ORS § 543.765 — OR Code / Title 45 / Chapter 543 / Section 543.765
543.765 Certificate to use water for hydroelectric purposes within artificial delivery system
Status: in_force

(1) Notwithstanding ORS 537.145 (Notice of filing of application to appropriate water for hydroelectric purposes) and ORS chapter 543:

(a) The holder of a water right may apply to the Water Resources Department for a certificate to use water for hydroelectric purposes within an artificial delivery system under the applicant’s existing water right.

(b) A municipal corporation or people’s utility district, as defined in ORS 261.010 (Definitions) , may apply to the department for a certificate to use water for hydroelectric purposes within a piped conduit in an artificial delivery system that is delivering water for municipal uses even if the municipal corporation or people’s utility district is not the holder of the underlying municipal water right, if the municipal corporation or people’s utility district obtains from the holder of the underlying municipal water right, and provides to the department with the application, a written statement authorizing the municipal corporation or people’s utility district to use the water for hydroelectric purposes.

(2) If the proposed hydroelectric project meets the applicable capacity limitation under this subsection and meets either the qualifications for a Federal Energy Regulatory Commission exemption from licensing or similar qualifications of another federal agency responsible for authorizing the project, the applicant may use the expedited application process under this section regardless of which federal agency issues the authorization. To qualify under this subsection:

(a) For a project that is to be built as part of an existing dam, the capacity may not exceed five megawatts. Subsection (6)(b) of this section does not apply to a project described in this paragraph.

(b) For in-conduit projects, the capacity may not exceed 15 megawatts for a nonmunicipal facility or 40 megawatts for a municipal facility. Projects described in this paragraph must comply with subsection (6)(b) of this section.

(3) An application, which shall be on a form provided by the Water Resources Department, for a hydroelectric certificate under this section must include:

(a) The certificate number, or decree reference if no confirming certificate has been issued, of the applicant’s existing water right, or the underlying water right, associated with the proposed hydroelectric project.

(b) A copy of either a Federal Energy Regulatory Commission exemption application or a similar application submitted to the federal agency responsible for authorizing the project, if applicable.

(c) A proposed schedule of annual water use and an estimate of the maximum power generation of the proposed hydroelectric project.

(d) A statement by the applicant that the amount of water used by the proposed hydroelectric project will not exceed the amount authorized and used under the applicant’s existing water right, or the underlying water right, for beneficial use without waste.

(e) A statement that the applicant owns or otherwise controls the water conveyance system.

(f) An application processing fee of $500. The department shall deposit fees collected under this section into the Water Resources Department Hydroelectric Fund established pursuant to ORS 536.015 (Water Resources Department Hydroelectric Fund) .

(g) A map or drawing and all other data concerning the proposed hydroelectric project, as may be prescribed by the department. The map or drawing must be of sufficient quality and scale to establish the location of the existing point of diversion and the proposed location of the hydroelectric project.

(h) If the water to be used for the proposed hydroelectric project is delivered by a public entity other than the applicant for a certificate under this section, a statement from that entity that the entity will be able to deliver water as described in the application.

(i) Evidence that the water has been used over the past five years according to the terms and conditions of the applicant’s existing water right, or the underlying water right, described in paragraph (a) of this subsection.

(4) If an applicant provides the information required by subsection (3) of this section:

(a) The Water Resources Department shall provide notice to both the State Department of Fish and Wildlife and the public, and provide a 30-day period for public comment.

(b) The Water Resources Department may issue a final order and certificate to use water for hydroelectric purposes upon making a final determination that the proposed hydroelectric use does not impair, or is not detrimental to, the public interest in the manner provided in ORS 537.170 (Contested case hearing on application) (8).

(5) If the Water Resources Department determines that public interest issues have been identified, the department shall issue a final order denying the application. The department shall also issue a final order denying the application if the department identifies issues related to the public interest. If the applicant does not appeal the final order as provided in ORS chapter 183 and, within one year of the department’s final order denying the applicant’s application, files an application with the department for a preliminary permit to operate a hydroelectric project as provided in ORS 537.130 (Permit to appropriate water required) and 543.210 (Preliminary permits) , the applicant shall receive a credit toward the applicant’s application fees in the amount of $500.

(6) At a minimum, a certificate issued under this section must contain the following conditions:

(a) Except as provided in paragraph (b) of this subsection, fish screens, by-pass devices and fish passages as required by the State Department of Fish and Wildlife.

(b) If the application is for a hydroelectric project that is to be installed in or on a conduit delivery system, the certificate does not need to include a requirement for fish passage at the diversion point for the conduit delivery system if:

(A) The hydroelectric generating equipment for the project is not located on a dam;

(B) The hydroelectric generating equipment for the project is installed within or at the end of a conduit delivery system;

(C) The conduit delivery system is operated for the distribution of water for agricultural, municipal or industrial consumption; and

(D) Except as provided in subsection (16) of this section, the certificate includes a condition for the making of annual payments under subsection (15) of this section.

(c) That use of water be limited to periods when the applicant’s existing water right, or the underlying water right, is put to beneficial use without waste and that the amount used is not greater than the quantity of water diverted to satisfy the authorized specific use under the existing water right, or the underlying water right, described in subsection (3)(a) of this section.

(d) That use of water be limited by rate, duty, season and any other limitations of the applicant’s existing water right, or the underlying water right, described in subsection (3)(a) of this section.

(e) That the applicant measure and report the quantity of water diverted.

(f) That the restrictions established in ORS 543.660 (Authority of district to enlarge or modify water system and power generating facilities) shall apply as conditions of use to a certificate issued under this section to a district as defined in ORS 543.655 (Definitions for ORS 543.650 to 543.685) .

(g) That a certificate issued under this section shall be invalidated upon a change in the point of diversion of the existing water right, or the underlying water right, described in subsection (3)(a) of this section.

