not interfere to any serious extent with the handling or completion of the balance of the project. [Amended by 1985 c.673 §133]

Source: Section 542.050 — Construction work; minor portions of project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 541.967 — OR Code / Title 45 / Chapter 541 / Section 541.967
541.967 Agency report to legislative committee prior to adjustment of expenditure limitation or additional funding related to Oregon Plan
Status: in_force

Notwithstanding any other provision of law, if during the interim between legislative sessions any agency responsible for implementing a portion of the Oregon Plan or a program for the enhancement or restoration of streams throughout the state requires additional funding or an adjustment to the agency’s expenditure limitations as approved by the Legislative Assembly to complete implementation of the Oregon Plan, the agency shall first submit a report to the appropriate legislative committee. The committee shall review the request and present a recommendation to the Emergency Board at the time the agency submits its request to the Emergency Board. [Formerly 541.413]

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

Source: Section 541.967 — Agency report to legislative committee prior to adjustment of expenditure limitation or additional funding related to Oregon Plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.144 — OR Code / Title 45 / Chapter 537 / Section 537.144
537.144 Request for right to use water under limited license
Status: in_force

(1) Any person requesting the right to use water under a limited license under ORS 537.143 (Limited license to use or store surface or ground water or to use stored water) shall notify the Water Resources Department on a form provided by the department.

(2) If the request submitted under subsection (1) of this section is to use stored water for purposes for which the stored water is authorized and pursuant to a contract between the user and a local, state or federal government:

(a) The person also shall submit:

(A) A copy of the contract;

(B) A map indicating the point of diversion and the place of use; and

(C) Any other information required by the Water Resources Commission that is necessary to evaluate the request as established by statute and the rules of the commission.

(b) Upon the filing of the request under this subsection, the department shall determine whether the request contains the information listed under paragraph (a) of this subsection and is complete and not defective, including the payment of any fee required by the commission. If the department determines that the request is incomplete or defective or that all fees have not been paid, the department shall return all fees and the request. If the department determines that a request contains the information listed under paragraph (a) of this subsection and is complete and not defective, the department shall proceed with the review of the request and issuance of the limited license if the use complies with the requirements of ORS 537.143 (Limited license to use or store surface or ground water or to use stored water) .

(3) The notification required under subsection (1) or (2) of this section shall be accompanied by the fee established by rule by the Water Resources Commission.

(4) The department shall notify the person whether the department grants the limited license.

(5) A request for the right to use stored water under a limited license as described in subsection (2) of this section may be made concurrently with an application for a permit to appropriate water under ORS 537.140 (Application for permit) . [1989 c.933 §3; 1995 c.274 §11; 1997 c.366 §2]

Source: Section 537.144 — Request for right to use water under limited license; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 548.015 — OR Code / Title 45 / Chapter 548 / Section 548.015
548.015 Board of directors to transfer unnecessary funds
Status: in_force

When the necessity for maintaining any fund of an irrigation or drainage district has ceased to exist and a balance remains in the fund, the governing board of the district shall so declare by proper resolution. The balance shall then forthwith be transferred to the credit of either the operation and maintenance fund or the general fund of the district, as designated in the resolution.

Source: Section 548.015 — Board of directors to transfer unnecessary funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 537.505 — OR Code / Title 45 / Chapter 537 / Section 537.505
537.505 Short title
Status: in_force

ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) shall be known as the “Ground Water Act of 1955.” [1955 c.708 §1; 1963 c.293 §1]

Source: Section 537.505 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 552.113 — OR Code / Title 45 / Chapter 552 / Section 552.113
552.113 Water rights protected
Status: in_force

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

(2) A water improvement district formed under this chapter shall include not less than 1,000 acres of land. Lands located within the boundaries of a city, domestic water supply corporation, irrigation district, drainage district or other similar special district providing water for use or water control may be included within the boundaries of a water improvement district without the consent of the city or other district.

(3) Intentionally left blank —Ed.

(a) If any part of a city or other special district is included within the boundaries described in a petition for creation of a district or for annexation of territory to a district, within three days after the petition is filed, the petitioners shall notify the city or other district of the filing of the petition.

(b) The city or other district may withdraw the territory within its boundaries from the proposed water improvement district or annexation by describing the area within the city or other district in a resolution and filing the resolution with the county board within 90 days after the filing of the petition. If a withdrawal is so filed, the area within the city or other district shall not be included within the proposal. [1969 c.606 §16; 2003 c.802 §135]

Source: Section 552.113 — Water rights protected; minimum acreage requirement; withdrawal procedure for city or other special districts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 541.561 — OR Code / Title 45 / Chapter 541 / Section 541.561
541.561 Establishment of grant program
Status: in_force

(1) The Water Resources Department shall establish a grant program to pay the qualifying costs of planning studies performed to evaluate the feasibility of developing a water conservation, reuse or storage project, as described in ORS 541.566 (Planning studies eligible for grants or direct service cost payments) . A grant under this section may be made to a local government as defined in ORS 174.116 (“Local government” and “local service district” defined) , to a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon or to a person.

(2) In lieu of grants, the department may pay the cost of providing direct services, including but not limited to technical planning services, for a planning study that is eligible for a grant under this section.

(3) A grant or the cost of direct services provided under this section may not exceed $500,000 per project. A grant or payment for direct services may be provided only if the amount of the grant or the cost of the direct services is matched by funding from another source that is not less than a dollar-for-dollar match of the amount or cost.

(4) Grants and the cost of direct services provided under this section must be paid for from moneys available in the Water Conservation, Reuse and Storage Investment Fund.

(5) Intentionally left blank —Ed.

(a) In evaluating above ground storage projects for awards of grants or payments for direct services under this section, the department shall give priority to projects that include provisions for using stored water to augment in-stream flows to conserve, maintain and enhance aquatic life, fish life or other ecological values.

(b) In evaluating all other eligible projects, the department shall give priority to projects identified by the department in a statewide water assessment and inventory for the award of grants or provision of payment for direct services under this section. [2008 c.13 §1; 2020 s.s.1 c.15 §17]

Note: 541.561 (Establishment of grant program) to 541.581 (Rules for grant and direct service cost payment program) 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 541.561 — Establishment of grant program; direct service cost payment; limitations; project evaluation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.535 — OR Code / Title 45 / Chapter 540 / Section 540.535
540.535 Notice of application for exchange
Status: in_force

After receipt of an exchange application, the Water Resources Commission shall give notice of the application by publishing notice of the application in a newspaper having general circulation in the area in which the water uses are located at least once each week for at least two successive weeks. The cost of providing the notice by publication shall be paid in advance by the applicant to the commission. [1987 c.815 §3; 2011 c.52 §7]

Source: Section 540.535 — Notice of application for exchange , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 550.196 — OR Code / Title 45 / Chapter 550 / Section 550.196
550.196 Terms of first directors
Status: in_force

(1) Intentionally left blank —Ed.

(a) Notwithstanding ORS 550.195 (Board of directors) (2), the first directors elected at a regular district election shall determine their terms by lot so that the terms of two directors expire on the first June 30 that occurs at least two years after the date of the regular district election at which they were elected and the terms of three directors expire on the first June 30 that occurs at least four years after the date of the regular district election at which they were elected.

(b) Notwithstanding paragraph (a) of this subsection, if the first elected directors are elected at an election other than a regular district election under ORS 255.335 (Regular district election) , the directors shall take office upon certification of the election under ORS 255.295 (Preparing abstract) (2) and shall serve until the first June 30 that occurs after the date of the next regular district election, at which election the elected members of the board of directors shall be elected as provided in paragraph (a) of this subsection.

(2) Intentionally left blank —Ed.

(a) Notwithstanding ORS 550.195 (Board of directors) (3), two of the first directors appointed by the Governor shall serve terms ending on the date on which the terms of two of the first directors elected at a regular district election expire as provided in subsection (1)(a) of this section and the other two of the first directors appointed by the Governor shall serve terms ending on the date on which the terms of three of the first directors elected at a regular district election expire as provided in subsection (1)(a) of this section.

(b) The Governor shall determine which of the first directors shall be appointed under this subsection for the two-year and the four-year terms. [2022 c.16 §5a]

Source: Section 550.196 — Terms of first directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 543a.150 — OR Code / Title 45 / Chapter 543a / Section 543a.150
543A.150 Modification of time limits
Status: in_force

(1) The Water Resources Department may extend the time limits set forth in ORS 543A.005 (Definitions) to 543A.145 (Water right certificate) and 543A.300 (Decommissioning) for a reasonable period of time if the time limits are incompatible with the substantive requirements applicable to applications to reauthorize a water right for the use of water for hydroelectric purposes.

(2) The expiration date of the water right for any project that begins the reauthorization process under ORS 543A.005 (Definitions) to 543A.410 (Fee schedule) before the expiration date shall be extended by the department if necessary to allow for completion of the reauthorization process. [1997 c.449 §31]

Source: Section 543A.150 — Modification of time limits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 543.060 — OR Code / Title 45 / Chapter 543 / Section 543.060
543.060 Investigations
Status: in_force

The Water Resources Commission, the Water Resources Director or any employee of the Water Resources Department, at all reasonable times, shall have free access to any project, addition or betterment during or after construction or acquisition, and to all maps, plans, profiles, estimates, engineers’ reports, books, accounts, records and other data relating to the project. [1985 c.673 §142]

Source: Section 543.060 — Investigations; access to project, maps, books and other project data , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 540.491 — OR Code / Title 45 / Chapter 540 / Section 540.491
540.491 Dam owner or operator liability
Status: in_force

(1) Compliance with ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) does not relieve the owner or operator of a dam or an individual in immediate charge of a dam from any duty, obligation or liability regarding the ownership, maintenance or operation of the dam.

(2) Water Resources Department actions and services under ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) do not relieve the owner or operator of a dam or an individual in immediate charge of a dam from any duty, obligation or liability regarding the ownership, maintenance or operation of the dam. [2019 c.390 §18]

CHANGES IN USE OF WATER; TRANSFER OF WATER RIGHTS; EXCHANGE

Source: Section 540.491 — Dam owner or operator liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 558.066 — OR Code / Title 45 / Chapter 558 / Section 558.066
558.066 Governmental entities conducting weather modification at airport
Status: in_force

The State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof or any person engaged by any of them for the purpose of removing or dispersing fog, or carrying out or performing any other weather modification at an airport owned or operated by the State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof, are exempt from the provisions of ORS 558.010 (Definitions for ORS 558.010 to 558.140) to 558.140 (Appropriation for administration and enforcement) in respect to such operations at such airport only. [1967 c.225 §2 (enacted in lieu of 558.065)]

Source: Section 558.066 — Governmental entities conducting weather modification at airport; exemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 537.797 — OR Code / Title 45 / Chapter 537 / Section 537.797
537.797 Criteria for certification to determine work completion
Status: in_force

(1) As used in this section:

(a) “District” means:

(A) An irrigation district formed under ORS chapter 545;

(B) A drainage district formed under ORS chapter 547;

(C) A water improvement district formed under ORS chapter 552; or

(D) A water control district formed under ORS chapter 553.

