ORS § 537.762 — OR Code / Title 45 / Chapter 537 / Section 537.762
537.762 Submitting start card before beginning work on well
Status: in_force

(1) As used in this section:

(a) “Licensed or permitted person” means a person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4).

(b) “Start card” means a form containing all information required by the Water Resources Department as a notification that a licensed or permitted person will commence work on a well.

(2) Each licensed or permitted person who has entered into a contract to construct, alter, abandon or convert a well or cause a well to be constructed, altered, abandoned or converted shall, not earlier than 60 days and not later than 72 hours before beginning work on the well, submit a start card to the department containing:

(a) The name, telephone number, electronic mail address and post-office address of the owner of the well.

(b) The approximate location of the well by county tax lot number, township, range, section and nearest quarter-quarter section.

(c) The street address nearest to the proposed well.

(d) The latitude and longitude of the well as established by a global positioning system.

(e) The proposed depth and diameter of the well.

(f) The proposed purpose or use of the ground water from the proposed well.

(g) The time frame proposed for beginning and completing the construction, alteration, abandonment or conversion.

(h) The time frame proposed for annular seal placement.

(i) The well identification label number, if assigned.

(j) The water right application, permit or certificate number, if applicable.

(k) The original well log number, if applicable.

(L) The type of work proposed.

(m) Notification of any need for special standards.

(n) The signature and license number, if applicable, of the bonded and licensed or permitted person who would undertake the work.

(o) For an existing well, the current purpose or use of the well and the existing depth and diameter of the well.

(3) The department shall furnish a convenient means for licensed or permitted persons to submit start card information under this section.

(4) A separate start card is required for each well that is constructed, altered, abandoned or converted.

(5) A start card submitted under this section shall be confidential and maintained as such for one year or until the well log required under ORS 537.765 (Log of constructing, altering, abandoning or converting well) is received by the department, whichever is earlier. Nothing in this subsection prohibits the department from using a start card for enforcement actions during the period the start card is confidential.

(6) On the date that work on the well commences, the licensed or permitted person shall, before commencing work, notify the department that the work is about to commence. If the proposed date of seal placement is not the date proposed on the start card required by this section, the licensed or permitted person shall notify the department of the change at least four hours before placing the seal.

(7) The Water Resources Commission may adopt rules establishing precision requirements and standards for global positioning system equipment used to obtain information submitted under subsection (2) of this section.

(8) Unless the licensed or permitted person submitting a start card under this section has requested and received an extension, a start card expires if construction, alteration, abandonment or conversion of a well does not begin on or before 60 days after submission of the start card. If a start card expires, a new start card and fee must be submitted in compliance with this section before construction, alteration, abandonment or conversion of the well may occur. If a start card is withdrawn before expiring, the licensed or permitted person that submitted the start card may request that the fee paid for the withdrawn start card be transferred to a new start card.

(9) The commission may establish by rule an exception to any time frame established in this section for areas requiring special standards and for any other purpose identified by the commission.

(10) The requirement in subsection (2) of this section that a licensed or permitted person must submit a start card not earlier than 60 days and not later than 72 hours before beginning work on a well does not apply:

(a) To a second or additional water well drilled on the same or a contiguous tax lot for the same landowner and for which a valid unexpired start card has been submitted pursuant to this section, if a start card for the second or additional water well is filed not later than the day the work on the water well begins.

(b) During water emergencies or casing height adjustments, if a start card is submitted before work begins.

(11) The Water Resources Director may, for good cause in exigent circumstances, waive any time frame established by this section.

(12) Each start card submitted under this section for the construction of a new well, deepening of an existing well or conversion of a well shall be accompanied by a fee of $350. A start card shall be submitted to the department by electronic means, unless the department authorizes a different means of submission.

(13) The moneys paid to the department under subsection (12) of this section shall be paid into the Water Resources Department Operating Fund. All interest, if any, from moneys received under subsection (12) of this section shall inure to the benefit of the department. Such moneys and interest earned on such moneys are continuously appropriated to the department to be used to pay the costs of the department to employ personnel to inspect wells and well construction. [Formerly 537.632; 1981 c.416 §5; 1985 c.615 §7; 1985 c.673 §69; 1987 c.109 §2; 1989 c.129 §1; 1999 c.293 §4; 2003 c.594 §3; 2005 c.156 §2; 2009 c.766 §1; 2021 c.610 §§8,9,10]

Note: The amendments to 537.762 (Submitting start card before beginning work on well) by section 10, chapter 610, Oregon Laws 2021, become operative July 1, 2024. See section 28, chapter 610, Oregon Laws 2021. The text that is operative until July 1, 2024, is set forth for the user’s convenience.

537.762 (Submitting start card before beginning work on well) . (1) As used in this section:

(a) “Licensed or permitted person” means a person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4).

(b) “Start card” means a form containing all information required by the Water Resources Department as a notification that a licensed or permitted person will commence work on a well.

(2) Each licensed or permitted person who has entered into a contract to construct, alter, abandon or convert a well or cause a well to be constructed, altered, abandoned or converted shall, not earlier than 60 days and not later than 72 hours before beginning work on the well, submit a start card to the department containing:

(a) The name, telephone number, electronic mail address and post-office address of the owner of the well.

(b) The approximate location of the well by county tax lot number, township, range, section and nearest quarter-quarter section.

(c) The street address nearest to the proposed well.

(d) The latitude and longitude of the well as established by a global positioning system.

(e) The proposed depth and diameter of the well.

(f) The proposed purpose or use of the ground water from the proposed well.

(g) The time frame proposed for beginning and completing the construction, alteration, abandonment or conversion.

(h) The time frame proposed for annular seal placement.

(i) The well identification label number, if assigned.

(j) The water right application, permit or certificate number, if applicable.

(k) The original well log number, if applicable.

(L) The type of work proposed.

(m) Notification of any need for special standards.

(n) The signature and license number, if applicable, of the bonded and licensed or permitted person who would undertake the work.

(o) For an existing well, the current purpose or use of the well and the existing depth and diameter of the well.

(3) The department shall furnish a convenient means for licensed or permitted persons to submit start card information under this section.

(4) A separate start card is required for each well that is constructed, altered, abandoned or converted.

(5) A start card submitted under this section shall be confidential and maintained as such for one year or until the well log required under ORS 537.765 (Log of constructing, altering, abandoning or converting well) is received by the department, whichever is earlier. Nothing in this subsection prohibits the department from using a start card for enforcement actions during the period the start card is confidential.

(6) On the date that work on the well commences, the licensed or permitted person shall, before commencing work, notify the department that the work is about to commence. If the proposed date of seal placement is not the date proposed on the start card required by this section, the licensed or permitted person shall notify the department of the change at least four hours before placing the seal.

(7) The Water Resources Commission may adopt rules establishing precision requirements and standards for global positioning system equipment used to obtain information submitted under subsection (2) of this section.

(8) Unless the licensed or permitted person submitting a start card under this section has requested and received an extension, a start card expires if construction, alteration, abandonment or conversion of a well does not begin on or before 60 days after submission of the start card. If a start card expires, a new start card and fee must be submitted in compliance with this section before construction, alteration, abandonment or conversion of the well may occur. If a start card is withdrawn before expiring, the licensed or permitted person that submitted the start card may request that the fee paid for the withdrawn start card be transferred to a new start card.

(9) The commission may establish by rule an exception to any time frame established in this section for areas requiring special standards and for any other purpose identified by the commission.

(10) The requirement in subsection (2) of this section that a licensed or permitted person must submit a start card not later than 72 hours before beginning work on a well does not apply:

(a) To a second or additional water well drilled on the same or a contiguous tax lot for the same landowner and for which a valid unexpired start card has been submitted pursuant to this section, if a start card for the second or additional water well is filed not later than the day the work on the water well begins.

(b) During water emergencies or casing height adjustments, if a start card is submitted before work begins.

(11) The Water Resources Director may, for good cause in exigent circumstances, waive any time frame established by this section.

(12) Each start card submitted under this section for the construction of a new well, deepening of an existing well or conversion of a well shall be accompanied by a fee of $350.

(13) The moneys paid to the department under subsection (12) of this section shall be paid into the Water Resources Department Operating Fund. All interest, if any, from moneys received under subsection (12) of this section shall inure to the benefit of the department. Such moneys and interest earned on such moneys are continuously appropriated to the department to be used to pay the costs of the department to employ personnel to inspect wells and well construction.

Source: Section 537.762 — Submitting start card before beginning work on well; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 553.510 — OR Code / Title 45 / Chapter 553 / Section 553.510
553.510 Special assessments
Status: in_force

In order to raise the funds required by a district for the construction, purchase, operation, maintenance and improvement of works and facilities for purposes set forth in ORS 553.020 (Creation of water control districts) in any subdistrict, and in order to pay the general overhead and other expenses of a district which are not chargeable directly to any subdistrict, the lands benefited by any or all of such types of works and by the operation of the district shall be subject to special assessments of the following classes:

(1) A preliminary assessment, which shall be levied for the purpose of defraying the expenses incurred by the district for organization of the district, for organization of subdistricts, and for defraying overhead costs and other expenses including purchases of rights of way, acquisition of land and payment of fees and services as may be incurred by the district prior to the time that construction assessments are levied or a tax is levied. A preliminary assessment shall be apportioned on the basis of the assessed valuation of property in the district. A preliminary assessment shall be not more than five-hundredths of one percent (0.0005) of the real market value of all taxable property within the district computed in accordance with ORS 308.207 (Computation of real market value for taxing or bonding limitations) . No district shall levy a preliminary assessment for more than three years.

(2) A construction assessment, which shall be levied for the purpose of defraying the cost of constructing or purchasing the works in each subdistrict. The construction assessment shall be levied as soon as the board is able to determine the probable cost of constructing or purchasing the works described in the engineering plan for a subdistrict or a construction assessment may be levied for the construction or purchase of works in accordance with any loan agreement with the government of the United States or the State of Oregon for money to be used in the construction or purchase of such works or in accordance with a purchase agreement entered into with the seller of such works. All construction assessments shall be paid in 10 equal annual installments and shall bear interest at a rate not to exceed six percent per annum until paid from the date the first installment of the assessment is due. Any landowner may make advance payments on the construction assessment levied against the lands of the landowner. The board may, in its discretion, decrease the amount of any annual installment and spread the payment of the construction assessment over a period longer than 10 years. Such decrease shall apply uniformly to all lands within the subdistrict. Whenever the board determines that the original construction assessment is not in an amount sufficient to pay the cost of constructing or purchasing the works described in the engineering plan for the subdistrict, the board shall assess a second construction assessment.

(3) A maintenance and operation assessment, which shall be levied for the purpose of defraying the cost of maintaining and operating the works constructed within any subdistrict. On or before November 1 of each year the board shall determine the probable cost of maintaining and operating the works within each subdistrict during the ensuing calendar year.

(4) An improvement assessment, which shall be levied for the purpose of defraying the cost of making improvements within a subdistrict. On or before November 1 of each year the board shall determine the probable cost of making any necessary improvements to any completed works within each subdistrict. No improvement assessment levied in any one year shall be greater in amount than one percent of all construction assessments levied against the same tract of land. In case of an emergency the board may, upon the approval of the owners of over half of the lands affected, levy, assess and collect a special improvement assessment. The board may, in its discretion, levy an improvement assessment within the limitations above provided in order to accumulate a fund to make improvements in future years. [Amended by 1959 c.605 §1; 1961 c.186 §8; 1965 c.623 §13; 1969 c.691 §8; 1991 c.459 §431]

Source: Section 553.510 — Special assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 545.521 — OR Code / Title 45 / Chapter 545 / Section 545.521
545.521 Bonds of districts organized before 1925 with indebtedness of $50,000
Status: in_force

(1) When an irrigation district organized prior to 1925 has an outstanding bonded debt in excess of $50,000, if no actual construction of irrigation works has commenced, the irrigation district shall not create a further bonded debt, except from the issuance of refunding bonds, until the bonds outstanding and bonds issued to refund the outstanding bonds have been called and redeemed, or further refunded as a part of new proceedings taken to finance the construction of irrigation works.

(2) The district may issue refunding bonds to redeem or replace any of its outstanding bonds. The bonds may bear interest at a rate not exceeding six percent each year. The district shall sell the refunding bonds for not less than par value, after notice published for at least two weeks in a newspaper printed and published within the county in which the district is located. The proceeds of the sale shall be applied in payment of matured or maturing bonds. If the district receives no qualifying bids for the refunding bonds they may be exchanged on a par-for-par basis for the matured or maturing bonds. The refunding bonds shall have serial maturity dates, not exceeding 20 years from issue date, as the board of directors shall specify. However, the board may issue the bonds with optional dates of redemption, and may provide for their calling and retirement upon such interest payment dates as are indicated on the bonds. Notice of intention to redeem the bonds shall consist of a notice from the secretary of the district published within the county in which the district is located, or a direct notice from the secretary to the owner of the bonds, if known. The issuance of the refunding bonds shall not require an election of the voters of the district but shall be done by resolution of the board of directors. [Formerly 545.218]

Source: Section 545.521 — Bonds of districts organized before 1925 with indebtedness of $50,000; retirement of outstanding bonds as condition of further indebtedness; authorization and sale of refunding bonds; application of proceeds; redemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.285 — OR Code / Title 45 / Chapter 537 / Section 537.285
537.285 Municipal applicant may develop hydroelectric project jointly with private person
Status: in_force

A municipal applicant may contract with a private person for the purpose of generating hydroelectric power. The municipal applicant shall retain sufficient benefit and interest in, and control of a joint project as necessary for the project to be considered a municipal project. A municipal applicant and a private person developing a joint project under this chapter must comply with the rules adopted by the Water Resources Commission under ORS 537.287 (Rules for joint project of municipal applicant and private person) . [1985 c.392 §3]

Source: Section 537.285 — Municipal applicant may develop hydroelectric project jointly with private person; restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.940 — OR Code / Title 45 / Chapter 541 / Section 541.940
541.940 Parks and Natural Resources Fund
Status: in_force

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Parks and Natural Resources Fund to be administered by the Oregon Department of Administrative Services. All moneys transferred from the State Lottery Fund and all other moneys authorized to be transferred to the Parks and Natural Resources Fund from whatever source are appropriated continuously for the public purposes of restoring and protecting Oregon’s parks, beaches, watersheds and native fish and wildlife habitats. Fifteen percent of the net proceeds from the Oregon State Lottery shall be deposited in the Parks and Natural Resources Fund created under this subsection.

(2) The Legislative Assembly may not limit expenditures from the Parks and Natural Resources Fund. The Legislative Assembly may appropriate other moneys or revenues to the Parks and Natural Resources Fund. [Formerly 541.377]

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

Source: Section 541.940 — Parks and Natural Resources Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.580 — OR Code / Title 45 / Chapter 554 / Section 554.580
554.580 Condition of approval of inclusion
Status: in_force

(1) As a condition to approval of an application, if the meeting is on an application to include lands, the members may require the applicant to agree to pay a pro rata share of all unpaid obligations incurred for improvements which the applicant would have been required to pay if the land of the applicant had been in the corporation from its formation or from the time the obligations were incurred.

(2) From the date of filing articles of amendment with the Secretary of State, providing for the inclusion of such lands they shall be liable for obligations incurred and assessments levied. [1963 c.103 §9]

Source: Section 554.580 — Condition of approval of inclusion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 538.150 — OR Code / Title 45 / Chapter 538 / Section 538.150
538.150 Hackett Creek, Clackamas County, and tributaries
Status: in_force

The waters of Hackett Creek, a tributary of the Sandy River located in Clackamas County, and of the tributaries of Hackett Creek, are withdrawn from appropriation or condemnation and shall not be diverted or interrupted for any purpose whatsoever, except for protecting fish life therein by the State Fish and Wildlife Commission.

