ORS § 537.873 — OR Code / Title 45 / Chapter 537 / Section 537.873
537.873 Place-based water planning grants
Status: repealed

(1) As used in this section:

(a) “Eligible implementation coordination costs”:

(A) Means costs associated with actions taken to coordinate the implementation of a state-recognized place-based integrated water resources plan.

(B) Does not include the costs of implementing a project.

(b) “Environmental justice community” has the meaning given that term in ORS 182.535 (Definitions for ORS 182.535 to 182.557) .

(c) “Indian tribe” means a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon.

(d) “Person” has the meaning given that term in ORS 536.007 (Definitions) .

(e) “Place-based integrated water resources plan” means a plan that:

(A) Is developed for a planning area associated with waters from sources within a shared hydrologic boundary;

(B) Is developed in collaboration with a balanced representation of interests;

(C) Addresses current and future in-stream and out-of-stream needs;

(D) Includes the development of actions that are consistent with the state water resources policy and other state laws concerning the water resources of this state;

(E) Is developed using an open, equitable and transparent process that fosters public participation and meaningful engagement with environmental justice communities, consistent with the requirements of ORS 182.545 (Duties of natural resource agencies) ;

(F) Is developed in consultation with the Water Resources Department and other relevant state agencies;

(G) Facilitates implementation of local water resources solutions and supports the knowledge and relationships needed to implement the solutions;

(H) Assesses actions that are compatible with local comprehensive plans;

(I) Strives to integrate solutions to cost-effectively achieve multiple benefits;

(J) Is consistent with the guiding principles of the integrated state water resources strategy; and

(K) Complies with the rules of the Water Resources Commission, including any rules regarding the development of place-based integrated water resources plans.

(f) “Place-based integrated water resources planning” means a collaborative and inclusive process that is designed to:

(A) Gather information to develop a shared understanding of water resources and identify critical issues and knowledge gaps;

(B) Examine the existing and future in-stream and out-of-stream water needs for people, the economy and the environment;

(C) Identify and prioritize strategic, integrated solutions to understand and meet in-stream and out-of-stream water needs; and

(D) Develop, implement and update a place-based integrated water resources plan.

(g) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined) .

(h) “Situation assessment” means an assessment conducted for the purpose of understanding the status of an issue, stakeholder perspectives and the needs and conditions that potentially affect the feasibility and design of a collaborative process to develop and implement a place-based integrated water resources plan.

(i) “State-recognized place-based integrated water resources plan” means a place-based integrated water resources plan that has been reviewed by the Water Resources Commission and recognized by a commission resolution stating that the completed place-based integrated water resources plan adheres to applicable requirements.

(2) The Water Resources Director may award grants with moneys from the Place-Based Water Planning Fund established in ORS 537.872 (Place-Based Water Planning Fund) to fund the costs of actions supporting place-based integrated water resources planning, including costs of:

(a) Filling gaps in state, tribal and local capacity, knowledge and skill sets.

(b) Developing data and associated analyses tailored to the area of a place-based integrated water resources plan.

(c) Assessing critical issues within the planning area.

(d) Building knowledge and relationships among state agencies, organizations with ties to or an interest in the planning area and people who live in, work in or are interested in the planning area.

(e) Assisting groups with preparing and assessing readiness to engage in relevant planning.

(f) Assisting with building the capacity of a community to engage in relevant planning.

(g) Facilitating and managing a collaborative process to support relevant planning.

(h) Developing, or supporting development of, a place-based integrated water resources plan.

(i) Facilitating associated public participation, including participation by members of environmental justice communities, through education, outreach, financial support and other activities.

(j) Updating a state-recognized place-based integrated water resources plan.

(k) Eligible implementation coordination costs.

(3) In awarding grants, the department may require cost matching by applicants.

(4) The grants may be awarded to persons, public bodies, Indian tribes and nonprofit organizations.

(5) The grants may be awarded as cost sharing with other programs that support place-based integrated water resources planning.

(6) In addition to disbursing moneys in the fund as described in subsection (2) of this section, the Water Resources Director may use moneys in the fund to further place-based integrated water resources planning by entering into agreements or contracting for the following:

(a) Efforts related to interagency coordination.

(b) Situation assessments.

(c) The collection or development of data, data inventories or other technical information necessary for planning.

(d) Technical assistance.

(e) The development of guidelines and best practices.

(f) Providing opportunities for public participation.

(g) The development or provision of training and learning opportunities.

(h) Holding events and gatherings.

(i) Evaluations to identify lessons learned and areas for improvement.

(j) Consultation with Indian tribes.

(k) Other actions in support of place-based integrated water resources planning that benefit a specific area in this state or the state as a whole.

(7) Before issuing funding under subsection (2) or (6) of this section, the Water Resources Director shall consult with the Department of Environmental Quality, Department of Land Conservation and Development, Oregon Health Authority, Oregon Watershed Enhancement Board, State Department of Agriculture and State Department of Fish and Wildlife to understand agency capacity to:

(a) Participate in place-based integrated water resources planning.

(b) Provide information and assistance described in subsection (9) of this section.

(8) Before issuing funding under subsection (2) of this section, the Water Resources Director shall notify county and tribal governments within the proposed planning boundary of an application.

(9) The Water Resources Department, Department of Environmental Quality, Department of Land Conservation and Development, Oregon Health Authority, Oregon Watershed Enhancement Board, State Department of Agriculture and State Department of Fish and Wildlife may provide technical information and assistance to, and enter into contracts or agreements with, a person, public body, Indian tribe or nonprofit organization to facilitate implementation of this section.

(10) The Water Resources Commission shall consider state-recognized place-based integrated water resources plans when updating the integrated state water resources strategy.

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

(a) Further clarify the expenditures that may be funded by the grants.

(b) Prioritize the issuance of funding for purposes described in this section and establish a system for scoring and ranking projects that includes consideration of groups’ readiness for planning and projects’ alignment with strategic priorities determined by state water laws and relevant state agencies.

(c) Establish requirements for promoting public participation and engaging environmental justice communities.

(d) Establish criteria and a process for state recognition of a place-based integrated water resources plan.

(e) Describe how the implementation of actions outlined in a state-recognized place-based integrated water resources plan may be considered and supported.

(f) Establish reporting and other requirements necessary to maintain the status of a state-recognized place-based integrated water resources plan, including requirements concerning:

(A) Progress on implementing a place-based integrated water resources plan.

(B) How strategies and actions outlined in a place-based integrated water resources plan must continue to represent a balance of in-stream and out-of-stream water interests.

(C) How the planning process continues to demonstrate a commitment to collaboration and adherence to principles of place-based integrated water resources planning and the integrated state water resources strategy described in ORS 536.220 (Policy on water resources generally) .

(12) In developing rules described in subsection (11) of this section, the commission shall consult with the agencies described in subsection (7) of this section and other affected agencies. [2023 c.606 §16]

Note: See note under 537.872 (Place-Based Water Planning Fund) .

Note: Section 7, chapter 606, Oregon Laws 2023, provides:

Sec. 7. Report on implementing the 1998 Stewardship and Supply Initiative. On or before October 1, 2024, the Water Resources Department shall develop, and provide to a committee or interim committee of the Legislative Assembly related to water, an updated scope and estimated cost and timeline for implementing the 1998 Stewardship and Supply Initiative and a proposed approach to sequencing development of river basin assessment reports. [2023 c.606 §7]

Note: Sections 8 and 9, chapter 606, Oregon Laws 2023, provide:

Sec. 8. Water management in the Chewaucan River watershed. (1) Oregon Consensus at Portland State University and Oregon State University shall establish a collaborative process for:

(a) Developing a shared understanding of water management in the Chewaucan River watershed; and

(b) Identifying broadly supported actions related to the Chewaucan River watershed that will strive to:

(A) Meet water needs, including needs for agricultural operations, communities, Lake Abert, wet meadows and fish and wildlife;

(B) Address the ecological health of Lake Abert and the entire Chewaucan River watershed; and

(C) Consider social, economic and environmental benefits and impacts.

(2) The process must be guided by a governance agreement that describes conditions for participation, the scope of the collaborative process, how decisions will be made and how the process will:

(a) Be developed by a collaborative group that represents a balance of interests, including but not limited to interests in in-stream and out-of-stream water;

(b) Address current and future in-stream and out-of-stream water needs;

(c) Promote contemplation of actions that are consistent with the state water resources policy as defined in ORS 536.007 (Definitions) and water-related state laws that are in effect on the effective date of this 2023 Act [August 4, 2023];

(d) Be developed through an open and transparent process that fosters public participation; and

(e) Be developed in consultation with the Department of Environmental Quality, the State Department of Fish and Wildlife, the Water Resources Department and affected federally recognized Indian tribes.

(3) The process may not delay or preclude the activities of agencies, including activities such as applying for in-stream water rights, regulating water use, managing water rights, collecting water-related data and performing technical analyses.

(4) The process may not interfere with water appropriations granted on or before the effective date of this 2023 Act for privately held surface and ground water rights to use water from the Chewaucan River watershed and the tributaries of the watershed.

(5) The process may not delay or preclude the activities of private landowners, including activities such as applying for new water rights, for water right transfer, for changes in points of diversion or appropriation or for irrigation uses, or any other activities allowed under water-related state laws. [2023 c.606 §8]

Sec. 9. Section 8 of this 2023 Act is repealed on June 30, 2025. [2023 c.606 §9]

Source: Section 537.873 — Place-based water planning grants; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 555.020 — OR Code / Title 45 / Chapter 555 / Section 555.020
555.020 Water Resources Commission to manage lands
Status: in_force

The selection, management, and disposal of the land referred to in ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) shall be vested in the Water Resources Commission. The commission may employ necessary assistance, purchase material and supplies, and shall have charge and control of all reclamation work undertaken, contracted for, or initiated by the State Land Board prior to the passage of chapter 226, Oregon Laws 1909, or by the Desert Land Board prior to the passage of chapter 434, Oregon Laws 1927, and of the reclamation companies which were operating under either of those boards.

Source: Section 555.020 — Water Resources Commission to manage lands; general powers; transfer of powers of former state boards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 550.240 — OR Code / Title 45 / Chapter 550 / Section 550.240
550.240 Eminent domain
Status: in_force

(1) Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (General powers of district) (4) shall be governed by ORS 35.015 (Prohibition on condemnation of certain properties with intent to convey property to private party) to 35.530 (Federal law controls) .

(2) The district’s authority to condemn property is limited to property located:

(a) Within the managed floodplain; or

(b) Outside the managed floodplain if the board of directors deems such property to be necessary for flood control within the managed floodplain.

(3) The district’s authority to condemn property includes property already devoted to a public use, if acquisition of such property is required by regulations applicable to the district under federal law, is required by a federally mandated agreement between a federal agency and the district or is approved by the public body that owns the property.

(4) If the district seeks to acquire by eminent domain all or a portion of property dedicated to open space under the land use regulations of a city or county, just compensation shall be determined based on the zoning designation applicable to the property immediately prior to the open space dedication. [2019 c.621 §10; 2022 c.16 §10]

Source: Section 550.240 — Eminent domain , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 553.370 — OR Code / Title 45 / Chapter 553 / Section 553.370
553.370 Reappraisal after construction of works
Status: in_force

In the event that it is determined, after the construction of any works within a subdistrict, that any lands within the subdistrict are benefited and the benefits accruing to such lands were not determined by the board or by appraisal or the benefits determined by the board are less than the benefits actually accruing to the property, or in case any person makes use of or profits by the works within any subdistrict to a degree not compensated for in the original determination of benefits by the board or by appraisal, or in case the directors of the district find it necessary to take or damage any additional property, the directors shall petition the court for appointment of a board of appraisers to appraise or reassess the benefits accruing to any tract of land within the subdistrict or to appraise the damages to or value of any property taken. After the appraisers file their report, the court shall act thereon in the manner provided for the approval by the court of the original appraisal.

Source: Section 553.370 — Reappraisal after construction of works; when authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 547.255 — OR Code / Title 45 / Chapter 547 / Section 547.255
547.255 Objections to petition
Status: in_force

Any owner of land located in the district, or any owner of land located outside of the district that will be affected by the proposed changes, amendments, and corrections enumerated in the petition, may file objections to the granting of the prayer of the petition, on or before the first day of the term of court at which the petition is to be heard. The court shall hear the petition and all objections filed against it in a summary manner and enter a judgment according to its findings. The clerk of the court shall, within 15 days after the granting of the judgment, transmit a certified copy of the judgment and of the petition to the secretary of the board of supervisors, and to the recorder of deeds of each county having land in the district. Each such recorder shall file and preserve the same in the recorder’s office, for which the recorder shall receive a fee of $3.75. [Amended by 1971 c.621 §40; 1975 c.607 §43; 1979 c.833 §35; 1981 c.835 §17; 2003 c.576 §512]

Source: Section 547.255 — Objections to petition; findings; judgment; recording , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 537.803 — OR Code / Title 45 / Chapter 537 / Section 537.803
537.803 Application proposing use of water outside of basin of origin
Status: in_force

(1) When an application for appropriation of water submitted under ORS 537.211 (Issuance of permit if application approved) , 537.400 (Reservoir permits) , 537.620 (Determination of completeness of application) , 543.210 (Preliminary permits) , 543.290 (Filing of maps, plans, estimates and other materials) or for a change in the place of use of an existing water right submitted under ORS 540.520 (Application for change of use, place of use or point of diversion) proposes use of water outside the basin of origin, the application shall include, in addition to any other information required, an analysis of the following:

(a) The amount of water in the basin of origin available for future appropriation.

(b) Projected future needs for water in the basin of origin.

(c) Benefits presently and prospectively derived from the return flow of water used within the basin of origin that will be eliminated by the proposed out-of-basin use.

(d) The correlation between surface water and ground water in the basin of origin, and whether the proposed use will be harmful to the supply of either.

(e) Injury to existing water rights of other appropriators or interference with planned uses or developments within the basin of origin for which a permit has been issued or for which an application is pending.

(f) Whether the proposed use will adversely affect the quantity or quality of water available for domestic or municipal use within the basin of origin.

(g) Whether the proposed use will adversely affect public uses, as defined in ORS 537.332 (Definitions for ORS 537.332 to 537.360) , in the basin of origin.

(h) Alternative sources of water for the proposed use that would not rely on transfer of water out of its basin of origin.

(2) This section shall apply only to an application filed on and after October 3, 1989.

(3) This section shall not apply to an application for exchange of water under ORS 540.533 (Application for exchange of water) to 540.543 (Regulation of headgates when water provided by exchange) .

(4) This section shall not apply to an application for the transfer of less than 0.5 cubic feet per second of water.

(5) Subsection (1) of this section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [1989 c.936 §4]

Source: Section 537.803 — Application proposing use of water outside of basin of origin; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.163 — OR Code / Title 45 / Chapter 545 / Section 545.163
545.163 Procedures for conducting election by mail
Status: in_force

(1) An irrigation district may conduct a district election by mail. The board of directors of the district shall designate by resolution, not later than the 50th day before any election, that an election will be conducted by mail.

(2) At an election by mail held for the purpose of electing a person to the board of directors, the qualifications for a director are those set forth in ORS 545.043 (Qualifications of directors) .

(3) An election by mail shall be conducted within the district or divisions within a district according to, as nearly as is practicable, the general provisions of ORS 545.137 (Notices of election) , 545.139 (Board of election) , 545.141 (Conduct of election) , 545.145 (Certificate of vote) , 545.149 (Canvass of returns) and 545.153 (Statement of result) . However, the judges of election appointed under ORS 545.137 (Notices of election) (2) are not required to be in attendance until after 8 p.m. on the day of the election.

(4) The secretary of the board of directors for the district shall mail an official ballot with a return identification envelope and a secrecy envelope to an elector, not sooner than the 20th day before the date of the election to be conducted by mail and not later than the 14th day before the election. The secretary shall cause to be placed in or on each return identification envelope a statement to be completed by the elector that says that the elector, under penalty of perjury, swears and affirms that the elector is the sole elector authorized to cast the ballot. In addition, the secretary shall verify that, according to the records of the district as of the 21st day before the election, the elector is entitled to vote.

(5) When a ballot is mailed to a corporate landowner, a person authorized to act in a representative capacity or landowners under multiple ownership, the secretary shall enclose voting instructions advising the elector that the voting rights of electors for corporate, representative or multiple ownerships are as described in ORS 545.002 (Definitions) .

(6) The secretary of the board of directors may not mail voting materials to an elector who actually acquires ownership of land within the district after the 21st day before the date of an election. When an elector has acquired ownership of land within the district after the 21st day before the date of an election, the secretary shall make voting materials available, and the elector may vote, only at the district office or at another place designated by the board.

(7) When the elector is an elector described in subsection (6) of this section, the secretary of the board of directors shall, before making voting materials available, require that the elector file with the district a copy of a recorded deed or a memorandum of contract demonstrating the acquisition of land by the elector within the district. The secretary shall then allow the elector to mark the ballot, sign the return identification envelope and return the ballot in the return identification envelope to the secretary.