(b) “Registered geologist” has the meaning given that term in ORS 672.505 (Definitions for ORS 672.505 to 672.705) .

(c) “Registered professional engineer” and “registered professional land surveyor” have the meanings given those terms in ORS 672.002 (Definitions for ORS 672.002 to 672.325) .

(2) The Water Resources Commission by rule shall establish criteria for certification under ORS 537.798 (Water right examiner certificate) to conduct surveys to determine whether a permittee has completed all work necessary to perfect an appropriation of water under ORS 537.230 (Time allowed for construction of irrigation or other work) , 537.630 (Time allowed for construction work under permit) and 540.530 (Order authorizing change of use, place of use or point of diversion) .

(3) An individual may apply for certification under ORS 537.798 (Water right examiner certificate) if the individual meets the criteria established by rule by the commission and is a:

(a) Registered professional engineer;

(b) Registered professional land surveyor;

(c) Registered geologist; or

(d) District employee who:

(A) Is, at the time of applying, employed full-time by a district;

(B) Has been employed by a district for seven or more years; and

(C) Has seven or more years of relevant technical experience conducting similar work. [1987 c.542 §1; 1989 c.171 §70; 1995 c.7 §1; 2009 c.259 §29; 2023 c.532 §1; 2023 c.606 §17]

Note: The amendments to 537.797 (Criteria for certification to determine work completion) by section 3, chapter 532, Oregon Laws 2023, and section 19, chapter 606, Oregon Laws 2023, become operative July 1, 2027. See section 5, chapter 532, Oregon Laws 2023, and section 21, chapter 606, Oregon Laws 2023. The text that is operative on and after July 1, 2027, is set forth for the user’s convenience.

537.797 (Criteria for certification to determine work completion) . The Water Resources Commission by rule shall establish criteria for the certification of geologists, as defined in ORS 672.505 (Definitions for ORS 672.505 to 672.705) , and persons engaged in the practice of engineering and the practice of land surveying, as those terms are defined in ORS 672.005 (Additional definitions) , to conduct surveys to determine whether a permittee has completed all work necessary to perfect an appropriation of water under ORS 537.230 (Time allowed for construction of irrigation or other work) , 537.630 (Time allowed for construction work under permit) and 540.530 (Order authorizing change of use, place of use or point of diversion) .

Note: 537.797 (Criteria for certification to determine work completion) , 537.798 (Water right examiner certificate) and 537.799 (Survey for issuance of water right certificate) 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 537.797 — Criteria for certification to determine work completion; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.659 — OR Code / Title 45 / Chapter 541 / Section 541.659
541.659 Loan and grant applicants
Status: in_force

Loans and grants may be made from the Water Supply Development Account to persons as defined in ORS 536.007 (Definitions) , to a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon and nonprofit organizations. If an applicant is required to have a water management and conservation plan, the plan must be submitted to the Water Resources Department and receive approval prior to department acceptance of an application for a loan or grant from the account. [2013 c.784 §4; 2020 s.s.1 c.15 §18]

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

Source: Section 541.659 — Loan and grant applicants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.230 — OR Code / Title 45 / Chapter 540 / Section 540.230
540.230 Distribution of waste or seepage water
Status: in_force

Whenever a watermaster is called upon, in accordance with the provisions of ORS 540.210 (Distribution from ditch or reservoir) , to distribute the waters of any ditch containing or carrying waste or seepage water, the holder of the right to the use of such waste or seepage water shall pay the total cost of the installation of measuring devices for the measurement of the waste or seepage water and the total expense of measuring and distributing it.

Source: Section 540.230 — Distribution of waste or seepage water; payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.610 — OR Code / Title 45 / Chapter 547 / Section 547.610
547.610 Sale or exchange of bonds
Status: in_force

(1) The board of trustees shall sell or exchange the bonds so issued, on the best available terms, for any legal indebtedness of the district. If the sale is made for money, the proceeds shall be applied to the payment of liabilities existing against the district at that time. When the bonds are exchanged for bonds or warrants or other legal evidence of district indebtedness, the district treasurer shall at once cancel the evidence of indebtedness by indorsing thereon the amount for which they were received, the word “canceled” and the date of cancellation.

(2) The district treasurer shall keep a record of all bonds issued, sold or exchanged under subsection (1) of this section by number, date of issuance, date of sale, amount, date of maturity, rate of interest, the name and post-office address of the purchaser, and if exchanged, what evidence of indebtedness was received therefor. This record shall be open at all times for public inspection. [Amended by 1969 c.694 §41; 2001 c.215 §23]

Source: Section 547.610 — Sale or exchange of bonds; application of proceeds; cancellation of retired obligations; record of transactions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.240 — OR Code / Title 45 / Chapter 537 / Section 537.240
537.240 Federal permit
Status: in_force

(1) In any case where a permit from the Federal Energy Regulatory Commission is or shall be required in connection with the development of the applicant’s proposed project, the applicant shall make application for the necessary federal permit or license within six months, or, if the applicant is a municipal corporation, within 10 years, from the date of filing application for appropriation of water with the Water Resources Department.

(2) Upon failure of the applicant to file with the department, within 30 days after the expiration of the period above prescribed, satisfactory proof that application for the federal permit or license has been duly made, the application to appropriate water shall be terminated and become void.

(3) Where the application for the necessary permit or license from the Federal Energy Regulatory Commission is finally rejected or disallowed, or if after being granted, the permit or license is revoked or forfeited because of failure to begin or carry on the construction work when and as required by the permit or license, then the department shall, upon the filing in the Water Resources Department of satisfactory proof of such fact, revoke and cancel any permit issued by the department for appropriation of water for use in the project for which the federal permit or license was required.

(4) In case of any permit issued for the appropriation of water for the utilization of which a permit or license from the Federal Energy Regulatory Commission is necessary, the time to be allowed for the beginning and completion of construction under the permit from the department shall be made to conform to the time fixed for such beginning and completion in the permit or license, and in any extension thereof, issued for the project by the Federal Energy Regulatory Commission. [Amended by 1985 c.673 §36; 1995 c.416 §36]

Source: Section 537.240 — Federal permit; time for obtaining; cancellation; time for beginning and completing work , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 549.610 — OR Code / Title 45 / Chapter 549 / Section 549.610
549.610 Water Resources Commission to participate on behalf of state in federal flood control projects
Status: in_force

The Water Resources Commission is directed to carry out, for and on behalf of the state, the state’s participation in federal flood control projects. In discharging this responsibility, the commission, or one or more of its members or employees designated by the commission to represent it, may sign agreements with the federal government and other persons, to integrate, if possible, into the federal project necessary or desirable state or local features and works, to relocate facilities displaced by such projects and to perform all other acts connected with and necessary to such participation. Work to be done by the state may be carried out by contract or by available state forces or by a combination of these two methods. If the commission deems it to be in the public interest, they may agree with public or quasi-public bodies and other persons affected by such projects to have such bodies or persons perform the work. The commission shall, in all instances, carry out the powers and duties imposed upon it by ORS 549.605 (Definitions for ORS 549.605 to 549.645) to 549.645 (Waiver of state’s immunity to suit or action) in a manner which will comply with federal flood control legislation and rules and regulations promulgated pursuant to such legislation. [1957 c.466 §2]

Source: Section 549.610 — Water Resources Commission to participate on behalf of state in federal flood control projects; powers and duties of commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 537.585 — OR Code / Title 45 / Chapter 537 / Section 537.585
537.585 Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered
Status: in_force

Except as otherwise provided in ORS 537.545 (Exempt uses) or 537.575 (Permits granted, approved or pending under former law) or 537.595 (Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered) and subject to determination under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication) , actual and lawful application of ground water to beneficial use prior to August 3, 1955, by or under the authority of any person or public agency or by or under the authority of a predecessor in interest of such person or public agency, when registered under ORS 537.605 (Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595) and 537.610 (Recording registration statement) , is recognized as a right to appropriate ground water to the extent of the maximum beneficial use thereof at any time within two years prior to August 3, 1955. [1955 c.708 §6(2)]

Source: Section 537.585 — Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.741 — OR Code / Title 45 / Chapter 541 / Section 541.741
541.741 Recovery of certain interest amounts
Status: in_force

The Water Resources Commission shall not attempt to recover interest amounts credited or paid before January 1, 1986, to any water developer who borrowed moneys under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) and shall adjust the borrower’s account balance as necessary to reflect those credits as lawful payments on the borrower’s contractual obligations to the state. [1989 c.950 §2]

Note: 541.741 (Recovery of certain interest amounts) was added to and made a part of ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.741 — Recovery of certain interest amounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.250 — OR Code / Title 45 / Chapter 541 / Section 541.250
541.250 Cession to United States not rescinded
Status: in_force

Nothing in ORS 541.220 (Survey of stream system) to 541.240 (Right of way for ditches and canals) shall be construed as rescinding the cession by the state to the United States of lands, as provided in chapter 5, Oregon Laws 1905.

SUITS FOR DETERMINATION OF WATER RIGHTS UNDER 1905 ACT

Source: Section 541.250 — Cession to United States not rescinded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.120 — OR Code / Title 45 / Chapter 537 / Section 537.120
537.120 Right of appropriation
Status: in_force

Subject to existing rights, and except as otherwise provided in ORS chapter 538, all waters within the state may be appropriated for beneficial use, as provided in the Water Rights Act and not otherwise; but nothing contained in the Water Rights Act shall be so construed as to take away or impair the vested right of any person to any water or to the use of any water.

Source: Section 537.120 — Right of appropriation; vested rights protected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 547.310 — OR Code / Title 45 / Chapter 547 / Section 547.310
547.310 Board authority regarding reclamation works
Status: in_force

(1) The board of supervisors shall have full power and authority to:

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

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

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

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

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

(3) The chief engineer shall be superintendent of all the works and improvements and shall, whenever required, and at least once each year, make a full report to the board of all work done and improvements and make such suggestions and recommendations to the board as the chief engineer deems proper. [Amended by 1989 c.182 §31]

Source: Section 547.310 — Board authority regarding reclamation works; contracts; engineer’s duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.248 — OR Code / Title 45 / Chapter 537 / Section 537.248
537.248 Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right
Status: in_force

(1) When the Water Resources Department issues a reservoir permit for a new storage project to a county, municipality or district, the department shall include in the permit a date, not more than 10 years after the date the permit is issued, to begin and complete construction of diversion or storage works and to perfect the water right. An application for a reservoir permit under this section shall be subject to the provisions of ORS 537.140 (Application for permit) to 537.211 (Issuance of permit if application approved) , except that the applicant need not submit engineering plans and specifications before the permit is issued. However, the applicant may not begin construction of the reservoir until the department approves the engineering plans and specifications.

(2) By order, the Water Resources Director may extend the date for beginning and completing construction and for completing perfection of the use if the applicant shows reasonable diligence and good cause. An extension allowed under this subsection shall not exceed 10 years, but the applicant may request additional extensions.