Source: Section 538.150 — Hackett Creek, Clackamas County, and tributaries; appropriation, condemnation and diversion prohibited; protection of fish , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 541.935 — OR Code / Title 45 / Chapter 541 / Section 541.935
541.935 Oregon Plan for Salmon and Watersheds Legal Fund
Status: in_force

There is hereby established in the State Treasury the Oregon Plan for Salmon and Watersheds Legal Fund for the purpose of funding the activities of the Department of Justice in providing legal advice to or appearing on behalf of a state agency that takes, funds or authorizes actions when those actions are challenged under the federal Endangered Species Act (16 U.S.C. 1531 et seq.), as amended, or the Federal Water Pollution Control Act (P.L. 92-500), as amended, to the limits of the fund. The fund created by this section shall consist of all moneys received on behalf of the fund by gift, grant or appropriation, from whatever source. Moneys in the fund are continuously appropriated to the Department of Justice for the uses described in this section. Such uses may include, but need not be limited to, participation in a legal proceeding involving an action taken by a citizen or political subdivision of this state, where that action is authorized or funded by this state, and where:

(1) The state agency that authorizes or funds the action:

(a) Determines that the action is consistent with the Oregon Plan and is in compliance with applicable state laws; and

(b) Recommends to the Attorney General that the state participate in such legal challenge; and

(2) The Attorney General, after consulting with the Governor, the President of the Senate and the Speaker of the House of Representatives, determines that such participation is in the best strategic interest of the state. [Formerly 541.415]

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

Source: Section 541.935 — Oregon Plan for Salmon and Watersheds Legal Fund; sources; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.972 — OR Code / Title 45 / Chapter 541 / Section 541.972
541.972 Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan
Status: in_force

(1) The Oregon Watershed Enhancement Board shall, by January 15 of each even-numbered year, submit a report to the Governor and to the appropriate committee or committees of the Legislative Assembly that assesses the implementation and effectiveness of the Oregon Plan in the state. The report shall address each drainage basin in the state and shall include, but need not be limited to:

(a) An assessment of data and information needs deemed critical to monitoring and evaluating watershed and habitat enhancement programs and efforts;

(b) An overview of state agency programs addressing watershed conditions;

(c) An overview of voluntary restoration activities addressing watershed conditions;

(d) A summary of investments made by the board from funds received under Article XV, section 4b, of the Oregon Constitution, and all other sources; and

(e) The recommendations of the board for enhancing the effectiveness of Oregon Plan implementation.

(2) Each natural resources agency shall provide information that the board requests for purposes of preparing the report described in subsection (1) of this section. An agency shall provide the information in the format and at the times determined by the board.

(3) For purposes of this section, “natural resources agency” includes:

(a) Department of Environmental Quality;

(b) State Department of Agriculture;

(c) State Department of Fish and Wildlife;

(d) State Forestry Department;

(e) Department of State Lands;

(f) Water Resources Department;

(g) Department of Land Conservation and Development;

(h) State Department of Geology and Mineral Industries;

(i) Oregon Watershed Enhancement Board;

(j) Fish and Wildlife Division of the Department of State Police;

(k) Department of Transportation;

(L) State Parks and Recreation Department;

(m) Oregon Business Development Department;

(n) State Marine Board; and

(o) Any other state agency that is required to manage, allocate or protect natural resources, either as the primary responsibility of the agency or in conjunction with the primary responsibilities of the agency.

(4) In addition to the report specified under subsection (1) of this section, the Oregon Watershed Enhancement Board shall report regularly during the interim on the implementation of the Oregon Plan to the appropriate legislative committee. [Formerly 541.420; 2017 c.14 §6]

Note: 541.972 (Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan) 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 541.972 — Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.131 — OR Code / Title 45 / Chapter 537 / Section 537.131
537.131 Reclaimed water
Status: in_force

As used in ORS 537.132 (Exemption from permit requirement for use of reclaimed water) , 540.510 (Appurtenancy of water to premises) and 540.610 (Use as measure of water right) , “reclaimed water” means water that has been used for municipal purposes and after such use has been treated in a treatment works as defined in ORS 454.010 (Definitions for ORS 454.010 to 454.040) , and that, as a result of treatment, is suitable for a direct beneficial purpose or a controlled use that could not otherwise occur. [1991 c.370 §2; 1997 c.244 §1]

Note: 537.131 (Reclaimed water) was added to and made a part of ORS chapter 537 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.131 — Reclaimed water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543a.125 — OR Code / Title 45 / Chapter 543a / Section 543a.125
543A.125 Approval or rejection of application for reauthorization
Status: in_force

(1) Subject to the provisions of subsection (2) of this section and ORS 543A.130 (Contested case hearing) and 543A.140 (Terms, limitations and conditions of water right) , the Water Resources Department shall approve all applications for reauthorization of a water right for the use of water for hydroelectric purposes made in proper form, unless the proposed reauthorization conflicts with existing rights.

(2) The department shall reject any application for a permit to appropriate water to develop hydroelectric power if the department finds that the proposed project does not comply with the standards set forth in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) or rules adopted by the Water Resources Commission under ORS 543A.025 (Minimum standards for decision on reauthorization of water right) . [1997 c.449 §24]

Source: Section 543A.125 — Approval or rejection of application for reauthorization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 558.325 — OR Code / Title 45 / Chapter 558 / Section 558.325
558.325 Cooperative agreements between districts
Status: in_force

Weather modification districts organized under ORS 558.200 (Definition of “county court.”) to 558.440 (Special elections) may enter into cooperative agreements with each other providing for the joint use or control of facilities for weather modification. [1969 c.698 §28]

Source: Section 558.325 — Cooperative agreements between districts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 545.482 — OR Code / Title 45 / Chapter 545 / Section 545.482
545.482 Authorization of method for billing and collecting incurred charges
Status: in_force

The board of directors, by resolution, may provide for the billing and collection of incurred charges of the district in the manner provided in ORS 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) , in lieu of the method provided for in ORS 545.381 (Annual assessments) to 545.397 (Districts developed by units) , 545.413 (Record of assessments and apportionments) to 545.422 (Nonperformance by board) and 545.683 (Submission of claims to board) . A resolution under this section may be adopted either before or after the district has commenced to deliver water through all or any part of its canal or distribution system. If the consent of all the holders of outstanding bonds of the district has been obtained, the resolution may provide for the collection of incurred charges for the purpose of retiring bonds and payment of interest on the bonds, or any part of the bonds. [Amended by 1959 c.223 §1; 1987 c.694 §1; 1991 c.459 §423c; 1993 c.270 §70; 1995 c.42 §112; 2001 c.476 §1]

Source: Section 545.482 — Authorization of method for billing and collecting incurred charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.657 — OR Code / Title 45 / Chapter 541 / Section 541.657
541.657 Exemptions for certain expenditures of moneys from Water Supply Development Account
Status: in_force

An expenditure of moneys from the Water Supply Development Account is not subject to any application process or public benefit scoring or ranking under ORS 541.663 (Preapplication conferences) , 541.666 (Form and contents of loan or grant applications) , 541.669 (Scoring and ranking of projects) , 541.673 (Evaluation for public benefits of project) or 541.677 (Target outcomes for scoring and ranking criteria) if the expenditure is for a purpose:

(1) Specifically identified in an appropriation to the account from the General Fund for carrying out the purpose; or

(2) Specifically identified in legislation that authorizes a transfer of lottery bond proceeds to the account for carrying out the purpose. [2017 c.725 §20; 2020 s.s.2 c.10 §64]

Note: 541.657 (Exemptions for certain expenditures of moneys from Water Supply Development Account) 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 541.657 — Exemptions for certain expenditures of moneys from Water Supply Development Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 547.575 — OR Code / Title 45 / Chapter 547 / Section 547.575
547.575 Bond fund account
Status: in_force

The treasurer shall keep a bond fund account into which shall be covered all moneys arising from the sale of refunding bonds and sufficient money arising from assessment and levy to meet the next installment of principal and interest upon the bonds of the district. From the fund the treasurer shall pay the principal and interest on bonds as they mature and the bonds and interest coupons are presented. Moneys received from the sale of bonds other than refunding bonds, and otherwise for the construction and acquisition of works and all other moneys whatsoever shall be covered into a general fund from which shall be defrayed all obligations of the district other than those in this section above described.

Source: Section 547.575 — Bond fund account; general fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 536.480 — OR Code / Title 45 / Chapter 536 / Section 536.480
536.480 Making available information concerning water resources
Status: in_force

The Water Resources Commission, insofar as practicable, shall make available, free or at cost, to the public and to any state agency or public corporation of this or any other state, any interstate agency or any agency of the federal government, information concerning the water resources of this state or the functions of the commission as provided by law, including information relating to the state water resources policy, to any plan or program devised by the commission for the development of the water resources of this state, to the results of any investigation, survey or study conducted by the commission and to the results of any hearing held by the commission. [1955 c.707 §23]

Source: Section 536.480 — Making available information concerning water resources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 543a.140 — OR Code / Title 45 / Chapter 543a / Section 543a.140
543A.140 Terms, limitations and conditions of water right
Status: in_force

(1) The Water Resources Department may issue a water right to any applicant for reauthorization of a federally licensed project whose proposed water use complies with the standards set forth in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) . Every water right for a federally licensed project shall provide as a condition that the water right holder may not operate the federally licensed project unless the water right holder is authorized to operate the project by the Federal Energy Regulatory Commission.

(2) The department may approve an application for reauthorization for less water than applied for, or upon terms, limitations and conditions necessary for the protection of the public interest. [1997 c.449 §28]

Source: Section 543A.140 — Terms, limitations and conditions of water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 541.745 — OR Code / Title 45 / Chapter 541 / Section 541.745
541.745 Remedies of commission when water developer fails to comply with contract
Status: in_force

If a water developer fails to comply with a contract entered into with the Water Resources Commission for construction and repayment as provided in ORS 541.730 (Loan contract) , the commission, in addition to remedies provided in ORS 541.740 (Liens and other loan security) , may seek other appropriate legal remedies to secure the loan and may contract with any other water developer as provided in ORS 541.730 (Loan contract) for continuance of construction and for repayment of moneys from the Water Development Fund used to continue construction and interest on the moneys. [1977 c.246 §8; 1981 c.166 §4; 1985 c.673 §119]

Source: Section 541.745 — Remedies of commission when water developer fails to comply with contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.409 — OR Code / Title 45 / Chapter 537 / Section 537.409
537.409 Alternate permit application process for qualifying reservoirs
Status: in_force

(1) In lieu of the process set forth in ORS 537.140 (Application for permit) to 537.211 (Issuance of permit if application approved) for applying for a water right permit, an owner of a reservoir may submit an application to the Water Resources Department to issue a water right permit under ORS 537.211 (Issuance of permit if application approved) or a certificate under ORS 537.250 (Water right certificate) according to the process set forth in this section if the reservoir:

(a) Has a storage capacity of less than 9.2 acre-feet or a dam or impoundment structure less than 10 feet in height;

(b) Does not injure any existing water right;

(c) Does not pose a significant detrimental impact to existing fishery resources as determined on the basis of information submitted by the State Department of Fish and Wildlife; and

(d) Is not prohibited under ORS 390.835 (Highest and best use of waters within scenic waterways) .

(2) An application for a water right permit for a reservoir under subsection (1) of this section shall provide sufficient information to demonstrate compliance with the criteria set forth in subsection (1) of this section. The application shall:

(a) Include the quantity of water to be stored by the reservoir, a map indicating the location of the reservoir and the source of the water used to fill the reservoir; and

(b) Be accompanied by the fee established in ORS 536.050 (Fees) (1)(q).

(3) The map required under subsection (2) of this section need not be prepared by a water right examiner certified under ORS 537.798 (Water right examiner certificate) . The map submitted with the application shall comply with standards established by the Water Resources Commission.

(4) Within 60 days after receiving an application under subsection (1) of this section, the Water Resources Department shall provide public notice of the application in the manner the department determines to be the most appropriate.

(5) Within 60 days after the department provides public notice under subsection (4) of this section, any person may submit detailed, legally obtained information in writing, requesting the department to deny the application for a permit on the basis that the reservoir:

(a) Would result in injury to an existing water right; or

(b) Would pose a significant detrimental impact to existing fishery resources.

(6) In accordance with rules established by the Water Resources Commission for an expedited public interest review process for applications submitted under this section or in response to a request under subsection (5) of this section, the department shall conduct a public interest review of the reservoir application. The review shall be limited to issues pertaining to:

(a) Water availability;

(b) Potential detrimental impact to existing fishery resources; and

(c) Potential injury to existing water rights.

(7) Within 180 days after the department receives an application for a permit under subsection (1) of this section, the department shall issue a final order granting or denying the permit or granting the permit with conditions.

(8) If the department issues an order under subsection (7) of this section denying the permit, the applicant may request a contested case hearing, which shall be conducted in accordance with applicable provisions of ORS chapter 183.

(9) If the department does not find injury or impact under subsection (6) of this section and the department issues a final order under subsection (7) of this section allowing the issuance of a permit, the order shall be subject to judicial review of orders in other than contested cases as provided in ORS chapter 183.

(10) Notwithstanding the requirement for a survey under ORS 537.230 (Time allowed for construction of irrigation or other work) , a survey of the appropriation is not required for a reservoir that has a storage capacity of less than 9.2 acre-feet of water. For a reservoir qualifying under this subsection, a permittee shall submit to the department a claim of beneficial use within one year after the date of completion of construction. A claim of beneficial use for a reservoir qualifying under this subsection shall require only a written affidavit signed by the permittee that includes the following:

(a) The dimensions of the reservoir.

(b) The maximum capacity of the reservoir in acre-feet.

(c) A map identifying the location of the reservoir. The map shall comply with standards established by the Water Resources Commission. The map required under this subsection need not be prepared by a water right examiner certified under ORS 537.798 (Water right examiner certificate) .

(11) Any person applying for a secondary permit for the use of stored water from a reservoir qualifying under subsection (10) of this section shall submit a survey prepared by a water right examiner certified under ORS 537.798 (Water right examiner certificate) . The survey required under this subsection shall apply to the storage reservoir and to the secondary use of the water in the reservoir. [1995 c.752 §4; 1997 c.446 §5; 1997 c.502 §2; 1997 c.587 §7; 2005 c.410 §4; 2017 c.704 §3]

Source: Section 537.409 — Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.307 — OR Code / Title 45 / Chapter 545 / Section 545.307
545.307 Investment of surplus funds in federal or state bonds
Status: in_force

When there are surplus funds not necessary for the payment of current obligations of the district in any construction fund, operation and maintenance fund, sinking fund, United States Contract Fund, State of Oregon Contract Fund, emergency fund or any other fund of the district, the board of directors of an irrigation district may invest the surplus funds in bonds of the United States or the State of Oregon. The district may hold and dispose of the bonds at such times as may be necessary to the conduct of the business and affairs of the district. [Formerly 545.224]

Source: Section 545.307 — Investment of surplus funds in federal or state bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.025 — OR Code / Title 45 / Chapter 547 / Section 547.025
547.025 Filing of objections
Status: in_force

On or before the date set for the hearing, any person objecting to the organization and incorporation of the district may appear and file a writing setting forth specifically and definitely any objections thereto.

Source: Section 547.025 — Filing of objections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 558.320 — OR Code / Title 45 / Chapter 558 / Section 558.320
558.320 Duty to carry liability insurance
Status: in_force

A weather modification district shall obtain not later than the 60th day after the date of the election forming such district and before beginning any weather modification activities liability insurance coverage of not less than $500,000 bodily injury and $500,000 property damage, to reimburse persons for damages arising from weather modification activities. [1969 c.698 §61]

Source: Section 558.320 — Duty to carry liability insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 552.223 — OR Code / Title 45 / Chapter 552 / Section 552.223
552.223 Duties of district board
Status: in_force

A district board shall:

(1) Manage and conduct the affairs of the district.

(2) Employ and appoint agents and employees, prescribe their duties and fix their compensation.

(3) Establish reasonable rules and regulations for the administration of the affairs of the district.

(4) Withhold deliveries of water to lands upon which there are delinquent assessments or charges.

(5) Establish and maintain funds and accounts for the funds of the district and of any subdistrict.

(6) Obtain an annual audit of the books of the district.

(7) Fix the location of the principal office of the district at some convenient place within or without the district.

(8) Keep a record of all of the proceedings of the district board.

(9) Furnish a record book to the county clerk of each county in which lands within the district are located, in which shall be recorded all contracts executed under ORS 552.618 (Effect of irrigation contract) and 552.670 (Loan contracts with state or federal agencies) , all orders levying assessments and creating subdistricts, and other documents required by law to be recorded. [1969 c.606 §20; 1971 c.23 §10]

Source: Section 552.223 — Duties of district board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.190 — OR Code / Title 45 / Chapter 537 / Section 537.190
537.190 Terms and conditions of approval
Status: in_force

(1) The Water Resources Department may approve an application for less water than applied for, or upon terms, limitations and conditions necessary for the protection of the public interest, including terms, limitations and conditions relating to the release of water from an impoundment or diversion structure necessary to prevent rapid fluctuation in the stream level below the structure which may create a hazard to life or property, if there exists substantial reason therefor. In any event the department shall not approve an application for more water than can be applied to a beneficial use.