(8) An elector may obtain a replacement ballot if the original ballot is destroyed, spoiled, lost or not received by the elector. The secretary shall keep a record of each replacement ballot provided to an elector. An elector may obtain a replacement ballot and may vote at the district office or another place within the district designated by the board of directors on the actual date of the election, during the hours designated in ORS 545.139 (Board of election) .

(9) Until the time for the close of the polls, an elector may obtain a replacement ballot from the secretary of the board of directors, at a place designated by the board, if the original ballot is destroyed, spoiled, lost or not received by the elector.

(10) When an elector receives vote by mail materials, the elector shall comply with all written instructions provided, mark the ballot, sign both the return identification envelope and the sworn statement of entitlement to vote and return the marked ballot to the district by placing the ballot in the return identification envelope and either depositing the envelope in the United States mail or delivering the sealed envelope to the district office or another place designated by the district.

(11) A completed ballot must be received by the district, at the proper place designated by the district, no later than 8 p.m. on the day of the election.

(12) A ballot shall be counted only if:

(a) The ballot was returned in the sealed return identification envelope provided by the district;

(b) The elector signed the return identification envelope; and

(c) The secretary of the board of directors has verified the name of the elector and the elector’s ownership of land within the district.

(13) Using the records of the district, the secretary shall verify the name and land ownership of each elector. If the secretary determines that an elector to whom a replacement ballot has been issued has voted more than once, the secretary may not count any ballot cast by that elector. [Formerly 545.045; 1999 c.452 §16; 2005 c.127 §1; 2007 c.154 §66; 2019 c.638 §5]

Source: Section 545.163 — Procedures for conducting election by mail , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.530 — OR Code / Title 45 / Chapter 540 / Section 540.530
540.530 Order authorizing change of use, place of use or point of diversion
Status: in_force

(1) Intentionally left blank —Ed.

(a) If, after hearing or examination, the Water Resources Commission finds that a proposed change can be effected without injury to existing water rights, the commission shall make an order approving the transfer and fixing a time limit within which the approved changes may be completed.

(b) If, after hearing or examination, the commission finds that a proposed change in point of diversion cannot be effected without injury to existing water rights, upon receipt by the commission of an affidavit consenting to the change from every holder of an affected water right, the commission may make an order approving the transfer and fixing a time limit within which the approved changes may be completed.

(c) If, after hearing or examination, the commission finds that a proposed change in point of diversion cannot be effected without injury to an in-stream water right granted pursuant to a request under ORS 537.336 (State agencies authorized to request in-stream water rights) or an in-stream water right created pursuant to ORS 537.346 (Conversion of minimum perennial streamflows to in-stream water rights) (1), the Water Resources Department may consent to the change only upon a recommendation that the department do so from the agency that requested the in-stream water right. The agency that requested the in-stream water right may recommend that the department consent to the change only if the change will result in a net benefit to the resource consistent with the purposes of the in-stream water right.

(d) Intentionally left blank —Ed.

(A) If an in-stream water right would be injured by a proposed change under paragraph (c) of this subsection, the department shall obtain a recommendation from the agency that requested the in-stream water right. If the recommendation of the agency is to consent to the change, the department shall provide public notice of the recommendation and, consistent with state laws regarding cooperation with Indian tribes in the development and implementation of state agency programs that affect tribes or rights and privileges of tribes, the department shall consult with affected Indian tribes.

(B) The recommendation of an agency under this paragraph must be in writing and, if the recommendation is to consent to the change, must describe the extent of the injury to the in-stream water right, the effect on the resource and the net benefit that will occur as a result of the proposed change. The recommendation may include any proposed conditions that are necessary to ensure that the proposed change will be consistent with the recommendation.

(C) In determining whether a net benefit will result from the proposed change, the recommendation of an agency must include an analysis of the cumulative impact of any previous changes under paragraphs (b) and (c) of this subsection that allow injury to the affected in-stream water right.

(D) A person may comment on the recommendation of an agency. The comment must be in writing and must be received by the department within 30 days after publication of notice under this paragraph. If a written comment received by the department requests a meeting on the proposed change, the department and the agency that requested the in-stream water right shall hold a joint public meeting within 90 days of the receipt of the comment requesting a meeting.

(e) Intentionally left blank —Ed.

(A) If, after review of public comments and consultation with the agency that requested the in-stream water right, the agency that requested the in-stream water right does not withdraw its recommendation to consent to the change, the department may approve the change consistent with the requirements of paragraphs (b) and (c) of this subsection.

(B) An order approving a change under paragraph (c) of this subsection shall include written findings on the extent of the injury to the in-stream water right, the effect on the resource and the net benefit that will occur as a result of the change. The order shall include any conditions necessary to ensure that the change will be consistent with the findings and ensure that the change will result in a continued net benefit to the resource consistent with the purposes of the in-stream water right.

(C) In determining whether a net benefit will result from the change, the order of the department must include an analysis of the cumulative impact of any previous changes approved under paragraphs (b) and (c) of this subsection that allow injury to the affected in-stream water right.

(f) The time allowed by the commission for completion of an authorized change under paragraphs (a) to (e) of this subsection may not be used when computing a five-year period of nonuse under the provisions of ORS 540.610 (Use as measure of water right) (1).

(2) Intentionally left blank —Ed.

(a) If a certificate covering the water right has been previously issued, the commission shall cancel the previous certificate or, if for an irrigation district, the commission may modify the previous certificate and, when proper proof of completion of the authorized changes has been filed with the commission, issue a new certificate or, if for an irrigation district, modify the previous certificate, preserving the previously established priority of rights and covering the authorized changes. If only a portion of the water right covered by the previous certificate is affected by the changes, a separate new certificate may be issued to cover the unaffected portion of the water right.

(b) If the change authorized under subsection (1) of this section is necessary to allow a change in a water right pursuant to ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) , is necessary to complete a project funded under ORS 541.932 (Watershed enhancement project assistance) , or is approved by the State Department of Fish and Wildlife as a change that will result in a net benefit to fish and wildlife habitat, the Water Resources Department, at the discretion of the Water Resources Director, may waive or assist the applicant in satisfying any of the proof of completion requirements of paragraph (a) of this subsection. The assistance provided by the department may include, but need not be limited to, development of a final proof survey map and claim of beneficial use.

(3) Upon receiving notification of the merger or consolidation of municipal water supply entities, or the formation of a water authority under ORS chapter 450, the commission shall cancel the previous certificates of the entities replaced by the merger, consolidation or formation and issue a new certificate to the newly formed municipality or water authority. The new certificate shall preserve the previously established priority of rights of the replaced entities and shall allow beneficial use of the water on any lands acquired in the merger, consolidation or formation. [Amended by 1975 c.581 §26b; 1983 c.807 §2; 1985 c.673 §95; 1989 c.707 §4; 1993 c.577 §37; 1999 c.664 §3; 1999 c.804 §1; 2001 c.299 §§1,2; 2005 c.614 §4]

Source: Section 540.530 — Order authorizing change of use, place of use or point of diversion; consent to injury; new or modified certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 538.450 — OR Code / Title 45 / Chapter 538 / Section 538.450
538.450 Pendleton
Status: in_force

(1) Subject to water rights existing on March 8, 1941, there is granted to the City of Pendleton, Umatilla County, and its water commission, the exclusive right to use for public or municipal purposes or use, or for the general use and benefit of people within or without the city, all waters of the north fork of the Umatilla River, the springs at the head which form the stream, and its tributaries to the confluence of the north fork with the main stream of the Umatilla River in the northwest quarter of section 22, township 3 north of range 37 east of the Willamette Meridian, which north fork is a tributary of the Umatilla River situated in Umatilla County.

(2) The City of Pendleton, its water commission, any of the city’s agents, agencies and officers, and others on its behalf, may appropriate all such waters for these purposes and uses for the benefit and use of the city, as above set forth, either by the city in its own name, or by any of its agents, agencies or officers or by any other persons on its behalf.

(3) No person shall appropriate or be granted a permit to the use of any of such waters, except as provided in this section. But the City of Pendleton may, under this grant, divert such waters from their watershed and convey them to the city and elsewhere for use by it for public or municipal purposes or use or for the general use and benefit of people within or without the city. All of such waters are withdrawn from future appropriation, except for use and benefit of the city as set forth in this section.

(4) The point of diversion of a water right granted under this section may be exercised at the main stem of the Umatilla River situated in Umatilla County to a point not below the westerly city limit of the City of Pendleton.

(5) Prior to exercising the right granted under this section, the City of Pendleton shall submit to the Water Resources Department a notice of intent to exercise the right. The notice of intent shall be made on a form prescribed by the department and shall set forth:

(a) The name and mailing address of the applicant;

(b) The source of the water supply including the name and mailing address of any owner of the land upon which the source of the water supply is located;

(c) The nature and the amount of the proposed use;

(d) The time within which construction of the right is proposed to begin;

(e) The time required to complete construction of the right;

(f) The time required for the complete application of the water to the proposed beneficial use;

(g) The point of diversion of the exercise of the right; and

(h) Any other information required by the department that is necessary to understand the nature of the proposed project.

(6) Prior to submitting a notice of intent pursuant to subsection (5) of this section, the City of Pendleton shall hold a public meeting in the water basin in which the right is located to discuss the proposed project and receive comments from the public.

(7) Within 14 days after receiving a notice of intent submitted pursuant to subsection (5) of this section, the department shall, in the weekly notice published by the department, give public notice of the submission of the notice of intent.

(8) The Confederated Tribes of the Umatilla Indian Reservation and the City of Pendleton have entered into an agreement addressing the development and use of the City of Pendleton’s water rights in the Umatilla River and the impact on tribal interests from such development. The agreement includes implementation of the minimum streamflow in the main stem of the Umatilla River resulting from the exercise by the City of Pendleton of its surface water right of the north fork of the Umatilla River under this section. The City of Pendleton shall exercise such right consistent with the agreement or successor agreements between the City of Pendleton and the tribes provided in this subsection. In no event will the City of Pendleton exercise the right granted under this section so as to reduce streamflows in the Umatilla River to be less than state in-stream water rights for the Umatilla River existing as of January 1, 2002. [Amended by 1995 c.359 §1; 2001 c.298 §1]

Source: Section 538.450 — Pendleton; right to waters of Umatilla River; notice of intent; agreement with tribes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 553.730 — OR Code / Title 45 / Chapter 553 / Section 553.730
553.730 Limitation on tax levy
Status: in_force

No levy of an ad valorem tax under ORS 553.710 (Intergovernmental agreements) for any one year shall exceed one-half of one percent (0.005) of the real market value of all taxable property within the subdistrict, computed in accordance with ORS 308.207 (Computation of real market value for taxing or bonding limitations) . If the total sum of money required to be raised under the terms of a contract entered into by a district, together with the sum of money to be raised to pay the costs and expenses of the district incurred in connection therewith, exceeds such limitation, a levy for each year thereafter shall be made by the district until the entire contract obligation has been discharged. [Amended by 1963 c.9 §31; 1991 c.459 §432]

Source: Section 553.730 — Limitation on tax levy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 553.640 — OR Code / Title 45 / Chapter 553 / Section 553.640
553.640 Sale of bonds
Status: in_force

(1) The board may sell from time to time the bonds which have been authorized by the electors and in such quantities as may be necessary and most advantageous. Before making any sale the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of bonds, and the day, hour and place of such sale, and shall cause the resolution to be entered on the minutes. Notice of sale shall be given by publication. The notice shall state that sealed proposals will be received by the board at its office for the purchase of the bonds until the day and hour named in the resolution. At the time appointed, the board shall open the proposals and may reject any or all bids. After offering the bonds for sale, as above provided, if no satisfactory bid is received, the board may use the bonds for any purpose for which the proceeds from the sale of bonds may be used, but the board shall in no event sell or dispose of any bonds for less than 90 percent of their face value.

(2) The board may by resolution entered on its records cancel any bonds which may have been voted or issued which have not been sold or deposited as security for funds advanced or to be advanced, and which the state, United States or any person has no claim to or equity in. After such cancellation, the bonds shall not be sold or otherwise disposed of; they shall be invalid and of no effect; and the board may not replace them without authorization of the electors. [1965 c.623 §22]

Source: Section 553.640 — Sale of bonds; cancellation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 538.230 — OR Code / Title 45 / Chapter 538 / Section 538.230
538.230 Vested water rights not affected
Status: in_force

ORS 538.220 (Waters of Mill and Barr Creeks, Jackson County, withdrawn) shall not affect vested water rights or prevent condemnation for public park purposes of lands through which Mill and Barr Creeks or their tributaries flow.

Source: Section 538.230 — Vested water rights not affected; condemnation for park not prevented , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 545.275 — OR Code / Title 45 / Chapter 545 / Section 545.275
545.275 Lien on crops for water supplied for irrigation
Status: in_force

(1) Any person or irrigation district that supplies water to any person or irrigation district for irrigation of crops shall, upon complying with subsection (2) of this section, have a lien upon all crops raised by the use of such water for the reasonable value of the water supplied as of the date when the water was first supplied for the crops. The lien shall be a continuing one and shall bind the crops after, as well as before, they have been gathered. The lien shall be preferred to all other liens or encumbrances upon the crops, except mortgages given to the state for the purchase of seed wheat.

(2) The person or irrigation district so supplying water, within 40 days after the water has been furnished, or within 40 days after the close of the irrigation season, shall file with the county clerk of the county in which the lands, or some part of the lands, are situated and where the water has been furnished, a claim containing a true statement of the account due for the water after deducting all just credits and offsets. The claim shall also contain the date when the water was first supplied, the name of the owner of the crops or reputed owner, if known, the name of the person to whom the water was furnished and a description of the lands upon which the crops were grown sufficient for identification. The claim shall be verified by oath of some person having knowledge of the facts and shall be filed with and recorded by the county clerk in the book kept for the purpose of recording liens claimed under ORS 87.035 (Perfecting lien) . The record shall be indexed as deeds and other conveyances are required by law to be indexed, and the clerk shall receive the same fees as required by law for recording deeds and other instruments.

(3) The lien may be enforced by a suit in equity. The remedy provided by this section does not abrogate any other remedy provided by law for the collection of dues, charges or assessment for water furnished. The court may award reasonable attorney fees to a person or irrigation district if the person or district prevails in an action to foreclose a lien under this section. The court may award reasonable attorney fees to a defendant who prevails in an action to foreclose a lien under this section if the court determines that the plaintiff had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(4) If all or part of the crop is sold prior to the filing of the lien, or possession delivered to an agent, broker, cooperative agency or other person to be sold or otherwise disposed of, and its identity lost or destroyed or if the crop is commingled with like crops so that it cannot be segregated, and if the purchaser, agent, broker, cooperative agency or other person was notified of the filing of the lien by being furnished with a certified copy of the claim of lien, then the lien attaches to the proceeds of sale remaining in the possession of the purchaser, agent, broker, cooperative agency or other person at the time of the notice. The lien shall be as effective against the proceeds as against the crop itself. [Formerly 545.104]

Source: Section 545.275 — Lien on crops for water supplied for irrigation; enforcement; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 554.350 — OR Code / Title 45 / Chapter 554 / Section 554.350
554.350 Service to lands outside district
Status: in_force

(1) A corporation organized pursuant to ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) may obligate itself by written contract to utilize the corporation’s delivery system to deliver water for any beneficial use authorized under Oregon law on lands not described in its articles of incorporation if its board of directors by resolution determines that such action does not impair the corporation’s ability to service the lands described in its articles of incorporation. In furtherance of such arrangement the corporation may:

(a) Adopt plans and specifications pursuant to ORS 554.210 (Plans and specifications) for the construction of works and improvements on lands described in its articles of incorporation or on lands not described therein and thereafter to construct the same; and

(b) Pursuant to ORS 554.260 (Contracts with governmental agencies or others for financial assistance or cooperative action) , jointly acquire, control and manage any works, improvements, easement or right of way necessary to fulfill its contractual obligations and bind itself for the maintenance, support and operation of the whole or any part thereof.

(2) The delivery of water, the collection of charges for such delivery and the ownership of property pursuant to this section shall not subject the corporation’s income and property, wherever located, to taxation if its property and income are otherwise exempt pursuant to ORS 554.320 (Exemption from taxation) . [1979 c.180 §2; 1999 c.591 §1]

Source: Section 554.350 — Service to lands outside district; findings; tax exemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 545.539 — OR Code / Title 45 / Chapter 545 / Section 545.539
545.539 Bond sinking funds
Status: in_force

(1) The district treasurer or the 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, shall keep a “Bond Fund,” a “United States or the State of Oregon (as appropriate) Contract Fund” or a “Bond and United States or the State of Oregon (as appropriate) Contract Fund.” All money arising from the sale of refunding bonds and from assessments and levies shall be deposited in the appropriate fund until there is sufficient money in the fund to meet the next installment of principal and interest upon bonds of the district and to meet all payments due to the United States or the State of Oregon for construction and other purposes. From the appropriate fund the district treasurer or the county treasurer shall pay money due as principal and interest on bonds as they mature and the bonds and coupons are presented and shall make payments to the United States or the State of Oregon when due.