(3) As used in this section, “district” includes the entities set forth in ORS 198.010 (“District” defined for chapter) and 198.180 (“District” defined for ORS 198.190) . [1995 c.473 §2; 1995 c.416 §35a]

Note: 537.248 (Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right) and 537.249 (Election to have proposed reservation considered as application for permit or rulemaking proceeding) were added to and made a part of 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.248 — Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.430 — OR Code / Title 45 / Chapter 543 / Section 543.430
543.430 Proceedings after completion of project for violation of license terms
Status: in_force

The Attorney General shall, upon request of the Water Resources Commission, institute proceedings in the circuit court for the county in which any project, or the major part of a project is situated, after the project has been completed, for the purpose of revoking for violation of its terms any license issued under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , or for the purpose of correcting or remedying by injunction, mandamus or other appropriate writ or decree, any act by the licensee in violation of the terms of those sections, or of any rule or order of the commission. The court shall have jurisdiction of the proceedings and may issue and execute all necessary process to compel compliance with the terms of any license, the terms of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , the lawful orders and rules of the commission. If a decree revoking a license is entered, the court may sell the whole, or any part, of a project under the license; wind up the business of the licensee conducted in connection with the project; distribute the proceeds to the parties equitably entitled thereto; and make and enforce such further orders and decrees as equity and justice may require. At any such sale the purchaser shall take the rights and privileges belonging to the licensee and shall perform all the duties of the licensee under the license. The remedies provided by this section are in addition to the remedies otherwise provided by ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) . [Amended by 1985 c.673 §157]

Source: Section 543.430 — Proceedings after completion of project for violation of license terms; authority of court; sale of project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.299 — OR Code / Title 45 / Chapter 537 / Section 537.299
537.299 Consequences of cancellation of permit or certificate if holder no longer municipal applicant
Status: in_force

(1) If the Water Resources Commission cancels a permit or certificate under ORS 537.295 (Cancellation of permit when holder fails to continue to qualify as municipal applicant) or 537.297 (Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant) , the municipal applicant may apply for a permit to appropriate water for hydroelectric purposes under this chapter, or the private developer may apply for a hydroelectric license under ORS chapter 543. However, the parties may not jointly apply for a permit to appropriate water for hydroelectric purposes pursuant to ORS 537.285 (Municipal applicant may develop hydroelectric project jointly with private person) .

(2) When a permit or certificate is canceled under ORS 537.295 (Cancellation of permit when holder fails to continue to qualify as municipal applicant) or 537.297 (Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant) , the cancellation order may include such conditions and requirements as the commission deems necessary for the public safety and welfare, including but not limited to:

(a) Delay of the effective date of cancellation until such time as another entity is authorized to operate the facility under this chapter or ORS chapter 543; or

(b) Provision for operation of the facility during the period between cancellation and issuance of a new permit, certificate or license. [1985 c.392 §9; 1985 c.673 §190]

Source: Section 537.299 — Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 558.340 — OR Code / Title 45 / Chapter 558 / Section 558.340
558.340 Tax assessment, levy and collection
Status: in_force

(1) The district may assess, levy and collect taxes each year not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207 (Computation of real market value for taxing or bonding limitations) . The proceeds of the tax shall be applied by it in carrying out the objects and purposes of ORS 558.210 (Incorporation for weather modification) , 558.235 (Treatment of forestlands as benefited property) , 558.300 (General powers of district) and 558.345 (Disposal of taxes levied when organization declared invalid) and for the purpose of financing the employees’ retirement system.

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

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

(4) Property shall be subject to sale for nonpayment of taxes levied by the district in like manner and with like effect as in the case of county and state taxes.

(5) For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225 (Boundary changes) . [1969 c.698 §26; 1971 c.727 §178; 1991 c.459 §433; subsection (5) of 2001 Edition enacted as 2001 c.138 §48]

Source: Section 558.340 — Tax assessment, levy and collection; boundary change , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 539.240 — OR Code / Title 45 / Chapter 539 / Section 539.240
539.240 Claim to undetermined right to appropriate surface water
Status: reserved

(1) Any person, corporation or governmental agency claiming an undetermined vested right, federal reserved right or right derived from such rights to appropriate surface water under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) shall file in the office of the Water Resources Department, on or before December 31, 1992, a registration statement of the claim.

(2) Upon request, the Water Resources Director shall make available a blank registration statement required under subsection (1) of this section. The claimant shall complete the registration statement by providing the information necessary for determination of the claimed vested or reserved right. The registration statement shall include at least the following:

(a) The name and mailing address of the claimant.

(b) The claimed beneficial use of the water and the amount used.

(c) The stream from which the water is diverted.

(d) A map from a survey prepared by a water right examiner certified under ORS 537.798 (Water right examiner certificate) showing:

(A) The location of the point of diversion in reference to an established corner of the United States Public Lands Survey or, if within a platted and recorded subdivision, from an established lot corner of the subdivision.

(B) The location of the place of use by quarter-quarter section of the United States Public Lands Survey. If the use is for irrigation, the number of acres irrigated within each quarter-quarter section.

(e) The time of commencement of the claimed use of water.

(f) The times of beginning and completion of any division and distribution works used to appropriate the claimed use of water and the water carrying capacity of such works, if known.

(g) The location of the place of use by quarter-quarter section of the United States Public Lands Survey. If the use is for irrigation, the number of acres irrigated within each quarter-quarter section during the first year of use and during each subsequent year until the full amount of claimed use was accomplished.

(h) The period of the year during which the claimed use of water is usually made.

(3) The failure of any person, corporation or governmental agency to file a registration statement for an undetermined vested right or federal reserved right shall create a rebuttable presumption that the claim has been abandoned.

(4) For good cause shown, any person who fails to file a registration statement within the period set forth in subsection (1) of this section may file within one year after December 31, 1992, a petition with the director requesting that the person be given an opportunity to rebut the presumption that the person has abandoned the claim. Upon the filing of such a petition, the director may schedule a hearing to take testimony and evidence on the date the water was applied to beneficial use or the director may accept sworn statements in writing in support of such petition. The director shall not deny a petition without first holding a contested case hearing. If it appears after hearing or from such sworn statements that the person has a use of water that would be subject to registration under this chapter, the director shall issue an order authorizing the person to file a registration statement as described under subsection (1) of this section. A person who files a petition under this subsection shall submit with the petition a fee, the amount of which shall be one and one-half times the amount the person would have submitted under ORS 539.081 (Fees for registration statement or statement and proof of claim) with a timely registration statement.

(5) The director shall accept for filing all registration statements described in subsections (1) and (4) of this section made in proper form when the statements are accompanied by the fees prescribed in ORS 539.081 (Fees for registration statement or statement and proof of claim) . The director shall indorse the date of receipt on each registration statement.

(6) The director shall examine each registration statement to insure that the statement is complete and in proper form. If the director determines the information required under subsection (2) of this section is complete and in proper form, the director shall:

(a) Enter the indorsed statement in the record of the department;

(b) Mail a copy of the indorsed statement to the person filing the registration statement; and

(c) Include the person or the properly designated assignee of the person in any further proceeding to adjudicate the water rights represented by the indorsed registration statement.

(7) Upon entry of the indorsed statement in the department’s records, the registrant is entitled to continue to appropriate the surface water and apply it to beneficial use to the extent and in the manner disclosed in the recorded registration statement. However, the registrant shall not be entitled to the benefits of an existing water right of record under ORS 540.045 (Watermaster duties) .

(8) No registration statement recorded under this section shall be construed as a final determination of any matter stated therein, nor shall the act of indorsement by the director constitute a determination of the validity of the matters contained in the registration statement. The right of the registrant to appropriate surface water under a recorded registration statement is subject to determination under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) to 539.240 (Claim to undetermined right to appropriate surface water) , and is not final or conclusive until so determined. A right to appropriate surface water under a recorded registration statement has a tentative priority from the date claimed in the indorsed registration statement.

(9) Any indorsed registration statement may be assigned, subject to the conditions in the registration statement, but no such assignment will be binding, except upon the parties to the assignment, unless filed with the department.

(10) Notwithstanding the filing deadline prescribed under subsection (1) of this section, and the late filing period allowed under subsection (4) of this section, if any person submitted, before December 31, 1994, a registration statement or other similar documentation claiming a right to appropriate surface water under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) , the director shall examine the material submitted to determine if the documents filed would substantially comply with the requirements of subsection (2) of this section. If the director determines that the documents substantially comply with the surface water registration filing requirements of subsection (2) of this section, the director may accept the registration. If the director determines that the documents filed under this subsection are incomplete or if additional information is required to comply with subsection (2) of this section, or fees required under ORS 539.081 (Fees for registration statement or statement and proof of claim) have not been submitted, the director shall notify the claimant of the deficiency, setting a date certain for submittal of the information or fees. The time for submittal of additional information or fees shall be not less than 30 days nor more than 180 days after the director notifies the claimant of the deficiency. If the additional information or fees are not submitted on or before the date certain, the registration statement shall be considered void and shall be returned to the claimant.

(11) The director shall adopt by rule a process and standards for recognizing changes in the place of use, type of use or point of diversion of water uses registered pursuant to this section. [1987 c.541 §5; 1989 c.691 §14; 1993 c.157 §4; 1995 c.365 §7; 1999 c.860 §1]

Source: Section 539.240 — Claim to undetermined right to appropriate surface water; registration statement; contents; effect of failure to file; recognizing changes to right; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 555.535 — OR Code / Title 45 / Chapter 555 / Section 555.535
555.535 Application of ORS chapter 255
Status: in_force

(1) ORS chapter 255 governs:

(a) The nomination and election of district board members of a sand control district.

(b) The conduct of sand control district elections.

(2) The electors of the district may exercise the initiative and referendum powers for a district measure as provided in ORS 255.135 (Prospective petition) to 255.205 (Retention of petition materials) . [2015 c.560 §6]

Source: Section 555.535 — Application of ORS chapter 255 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.679 — OR Code / Title 45 / Chapter 545 / Section 545.679
545.679 Recording of contract
Status: in_force

Upon execution and delivery of a contract under ORS 545.671 (Contract providing plan of liquidation) to 545.679 (Recording of contract) , the board of directors shall cause the contract to be recorded in the records of mortgages in the counties in which the lands covered by the contract are located. After recordation of the contract, the contract shall become effective in accordance with its terms. As of the effective date agreed upon in the contract, the rights, privileges, liabilities and obligations of all parties to the contract, as described in the contract, shall govern and control all the parties in lieu of all statutory rights, privileges, liabilities and obligations previously governing and controlling the parties in the premises. [Formerly 545.360]

Source: Section 545.679 — 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 § 548.705 — OR Code / Title 45 / Chapter 548 / Section 548.705
548.705 Irrigation or drainage district may file bankruptcy petition
Status: in_force

At any time subsequent to default in the payment of principal or interest upon the bonded or warrant indebtedness of any irrigation or drainage district of this state, the board of directors or board of supervisors may cause a petition to be filed in the Federal District Court pursuant to the provisions of the Federal Bankruptcy Act. The consent of the state is given to any proceedings instituted or attempted before February 16, 1939, by any such district under the Federal Bankruptcy Act. The state also authorizes and confirms any proceedings by any such district to effect a plan of composition or of readjustment of its debts in accordance with the provisions and terms of that Act, and authorizes the consummation of any such proceedings.