(2) The department may approve an application for a municipal water supply to the exclusion of all subsequent appropriations, if the exigencies of the case demand.

(3) When conditions beyond the control of the owner or operator of an impoundment or diversion structure, to which terms, limitations and conditions made as provided in subsection (1) of this section relate, threaten the safety of the structure and the release of water from the structure contrary to such terms, limitations and conditions is or may be necessary to remove the threat:

(a) The terms, limitations and conditions shall not apply to such release of water.

(b) The owner, operator or person in immediate charge of the structure shall immediately notify the department by telegraph or telephone of the situation.

(c) The owner, operator or person in immediate charge of the structure shall immediately notify, to the best of the person’s ability, those persons whose life or property may be threatened by the release of water. [Amended by 1959 c.624 §3; subsection (3) enacted as 1959 c.624 §5; 1985 c.673 §32; 1995 c.416 §15]

Source: Section 537.190 — Terms and conditions of approval; municipal water supplies; release of stored water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.880 — OR Code / Title 45 / Chapter 537 / Section 537.880
537.880 Policy
Status: in_force

(1) The activity of drilling geotechnical holes is declared to be an activity affecting the public welfare, health and safety. In order to enable this state to protect the welfare, health and safety of its citizens, any person that drills a geotechnical hole shall keep a log of each geotechnical hole that is drilled and submit a report to the Water Resources Commission within 30 days after the completion of the drilling.

(2) This section applies to geotechnical holes that are:

(a) Greater than 18 feet deep;

(b) Within 50 feet of a water supply or a monitoring well;

(c) Used to determine water quality and open less than 72 hours; or

(d) Drilled in an area known or reasonably suspected to be contaminated. [2009 c.767 §2]

Source: Section 537.880 — Policy; log requirement; reporting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.541 — OR Code / Title 45 / Chapter 545 / Section 545.541
545.541 Retirement of bonds prior to maturity
Status: in_force

(1) If, after 10 years from the issuance of bonds, the appropriate fund amounts to $10,000, the board of directors may direct the district treasurer or county treasurer of the principal county, as defined in ORS 198.705 (Definitions for ORS 198.705 to 198.955) , if designated in the bonds, to pay that amount of the bonds not due as the money in the fund will redeem at the lowest value at which they may be offered for liquidation, or the board may call bonds at a premium of three percent, as provided in subsection (2) of this section.

(2) The board may call for payment and retire before maturity any bonds issued in accordance with ORS 545.511 (Authorization of bonds, including refunding bonds) , 545.513 (Resubmission of questions to electors) , 545.515 (Bonds) , 545.517 (Bonds securing payments to United States) and 545.519 (Issuance of bonds) , by paying principal and accrued interest and a premium of three percent upon the principal. Notice of intention to do so shall be given by publication in a newspaper published and regularly circulated in the county in which the district lands are situated. The notice shall be printed at least once a week for four successive weeks, beginning not less than 90 days prior to an interest-paying period. The notice shall state the number and amount of the bonds to be retired, the price to be paid, the date of payment and the place where payment is to be made. Bonds shall be retired in numerical order in the manner specified in the bonds. Newspaper publication of notice of redemption is not required for bonds that are in registered form. Bonds shall not be retired under this section except on a day when interest is payable by the terms of the bonds and on and after the date named in the notice. Interest on bonds described in the notice shall cease after the date named in the notice.

(3) Notwithstanding anything contained in this section, the board may issue bonds in the manner prescribed in ORS chapter 287A. [Formerly 545.214; 1997 c.171 §20; 2007 c.783 §218]

Source: Section 545.541 — Retirement of bonds prior to maturity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.310 — OR Code / Title 45 / Chapter 540 / Section 540.310
540.310 Ditches and canals
Status: in_force

(1) The owner of any ditch or canal shall maintain to the satisfaction of the Water Resources Commission a substantial headgate at the point where the water is diverted. It shall be of such construction that it can be locked and kept closed by the watermaster.

(2) The owner shall construct and maintain, when required by the commission, suitable measuring devices at such points along the ditch as may be necessary to assist the watermaster in determining the amount of water that is to be diverted into the ditch from the stream, or taken from it by the various users.

(3) When necessary for the protection of other water users, the commission may require flumes to be installed along the line of any ditch. [Amended by 1985 c.673 §84]

Source: Section 540.310 — Ditches and canals; headgates; measuring devices; flumes along lines of ditches , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 545.033 — OR Code / Title 45 / Chapter 545 / Section 545.033
545.033 Naming and division of districts
Status: in_force

(1) The order of the county court shall designate the name of the district. The name of the district may be changed by the county court at any time thereafter upon petition of the board of directors of the district accompanied by either the consent, in writing, of a majority of the owners of lands within the district or by the certificate of the secretary of the district certifying that, at a regular or special election called and held in the district for any purpose provided by law, the proposed change of name was approved by a majority of the electors voting upon the question of change of name. The secretary of the district shall cause a certified copy of the order to be recorded in the office of the county clerk of the county or counties in which the district is located.

(2) If the petition provides for a five-member board of directors or provides for a three-member board of directors for a subdivided district, the county court shall divide the district into the required number of divisions. Each division shall be as nearly equal as practicable in the number of acres that will be subject to the charges or assessments of the district. The county court shall define and particularly describe division boundaries and make use, insofar as may be desirable, of any natural boundaries that may exist in the district. The divisions shall be numbered. [Formerly 545.008; 1999 c.452 §6]

Source: Section 545.033 — Naming and division of districts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.025 — OR Code / Title 45 / Chapter 536 / Section 536.025
536.025 Duty of commission
Status: in_force

(1) It is the function of the Water Resources Commission to establish the policies for the operation of the Water Resources Department in a manner consistent with the policies and purposes of ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability) , 537.525 (Policy) , 541.010 (Furnishing of water for certain purposes declared to be a public use) to 541.320 (Decrees adjudicating rights) , 541.386 (Dams and use of water for hydroelectric generation on North Umpqua prohibited) , 541.430 (Use of machinery by riparian owner to raise water) to 541.545 (Compliance with orders of commission) and 541.700 (Definitions for ORS 541.700 to 541.855) to 541.990 (Penalties) and ORS chapters 536 to 540, 542 and 543. In addition, the commission shall perform any other duty vested in it by law.

(2) Except for the commission’s power to adopt rules, the commission may delegate to the Water Resources Director the exercise or discharge in the commission’s name of any power, duty or function of whatever character, vested in or imposed by law upon the commission. The official act of the director acting in the commission’s name and by the commission’s authority shall be considered to be an official act of the commission.

(3) The commission may delegate to the director the authority to conduct a public hearing relating to the adoption or amendment of a basin program as provided in ORS 536.300 (Formulation of state water resources program) . However, the commission may not delegate to the director the authority to adopt or amend a basin program. [1985 c.673 §4]

Source: Section 536.025 — Duty of commission; delegation to Water Resources Director; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 545.188 — OR Code / Title 45 / Chapter 545 / Section 545.188
545.188 Filling vacancy in office of director
Status: in_force

If the office of director of a board of directors of an irrigation district becomes vacant for any reason, notwithstanding ORS 198.320 (Filling of vacancies on governing bodies of certain districts) , the remaining directors on the board shall:

(1) If the district has been divided, appoint a resident of the State of Oregon who is a bona fide owner, or a shareholder of a bona fide corporate owner, of land situated in the division to serve until the annual meeting next following an election to fill the vacancy. The electors of the division shall elect a successor, from within the division, to replace the appointed director, who shall take office at the annual meeting next following the election and shall serve the remainder of the term of the director who vacated the office.

(2) If the district has not been divided, appoint a resident of the State of Oregon who is a bona fide owner, or a shareholder of a bona fide corporate owner, of land situated in the district to serve until the annual meeting next following an election to fill the vacancy. The electors of the district shall elect a successor, at large, to replace the appointed director, who shall take office at the annual meeting next following the election and shall serve the remainder of the term of the director who vacated the office. [2009 c.282 §2]

Source: Section 545.188 — Filling vacancy in office of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.310 — OR Code / Title 45 / Chapter 541 / Section 541.310
541.310 Suits for determination of rights
Status: in_force

In any suit wherein the state is a party, for determination of a right to the use of the waters of any stream system, all who claim the right to use the waters shall be made parties. When any such suit has been filed the court shall call upon the Water Resources Commission to make or furnish a complete hydrographic survey of the stream system as provided in ORS 541.220 (Survey of stream system) , in order to obtain all data necessary to the determination of the rights involved. The disbursements made in litigating the rights involved in the suit shall be taxed by the court as in other equity suits. [Amended by 1985 c.673 §102]

Source: Section 541.310 — Suits for determination of rights; parties; survey of stream; disbursements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.992 — OR Code / Title 45 / Chapter 537 / Section 537.992
537.992 Civil penalties
Status: repealed

(1) In addition to any other remedy provided by law, the Water Resources Commission may impose a civil penalty against any person who, in the construction of a well, violates any provision of ORS 537.747 (Water well constructor’s license) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , or any rule promulgated pursuant thereto. A civil penalty shall be in an amount determined by the commission in accordance with the rules adopted under subsection (2) of this section. However, the commission shall not impose a civil penalty under this section if the commission, by exercising other authority granted under ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , causes the person to comply with the provisions of ORS 537.747 (Water well constructor’s license) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) or rules adopted thereunder.

(2) The commission shall adopt by rule a schedule of penalties for violation of ORS 537.747 (Water well constructor’s license) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) , not to exceed $1,000 for each occurrence defined in the rules as a major violation, and not to exceed $250 for each occurrence defined in the rules as a minor violation. Under no circumstances may a penalty for a violation of ORS 537.762 (Submitting start card before beginning work on well) or 537.765 (Log of constructing, altering, abandoning or converting well) exceed $250.

(3) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) .

(4) All amounts recovered under this section shall be deposited in the General Fund. [Formerly 537.792]

Note: Sections 1 to 4, chapter 518, Oregon Laws 2023, provide:

Sec. 1. If the Water Resources Department has information that a person has engaged in any activity that is in violation of ORS 537.130 (Permit to appropriate water required) , 537.535 (Unlawful use or appropriation of ground water, including well construction and operation) , 540.710 (Interference with headgate, or use of water denied by watermaster or other authority) or 540.720 (Unauthorized use or waste of water) , in addition to any other available remedies, the department may apply to the Circuit Court for Marion County, or to the circuit court for any county in which the activity has occurred, for a temporary or permanent injunction requiring the person to:

(1) Refrain from the activity; and

(2) Take any actions necessary to remedy the violation or any threat to water supplies, public health or public safety resulting from the violation. [2023 c.518 §1]

Sec. 2. Section 1 of this 2023 Act is repealed on January 2, 2030. [2023 c.518 §2]

Sec. 3. (1) On or before September 15, 2028, the Water Resources Department shall report, in the manner prescribed in ORS 192.245 (Form of report to legislature) , to a committee or interim committee of the Legislative Assembly related to water on the department’s use of injunctive authority pursuant to section 1 of this 2023 Act.

(2) The report must describe, but need not be limited to describing, the frequency of the department’s pursuit of injunctions pursuant to section 1 of this 2023 Act and the outcomes of applying for, and being granted, injunctions pursuant to section 1 of this 2023 Act. [2023 c.518 §3]

Source: Section 537.992 — Civil penalties; schedule of penalties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.675 — OR Code / Title 45 / Chapter 543 / Section 543.675
543.675 Power of eminent domain not to be exercised to acquire hydroelectric facilities
Status: in_force

Notwithstanding any powers of eminent domain and condemnation given to a district under its principal Act, a district shall not exercise any power of condemnation or eminent domain to condemn, appropriate or acquire real property for the purpose of constructing, acquiring, operating or maintaining hydroelectric facilities. [1981 c.420 §6]

Source: Section 543.675 — Power of eminent domain not to be exercised to acquire hydroelectric facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 554.540 — OR Code / Title 45 / Chapter 554 / Section 554.540
554.540 Meeting date
Status: in_force

At the next meeting of the board of directors of the corporation after an application is filed and the deposit for expenses paid, the secretary of the corporation shall present the application to the board of directors. The board shall fix a date and time for the members to consider the application at a meeting at the principal office of the corporation, which shall be either a special meeting called for that purpose or the next regular annual meeting of the members. [1963 c.103 §5]

Source: Section 554.540 — Meeting date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 539.300 — OR Code / Title 45 / Chapter 539 / Section 539.300
539.300 Legislative findings
Status: reserved

The Legislative Assembly of the State of Oregon finds it is desirable to provide a procedure for conducting negotiations to determine the water rights of any federally recognized Indian tribe that may have a federal reserved water right claim in Oregon. [1987 c.81 §2; 1993 c.67 §1]

Source: Section 539.300 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 550.360 — OR Code / Title 45 / Chapter 550 / Section 550.360
550.360 Dissolution of drainage or water control district or corporation
Status: in_force

(1) Intentionally left blank —Ed.

(a) Notwithstanding any other provision of law, the urban flood safety and water quality district may, by resolution of the board of directors, dissolve any drainage district formed and operating under ORS chapter 547, any drainage district organized and operating under ORS 548.005 (Organization of irrigation, drainage or flood control district by owners of lands subject to assessment by district improvement company or improvement district) to 548.120 (Validation of judgments entered in proceedings by directors) or any corporation incorporated for any of the purposes listed in ORS 554.020 (Articles of incorporation) , that is operating entirely within the boundaries of the urban flood safety and water quality district.

(b) Upon the dissolution, the dissolved district or corporation shall transfer, and the urban flood safety and water quality district shall assume, the duties, assets and liabilities of the dissolved district or corporation and continue to furnish the services formerly provided by the district or corporation to the residents of, and owners of property in, the dissolved district or corporation. Such assets include, without limitation, all interests in real property and tangible and intangible personal property, including water rights, uncollected taxes, assessments or other charges levied by the dissolved district or corporation.

(c) The dissolved district or corporation shall be considered annexed by and merged into the urban flood safety and water quality district.

(2) A dissolution under this section may be initiated only by resolution of the board of directors. The board of directors may not consider a dissolution resolution unless and until the urban flood safety and water quality district has sufficient funding from one or more of the means set forth in ORS 550.300 (Financing construction, operation or maintenance of district works) to enable the urban flood safety and water quality district to assume and manage the duties, assets and liabilities of the dissolved district or corporation.

(3) A dissolution under this section becomes effective no later than one year after the date on which the board of directors adopts the dissolution resolution, unless the district or corporation to be dissolved agrees to an earlier dissolution date.

(4) Intentionally left blank —Ed.

(a) As soon as practicable after the date on which the board of directors adopts a dissolution resolution under this section, the board of directors and the governing bodies of the districts or corporations to be dissolved, or the designated representatives of the governing bodies, shall meet to negotiate a debt distribution plan. A debt distribution plan may provide for any distribution of indebtedness between the urban flood safety and water quality district and the district or corporation to be dissolved.

(b) If the board of directors and the governing bodies do not agree on a debt distribution plan, or if the territory of the district or corporation to be dissolved remains liable under the plan for any portion of the indebtedness outstanding at the time of the dissolution and transfer, the board of directors shall serve as the ex officio board of the dissolved district or corporation for the purpose of imposing and collecting charges or taxes in the territory until all indebtedness of the dissolved district or corporation, including interest, is paid in full.

(c) Before a debt distribution plan may be agreed to under this section, the urban flood safety and water quality district shall obtain consent from all known holders of valid indebtedness owed by the district or corporation to be dissolved or releases based on provision in the debt distribution plan for the payment of nonconsenting holders. The territory within the boundaries of the district or corporation to be dissolved may not by reason of the dissolution and transfer be relieved of outstanding liabilities and indebtedness for which the district or corporation to be dissolved has previously entered into an agreement.

(5) After paying and discharging all debts and obligations or obtaining consent from holders of valid indebtedness or releases from nonconsenting holders, in accordance with the debt distribution plan, the governing body of the district or corporation to be dissolved shall transfer to the urban flood safety and water quality district all assets of the district or corporation to be dissolved.