(2) Money received from the sale of bonds and otherwise for construction or acquisition of works by the district shall be deposited into a “Construction Fund.”

(3) All other money received by the district shall be deposited into a fund known as the “General Fund,” from which shall be defrayed all obligations of the district other than those described in this section.

(4) Each fund listed in subsection (1) of this section shall be used for payment of the obligations of the district that are payable from that fund in the order of the priority of the creation of the obligations. [Formerly 545.212]

Source: Section 545.539 — Bond sinking funds; other funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 538.220 — OR Code / Title 45 / Chapter 538 / Section 538.220
538.220 Waters of Mill and Barr Creeks, Jackson County, withdrawn
Status: in_force

(1) The waters described as follows are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except for domestic purposes and protecting fish life therein by the State Fish and Wildlife Commission:

(a) The waters of Mill Creek, in Jackson County, beginning in section 22, township 31 south, range 4 east, Willamette Meridian, running thence southwesterly through township 31 south, range 3 east, Willamette Meridian, and township 32 south, range 3 east, Willamette Meridian, to a junction with the Rogue River in section 32, township 32 south, range 3 east, Willamette Meridian, together with the tributaries of said Mill Creek; and

(b) Barr Creek, in Jackson County, beginning in section 1, township 32 south, range 3 east, Willamette Meridian, and in section 6 and section 7, township 32 south, range 4 east, Willamette Meridian, running thence in a general southwesterly direction through township 32 south, range 3 east, Willamette Meridian, to a junction with the Rogue River in section 32, township 3 east, Willamette Meridian, together with the tributaries of said Barr Creek.

(2) Subsection (1) of this section shall not prevent the appropriation of the waters of Mill Creek, in Jackson County, for the development of hydroelectric power not to exceed one megawatt if:

(a) The hydroelectric project is located on Mill Creek at a point at least two miles above the confluence of Mill Creek and the Rogue River;

(b) All water appropriated from the stream is returned to the stream at a point at least one-half mile above the confluence of Mill Creek and the Rogue River; and

(c) The facility will be 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. [Amended by 1959 c.104 §1; 1983 c.650 §1]

Source: Section 538.220 — Waters of Mill and Barr Creeks, Jackson County, withdrawn; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 550.400 — OR Code / Title 45 / Chapter 550 / Section 550.400
550.400 Civil liability for remediation costs
Status: in_force

(1) Regardless of any criminal prosecution or the result of a prosecution under ORS 550.390 (Waterway pollution) , the urban flood safety and water quality district or any other person injured by a violation of ORS 550.390 (Waterway pollution) may bring a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions caused the injury to a waterway described in ORS 550.390 (Waterway pollution) owned or controlled by the district or person.

(2) Upon prevailing in such civil action, the plaintiff may recover damages measured by the total costs of remediating the injury actually incurred by the district or the person that owns or controls the injured waterway. [2019 c.621 §26]

Source: Section 550.400 — Civil liability for remediation costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 543a.040 — OR Code / Title 45 / Chapter 543a / Section 543a.040
543A.040 Process determination
Status: in_force

(1) Within 60 days after the close of the period allowed for public comment under ORS 543A.035 (Reauthorization application and public comment) , the Hydroelectric Application Review Team shall determine whether the reauthorization application for the water right contains sufficient information to determine whether reauthorization of the state project will comply with ORS 543A.025 (Minimum standards for decision on reauthorization of water right) .

(2) If the team decides that sufficient information is available to determine whether reauthorization of the water right for the state project will comply with ORS 543A.025 (Minimum standards for decision on reauthorization of water right) , the team shall proceed with expedited processing of the reauthorization application. The team shall review the application and any public comments received on the application and prepare a draft proposed final order, including findings of fact and conclusions of law, for the water right. Upon completion of the draft proposed final order, the team shall give public notice of the draft proposed final order in the weekly notice published by the Water Resources Department. The notice shall include a request for comments on the draft proposed final order.

(3) Within 60 days after the public notice under subsection (2) of this section, any person interested in the draft proposed final order shall submit written comments to the team. A person who submits written comments under this subsection shall identify the provision of the draft proposed final order in question and specify why the person objects to or supports the provision. The team shall review the comments received and may revise the draft proposed final order. Unless the department receives a request under subsection (4) of this section, the team shall submit a proposed final order to the department within 30 days after the close of the period for public comment on the draft proposed final order.

(4) If the draft proposed final order prepared by the team under subsection (2) of this section proposes to deny the application for reauthorization of the water right, the applicant may request the department to process the application in accordance with ORS 543A.045 (Public scoping meeting) to 543A.055 (Hydroelectric Application Review Team review of application) . The applicant shall submit a request under this subsection within the 60-day period allowed for public comment on the draft proposed final order.

(5) Unless the department receives a request under subsection (4) of this section, the department shall issue the proposed final order in accordance with the provisions of ORS 543A.120 (Proposed final order) to 543A.300 (Decommissioning) .

(6) If the team determines that additional information is necessary to determine whether reauthorization of the state project will comply with ORS 543A.025 (Minimum standards for decision on reauthorization of water right) , the applicant shall comply with the process established in ORS 543A.045 (Public scoping meeting) to 543A.055 (Hydroelectric Application Review Team review of application) and 543A.120 (Proposed final order) to 543A.300 (Decommissioning) . [1997 c.449 §8]

Source: Section 543A.040 — Process determination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 537.621 — OR Code / Title 45 / Chapter 537 / Section 537.621
537.621 Review of application
Status: in_force

(1) Within 60 days after the Water Resources Department proceeds with the application under ORS 537.620 (Determination of completeness of application) (5), the department shall complete application review and issue a proposed final order approving or denying the application or approving the application with modifications or conditions. The department may request the applicant to provide additional information needed to complete the review. If the department requests additional information, the request shall be specific and shall be sent to the applicant by registered mail. The department shall specify a date by which the information must be returned, which shall be not less than 10 days after the department mails the request to the applicant. If the department does not receive the information or a request for a time extension under ORS 537.627 (Time limit for issuing final order or scheduling contested case hearing) by the date specified in the request, the department may reject the application and may refund fees in accordance with ORS 536.050 (Fees) (4)(a). The time period specified by the department in a request for additional information shall allow the department to comply with the 60-day time limit established by this subsection.

(2) In reviewing the application under subsection (1) of this section, the department shall determine whether the proposed use will ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy) . The department shall presume that a proposed use will ensure the preservation of the public welfare, safety and health if the proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 (Formulation of state water resources program) and 536.340 (Classification of water as to highest and best use and quantity of use) or given a preference under ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) (12), if water is available, if the proposed use will not injure other water rights and if the proposed use complies with rules of the Water Resources Commission. This shall be a rebuttable presumption and may be overcome by a preponderance of evidence that either:

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

(b) The proposed use would not ensure the preservation of the public welfare, safety and health as demonstrated in comments, in a protest under subsection (7) of this section or in a finding of the department that shows:

(A) The specific aspect of the public welfare, safety and health under ORS 537.525 (Policy) that would be impaired or detrimentally affected; and

(B) Specifically how the identified aspect of the public welfare, safety and health under ORS 537.525 (Policy) would be impaired or be adversely affected.

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

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

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

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

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

(e) An assessment of whether the proposed use would ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy) ;

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

(g) Whether the rebuttable presumption under subsection (2) of this section has been established;

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

(i) The flow rate and duty of water allowed.

(4) In establishing the flow rate and duty of water allowed, the department may consider a general basin-wide standard, but first shall evaluate information submitted by the applicant to demonstrate the need for a flow rate and duty higher than the general standard. If the applicant provides such information, the department shall authorize the requested rate and duty except upon specific findings related to the application to support a determination that a lesser amount is needed. If the applicant does not provide information to demonstrate the need for a flow rate and duty higher than the general basin-wide standard, the department may apply the general standards without specific findings related to the application.

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

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

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

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

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

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

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

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

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

(8) Requests for standing and protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly notice published by the department. Any person who asks to receive a copy of the department’s final order shall submit to the department the fee required under ORS 536.050 (Fees) (1)(p), unless the person has previously requested copies and paid the required fee under ORS 537.620 (Determination of completeness of application) (7), the person is a protestant and has paid the fee required under ORS 536.050 (Fees) (1)(j) or the person has standing and has paid the fee under ORS 536.050 (Fees) (1)(n).

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

(a) Issue a final order as provided under ORS 537.625 (Final order) (1); or

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

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

(B) Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing. [1995 c.416 §25; 1995 c.549 §1a; 1997 c.446 §7; 1997 c.587 §10; 2007 c.188 §3; 2009 c.819 §§10,17; 2013 c.644 §10]

Source: Section 537.621 — Review of application; proposed final order; presumption; rebuttal; findings and conclusions; flow rate and duty; standing; protest; final order; contested case hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.703 — OR Code / Title 45 / Chapter 541 / Section 541.703
541.703 Project applications
Status: in_force

Of the applications filed under ORS 541.705 (Project applications) for assistance in constructing a water development project for municipal use, the Water Resources Commission shall give preference for approval to those projects required to be undertaken as a result of a proceeding under ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) or 431.705 (Definitions for ORS 431.705 to 431.760) to 431.760 (Certain persons prohibited from participating in proceedings) to alleviate conditions constituting a danger to public health. [1983 c.407 §13; 1985 c.673 §112]

Source: Section 541.703 — Project applications; preference for approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 536.220 — OR Code / Title 45 / Chapter 536 / Section 536.220
536.220 Policy on water resources generally
Status: in_force

(1) The Legislative Assembly recognizes and declares that:

(a) The maintenance of the present level of the economic and general welfare of the people of this state and the future growth and development of this state for the increased economic and general welfare of the people thereof are in large part dependent upon a proper utilization and control of the water resources of this state, and such use and control is therefore a matter of greatest concern and highest priority.

(b) A proper utilization and control of the water resources of this state can be achieved only through a coordinated, integrated state water resources policy, through plans and programs for the development of such water resources and through other activities designed to encourage, promote and secure the maximum beneficial use and control of such water resources, all carried out by a single state agency.

(c) The economic and general welfare of the people of this state have been seriously impaired and are in danger of further impairment by the exercise of some single-purpose power or influence over the water resources of this state or portions thereof by each of a large number of public authorities, and by an equally large number of legislative declarations by statute of single-purpose policies with regard to such water resources, resulting in friction and duplication of activity among such public authorities, in confusion as to what is primary and what is secondary beneficial use or control of such water resources and in a consequent failure to utilize and control such water resources for multiple purposes for the maximum beneficial use and control possible and necessary.

(2) The Legislative Assembly, therefore, finds that:

(a) It is in the interest of the public welfare that a coordinated, integrated state water resources policy be formulated and means provided for its enforcement, that plans and programs for the development and enlargement of the water resources of this state be devised and promoted and that other activities designed to encourage, promote and secure the maximum beneficial use and control of such water resources and the development of additional water supplies be carried out by a single state agency that, in carrying out its functions, shall give proper and adequate consideration to the multiple aspects of the beneficial use and control of such water resources with an impartiality of interest except that designed to best protect and promote the public welfare generally.

(b) The state water resources policy shall be consistent with the goal set forth in ORS 468B.155 (State goal to prevent ground water contamination) .

(3) The Water Resources Department shall develop an integrated state water resources strategy to implement the state water resources policy specified in subsection (2) of this section. The department shall design the strategy to meet Oregon’s in-stream and out-of-stream water needs.

(4) The Water Resources Department shall work in close cooperation with the Department of Environmental Quality, the Oregon Watershed Enhancement Board, the State Department of Agriculture and the State Department of Fish and Wildlife to develop the integrated state water resources strategy, in consultation with other state, local and federal agencies, with other states, with Indian tribes, with stakeholders and with the public.

(5) The Water Resources Department, in close cooperation with the Department of Environmental Quality, the State Department of Agriculture and the State Department of Fish and Wildlife, shall develop data on an ongoing basis to forecast Oregon’s in-stream and out-of-stream water needs, including but not limited to in-stream, ground water, human consumption, irrigated agriculture and water supply needs, for the purpose of developing and updating the integrated state water resources strategy.

(6) The integrated state water resources strategy shall describe:

(a) Oregon’s in-stream and out-of-stream water needs, including but not limited to ecosystem services, water quality and water supply needs.

(b) Critical water issues at the state level and within water basins across this state.

(c) Objectives of the strategy.

(d) Actions that are designed to achieve the objectives of the strategy.

(e) Plans and actions concerning water-related natural hazards and the challenges presented by climate change.

(f) Provisions to ensure communication and engagement with the public.

(g) Provisions to promote meaningful engagement with environmental justice communities, as defined in ORS 182.535 (Definitions for ORS 182.535 to 182.557) , consistent with the requirements of ORS 182.545 (Duties of natural resource agencies) .

(h) Provisions to promote partnerships with Indian tribes, public bodies, as defined in ORS 174.109 (“Public body” defined) , and key stakeholders to implement recommended actions, as appropriate.

(i) How the integrated state water resources strategy will be implemented at multiple scales in a balanced, equitable and integrated manner.

(j) How to support implementation of priority actions recommended in other relevant state-developed or state-recognized plans or strategies.

(k) Specific functions and roles to be played by state agencies, including but not limited to the Department of Environmental Quality, the State Department of Fish and Wildlife, the State Department of Agriculture, the State Forestry Department, the Department of Human Services, the Oregon Business Development Department, the Department of Land Conservation and Development, the Oregon Watershed Enhancement Board, the State Parks and Recreation Department, the Oregon Health Authority, the Department of State Lands and other relevant state agencies, along with provisions to achieve interagency coordination.

(L) Provisions to achieve coordination with federal agencies and states that neighbor Oregon.

(m) Public policy options and recommendations.

(n) Relevant strategy factors, including but not limited to population growth and land use change.

(o) Recommendations regarding the continuous monitoring of climate change effects on Oregon’s water supply and regarding water user actions that are necessary to address climate change.

(p) Processes by which a biennial work plan will be developed and by which implementation of the work plan will be coordinated.

(7) Before adopting or revising the integrated state water resources strategy, the Water Resources Commission shall give notice to the Environmental Quality Commission, the Oregon Watershed Enhancement Board, the State Board of Agriculture, the State Fish and Wildlife Commission and any other agency referenced in the strategy. The strategy, and any revisions to the strategy, shall take effect upon adoption by the Water Resources Commission.

(8) The Water Resources Commission shall review and update the integrated state water resources strategy at least every eight years.

(9) All agencies of state government, as defined in ORS 174.111 (“State government” defined) , shall:

(a) Assist the Water Resources Department, as requested, in performing the duties described in this section; and

(b) Furnish information as necessary to develop, update and implement the integrated state water resources strategy.

(10) This section does not limit the authority granted the Environmental Quality Commission or the Department of Environmental Quality under ORS chapter 468B. [1955 c.707 §1; 1989 c.833 §53; 2009 c.907 §44; 2013 c.1 §76; 2023 c.606 §10]

Note: The amendments to 536.220 (Policy on water resources generally) by section 10, chapter 606, Oregon Laws 2023, become operative on the first date after August 4, 2023, on which the Water Resources Commission adopts updates to the integrated state water resources strategy described in 536.220 (Policy on water resources generally) . See section 11, chapter 606, Oregon Laws 2023. The text that is operative until the first date after August 4, 2023, on which the Water Resources Commission adopts updates to the integrated state water resources strategy described in 536.220 (Policy on water resources generally) is set forth for the user’s convenience.

536.220 (Policy on water resources generally) . (1) The Legislative Assembly recognizes and declares that:

(a) The maintenance of the present level of the economic and general welfare of the people of this state and the future growth and development of this state for the increased economic and general welfare of the people thereof are in large part dependent upon a proper utilization and control of the water resources of this state, and such use and control is therefore a matter of greatest concern and highest priority.

(b) A proper utilization and control of the water resources of this state can be achieved only through a coordinated, integrated state water resources policy, through plans and programs for the development of such water resources and through other activities designed to encourage, promote and secure the maximum beneficial use and control of such water resources, all carried out by a single state agency.

(c) The economic and general welfare of the people of this state have been seriously impaired and are in danger of further impairment by the exercise of some single-purpose power or influence over the water resources of this state or portions thereof by each of a large number of public authorities, and by an equally large number of legislative declarations by statute of single-purpose policies with regard to such water resources, resulting in friction and duplication of activity among such public authorities, in confusion as to what is primary and what is secondary beneficial use or control of such water resources and in a consequent failure to utilize and control such water resources for multiple purposes for the maximum beneficial use and control possible and necessary.