Source: Section 548.705 — Irrigation or drainage district may file bankruptcy petition; confirmation of proceedings; composition of debts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 545.675 — OR Code / Title 45 / Chapter 545 / Section 545.675
545.675 Parties to contract
Status: in_force

(1) All parties described in this section are authorized to become party to, sign, seal, execute and deliver a contract agreed upon under ORS 545.671 (Contract providing plan of liquidation) to 545.679 (Recording of contract) . The parties shall include:

(a) The irrigation district; and

(b) The owners or holders of at least 66-2/3 percent in amount of the then outstanding bonds or other evidences of indebtedness of the district, the liquidation of which is the purpose of the contract. The owners or holders jointly may become party to the contract through the agency of a protective or bondholders’ committee selected for that purpose by the owners or holders of outstanding bonds or other evidences of indebtedness.

(2) The contract shall be executed by all parties with such formalities as will entitle it to be recorded. [Formerly 545.356]

Source: Section 545.675 — Parties to contract; execution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.934 — OR Code / Title 45 / Chapter 541 / Section 541.934
541.934 Grant recipient liability insurance
Status: in_force

The recipient of a grant issued by the Oregon Watershed Enhancement Board must maintain an insurance policy providing liability protection for actions by, or on behalf of, the recipient in connection with the grant. The insurance must provide liability protection for the recipient and for all officers, employees and agents of the recipient acting within the scope of their employment or duties. The board may include the cost of liability insurance as part of, or in connection with, a grant award. The board, in consultation with the grant recipient, shall establish guidelines for the liability coverage. [2017 c.14 §1]

Note: 541.934 (Grant recipient liability insurance) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.934 — Grant recipient liability insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 551.090 — OR Code / Title 45 / Chapter 551 / Section 551.090
551.090 Meetings of landowners
Status: in_force

(1) Within 10 days after the petition has been granted, the petitioners shall call a meeting of the landowners of the district, to be held in the district at a time and place by them designated, for the purpose of choosing three landowners as an advisory board and nominating one landowner for superintendent of the district. Notice of the meeting shall be signed by at least three of the petitioners and posted in three public places in the district five days before the date of the meeting.

(2) At the meeting and at all subsequent district meetings one-half of the landowners in the district being the record owners of at least one-half of the number of acres of land therein shall constitute a quorum competent to transact business, and each landowner present shall be entitled to one vote for each acre of land in the district of which the landowner is at the time the record owner. All meetings shall be organized by selecting a chairperson and secretary. The secretary shall certify all proceedings taken and file the same with the county court of the county within five days after any meeting.

(3) The advisory board shall assist the superintendent with its advice and counsel concerning the necessity of work and the manner thereof and in the repair and maintenance of the dikes and dams in the district. The members of the advisory board shall hold office until the next annual meeting and until their successors are elected and qualified.

(4) There shall be an annual meeting of the landowners of the district on the first Monday in November of each year at 11 a.m., at which time, or at an adjourned meeting thereof, three landowners of the district shall be chosen for the advisory board, and a superintendent shall be nominated for the next calendar year, whose selection shall be certified to the county court on or before January 1 each year. The county court shall appoint for superintendent of dikes in each district the person so nominated by the landowners. Should the district fail to file with the county court a certificate of the nomination of a superintendent, then the county court shall make its own selection from the landowners in the district and appoint the superintendent. In either case the superintendent shall serve until the next annual appointment and until a successor is appointed, subject to removal by the court for neglect of duty, incapacity or other good cause. In case of vacancy in the superintendent’s office the county court may, on consultation with the advisory board, fill the vacancy until the next annual selection.

Source: Section 551.090 — Meetings of landowners; procedure; selection of advisory board and superintendent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 547.015 — OR Code / Title 45 / Chapter 547 / Section 547.015
547.015 Verification and filing of petition
Status: in_force

The petition shall be verified by one or more of the petitioners to the effect that they have read the petition and believe the allegations to be true. It shall be filed in the office of the county clerk of the county in which the lands described are situated. If the lands are situated in more than one county it shall be filed in the office of the county clerk of the county in which more of the lands are situated than in any other county.

Source: Section 547.015 — Verification and filing of petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.720 — OR Code / Title 45 / Chapter 537 / Section 537.720
537.720 Violation of terms of law or permit or certificate
Status: in_force

Whenever, after notice to and opportunity to be heard by such holder, the Water Resources Commission finds that the holder of any permit or certificate of registration issued under ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) is willfully violating any provision of the permit or certificate of registration or any provision of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , the commission may cancel or suspend the permit or certificate of registration or impose conditions on the future use thereof to prevent such violation. [1955 c.708 §24; 1985 c.673 §61]

Source: Section 537.720 — Violation of terms of law or permit or certificate; action by Water Resources Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 552.618 — OR Code / Title 45 / Chapter 552 / Section 552.618
552.618 Effect of irrigation contract
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 may be filed for record and the recording of the contract shall constitute notice that such lands are subject to assessments thereafter levied in accordance with the contract. [1969 c.606 §24; 1991 c.459 §428b]

Source: Section 552.618 — Effect of irrigation contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 547.620 — OR Code / Title 45 / Chapter 547 / Section 547.620
547.620 Retirement of outstanding bonds
Status: in_force

(1) Whenever there is in the sinking fund a surplus of $500 or more, over and above the interest maturing before the next levy, the district treasurer shall give notice for two weeks in one or more newspapers of general circulation printed and published in the county in which the district was first organized. The notice shall state the amount of such surplus and that on the day and hour named in the notice, sealed propositions will be received at the office of the district treasurer for surrender of bonds of the district.

(2) The district treasurer shall, at the time and place named, open the propositions and accept the lowest bid. However, no bid shall be accepted for an amount exceeding the par value of the bonds with accrued interest thereon and seven percent premium. If bids are not offered at that figure, or less, sufficient to exhaust the amount of surplus on hand, the board of trustees may then call in any bonds of the district, giving the numbers thereof in the exact order of their issuance beginning with the lowest or first number, and redeem the same at par value and five percent premium with accrued interest to date of such recall. Thereafter interest thereon ceases and the amount due shall be set aside for payment of the bonds whenever presented. [Amended by 1969 c.694 §43; 2001 c.215 §25]

Source: Section 547.620 — Retirement of outstanding bonds; notice to bondholders to submit propositions; premium; calling of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 548.510 — OR Code / Title 45 / Chapter 548 / Section 548.510
548.510 Judgment declaring assessments void
Status: in_force

If any such levy of assessment is declared void by a court of competent jurisdiction, then all similar assessments levied in the same or other years by the drainage or irrigation district which under the decision of the court are also void, may be reassessed, relisted and relevied against the property affected, in the manner provided by law and in conformity with such judgment, within five years from the date of the rendition of the judgment of the court declaring such assessment void. In the case of a relisting or relevying of such drainage or irrigation district assessment on any property affected thereby, proper credit in the collection of the same shall be given to all owners of any such property for all payments theretofore made by them on the void assessments. [Amended by 2003 c.576 §516]

Source: Section 548.510 — Judgment declaring assessments void; reassessment and relevy of similar assessments; time; crediting payments under void assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 554.070 — OR Code / Title 45 / Chapter 554 / Section 554.070
554.070 Membership
Status: in_force

(1) Every owner of land described in the articles of incorporation is a member of the corporation, and membership is lost or gained through a sale or purchase of any of said land, as the case may be, by which the legal title is transferred. In case of sale or purchase under contract without transfer of legal title, the parties may agree with respect to voting such land as provided in the bylaws, and unless so agreed and determined pursuant thereto the holder of the legal title shall be entitled to vote. Corporate owners may by resolution of their board of directors appoint and designate a proxy as provided by the bylaws.

(2) At all meetings of the members of the corporation each member who attends in person, or by proxy appointed in writing, shall be entitled to vote as provided in the articles of incorporation. In the absence of a provision in the articles of incorporation, each member shall be entitled to vote the amount of acreage of the land owned by the member on the basis of one vote for each acre of land. Nothing in the laws of Oregon shall be construed to prevent any owners of land, or members of the corporation, from joining in a voting trust or from giving a proxy or power of attorney to vote such membership for a term of years or until the happening or performance of a named contingency or condition. Except as provided in subsection (4) of this section or ORS 554.560 (Quorum for meeting) , members representing a majority of the votes entitled to be cast shall be necessary to constitute a quorum for the transaction of business at all landowners’ meetings, and a majority vote shall govern in all cases except as otherwise specially provided by law.

(3) At any meeting of the members of the corporation any officer may be removed and another elected in the place of the officer. There must be at least one regular meeting of the members in each year, to be fixed by the bylaws, and there shall be such other meetings as may be called under the provisions of the bylaws.

(4) When members representing a majority of the votes entitled to be cast or their appointed proxies do not attend the regular annual meeting of the members of the corporation or any other meeting called under the bylaws, the directors of the corporation may call another meeting of the members on a date that is not later than 60 days after the date of the meeting at which a quorum was not obtained. At such subsequent meeting, members representing 25 percent or more of the votes entitled to be cast shall constitute a quorum for the transaction of business. [Amended by 1985 c.466 §1; 1995 c.233 §2]

Source: Section 554.070 — Membership; meetings; voting; proxies; voting trusts; quorum; removal of officers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 540.430 — OR Code / Title 45 / Chapter 540 / Section 540.430
540.430 Nonpayment by ditch co-owner
Status: in_force

(1) Upon the failure of any co-owner to pay a proportionate share of the expense, as mentioned in ORS 540.420 (Jointly owned ditches) , within 30 days after receiving a statement of the same as performed by the co-owner, the latter may secure payment of the claim by filing an itemized and sworn statement thereof, setting forth the date of performance and the nature of the labor performed, with the county clerk of the county wherein the ditch is situated. When so filed it shall constitute a valid lien against the interest of the person in default, which lien may be established and enforced in the same manner as provided by law for the enforcement of mechanic’s liens.

(2) In lieu of proceeding to enforce the lien, the person performing the labor may file an itemized and sworn statement with the watermaster of the district within which the ditch is located, setting forth the date of performance, the nature of the labor performed, the total expense incurred by the person and the proportion of the expense each owner should pay, together with a written request that the watermaster take charge of the distribution of the water from the ditch to the parties entitled to the use thereof. Thereupon the watermaster may proceed to distribute the water in accordance with established rights. However, if an owner or user has not paid the proportion of expenses of the owner or user incurred for the proper maintenance and operation of the ditch, the watermaster may serve such party with written notice, personally, by registered mail or by certified mail with return receipt, setting forth the proportion of expenses incurred for which the owner or user is obligated to pay. If the party so served refuses or neglects to pay that part of the expense within 10 days after the serving or mailing of the notice, the watermaster may refuse to deliver water to be used upon the lands of such person until after the expense has been paid. [Amended by 1991 c.249 §52]

Source: Section 540.430 — Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.120 — OR Code / Title 45 / Chapter 543 / Section 543.120
543.120 Water power projects to be in conformity with this chapter
Status: in_force

After February 26, 1931, no water power project involving the use of the waters of lakes, rivers, streams or other bodies of water within this state, including waters over which this state has concurrent jurisdiction, for the generation of electricity, shall be begun or constructed except in conformity with the provisions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) .