(h) That the right to use water under a certificate issued under this section is invalidated if the federal exemption or authorization related to the certificate is canceled or invalidated.

(i) Any other conditions the Water Resources Department deems necessary to protect the public interest.

(7) The Water Resources Department shall conduct a review of certificates issued under this section and shall issue a final order and a superseding certificate that corresponds to any changes or adjustments made to the applicant’s existing water right, or the underlying water right, described in subsection (3)(a) of this section.

(8) Subsection (6)(b) of this section does not affect any requirement for fish passage applicable to a project that is otherwise required by law.

(9) Upon request, the State Department of Fish and Wildlife and the Water Resources Department shall arrange a preapplication meeting with a person to discuss the requirements associated with the installation of a hydroelectric project in an artificial delivery system.

(10) A certificate issued under this section may not have its own priority date. The Water Resources Department may not regulate for or against any certificate issued under this section based on the priority date of the certificate.

(11) A certificate issued under this section does not grant a right to divert water for hydroelectric purposes.

(12) A certificate issued under this section may not be included in the determination of injury to other water rights pursuant to ORS chapter 540.

(13) A certificate issued under this section is subject to review 50 years after the date of issuance and pursuant to the terms described in this section.

(14) Failure to fully develop and put to use a certificate issued under this section within five years of issuance invalidates the hydroelectric certificate.

(15) Intentionally left blank —Ed.

(a) If a certificate contains a condition described in subsection (6)(b) of this section for annual payments, the payment shall be collected as provided in paragraph (c) of this subsection. Except as provided in paragraph (b) of this subsection, the annual payment amount must be:

(A) Except as provided in subparagraph (D) of this paragraph, for the first five years, four times the base hydropower fee amount assessed for the project under ORS 543.078 (Annual fee for hydroelectric project) for the year.

(B) Except as provided in subparagraph (D) of this paragraph, for the 6th through 10th years, eight times the base hydropower fee amount assessed for the project under ORS 543.078 (Annual fee for hydroelectric project) for the year.

(C) Except as provided in subparagraph (D) of this paragraph, after the 10th year, 15 times the base hydropower fee amount assessed for the project under ORS 543.078 (Annual fee for hydroelectric project) for the year.

(D) $100 for any year in which the base hydropower fee amount assessed for the project under ORS 543.078 (Annual fee for hydroelectric project) is less than $100.

(b) If the certificate is for a hydroelectric project that will operate on a partial-year basis, the fee shall be three-fifths of the amount established in paragraph (a) of this subsection.

(c) The Water Resources Department shall collect the fee on behalf of the State Department of Fish and Wildlife and forward the fee moneys for crediting to the Fish Passage Restoration Subaccount created under ORS 497.141 (Fish Passage Restoration Subaccount) .

(16) Intentionally left blank —Ed.

(a) Notwithstanding subsection (15) of this section, a certificate for a project to install hydroelectric generating equipment as described in subsection (6)(b) of this section may provide for the termination of annual payments being made under subsection (15) of this section if, after the date the project commences operation:

(A) The project provides for fish passages;

(B) There is an agreement between the applicant and the State Department of Fish and Wildlife providing for fish passages associated with the project; or

(C) A waiver or exemption has been issued under ORS 509.585 (Fish passage required for artificial obstructions) for the project.

(b) A certificate for a project to install hydroelectric generating equipment as described in subsection (6)(b) of this section does not need to include a condition for the making of annual payments under subsection (15) of this section if:

(A) There is an agreement between the applicant and the State Department of Fish and Wildlife providing for the conduit delivery system to have fish passages associated with the project; or

(B) A waiver or exemption has been issued under ORS 509.585 (Fish passage required for artificial obstructions) for the project.

(17) If a certificate under this section is issued, the certificate holder must pay fees consistent with the fees described in ORS 543.078 (Annual fee for hydroelectric project) . Failure to pay a required fee invalidates a certificate issued under this section.

(18) The Water Resources Department shall issue invoices for fees required under this section, and the state shall have a preference lien for delinquent fees, as provided in ORS 543.082 (Invoice for fees) .

(19) An applicant for a certificate issued under this section must provide evidence of a Federal Energy Regulatory Commission exemption or approval under a similar process by the federal agency responsible for authorizing the project before a certificate can be issued, if applicable.

(20) Nothing in this section shall alter the preference of municipalities in ORS 543.260 (Licenses) (3) and 543.270 (Preference in granting permit or license) . [2007 c.657 §2; 2013 c.674 §4; 2023 c.49 §1]

Note: Section 2, chapter 49, Oregon Laws 2023, provides:

Sec. 2. On or before December 31, 2024, to implement the amendments to ORS 543.765 (Certificate to use water for hydroelectric purposes within artificial delivery system) by section 1 of this 2023 Act, the Water Resources Department may amend OAR 690-051-0050 (5)(b), if needed, to require that a municipal corporation or people’s utility district that applies for a certificate to use water for hydroelectric purposes within an artificial delivery system as described in ORS 543.765 (Certificate to use water for hydroelectric purposes within artificial delivery system) (1)(b) must provide the department with a written statement from the holder of the underlying water right authorizing the municipal corporation or people’s utility district to use the water for hydroelectric purposes. [2023 c.49 §2]

Note: See note under 543.760 (Definition of water right) .

Source: Section 543.765 — Certificate to use water for hydroelectric purposes within artificial delivery system; expedited application process; certificate conditions; annual payments; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 537.097 — OR Code / Title 45 / Chapter 537 / Section 537.097
537.097 Verification of land ownership
Status: in_force

(1) As the Water Resources Commission updates its water right and permit records with current land ownership information from county records or other sources, the commission shall request the person shown in those updated records to verify that the person owns the land to which a water right or permit is appurtenant.