(2) The Legislative Assembly, therefore, finds that:

(a) It is in the interest of the public welfare that a coordinated, integrated state water resources policy be formulated and means provided for its enforcement, that plans and programs for the development and enlargement of the water resources of this state be devised and promoted and that other activities designed to encourage, promote and secure the maximum beneficial use and control of such water resources and the development of additional water supplies be carried out by a single state agency that, in carrying out its functions, shall give proper and adequate consideration to the multiple aspects of the beneficial use and control of such water resources with an impartiality of interest except that designed to best protect and promote the public welfare generally.

(b) The state water resources policy shall be consistent with the goal set forth in ORS 468B.155 (State goal to prevent ground water contamination) .

(3) Intentionally left blank —Ed.

(a) The Water Resources Department shall develop an integrated state water resources strategy to implement the state water resources policy specified in subsection (2) of this section. The department shall design the strategy to meet Oregon’s in-stream and out-of-stream water needs.

(b) The Water Resources Department shall work in close cooperation with the Department of Environmental Quality and the State Department of Fish and Wildlife to develop the integrated state water resources strategy in consultation with other state, local and federal agencies, with other states, with Indian tribes, with stakeholders and with the public.

(c) The Water Resources Department, in close cooperation with the Department of Environmental Quality and the State Department of Fish and Wildlife, shall develop data on an ongoing basis to forecast Oregon’s in-stream and out-of-stream water needs, including but not limited to in-stream, underground water, human consumption and water supply needs, for the purpose of developing and updating the integrated state water resources strategy.

(d) The integrated state water resources strategy shall describe the following:

(A) Oregon’s in-stream and out-of-stream water needs, including but not limited to ecosystem services, water quality and water supply needs.

(B) Objectives of the strategy.

(C) Actions that are designed to achieve the objectives of the strategy.

(D) Plans related to the challenges presented by climate change.

(E) Provisions to ensure communication and partnership with key stakeholders.

(F) Specific functions and roles to be played by state agencies, including but not limited to the State Department of Agriculture, the State Forestry Department, the Department of Human Services, the Oregon Business Development Department, the Department of Land Conservation and Development, the Oregon Watershed Enhancement Board, the State Parks and Recreation Department, the Department of State Lands and other relevant state agencies.

(G) Public policy options and recommendations.

(H) Relevant strategy factors, including but not limited to population growth and land use change.

(I) Recommendations of the Water Resources Department regarding the continuous monitoring of climate change effects on Oregon’s water supply and regarding water user actions that are necessary to address climate change.

(e) Intentionally left blank —Ed.

(A) The Water Resources Commission shall give the Environmental Quality Commission, the State Department of Agriculture and the State Department of Fish and Wildlife notice of the integrated state water resources strategy prior to adoption of the strategy. The strategy shall take effect upon adoption by the Water Resources Commission.

(B) The Water Resources Commission shall review and update the integrated state water resources strategy every five years. The Water Resources Commission shall give notice to the Environmental Quality Commission, the State Department of Agriculture and the State Department of Fish and Wildlife prior to adopting any revisions of the strategy. Revisions of the strategy shall take effect upon the Water Resources Commission’s adoption of the revised strategy by reference in rule.

(4) This section does not limit the authority granted the Environmental Quality Commission or the Department of Environmental Quality under ORS chapter 468B.

Source: Section 536.220 — Policy on water resources generally; integrated state water resources strategy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 537.742 — OR Code / Title 45 / Chapter 537 / Section 537.742
537.742 Contested case proceeding to limit use of ground water in critical ground water area
Status: in_force

(1) Any time after the Water Resources Commission adopts a rule under ORS 537.730 (Designation of critical ground water area) designating a critical ground water area, the commission may initiate a contested case proceeding to limit the use of ground water in the area if the commission has reason to believe that any of the qualifying criteria of ORS 537.730 (Designation of critical ground water area) (1) exists.

(2) Upon the conclusion of a contested case proceeding initiated under subsection (1) of this section and upon finding that the problems that resulted in the designation of a critical ground water area under ORS 537.730 (Designation of critical ground water area) can be resolved by implementing one or more of the corrective control provisions of this section, the commission shall issue a final order establishing any one or more of the following corrective control provisions:

(a) A provision apportioning the permissible total withdrawal as established by rule under ORS 537.730 (Designation of critical ground water area) , among the appropriators holding valid rights to ground water in the critical area in accordance with the relative dates of priority of such rights.

(b) A provision according preference, without reference to relative priorities, to withdrawals of ground water in the critical area for residential and livestock watering purposes first. Thereafter, the commission may authorize withdrawals of ground water in the critical area for other beneficial purposes, including agricultural, industrial, municipal other than residential, and recreational purposes, in such order as the commission considers advisable under the circumstances, so long as such withdrawal will not materially affect a properly designed and operating well with prior rights that penetrates the aquifer.

(c) A provision reducing the permissible withdrawal of ground water by any one or more appropriators or wells in the critical area.

(d) Where two or more wells in the critical area are used by the same appropriator, a provision adjusting the total permissible withdrawal of ground water by such appropriator, or a provision forbidding the use of one or more of such wells completely.

(e) A provision requiring the abatement, in whole or part, or the sealing of any well in the critical area responsible for the admission of polluting materials into the ground water supply or responsible for the progressive impairment of the quality of the ground water supply by dispersing polluting materials that have entered the ground water supply previously.

(f) A provision requiring and specifying a system of rotation of use of ground water in the critical area.

(3) The commission shall conduct the proceeding under this section according to the provisions of ORS chapter 183 applicable to contested case proceedings. [1991 c.400 §2]

Source: Section 537.742 — Contested case proceeding to limit use of ground water in critical ground water area , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 549.010 — OR Code / Title 45 / Chapter 549 / Section 549.010
549.010 Definitions for ORS 549.020 and 549.030
Status: in_force

As used in ORS 549.020 (Contracts between counties and federal agencies) and 549.030 (Agreement by two or more counties with federal agency) , unless a different meaning appears from the context:

(1) “Federal agency” includes the United States, the President of the United States, and any agency or instrumentality of the United States which is designated, granted or authorized to engage in the building, construction and maintaining of flood control projects on any lakes, rivers or streams within Oregon.

(2) “Board of commissioners” means the governing body of any county in the state, whether the same consists of two county commissioners and the county judge or three commissioners.

(3) “Contract” includes contracts and agreements in the customary form; also a commitment by a federal agency by which it undertakes to make or engage in the construction of works for the purpose of controlling floods, and the terms, conditions and restrictions therein set forth.

(4) “Flood control project” means any plan, system, manner or means for the control, diversion, conservation or abatement of floodwaters or any excessive or unusual accumulation of water in any natural or artificial stream or body of water, or for protection of life and property against danger, menace, injury or damage resulting therefrom.

Source: Section 549.010 — Definitions for ORS 549.020 and 549.030 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 536.420 — OR Code / Title 45 / Chapter 536 / Section 536.420
536.420 Representation of state in carrying out compacts and agreements with other governmental agencies regarding water resources
Status: in_force

(1) The Governor shall designate the Water Resources Director or a member or members of the Water Resources Commission to act on behalf of and to represent the state in formulating, entering into and carrying out any formal or informal compact or other agreement authorized by the Legislative Assembly concerning the use and control of the water resources of this state, between this state or any state agency or public corporation thereof and any other state, any state agency or public corporation thereof or the federal government or any agency thereof.

(2) The representative or representatives designated by the Governor under subsection (1) of this section shall make every effort practicable to ensure that the compact or other agreement, as formulated, entered into and carried out, is in harmony with the state water resources policy and otherwise with the public interest in encouraging, promoting and securing the maximum beneficial use and control of the water resources of this state.

(3) The commission in carrying out an investigation pertaining to water resources may cooperate with state agencies of California for the purpose of formulating, executing and submitting to the legislatures of Oregon and California for their approval, interstate compacts relative to the distribution and use of the waters of Goose Lake and tributaries thereto. No compacts or agreements formulated as provided in this section are binding upon this state until they have been approved by the legislature of this state and the Congress of the United States.

(4) Any state agency or public corporation of this state required or permitted by law to formulate, enter into or carry out any compact or other agreement referred to in subsection (1) of this section shall give timely and adequate notice to the commission before it undertakes any action under such requirement or permission. [1955 c.707 §17; 1961 c.298 §1; 1975 c.581 §25; 1999 c.59 §169]

Source: Section 536.420 — Representation of state in carrying out compacts and agreements with other governmental agencies regarding water resources , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 538.420 — OR Code / Title 45 / Chapter 538 / Section 538.420
538.420 Portland’s right to waters of Bull Run and Little Sandy Rivers
Status: in_force

(1) Exclusive right to the use of waters of Bull Run and Little Sandy Rivers is granted to the City of Portland. However, the Water Rights Act (as defined in ORS 537.010 (Definition of “Water Rights Act.”) ) shall not impair the rights of any person who, on February 24, 1909, had any vested right to or valid appropriation or bona fide notice of appropriation of the waters of either Bull Run River or Little Sandy River, under laws theretofore in effect or under any valid contract or deed of conveyance theretofore made with or by the City of Portland.

(2) ORS 541.010 (Furnishing of water for certain purposes declared to be a public use) to 541.080 (Suits involving water rights) shall not apply to Bull Run Creek or River.

Source: Section 538.420 — Portland’s right to waters of Bull Run and Little Sandy Rivers; vested rights not impaired; applicability of law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 552.608 — OR Code / Title 45 / Chapter 552 / Section 552.608
552.608 Assessment of cost of works against benefited land
Status: in_force

(1) All or part of the cost of building, constructing, purchasing, operating, maintaining and improving the district works described in an engineering plan adopted under ORS 552.408 (District projects) or 552.413 (Engineering plans prepared by other agencies) may be assessed against the lands to be benefited by the works. The district board shall determine the portion of the cost, if any, that is to be paid from the general funds of the district and the portion that is to be paid by the lands benefited.

(2) Assessments shall be apportioned by the district board in accordance with the special and peculiar benefit to be received from the district works by each lot or parcel of land. Where parcels of land, or portions thereof, in the district are undeveloped, the district board may, in its discretion, defer assessing or imposing all or any portion of such assessments on such parcels until such parcels are connected with or receiving services from the district works.

(3) The district board shall afford an opportunity for hearing of any individual objections or remonstrances to assessments under this section. If remonstrances or objections are received by the district board signed by more than 50 percent of the landowners representing more than 50 percent of the acreage within the proposed assessment district, the proposed improvement shall not be made. [1969 c.606 §41]

Source: Section 552.608 — Assessment of cost of works against benefited land; hearing on proposed assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 550.180 — OR Code / Title 45 / Chapter 550 / Section 550.180
550.180 District electors and landowners authorized to contest validity of board proceeding, action, order, contract, decision or enactment
Status: in_force

(1) Intentionally left blank —Ed.

(a) Any elector or owner of land within the district may bring any proceeding that the board of directors is authorized to bring under ORS 33.710 (Definitions) .

(b) The proceeding shall be governed by ORS 33.720 (Proceeding in rem) , except as otherwise provided in this section.

(c) For purposes of this section, the district shall be considered a municipal corporation as defined in ORS 33.710 (Definitions) .

(2) The proceeding shall be brought in Multnomah County Circuit Court. The board of directors shall be named as defendant in the proceeding.

(3) Service of summons shall be made on the members of the board of directors personally if within Multnomah County. For directors not within the county, service may be made by publication of notice for a like time, and in like manner, as provided by ORS 33.720 (Proceeding in rem) . Jurisdiction shall be complete within 10 days after the date of completing publication of notice. [2019 c.621 §4; 2022 c.16 §2]

Source: Section 550.180 — District electors and landowners authorized to contest validity of board proceeding, action, order, contract, decision or enactment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 537.740 — OR Code / Title 45 / Chapter 537 / Section 537.740
537.740 Filing rules designating critical ground water area
Status: in_force

In addition to any applicable requirements under ORS chapter 183, the Water Resources Commission shall file a copy of any rules designating a critical ground water area under ORS 537.730 (Designation of critical ground water area) to 537.740 (Filing rules designating critical ground water area) with the county clerk of each county within which any part of the critical ground water area lies, and the county clerk shall record the designation in the deed records of the county. [1955 c.708 §28; 1985 c.673 §64; 1991 c.400 §6]

Source: Section 537.740 — Filing rules designating critical ground water area , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 536.590 — OR Code / Title 45 / Chapter 536 / Section 536.590
536.590 Rights acquired prior to January 1, 1956, not affected
Status: in_force

Nothing in the amendments made by chapter 707, Oregon Laws 1955, to ORS 182.410, 536.010 (1973 Replacement Part), 542.110 (Public interest requiring construction of system of works) , 548.365 (Depositary for bonds, warrants) , 555.030 (Duties of Water Resources Commission) or 555.070 (Contract for reclamation of land) , nor in sections 58 to 65, 70 or 75, chapter 707, Oregon Laws 1955, shall be construed to take away or impair any right to any waters or to the use of any waters vested or inchoate prior to January 1, 1956. [1955 c.707 §77; 1969 c.168 §2; 1985 c.673 §182]

Source: Section 536.590 — Rights acquired prior to January 1, 1956, not affected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 555.190 — OR Code / Title 45 / Chapter 555 / Section 555.190
555.190 Notice to be in writing
Status: in_force

The notice given by the Water Resources Commission shall be in writing and may be served by registered mail or by certified mail with return receipt. If the user of the water does not comply with the notice and either pay for the excess water or enter into a definite arrangement with the company for payment thereof within 30 days from the mailing of the notice, the commission shall, upon notice from the company furnishing the water, cancel the right of the landowner to the excess acres and thereafter, without further application for permission so to do, the company furnishing the water may sell and deliver the water to other lands. Upon effecting the sale of the water to other lands the company shall notify the commission of the lands to which the water is transferred. [Amended by 1991 c.249 §57]

Source: Section 555.190 — Notice to be in writing; service; noncompliance; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 541.845 — OR Code / Title 45 / Chapter 541 / Section 541.845
541.845 Rules
Status: in_force

(1) In accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission may adopt rules necessary to carry out ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) .

(2) In adopting rules establishing guidelines or criteria for awarding loans or grants for drinking water projects, the commission shall coordinate the Water Resources Department’s rulemaking process with the Oregon Business Development Department and the Oregon Health Authority in order to ensure that rules adopted under this subsection are consistent with rules adopted under ORS 285B.563 (Water Fund) and 431.120 (Other duties of Oregon Health Authority) . The rules adopted under this subsection shall:

(a) Require the installation of meters on all new active service connections from any municipal drinking water distribution lines funded under ORS 285B.560 (Definitions for ORS 285B.560 to 285B.599) to 285B.599 (Effect of failure to repay to Water Fund) , 431.120 (Other duties of Oregon Health Authority) , 541.700 (Definitions for ORS 541.700 to 541.855) , 541.705 (Project applications) , 541.765 (Authorization for loans for certain federal projects) , 541.830 (Water Development Administration and Bond Sinking Fund) and 541.845 (Rules) ; and

(b) Require a plan, to be adopted by the municipality, for installation of meters on all service connections throughout the drinking water system.

(3) As used in this section, “service connection” does not include fire hydrants, fire sprinkler system connections, line blow-offs and drains, standby emergency interties, valve controlled drinking fountains and other similar intermittently used connections. [1977 c.246 §13; 1985 c.673 §126; 1991 c.944 §10; 1995 c.212 §2; 2005 c.835 §26; 2009 c.595 §986; 2009 c.907 §13]

Source: Section 541.845 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.695 — OR Code / Title 45 / Chapter 537 / Section 537.695
537.695 Conclusive adjudication
Status: in_force

The determination of the Water Resources Director under ORS 537.685 (Findings of fact and order of determination) , as confirmed or modified by the circuit court or Supreme Court, shall be a conclusive adjudication as to all claimants of rights to appropriate the ground water of each ground water reservoir included within the order of determination. [1955 c.708 §20]

Source: Section 537.695 — Conclusive adjudication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.225 — OR Code / Title 45 / Chapter 537 / Section 537.225
537.225 Full or partial assignment of water right permit
Status: in_force

(1) Notwithstanding ORS 537.220 (Assignment of application, permit or license) and 537.635 (Assignment of application, certificate of registration or permit) , except as provided in subsection (6) of this section, a record landowner holding a water right permit for an irrigation, nursery, temperature control, stock watering or agricultural water use that has a subsequent completion date may apply for assignment of all or part of the water right permit and for the issuance of a replacement water right permit that reflects that assignment. To obtain the assignment and replacement water right permits, the applicant shall submit an application to the Water Resources Department that includes, at a minimum:

(a) A map prepared by a certified water right examiner and meeting department mapping standards that identifies the authorized place of use, rate of use, any applicable acre-feet allowances, tax lots and points of diversion or appropriation;

(b) A copy of the deed showing that the applicant is an owner of the land;

(c) An affidavit certifying that the water right has not been conveyed or withheld;

(d) A statement by the applicant that the most recent water use under the permit, if any, has been exercised within relevant terms and conditions of the permit; and

(e) Intentionally left blank —Ed.