Source: Section 543.120 — Water power projects to be in conformity with this chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.502 — OR Code / Title 45 / Chapter 545 / Section 545.502
545.502 Foreclosure
Status: repealed

(1) At any time after the delinquency date fixed by the resolution and upon the filing of the notice of claim of lien under ORS 545.494 (Unpaid charge as lien on land) , the board by resolution may direct that all delinquent incurred charges then unpaid shall be foreclosed by the district. The foreclosure shall follow the general procedure of a suit in equity and be filed in the circuit court for the county in which the land to be foreclosed is situated. If land in two or more counties is to be foreclosed, separate proceedings shall be commenced in each county as to the lands in that county. In addition to such incurred charges being foreclosed, the district may recover in the suit the costs and disbursements and expenses of foreclosure, including but not limited to recording and filing fees, title search fees, foreclosure reports and a reasonable administrative fee. Any number of tracts of land may be foreclosed in the same suit, without regard to whether they are delinquent for the same or different incurred charges, or for the same or several years. The judgment shall order the sale of the property and order the sheriff of the county to hold the sale in the same manner as other foreclosure sales. The sheriff shall fix the time for holding the sale and give notice of the sale for two consecutive weeks prior to the day of sale by publication of notice once each week in a newspaper published in the county in which the land to be sold is situated. The sheriff shall also post notices in three public and conspicuous places within the county at least two weeks prior to the day of sale. The irrigation district may be a bidder and purchaser of the property at the sale.

(2) Property sold under this section may be redeemed within 180 days from the date of sale by the:

(a) Former owner whose right and title were sold, or the heir, devisee or grantee of the former owner; or

(b) Holder of legal or equitable title or lien upon the land.

(3) A person who redeems the property under subsection (2) of this section shall pay the amount provided in ORS 18.582 (2).

(4) The court may award reasonable attorney fees to the prevailing party in a foreclosure action under this section. [Amended by 1981 c.897 §61; 1991 c.459 §423j; 1993 c.771 §17; 1995 c.42 §119; 1995 c.618 §83; 2001 c.476 §4; 2003 c.576 §498; 2005 c.371 §1]

Note: 18.582 was repealed by section 73, chapter 542, Oregon Laws 2005. The text of 545.502 (Foreclosure) was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 545.502 (Foreclosure) for the repeal of 18.582 has not been made.

Source: Section 545.502 — Foreclosure; procedure; redemption after sale; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.101 — OR Code / Title 45 / Chapter 537 / Section 537.101
537.101 Reporting measured water use
Status: in_force

(1) If the Water Resources Department requires an entity to measure the use of water diverted, stored or otherwise appropriated by the entity under a right established by a water right permit, water right certificate, limited license, decree, order of determination or ground water registration, the department may require the entity to report the measured use to the department.

(2) The Water Resources Commission shall adopt rules as provided under ORS 536.027 (Rules and standards) to carry out subsection (1) of this section. [2023 c.606 §26]

Note: 537.101 (Reporting measured water use) 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.

APPROPRIATION UNDER 1909 ACT; LIMITED LICENSES

Source: Section 537.101 — Reporting measured water use; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 553.320 — OR Code / Title 45 / Chapter 553 / Section 553.320
553.320 Engineering plan
Status: in_force

After the creation of a subdistrict, the board shall secure an engineering plan for the improvements requested in the petition for the creation of the subdistrict. The board may adopt as an engineering plan for a subdistrict any plans theretofore made by any department or agency of the federal government or the State of Oregon or a project work plan proposed for any soil and water conservation district in which lands within the subdistrict are located, or the board may employ a qualified engineer to make such engineering plan. Upon completion of the plan the board shall cause notice thereof to be given to the owners of the tracts of land within the subdistrict and shall permit the inspection of the plan at the office of the subdistrict by all landowners. The notice may be given by mail or by publication, as may be determined by the board. The notice shall fix a time and place for a hearing before the board of all objections to the plan, which hearing shall be held not less than 20 nor more than 30 days after the date of mailing or the date of the last publication of the notice. At the hearing the board shall make such changes in the engineering plan as it deems necessary in the light of any objections or suggestions made by any person appearing at the hearing. After the hearing, the board shall approve the plan as corrected or changed, by adopting an order of approval. However, if the owners of more than 50 percent of the lands within the subdistrict file written objections to the order approving the engineering plan with the secretary of the district within 15 days after the date of such order, no further action shall be taken under the order and the plan shall be considered to have been rejected by the landowners. Whenever an engineering plan for a subdistrict is so rejected by the landowners the board may obtain a new engineering plan and present it to the landowners in the manner above provided or the board may dissolve the subdistrict. [Amended by 1961 c.186 §7]

Source: Section 553.320 — Engineering plan; notice of completion; inspection; hearing; changes in plan; approval; rejection upon objections of landowners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 554.420 — OR Code / Title 45 / Chapter 554 / Section 554.420
554.420 Amendment of articles, and landowners’ notice, of corporation organized under 1911 Act
Status: in_force

(1) Articles of incorporation of any district improvement company organized before March 4, 1937, under the provisions of chapter 172, Oregon Laws 1911, and the recorded notice of the owners of the lands described in such articles of incorporation, may be amended as provided in this section.

(2) If the members desire to amend the articles of incorporation they shall execute the amended articles, stating therein that such articles are for the purpose of amending articles of the same corporation of record in the Office of the Secretary of State and in the county where the land therein described is situated; that the amended articles are signed by an officer, director or court-appointed fiduciary by authority of a resolution of the board of directors; and that such articles as amended and adopted are as therein set out. The amended articles must conform with ORS 554.040 (Contents of articles) . The amended articles must describe the land with particularity and state the owners thereof and the persons having any interest therein. The board of directors shall determine whether all landowners and persons having any interest in the lands have duly executed the same.

(3) If satisfied therewith the board of directors may, upon the execution by all landowners of the amended landowners’ notice and being satisfied therewith and that all have executed the same, by resolution authorize an officer, director or court appointed fiduciary to execute the same on behalf of the corporation. Thereupon the amended articles shall be submitted to the Office of the Secretary of State for filing. The requirements for filing a document under ORS 554.005 (Filing requirements) apply to the amended articles.

(4) One true copy of the amended articles also shall be filed in each county where the land is situated.

(5) The landowners’ amended notice shall be executed and recorded in the manner provided in ORS 554.180 (Landowners’ notice) and 554.190 (Recording notice) .

(6) From the filing of the amended articles by the Secretary of State, the amended articles and landowners’ notice shall be effective instruments for every purpose; provided that such amended notice shall in no manner affect any lien, encumbrance, interest or estate in any of the lands attached, fixed or vested at the time of filing the same, or the priority thereof. If in such amendments it appears that the corporation is not for profit and it is so stated therein, the corporation shall thereafter pay any applicable fee under ORS 554.016 (Filing, service, copying and certification fees) . [Amended by 1971 c.200 §10; 1987 c.94 §156; 1991 c.132 §35; 2013 c.284 §11]

Source: Section 554.420 — Amendment of articles, and landowners’ notice, of corporation organized under 1911 Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 547.225 — OR Code / Title 45 / Chapter 547 / Section 547.225
547.225 Assessment of benefits and damages by commissioners
Status: in_force

(1) Within 30 days after qualifying, the commissioners shall begin their duties. The chief engineer shall accompany them at all times, and render an opinion in writing when called for.

(2) The commissioners shall proceed to view the premises and determine the value of all lands within or without the district to be acquired and used for rights of way, holding basins or other works set out in the plan for reclamation. They shall assess the amount of benefits and the amount of damages, if any, that will accrue to each parcel of land, including irrigated lands, irrigation ditches and canals which contribute to the swampy, wet or overflowed condition of those lands, or any lands, public highways, railroads and other rights of way, roadways and other property which will be affected by the proposed reclamation work.

(3) For the purpose of determining benefits under the provisions of this section, all irrigated lands having an available water supply for irrigation that are adjacent to and on a higher level than other lands within the district and which fall naturally within the same watershed as the land within the district, shall be deemed contributing to the wet, swampy or overflowed condition of the lands of the district, and shall be deemed benefited by the construction of the works as specified in the plan for reclamation.

(4) The commissioners shall give due consideration and credit to any other drains, ditches, levees or other systems of reclamation which already have been constructed and which afford partial or complete protection to any tract or parcel of land in the new district.

(5) The public highways, railroads and other rights of way, roadways and other property shall be assessed according to the increased physical efficiency and decreased maintenance cost thereof by reason of the protection to be derived from the proposed works and improvements.

(6) The commissioners shall have no power to change the plan for reclamation.

(7) The commissioners shall prepare a report of their findings, which shall be signed by at least a majority of the commissioners and filed in the office of the county clerk of the county in which the district is organized. The secretary of the board of supervisors shall accompany the commissioners while engaged in their duties, and shall perform all clerical work of the board. The commissioners shall report to the board of supervisors the number of days each was employed and the actual expenses incurred. Each commissioner shall be paid $5 per day for services, and necessary expenses in addition thereto.

Source: Section 547.225 — Assessment of benefits and damages by commissioners; report; compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.051 — OR Code / Title 45 / Chapter 545 / Section 545.051
545.051 Change of boundaries authorized
Status: in_force

The boundaries of any irrigation district organized under the Irrigation District Law may be changed in the manner prescribed in ORS 545.051 (Change of boundaries authorized) to 545.126 (Liability of excluded lands for district’s obligations) . However, a change in the boundaries of a district shall not impair or affect its organization, its right in or to property or any of its other rights or privileges of whatever kind or nature. The change in the boundaries of a district shall not affect, impair or discharge any contract, obligation, lien or charge for or upon which the district was liable or chargeable had such change of its boundaries not been made. [Formerly 545.582]

Source: Section 545.051 — Change of boundaries authorized; effect on existing rights and liabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.230 — OR Code / Title 45 / Chapter 547 / Section 547.230
547.230 Notice of report of commissioners
Status: in_force

(1) Upon the filing of the report of the commissioners, the county clerk shall give notice thereof by publication once a week for three consecutive weeks in some newspaper published in each county in the district. It shall not be necessary for the notice to name the parties interested. The notice shall be in small type, in substantially the following form:

Notice of Filing of Commissioners’ Report for

_____Drainage District

Notice is given to all persons interested in the land included within the _____ drainage district, _____County (or counties), Oregon, (here describe land or give boundaries of district) that the commissioners heretofore appointed to assess benefits and damages to the property and lands situate in the drainage district and to appraise the cash value of the land necessary to be taken for rights of way, holding basins and other works of the district within or without its limits, filed their report in this office on the ___ day of______, 2___, and you are notified that you may examine the report and file exceptions to all or any part thereof, on or before the ___ day of_____, 2___.

____________

County Clerk of _____ County, Oregon.

(2) Where lands in different counties are contained in the report, the notice shall be published in some newspaper in each county in which the lands so affected are situated.