(6) If requested by the district or corporation to be dissolved, or at the discretion of the board of directors, the board of directors may create a zone committee with members appointed by the chair of the district or corporation to be dissolved to provide for continuity and recommendations with respect to fees, rates and charges, and levels of support and operation, within the territory of the dissolved district or corporation. [2019 c.621 §22; 2022 c.16 §16]

Source: Section 550.360 — Dissolution of drainage or water control district or corporation; transfer of assets and liabilities to district; debt distribution plan; zone committee for continuity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 545.221 — OR Code / Title 45 / Chapter 545 / Section 545.221
545.221 Powers and duties of board as to management of district
Status: in_force

(1) The board shall:

(a) Manage and conduct the business and affairs of the district.

(b) Make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties.

(c) Establish equitable bylaws, rules and regulations for the administration of the district and for the distribution and use of water among the landowners.

(d) Generally perform all acts necessary to fully carry out the purposes of the Irrigation District Law.

(2) The board may make available to any member user of the district, on an actual cost basis, any machinery or equipment required for the normal operation of an irrigation district. This machinery or equipment may be used by the member user only for improvement of water distribution or drainage systems and only at the convenience of the district. However, the machinery or equipment may not be used outside the boundaries of the district.

(3) The bylaws, rules and regulations established under this section may designate, either generally or particularly, the points of delivery within the district to which the district will make water deliveries for the use and benefit of member users at district expense. Water deliveries so made shall be in full and complete discharge of the district’s obligation of water deliveries to member users under the Irrigation District Law. [Formerly 545.064; 1999 c.452 §22]

Source: Section 545.221 — Powers and duties of board as to management of district; water deliveries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 538.251 — OR Code / Title 45 / Chapter 538 / Section 538.251
538.251 Tributaries of Columbia River
Status: in_force

Except as otherwise provided in this section, the following waters, all being tributaries of the Columbia River, are withdrawn from appropriation and shall not be diverted or interrupted for any purpose, except for protecting fish life therein by the State Fish and Wildlife Commission:

(1) Clatskanie River and its tributaries, except Fall Creek in Columbia County, for purposes of hydroelectric generation if the facility is constructed and operated in compliance with recommendations by the State Department of Fish and Wildlife concerning fish conservation, including streamflow requirements based upon biological criteria.

(2) Klaskanine River and its tributaries in Clatsop County except an unnamed tributary of the South Fork Klaskanine River in Clatsop County, on which there is located an existing fish culture project, for purposes of hydroelectric generation if the facility is less than 100 horsepower and the electricity generated is for use in conjunction with the existing fish culture project.

(3) Lewis and Clark River in Clatsop County.

(4) Sandy River and its tributaries in Multnomah and Clackamas Counties, except:

(a) Beaver Creek and its tributaries.

(b) Buck Creek and its tributaries.

(c) The tributary of the Sandy River in Multnomah County which empties into the Sandy River near the north quarter corner, section 10, township 1 south, range 4 east, Willamette Meridian, and its tributaries, and is locally known as Big Creek.

(d) All tributaries, but not the main channel, of the Sandy River are open for appropriation and storage from December 1 to June 1 of each year. Water stored during this period may be used at any time.

(e) Trout Creek in Multnomah County and its tributaries.

(5) Scappoose Creek in Columbia County.

(6) Tillasqua Creek in Clatsop County. [1953 c.222 §2; 1961 c.366 §1; 1971 c.139 §1; 1983 c.807 §4; 1987 c.392 §1]

Source: Section 538.251 — Tributaries of Columbia River; limitations on appropriation or diversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 537.110 — OR Code / Title 45 / Chapter 537 / Section 537.110
537.110 Public ownership of waters
Status: in_force

All water within the state from all sources of water supply belongs to the public.

Source: Section 537.110 — Public ownership of waters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 551.150 — OR Code / Title 45 / Chapter 551 / Section 551.150
551.150 Vacation of right of way
Status: in_force

The county court may vacate the right of way through which the dikes and dams pass, in the same manner in which county roads are vacated, and the right of way shall thereupon revert to the original owner.

Source: Section 551.150 — Vacation of right of way; reversion to original owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 543a.075 — OR Code / Title 45 / Chapter 543a / Section 543a.075
543A.075 Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes
Status: in_force

(1) Each person operating an existing federally licensed project and intending to apply for reauthorization shall submit to the Water Resources Department a notice of intent to file an application for reauthorization of the water right for the project. If the person intends to seek reauthorization concurrently with federal relicensing, the notice of intent shall be submitted at the same time the person provides the information to the department under ORS 543A.071 (Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes) (3). The notice of intent shall include:

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

(b) The federal project number;

(c) The expiration date of the federal license and state water right for the project;

(d) An unequivocal statement of the applicant’s intention to file an application for reauthorization of the state water right;

(e) The location of the project by county and stream and, when appropriate, by city or nearby city;

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

(g) The project capacity.

(2) Upon receipt of a notice of intent under subsection (1) of this section, the department shall:

(a) Convene the Hydroelectric Application Review Team for the project. The team shall consist of representatives of the Water Resources Department, the Department of Environmental Quality and the State Department of Fish and Wildlife and may include a representative of any other agency that has regulatory or advisory responsibility for the project or a resource or hazard affected by the project.

(b) Provide public notice of the receipt of the notice of intent. The public notice shall provide the date of the public scoping meeting to be conducted under ORS 543A.085 (Public scoping meeting) and include a description of the hydroelectric project, the location of the project, the expiration dates of the water right for the project and the Federal Energy Regulatory Commission license for the project, and information pertaining to how an interested person may obtain future notices about the application and participate in the reauthorization process.

(3) Any person who is authorized by the Federal Energy Regulatory Commission to apply for a license for a federally licensed project may apply to reauthorize a water right for the project. The team shall process such applications under the standards and process set forth in ORS 543A.060 (Coordination of state and federal reauthorization processes) to 543A.300 (Decommissioning) for a federally licensed project. A nonowner applicant may obtain a water right with the priority date of the expiring water right only if the applicant submits a notice of intent within six months after the owner submits a preliminary application as described in ORS 543A.080 (Submission of preliminary application information) , or within 30 days after June 30, 1997, whichever is later. [1997 c.449 §15; 1999 c.873 §16]

Source: Section 543A.075 — Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 555.170 — OR Code / Title 45 / Chapter 555 / Section 555.170
555.170 Oregon Irrigation Fund
Status: in_force

The Oregon Irrigation Fund is hereby created. Payments to and disbursements from the fund shall be made as provided by law.

Source: Section 555.170 — Oregon Irrigation Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.525 — OR Code / Title 45 / Chapter 541 / Section 541.525
541.525 Hearing upon request of owner or operator of structure
Status: in_force

(1) If, within 15 days after mailing of the notice provided for in ORS 541.515 (Notice by commission when hazard created by release of stored water) , the owner or operator of the impoundment or diversion structure requests in writing that the Water Resources Commission hold a hearing, the commission shall hold a hearing in accordance with ORS chapter 183 on the hazard to human life or property which is or will be created by the rapid increase in the stream level below the structure resulting from the release of water from the structure and the terms, limitations and conditions relating to such release of water necessary to minimize such unreasonable hazard.

(2) At least 10 days prior to the hearing the commission, in addition to the notice requirements of ORS chapter 183, shall cause a copy of the notice to be published in a newspaper of general circulation in each county in which the structure is located and in which unreasonable hazard to human life or property is or may be created. [1961 c.379 §3; 1971 c.734 §83; 1985 c.673 §107]

Source: Section 541.525 — Hearing upon request of owner or operator of structure; notice and conduct of hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 549.635 — OR Code / Title 45 / Chapter 549 / Section 549.635
549.635 Agreements for joint participation or aid
Status: in_force

The Water Resources Commission may enter into agreements with the federal government, public and quasi-public bodies, including but not limited to drainage and irrigation districts organized under the laws of Oregon, water control districts and subdistricts formed under ORS chapter 553 and district improvement companies formed under ORS chapter 554, and other persons for the purpose of participating jointly with such bodies or persons in federal flood control projects or aiding such bodies or persons in meeting obligations imposed upon them in connection with federal flood control project agreements. The commission shall not aid or agree to aid any public or quasi-public body or person unless such body or person is meeting satisfactorily or to the best of its ability all obligations imposed upon it under such agreements. [1957 c.466 §7]

Source: Section 549.635 — Agreements for joint participation or aid , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 541.666 — OR Code / Title 45 / Chapter 541 / Section 541.666
541.666 Form and contents of loan or grant applications
Status: in_force

Applications for a loan or grant from the Water Supply Development Account must be in a form prescribed by the Water Resources Department and must include the following:

(1) A description of the need, purpose and nature of the project, including what the applicant intends to complete and how the applicant intends to proceed.

(2) Sufficient information to allow evaluation of the application based upon the public benefit scoring and ranking of the project.

(3) Current contact information for the principal contact, fiscal officer and involved landowners.

(4) For applications involving physical changes or monitoring on private land, evidence that landowners are aware of and agree to the proposal and are aware that monitoring information is a public record.

(5) The location of the proposed project, using public land survey reference points, latitude and longitude, county, watershed, river and stream mile, if appropriate.

(6) An itemized budget for the project, including fiscal and administrative costs.

(7) A description of funds, services or materials available to the project.

(8) A project schedule, including beginning and completion dates.

(9) Any conditions that may affect the completion of the project.

(10) A completed feasibility analysis if appropriate.

(11) Suggestions for interim and long-term project performance benchmarks.

(12) If the application is for a grant, demonstrated in-kind and cash cost match of not less than 25 percent of the amount of the grant sought from the account.

(13) If the application is for a loan, evidence demonstrating ability to repay the loan and provide collateral.

(14) Letters of support for the proposed project.

(15) If required by the department, a description of consultations with affected Indian tribes regarding the project.

(16) Any other information required by the department. [2013 c.784 §6]

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

Source: Section 541.666 — Form and contents of loan or grant applications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.455 — OR Code / Title 45 / Chapter 541 / Section 541.455
541.455 Splash dams unlawful
Status: in_force

It is unlawful to operate a splash dam on any of the navigable or nonnavigable waters of this state. An officer or agency of this state may not issue any permit for the construction or maintenance of any dam to be used for splash dam purposes. [1957 c.163 §2; 2005 c.22 §380]

Source: Section 541.455 — Splash dams unlawful , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 547.220 — OR Code / Title 45 / Chapter 547 / Section 547.220
547.220 Notice of appointment of commissioners
Status: in_force

The county clerk upon the filing of the order of appointment shall notify each commissioner of appointment by written or printed notice, and in the notice the county clerk shall state the time and place for the first meeting of the commissioners. The secretary of the board of supervisors shall attend the meeting, and shall furnish the commissioners a complete list of all lands in the district, and the names of the owners thereof, as were contained in the petition, at the date of the judgment of the court incorporating the district. The secretary shall also furnish the commissioners a copy of the plan for reclamation, with maps and profiles in the office of the secretary. The commissioners at the meeting, or within 10 days thereafter, shall each take and subscribe to an oath that they will faithfully and impartially discharge their duties as commissioners and make a true report of the work done by them. They shall also at the meeting elect one of their own number chairperson. The secretary of the board of supervisors shall be ex officio secretary of the commissioners. [Amended by 2003 c.576 §507]

Source: Section 547.220 — Notice of appointment of commissioners; meeting; secretary of board of supervisors to furnish certain information; oath; officers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.287 — OR Code / Title 45 / Chapter 537 / Section 537.287
537.287 Rules for joint project of municipal applicant and private person
Status: in_force

The Water Resources Commission shall establish rules necessary to carry out the provisions of ORS 537.285 (Municipal applicant may develop hydroelectric project jointly with private person) . The rules shall include the amount of control over and interest in a joint project a municipal applicant must retain in order to receive the benefit of the municipal preference and proceed under the municipal application process set forth in this chapter. [1985 c.392 §4]

Source: Section 537.287 — Rules for joint project of municipal applicant and private person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 553.750 — OR Code / Title 45 / Chapter 553 / Section 553.750
553.750 Loan contracts with state or federal agencies
Status: in_force

(1) Whenever a district has adopted, as the engineering plan for a subdistrict, a project work plan prepared for the subdistrict by a department of the federal government, and in connection with the development of such plan desires to borrow money from any state or federal agency, such district may, in lieu of levying a preliminary assessment, and with the approval of the electors of the subdistrict, enter into a loan contract with such agency.

(2) The loan contract shall be in such form and shall contain such terms as may be agreed upon by the agency and the district; the district may agree to levy a construction assessment against each tract of land benefited within the subdistrict, to do all acts and things necessary therefor, to assign to the lending agency the construction assessments as security for the loan and to perform all such acts within such period of time as may be agreed to between the district and the state or federal lending agency.

(3) In the event that a state or federal lending agency pays over money to a district pursuant to the terms of a loan contract and the district fails, refuses or neglects to levy the construction assessments, to obtain or prepare a benefit roll, to assign the construction assessments, or in any other manner not to perform as it agreed to under the loan contract, the state or federal lending agency shall have the right, at its election, to apply to the circuit court for the county in which is located the largest part of the lands within the subdistrict for a writ of mandamus, or any other order or writ, to require the district, its directors, officers and agents to do such acts and things as the district agreed to do under the terms of the loan contract. All costs, charges and expenses pertaining to the issuance and execution of any such writ or order shall be charged to and collected from the lands subject to the construction assessments in addition to such construction assessments.

(4) Upon the execution of a loan contract, the district shall record with the county clerk for the county in which the lands within the subdistrict are located, a certificate which shall state the date of the loan contract, the maximum amount of the loan, the recording data pertaining to the recorded order creating the subdistrict, the term of the loan and the rate of interest. Such certificate shall give notice that all lands within the subdistrict determined to be benefited by the construction of the works referred to in the engineering plan will be subject to construction assessments thereafter to be levied. [1961 c.186 §2; 1991 c.459 §432a]

Source: Section 553.750 — Loan contracts with state or federal agencies; obligation of district; recording certificates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 537.625 — OR Code / Title 45 / Chapter 537 / Section 537.625
537.625 Final order
Status: in_force

(1) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Water Resources Director determines that the proposed use does not ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy) , the director shall issue a final order rejecting the application or modifying the proposed final order as necessary to ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy) . If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the director determines that the proposed use would ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy) , the director shall issue a final order approving the application or otherwise modifying the proposed final order. A final order may set forth any of the provisions or restrictions to be included in the permit concerning the use, control and management of the water to be appropriated for the project.

(2) If a contested case hearing is not held:

(a) Where the final order modifies the proposed final order, the applicant may request and the Water Resources Department shall schedule a contested case hearing as provided under ORS 537.622 (Contested case hearing) (3) by submitting the information required for a protest under ORS 537.621 (Review of application) (7) within 14 days after the director issues the final order. However, the issues on which a contested case hearing may be requested and conducted under this paragraph shall be limited to issues based on the modifications to the proposed final order.

(b) Only the applicant or a protestant may appeal the provisions of the final order in the manner established in ORS chapter 183 for appeal of order other than contested cases.

(3) If the presumption of public welfare, safety and health under ORS 537.621 (Review of application) (2) is overcome, then before issuing a final order, the director or the Water Resources Commission, if applicable, shall make the final determination of whether the proposed use or the proposed use as modified in the proposed final order would preserve the public welfare, safety and health as described in ORS 537.525 (Policy) by considering:

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

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

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

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

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

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

(g) The state water resources policy.

(4) Upon issuing a final order, the Water Resources Department shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050 (Fees) (1)(p).

(5) A right to appropriate ground water under a permit has a priority from the date when the application was filed with the department.