(A) Agreements to the assignment and to the request for the issuance of replacement water right permits submitted jointly or individually by all owners of the land to which the water right is appurtenant; or

(B) An assignment of interest and request for the issuance of replacement water right permits submitted by one or more of the owners of land to which the water right is appurtenant and information identifying the names, addresses and proportionate interests for those owners not submitting the assignment and request.

(2) In addition to the application contents described in subsection (1) of this section, the department may require that the applicant provide any additional information the department deems appropriate to determining whether to approve the application.

(3) Upon receiving an application under subsection (1) of this section, the department shall determine and notify the applicant of the fees payable under ORS 536.050 (Fees) for processing the application. Upon receipt of the appropriate processing fees, the department shall:

(a) Verify the address of each owner of the lands identified on the map contained in the application;

(b) Verify that the deed supplied with the application matches the property proposed for assignment;

(c) Prepare a statement that the proposed replacement water right permits will not result in the enlargement of the original water right, a proposed final order and drafts of replacement water right permits;

(d) No later than one week prior to the date of the weekly notice described in paragraph (e) of this subsection, mail copies of the application, the map, the existing water right permit, the proposed final order and the draft replacement water right permits to each owner of land to which the existing water right is appurtenant; and

(e) Provide public notice of the application in the weekly notice published by the department.

(4) The department shall allow comment on the application for 30 days following public notice of the application in the weekly notice published by the department. Any protest against the proposed final order must be submitted no later than 45 days after the date of the weekly notice published by the department. A protest must be filed in the manner provided in ORS 537.227 (Protest of application to assign all or part of water right permit) .

(5) If the department determines that an application under subsection (1) of this section to assign all or part of a water right permit has been properly filed, and that the issuance of replacement water right permits will not result in the enlargement of the original water right or otherwise cause injury to other water right holders, the department shall issue one or more replacement water right permits to reflect the assignment. The replacement water right permits:

(a) Must have the same conditions as the replaced water right permit, including but not limited to priority date, source of water and type of use;

(b) May not add or change a point of diversion or point of appropriation;

(c) May not result in the enlargement of the water use authorized under the replaced water right permit;

(d) Must apportion the rate, and if applicable the duty, in proportion to the amount of land to which the water right is appurtenant; and

(e) Must identify the land to which the replacement water right permit is appurtenant and the owner of that land.

(6) This section does not apply to municipal or quasi-municipal permits or to permits held by a unit of local government, including but not limited to permits held by a port or water authority or a district. As used in this subsection, “unit of local government” has the meaning given that term in ORS 190.003 (Definition for ORS 190.003 to 190.130) and “district” has the meaning given that term in ORS 540.505 (Definitions) . [2013 c.166 §2]

Note: 537.225 (Full or partial assignment of water right permit) and 537.227 (Protest of application to assign all or part of water right permit) were added to and made a part of ORS chapter 537 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.225 — Full or partial assignment of water right permit; issuance of replacement permits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543.255 — OR Code / Title 45 / Chapter 543 / Section 543.255
543.255 Determination of cumulative impacts of proposed hydroelectric power projects
Status: in_force

(1) Whenever the Water Resources Department receives an application to appropriate water for a new hydroelectric project under ORS 537.140 (Application for permit) to 537.320 (Entry on land for survey purposes, preliminary to appropriation and diversion of waters) or for a hydroelectric permit or license under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , the department shall determine whether the impacts of the project would be cumulative with:

(a) Impacts of other proposed hydroelectric projects for which an application is pending before the department; or

(b) Existing hydroelectric projects in the same river basin.

(2) If the department determines that there is no possibility that the hydroelectric projects proposed in pending applications or existing projects may have cumulative effects, the Water Resources Director shall issue an order setting forth the department’s determination that there are no cumulative effects and the department’s decision that consolidated review is not required.

(3) If the department determines that pending applications or existing projects may have cumulative effects, the Water Resources Commission shall conduct a consolidated review before approving any application in the affected river basin. A consolidated review process shall be conducted as a contested case hearing under the applicable provisions of ORS chapter 183 and shall include a study of the individual and cumulative effects of proposed hydroelectric projects for which applications are pending before the department and existing hydroelectric projects. In its final order on an application, the commission or the department shall include its findings on cumulative impacts. The findings of the commission or department under this section must be sufficient to support the department’s decision to approve or deny an application.

(4) Any application for a project in the same river basin filed after the commission begins a consolidated review contested case hearing shall not be reviewed until the commission has issued final findings on cumulative effects for all projects included in the consolidated review proceeding.

(5) At the request of an applicant for a permit to appropriate water for a new hydroelectric project under ORS 537.140 (Application for permit) to 537.320 (Entry on land for survey purposes, preliminary to appropriation and diversion of waters) or for a permit or license under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , the commission may immediately upon receiving such application begin the consolidated review proceeding under subsection (3) of this section. [1985 c.569 §10; 1985 c.673 §193; 1993 c.544 §8; 1995 c.229 §4; 1995 c.416 §39]

Source: Section 543.255 — Determination of cumulative impacts of proposed hydroelectric power projects; consolidated review; applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.595 — OR Code / Title 45 / Chapter 545 / Section 545.595
545.595 Payment of assessment
Status: in_force

At any time after issuance of the bonds, a landowner may relieve the land of the landowner from payment of the principal and interest assessed against the landowner by securing from the county clerk, on a form to be provided by the county clerk for that purpose, a certificate showing the lands assessed and the amount due. The certificate shall be signed and certified by the clerk under the seal of office. Upon its presentation to the county treasurer and payment to the county treasurer of the amount due, either in cash or matured or unmatured bonds of the district, the treasurer shall, on the certificate, mark the amount as paid. Upon presentation by the owner of the certificate so receipted to the county clerk, the clerk shall insert in a column of the bond lien docket provided for that purpose, a notation showing the payment and satisfaction of the assessment in full with interest. Upon such payment of the assessment on any tract or parcel of land, the tract or parcel shall thereafter forever be relieved from assessment for the payment of irrigation bonds issued prior to the date of the payment, except for an assessment that may be levied by the board of directors of the irrigation district for an emergency fund, not exceeding the amount specified in ORS 545.599 (Five-year additional assessment) . [Formerly 545.264]

Source: Section 545.595 — Payment of assessment; relief from further assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 549.360 — OR Code / Title 45 / Chapter 549 / Section 549.360
549.360 Extension of work across or under highway or railroad
Status: in_force

The drainage work may be extended across or under any highway and may also be carried under or through any railroad or tramway. The authority which maintains the highway through which the conduit crosses shall construct and maintain the same in good condition and repair, free from obstruction, at its own expense. The owner of the railroad or tramway under or through which the conduit is to be constructed shall construct and maintain the same in good condition and repair, free from obstruction, at its own expense.

Source: Section 549.360 — Extension of work across or under highway or railroad; duty as to construction and maintenance; cost , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 541.770 — OR Code / Title 45 / Chapter 541 / Section 541.770
541.770 Federal project loan contract terms
Status: in_force

If the Water Resources Commission approves an application for the loan of moneys authorized by ORS 541.765 (Authorization for loans for certain federal projects) , the commission shall enter into a loan contract with the borrower that provides, among other matters:

(1) That the loan be secured by a first lien or by other good and sufficient collateral in the same manner as provided in ORS 541.740 (Liens and other loan security) .

(2) That the loan bear interest at the same rate of interest as provided in ORS 541.730 (Loan contract) .

(3) That the loan becomes due and payable to the Water Development Administration and Bond Sinking Fund not later than 60 days after the date that federal funds for the acquisition of easements and rights of way for the project are paid to the borrower or 30 years from the date of the loan, whichever is earlier.

(4) Such provisions as the commission considers necessary to ensure expenditure of the moneys loaned for the purposes provided in ORS 541.765 (Authorization for loans for certain federal projects) .

(5) That the commission may cause to be instituted appropriate proceedings to foreclose liens for delinquent loan payments, and shall pay the proceeds of any such foreclosure, less expenses in foreclosing, into the Water Development Administration and Bond Sinking Fund. [1977 c.246 §17; 1981 c.166 §5; 1985 c.673 §122; 1999 c.212 §6; 2009 c.907 §10]

Source: Section 541.770 — Federal project loan contract terms; foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.628 — OR Code / Title 45 / Chapter 537 / Section 537.628
537.628 Terms
Status: in_force

(1) The Water Resources Department may approve an application for less ground water than applied for or upon terms, conditions and limitations necessary for the protection of the public welfare, safety and health. In any event the department shall not approve the application for more ground water than is applied for or than can be applied to a beneficial use. No application shall be approved when the same will deprive those having prior rights of appropriation for a beneficial use of the amount of water to which they are lawfully entitled.

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

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

(b) Within 180 days after scheduling the hearing for all other contested case proceedings. [1995 c.416 §30]

Source: Section 537.628 — Terms; conditions; time limit for issuing final order after contested case hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 554.240 — OR Code / Title 45 / Chapter 554 / Section 554.240
554.240 Retirement of bonds
Status: in_force

(1) The corporation may provide that bonds or any of them may be retired at the option of the corporation on any interest-paying date after the expiration of a time determined and fixed therein.

(2) Bonds and obligations shall not be sold for less than 90 percent of their face value, and may be issued all at the same time or in such amounts as the board deems necessary. Before issuing any bonds or obligations the board shall first pass a resolution authorizing the same and provide the whole amount thereof and the purpose of same and if payable from a separate fund shall designate the same. The resolution shall prescribe the form and substance of the bonds or obligations and provide with respect thereto the matters and things otherwise prescribed therefor in ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) .

(3) When any bond, obligation or coupon is payable from revenue by assessment to constitute a fund for the payment thereof, any such bond, obligation or coupon may at or after its maturity be surrendered to the corporation in payment of such assessment, but not in payment of any assessment for operation and maintenance expense or any other fund separately pledged for payment of other obligations, bonds or debts of the corporation. Bonds and obligations received in payment of any obligation shall be numbered consecutively and the lowest numbers paid off first.

(4) No obligations of the corporation shall be issued by the board unless it is determined that the annual assessment which will be required for the payment thereof as same matures together with other assessments which will be necessary for maintenance and operation expense and other purposes will not exceed in the whole the maximum amount of annual benefits which may be assessed and apportioned in any one year. Nor shall debts be incurred and obligations issued the aggregate amount of which will exceed the limitation determined by the determined benefits as stated in the recorded landowners’ notice.

Source: Section 554.240 — Retirement of bonds; conditions of sale; resolution authorizing bond issue; surrender of bonds in payment of assessments; debts not to exceed assessments or benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 545.460 — OR Code / Title 45 / Chapter 545 / Section 545.460
545.460 Withholding water while assessments are unpaid
Status: in_force

The board of directors of an irrigation district may withhold delivery of water to any land within the district until such time as unpaid assessments appearing on the county tax rolls levied against the lands for any prior year, as the board may direct, are paid. A board of directors may accept promissory notes, chattel or real property mortgages or other security, as security for the payment of any delinquent assessments. [Amended by 1995 c.42 §102]

Source: Section 545.460 — Withholding water while assessments are unpaid; accepting security for payment of assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.270 — OR Code / Title 45 / Chapter 537 / Section 537.270
537.270 Conclusiveness of certificate
Status: in_force

A water right certificate issued in accordance with the provisions of ORS 537.250 (Water right certificate) which, after the expiration of three months from the date it is issued, has not been contested and canceled in the manner provided in ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation) , and a water right certificate, when issued under ORS 539.140 (Water right certificates) , shall be conclusive evidence of the priority and extent of the appropriation therein described in any proceeding in any court or tribunal of the state, except in those cases where the rights of appropriation thereby described have been abandoned subsequent to issuance of the certificate.

Source: Section 537.270 — Conclusiveness of certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 548.310 — OR Code / Title 45 / Chapter 548 / Section 548.310
548.310 Validation of prior contracts and bonds
Status: in_force

All contracts entered into before November 15, 1935, by any drainage district or irrigation district with any governmental agency of the United States, and any bonds issued before or after November 15, 1935, pursuant to such contract, for any of the purposes provided by ORS 548.305 (Contracts for federal loans) to 548.325 (Charges or assessments) , which comply with the provisions of ORS 548.305 (Contracts for federal loans) and are otherwise regular and duly made and issued according to law, are declared valid, notwithstanding that the total amount of any such loan so provided to be made by the governmental agency exceeds in the aggregate the total amount of the outstanding indebtedness of such district in any case where all or any part of such loan is for purposes other than refunding the outstanding indebtedness of such district.

Source: Section 548.310 — Validation of prior contracts and bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 539.310 — OR Code / Title 45 / Chapter 539 / Section 539.310
539.310 Negotiation for water rights
Status: reserved

(1) The Water Resources Director may negotiate with representatives of any federally recognized Indian tribe that may have a federal reserved water right claim in Oregon and representatives of the federal government as trustee for the federally recognized Indian tribe to define the scope and attributes of rights to water claimed by the federally recognized Indian tribe to satisfy tribal rights under treaty between the United States and the tribes of Oregon. All negotiations in which the director participates under this section shall be open to the public.

(2) During negotiations conducted under subsection (1) of this section, the director shall:

(a) Provide public notice of the negotiations;

(b) Allow for public input through the director; and

(c) Provide regular reports on the progress of the negotiations to interested members of the public. [1987 c.81 §3; 1993 c.67 §2]

Source: Section 539.310 — Negotiation for water rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 543a.805 — OR Code / Title 45 / Chapter 543a / Section 543a.805
543A.805 Reference to licensee or license
Status: in_force

Notwithstanding any other provision of law, any reference to a licensee or to a hydroelectric license for a hydroelectric project shall be considered a reference to a time-limited water right certificate for the use of water for hydroelectric purposes for the purpose of applying the provisions of this chapter and ORS 468.065 (Issuance of permits) , 468B.040 (Certification of hydroelectric power project) , 468B.045 (Certification of change to hydroelectric power project) , 468B.046 (Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes) , 536.015 (Water Resources Department Hydroelectric Fund) , 536.050 (Fees) , 543.012 (Applicability of chapter to reauthorization of existing hydroelectric project) and 543.710 (Annual fee based on horsepower) pertaining to reauthorizing the use of water for hydroelectric purposes. [1997 c.449 §43]

Source: Section 543A.805 — Reference to licensee or license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 537.289 — OR Code / Title 45 / Chapter 537 / Section 537.289
537.289 Conditions to be imposed on permit of municipal corporation or district
Status: in_force

(1) Whenever the Water Resources Department issues a permit under ORS 537.211 (Issuance of permit if application approved) allowing a municipal corporation or district, as defined in ORS 543.655 (Definitions for ORS 543.650 to 543.685) , to appropriate water for the purpose of generating hydroelectric power, the department shall impose the following conditions on the permit, in addition to any other term, limitation or condition imposed under ORS 537.211 (Issuance of permit if application approved) :

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

(b) That the holder of the permit 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 proposes to generate 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 department to determine whether the permittee remains qualified as a municipal applicant.

(2) If the department determines that a permittee no longer qualifies as a municipal applicant, the department shall notify the permittee and any nonmunicipal entity developing a project with the permittee that the parties have 90 days to amend their joint relationship to continue qualifying as a municipal corporation or district. [1985 c.392 §5; 1985 c.673 §186; 1995 c.416 §33]

Source: Section 537.289 — Conditions to be imposed on permit of municipal corporation or district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.484 — OR Code / Title 45 / Chapter 545 / Section 545.484
545.484 Computation of amount to be raised
Status: in_force

(1) At least once in each year the board of directors of an irrigation district that has provided for the collection of its own incurred charges as provided by ORS 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) , by resolution, shall make a computation of the total amount of money necessary to be raised by the district for the ensuing year for the purpose of carrying out the Irrigation District Law, including an allowance for delinquencies in collections. When making the computation, the board shall consider the amounts of money necessary for:

(a) The care, operation and maintenance of district facilities;

(b) Reasonable reserve funds for major maintenance, improvement and replacement of capital improvements and facilities;

(c) The acquisition of land or water rights;

(d) Bond or interest payments, or payments due or to become due to the United States or the State of Oregon under any contract of the district with the United States or the State of Oregon; or

(e) Other expenses of the district.

(2) The resolution shall fix the time when the incurred charge becomes due and payable. The resolution shall also fix a time, within one year after the date the incurred charge becomes due and payable, after which the incurred charge becomes delinquent.

(3) The amount determined by the board shall be apportioned by the board to the lands owned or held by each person so that each acre of land in the district that is entitled to irrigation is required to pay the same amount, except as otherwise provided in ORS 545.385 (Certain lands may be assessed at different amounts) , 545.387 (Assessment on benefit basis) , 545.389 (Deduction for rights or property required by district) , 545.391 (Assessments for contracts with United States) and 545.487 (Pressurization charge) . Land owned by a person constituting a fractional portion of an acre may be rounded to the next higher whole acre.