Source: Section 547.230 — Notice of report of commissioners; publication; form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 549.510 — OR Code / Title 45 / Chapter 549 / Section 549.510
549.510 Repair of dikes protecting contiguous tracts of different owners
Status: in_force

Whenever two or more contiguous tracts of land, not in a diking district, the property of separate owners, have been protected by a common dike or by separate dikes so constructed as to afford a common benefit to the lands affected thereby, or upon which the dike has been constructed, and any portion of the dike has become broken or destroyed or in such condition of repair that the lands intended to be benefited and protected by the dike are being injured by reason of its broken, destroyed or other bad condition, and the owner of the land upon which the broken or destroyed dike is located refuses to rebuild, repair, reconstruct or otherwise improve the same so as to afford the proper protection and benefit to the land, the owners of the other contiguous tracts may attempt to agree with the owner of the land upon which the dike in question is located, with reference to its repair, reconstruction or rebuilding. If the owner refuses to rebuild, reconstruct or repair the dike, the owners of the other contiguous tracts of land affected by the dike and upon whose land the dikes are in a good condition of repair, may reconstruct, rebuild or repair the broken or destroyed dike and shall be entitled, by action in any court having jurisdiction, to recover from the delinquent owner the reasonable value of the material furnished and labor used in rebuilding, reconstructing or repairing the same, together with the cost and disbursements of such action. The action shall be prosecuted in the name of the owners and against the delinquent party. Any party to the action is entitled to a jury trial.

Source: Section 549.510 — Repair of dikes protecting contiguous tracts of different owners; refusal of one owner to repair; reconstruction by other; recovery of expense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 540.572 — OR Code / Title 45 / Chapter 540 / Section 540.572
540.572 Application of certificated water elsewhere within district
Status: in_force

(1) Upon compliance with this section and ORS 540.574 (Petition for approval of transfer) and 540.576 (Notice of petition) , whenever land within the legal boundaries of a district is no longer irrigated or susceptible of irrigation, the district may apply the certificated water to which such land is entitled to other irrigable lands within the legal boundaries of the district if the district:

(a) Is managed by a full-time manager; and

(b) Is implementing a conservation plan approved by the Water Resources Commission, and meets all other management responsibility criteria for districts and conservation and efficiency criteria required by the Water Resources Commission.

(2) If a water user of a district has not made beneficial use of the water to which the user is entitled for a period of four successive years, the district shall advise the user and any security interest holder of record that if the user does not use the water for a fifth successive year, the district may petition the Water Resources Commission for a transfer of the water right under ORS 540.574 (Petition for approval of transfer) .

(3) When a district wishes to transfer the use of water under this section, the district shall provide notice of its intent to petition for a transfer to the user and any security interest holder of record of the land whose right of record would be transferred. The notice shall be sent to the last-known address for the user with a return receipt requested.

(4) The notice required under subsection (3) of this section shall:

(a) Include:

(A) The number of acres for which the user is being charged or assessed;

(B) A general description or tax lot of the land to which the water is assigned;

(C) A description of the use; and

(D) A request for confirmation that the information in the notice is correct.

(b) Advise the user that:

(A) The district has determined that the user’s land is no longer irrigated or susceptible of irrigation and that the district intends to petition the Water Resources Commission for approval to transfer the user’s water right to other lands in the district.

(B) If the user disagrees with the determination of the district that the user’s land is no longer irrigated or susceptible of irrigation or if the user has some other objection to the proposed action of the district, the user shall so advise the district in writing within 30 days after the notice is mailed.

(C) The user shall advise the district in writing within the foregoing time period if the user believes the presumption of forfeiture under ORS 540.610 (Use as measure of water right) is rebuttable for a reason provided under ORS 540.610 (Use as measure of water right) .

(5) If the district receives a written objection within 30 days after the mailing of the notice under subsection (3) of this section, the district manager shall attempt to resolve the matter with the user. If the user’s objections cannot be resolved by the manager, a hearing shall be held before the board of directors who shall make a determination whether to proceed with the petition to the Water Resources Commission.

(6) If no written objections are received by the district within 30 days after the mailing of the notice under subsection (3) of this section, or following resolution or hearing under subsection (5) of this section, the district may petition the Water Resources Commission for approval of the transfer under ORS 540.574 (Petition for approval of transfer) .

(7) As used in this section:

(a) “Irrigable land” means land that is currently under irrigation or susceptible of irrigation for agricultural, horticultural, viticultural or grazing purposes.

(b) “No longer irrigated or susceptible of irrigation” means:

(A) Land on which water for irrigation has not been applied for a period of five successive irrigation seasons; or

(B) Land that does not have reasonable access to the system of irrigation works of the district, or that cannot be irrigated from or that is not susceptible to or would not, by reason of being permanently devoted to uses other than agricultural, horticultural, viticultural or grazing, be directly benefited by actual irrigation from the district.

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

(d) “User” means an owner of land with an appurtenant water right who is subject to the charges or assessments of a district and from whose land the water right would be transferred by the petition and map filed under ORS 540.574 (Petition for approval of transfer) and an owner of land to which the water right would be transferred. [1991 c.957 §3]

Source: Section 540.572 — Application of certificated water elsewhere within district; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 545.537 — OR Code / Title 45 / Chapter 545 / Section 545.537
545.537 Sale of lands for delinquency
Status: in_force

The district shall appear as a bidder at the sale of any lands for delinquent assessments or taxes. The district may purchase and take title to the lands and dispose of the lands like any other purchaser. When at a tax sale there is no other bid for the full amount of the delinquencies, including interest and penalties, the district shall bid and buy in the land to protect its assessments. However, the district shall never bid or pay a greater sum than the total of all delinquent assessments and taxes against the land plus interest and penalties. When purchasing any land at a tax sale, the district shall pay cash for all assessments, taxes, interest and penalties, including the district assessments. Such expenditures shall be deemed operating expenses of the district and may be assessed as maintenance charges. [Formerly 545.210]

Source: Section 545.537 — Sale of lands for delinquency; purchase by district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 542.010 — OR Code / Title 45 / Chapter 542 / Section 542.010
542.010 Contract by Water Resources Commission with federal agencies for investigating and developing water resources
Status: in_force

In order that the natural resources of Oregon in land, water and power may be utilized to the highest advantage of the people, complete cooperation between the state and federal authorities in controlling, investigating and developing these resources in the interest of the people of the state is essential. Therefore, the Water Resources Commission may, on behalf of this state, enter into a contract or agreement with any federal department or bureau having jurisdiction in such matters for the execution of such surveys and investigations and the preparation of such plans, specifications and estimates or other data by cooperation between the state and the federal department or bureau as will, in the judgment of the Water Resources Commission, approved by the Governor, be best suited to accomplish the purposes of ORS 542.010 (Contract by Water Resources Commission with federal agencies for investigating and developing water resources) to 542.050 (Construction work) . However, in no case shall the proportion of expense to be borne by this state exceed the proportion to be borne by the other party to the contract or agreement. [Amended by 1985 c.673 §130]

Source: Section 542.010 — Contract by Water Resources Commission with federal agencies for investigating and developing water resources; expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 549.160 — OR Code / Title 45 / Chapter 549 / Section 549.160
549.160 Report of commissioners to county court
Status: in_force

The commissioners, or a majority of them, shall make a report to the county court at the next regular session thereof, stating the location of the ditch or other work contemplated, the name of the person entitled to damage, and the amount, if any is assessed. If the county court is satisfied that the report is just, and after payment by the applicant for the right of way of all costs of locating such ditch or other work, and the damages, if any are assessed, the court shall cause the same to be recorded. The applicant then may proceed to make such ditch, or do such work of straightening the stream or building up or straightening the banks thereof, doing as little damage to the land it passes through as possible.

Source: Section 549.160 — Report of commissioners to county court; payment to landowner; recording report; construction of improvement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 540.458 — OR Code / Title 45 / Chapter 540 / Section 540.458
540.458 Notice for owner corrective action to address safety issues
Status: in_force

(1) If, as the result of an inspection or analysis of a dam that has a high hazard rating or significant hazard rating, the Water Resources Department concludes that corrective action is necessary to address a condition allegedly rendering the dam unsafe or potentially unsafe, the department shall notify the dam owner regarding:

(a) Why the inspection or analysis of information and conditions causes the department to conclude that the dam is unsafe or potentially unsafe;

(b) The action the department concludes is necessary to address the alleged unsafe or potentially unsafe condition;

(c) The opportunity for the dam owner to meet with the department; and

(d) The opportunity for the dam owner to provide information to challenge the department’s conclusion alleging that the dam is unsafe or potentially unsafe.

(2) The department shall notify a dam owner under subsection (1) of this section by:

(a) Registered mail; or

(b) Certified mail with return receipt requested. [2019 c.390 §7]

Source: Section 540.458 — Notice for owner corrective action to address safety issues , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.260 — OR Code / Title 45 / Chapter 537 / Section 537.260
537.260 Cancellation of permit for failure of proof of completion of appropriation
Status: in_force

(1) Except as provided under subsection (4) of this section for a permit issued to a municipality, whenever the time within which any appropriation under a permit should have been perfected has expired and the owner of the permit fails or refuses within three months thereafter to submit to the Water Resources Department proof of completion of the appropriation as required by ORS 537.230 (Time allowed for construction of irrigation or other work) and 537.250 (Water right certificate) , the department may, after 60 days’ notice by registered mail or by certified mail with return receipt, order the cancellation of the permit. The cancellation shall have the same force and effect as cancellation of a permit in the proceedings provided for in ORS 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.450 (Rules for proof as to work and use of water under permits) .

(2) The department may determine the extent to which an appropriation has been perfected under any permit at the time of submission of final proof provided for in ORS 537.250 (Water right certificate) , and shall limit the certificate provided for in that section to a description of such appropriation as has been actually perfected to the extent that the water applied for has been actually applied to the beneficial use contemplated in the permit.

(3) Any person owning an application, permit or water right certificate subsequent in priority may jointly or severally contest before the department the issuance of the water right certificate at any time before it has issued, and after the time has expired for the completion of the appropriation under the permit, or within three months after issuance of the certificate. The contest shall be brought upon application made, and hearing shall be had in the same manner and after notice as provided in ORS 537.420 (Notice of hearing) for proceedings for cancellation of permits. The department, in a final order, may cancel the permit or determine the extent to which the appropriation claimed thereunder has been perfected, and issue a water right certificate accordingly, or if a certificate has been issued, in the case of a contest within three months after its issuance, the department may cancel the water right certificate, or affirm its issuance, and if the water right certificate in such case is canceled, the permit upon which it is based shall also be canceled.

(4) A municipality may partially perfect not less than 25 percent of the water authorized by its permit without loss of priority or cancellation of the municipality’s permit under this section. If a municipality defers perfection of its water right under this section, the department shall issue a certificate under ORS 537.250 (Water right certificate) only for the amount perfected. Upon perfection of the deferred amount, the municipality shall request a water right certificate for the remaining portion of the water applied for in the original permit application. As used in this section, “municipality” includes 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) and 777.915 (Definitions for ORS 777.915 to 777.953) to 777.953 (Annexation) , a domestic water supply district formed under ORS chapter 264 or a water authority formed under ORS chapter 450. [Amended by 1983 c.740 §211; 1985 c.673 §38; 1989 c.707 §2; 1991 c.249 §43; 1993 c.577 §35; 1995 c.416 §37]

Source: Section 537.260 — Cancellation of permit for failure of proof of completion of appropriation; issuance of limited certificate; contest of issuance of certificate; exception for municipalities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.375 — OR Code / Title 45 / Chapter 545 / Section 545.375
545.375 Purchaser rights
Status: in_force

(1) A sale of excess storage or carrying capacity or a sale of surplus water or water rights by the board shall not give the purchaser any prior or superior right in the water rights, water supplies, reservoir or irrigation works of the district over the rights retained by the district for lands within the district.