(2) Any person receiving a request under subsection (1) of this section shall return the verification within 120 days.

(3) Except as provided in subsection (4) of this section, the commission shall request verification from all persons shown in updated water right and permit records on or before July 1, 1992.

(4) If the commission considers verification unnecessary for any water right perfected, transferred or adjudicated after July 16, 1987, the commission need not request verification of that water right or permit. [1987 c.649 §2]

Source: Section 537.097 — Verification of land ownership; time limits; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.923 — OR Code / Title 45 / Chapter 541 / Section 541.923
541.923 Watershed management program
Status: in_force

(1) The Oregon Watershed Enhancement Board shall initiate a watershed management program that relies on the establishment of voluntary local watershed councils comprised of residents, state and federal agency staff, members of federally recognized Indian tribes and other citizens interested in the management of watersheds and that provides for the development by these partnerships of local plans that may include but are not limited to the assessment of the watershed condition, the creation of a watershed action plan and a strategy for implementing the action plan. The program shall focus state resources on the achievement of sustainable watershed health, including funding major projects that contribute to the overall health of a watershed. In addition, the board shall fund smaller, voluntary projects for watershed enhancement and for restoration of riparian areas and associated uplands.

(2) In carrying out the program under subsection (1) of this section, the board may designate high priority watersheds. However, the designation of high priority watersheds is intended only as a management tool for state agencies in allocating resources to support coordinated watershed management activities. Such designation is not intended to establish or confer any right, duty or authority, nor to have any legal significance beyond that described in this section, nor to discourage or prohibit the formation and function of voluntary local watershed councils in other watersheds.

(3) The elected officials representing the appropriate local government groups containing or within a proposed watershed council area shall determine whether to participate in the voluntary formation of a local watershed council. When multiple local government groups are involved within an area that would be served by a watershed council, the affected local government groups shall together determine their respective roles and the appropriate method for appointing members to a local watershed council. [Formerly 541.384]

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

Source: Section 541.923 — Watershed management program; project funding; high priority watersheds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.895 — OR Code / Title 45 / Chapter 537 / Section 537.895
537.895 Water Resources Department Geotechnical Fund
Status: in_force

(1) The Water Resources Department Geotechnical Fund is established in the State Treasury, separate and distinct from the General Fund.

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

(a) Recording fees paid under ORS 537.890 (Report form) ; and

(b) All moneys from gifts, grants or appropriations to the fund.

(3) Moneys in the Water Resources Department Geotechnical Fund are continuously appropriated to the Water Resources Department for department duties, functions and powers related to geotechnical holes. [2009 c.767 §5]

Source: Section 537.895 — Water Resources Department Geotechnical Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 558.140 — OR Code / Title 45 / Chapter 558 / Section 558.140
558.140 Appropriation for administration and enforcement
Status: in_force

All moneys received by the State Department of Agriculture under ORS 558.010 (Definitions for ORS 558.010 to 558.140) to 558.140 (Appropriation for administration and enforcement) , in addition to any other appropriation of funds available for the administration of ORS 558.010 (Definitions for ORS 558.010 to 558.140) to 558.140 (Appropriation for administration and enforcement) , hereby are continuously appropriated to the department for the purpose of defraying the costs and expenses incurred in the administration and enforcement of ORS 558.010 (Definitions for ORS 558.010 to 558.140) to 558.140 (Appropriation for administration and enforcement) . [1955 c.61 §3]

Source: Section 558.140 — Appropriation for administration and enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 545.517 — OR Code / Title 45 / Chapter 545 / Section 545.517
545.517 Bonds securing payments to United States
Status: in_force

The contract provisions for the payment of construction charges to the United States may call for the payment of such interest, may provide for such installments and may provide for repayment of the principal at such times, as may be required by the federal laws and as may be agreed upon between the board and the Secretary of the Interior. If bonds of the district are issued and deposited for the purpose of securing payment of construction charges to the United States, the bonds may be of such denomination and may provide for the payment of such interest as may be required by the federal laws and as may be agreed upon between the board and the Secretary of the Interior. [Formerly 545.198]

Source: Section 545.517 — Bonds securing payments to United States , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.480 — OR Code / Title 45 / Chapter 537 / Section 537.480
537.480 Rules
Status: in_force

The Water Resources Commission shall adopt rules and standards necessary to carry out the provisions of ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) . The rules may include formulas or other criteria for evaluating the effects of allocation of water on existing rights and for determining whether, and to what extent, mitigation shall be required. [1987 c.264 §6; 1993 c.641 §5]

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

Source: Section 537.480 — Rules; criteria for evaluating allocation and determining mitigation required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.327 — OR Code / Title 45 / Chapter 541 / Section 541.327
541.327 Failure or refusal of district to act
Status: in_force

(1) If a district fails or refuses to act under ORS 541.329 (Petition for approval of district map) and 541.331 (Protest against approval of petition) , the owner of land with an appurtenant water right within a district and subject to assessment by the district may transfer the use or place of use of the water right on or before July 1, 1994, pursuant to ORS 541.333 (Application for change of place of use, point of diversion or use) . An owner transferring the use or place of use under this subsection shall comply with ORS 536.050 (Fees) .

(2) If the owners of land within a quarter quarter of a section in a district agree as to the use and place of use of all water rights in the quarter quarter of the section subject to assessment by the district, the owners may jointly submit an application, without the fees required under ORS 536.050 (Fees) , to the Water Resources Department to conform the department’s records to the present usage within the quarter quarter of a section. The application must be filed in accordance with ORS 541.333 (Application for change of place of use, point of diversion or use) on or before July 1, 1994.