(4) A district that provides drainage or other services to lands that are not entitled to irrigation services from the district may, at the discretion of the district’s board of directors, charge a different fee for the provision of those services.

(5) The annual incurred charges established by the resolution shall continue in effect from year to year until changed by a resolution of the board of directors.

(6) A person is deemed to have requested water and other services and improvements provided by the district if the person signed a petition requesting the formation of an irrigation district under ORS 545.025 (Purposes of irrigation district) , requested that the land of the person be included in the district pursuant to ORS 545.057 (Petition for inclusion of lands within district) or paid an incurred charge on or before the delinquency date fixed by the resolution and the person has not:

(a) Excluded the land from the district pursuant to ORS 545.099 (Petition for exclusion of lands from district) ;

(b) Transferred all water rights from the land pursuant to ORS 540.505 (Definitions) to 540.585 (Temporary transfers within Deschutes River Basin) for the period of time that the incurred charge was incurred; or

(c) Otherwise requested that water and other services and improvements no longer be provided to the land.

(7) Notwithstanding subsection (3) of this section, if a person was denied approval to transfer all water rights from the land pursuant to ORS 540.523 (Temporary transfer of water right or permit) or 540.530 (Order authorizing change of use, place of use or point of diversion) or another provision for the period of time that the incurred charge was incurred, the district may assess an incurred charge against the person only if the incurred charge is based on the actual quantity of water used by the person. [Amended by 1987 c.694 §2; 1991 c.459 §423d; 1995 c.42 §113; 2001 c.476 §2]

Source: Section 545.484 — Computation of amount to be raised; apportionment of charges; fixing due date and delinquency date; fee for other services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 549.710 — OR Code / Title 45 / Chapter 549 / Section 549.710
549.710 Powers of counties with populations in excess of 50,000
Status: in_force

In any county having a population in excess of 50,000, according to the latest federal decennial census, the county court or board of county commissioners may:

(1) Carry out surveys and plan and engage in projects relating to water conservation and flood control.

(2) Contract and cooperate with federal and state agencies, with other counties and with other public corporations in making surveys and planning and engaging in projects relating to water conservation and flood control.

(3) Provide lands and rights of way, operate and maintain flood control projects and do such other things as are necessary for county participation in federal flood control and water conservation projects.

(4) Remove or destroy drifts and drifting material in rivers and streams or on land that has been flooded. [1957 c.296 §1]

Source: Section 549.710 — Powers of counties with populations in excess of 50,000 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 541.830 — OR Code / Title 45 / Chapter 541 / Section 541.830
541.830 Water Development Administration and Bond Sinking Fund
Status: in_force

(1) There hereby is created the Water Development Administration and Bond Sinking Fund, separate and distinct from the General Fund, to provide for payment of:

(a) Administrative expenses of the Water Resources Commission and the Water Resources Department in processing applications, investigating proposed water development projects and federal water development projects under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) and servicing and collecting outstanding loans made under ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) , if the expense is not paid directly by the applicant, including principal and interest due on bonds outstanding. These administrative expenses also may include all costs associated with the issuance of bonds and the funding of any credit enhancements or reserves determined to be necessary or advantageous in connection with the bonds.

(b) Administrative expenses of the State Treasurer in carrying out the duties, functions and powers imposed upon the State Treasurer by ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) .

(c) Principal and interest of all bonds issued pursuant to the provisions of ORS 541.780 (Bonds to provide project financing) to 541.815 (Limitation on bond issuance amount) .

(2) The fund created by subsection (1) of this section shall consist of:

(a) Application fees required under ORS 541.710 (Processing project application) .

(b) Repayments of moneys loaned to water developers from the Water Development Fund, including interest on such moneys.

(c) Repayments of moneys loaned for the acquisition of easements and rights of way for federal water development projects, including interest on such moneys.

(d) Such moneys as may be appropriated to the fund by the Legislative Assembly, including appropriations dedicated to the partial payment for or repayment of projects affording public benefits.

(e) Moneys obtained from the sale of refunding bonds and any accrued interest on such bonds.

(f) Moneys received from ad valorem taxes levied pursuant to Article XI-I(1), Oregon Constitution, and all moneys that the Legislative Assembly may provide in lieu of such taxes.

(g) Interest earned on cash balances invested by the State Treasurer.

(h) Any revenues received by the commission under the provisions of ORS 541.745 (Remedies of commission when water developer fails to comply with contract) .

(i) Moneys transferred from the Water Development Fund.

(3) The moneys referred to in subsection (2) of this section are continuously appropriated to the commission for the purposes provided in subsection (1) of this section.

(4) The commission, with the approval of the Governor, may identify those projects financed under the provisions of ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) that offer significant public benefit, and recommend to the Legislative Assembly funding of those projects in proportion to the public benefits offered.

(5) The commission, with the approval of the State Treasurer, may transfer moneys from the fund created under subsection (1) of this section to the Water Development Fund if:

(a) A cash flow projection shows that the transfer will not have any negative impact on the commission’s ability to pay bond principal, interest and administration costs;

(b) The transfer will not create the need for issuance of any bonds; and

(c) The transfer, together with loans outstanding from prior transfers and not refinanced by funds derived directly from a bond sale, does not exceed $1.

(6) The transfer amount authorized by subsection (5) of this section may be increased by the Emergency Board. [1977 c.246 §28; 1981 c.172 §1; 1985 c.673 §123; 1989 c.587 §3; 1989 c.950 §5; 1991 c.944 §9; 2009 c.907 §§12,40; 2013 c.784 §37]

Source: Section 541.830 — Water Development Administration and Bond Sinking Fund; sources; use; Governor’s approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 554.040 — OR Code / Title 45 / Chapter 554 / Section 554.040
554.040 Contents of articles
Status: in_force

The articles of incorporation shall specify:

(1) The duration of the corporation, if limited.

(2) The name assumed by the corporation and by which it shall be known, which name must include the words “district improvement company,” except that:

(a) A corporation organized under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) but not organized for profit, or a corporation incorporated before March 4, 1937, under chapter 172, Oregon Laws 1911, which amends its articles to state that the corporation shall not operate for profit, may omit the word “company” from the name and adopt a name using the words “improvement district” combined with other appropriate words to designate the name of such district; and

(b) A district converted to a corporation under ORS 554.380 (Articles of incorporation for corporation formed from dissolved district) shall replace the word “district” with the words “improvement company.”

(3) The particular land to be improved by the works of the corporation, describing the land by legal subdivisions so far as possible and otherwise by tracts or lots of duly platted land or by metes and bounds, with the acreage thereof and the names of the respective owners as shown by the records of the county, and the total number of acres.

(4) In general but clear language, the purpose and intent of the corporation, and describe in general language the proposed plan of improvement whether for one or more of the purposes named in ORS 554.020 (Articles of incorporation) .

(5) The number of directors and the names of those first holding such office, and the mode and times of the election of their successors in office.

(6) The location of the principal office of the corporation for the transaction of business, which must be in a county where at least a portion of the land to be improved is situated, and the mailing address, if different.

(7) Whether or not such corporation is organized for profit to the corporation or to its members.

(8) The initial registered agent and the address, including any street and number, of the registered office of the corporation.

(9) The name and address of each incorporator.

(10) The method of allocating votes to the membership, which may be based on:

(a) One vote for each acre of land owned; or

(b) One vote for each parcel as defined in the bylaws of the corporation, regardless of the number of acres owned. [Amended by 1983 c.717 §31; 1987 c.94 §146; 1995 c.233 §1; 2013 c.284 §6]

Source: Section 554.040 — Contents of articles , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 540.482 — OR Code / Title 45 / Chapter 540 / Section 540.482
540.482 Emergency action plan for dam with high hazard rating
Status: in_force

(1) The Water Resources Department shall require the owner of a dam that has a high hazard rating to develop an emergency action plan for the dam.

(2) An emergency action plan required under this section must include, but need not be limited to:

(a) Means for emergency condition detection;

(b) Means for emergency level determination;

(c) Identification of, and information necessary for, notifications and communications to be made at each level of emergency condition;

(d) A description of actions expected to be undertaken to prevent dam failure or reduce the effects of dam failure;

(e) A map of dam failure inundation zones for varying conditions, including, but not limited to, dry weather conditions and high flood conditions; and

(f) Procedures to be followed at the termination of an emergency.

(3) A dam owner that develops an emergency action plan required under this section shall file copies of the plan with the Water Resources Department, the Oregon Department of Emergency Management and the local emergency services agency for the county where the dam is located. The Water Resources Department, in consultation with the Oregon Department of Emergency Management and local emergency services agency, shall periodically review the emergency action plan and may require updates to the plan.

(4) The Water Resources Department, in consultation with the Oregon Department of Emergency Management and local emergency services agency, shall determine the appropriate frequency for conducting emergency response exercises at a dam that has a high hazard rating. [2019 c.390 §15; 2021 c.539 §42]

Source: Section 540.482 — Emergency action plan for dam with high hazard rating , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 545.199 — OR Code / Title 45 / Chapter 545 / Section 545.199
545.199 Increase in number of directors upon determination of board or petition
Status: in_force

(1) An irrigation district may increase the number of its board of directors from three to five members when:

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

(b) Fifty or more qualified electors within the district file with the board a petition requesting an election for the purpose of increasing the number of directors.

(2) Upon the determination of the board or upon the filing of a petition requesting the increase, the board shall submit the question to the district electors at the next regular election or at a special election ordered by the board for such purpose. At the same election, two persons shall be elected to serve as directors if the electors, by a majority of votes cast at the election, increase the number of the board. [Formerly 545.018; 1997 c.249 §182; 1999 c.452 §20]

Source: Section 545.199 — Increase in number of directors upon determination of board or petition; election on increase , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 536.570 — OR Code / Title 45 / Chapter 536 / Section 536.570
536.570 Moneys and securities of irrigation districts in possession of Water Resources Commission
Status: in_force

The Water Resources Commission may deposit with the State Treasurer for safekeeping all moneys and securities which may come into the commission’s possession in connection with the reorganization, retirement or settlement of the bonds, warrants or other evidences of indebtedness of any irrigation district within the state. When so deposited the State Treasurer shall safely keep the same subject to call of the Water Resources Commission. [Formerly 544.050; 1957 c.351 §3; 1985 c.673 §19]

Source: Section 536.570 — Moneys and securities of irrigation districts in possession of Water Resources Commission; deposit with State Treasurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 541.510 — OR Code / Title 45 / Chapter 541 / Section 541.510
541.510 Authority of Water Resources Commission to require signs warning public of stream level fluctuation
Status: in_force

(1) Whenever it appears to the satisfaction of the Water Resources Commission upon the commission’s own determination or upon evidence submitted by any person that the release of water from an impoundment or diversion structure constructed before or after May 26, 1959, endangers or may endanger the public safety, the commission shall send a written notice to the owner or operator of the structure.

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

(a) That the release of water from the impoundment or diversion structure endangers or may endanger the public safety.

(b) That the owner or operator of the structure shall within a time to be set by the commission post notices downstream from the structure at places of public access to the stream to be designated by the commission warning the public that the stream level below the structure is subject to fluctuation. [1959 c.624 §1; 1961 c.379 §9a; 1985 c.673 §104]

Source: Section 541.510 — Authority of Water Resources Commission to require signs warning public of stream level fluctuation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 543a.120 — OR Code / Title 45 / Chapter 543a / Section 543a.120
543A.120 Proposed final order
Status: in_force

(1) A proposed final order prepared by a Hydroelectric Application Review Team and submitted to the Water Resources Department under ORS 543A.040 (Process determination) , 543A.055 (Hydroelectric Application Review Team review of application) or 543A.105 (Hydroelectric Application Review Team review of final application) shall be based on the application of the standards set forth in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) and shall reflect the complete review of the water right application for compliance with applicable statutes and rules.

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

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

(b) A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program, the compatibility of the proposed use with applicable land use plans and information set forth in the application report or final report on studies;

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

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

(e) An assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) ;

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

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

(3) The department shall mail copies of the proposed final order, as submitted by the team, to the applicant and to persons who have requested copies and paid the fee required under ORS 536.050 (Fees) (1)(p). The department also shall give public notice of the proposed final order in the weekly notice published by the department.

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

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

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

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

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

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

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

(f) The protest fee required under ORS 536.050 (Fees) (1)(j).

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

(7) The Hydroelectric Application Review Team shall review any protest received and provide to the Water Resources Director a recommended response to any protest received.

(8) Within 120 days after the close of the period for receiving protests and after consultation with the Hydroelectric Application Review Team, the director shall:

(a) Issue a final order as provided under ORS 543A.130 (Contested case hearing) ; or

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

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

(B) Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing.

(9) At the request of the applicant, the department may extend the time periods set forth in subsection (8) of this section for a reasonable period of time.

(10) If the application is for reauthorization of a water right for a federally licensed project, the department may postpone the issuance of the final order until the Federal Energy Regulatory Commission license is issued. [1997 c.449 §23; 2013 c.644 §13]

Source: Section 543A.120 — Proposed final order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 541.978 — OR Code / Title 45 / Chapter 541 / Section 541.978
541.978 Oregon Agricultural Heritage Fund
Status: in_force

(1) The Oregon Agricultural Heritage Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Agricultural Heritage Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Watershed Enhancement Board for the purpose of carrying out ORS 541.977 (Definitions for ORS 541.977 to 541.989) to 541.989 (Commission duties) .

(2) The board may accept contributions to the fund from any public or private source and may agree to any conditions for the expenditure of those contributions that are consistent with the purposes of the fund. [2017 c.716 §2]

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

Source: Section 541.978 — Oregon Agricultural Heritage Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.002 — OR Code / Title 45 / Chapter 545 / Section 545.002
545.002 Definitions
Status: in_force

As used in this chapter:

(1) “Board” or “board of directors” means the governing body of a district.

(2) “District” means an irrigation district organized or operating under this chapter.

(3) “Owner of land” or “elector” includes every person 18 years of age or older, whether a resident of the district or state or not, who is an owner or a vendee under a contract of purchase of land situated within the district and subject to the charges or assessments of the district. [Amended by 1993 c.771 §3; 1995 c.42 §2]

Source: Section 545.002 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.543 — OR Code / Title 45 / Chapter 540 / Section 540.543
540.543 Regulation of headgates when water provided by exchange
Status: in_force

If water for an in-stream use is provided by exchange, the watermaster shall regulate headgates and other diversion points as necessary to assure that the exchange water is not diverted from the channel at any point above the most downstream point of use specified in the permit or certificate that establishes the right to use of water for an in-stream purpose. [1987 c.815 §7]

Source: Section 540.543 — Regulation of headgates when water provided by exchange , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 552.413 — OR Code / Title 45 / Chapter 552 / Section 552.413
552.413 Engineering plans prepared by other agencies
Status: in_force

In lieu of obtaining engineering plans as provided by ORS 552.408 (District projects) , the district board may adopt as an engineering plan, any plans meeting the requirements of this chapter made by an agency of the federal government or the state, or proposed as project work plans by a soil and water conservation district in which lands within the water improvement district are located. [1969 c.606 §34; 1989 c.182 §46]

Source: Section 552.413 — Engineering plans prepared by other agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.140 — OR Code / Title 45 / Chapter 537 / Section 537.140
537.140 Application for permit
Status: in_force

(1) Intentionally left blank —Ed.

(a) Each application for a permit to appropriate water shall be made to the Water Resources Department on a form prescribed by the department and shall set forth:

(A) The name and mailing address of the applicant;

(B) The source of water supply including the name and mailing address of any owner of the land upon which the source of the water supply is located;

(C) The nature and amount of the proposed use;

(D) The location and description of the proposed ditch, canal or other work, including the name and mailing address of the owner of any lands that are not owned by the applicant and that are crossed by the proposed ditch, canal or other work even if the applicant has obtained written authorization or an easement from the owner;

(E) A statement declaring whether the applicant has written authorization or an easement permitting access to nonowned land crossed by the proposed ditch, canal or other work;

(F) The time within which it is proposed to begin construction;

(G) The time required for completion of the construction;

(H) The time for the complete application of the water to the proposed use; and

(I) Any other information required in the application form that is necessary to evaluate the application as established by statute and rule.

(b) If for agricultural purposes, the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.

(c) Except as provided in subsection (2) of this section, if for power purposes, the application shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied.

(d) If for construction of a reservoir, the application shall give the height of dam, the capacity of the reservoir, and the uses to be made of the impounded waters.

(e) If for municipal water supply, the application shall give the present population to be served, and, as near as may be, the future requirements of the city.

(f) If for mining purposes, the application shall give the nature of the mines to be served, and the methods of supplying and utilizing the water.