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

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

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

(c) The permit shall include a condition that additional conditions may be added to the use of water when a water right certificate is issued, or when the use of water is changed pursuant to ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) to use for a mining operation. [1955 c.708 §11; 1959 c.437 §4; 1981 c.61 §3; 1985 c.673 §57; 1995 c.416 §28; 1997 c.587 §11; 2013 c.371 §34]

Source: Section 537.625 — Final order; appeal; contents of permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 553.650 — OR Code / Title 45 / Chapter 553 / Section 553.650
553.650 Property liable for indebtedness of district
Status: in_force

In addition to the provisions for the payment of bonds and interest by taxation and other provisions of this chapter, all the property of the subdistrict, including irrigation and other works, shall be liable for the indebtedness of the subdistrict. The holder of the bonds, or the United States in case contract has been executed by the United States, may, in case of default in the payment of interest or principal on the bonds, or the amount due on the contract, upon the order of the circuit court, take possession of the works of the subdistrict and operate the same until the amount in default is fully paid. [1965 c.623 §24]

Source: Section 553.650 — Property liable for indebtedness of district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 543a.405 — OR Code / Title 45 / Chapter 543a / Section 543a.405
543A.405 Application fees
Status: in_force

(1) Subject to the provisions of ORS 543A.410 (Fee schedule) , any person submitting a notice of intent to seek reauthorization, a preliminary application or an application for reauthorization of a project under ORS 543A.030 (Notice of intent) , 543A.035 (Reauthorization application and public comment) , 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) , 543A.080 (Submission of preliminary application information) or 543A.095 (Draft application) shall pay all expenses related to the review and decision of the Hydroelectric Application Review Team that are incurred by the team and any agency participating as part of the team, and that are not otherwise covered by the fee paid under ORS 543.078 (Annual fee for hydroelectric project) .

(2) Every person submitting a notice of intent to seek reauthorization of a project shall submit the fee required under ORS 536.050 (Fees) (1)(r) to the Water Resources Department when the notice of intent is submitted.

(3) Before submitting an application to reauthorize a state project under ORS 543A.035 (Reauthorization application and public comment) , the applicant shall request from the team an estimate of the costs expected to be incurred in processing the application. The team shall inform the applicant of that amount and require the applicant to make periodic payments of such costs pursuant to a cost reimbursement agreement. The cost reimbursement agreement shall provide for payment of 25 percent of the estimated costs when the applicant submits an application under ORS 543A.035 (Reauthorization application and public comment) .

(4) Before the close of public comment on study proposals developed by the applicant for a federally licensed project under ORS 543A.085 (Public scoping meeting) , the team shall estimate the costs expected to be incurred in evaluating the project. The team shall inform the applicant of that amount and require the applicant to make periodic payments of such costs pursuant to a cost reimbursement agreement. The cost reimbursement agreement shall provide for a first payment of 25 percent of the estimated costs on a schedule established in the agreement.

(5) If costs of the team’s evaluation of a project exceed the estimate in the cost reimbursement agreement, the applicant shall pay any excess costs shown in an itemized statement prepared by the team. In no event shall the team and its participating agencies incur evaluation expenses in excess of 110 percent of the fee initially estimated unless the team provided prior notification to the applicant and a detailed projected budget the team believes is necessary to complete evaluation of the application. If costs are less than the fee paid, the team shall refund the excess to the applicant.

(6) The Water Resources Department shall reimburse participating agencies for costs incurred in their review of a project. Such costs shall not include expenses of other state agencies for which a fee is otherwise collected under state law. [1997 c.449 §33; 2001 c.369 §7; 2021 c.516 §7]

Source: Section 543A.405 — Application fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 550.250 — OR Code / Title 45 / Chapter 550 / Section 550.250
550.250 District activities as urban services
Status: in_force

Activities of the urban flood safety and water quality district are deemed to be urban services, as defined in ORS 195.065 (Agreements required) , if the district engages in the activities to manage flood control and safety, water quality or surface water. [2019 c.621 §11]

Source: Section 550.250 — District activities as urban services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 542.550 — OR Code / Title 45 / Chapter 542 / Section 542.550
542.550 Content of Columbia River Natural Resources Management Compact
Status: in_force

A compact, in form as in this section fully set forth, shall be in effect when the States of Idaho, Montana and Washington become parties thereto, and the consent of Congress has been granted as required by section 10, Article I of the United States Constitution.

The contracting states do hereby agree as follows:

The purposes of this compact, entitled the Columbia River Natural Resources Management Compact, are and shall be to promote the better regional management and coordination of natural resources management issues and other issues pertaining to the governance and use of the Columbia River.

This agreement shall become operative immediately as to those states executing it in the form that is in accordance with the laws of the executing states and the Congress has given its consent.

Each state joining herein shall appoint, as determined by state statutes, six legislators, three from the state Senate and three from the state House of Representatives, to a commission hereby constituted and designated as the Columbia River Governance Commission. Of the members appointed, all may not belong to the same political party. This commission shall be invested with the powers and duties set forth herein.

The term of each commissioner of the Columbia River Governance Commission shall be four years. A commissioner shall hold office until a successor shall be appointed and qualified but such successor’s term shall expire four years from legal date of expiration of the term of the predecessor. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled for the unexpired term, or a commissioner may be removed from office, as provided by the statutes of the state concerned. Each commissioner may delegate in writing from time to time, to a deputy, the power to be present and participate, including voting as the representative or substitute, at any meeting of or hearing by or other proceeding of the commission.

Voting powers under this compact shall be limited to one vote for each state regardless of the number of representatives.

The duty of the Columbia River Governance Commission shall be to assess programs of state and federal agencies responsible for natural resource management issues and governance issues of the Columbia River and to participate in decision-making by federal agencies on issues affecting the use of and activities on the Columbia River. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the efficient use and management of the Columbia River and resources related to the Columbia River.

To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the Governors and legislative branches of the various signatory states hereto legislation dealing with the governance and management of the Columbia River and the natural resources related to the Columbia River over which the signatory states jointly or separately now have or may hereafter acquire jurisdiction. The commission shall, more than one month prior to any regular meeting of the legislative branch in any state signatory hereto, present to the Governor of such state its recommendations relating to enactments by the legislative branch of that state in furthering the intents and purposes of this compact.

The commission shall consult with and advise the pertinent administrative agencies in the signatory states of such regulations as it deems advisable with regard to problems connected with the governance and use of the Columbia River and that lie within the jurisdiction of such agencies.

The commission shall have power to recommend to the federal government and to states signatory hereto management strategies for the natural resources of the Columbia River and any changes to federal or state statutes, regulations or rules necessary to the efficient and sound governance of the Columbia River and its natural resources.

The commission shall elect from its number a chairperson and a vice chairperson and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry out the provisions of this compact and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place within the territorial limits of the signatory states but must meet at least once a year.

No action shall be taken by the commission except by the affirmative vote of a majority of the whole number of compacting states represented at any meeting. No recommendation shall be made by the commission in regard to the management of natural resources related to, or the governance and use of, the Columbia River except by the vote of a majority of the compacting states that have an interest in such issues.

The natural resource agencies of the signatory states shall act in collaboration as the official research agency of the Columbia River Governance Commission.

An advisory committee to be representative of such other interests of each state as the commission deems advisable shall be established by the commission as soon as practicable for the purpose of advising the commission upon such recommendations as it may desire to make.

Nothing in this compact shall be construed to limit the powers of any state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any state imposing additional conditions and restrictions to conserve its natural resources.

Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the Governor thereof.

The states that sign this compact agree to make available annual funds for the support of the commission on the following basis:

Sixty percent (60%) of the annual budget shall be shared equally by those member states having as a boundary the Columbia River; and forty percent (40%) of the annual budget shall be shared equally by the other member states.

The annual contribution of each member state shall be figured to the nearest one hundred dollars.

This article shall become effective upon its enactment by the States of Idaho, Montana, Oregon and Washington and upon ratification by Congress by virtue of the authority vested in it under section 10, Article I of the United States Constitution.

This compact shall continue in force and remain binding upon each state until renounced by it. Renunciation of this compact must be preceded by sending six months’ written notice of intention to withdraw from the compact to the other parties hereto.

The State of Nevada or any state having rivers or streams tributary to the Columbia River may become a contracting state by enactment of the Columbia River Natural Resources Management Compact. Upon admission of any new state to the compact, the purposes of the compact and the duties of the commission shall extend to the development of joint programs for the use and governance of the Columbia River and its natural resources in which the contracting states share mutual concerns.

This article shall become effective upon its enactment by the States of Idaho, Montana, Oregon and Washington and upon ratification by Congress by virtue of the authority vested in it under section 10, Article I of the United States Constitution.

[1999 c.540 §1]

Note: 542.550 (Content of Columbia River Natural Resources Management Compact) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 542 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 542.550 — Content of Columbia River Natural Resources Management Compact; when effective , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 537.170 — OR Code / Title 45 / Chapter 537 / Section 537.170
537.170 Contested case hearing on application
Status: in_force

(1) Within 45 days after the Water Resources Director schedules a contested case hearing under ORS 537.153 (Review of application) (8), the Water Resources Department shall hold the contested case hearing. The issues to be considered in the contested case hearing shall be limited to issues identified by the administrative law judge.

(2) Notwithstanding the provisions of ORS chapter 183 pertaining to contested case proceedings, the parties to any contested case hearing initiated under this section shall be limited to:

(a) The applicant;

(b) Any person who timely filed a protest; and

(c) Any person who timely filed a request for standing under ORS 537.153 (Review of application) (5) and who requests to intervene in the contested case hearing prior to the start of the proceeding.

(3) The contested case proceeding shall be conducted in accordance with the applicable provisions of ORS chapter 183 except:

(a) As provided in subsections (1) and (2) of this section; and

(b) An interlocutory appeal under ORS 183.480 (Judicial review of agency orders) (3) shall not be allowed.

(4) If applicable, an application to appropriate water for the generation of electricity submitted under ORS 537.140 (Application for permit) shall be included in the consolidated review and hearings process under ORS 543.255 (Determination of cumulative impacts of proposed hydroelectric power projects) .

(5) Each person submitting a protest or a request for standing shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person’s position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or in a hearing or failure to provide sufficient specificity to afford the Water Resources Department an opportunity to respond to the issue precludes judicial review based on that issue.

(6) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the director determines that the proposed use does not comply with the standards set forth in ORS 543.017 (Minimum standards for development of hydroelectric power) or rules adopted by the Water Resources Commission under ORS 543.017 (Minimum standards for development of hydroelectric power) or would otherwise impair or be detrimental to the public interest, the director shall issue a final order rejecting the application or modifying the proposed final order to conform to the public interest. If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the director determines that the proposed use would not impair or be detrimental to the public interest, the director shall issue a final order approving the application or otherwise modifying the proposed final order. A final order may set forth any of the provisions or restrictions to be included in the permit concerning the use, control and management of the water to be appropriated for the project, including, but not limited to, a specification of reservoir operation and minimum releases to protect the public interest.

(7) If a contested case hearing is not held:

(a) Where the final order modifies the proposed final order, the applicant may request and the department shall schedule a contested case hearing as provided under subsection (3) of this section by submitting the information required for a protest under ORS 537.153 (Review of application) (6) within 14 days after the director issues the final order. However, the issues on which a contested case hearing may be requested and conducted under this paragraph shall be limited to issues based on the modifications to the proposed final order.

(b) Only the applicant or a protestant may appeal the provisions of the final order in the manner established in ORS chapter 183 for appeal of order other than contested cases.

(8) If the presumption of public interest under ORS 537.153 (Review of application) (2) is overcome, then before issuing a final order, the director or the commission, if applicable, shall make the final determination of whether the proposed use or the proposed use as modified in the proposed final order would impair or be detrimental to the public interest by considering:

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

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

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

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

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

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

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

(9) Upon issuing a final order, the director shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050 (Fees) (1)(p). [Amended by 1955 c.707 §36; 1961 c.224 §12; 1963 c.378 §1; 1975 c.581 §26; 1985 c.569 §19; 1985 c.673 §30; 1995 c.416 §13; 1997 c.587 §6; 2003 c.75 §96]

Source: Section 537.170 — Contested case hearing on application; final order; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.744 — OR Code / Title 45 / Chapter 537 / Section 537.744
537.744 Domestic Well Remediation Fund
Status: in_force

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Domestic Well Remediation Fund. Interest earned by the Domestic Well Remediation Fund shall be credited to the fund. All moneys in the Domestic Well Remediation Fund are continuously appropriated to the Water Resources Department to carry out the purposes described in ORS 537.743 (Program to remediate certain domestic water wells) .

(2) The Domestic Well Remediation Fund shall consist of all moneys credited to the fund, including moneys appropriated or transferred to the fund by the Legislative Assembly. [2021 c.632 §3]

Note: See note under 537.743 (Program to remediate certain domestic water wells) .

Source: Section 537.744 — Domestic Well Remediation Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 547.125 — OR Code / Title 45 / Chapter 547 / Section 547.125
547.125 Secretary as treasurer
Status: in_force

(1) The secretary of the board of supervisors in any drainage district shall hold the office of treasurer of the district, except as otherwise provided in this chapter.

(2) The treasurer shall receipt for all moneys received by the treasurer and shall keep all funds received by the treasurer from any source deposited at all times in some insured institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , that is designated by the board of supervisors. All interest accruing on such funds shall, when paid, be credited to the district.

(3) The board of supervisors shall audit or have audited the books of the treasurer each year and make report thereof to the landowners at the annual meeting and publish a statement within 30 days thereafter, showing the amount of money received, the amount paid out during the year, and the amount in the treasury at the beginning and end of the year.

(4) The treasurer shall pay out funds of the district only on warrants signed by the president of the board and attested by the signature of the secretary and treasurer.

(5) The secretary shall receive as compensation for performing the duties of secretary-treasurer such salary as may be fixed and directed to be paid by resolution of the board. [Amended by 1969 c.345 §14; 1997 c.631 §489]

Source: Section 547.125 — Secretary as treasurer; duties; audit of books and report to landowners; compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 548.305 — OR Code / Title 45 / Chapter 548 / Section 548.305
548.305 Contracts for federal loans
Status: in_force

(1) The board of supervisors of any drainage district or the board of directors of any irrigation district may, whenever it is determined by such board that it is for the best interests of the district, enter into a contract with any governmental agency of the United States, for a loan:

(a) For the refunding of any or all of its outstanding indebtedness;

(b) For the refunding of any state, county and municipal ad valorem taxes or special assessments levied by such district; and

(c) For the financing of any improvement or supplemental works which may be needed to reclaim lands in the district or for maintenance or operation, and for the payment or repayment thereof, upon such terms or conditions as may be agreed upon in the contract.

(2) In no case shall the total of any loan made by such governmental agency exceed in the aggregate the total amount of the outstanding indebtedness of such district so refunded, but this limitation shall not apply to any loan or any part of any loan which may be made by such governmental agency for any purpose herein provided other than refunding such outstanding indebtedness.

Source: Section 548.305 — Contracts for federal loans; purposes for which authorized; amount of loan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 555.110 — OR Code / Title 45 / Chapter 555 / Section 555.110
555.110 State’s liability
Status: in_force

Nothing in ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) to 555.160 (Report of work, expenditures and condition of funds) shall be construed as authorizing the Water Resources Commission to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.

Source: Section 555.110 — State’s liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.101 — OR Code / Title 45 / Chapter 545 / Section 545.101
545.101 Exclusion of subdivisions with three or more tracts on each acre of land
Status: in_force

(1) When a subdivision is platted after September 13, 1975, under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) , if the subdivision has three or more tracts on each acre of land within the subdivision, the subdivision shall be excluded and taken from the district pursuant to ORS 545.097 (Exclusion of tracts) to 545.126 (Liability of excluded lands for district’s obligations) at the time that the plat is approved by the appropriate governing body.

(2) The exclusion provided in subsection (1) of this section shall not apply to a district which:

(a) Also supplies domestic water approved by the Oregon Health Authority to the subdivision; or

(b) Agrees to supply water to the subdivision. A district may require as a condition of any agreement that:

(A) The subdivider install underground pipe from the district’s designated point of delivery to each lot or parcel in the subdivision as shown on the plat approved by the appropriate governing body;

(B) The subdivider install a meter or other adequate measuring device at the delivery point to the subdivision and for each lot or parcel;

(C) The subdivider provide adequate easements for the delivery system and make provision for the maintenance and repair of the delivery system; and

(D) The subdivider provide any other measures that the district considers necessary for the proper and efficient delivery of water to the subdivision and for the efficient administration of such delivery.

(3) Nothing in subsection (2)(b) of this section requires a district to agree to deliver water to a subdivision. [Formerly 545.611; 1999 c.505 §1; 2009 c.595 §987]

Source: Section 545.101 — Exclusion of subdivisions with three or more tracts on each acre of land; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 554.015 — OR Code / Title 45 / Chapter 554 / Section 554.015
554.015 Filing duty of Secretary of State
Status: in_force

(1) If a document delivered to the Office of the Secretary of State for filing satisfies the requirements of ORS 554.005 (Filing requirements) , the Secretary of State shall file it.