(3) The district or users within a district authorized to participate in the process described under ORS 541.325 (Definitions for ORS 541.327 to 541.333) to 541.333 (Application for change of place of use, point of diversion or use) shall be limited to those districts or users who have notified the department on or before July 1, 1993, of their intention to submit a petition.

(4) Notwithstanding subsection (3) of this section, the Walla Walla River Irrigation District, or its successor district formed under ORS chapter 545 and created after July 1, 1994, may participate in the process described under ORS 541.325 (Definitions for ORS 541.327 to 541.333) to 541.333 (Application for change of place of use, point of diversion or use) if the district notifies the department on or before June 30, 2004. [1989 c.1000 §2; 1991 c.957 §12; 1993 c.818 §2; 1995 c.554 §5; 2003 c.691 §1]

Note: See note under 541.325 (Definitions for ORS 541.327 to 541.333) .

Source: Section 541.327 — Failure or refusal of district to act; joint applications; eligible participants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.988 — OR Code / Title 45 / Chapter 541 / Section 541.988
541.988 Commission rules
Status: in_force

(1) In accordance with applicable provisions of ORS chapter 183, the Oregon Agricultural Heritage Commission may adopt rules necessary for the administration of the laws that the commission is charged with administering.

(2) The commission may establish any advisory or technical committee the commission considers necessary to aid and advise the commission in the performance of its functions. The committees may be continuing or temporary committees. The commission shall determine the representation, membership, terms and organization of the committees and shall appoint the members of the committees. The commission chairperson shall be a nonvoting member of each committee.

(3) Members of advisory or technical committees established by the commission are not entitled to compensation but, at the discretion of the commission and with the consent of the Oregon Watershed Enhancement Board, may be reimbursed from funds available to the board for actual and necessary travel and other expenses incurred by the members in the performance of official duties in the manner and amount provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . [2017 c.716 §9]

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

Source: Section 541.988 — Commission rules; advisory or technical committees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.440 — OR Code / Title 45 / Chapter 540 / Section 540.440
540.440 Owner to clear weeds from ditch right of way
Status: in_force

All persons owning or controlling any water ditches shall keep their right of way along the ditches clean and free from wild oats, mustard, thistles, or any weeds or noxious grasses whatsoever. [Amended by 2011 c.9 §73]

Source: Section 540.440 — Owner to clear weeds from ditch right of way , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.173 — OR Code / Title 45 / Chapter 537 / Section 537.173
537.173 Exceptions to final order
Status: in_force

(1) Within 20 days after the Water Resources Director issues a final order under ORS 537.170 (Contested case hearing on application) after the conclusion of a contested case hearing, any party may file exceptions to the order with the Water Resources Commission.

(2) The commission shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period under subsection (1) of this section. [1995 c.416 §14]

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

Source: Section 537.173 — Exceptions to final order; modified order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.663 — OR Code / Title 45 / Chapter 541 / Section 541.663
541.663 Preapplication conferences
Status: in_force

(1) A prospective applicant for a loan or grant from the Water Supply Development Account may participate in a preapplication conference with the Water Resources Department.

(2) At the preapplication conference, the department shall inform the prospective applicant of the procedural and substantive requirements of a loan or grant application and of the scoring system used to evaluate loan and grant requests. The department shall assist the prospective applicant by identifying known issues that may affect project eligibility for a loan or grant from the account.

(3) Not less than 14 days before the preapplication conference, the prospective applicant must provide the department with adequate project information to prepare for the preapplication conference.

(4) The prospective applicant may request additional preapplication consultation with the department. [2013 c.784 §5]

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

Source: Section 541.663 — Preapplication conferences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.001 — OR Code / Title 45 / Chapter 545 / Section 545.001
545.001 Short title
Status: in_force

This chapter may be referred to as the Irrigation District Law. [1995 c.42 §1]

Source: Section 545.001 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.120 — OR Code / Title 45 / Chapter 541 / Section 541.120
541.120 Ditches and canals through lands
Status: in_force

No tract or parcel of improved or occupied land in this state shall, without the written consent of the owner, be subjected to the burden of two or more ditches, canals, flumes or pipelines constructed under the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the purpose of conveying water through the property, when the same object can be feasibly and practically attained by uniting and conveying all the water necessary to be conveyed through such property in one ditch, canal, flume or pipeline. Any person having constructed a ditch, canal, flume or pipeline for the purpose provided in the Act of 1899 shall allow any other person to enlarge such ditch, canal, flume or pipeline, so as not to interfere with the operations of the person owning the same, and to use such ditch, canal, flume or pipeline in common with the person owning the same, upon payment to such person of a reasonable proportion of the cost of constructing and maintaining the ditch, canal, flume or pipeline. Such persons shall be jointly liable to any person damaged.

Source: Section 541.120 — Ditches and canals through lands; use of existing ditch by others than owner; joint liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 552.630 — OR Code / Title 45 / Chapter 552 / Section 552.630
552.630 Service and user charges
Status: in_force

(1) For the purpose of paying the costs of operation and maintenance of district works constructed under this chapter, the district board may by ordinance:

(a) Impose and collect service charges on the owners or occupants of property served by the works of the district.

(b) Impose and collect user charges, fees and tolls for use of works, facilities and services of the district.

(2) Service or user charges shall be based on the cost of operation, maintenance and administration of the works, facilities or service. [1969 c.606 §45; 1991 c.459 §428c]

Source: Section 552.630 — Service and user charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 549.140 — OR Code / Title 45 / Chapter 549 / Section 549.140
549.140 Duties of commissioners
Status: in_force

The commissioners shall proceed to locate and mark out the route of the ditch so as to do the least damage to the lands the ditch passes through, or to designate the location, character and extent of the work to be done in straightening the bed or building up the banks of the stream, and shall at the same time assess the damages sustained by the person owning the land.