(2) Any person who has applied to the Federal Energy Regulatory Commission for a preliminary permit or an exemption from licensing shall, at the same time, apply to the Water Resources Department for a permit to appropriate water for a hydroelectric project. An applicant for a permit to appropriate water for a new hydroelectric project shall submit to the department a complete copy of any application for the project filed with the Federal Energy Regulatory Commission or other federal agency. If the copy of the federal application is filed with the department at the same time it is filed with the federal agency, at the department’s discretion such copy may fulfill the requirements for an application under subsection (1) of this section.

(3) Each application shall be accompanied by any map or drawing and all other data concerning the proposed project and the applicant’s ability and intention to construct the project, as may be prescribed by the Water Resources Commission. The accompanying data shall be considered a part of the application.

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

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

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

(7) Notwithstanding any provision of ORS chapter 183, an application for a permit to appropriate water shall be processed in the manner set forth in ORS 537.120 (Right of appropriation) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits) . Nothing in ORS chapter 183 shall be construed to allow additional persons to participate in the process. To the extent that any provision in ORS chapter 183 conflicts with a provision set forth in ORS 537.120 (Right of appropriation) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits) , the provisions in ORS 537.120 (Right of appropriation) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits) shall control. [Amended by 1985 c.673 §27; 1987 c.542 §5; 1989 c.509 §4; 1991 c.735 §32; 1991 c.869 §6; 1993 c.557 §1; 1993 c.591 §2; 1995 c.365 §3; 1995 c.416 §5; 1997 c.446 §1; 1997 c.587 §4; 2013 c.371 §31]

Source: Section 537.140 — Application for permit; contents; maps and drawings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543a.410 — OR Code / Title 45 / Chapter 543a / Section 543a.410
543A.410 Fee schedule
Status: in_force

(1) All expenses incurred by the Hydroelectric Application Review Team and its participating agencies that are charged to or allocated to the fee paid by an applicant shall be necessary, just and reasonable. Upon request, the team shall provide the applicant with a detailed justification for all charges. Not later than January 1 of each year, the Water Resources Director by order shall establish a schedule of fees that those persons submitting a notice of intent must submit under ORS 543A.030 (Notice of intent) or 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) . The fee schedule shall be designed to recover the actual costs of evaluating the notice of intent. Fees shall be based on actual, historical costs incurred by the team and its participating agencies to the extent historical costs are available. The fees established by the schedule shall reflect the size and complexity of the project for which a notice of intent is submitted.

(2) If a dispute arises regarding the necessity or reasonableness of expenses charged to or allocated to the fee paid by an applicant, and if the dispute is not resolved by the directors of the affected agencies, the applicant may seek judicial review in circuit court of the amount of expenses charged or allocated as provided in ORS 183.480 (Judicial review of agency orders) , 183.484 (Jurisdiction for review of orders other than contested cases) , 183.490 (Agency may be compelled to act) and 183.500 (Appeals) . If the applicant establishes that any of the charges or allocations are unnecessary or unreasonable, the amount found to be unnecessary or unreasonable shall be refunded to the applicant. The applicant shall not waive the right to judicial review by paying the portion of the fee or expense in dispute. [1997 c.449 §34]

Source: Section 543A.410 — Fee schedule; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 545.037 — OR Code / Title 45 / Chapter 545 / Section 545.037
545.037 Notice of election for determining organization of district
Status: in_force

(1) Except when an election is not required as provided in ORS 545.029 (Hearing of petition by county court) (3), the county court shall give notice of an election to be held in the proposed district for the purpose of determining whether or not the district shall be organized under the Irrigation District Law and for the purpose of electing an initial board of directors. The notice shall describe the boundaries established for the district. However, if the county court, in the order defining the boundaries, orders that they need not be described in the notice, the notice shall refer to and incorporate by reference the boundaries established by the order of the county court under ORS 545.029 (Hearing of petition by county court) and on file in the office of the county clerk of the county in which the district is located. The notice shall designate the name of the proposed district, state the date of the election, the board positions to be voted upon and the latest date on which candidates for election as board members may file petitions for nomination. The notice shall be published once each week, commencing not later than the 50th day before the election, for at least four consecutive weeks in a newspaper of general circulation in the county. If any portion of the district lies within another county, then the notice shall be published in a newspaper of general circulation in each county in the same time and manner. The notice shall require the electors to cast ballots which contain the words “Irrigation District – Yes,” and “Irrigation District – No,” or equivalent words. During the period in which the notice is published, the county clerk shall send a copy of the notice by registered mail or by certified mail with return receipt to each owner of land identified in the petition for formation under ORS 545.025 (Purposes of irrigation district) (5) who has not joined in the petition for organization of the district. The provisions of this subsection relating to mailing notices are directory and not jurisdictional.

(2) In lieu of including a description of the lands within a district or the boundaries of a district in the notice of election, the county court or board of directors calling an election in an irrigation district may direct that the notice refer to the order calling the election and incorporate by reference the description of the district boundaries contained in the order. [Formerly 545.010; 1999 c.452 §7]

Source: Section 545.037 — Notice of election for determining organization of district; contents; publication; mailing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.346 — OR Code / Title 45 / Chapter 537 / Section 537.346
537.346 Conversion of minimum perennial streamflows to in-stream water rights
Status: in_force

(1) All minimum perennial streamflows established on any waters of this state before June 25, 1988, shall be converted to in-stream water rights after the Water Resources Commission reviews the streamflows and the Water Resources Department issues a certificate for an in-stream water right in accordance with ORS 537.343 (Proposed final order) with the same priority date as the minimum perennial streamflow.

(2) The priority date for that portion of an in-stream water right that uses the stored water component of a minimum perennial streamflow in the Willamette Basin shall be the date the commission or its predecessor adopted the minimum perennial streamflow containing the stored water component.

(3) Notwithstanding the priority date established under subsection (2) of this section, until the state enters into a contract that meets the criteria set forth in subsection (4) of this section with the owner of the storage facility to release the stored water for the purpose of satisfying the in-stream water right, for that portion of an in-stream water right in the Willamette Basin converted from the stored water component of a minimum perennial streamflow, the department:

(a) May not require the release of the stored water; and

(b) Shall not regulate the use of water to provide water for the portion of the in-stream water right using stored water.

(4) A contract for the release of stored water to satisfy an in-stream water right shall:

(a) Include as parties to the contract the State of Oregon and the owner of the storage facility;

(b) Specifically allow the state to obtain the release of stored water to satisfy an in-stream water right; and

(c) Identify a method to determine the specific quantity of water released from storage to satisfy the stored water component of the in-stream water right.

(5) If the federal government does not release water to satisfy a stored water component of an in-stream water right pursuant to a contract that satisfies the criteria set forth in subsection (4) of this section, the department may not regulate the use of water by other water right holders to satisfy the stored water component of an in-stream water right or take any other action that impairs the rights of any person under a valid contract for the use of the stored water. [1987 c.859 §8; 1995 c.72 §1; 1997 c.212 §3; 1999 c.59 §170; 2001 c.104 §227]

Source: Section 537.346 — Conversion of minimum perennial streamflows to in-stream water rights; special provisions for Willamette Basin , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.932 — OR Code / Title 45 / Chapter 541 / Section 541.932
541.932 Watershed enhancement project assistance
Status: in_force

(1) Intentionally left blank —Ed.

(a) The following entities may submit a request for funding for, or for advice and assistance in developing, a project under ORS 541.890 (Definitions for ORS 541.890 to 541.969) to 541.969 (Report to Legislative Assembly by state agencies receiving subaccount moneys) :

(A) A person;

(B) An Indian tribe;

(C) A watershed council;

(D) A soil and water conservation district;

(E) A community college;

(F) A public university listed in ORS 352.002 (Public universities) ;

(G) An independent not-for-profit institution of higher education; or

(H) A political subdivision of this state that is not a state agency.

(b) A state agency or federal agency may apply for funding under this section only as a coapplicant with an entity described in paragraph (a) of this subsection.

(2) The request under subsection (1) of this section shall be filed in the manner, be in the form and contain the information required by the Oregon Watershed Enhancement Board, regardless of the anticipated funding source for the project.

(3) The board may establish a grant program through soil and water conservation districts organized under ORS 568.210 (Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933) to 568.808 (Taxing district to file legal description and map) and 568.900 (Definitions for ORS 568.900 to 568.933) to 568.933 (Civil penalties) that provides funds for local implementation of watershed enhancement, education and monitoring efforts.

(4) The board may fund implementation of action plans based on a watershed assessment that addresses water quality and aquatic resources of the watershed.

(5) A project may use mechanical, vegetative or structural methods including, but not limited to, management techniques, erosion control, streambank stabilization, forest, range or crop land treatment, site specific in-stream structures, acquisitions or leases of land or water rights from a willing owner, watershed assessments, landowner incentives and action plan development, implementation and monitoring.

(6) The actions of a soil and water conservation district carried out pursuant to a grant program established by the board under subsection (3) of this section shall not be subject to review and approval by the Natural Resources Division under ORS 561.400 (Natural Resources Division) .

(7) If a project or a portion of a project is not subject to the funding criteria described in ORS 541.958 (Criteria for project receiving moneys from Watershed Conservation Grant Fund) and applies to receive funding from the board, the board may approve the project or portion of a project for funding only if the project or portion of a project:

(a) Is based on sound principles of native fish or wildlife habitat conservation or watershed management;

(b) Uses methods most adapted to the project locale;

(c) Meets the criteria established by the board under ORS 541.906 (Rules) ; and

(d) Contributes to either:

(A) The improved health of a stream, lake or reservoir and toward the achievement of standards that satisfy the requirements of the Federal Water Pollution Control Act (P.L. 92-500), as amended; or

(B) The conservation or restoration of habitat for, or of watershed or ecosystem function for, native fish or wildlife.

(8) The Oregon Watershed Enhancement Board may fund a project for the restoration of a riparian area or associated upland that is carried out in conjunction with a storage structure. However, the board shall not approve funding for any proposed project that consists solely of construction of a storage structure for out-of-stream use.

(9) The Oregon Watershed Enhancement Board may fund projects involving the acquisition of lands and waters, or interests therein from willing sellers, for the purpose of maintaining or restoring watersheds and habitat for native fish or wildlife. Interests in these lands and waters may be held by local, state and federal agencies, tribes, not-for-profit land conservation organizations and trusts, public universities listed in ORS 352.002 (Public universities) , independent not-for-profit institutions of higher education or political subdivisions of this state, as long as the entity continues to use the land or water for the purposes specified under section 4b, Article XV of the Oregon Constitution.

(10) If the Oregon Watershed Enhancement Board approves funding for a project under this section, the board may not disburse funds to the applicant for any part of the project that requires the applicant to obtain a permit or license from a local, state or federal agency or governing body until the applicant presents evidence that the agency has granted the permit or license. [Formerly 541.375]

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

Source: Section 541.932 — Watershed enhancement project assistance; criteria for funding approval; acquisition of interest in land or water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 547.697 — OR Code / Title 45 / Chapter 547 / Section 547.697
547.697 Bond fund separate from district general fund
Status: in_force

(1) The district treasurer shall deposit all money arising from the sale of refunding bonds, and sufficient money arising from assessment and levy to meet the next installment of principal and interest on the bonds of the district, in a bond fund separate from its general fund. From the bond fund the treasurer shall pay the principal on bonds as they mature and the interest when the coupons are presented.

(2) Except as otherwise provided by subsection (1) of this section, all money received by the district, including money from the sale of bonds other than refunding bonds and for the construction and acquisition of works, shall be credited to a general fund. The district treasurer shall use the general fund to pay all obligations of the district other than those described by subsection (1) of this section. [1969 c.694 §38; 2001 c.215 §28]

Source: Section 547.697 — Bond fund separate from district general fund; deposits to bond fund and district general fund; expenditures from bond fund and district general fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 547.465 — OR Code / Title 45 / Chapter 547 / Section 547.465
547.465 Assessment or charge of low lands used for growing crops
Status: in_force

Whenever lands located in a drainage district which, because of their low elevation, were not assessed benefits in accordance with ORS 547.225 (Assessment of benefits and damages by commissioners) , are used for growing crops, the board of supervisors may levy an annual assessment against the lands or may impose a charge upon the owners of the lands for maintenance and operation. The assessment or charge shall not exceed 100 percent of the rate levied against assessed lands in the district, or imposed upon owners of land in the district, having the lowest elevation. The charges or assessments shall be collected in the same manner as other charges or assessments for maintenance and operation in drainage districts are collected. [Amended by 1991 c.459 §425L]

Source: Section 547.465 — Assessment or charge of low lands used for growing crops , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 545.137 — OR Code / Title 45 / Chapter 545 / Section 545.137
545.137 Notices of election
Status: in_force

(1) At least 10 days before any election held under the Irrigation District Law, subsequent to the organization of any district, the secretary of the board of directors shall cause the publication of a notice of the time, place and purpose of the election in a newspaper that is published or distributed within every county in which either the district or a division of the district is located. The secretary shall also post a general notice of the election in the office of the board specifying the polling places of each division.

(2) Prior to the publishing and posting of the notices required in subsection (1) of this section, the board must appoint for each division, from the electors of the division, three judges of election, who shall constitute a board of election for the division. If the board fails to appoint a board of election, or the members appointed do not attend at the opening of the polls on the morning of election, the electors of the division at that hour may appoint a board of election from the group of electors present. In its order appointing the board of election, the board of directors must designate the place within the division where the election is to be held. The board may designate the district office or any other location within the district as the place where the election is to be held. If one location serves as the place of election for more than one division, the board of directors may appoint from among the electors of the divisions a single three-member board of election for the divisions.

(3) Candidates may be nominated for any election in the same manner as candidates may be nominated at the organization election described in ORS 545.041 (Conduct of election) . Openings for the board of directors of an irrigation district shall be advertised in a newspaper of general circulation within the boundaries of the district for which the candidate would be elected or posted in three public places within the district at least 60 days prior to the election. All nominations shall be filed with the secretary of the board not more than 75 nor less than 35 days before the date of the election. In districts having more than 25 electors, a person shall not be elected as a member of the board of directors unless the person has been nominated either by petition or at an assembly 35 days prior to the date of the election.

(4) If, after expiration of the date for nomination, only one qualified candidate has been nominated for the office to be filled, it shall not be necessary to hold an election. The board of directors shall declare such candidate elected as director at the next regularly scheduled board meeting or at a special meeting called for that purpose. The secretary immediately shall make out and deliver to the nominated person a certificate of election signed by the secretary and authenticated with the seal of the board.

(5) The secretary shall cause the names of all persons nominated to be printed on ballots as candidates for the offices for which they have been nominated. [Formerly 545.026; 1999 c.452 §15; 2001 c.257 §2]

Source: Section 545.137 — Notices of election; board of election; place of holding election; nomination of candidates; advertising openings on district board; certificate of election to sole candidate; ballots , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.338 — OR Code / Title 45 / Chapter 537 / Section 537.338
537.338 Rules for state agency request for in-stream water right
Status: in_force

The Water Resources Commission by rule shall establish standards, criteria and procedures by which a state agency included under ORS 537.336 (State agencies authorized to request in-stream water rights) may request an in-stream water right to be issued under ORS 537.336 (State agencies authorized to request in-stream water rights) . [1987 c.859 §5]

Source: Section 537.338 — Rules for state agency request for in-stream water right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 552.325 — OR Code / Title 45 / Chapter 552 / Section 552.325
552.325 Water charges
Status: in_force

(1) The district board shall fix charges for water furnished for domestic, industrial and municipal purposes so that the water system is self-sustaining. All indebtedness incurred in the acquisition, construction, maintenance, operation and disposition of the system shall be paid from the revenue collected and from the proceeds of the disposition of the whole or any part of the water system. The district board may establish rates or charges to be paid by each person whose premises are served. The rates or charges may be fixed and classified according to the type of use and according to the amount of water used, and according to whether the property serviced lies within or without the boundaries of the district.

(2) The district shall establish and maintain separate accounts covering the acquisition, construction, reconstruction, maintenance, operation and disposition of the domestic, industrial and municipal water system.

(3) The district board may contract with any other district or with a city to collect water charges for the district within the other district or city and the district may pay a reasonable charge for such services.

(4) Water charges may also be collected and enforced as provided by ORS 454.225 (Rates and charges) . [1969 c.606 §22; 1983 c.740 §216a]

Source: Section 552.325 — Water charges; use of revenues; collection and enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 553.250 — OR Code / Title 45 / Chapter 553 / Section 553.250
553.250 Authority to acquire and dispose of water works
Status: in_force

(1) Notwithstanding any other provisions of this chapter, any water control district, whenever it appears necessary, proper or beneficial to its inhabitants, may acquire, construct, reconstruct, equip, own, maintain, operate, sell, lease and dispose of domestic, industrial and municipal water works or systems and property and all appurtenances incident thereto.