(2) If the contracts or instruments are considered advantageous to the district, the board may enter into contracts and execute instruments as may be necessary:

(a) To transfer property, including excess storage and carrying capacity and surplus water and water rights;

(b) To transfer the right to the use of the quantity of water sold;

(c) To transfer an interest in the reservoir and other irrigation works of the district; or

(d) For the joint management and operation of any or all of the works of the district.

(3) Property of the district that is the subject of a contract or instrument executed under this section must be released from the lien of outstanding bonds of the district prior to the execution of the contract or instrument. [Formerly 545.152]

Source: Section 545.375 — Purchaser rights; power of directors respecting contracts and instruments relating to transfer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.389 — OR Code / Title 45 / Chapter 545 / Section 545.389
545.389 Deduction for rights or property required by district
Status: in_force

(1) In fixing the proportionate part of the cost of the 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, may be deducted from the amount that the owner of the property or rights would otherwise be required to pay, and assessments for payment of the cost of the reclamation, and interest thereon, may be made accordingly. Property and rights so acquired shall not be vested in the district until bonds have been disposed of or means otherwise provided for reclamation of the land in the district.

(2) Before completion of the project, the board may adjust the assessment so that the lands to which the district delivered water or could on demand have delivered water, during the preceding irrigation season, shall, in addition to their pro rata share of the remainder of the assessment, pay for the operation and maintenance of the constructed or partially constructed works through which the lands receive water. [Formerly 545.436]

Source: Section 545.389 — Deduction for rights or property required by district; assessments pending construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.039 — OR Code / Title 45 / Chapter 536 / Section 536.039
536.039 Water Resources Department
Status: in_force

There is hereby established in the executive-administrative branch of the government of the state under the Water Resources Commission a department to be known as the Water Resources Department. The department shall consist of the director of the department and all personnel employed in the department including but not limited to all watermasters appointed under ORS 540.020 (Watermasters) . [1985 c.673 §§6,203]

Source: Section 536.039 — Water Resources Department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 554.030 — OR Code / Title 45 / Chapter 554 / Section 554.030
554.030 Evidence of corporate existence
Status: in_force

The articles of incorporation or a certified copy of the one filed with the Secretary of State or county clerk shall be prima facie evidence of the existence of the corporation.

Source: Section 554.030 — Evidence of corporate existence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 541.430 — OR Code / Title 45 / Chapter 541 / Section 541.430
541.430 Use of machinery by riparian owner to raise water
Status: in_force

Any person who owns or has the possessory right to any land bordering on any lake or natural stream of water shall have the right to employ wheels, pumps, hydraulic engines, or other machinery for the purpose of raising water to the level required for use of the water in irrigating any land belonging to the person; provided, that the use of the water shall not conflict with the better or prior right of any other person. [Formerly 541.410]

Source: Section 541.430 — Use of machinery by riparian owner to raise water; prior rights of others , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.746 — OR Code / Title 45 / Chapter 537 / Section 537.746
537.746 Mitigation credits for projects in Deschutes River Basin
Status: in_force

(1) The Water Resources Commission may by rule establish a system of credits that may be used to offset the potential interference with hydraulically connected surface waters caused by ground water withdrawals within the Deschutes River Basin to account for projects performed in the basin that make water available for mitigation.

(2) A person proposing a project that makes water available for mitigation may apply to the Water Resources Department for approval of the project and a preliminary finding as to the amount of mitigation credits available, based on the amount of water made available by the project. Projects approved by the department shall comply with all other applicable provisions of law, including relevant portions of ORS 390.835 (Highest and best use of waters within scenic waterways) , and may not result in injury to existing water rights.

(3) Intentionally left blank —Ed.

(a) The amount of mitigation credits awarded for a completed project, or any completed phase of the project, shall be equal to the amount of water made available by the project as determined and approved by the department.

(b) A final award of mitigation credits by the department shall be made upon completion of the approved project by the applicant and verification by the department that the project is complete. The department may provide for a partial award of mitigation credits to correspond with completion of approved phases of project implementation.

(c) Mitigation credits shall remain valid until exercised by the holder.

(4) The commission may by rule provide for the recognition or establishment of mitigation banks to facilitate transactions among the holders of mitigation credits and persons who desire to acquire mitigation credits. The mitigation credits may be assigned by the person creating the project to another person or a mitigation bank.

(5) The Water Resources Department shall prepare an annual report on the implementation and management of the system of mitigation credits established by subsections (1) to (4) of this section. [2001 c.659 §§2,3]

Note: Sections 1, 2, 4 and 5, chapter 669, Oregon Laws 2005, provide:

Sec. 1. Section 2 of this 2005 Act is added to and made a part of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) . [2005 c.669 §1]

Sec. 2. The Legislative Assembly declares that rules adopted by the Water Resources Commission for the Deschutes Basin ground water study area and certified effective by the Secretary of State on September 27, 2002, satisfy the requirements relating to mitigation under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) , 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) and 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) . [2005 c.669 §2]

Sec. 4. Section 2 of this 2005 Act applies to all ground water permits containing a ground water mitigation requirement, all final orders approving water right applications containing a ground water mitigation requirement, all mitigation credits, all ground water mitigation projects and all mitigation banks issued or approved in the Deschutes River Basin by the Water Resources Department or the Water Resources Commission before, on or after the effective date of this 2005 Act [July 29, 2005]. [2005 c.669 §4]

Sec. 5. (1) The Water Resources Commission shall repeal the rules referred to in section 2, chapter 669, Oregon Laws 2005, on January 2, 2029.

(2) Ground water permits and mitigation projects approved before the repeal remain valid and effective. [2005 c.669 §5; 2011 c.694 §1]

Source: Section 537.746 — Mitigation credits for projects in Deschutes River Basin; relationship to water made available; rules; annual report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 547.405 — OR Code / Title 45 / Chapter 547 / Section 547.405
547.405 Districts west of Cascades
Status: in_force

The boards of supervisors of all drainage districts lying west of the Cascade Mountains, whether or not organized under the Drainage District Act, shall have supervision and control of all drainage ditches, laterals, drains, canals, sloughs, waterways or conduits within the boundaries of their districts and may prescribe the width and grade thereof. They may construct and maintain ditches, laterals, drains, canals, sloughs, waterways or conduits within the boundaries of their districts.

Source: Section 547.405 — Districts west of Cascades; control of supervisors over improvements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.257 — OR Code / Title 45 / Chapter 545 / Section 545.257
545.257 Authority of irrigation district to acquire domestic or municipal water works
Status: in_force

When an irrigation district is authorized by the electors of the district as provided in ORS 545.305 (Election concerning acquisition of water works) and when it appears necessary, proper or beneficial to its inhabitants, the irrigation district may:

(1) Acquire by gift, lease, purchase, condemnation or other legal means, domestic and municipal water works or water systems, and property incident to the works or systems, including reservoirs, pumps, mains, stations, water, water rights and all appurtenances. As a part of a transaction of acquisition, the district may assume any outstanding obligations on the water works or water systems. However, a right of condemnation shall not be granted against property of a city.

(2) Construct, reconstruct, equip, own, maintain, operate, sell, lease and dispose of, domestic and municipal water works or systems and property, and all appurtenances incident to the works, systems or property.

(3) Furnish water for domestic and municipal uses to premises and inhabitants within its district. In connection with furnishing water for domestic and municipal use, the district may supply, furnish and sell, for the uses mentioned in this section, any surplus water over and above the domestic and municipal needs of its inhabitants, to persons or other public bodies as defined in ORS 174.109 (“Public body” defined) , either within or outside the district. However, the power to furnish water for domestic and municipal uses granted by this section shall not be exercised in such a manner as to impair the service of the district in furnishing water for irrigation purposes. [Formerly 545.110; 2003 c.802 §133]

Source: Section 545.257 — Authority of irrigation district to acquire domestic or municipal water works; assumption of obligations; sale of surplus water; impairment of irrigation service forbidden , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543.760 — OR Code / Title 45 / Chapter 543 / Section 543.760
543.760 Definition of water right
Status: in_force

As used in ORS 543.765 (Certificate to use water for hydroelectric purposes within artificial delivery system) , “water right” means a water use established by an adjudication under ORS chapter 539 as evidenced by a court decree or a certificated ground water or surface water right that is issued for some use other than for hydroelectric power and that serves as the underlying water right for an application to use water for hydroelectric purposes. [2007 c.657 §1]

Note: 543.760 (Definition of water right) and 543.765 (Certificate to use water for hydroelectric purposes within artificial delivery system) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 543.760 — Definition of water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.567 — OR Code / Title 45 / Chapter 545 / Section 545.567
545.567 Determination of liability for assessment to pay bonds
Status: in_force

After bonds have been authorized under ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) but before they are offered for sale, the board of directors shall make a preliminary determination of the area and description of irrigable land in each legal subdivision or other described tract if held in separate ownership within the district. The board shall also make a preliminary determination of the proportionate share or liability of each tract for assessment in payment of the total amount of the bonds issued. The determinations shall be for the purpose of fixing the irrigable area or, if the assessment is based on benefits, the total benefits accruing from the existing or proposed improvement to each ownership and tract, and of fixing the assessment in proportion to the benefits or irrigable area. The determination of benefits or irrigable area shall include a description of the land, name of the ownership, number or irrigable acres of each tract, proposed assessment against each tract, and such other data as may be necessary to identify the land and ownership. [Formerly 545.244]

Source: Section 545.567 — Determination of liability for assessment to pay bonds; determination on basis of irrigable area or benefits accrued , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.022 — OR Code / Title 45 / Chapter 536 / Section 536.022
536.022 Water Resources Commission
Status: in_force

(1) There is created a Water Resources Commission consisting of seven members, appointed by the Governor, one of whom the Governor shall designate as chairperson. The members appointed to the commission shall be subject to confirmation by the Senate as provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) . One member of the commission shall be appointed from each of the five regional river basin management areas set forth in subsection (3) of this section, one member shall be appointed from east of the summit of the Cascade Mountains, as defined in ORS 477.001 (Definitions) , and one member shall be appointed from west of that summit.

(2) The term of office of a member shall be four years. Before the expiration of the term of a member, the Governor shall appoint a successor to assume the retiring member’s duties on July 1 next following. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. The members of the commission shall serve at the pleasure of the Governor.

(3) For purposes of appointing members under subsection (1) of this section, the drainage basins of the state shall be divided into the following regional river basin management areas:

(a) Upper Northwest Region, consisting of the Lower and Middle Willamette, North Coast and Sandy drainage basins and that portion of the Columbia River drainage basin below Bonneville Dam.