Source: Section 549.140 — Duties of commissioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 540.580 — OR Code / Title 45 / Chapter 540 / Section 540.580
540.580 Permanent transfer of place of use of water within district
Status: in_force

(1) In accordance with this section, a district may by petition request that the Water Resources Department approve the permanent transfer of the place of use of water within a district as long as the proposed transfer complies with all of the following:

(a) The rate, duty and total number of acres to which water is to be applied under the water use subject to transfer are not exceeded;

(b) The use authorized under the water use subject to transfer remains the same;

(c) The change in place of use will not result in injury to any existing water right; and

(d) The land from which the water right is removed by the transfer shall receive no water under the transferred right.

(2) A district may submit a petition for a permanent transfer prior to or subsequent to the change in place of use, but no later than the end of the calendar year in which the change occurs. The petition submitted by the district may include an unlimited number of transfers within the same petition. A petition under this section shall:

(a) Include the information required under ORS 540.574 (Petition for approval of transfer) (3), except for the statement that a notice under ORS 540.572 (Application of certificated water elsewhere within district) (2) has been given;

(b) Be accompanied by a map in a form satisfactory to the department and certified by the district. If the water right is on a tract of land of five acres or less, the assessor’s tax map with a notation of the acres of water right shall be sufficient for identification of the tract and place of use;

(c) Include a statement that each landowner affected by a permanent transfer has authorized the transfer in a writing that is on file with the district;

(d) Include any other information required by rules of the Water Resources Commission; and

(e) Include the fee required under ORS 536.050 (Fees) (1)(h) for a change in the place of use.

(3) If a district allows a change in the place of use of water before obtaining the approval of the department, the district shall:

(a) Notify each affected landowner that the change is subject to the approval of the department and that the department may reject the transfer or may require mitigation to avoid injury to other water right holders; and

(b) Notify the department in advance of the change. The notice shall include:

(A) The name of the district and the certificate number of each water right that is the subject of the change;

(B) The names of the users within the district from whose lands and to whose lands water rights are to be transferred;

(C) A general description of the users’ lands by township, range, quarter quarter section and tax lot number, and of the water right, for each parcel from which and to which water rights are to be transferred; and

(D) A description of the use that is proposed to be made of the water on each parcel.

(4) Upon receipt of the notice required under subsection (3)(b) of this section, the department shall provide public notice in the weekly notice published by the department.

(5) If a district allows a change in the place of use of water before obtaining approval of the department under this section, the department may direct the district to cease delivery of water or mitigate injury where the change in place of use is causing injury to an existing water right.

(6) Within 15 days after the filing of a petition under subsection (2) of this section, the department shall include notice of the petition in the weekly notice published by the department. Within 30 days after the mailing of the department’s weekly notice, any potentially affected holder of an existing water right may file, jointly or severally, with the department, a protest against approval of the petition.

(7) Subject to the provisions of subsection (8) of this section, whenever a timely protest is filed, or in the opinion of the Water Resources Director a hearing is necessary to determine whether the proposed changes as described in the petition would result in injury to existing water rights, the department may hold a hearing on the petition. Notice and conduct of the hearing shall be according to the provisions of ORS chapter 183 pertaining to contested cases, shall be scheduled within 45 days after the filing of the petition, and shall be held in the area where the rights are located unless all parties and persons who filed a protest under this subsection stipulate otherwise.

(8) If a water user within the district files a protest claiming injury to a water right delivery by the district, no contested case hearing shall be required, but the district shall resolve the matter directly with the water user.

(9) After examination or hearing, the department shall issue an order approving the transfer if the proposed change can be effected without injury to existing water rights. If no hearing is scheduled under subsection (7) of this section, the order of the department shall be issued within 90 days after the date of the filing of the petition. If the proposed change cannot be effected without injury to existing water rights, the department may condition approval, including requiring mitigation of the effects on other water rights, to the extent necessary to avoid injury. If a hearing is scheduled, the department shall issue a final order within 120 days after scheduling the hearing.

(10) Within 20 days after the director issues a final order under this section, the district or any protestant may file with the commission exceptions to the final order. The commission shall issue an order granting or denying the exceptions within 30 days after receiving the exceptions.

(11) If a certificate covering the water right has been previously issued, the department may amend the certificate or may cancel the certificate and issue a new 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. A certificate as amended or issued under this section has the evidentiary effect provided for in ORS 537.270 (Conclusiveness of certificate) as to the new lands except when the right to appropriate water described in the certificate is abandoned after the certificate is amended or issued.

(12) Notwithstanding the provisions of subsection (2) of this section, a petition filed on or before December 31, 1996, may include all changes in place of use allowed by a district after July 1, 1992, and before November 30, 1996. [1995 c.554 §2; 1997 c.587 §13; 1999 c.804 §2; 2001 c.788 §§5,11]

Source: Section 540.580 — Permanent transfer of place of use of water within district; requirements; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 537.635 — OR Code / Title 45 / Chapter 537 / Section 537.635
537.635 Assignment of application, certificate of registration or permit
Status: in_force

(1) Any certificate of registration issued under ORS 537.610 (Recording registration statement) or permit issued under ORS 537.625 (Final order) may be assigned, subject to the conditions of the certificate of registration or permit, but no such assignment shall be binding, except upon the parties to the assignment, unless filed for record in the Water Resources Department.