(2) The Secretary of State files a document by indicating thereon that it has been filed by the Secretary of State and the date of filing. After filing a document, except for the annual report, the Secretary of State shall return an acknowledgment of filing to the corporation or its representative.

(3) If the Secretary of State refuses to file a document the Secretary of State shall return it to the corporation or its representative within 10 business days after the document was delivered together with a brief written explanation of the reason for the refusal.

(4) The Secretary of State’s duty to file documents under this section is ministerial and is limited in scope of review as set out by rule of the Secretary of State. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the Office of the Secretary of State for filing. The Secretary of State’s filing or refusing to file a document does not:

(a) Affect the validity or invalidity of the document in whole or part; or

(b) Relate to the correctness or incorrectness of information contained in the document.

(5) The Secretary of State’s refusal to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect. [1987 c.94 §141; 1999 c.486 §20]

Source: Section 554.015 — Filing duty of Secretary of State , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 555.360 — OR Code / Title 45 / Chapter 555 / Section 555.360
555.360 Arrangements to settle, cultivate and reclaim Carey Act lands
Status: in_force

The Water Resources Commission shall make all necessary arrangements to secure the settlement, cultivation and reclamation of Carey Act lands in the Tumalo Project; accept applications for the entry of the lands; make contracts for the purchase of water rights and release of lien for the lands; make rules for their cultivation and settlement; and prescribe the forms to be used for such purposes. Each contract with purchasers shall provide for payment of the full amount of lien assessed against the tract covered by the contract within a period of not to exceed 20 years, with interest on deferred payments at five percent per annum, and shall also provide for payment of an annual maintenance fee, to be fixed by the commission. Contracts executed before May 27, 1913, may be brought under the terms of ORS 555.310 (Reclamation of lands in Tumalo Project) to 555.410 (Repayment of appropriation from receipts of sale of lands) , and the rate of interest thereunder shall be five percent from and after December 1, 1916. Contracts for the sale of water rights to private lands within the project shall be upon the same terms and conditions as for Carey Act lands, and the commission shall in addition require the purchaser to give a first mortgage on such private lands, to the state, as security for the payments due under the contract. The contracts with purchasers, both on Carey Act and private lands, shall provide for the sale of a proportionate interest in the reclamation system to each purchaser, and for transfer of the reclamation system to the purchasers when the water rights for a majority of the lands in the project have been fully paid for, the state retaining an interest proportionate to the unpaid balance on the contracts.

Source: Section 555.360 — Arrangements to settle, cultivate and reclaim Carey Act lands; contract provisions; sale of water rights to private lands; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.979 — OR Code / Title 45 / Chapter 541 / Section 541.979
541.979 Expenditures from Oregon Agricultural Heritage Fund
Status: in_force

(1) The Oregon Watershed Enhancement Board may expend moneys from the Oregon Agricultural Heritage Fund to:

(a) Carry out the programs described in ORS 541.984 (Grant programs) ;

(b) Pay reimbursements and staff support expenses associated with the activities of the Oregon Agricultural Heritage Commission established under ORS 541.986 (Oregon Agricultural Heritage Commission) ;

(c) Provide succession planning programs with funding recommended by the commission under ORS 541.989 (Commission duties) ; and

(d) Pay the administrative expenses of the board for carrying out ORS 541.977 (Definitions for ORS 541.977 to 541.989) to 541.989 (Commission duties) .

(2) The amount paid from the fund during a biennium for reimbursements and expenses described in subsection (1)(b) and (d) of this section may not exceed 12 percent of the moneys credited to the fund during that biennium. [2017 c.716 §3]

Note: See note under 541.977 (Definitions for ORS 541.977 to 541.989) .

Source: Section 541.979 — Expenditures from Oregon Agricultural Heritage Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 553.107 — OR Code / Title 45 / Chapter 553 / Section 553.107
553.107 Effect of creation of districts under ORS 553.105
Status: in_force

Each water control district created by ORS 553.105 (Districts coterminous with 1969 districts) shall in all respects succeed to and replace the territorially coterminous water control district abolished by ORS 553.105 (Districts coterminous with 1969 districts) . Without limiting the foregoing:

(1) A successor district is:

(a) The owner of the property of the succeeded district, including real property and funds on deposit with the county treasurer or banks.

(b) Successor party to the contracts of the succeeded district.

(c) Successor party to the court proceedings of the succeeded district.

(d) Successor obligor on the indebtedness of the succeeded district.

(2) The directors and officers of the succeeded district are the directors and officers of the successor district. Each director and officer shall hold office for a term equal to the term of office in the succeeded district. [1969 c.691 §17]

Source: Section 553.107 — Effect of creation of districts under ORS 553.105 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 547.475 — OR Code / Title 45 / Chapter 547 / Section 547.475
547.475 List of assessments and apportionments
Status: in_force

The board of supervisors shall prepare a list or record of assessments and apportionments, giving the description of the ownership or holdings of each person therein assessed, which shall be certified by the board in the manner provided in ORS 310.060 (Notice certifying taxes) not later than June 15 of each year to the county assessor of each county in which lands of the district are situated. The county assessor shall enter the assessment upon the county assessor’s roll against the property therein described, in the same manner as other municipal taxes are entered by the county assessor. [Amended by 1963 c.168 §1; 1991 c.459 §425n]

Source: Section 547.475 — List of assessments and apportionments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 551.060 — OR Code / Title 45 / Chapter 551 / Section 551.060
551.060 Apportionment of cost of dikes and dams
Status: in_force

After the petition has been granted and the proceedings had as specified in ORS 551.050 (Hearing) , the court shall apportion the estimated cost of the dikes and dams among the landowners of the proposed district, in proportion to the valuation of the lands therein, according to the estimated value placed upon the respective tracts by the viewers. The cost thus apportioned shall be a tax upon the land and shall be placed upon the assessment roll of the county for the current year. Such taxes for diking purposes shall have the same legal effect and be collected in a like manner as other state and county taxes upon the assessment roll. [Amended by 2001 c.497 §1]

Source: Section 551.060 — Apportionment of cost of dikes and dams , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 537.801 — OR Code / Title 45 / Chapter 537 / Section 537.801
537.801 Definitions
Status: in_force

(1) As used in ORS chapters 537 and 540:

(a) “Basin” means one of the river basins within this state, as defined by Water Resources Department Map No. 0.2, dated 1987, and entitled “Oregon Drainage Basins,” unless the context requires otherwise.

(b) “Basin of origin” means the basin in which surface or ground water that is the subject of an application under ORS 537.211 (Issuance of permit if application approved) , 537.400 (Reservoir permits) , 537.620 (Determination of completeness of application) , 540.520 (Application for change of use, place of use or point of diversion) , 543.210 (Preliminary permits) or 543.290 (Filing of maps, plans, estimates and other materials) is located.

(2) The Legislative Assembly finds that the transport of significant quantities of water outside the boundaries of the basin of origin may have a significant impact on the water and other resources of the basin of origin.

(3) Therefore, the Legislative Assembly declares that the waters of the state may not be appropriated, stored or diverted for use outside the basin of origin except in compliance with the provisions of ORS 537.801 (Definitions) to 537.860 (Vested rights protected) , including, if applicable, the prior approval of the Legislative Assembly under ORS 537.810 (Diversion or appropriation of waters from basin of origin without legislative consent prohibited) . [1989 c.936 §§2,3]

Source: Section 537.801 — Definitions; findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.781 — OR Code / Title 45 / Chapter 537 / Section 537.781
537.781 Applying for injunction to address violation or potential violation
Status: in_force

If the Water Resources Department has information that a person has engaged, or is about to engage, in any activity that is or will be a violation of ORS 537.747 (Water well constructor’s license) , 537.753 (Bond or letter of credit) , 537.762 (Submitting start card before beginning work on well) or 537.765 (Log of constructing, altering, abandoning or converting well) or the standards described in ORS 537.780 (Powers of Water Resources Commission) (1)(b) or (c), in addition to any other available remedies, the department may apply to the circuit court for Marion County, or to the circuit court for any county in which the activity has occurred or will occur, for a temporary or permanent injunction requiring the person to:

(1) Refrain from the activity; and

(2) Take any actions necessary to remedy any threat to groundwater supplies, public health or public safety. [2021 c.610 §19]

Note: 537.781 (Applying for injunction to address violation or potential violation) 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 537.781 — Applying for injunction to address violation or potential violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 548.330 — OR Code / Title 45 / Chapter 548 / Section 548.330
548.330 Bonds for refunding indebtedness
Status: in_force

All bonds of any irrigation or drainage district authorized or issued by the district in the manner provided by ORS 548.305 (Contracts for federal loans) to 548.325 (Charges or assessments) , for the purpose of refunding any outstanding bonds or warrants of the district in accordance with the terms and provisions of a contract therefor between the district and any governmental agency of the United States shall constitute legal and binding obligations of the district, notwithstanding any irregularities or defects in the authorization of or issuance of any of the bonds or warrants to be refunded. [Amended by 1989 c.182 §33]

Source: Section 548.330 — Bonds for refunding indebtedness; validity not affected by irregularities of refunded obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 547.150 — OR Code / Title 45 / Chapter 547 / Section 547.150
547.150 Payment of claims
Status: in_force

All claims against the district shall be paid by warrants drawn on the district treasurer and signed by the president and secretary of the board. When any warrant is not paid when presented to the treasurer because of lack of funds in the treasury, such fact shall be indorsed on the back of the warrant, and such warrant shall draw interest thereafter at the rate of six percent per annum until there is money on hand to pay the amount of the warrant and the interest then accumulated. No interest shall be allowed on warrants after sufficient funds are in the treasury to pay the indorsed warrants and interest. The secretary shall give notice by publication whenever sufficient funds are available to pay outstanding warrants. The board shall charge or levy each year a sufficient amount of money to pay the outstanding warrants of the district to the extent permitted within the constitutional limitation. [Amended by 1991 c.459 §425d]

ENGINEER; PLAN FOR RECLAMATION; COMMISSIONERS; ASSESSMENT OF BENEFITS

Source: Section 547.150 — Payment of claims; warrants; nonpayment; interest-bearing warrants; charge or levy of tax to pay , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 542.080 — OR Code / Title 45 / Chapter 542 / Section 542.080
542.080 Cooperation with federal agencies
Status: in_force

On behalf of this state, the Water Resources Commission may cooperate with the Federal Energy Regulatory Commission, the United States Geological Survey, the United States Reclamation Service, or any other federal agency or commission engaged in similar work, and may enter into contracts or agreements whenever it appears desirable or advantageous to the state. [Amended by 1985 c.673 §136]

Source: Section 542.080 — Cooperation with federal agencies; contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 543a.060 — OR Code / Title 45 / Chapter 543a / Section 543a.060
543A.060 Coordination of state and federal reauthorization processes
Status: in_force

(1) For a federally licensed project, the Water Resources Department and the Hydroelectric Application Review Team shall conduct the state reauthorization review, to the maximum extent feasible, in a manner that is consistent with and avoids duplication of federal agency review. Such coordination shall include, but need not be limited to:

(a) Whenever feasible, elimination of duplicative application, study and reporting requirements;

(b) Hydroelectric Application Review Team use of information generated and documents prepared for the federal agency review;

(c) Development with the federal agency and reliance on a joint record to address applicable state standards;

(d) Whenever feasible, joint hearings and issuance of a state water right decision in a time frame consistent with the federal agency review; and

(e) To the extent consistent with applicable state standards, establishment of conditions in any state hydroelectric water right that are consistent with the conditions established, or required to be incorporated into licensing, by the federal agency.

(2) In order to better coordinate with the review of the project by the Federal Energy Regulatory Commission, the team may, at the request of an applicant, make changes to the process set forth in ORS 543A.060 (Coordination of state and federal reauthorization processes) to 543A.115 (Final unified state position) , if the changes do not diminish opportunities for public input otherwise provided by ORS 543A.060 (Coordination of state and federal reauthorization processes) to 543A.115 (Final unified state position) . [1997 c.449 §12]

Source: Section 543A.060 — Coordination of state and federal reauthorization processes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 545.094 — OR Code / Title 45 / Chapter 545 / Section 545.094
545.094 Engineering plan for improvements within subdistricts
Status: in_force

After the creation of a subdistrict, the board may develop an engineering plan for the improvements requested in the petition for the creation of the subdistrict or proposed by the board. The board may make an engineering plan for the subdistrict or may adopt as an engineering plan any plan 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. Upon completion of the plan, the board shall give notice of the plan 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 the 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 at which objections to the plan may be heard by the board. The 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 may make changes in the engineering plan that the board considers necessary after reviewing objections or suggestions made by any person at the hearing. After the hearing, the board may 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 subject to the charges or assessments of the district file written objections to the order approving the engineering plan with the secretary of the district within 15 days after the date of the order, no further action shall be taken under the order and the plan shall be considered to have been rejected by the landowners. When an engineering plan for a subdistrict is rejected by the landowners, the board may obtain a new engineering plan and present it to the landowners in the manner provided in this section. [1999 c.356 §3]

Note: See note under 545.093 (Creation of subdistricts) .

Source: Section 545.094 — Engineering plan for improvements within subdistricts; notice; hearing; remonstrance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 551.050 — OR Code / Title 45 / Chapter 551 / Section 551.050
551.050 Hearing
Status: in_force

At the time advertised for the hearing of interested parties, the court may postpone the hearing as may be necessary in order to allow the viewers more time in which to report, or for other good cause. If, upon the final hearing, the county court, from the report of the viewers and the testimony of interested persons, believes that the benefits to be derived from forming a diking district are not sufficiently great to justify the expenditure which will be incurred, the petition and report shall be dismissed at the cost of the petitioners. If the court believes that the proposed improvement will be for the general public good, and that the increase in the taxable value of the land will be greater than the cost, or that destruction of or damage to property equal to the cost will be prevented, the petition shall be granted and the district formed, a number given by which it shall be designated in future proceedings, the report of the viewers adopted and incorporated in the court records, and the cost of the preliminary work assessed upon the district.

Source: Section 551.050 — Hearing; postponement; decision of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 545.393 — OR Code / Title 45 / Chapter 545 / Section 545.393
545.393 Resolution concerning assessments for payment to United States
Status: in_force

When an irrigation district has entered into a contract with the United States providing for payment to the United States under any federal reclamation law, the board of directors of the irrigation district, at any regular meeting that is not later than its meeting on the second Tuesday of September of any year, may enter a resolution fixing the date upon which computation shall be made of the necessary funds to be raised as provided in ORS 545.391 (Assessments for contracts with United States) and the date when the board shall convene as a board of equalization. In the resolution, the board of directors may authorize the discounts that may be provided for in the contract between the district and the United States for payment of assessments in full on or before December 31 of the year in which the assessments are made. The board of directors shall make the levy of assessments in such amount that the discount can be allowed without reducing collections below the required amount. The resolution shall be published for two consecutive weeks in a newspaper in the county in which the office of the district is located. The resolution thereafter shall remain in full force and effect until revoked by the board. If the district does not collect its own assessments, the assessment shall be completed and the levy filed with the county assessor prior to November 30 of the year in which the assessment is made. After receipt of a certified copy of the resolution, the county officers charged with the collection of irrigation district assessments shall collect the assessments in accord with the provisions of the resolution. [Formerly 545.442]

Source: Section 545.393 — Resolution concerning assessments for payment to United States; publication; collection by county officers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 551.010 — OR Code / Title 45 / Chapter 551 / Section 551.010
551.010 Use of “lands” in chapter
Status: in_force

(1) When the term “lands” is used in this chapter in reference to taxation, it shall not be held to include improvements thereon; but the roadbed of railway lines within diking districts shall be subject to taxation for diking purposes.