(2) Any such water control district may furnish water for domestic, industrial and municipal uses to premises and inhabitants within its district, and in connection therewith, may supply, furnish and sell any surplus water storage or carrying capacity over and above the domestic, industrial and municipal needs of its inhabitants to persons and other public bodies as defined in ORS 174.109 (“Public body” defined) , either within or without the district; provided, however, that the power to furnish water for domestic, industrial and municipal uses herein conferred will not be exercised in such a manner as to impair the service of the district in furnishing water for its inhabitants. [1963 c.363 §2; 2003 c.802 §141]

Source: Section 553.250 — Authority to acquire and dispose of water works; sale of water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 539.190 — OR Code / Title 45 / Chapter 539 / Section 539.190
539.190 Rehearing by circuit court
Status: in_force

Within six months from the date of the decree of the circuit court determining the rights upon any stream, or if appealed, within six months from the date of the decree of the circuit court on the decision of the Supreme Court, the Water Resources Director or any party interested may apply to the circuit court for a rehearing upon grounds to be stated in the application. If in the discretion of the court the application states good grounds for the rehearing, the circuit court or judge shall make an order fixing a time and place when the application shall be heard. The clerk of the circuit court shall, at the expense of the petitioner, forthwith mail written notice of the application to the director and to every party interested, and state in the notice the time and place when the application will be heard. [Amended by 1981 c.178 §15]

Source: Section 539.190 — Rehearing by circuit court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 554.300 — OR Code / Title 45 / Chapter 554 / Section 554.300
554.300 Amendment of articles
Status: in_force

(1) The articles of incorporation of any corporation organized under ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) may at any time be amended so as to include or exclude land as provided under ORS 554.510 (Authority to include or exclude lands) to 554.590 (Articles of amendment) , include or delete matters described under ORS 554.040 (Contents of articles) or to make other amendments authorized under this chapter. An amendment shall not affect the date of priority of the lien of the corporation upon any land, but as to any new land included by an amendment the lien shall attach from the date of the recording of the amended notice. No land can be excluded until its proportionate share of all existing debts of the corporation has been paid.

(2) An amendment other than an amendment to include or exclude land shall be voted upon by the members at a regular meeting or a special meeting called for that purpose. The amendment shall require approval by two-thirds or more of the votes of the members present or by proxy. The articles of amendment shall be submitted to the Office of the Secretary of State for filing.

(3) In addition to the procedures available for administrative dissolution under ORS 554.302 (Dissolution of corporation by Secretary of State) and 554.305 (Notice of grounds for dissolution) , any such corporation may be dissolved and its affairs terminated as provided in subsections (4) and (5) of this section. However, no corporation may be dissolved as provided in subsections (4) and (5) of this section before payment or release of all debts and obligations of the corporation, including every contract and agreement with the federal or the state government, or its or their constituted governmental authorities or agencies, or the assumption of its obligations by another with the consent of all parties.

(4) The board of directors of the corporation shall cause notice to be given of a meeting of the members, which notice shall contain a statement to the effect that the dissolution of the corporation will be considered at the meeting, and a brief statement of the reasons why dissolution is deemed advisable. The question of whether or not the corporation shall be dissolved may be presented at the meeting, and if two-thirds or more of the votes of the members present or by proxy are cast in favor of dissolution, the board shall proceed to dissolve the corporation and liquidate its affairs. The board shall constitute a board of trustees and as such shall dispose of the property of the corporation and pay its debts and obligations or procure releases thereof; provided, that in case an irrigation district, drainage district or flood control district is organized to include the lands in the corporation or any part thereof, the board of directors of the corporation, or the board of trustees in case the corporation has voted to dissolve, shall convey to such irrigation, drainage or flood control district any and all irrigation works or other property owned by such corporation, upon the assumption by the irrigation, drainage or flood control district of the obligations of the corporation.

(5) Upon completing the liquidation of the corporation, the trustees shall submit to the Office of the Secretary of State for filing a statement that the corporation has been dissolved and its affairs liquidated. The trustees also shall send a true copy of the statement to the county clerk of the county in which the corporation had its principal place of business, that the corporation has been legally dissolved, and the clerk shall record the statement in the records of the office of the clerk. [Amended by 1971 c.200 §9; 1985 c.351 §23; 1987 c.94 §150; 1995 c.233 §6; 2013 c.284 §8]

Source: Section 554.300 — Amendment of articles; approval by members; dissolution of corporation by members; inclusion of lands by irrigation, drainage or flood control district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 541.984 — OR Code / Title 45 / Chapter 541 / Section 541.984
541.984 Grant programs
Status: in_force

(1) The Oregon Watershed Enhancement Board shall establish programs to provide grants from the Oregon Agricultural Heritage Fund for the purposes of:

(a) Assisting owners of working land with succession planning for those lands;

(b) Funding the purchasing, implementing, carrying out or monitoring of conservation management plans, working land conservation covenants or working land conservation easements described in ORS 541.981 (Conservation management plans for working lands) and 541.982 (Working land conservation covenants and easements) ; and

(c) Providing development funding or technical assistance to organizations that enter into or propose to enter into agreements resulting in conservation management plans, or that accept or propose to accept working land conservation covenants or working land conservation easements.

(2) The board, after consultation with the Oregon Agricultural Heritage Commission established in ORS 541.986 (Oregon Agricultural Heritage Commission) , shall adopt rules that establish a process for submitting and processing applications for grants under ORS 541.981 (Conservation management plans for working lands) and 541.982 (Working land conservation covenants and easements) . To the extent practicable, the board shall design the process to:

(a) Allow flexibility and responsiveness to program participant needs; and

(b) Ensure compatibility with federal working land conservation easement programs and other programs for the conservation of working land.

(3) The board and the commission shall jointly appoint one or more technical committees to evaluate and rank conservation management plans, working land conservation covenants and working land conservation easements described in applications filed under ORS 541.981 (Conservation management plans for working lands) and 541.982 (Working land conservation covenants and easements) . The system used by the technical committee or committees shall provide for the ranking of conservation management plans to be separate from the ranking of working land conservation covenants and working land conservation easements. The ranking for a plan, covenant or easement shall be based on criteria that include, but need not be limited to:

(a) The extent to which the plan, covenant or easement would protect, maintain or enhance farming or ranching on working land;

(b) The extent to which the plan, covenant or easement would protect, maintain or enhance fish or wildlife habitat, improve water quality or support other natural resource values;

(c) The extent to which the plan, covenant or easement would protect agricultural outcomes, benefits or other investment gains;

(d) The capacity of the organization that filed the application to enter into a conservation management plan or accept a working land conservation covenant or working land conservation easement, and the competence of the organization;

(e) The extent to which the benefit to the state from the investment may be maximized, based on the ability to leverage grant moneys with other funding sources and on the duration and extent of the conservation management plan, working land conservation covenant or working land conservation easement; and

(f) The extent and nature of plan, covenant or easement impacts on owners or operators of neighboring lands.

(4) The criteria for ranking conservation management plans, working land conservation covenants or working land conservation easements under subsection (3) of this section may not include a consideration of the type of agricultural operation conducted on the working land.

(5) An applicant must demonstrate to the satisfaction of the board that the participants in a conservation management plan, working land conservation covenant or working land conservation easement to be benefitted by a grant under this section understand and agree to their roles and responsibilities under the plan, covenant or easement.

(6) The board may issue a grant to fund a conservation management plan, working land conservation covenant or working land conservation easement described in ORS 541.981 (Conservation management plans for working lands) and 541.982 (Working land conservation covenants and easements) only if:

(a) There is a contribution of cash for the plan, covenant or easement, a contribution of in-kind services or another form of investment in the plan, covenant or easement from a funding source other than the Oregon Agricultural Heritage Fund;

(b) The plan, covenant or easement is reviewed by a technical committee that has expertise relevant to the described plan, covenant or easement; and

(c) The commission reviews and recommends funding of the plan, covenant or easement.

(7) Except as provided in this subsection, an organization that receives a grant from the board for a conservation management plan, or an agricultural owner or operator receiving payments of moneys from an organization grant regarding a conservation management plan, may receive cash contributions, other financial assistance, in-kind services or investments, rental or easement payments, tax benefits or other benefits from a federal, state or private entity in return for practices related to the purchasing, implementing, carrying out or monitoring of the conservation management plan. The board or an organization grant may not, however, provide payments that duplicate any federal, state or private payments for the same measures directed to maintaining or enhancing fish or wildlife habitat, improving water quality or supporting other natural resource values within the plan.

(8) An organization that receives a grant from the board for a working land conservation covenant or working land conservation easement, or an owner of working land that enters into a working land conservation covenant or grants a working land conservation easement, may receive cash contributions, other financial assistance, in-kind services or other forms of investment from any public or private sources for purposes of purchasing, implementing, carrying out or monitoring of the covenant or easement. [2017 c.716 §6; 2019 c.13 §53]

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

Source: Section 541.984 — Grant programs; technical committees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 552.438 — OR Code / Title 45 / Chapter 552 / Section 552.438
552.438 Construction on public land or right of way, or along watercourse
Status: in_force

(1) A district may construct works across or along any street or public highway, or over any lands which are property of this state, or any subdivision thereof. A district may construct its work across and along any stream of water or watercourse.

(2) Any works across or along any highway, road or street shall be constructed only with the permission of the Department of Transportation, the county board or the city governing body having jurisdiction of the highway, road or street. The district shall restore any highway, road or street to its former state as near as may be and shall not use the right of way in a manner unnecessarily to impair its usefulness. [1969 c.606 §39]

Source: Section 552.438 — Construction on public land or right of way, or along watercourse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 541.800 — OR Code / Title 45 / Chapter 541 / Section 541.800
541.800 Payment of bond principal and interest from Water Development Administration and Bond Sinking Fund
Status: in_force

(1) The State Treasurer shall make payment of the principal of and the interest on any bond issued under ORS 541.780 (Bonds to provide project financing) to 541.815 (Limitation on bond issuance amount) from the Water Development Administration and Bond Sinking Fund.

(2) The State Treasurer shall compute and determine in January of each year, after the sale of bonds under ORS 541.780 (Bonds to provide project financing) to 541.815 (Limitation on bond issuance amount) , the amount of principal and interest which will fall due during such year on bonds then outstanding and unpaid and shall maintain or hold in the Water Development Administration and Bond Sinking Fund sufficient moneys to pay such maturing obligations. [1977 c.246 §§23,26]

Source: Section 541.800 — Payment of bond principal and interest from Water Development Administration and Bond Sinking Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 536.026 — OR Code / Title 45 / Chapter 536 / Section 536.026
536.026 Powers of Water Resources Commission
Status: in_force

(1) The Water Resources Commission, its members or a person designated by and acting for the commission may:

(a) Conduct public hearings.

(b) Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the commission.

(c) Administer oaths.

(d) Take or cause to be taken depositions and receive such pertinent and relevant proof as may be considered necessary or proper to carry out duties of the commission and Water Resources Department under ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability) , 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.

(2) Subpoenas authorized by this section may be served by any person authorized by the person issuing the subpoena. Witnesses who are subpoenaed shall receive the fees and mileage provided in ORS 44.415 (Fees and mileage of witnesses) (2). [Formerly 536.029]

Source: Section 536.026 — Powers of Water Resources Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 554.084 — OR Code / Title 45 / Chapter 554 / Section 554.084
554.084 Change of registered office or registered agent
Status: in_force

(1) A corporation may change its registered office or registered agent by delivering to the Office of the Secretary of State for filing a statement of change that sets forth:

(a) The name of the corporation;

(b) If the registered office is to be changed, the address including street and number of the new registered office;

(c) If the registered agent is to be changed, the name of the new registered agent and that the new agent has consented to the appointment; and

(d) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.

(2) If a registered agent changes the street address of the agent’s business office, the registered agent shall change the street address of the registered office of the corporation for which the agent is the registered agent by notifying the corporation in writing of the change and signing, either manually or in facsimile, and delivering to the Office of the Secretary of State a statement that complies with the requirements of subsection (1) of this section and recites that the corporation has been notified of the change.

(3) The filing of the statement by the Secretary of State shall terminate the existing registered office or agent, or both, on the effective date of the filing and establish the newly appointed registered office or agent, or both, as that of the corporation. [1993 c.190 §20]

Source: Section 554.084 — Change of registered office or registered agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 541.720 — OR Code / Title 45 / Chapter 541 / Section 541.720
541.720 Conditions for project application approval
Status: in_force

The Water Resources Commission may approve the financing for the construction of a water development project described in an application filed as provided in ORS 541.705 (Project applications) using moneys in the Water Development Fund, secured by a first, parity or second lien in the manner provided in ORS 541.740 (Liens and other loan security) , if, after investigation, the commission finds that:

(1) The proposed water development project is feasible and a reasonable risk from practical and economic standpoints;

(2) The plan for the construction, operation and maintenance of the proposed water development project is satisfactory and, if the primary purposes of the project include irrigation or drainage, the agricultural potential is confirmed;

(3) The plan for construction and operation will provide multipurpose facilities, to the extent practicable;

(4) The applicant is a qualified, credit-worthy and responsible water developer and is willing and able to enter into a contract with the commission for construction and repayment as provided in ORS 541.730 (Loan contract) ;

(5) Moneys in the Water Development Fund are or will be available for the construction of the proposed water development project;

(6) There is a need for the proposed water development project, the proposed project is in the public interest and the applicant’s financial resources are adequate to provide the working capital needed to operate and maintain the project; and

(7) The construction cost associated with any secondary use does not exceed the construction cost of the primary use of the water development project. [1977 c.246 §5; 1981 c.166 §2; 1981 c.592 §3; 1985 c.673 §115; 1999 c.212 §2; 2009 c.907 §§6,37; 2013 c.784 §34]

Source: Section 541.720 — Conditions for project application approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 539.040 — OR Code / Title 45 / Chapter 539 / Section 539.040
539.040 Notice of hearing by director
Status: in_force

(1) As soon as practicable after the examination and measurements are completed, as described in ORS 539.120 (Examination by director of stream and diversions in contest) , the Water Resources Director shall prepare a notice setting forth a place and time certain when the director or the authorized assistant of the director shall begin taking testimony as to the rights of the various claimants to the use of the waters of the stream or its tributaries. The notice shall be published in two issues of one or more newspapers having general circulation in the counties in which the stream is situated, the last publication of the notice to be at least 30 days prior to the beginning of taking testimony by the director or the authorized assistant of the director.

(2) The director shall also send by registered mail or by certified mail with return receipt to each claimant or owner who filed with the director a registration statement as provided in ORS 539.240 (Claim to undetermined right to appropriate surface water) and to the Attorney General of the United States or the designated representative of the Attorney General of the United States, on behalf of the United States and its agencies and as trustee for the Indian tribes, a notice similar to that provided in subsection (1) of this section setting forth the date when the director or the authorized assistant of the director will take testimony as to the rights to the use of the water of the stream. The notice must be mailed at least 30 days prior to the date set therein for taking testimony.

(3) Intentionally left blank —Ed.

(a) For purposes of the Klamath Basin adjudication, the Water Resources Department will provide notice, substantially like that specified in subsection (2) of this section, to claimants or owners who desire to claim a water right under this chapter, or to contest the claims of others, and have so notified the director. The notice shall be accompanied by a blank form on which the claimant or owner shall present in writing all of the particulars necessary for determination of the right of the claimant or owner to contest the claims of others or to the use of the waters of a stream to which the claimant or owner lays claim. That form shall require substantially the same information required in a registration statement, as provided in ORS 539.240 (Claim to undetermined right to appropriate surface water) (2), except that the map need not be prepared by a certified water right examiner, as required by ORS 539.240 (Claim to undetermined right to appropriate surface water) (2)(d).

(b) In the already adjudicated areas of the Klamath Basin, the notice provided to holders of permitted or certificated surface water rights acquired under ORS chapter 537 will specify that they may contest the statement and proof of claims of others made under this chapter, but only in the unadjudicated areas of the Klamath Basin. [Amended by 1955 c.669 §2; 1987 c.541 §9; 1989 c.691 §7; 1991 c.249 §45; 1993 c.157 §2; 2013 c.1 §77]

Source: Section 539.040 — Notice of hearing by director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 545.241 — OR Code / Title 45 / Chapter 545 / Section 545.241
545.241 Bond or other security as condition of immediate possession in condemnation by irrigation or drainage district
Status: in_force

Prior to any party, officer or agent of an irrigation or drainage district entering upon any land sought to be condemned, the district shall furnish to the landowner an undertaking, either by surety bond, personal bond, cash or other security, in an amount sufficient to indemnify the landowner for the value of the land sought to be condemned, together with all costs and attorney fees to which the landowner may be entitled. This undertaking shall be conditioned so that the district shall pay to the owner all damages, costs and attorney fees that the owner may suffer by reason of the entry, or which may be awarded to the owner by a jury upon a trial of the cause. [Formerly 545.084]

Source: Section 545.241 — Bond or other security as condition of immediate possession in condemnation by irrigation or drainage district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).