(2) An assignment of an application filed under ORS 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water) or a permit issued under ORS 537.625 (Final order) and filed for record with the Water Resources Department shall identify the current record owners of all property described in the application or permit. The assignor shall furnish proof acceptable to the department that notice of the assignment has been given or attempted for each identified property owner not a party to the assignment. [1955 c.708 §13; 1985 c.673 §59; 1995 c.367 §4]

Source: Section 537.635 — Assignment of application, certificate of registration or permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543a.015 — OR Code / Title 45 / Chapter 543a / Section 543a.015
543A.015 Purpose
Status: in_force

It is the purpose 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) to establish a process for developing a coordinated state position to be reflected in governmental proceedings related to the reauthorization of existing hydroelectric facilities. The coordinated state position shall be reflected in state decisions, including but not limited to decisions relating to the allocation of water, certification of water quality and other state regulatory actions, as well as in state comments on federal actions, including relicensing by the Federal Energy Regulatory Commission. [1997 c.449 §3]

Source: Section 543A.015 — Purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 536.017 — OR Code / Title 45 / Chapter 536 / Section 536.017
536.017 Records of expenditures from Water Resources Department Hydroelectric Fund
Status: in_force

The Water Resources Commission and the State Department of Fish and Wildlife shall maintain records of expenditures from the Water Resources Department Hydroelectric Fund established under ORS 536.015 (Water Resources Department Hydroelectric Fund) . The records shall account for costs imposed against specific operating hydroelectric projects and against projects in the process of obtaining a state or federal hydroelectric permit, certificate or license. [1991 c.869 §13]

Note: 536.017 (Records of expenditures from Water Resources Department Hydroelectric Fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 536.017 — Records of expenditures from Water Resources Department Hydroelectric Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 540.452 — OR Code / Title 45 / Chapter 540 / Section 540.452
540.452 Removal plan approval
Status: in_force

(1) An owner seeking to remove a dam that has a significant hazard rating or high hazard rating must notify the Water Resources Department. The owner shall provide the department with a removal plan sufficiently in advance of the removal to allow the department reasonable time for evaluating the plan. The department may evaluate the removal plan to ensure that the plan includes appropriate safety precautions to protect life, property and public infrastructure from temporary inundation in the area below the dam during dam removal. The department may require modification of the removal plan or require that the work performed under the plan be supervised by an engineer to the extent the department concludes is necessary to protect life, property or public infrastructure from temporary inundation during dam removal. If the department requires modification of a dam removal plan or requires that the work be supervised by an engineer, the department shall provide the owner with an opportunity to meet with the department.

(2) A person may not perform removal work on a dam that has a significant hazard rating or high hazard rating except as provided in subsection (1) of this section. [2019 c.390 §5]

Source: Section 540.452 — Removal plan approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.017 — OR Code / Title 45 / Chapter 543 / Section 543.017
543.017 Minimum standards for development of hydroelectric power
Status: in_force

(1) In order to carry out the policy set forth in ORS 543.015 (Policy) , the following minimum standards shall apply to any action of the Water Resources Commission relating to the development of hydroelectric power in Oregon:

(a) The anadromous salmon and steelhead resources of Oregon shall be preserved. The commission shall not approve activity that may result in mortality or injury to anadromous salmon and steelhead resources or loss of natural habitat of any anadromous salmon and steelhead resources except when an applicant proposes to modify an existing facility or project in such a manner that can be shown to restore, enhance or improve anadromous fish populations within that river system.

(b) Any activity related to hydroelectric development shall be consistent with the provisions of the Columbia River Basin Fish and Wildlife Program providing for the protection, mitigation and enhancement of the fish and wildlife resources of the region as adopted by the Pacific Northwest Electric Power and Conservation Planning Council pursuant to Public Law 96-501.

(c) Except as provided in this paragraph, no activity may be approved that results in a net loss of wild game fish or recreational opportunities. If a proposed activity may result in a net loss of any of the above resources, the commission may allow mitigation if the commission finds the proposed mitigation in the project vicinity is acceptable. Proposed mitigation that may result in a wild game fish population, or the fishery the wild game fish population provides, being converted to a hatchery dependent resource is not acceptable mitigation. A water dependent recreational opportunity must be mitigated by another water dependent recreational opportunity. Mitigation of water dependent recreational opportunities that, in the judgment of the commission, are of statewide significance with a recreational opportunity that is readily available on other waters of this state is not acceptable mitigation. In deciding whether mitigation is acceptable, the commission shall consult with other local, state and federal agencies.

(d) Other natural resources in the project vicinity, including water quality, wildlife, scenic and aesthetic values, and historic, cultural and archaeological sites, shall be maintained or enhanced. No activity may be approved that, in the judgment of the commission after balancing gains and losses to all affected natural resources, may result in a net loss of natural resources. In determining whether the proposed activity may result in a net loss of natural resources, the commission may consider mitigation if the commission determines the proposed mitigation in the project vicinity is acceptable. Mitigation may include appropriate measures considered necessary to meet the net loss standard. In determining whether mitigation is acceptable, the commission shall consult with appropriate state, federal and local agencies.

(e) In determining whether it is in the public interest to allocate water for a proposed hydroelectric development, the commission shall consider present and future power needs and shall make a finding on the need for the power. For a hydroelectric project with a nominal electric generating capacity of 25 megawatts or more, the Water Resources Commission shall consider any recommendation by the Energy Facility Siting Council. The Energy Facility Siting Council’s recommendation shall be based solely on information contained in the hearing record of the Water Resources Commission. The commission’s order on the proposed hydroelectric development shall describe the Energy Facility Siting Council’s recommendations on the need for the power. If the commission’s decision on the need for power is contrary to the Energy Facility Siting Council’s recommendation, the commission’s order shall explain the commission’s failure to follow the recommendation of the Energy Facility Siting Council. The commission also shall consult with the Energy Facility Siting Council on other matters within the expertise of the Energy Facility Siting Council.

(2) The commission shall adopt all necessary rules to carry out the policy set forth in ORS 543.015 (Policy) and to implement the minimum standards set forth in subsection (1) of this section. In the absence of implementing rules, any action of the commission relating to hydroelectric development shall comply with the standards as set forth in this section.