(2) For purposes of this chapter, duties prescribed for the county surveyor may also be performed by the county engineer if the county employs a registered professional engineer. [Amended by 1965 c.286 §1]

Source: Section 551.010 — Use of “lands” in chapter; railroads subject to taxation; duties of surveyor and engineer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 554.520 — OR Code / Title 45 / Chapter 554 / Section 554.520
554.520 Application for inclusion or exclusion
Status: in_force

When a corporation receives an application of one or more landowners either to include the lands of the landowner in or exclude the lands of the landowner from the corporation, the application shall be acted upon at a meeting of the members. If at the meeting the members present approve the application of the landowner by a majority vote, articles of amendment shall be executed by the corporation and filed with the Secretary of State and from the date of such filing the lands described in the amendment, as recited in the amendment, shall either be included or excluded from the corporation. [1963 c.103 §3]

Source: Section 554.520 — Application for inclusion or exclusion; approval of members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 545.545 — OR Code / Title 45 / Chapter 545 / Section 545.545
545.545 Determination of liability of individual tracts for bonded indebtedness
Status: in_force

(1) Upon application by any owner of a tract of land within the district, the board of directors of any irrigation district may determine the proportionate part of the liability of the tract for assessment in payment of the outstanding bonded indebtedness. In determining the amount of liability, the board shall take the total amount of bonds outstanding and divide this sum by the total irrigable acres and multiply the quotient by the total irrigable acres in the tract. In any district in which the cost has been divided into units, the board shall determine the proportionate amount of liability in the same manner, using the total amount of bonded indebtedness apportioned to the unit and the irrigable area in the unit. After determining the total apportioned part of the liability of any tract for the payment of bonded indebtedness, the board of directors may accept the bonds of the district in payment of the total amount of the liability of the tract of land within the district. However, in addition to the bonds, a cash payment of not less than five percent of the total amount of liability on the tract shall be tendered and paid to the district at the time of delivery of the bonds.

(2) Except in case of default of the district, the board of directors may enter into an agreement with the owner of the tract of land who makes the payment, relieving the tract of all existing assessments and liens, except warranted indebtedness, state interest, and operation and maintenance. The transaction shall be recorded in the minutes of the board of directors of the district.

(3) Any additional cash payment collected by the board under subsection (1) of this section shall be deposited with the treasurer of the district and placed in a separate fund, which shall be used only for the retirement of bonds. [Formerly 545.216]

Source: Section 545.545 — Determination of liability of individual tracts for bonded indebtedness; acceptance of bonds and cash in payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 550.340 — OR Code / Title 45 / Chapter 550 / Section 550.340
550.340 General obligation bonds
Status: in_force

(1) Intentionally left blank —Ed.

(a) Upon approval of the electors of the urban flood safety and water quality district, the district may issue general obligation bonds. The district may not issue or have outstanding at the time of issuance general obligation bonds in a principal amount that exceeds two percent of the real market value of all taxable property in the district, calculated as provided under ORS 308.207 (Computation of real market value for taxing or bonding limitations) .

(b) Bonds issued under this section may be issued solely for the purpose of financing:

(A) Capital construction or capital improvements within the meaning of Article XI, section 11, of the Oregon Constitution;

(B) Capital construction or improvements within the meaning of Article XI, section 11b, of the Oregon Constitution; or

(C) Capital costs within the meaning of Article XI, section 11L, of the Oregon Constitution.

(2) All general obligation bonds, including refunding bonds, issued under this section shall be issued as prescribed in ORS chapter 287A. [2019 c.621 §20]

Source: Section 550.340 — General obligation bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 543.165 — OR Code / Title 45 / Chapter 543 / Section 543.165
543.165 Hydroelectric facility on part of Deschutes River prohibited
Status: in_force

No person, state agency, local government, district or municipal corporation shall construct, and no officer or agency of the state shall issue any permit for the construction of any hydroelectric facility or structure on the Deschutes River between river mile 172 below Lava Island Falls and river mile 227 below but not including Wickiup Dam. [1985 c.560 §1]

Note: 543.165 (Hydroelectric facility on part of Deschutes River prohibited) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 543.165 — Hydroelectric facility on part of Deschutes River prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 541.987 — OR Code / Title 45 / Chapter 541 / Section 541.987
541.987 Commission organization and membership
Status: in_force

(1) The Oregon Agricultural Heritage Commission shall select one of its voting members as chairperson and another voting member as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines.

(2) A majority of the voting members of the commission constitutes a quorum for the transaction of business.

(3) The commission shall meet at least once every 12 months at a time and place determined by the Oregon Watershed Enhancement Board. The commission also may meet at other times and places specified by the call of the chairperson or of a majority of the voting members of the commission.

(4) Members of the commission are not entitled to compensation but, at the discretion of the board, may be reimbursed from funds available in the Oregon Agricultural Heritage Fund for actual and necessary travel and other expenses incurred by the members in the performance of official duties in the manner and amount provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(5) The board shall provide staff support for the work of the commission. [2017 c.716 §8]

Note: See note under 541.977 (Definitions for ORS 541.977 to 541.989) .

Source: Section 541.987 — Commission organization and membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.685 — OR Code / Title 45 / Chapter 545 / Section 545.685
545.685 Establishing bank account for payment of labor and emergency expenses
Status: in_force

(1) The board of directors of an irrigation district may withdraw from any moneys deposited on behalf of the district an amount designated by the board and deposit it in an account with any insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , that is approved by the board to be maintained in the name of the district for the purposes set forth in subsection (2) of this section.

(2) The account established under this section shall be used for the payment of any claims arising out of labor and emergency expenses incurred by the district during any month. Moneys may be withdrawn from the account by:

(a) Check or draft signed by at least two individuals authorized to do so by the board of directors; or

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

(3) The expenditures made shall be ratified and audited by the board at each regular meeting.

(4) As used in this section, “electronic funds transfer” has the meaning given that term in ORS 293.525 (Payments to and by state agencies by electronic funds transfers) . [Formerly 545.563; 1997 c.631 §488; 2005 c.492 §2]

Source: Section 545.685 — Establishing bank account for payment of labor and emergency expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.621 — OR Code / Title 45 / Chapter 545 / Section 545.621
545.621 Exchange of refunding bonds for outstanding indebtedness
Status: in_force

When proceeding under ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) , the board of directors of any irrigation district that desires to issue refunding bonds in a satisfaction or discharge of any outstanding indebtedness or to replace outstanding indebtedness, may, instead of retiring the outstanding indebtedness from the proceeds of the sale of the bonds, exchange the refunding bonds for the outstanding indebtedness and in full compromise, satisfaction and discharge of the outstanding indebtedness. The board of directors shall issue the bonds in such denominations and to the several holders of the outstanding indebtedness as may be found necessary and expedient in the retirement of the outstanding indebtedness. The State Treasurer, on behalf of the state, may negotiate and arrange terms for exchange of interest certificates of indebtedness issued to the state by the district for district refunding bonds on the same terms as those bonds are accepted by other creditors. [Formerly 545.274]

Source: Section 545.621 — Exchange of refunding bonds for outstanding indebtedness; exchange of interest certificates for bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 554.305 — OR Code / Title 45 / Chapter 554 / Section 554.305
554.305 Notice of grounds for dissolution
Status: in_force

(1) If the Secretary of State determines that one or more grounds exist under ORS 554.302 (Dissolution of corporation by Secretary of State) for dissolving a corporation organized under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) , the Secretary of State shall give the corporation written notice of the determination.

(2) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State, within 45 days after notice is given, that each of the grounds that the Secretary of State has determined to be a ground for the dissolution does not exist, the Secretary of State shall dissolve the corporation.

(3) A corporation administratively dissolved continues the corporation’s corporate existence but may not carry on any activities except activities that are necessary or appropriate to wind up and liquidate the corporation’s business and affairs and notify claimants.

(4) The administrative dissolution of a corporation does not terminate the authority of the corporation’s registered agent.

(5) A corporation involuntarily dissolved under this section continues to exist as a body corporate for the purpose of performing or enforcing any debt or obligation under contract or agreement with the federal or state government, including the power to levy and collect assessments for performing or enforcing the debt or obligation. [1987 c.94 §153; 1991 c.132 §15; 1993 c.190 §23; 2013 c.159 §15]

Source: Section 554.305 — Notice of grounds for dissolution; opportunity for correction; effect of dissolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 555.310 — OR Code / Title 45 / Chapter 555 / Section 555.310
555.310 Reclamation of lands in Tumalo Project
Status: in_force

The Water Resources Commission is authorized and empowered to contract for the completion of the reclamation of lands in the Tumalo Project or any part thereof, and to otherwise carry out the provisions of ORS 555.310 (Reclamation of lands in Tumalo Project) to 555.410 (Repayment of appropriation from receipts of sale of lands) , with any irrigation district, organized pursuant to the laws of Oregon, including lands in the project or any part thereof, or with any other irrigation district, or with the federal government, or with any person.

Source: Section 555.310 — Reclamation of lands in Tumalo Project; contracts for , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 536.045 — OR Code / Title 45 / Chapter 536 / Section 536.045
536.045 Sending or receipt of documents in electronic form
Status: in_force

(1) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that requires the mailing of a document, the submission of a document in written form or the provision of a certified copy of a document, the Water Resources Department may adopt rules:

(a) Allowing the submission of one or more types of document to the department by electronic means in lieu of submission by mailing or submission in written form;

(b) Allowing the department, with the consent of the recipient, to send one or more types of document in electronic form in lieu of mailing or other sending of the document in written form; or

(c) Identifying acceptable means for verifying the authenticity of a document sent by electronic means in lieu of the provision of a certified copy of the document.

(2) The department may not adopt rules to require the submission of documents to the department by electronic means. The department may not require a recipient to consent to the receipt of documents from the department by electronic means. The department may not use electronic means in lieu of service under ORCP 7 or notice under ORS 183.413 (Notice to parties before hearing of rights and procedure) or 183.415 (Notice of right to hearing) .

(3) For purposes of determining timeliness or calculating deadlines, a document sent by electronic means in accordance with department rules is considered to be delivered when sent.

(4) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that specifies a fee amount, the department may reduce or waive the fee for a document that the department sends or receives by electronic means. [2011 c.51 §1]

Note: 536.045 (Sending or receipt of documents in electronic form) 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 536.045 — Sending or receipt of documents in electronic form; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 545.349 — OR Code / Title 45 / Chapter 545 / Section 545.349
545.349 Authority to transfer land to federal government for development and colonization
Status: in_force

Any irrigation district organized under the laws of Oregon may turn over to the federal government, or any federal agency, any lands owned or controlled by the district, for the purpose of development and colonization by the federal government or federal agency. The irrigation district may levy assessments for repayment to the federal government or federal agency of the sum expended in the development of the lands, with interest on the assessments not to exceed six percent per annum. The district may also assess the lands to cover repayment to the district of its cost, with interest on the assessments not to exceed six percent per annum. The district shall deposit the moneys collected as assessments in the “Bond Fund” account, or the “United States Contract Fund” account, or the “Bond and United States Contract Fund” account, as appropriate. The latter assessments shall be in addition to the assessments which may be levied to meet the reclamation charges, interest on the reclamation charges and maintenance. Irrigation districts may enter into contracts and assume obligations with the federal government or any federal agency, as may be necessary, expedient or desirable to bring about the development of lands in the irrigation district. [Formerly 545.172]

Source: Section 545.349 — Authority to transfer land to federal government for development and colonization; repayment of expenditures; levy of assessments; funds; contracts with federal government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.203 — OR Code / Title 45 / Chapter 545 / Section 545.203
545.203 Election of additional directors
Status: in_force

Upon canvass of the returns, as provided in ORS 545.149 (Canvass of returns) , if there is any change voted, the person receiving the highest number of votes for the office of director at the election shall serve as director of the district at large for a three-year term that shall be considered to have started on the first Tuesday in January that next followed the last previous general election. The person receiving the next highest number of votes shall serve as director of the district at large for a term of two years that shall be considered to have started on the first Tuesday in January that next followed the last previous general election. [Formerly 545.020]

Source: Section 545.203 — Election of additional directors; terms of office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.395 — OR Code / Title 45 / Chapter 545 / Section 545.395
545.395 Development of district by units
Status: in_force

An irrigation district may provide for the reclamation, improvement or irrigation of the lands within the district in units. When a district does so, the assessments against the lands in the district may be apportioned by the board of directors to the lands owned or held by each person so that the lands in each unit shall pay the cost of reclaiming, improving, maintaining and operating the lands in the unit. Within the units the assessments shall be apportioned in accordance with ORS 545.381 (Annual assessments) , 545.385 (Certain lands may be assessed at different amounts) , 545.387 (Assessment on benefit basis) , 545.389 (Deduction for rights or property required by district) , 545.391 (Assessments for contracts with United States) and 545.413 (Record of assessments and apportionments) . Land noncontiguous to an irrigation district may be included in the district as a unit at the time of the organization of the district or at any subsequent time. Prior to the completion of the works for the reclamation of any units the lands in the units may be assessed as appears equitable to the board, subject to the rights of land owners in the district to have the assessments adjusted by the board of equalization and to appeal therefrom. However, all reclaimed or improved lands, whether irrigated or not, shall be subject to assessment for the payment of any obligation of the district. [Formerly 545.444; 1999 c.452 §25]

Source: Section 545.395 — Development of district by units; apportionment of assessments; inclusion of noncontiguous land; assessment of reclaimed or improved lands for district obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.077 — OR Code / Title 45 / Chapter 547 / Section 547.077
547.077 Powers of boards of supervisors west of the Cascade Mountains
Status: in_force

(1) The board of supervisors of a drainage district lying west of the Cascade Mountains, whether or not organized under the Drainage District Act:

(a) Shall supervise and control flood control projects within the boundaries of their districts.

(b) May prescribe the width, grade and other specifications of flood control projects, drainage works or irrigation works described in this subsection.

(2) The board may construct and maintain flood control projects within the boundaries of their districts. [2015 c.544 §9]

Note: See note under 547.063 (Definitions) .

Source: Section 547.077 — Powers of boards of supervisors west of the Cascade Mountains , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.252 — OR Code / Title 45 / Chapter 537 / Section 537.252
537.252 Certificate issued for land not described in permit
Status: in_force

(1) When issuing a water right certificate under ORS 537.250 (Water right certificate) to a district, or to a government agency for a district, the Water Resources Department may issue the water right certificate for land not described in the permit if:

(a) Water furnished by the district under the permit has been applied beneficially to the land;

(b) The land not described in the permit that is proposed to be included in the certificate is included within the legally established boundaries of the district and is subject to the charges, assessments and liens of the district;

(c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;

(d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and

(e) The impact to the water source of including land not described in the permit will not differ significantly from the impact expected at the time the permit was issued for the lands described in the permit.

(2) If a district proposes to use water on lands not described in the permit, the Water Resources Department may issue a certificate that includes such additional lands if all of the conditions of subsection (1) of this section are satisfied and if, no later than 60 days before the district actually applies the water to the lands not described in the permit, the district provides written notice to the department. The notice shall include a copy of the original permit map modified to show the lands to be added and lands to be removed from the description of the place of use of the water. Upon receipt of the notice from the district, the department shall provide public notice of the proposed change by means of publication in the department’s weekly notice and by publication once each week for two successive weeks in a newspaper having general circulation in the county or counties in which the affected lands are located. The cost of publication shall be paid by the district.

(3) If a district has issued an order of inclusion or exclusion, the boundaries of the irrigation district shall be deemed to have been legally changed in the absence of approval of the Secretary of the Interior.

(4) As used in this section:

(a) “District” has the meaning given in ORS 540.505 (Definitions) .

(b) “Legally established boundaries” means the boundaries of a district as established at the time of creation of the district and as the boundaries may have changed after creation of the district by an inclusion, exclusion or merger proceeding according to state law. [1995 c.218 §2; 1995 c.416 §21b; 2003 c.14 §343; 2011 c.52 §4]

Source: Section 537.252 — Certificate issued for land not described in permit; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 540.355 — OR Code / Title 45 / Chapter 540 / Section 540.355
540.355 Inspection, evaluation and assessment of hydraulic structures
Status: in_force

(1) The Water Resources Department may inspect, evaluate and assess the condition of a levee, dike, ditch or other hydraulic structure with the permission of the owner.

(2) In performing the actions under subsection (1) of this section, the department may:

(a) Provide recommendations and technical assistance;

(b) Advise on necessary maintenance and repairs;

(c) Assist with the development of emergency action plans to ensure the safety of life, property or public infrastructure;

(d) Undertake activities necessary to identify the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure;

(e) Assist with mapping the locations of hydraulic structures;

(f) Enter into contracts, memorandums of understanding and intergovernmental agreements;

(g) Accept and receive moneys from any public or private source;

(h) Accept and receive payment for services performed; and

(i) Exchange information and perform other actions as necessary to cooperate with private, local, state and federal entities.