(b) Southwest Region, consisting of the Rogue, Klamath, Goose and Summer Lakes drainage basins and that portion of the South Coast drainage basins south of the mouth of the Rogue River.

(c) West Central Region, consisting of the Umpqua, Mid Coast, Upper Willamette and that portion of the South Coast drainage basins north of the mouth of the Rogue River.

(d) North Central Region, consisting of the Umatilla, John Day, Hood and Deschutes drainage basins and that portion of the Columbia River drainage basin above Bonneville Dam.

(e) Eastern Region, consisting of the Owyhee, Malheur, Grande Ronde, Malheur Lake, Middle Snake and Powder drainage basins.

(4) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . [1985 c.673 §3; 1995 c.548 §1]

Source: Section 536.022 — Water Resources Commission; members; terms; confirmation; compensation and expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 558.300 — OR Code / Title 45 / Chapter 558 / Section 558.300
558.300 General powers of district
Status: in_force

After the date of formation, a district shall make all contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it as in ORS 558.200 (Definition of “county court.”) to 558.440 (Special elections) set out and expressed, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it. [1969 c.698 §18; 1971 c.727 §177]

Source: Section 558.300 — General powers of district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 537.515 — OR Code / Title 45 / Chapter 537 / Section 537.515
537.515 Definitions for ORS 537.505 to 537.795 and 537.992
Status: in_force

As used in ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , unless the context requires otherwise:

(1) “Altering” a well means the deepening, recasing, perforating, reperforating, the installation of packers or seals and other material changes in the design of the well.

(2) “Constructing” a well includes boring, digging, drilling or excavating and installing casing or well screens.

(3) “Converting” a well means changing the use of an existing well or hole not previously used to withdraw water such that the well or hole can be used to seek or withdraw water.

(4) “Geothermal fluid” means any ground water used for its thermal characteristics that is encountered in a well with a bottom hole temperature of less than 250 degrees Fahrenheit or any other fluid that is circulated within a well with a bottom hole temperature of less than 250 degrees Fahrenheit and used for its acquired thermal characteristics.

(5) “Ground water” means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.

(6) “Ground water reservoir” means a designated body of standing or moving ground water having exterior boundaries which may be ascertained or reasonably inferred.

(7) “Pollution” of ground water means any impairment of the natural quality of such ground water, however caused, including impairment by salines, minerals, industrial wastes, domestic wastes or sewage, whether indrafted directly or through infiltration into the ground water supply.

(8) “Public agency” means the United States or any agency thereof, the State of Oregon or any agency thereof or any county, city, district organized for public purposes or other public corporation or political subdivision of this state.

(9) “Well” means any artificial opening or artificially altered natural opening, however made, by which ground water is sought or through which ground water flows under natural pressure or is artificially withdrawn. “Well” does not include a temporary hole drilled for the purpose of gathering geotechnical ground water quality or ground water level information, a natural spring or a hole drilled for the purpose of:

(a) Prospecting, exploration or production of oil or gas;

(b) Prospecting or exploration for geothermal resources, as defined in ORS 522.005 (Definitions) ;

(c) Production of geothermal resources, as defined in ORS 522.005 (Definitions) , derived from a depth of greater than 2,000 feet; or

(d) Exploration for minerals as defined in ORS 517.750 (Definitions for ORS 517.702 to 517.989) and 517.910 (Definitions for ORS 517.910 to 517.989) .

(10) “Well drilling machine” means any power driven percussion, rotary, boring, digging or augering machine used in the construction of water wells. [1959 c.708 §3; 1961 c.334 §6; 1975 c.552 §35; 1989 c.201 §1; 1989 c.939 §1; 1991 c.200 §1; 1995 c.79 §302; 1999 c.293 §1]

Source: Section 537.515 — Definitions for ORS 537.505 to 537.795 and 537.992 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.750 — OR Code / Title 45 / Chapter 536 / Section 536.750
536.750 Powers of commission after declaration of drought
Status: in_force

(1) Notwithstanding any provision of ORS chapters 536 to 543A, after a declaration that a severe, continuing drought exists, the Water Resources Commission may:

(a) Issue without first conducting a hearing under ORS 537.170 (Contested case hearing on application) , a temporary permit for an emergency use of water;

(b) Allow a temporary change in use, place of use or point of diversion of water without complying with the notice and waiting requirements under ORS 540.520 (Application for change of use, place of use or point of diversion) ;

(c) Notwithstanding the priority of water rights, grant preference of use to rights for human consumption or stock watering use;

(d) Waive the notice requirements under ORS 537.753 (Bond or letter of credit) and the start card required under ORS 537.762 (Submitting start card before beginning work on well) ;

(e) Allow a temporary exchange of water without giving notice as required under ORS 540.535 (Notice of application for exchange) ; and

(f) Utilize an expedited notice and waiting requirement established by rule for the substitution of a supplemental ground water right for a primary water right under drought conditions in place of the notice and waiting requirement provided in ORS 540.524 (Substitution of supplemental water right from ground water source for primary water right from surface water source) .

(2) The commission by rule may establish procedures for carrying out the provisions of this section and a schedule of fees that must accompany a request under subsection (1) of this section. [1989 c.87 §3; 1999 c.873 §20; 2001 c.788 §1; 2021 c.610 §5]

Source: Section 536.750 — Powers of commission after declaration of drought; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 547.492 — OR Code / Title 45 / Chapter 547 / Section 547.492
547.492 Alternative charge or assessment method
Status: in_force

(1) The board of supervisors of a drainage district may provide by resolution for the imposition, billing and collection of charges or assessments of the district in the manner provided under ORS 545.482 (Authorization of method for billing and collecting incurred charges) , 545.484 (Computation of amount to be raised) , and 545.494 (Unpaid charge as lien on land) to 545.508 (Moneys collected) for irrigation districts. The method of collecting district charges or assessments authorized by this section shall be in lieu of the method provided for under ORS 547.455 (Annual charge or assessment) to 547.490 (Waiver of penalty or interest by certain districts) .

(2) A resolution adopted under this section may apply to charges or assessments for operation and maintenance, repairs, bond or interest payments, payments due or to become due to the United States under any contract of the district with the United States or other expenses of the district.

(3) Where, in ORS 545.482 (Authorization of method for billing and collecting incurred charges) , 545.484 (Computation of amount to be raised) and 545.494 (Unpaid charge as lien on land) to 545.508 (Moneys collected) , the board or an officer of an irrigation district is referred to, the corresponding board or officer of a drainage district shall perform the required actions. [1985 c.803 §2; 1991 c.459 §425p]

Source: Section 547.492 — Alternative charge or assessment method , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.799 — OR Code / Title 45 / Chapter 537 / Section 537.799
537.799 Survey for issuance of water right certificate
Status: in_force

Any person who has applied for or received a permit or a transfer to appropriate water under ORS 537.211 (Issuance of permit if application approved) , 537.625 (Final order) or 540.530 (Order authorizing change of use, place of use or point of diversion) on or before July 9, 1987, shall notify the Water Resources Department that the work has been completed and either:

(1) Hire a water right examiner certified under ORS 537.798 (Water right examiner certificate) to conduct a survey, the original to be submitted as required by the Water Resources Department, for issuance of a water right certificate; or

(2) Continue to appropriate water under the water right permit or transfer issued under ORS 537.211 (Issuance of permit if application approved) , 537.625 (Final order) or 540.530 (Order authorizing change of use, place of use or point of diversion) until the Water Resources Department conducts a survey and the commission issues a water right certificate under ORS 537.250 (Water right certificate) or 537.625 (Final order) . [1987 c.542 §3]

Note: See second note under 537.797 (Criteria for certification to determine work completion) .

WASTE, SPRING AND SEEPAGE WATERS

Source: Section 537.799 — Survey for issuance of water right certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.099 — OR Code / Title 45 / Chapter 537 / Section 537.099
537.099 Water use report from governmental entity
Status: in_force

(1) Except as provided in subsection (3) of this section, any governmental entity that holds a water right shall submit an annual water use report to the Water Resources Department. The report shall include, but need not be limited to the amount of water used by the governmental entity, the period of use and the categories of beneficial use to which the water is applied.

(2) As used in this section, “governmental entity” includes any state or federal agency, local government as defined in ORS 294.004 (Definitions) , irrigation district formed under ORS chapter 545 and a water control district formed under ORS chapter 553.

(3) A governmental entity that acquires land because of default in repayment of loans or other debts owed to the state is not required to file an annual water use report under this section. [1987 c.649 §3]

Source: Section 537.099 — Water use report from governmental entity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.990 — OR Code / Title 45 / Chapter 541 / Section 541.990
541.990 Penalties
Status: in_force

(1) Any person, or any officer of any firm or corporation who is found guilty of constructing any splash dam for the floating of logs or other lumber products on any stream or other body of water in the State of Oregon commits a Class A misdemeanor.

(2) Violation of ORS 541.510 (Authority of Water Resources Commission to require signs warning public of stream level fluctuation) is a Class A misdemeanor.

(3) Violation of ORS 541.545 (Compliance with orders of commission) (1) is a Class A misdemeanor. [1957 c.163 §4; subsection (2) enacted as 1959 c.624 §2; subsection (3) enacted as 1961 c.379 §9; subsection (4) enacted as 1967 c.567 §13; subsection (4) renumbered 196.990 (Penalties for unpermitted removal from or filling of waters) in 1989; 2011 c.597 §227]

Source: Section 541.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 536.740 — OR Code / Title 45 / Chapter 536 / Section 536.740
536.740 Governor’s authority to declare drought
Status: in_force

Upon finding that a need exists for statewide coordination of water resource conservation measures by municipal and other political subdivisions of this state in order to minimize problems caused by a severe shortage of water, the Governor may declare that a severe, continuing drought exists or is likely to exist. [1989 c.87 §2]

Source: Section 536.740 — Governor’s authority to declare drought , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 554.560 — OR Code / Title 45 / Chapter 554 / Section 554.560
554.560 Quorum for meeting
Status: in_force

Notwithstanding the provision of ORS 554.070 (Membership) (2) providing for a quorum to do business, the members of the corporation present shall constitute a quorum to approve or reject the application to include land in, or exclude land from, the corporation. [1963 c.103 §7]

Source: Section 554.560 — Quorum for meeting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 536.009 — OR Code / Title 45 / Chapter 536 / Section 536.009
536.009 Water Resources Department Water Right Operating Fund
Status: in_force

(1) There is established in the State Treasury the Water Resources Department Water Right Operating Fund, separate and distinct from the General Fund, to provide for the payment of the program and administrative expenses of the Water Resources Commission and the Water Resources Department in carrying out the provisions of ORS chapters 536, 537, 540 and 541. Interest earned by the fund shall be credited to the fund.

(2) The fund shall consist of:

(a) All moneys received under ORS 536.050 (Fees) and 537.747 (Water well constructor’s license) .

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

(3) All moneys in the fund are continuously appropriated to the Water Resources Department for payment of expenses as described in this section. [1989 c.758 §3; 1993 c.765 §106; 1999 c.1026 §19; 2003 c.594 §5]

Note: 536.009 (Water Resources Department Water Right Operating Fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 536.009 — Water Resources Department Water Right Operating Fund; uses; sources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).