(3) Nothing in this section limits the authority of any state agency to make recommendations regarding appropriate license conditions during the consideration of the issuance of a license or permit for an existing hydroelectric project. [1985 c.569 §3; 1993 c.544 §6; 1995 c.229 §2; 2007 c.71 §176]

Source: Section 543.017 — Minimum standards for development of hydroelectric power; public interest considerations; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 543a.110 — OR Code / Title 45 / Chapter 543a / Section 543a.110
543A.110 Water quality certification
Status: in_force

(1) Upon completion of the public comment period for proposed recommendations under ORS 543A.105 (Hydroelectric Application Review Team review of final application) (1)(d), the Department of Environmental Quality shall evaluate the request for water quality certification submitted under ORS 543A.100 (Final application for water right) in accordance with ORS 468B.040 (Certification of hydroelectric power project) and rules adopted under ORS 468B.040 (Certification of hydroelectric power project) . The Director of the Department of Environmental Quality shall act in accordance with the proposed recommendations submitted by the Hydroelectric Application Review Team under ORS 543A.105 (Hydroelectric Application Review Team review of final application) (1)(d) unless the director finds, based upon public comment or new information, that the project would not comply with water quality standards adopted by the Environmental Quality Commission or would not be consistent with other appropriate requirements of state law. If the director’s proposed decision is not in accordance with the proposed recommendations submitted by the team under ORS 543A.105 (Hydroelectric Application Review Team review of final application) (1)(d), the director shall seek a recommendation from the team before issuing a final decision on water quality certification. The director shall consider any further recommendation from the team, and issue a final certification decision to the applicant and to the team.

(2) As used in this section, “director” means the Director of the Department of Environmental Quality. [1997 c.449 §21a; 2001 c.369 §5]

Source: Section 543A.110 — Water quality certification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 553.340 — OR Code / Title 45 / Chapter 553 / Section 553.340
553.340 Determination of benefits
Status: in_force

(1) The board, with such assistance as it deems necessary, shall prepare a benefit roll and determine the benefits that will accrue to each tract of land located within a subdistrict upon the construction of the works described in the engineering plan for the subdistrict. After such determination is made each landowner shall be given written notice thereof by registered mail or by certified mail with return receipt. If the landowner does not file written objections thereto within 30 days of the date the notice is mailed, the landowner shall be deemed to have consented to the allocation of benefits to the lands of the landowner. If a landowner files objections within 30 days, the determination of the benefits that will accrue to the lands of the landowner shall be referred to a board of appraisers. A board of three appraisers shall be appointed by the court, upon the petition of the board of directors, whenever one or more landowners within the subdistrict files an objection. Each of the appraisers shall, before assuming duties, take and subscribe to an oath that the appraiser will faithfully and impartially discharge duties as an appraiser and will make a true report of all work done by the appraiser. The court may, by order, remove any appraiser at any time and shall fill all vacancies on the board of appraisers or may appoint a new board as the case may require. The appraisers shall receive such compensation as the board of directors, with the approval of the court, determines, and shall be reimbursed for the expenses they incur in the exercise of their duties.

(2) Subsection (1) of this section shall not apply if the benefits to be determined are set forth in an irrigation project contract which has been executed by the owner pursuant to ORS 553.760 (When land benefited by irrigation project) . [Amended by 1969 c.691 §6; 1991 c.249 §56]

Source: Section 553.340 — Determination of benefits; board of appraisers; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 553.635 — OR Code / Title 45 / Chapter 553 / Section 553.635
553.635 Contract provisions for payment of government construction charges
Status: in_force

The contract provisions for the payment of construction charges to the United States, and the bonds securing the payment of the same, if any are issued and deposited, may be of such denomination and may call for the payment of such interest not exceeding six percent per annum, may provide for such installments and for repayment of the principal at such times, as may be required by the federal laws and as may be agreed upon between the board and the appropriate federal agency. [1965 c.623 §21]

Source: Section 553.635 — Contract provisions for payment of government construction charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 536.027 — OR Code / Title 45 / Chapter 536 / Section 536.027
536.027 Rules and standards
Status: in_force

(1) In accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission shall adopt rules and standards to perform the functions vested by law in the commission.

(2) Except as provided in ORS 183.335 (Notice) (5), the commission shall cause a public hearing to be held on any proposed rule or standard before its adoption. The hearing may be before the commission, any designated member of the commission or any person designated by and acting for the commission. [1985 c.673 §5]

Source: Section 536.027 — Rules and standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 555.180 — OR Code / Title 45 / Chapter 555 / Section 555.180
555.180 Payment for irrigation of acreage in excess of contract
Status: in_force

Wherever an irrigation system has been constructed under contract with the State of Oregon pursuant to the Act of Congress known as the Carey Act, and under and pursuant to ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) to 555.160 (Report of work, expenditures and condition of funds) , and it develops that the acreage of land actually irrigated in any smallest legal subdivision of the land is greater than the acreage made subject to the lien in the reclamation contract for said smallest legal subdivision and the waters for the excess acres actually irrigated in such legal subdivision over and above the amount fixed in the contract for lien have not as yet been paid for, nor the amount to be paid therefor agreed upon, the Water Resources Commission upon request of the company supplying water to the excess acres shall notify the person using the water upon the excess acres to pay for the same or enter into an arrangement with the company furnishing the water providing for the price to be paid therefor and the manner of payment; provided, the company furnishing the water shall not exact a price per acre for such excess acres greater than the price per acre as now fixed by the commission.