(3) The department’s actions under this section shall not relieve the owners of levees, dikes, ditches or other hydraulic structures of their legal liabilities and responsibilities.

(4) If the department is aware of conditions that indicate the need for immediate action to prevent the failure of a hydraulic structure, the department may:

(a) Advise the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure regarding the actions necessary to prevent the failure; and

(b) If the conditions create a risk to life, property or public infrastructure, notify emergency managers.

(5) The Water Resources Commission may adopt rules for the administration of this section. [2015 c.667 §5; 2019 c.390 §20]

Note: 540.355 (Inspection, evaluation and assessment of hydraulic structures) was added to and made a part of ORS chapter 540 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 540.355 — Inspection, evaluation and assessment of hydraulic structures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 536.700 — OR Code / Title 45 / Chapter 536 / Section 536.700
536.700 “Drainage basin” defined
Status: in_force

As used in ORS 536.700 (“Drainage basin” defined) to 536.780 (Water conservation or curtailment plan) , “drainage basin” means one of the 18 Oregon drainage basins identified by the Water Resources Department as shown on maps published by that department dated January 1976. [1977 c.541 §3]

Source: Section 536.700 — “Drainage basin” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 548.355 — OR Code / Title 45 / Chapter 548 / Section 548.355
548.355 Nature of proceedings
Status: in_force

The procedure in the circuit court under the provisions of ORS 548.340 (Contents of petition) to 548.350 (Hearing) shall be in the nature of an action in rem not triable by right to a jury. Any holders of any evidences of indebtedness affected by any such court procedure provided for in those sections, or any other interested party, may appeal to the Court of Appeals at any time within 30 days after the rendition of the judgment of the circuit court. The court inquiring into the regularity, legality or correctness of any of such proceedings shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties, and may approve the proceedings in part and disapprove the remainder. Costs in the proceeding may be allowed and apportioned between the parties in the discretion of the court. [Amended by 1979 c.284 §170]

Source: Section 548.355 — Nature of proceedings; appeal; nonprejudicial errors; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 540.660 — OR Code / Title 45 / Chapter 540 / Section 540.660
540.660 Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate
Status: in_force

(1) If a watermaster has reason to believe that circumstances exist that prevent a water right from being exercised according to the terms and conditions of the water right certificate issued under ORS 537.250 (Water right certificate) or 539.140 (Water right certificates) , such as the land to which the water right is appurtenant is covered by an impermeable surface, or the diversion mechanism used to appropriate water under a water right is no longer operable, the watermaster shall file an affidavit with the Water Resources Director. The affidavit shall state that to the best of the watermaster’s knowledge, there is no physical way the water may be applied to a beneficial use in accordance with the terms and conditions of the water right certificate.

(2) If the watermaster files an affidavit under subsection (1) of this section each year for five consecutive years, the affidavits shall constitute prima facie evidence that the water has not been applied to a beneficial use for five years and the Water Resources Commission shall initiate proceedings under ORS 540.631 (Cancellation of forfeited water right) to cancel the water right.

(3) The Water Resources Department shall provide notice of the affidavit filed with the Water Resources Director under subsection (1) of this section. The department shall provide such notice in the following manner:

(a) If there are 25 or fewer record owners of the land, the department shall mail a copy of the affidavit to each record owner.

(b) If there are more than 25 record owners, the department shall provide general notice by publication according to the procedures established in ORS 193.010 (Definitions for ORS 193.010 and 193.020) to 193.100 (Payment for newspaper publication of state laws or notices) .

(c) If the land is within the boundaries of an irrigation district, the department shall mail a copy of the affidavit to the irrigation district.

(4) As used in this section, “record owner” means the person shown as the owner of the land in the county deed records established under ORS chapter 93. [1987 c.339 §1]

Source: Section 540.660 — Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate; procedures for cancellation of right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.130 — OR Code / Title 45 / Chapter 537 / Section 537.130
537.130 Permit to appropriate water required
Status: in_force

(1) Except for a use exempted under ORS 537.040 (Registration of water for road construction, maintenance or reconstruction) , 537.141 (Uses of water not requiring water right application, permit or certificate) , 537.142 (Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program) , 537.143 (Limited license to use or store surface or ground water or to use stored water) or 537.800 (Waste, spring and seepage waters) or under the registration system set forth in ORS 537.132 (Exemption from permit requirement for use of reclaimed water) , any person intending to acquire the right to the beneficial use of any of the surface waters of this state shall, before beginning construction, enlargement or extension of any ditch, canal or other distributing or controlling works, or performing any work in connection with the construction, or proposed appropriation, make an application to the Water Resources Department for a permit to make the appropriation.

(2) Except for a use exempted under ORS 537.040 (Registration of water for road construction, maintenance or reconstruction) , 537.141 (Uses of water not requiring water right application, permit or certificate) , 537.142 (Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program) , 537.143 (Limited license to use or store surface or ground water or to use stored water) or 537.800 (Waste, spring and seepage waters) or under the registration system set forth in ORS 537.132 (Exemption from permit requirement for use of reclaimed water) , a person may not use, store or divert any waters until after the department issues a permit to appropriate the waters.

(3) The department may not issue a permit without notifying the owner, as identified in the application, of any land to be crossed by the proposed ditch, canal or other work as set forth in the application filed pursuant to ORS 537.140 (Application for permit) . The department shall provide the notice even if the applicant has obtained written authorization or an easement from the owner.

(4) If more than 25 persons are identified in the application as required under subsection (3) of this section, the department may provide the notice required under subsection (3) of this section by publishing notice of the application in a newspaper having general circulation in the area in which the proposed ditch, canal or other work is located at least once each week for at least two successive weeks. The cost of the publication shall be paid by the applicant in advance to the department. [Amended by 1985 c.310 §3; 1985 c.673 §25; 1989 c.509 §3; 1991 c.370 §4; 1995 c.365 §1; 1995 c.416 §2a; 2005 c.14 §2; 2011 c.52 §2]

Source: Section 537.130 — Permit to appropriate water required; notification to owner of certain land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.680 — OR Code / Title 45 / Chapter 537 / Section 537.680
537.680 Taking testimony
Status: in_force

Testimony shall be taken, evidence shall be open to inspection and claims shall be subject to contest in a proceeding to determine rights to appropriate the ground water of any ground water reservoir initiated under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) as nearly as possible in the same manner as provided in ORS 539.070 (Hearing by director) , 539.090 (Notice of right to inspect evidence, and of place of court hearing) , 539.100 (Contest of claims submitted to director) and 539.110 (Hearing of contest) for the determination of the relative rights of the various claimants to the waters of any surface stream. [1955 c.708 §17]

Source: Section 537.680 — Taking testimony; inspecting evidence; contesting claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.292 — OR Code / Title 45 / Chapter 537 / Section 537.292
537.292 Conditions to be imposed on certificate of municipal corporation or district
Status: in_force

(1) Whenever the Water Resources Commission issues a certificate under ORS 537.250 (Water right certificate) granting a municipal corporation or district as defined in ORS 543.655 (Definitions for ORS 543.650 to 543.685) the right to appropriate water for the purpose of generating hydroelectric power, the commission shall impose the following conditions on the certificate, in addition to any other term, limitation or condition imposed under ORS 537.250 (Water right certificate) :

(a) That the water right may not be assigned to any nonmunicipal entity so as to result in a loss of ownership of the certificate by the municipal corporation or district.

(b) That the holder of the water right certificate must remain qualified as a municipal applicant under ORS 537.285 (Municipal applicant may develop hydroelectric project jointly with private person) and 537.287 (Rules for joint project of municipal applicant and private person) . If the municipal corporation or district is generating the hydroelectric power jointly with a nonmunicipal entity, that any proposed changes in the agreement between the municipal corporation and the nonmunicipal entity must be reviewed by the Water Resources Commission to determine whether or not the owner of the certificate remains qualified as a municipal applicant.

(2) If the commission determines that an owner of a certificate no longer qualifies as a municipal applicant, the commission shall notify the owner of the certificate and any nonmunicipal entity developing or operating the project jointly with the owner that the parties have 90 days to amend their joint agreement in a manner that allows the parties to continue to qualify as a municipal corporation or district. [1985 c.392 §6; 1985 c.673 §187]

Source: Section 537.292 — Conditions to be imposed on certificate of municipal corporation or district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 548.370 — OR Code / Title 45 / Chapter 548 / Section 548.370
548.370 Cancellation or compromise of assessments by districts refunding indebtedness through federal agencies
Status: in_force

The board of supervisors of any drainage district or the board of directors of any irrigation district may cancel or compromise any special assessments assessed and levied by such board on lands within the district if the district is refunding its outstanding indebtedness through any governmental agency of the United States. When such assessments are canceled or compromised the board may make appropriate notation of same upon the proper records. [Amended by 1989 c.182 §38; 1997 c.170 §55]

Source: Section 548.370 — Cancellation or compromise of assessments by districts refunding indebtedness through federal agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 554.410 — OR Code / Title 45 / Chapter 554 / Section 554.410
554.410 Applicability of ORS 554.005 to 554.340 to corporations organized under 1911 Act
Status: in_force

Nothing in ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) shall be so construed as to affect the validity of any district improvement company organized before March 4, 1937, under the provisions of chapter 172, Oregon Laws 1911, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; but such corporations hereby are made subject to the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) so far as applicable. The provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) shall not affect, impair or discharge any contract, obligation, lien or charge for or upon which such a company was or might become liable or chargeable had those sections not been passed; nor shall they affect the validity of any bonds issued prior to March 4, 1937; nor shall they affect any action then pending. All such corporations organized after March 4, 1937, shall be organized under the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) and not otherwise. Any corporation organized before March 4, 1937, under the provisions of chapter 172, Oregon Laws 1911, which amends its articles of incorporation and landowners’ notice as provided in ORS 554.420 (Amendment of articles, and landowners’ notice, of corporation organized under 1911 Act) , shall thereafter be subject to the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) .

Source: Section 554.410 — Applicability of ORS 554.005 to 554.340 to corporations organized under 1911 Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 537.783 — OR Code / Title 45 / Chapter 537 / Section 537.783
537.783 Reinjection of geothermal fluids
Status: in_force

(1) The Water Resources Commission shall adopt rules which govern the disposal by reinjection or other means of geothermal fluids derived from:

(a) Geothermal or hot water wells less than 2,000 feet deep producing fluids of less than 250 degrees Fahrenheit bottom hole temperature; or

(b) Geothermal or hot water wells less than 2,000 feet deep producing fluids that have been appropriated pursuant to ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) .

(2) The rules adopted under subsection (1) of this section shall include standards whereby contamination may be determined, construction standards for reinjection wells, testing procedures for identifying aquifers, standards and procedures for determining whether adjacent aquifers are being degraded by the reinjection process, guidelines for conservation of the resource, criteria for evaluating reservoirs or zones for geothermal fluid disposal and requirements for prior approval of all geothermal fluid reinjection proposals.

(3) A water pollution control facilities permit shall be obtained from the Department of Environmental Quality under ORS 468B.050 (Water quality permit) before reinjection is commenced. The Department of Environmental Quality may, by agreement with the Water Resources Commission, waive this requirement for reinjection into the reservoir from which the fluid came where adequate standards and tests have been adopted to insure the fluid and its residues are uncontaminated. [1979 c.547 §3; 1985 c.673 §74]

Source: Section 537.783 — Reinjection of geothermal fluids; rules and standards; water pollution control facilities permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.835 — OR Code / Title 45 / Chapter 541 / Section 541.835
541.835 Water Development Fund
Status: in_force

All moneys in the Water Development Fund created by Article XI-I (1), Oregon Constitution, hereby are appropriated continuously to the Water Resources Commission and shall be used for the purposes provided in ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) . Moneys expended from the fund may include those expended or to be expended for engineering, legal fees and acquisition of water rights and property required for rights of way or facility locations. Interest earned by the fund shall be credited to the fund. [1977 c.246 §18; 1985 c.673 §124; 1989 c.966 §61]

Source: Section 541.835 — Water Development Fund; use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.986 — OR Code / Title 45 / Chapter 541 / Section 541.986
541.986 Oregon Agricultural Heritage Commission
Status: in_force

(1) The Oregon Agricultural Heritage Commission is established, consisting of 12 members appointed by the Oregon Watershed Enhancement Board. The board shall appoint one board member to serve on an ex officio basis as a nonvoting member of the commission. The board shall appoint 11 voting members from among persons recommended as provided in subsection (2) of this section.

(2) Intentionally left blank —Ed.

(a) Four members shall be persons recommended by the State Board of Agriculture who are actively engaged in farming or ranching. The members must represent diverse types of agricultural commodities and be from geographically diverse areas of this state.

(b) One member shall be recommended by the Director of the Oregon State University Extension Service.

(c) Two members shall be persons recommended by the State Fish and Wildlife Commission who have expertise regarding fish and wildlife habitat.

(d) One member shall be a person recommended by the State Board of Agriculture who has expertise in agricultural water quality.

(e) One member shall be a person recommended by the Land Conservation and Development Commission who has expertise in conservation easements and similar land transfers.

(f) One member shall be a person selected by the Oregon Watershed Enhancement Board who is a representative of natural resource value interests.

(g) One member shall be a person selected by the Oregon Watershed Enhancement Board who is a representative of Indian tribal interests.

(3) The term of office of each voting member of the Oregon Agricultural Heritage Commission is four years, but the Oregon Watershed Enhancement Board may remove a member if requested by the authority that recommended the member. Before the term of a member expires, the authority that recommended the member shall make recommendations to the board regarding the appointment of a successor. An authority may recommend the reappointment of a member, but a member may not serve more than two consecutive terms. If there is a vacancy for any cause, the authority that recommended the vacating member shall make recommendations to the board regarding the appointment of a successor to serve for the unexpired term. [2017 c.716 §7]

Note: See note under 541.977 (Definitions for ORS 541.977 to 541.989) .

Source: Section 541.986 — Oregon Agricultural Heritage Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.140 — OR Code / Title 45 / Chapter 540 / Section 540.140
540.140 Insufficiency of water
Status: in_force

When the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall, subject to such limitations as may be prescribed by law, have the preference over those claiming such water for any other purpose, and those using the water for agricultural purposes shall have the preference over those using the same for manufacturing purposes.

Source: Section 540.140 — Insufficiency of water; preference of uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 549.110 — OR Code / Title 45 / Chapter 549 / Section 549.110
549.110 Application to county court for authority to build drainage ditch or levee, or to widen or straighten a stream
Status: in_force

(1) When any person owns land which requires draining, or any incorporated city in which there is any ditch, standing water or surplus water requiring draining has no means of draining such ditch, standing water or surplus water, and objection is made by the owners of adjacent land to the construction thereon or thereover of necessary means of drainage, such person or city may make application in writing to the county court of the county in which such land or city is situated, for the right of way or privilege to cut or dig or construct sufficient means of drainage over the adjacent land.

(2) Likewise any person or municipal corporation whose land is so situated that it is injured or liable to be injured by floodwaters from any natural stream flowing through or near the land may make application to the county court for the right to enlarge or straighten the bed of such natural stream, or strengthen or build up the banks so as to protect such lands from overflow or injury.

Source: Section 549.110 — Application to county court for authority to build drainage ditch or levee, or to widen or straighten a stream , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 541.937 — OR Code / Title 45 / Chapter 541 / Section 541.937
541.937 Flexible Incentives Account
Status: in_force

(1) There is created a Flexible Incentives Account in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. The moneys in the account are continuously appropriated to the Oregon Watershed Enhancement Board for the purposes specified in this section.

(2) The Oregon Watershed Enhancement Board shall use the Flexible Incentives Account to assist landowners in the implementation of strategies intended to protect and restore native species of fish, wildlife and plants and to maintain long-term ecological health, diversity and productivity in a manner consistent with statewide, regional or local conservation plans. The board shall seek to fund those strategies that offer the greatest public benefit at the lowest cost. The account may also be used to fund activities to achieve the purposes of stewardship agreements entered into under ORS 541.973 (Stewardship agreements) between a landowner, or a representative of the landowner, and the State Department of Agriculture or the State Board of Forestry.

(3) The account shall consist of moneys appropriated to it by the Legislative Assembly and moneys provided to the board by federal, state, regional or local governments for the purposes specified in this section. The board may accept private moneys in the form of gifts, grants and bequests for deposit into the account. [Formerly 541.381]

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

Source: Section 541.937 — Flexible Incentives Account; sources; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).