Source: Section 555.180 — Payment for irrigation of acreage in excess of contract; notice by Water Resources Commission; price per acre , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.603 — OR Code / Title 45 / Chapter 545 / Section 545.603
545.603 Entry on assessment roll
Status: in_force

Not later than December 1 of each year, the county clerk shall furnish to the county assessor a copy of all assessments shown on the bond lien docket that were levied against property within the irrigation district in the county of the county clerk and that shall become due and payable during the coming calendar year. The assessor shall enter the assessments on the assessment roll in the same manner as other assessments of the district are entered. The assessments so entered shall continue as a lien against the tracts and parcels of land described in the assessment roll and shall be collected in the same manner and at the same time that other taxes are collected. If unpaid, the procedure for the collection of the assessments shall be the same as that provided by law for the collection of irrigation taxes and assessments. Except as otherwise provided by law, all moneys paid to the county treasurer on any assessments levied under ORS 545.565 (Refunding bonds) to 545.621 (Exchange of refunding bonds for outstanding indebtedness) , and all moneys collected by the tax collector in any county on such assessments, shall be paid to the county treasurer and kept by the county treasurer in a special bond fund for the payment of the principal and interest on bonds as the bonds become due. The purchaser of any tracts or parcels of land at a sale for any delinquent state, county or municipal taxes, or irrigation assessments, shall take the tracts or parcels free and clear of any assessment that has been entered upon the assessment roll under this section and that has been included in the amount for which the tract was sold. However, the lien of the portion of the assessment created by ORS 545.589 (Recording of assessments) that has not been so entered and included shall not in any manner be affected by the sale, and every purchaser shall take the lands subject to that lien. [Formerly 545.268]

Source: Section 545.603 — Entry on assessment roll; lien on land; collection; disposal of moneys collected; liability of land sold for taxes; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 538.020 — OR Code / Title 45 / Chapter 538 / Section 538.020
538.020 Acquisition of property necessary for storage and diversion
Status: in_force

The county court of Morrow County may, for the purposes set forth in chapter 324, Oregon Laws 1939, acquire, in the name of the county and for the use of the public, by purchase, eminent domain proceedings, lease, grant, gift, bequest, devise or any other legal means, real and personal property, rights of way, easements and other property rights or privileges necessary to effect the storage and diversion of the waters referred to in that Act, and maintain and care for such property and rights in the manner provided by statute for the care and maintenance of other county property.

Source: Section 538.020 — Acquisition of property necessary for storage and diversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors538.­html (accessed May 26, 2025).
ORS § 553.290 — OR Code / Title 45 / Chapter 553 / Section 553.290
553.290 Possession of land after commencement of proceedings
Status: in_force

At any time after the board of directors of a water control district has commenced proceedings to acquire title to any land necessary for rights of way, or for construction, alteration, repair or reservoir purposes, the district may enter into possession of such lands and begin such work as may be necessary to the development of the district. [1965 c.623 §12]

CONSTRUCTION OF WORKS IN SUBDISTRICTS; DETERMINATION OF BENEFITS

Source: Section 553.290 — Possession of land after commencement of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 550.300 — OR Code / Title 45 / Chapter 550 / Section 550.300
550.300 Financing construction, operation or maintenance of district works
Status: in_force

(1) The board of directors may finance the construction, operation or maintenance of district works by the following means:

(a) Assessments made under ORS 550.310 (Assessments against benefited lands for district works) against the benefited lands in the district, with or without the issuance of works bonds.

(b) Service and user charges imposed under ORS 550.330 (Service and user charges for district works) , with or without the issuance of revenue bonds.

(c) Issuance of general obligation bonds under ORS 550.340 (General obligation bonds) .

(d) Any other means authorized by law.

(e) Any combination of the means described in this section.

(2) Notwithstanding subsection (1) of this section, the board of directors may not levy local option taxes under ORS 280.040 (Definitions for ORS 280.040 to 280.145) to 280.145 (Serial levy under former law) . [2019 c.621 §16; 2022 c.16 §13]

Source: Section 550.300 — Financing construction, operation or maintenance of district works; local option taxes prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 547.482 — OR Code / Title 45 / Chapter 547 / Section 547.482
547.482 Filing boundary change with county assessor and Department of Revenue
Status: in_force

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225 (Boundary changes) . [2001 c.138 §42]

Note: 547.482 (Filing boundary change with county assessor and Department of Revenue) was added to and made a part of ORS chapter 547 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 547.482 — Filing boundary change with county assessor and Department of Revenue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.545 — OR Code / Title 45 / Chapter 540 / Section 540.545
540.545 Transfer of water rights following county acquisition of land
Status: in_force

Whenever the title to lands within a district has been or is acquired by the county within which the land is located, by foreclosure of tax liens or otherwise, the county court or board of county commissioners, upon request of the district, may make application under the provisions of ORS 540.505 (Definitions) to 540.585 (Temporary transfers within Deschutes River Basin) to have the water rights appurtenant to such lands transferred to other lands within the district which are owned by the county or privately owned. [Formerly 540.540; 1991 c.957 §8]

Source: Section 540.545 — Transfer of water rights following county acquisition of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.310 — OR Code / Title 45 / Chapter 543 / Section 543.310
543.310 Disposition of moneys collected
Status: in_force

Except as provided in ORS 536.015 (Water Resources Department Hydroelectric Fund) , all moneys collected under the provisions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) shall forthwith be paid to the State Treasurer and become a part of the General Fund. [Amended by 1985 c.674 §10; 1991 c.869 §10]

Source: Section 543.310 — Disposition of moneys collected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 541.040 — OR Code / Title 45 / Chapter 541 / Section 541.040
541.040 Headgate
Status: in_force

Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall erect and keep in good repair a headgate at the head of its ditch, canal or flume, which, together with the necessary embankments, shall be of sufficient height and strength to control the water at all ordinary stages. The framework of the headgate shall be of timber not less than four inches square, and the bottom, sides and gate shall be of plank not less than two inches in thickness.

Source: Section 541.040 — Headgate; mode of construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 555.528 — OR Code / Title 45 / Chapter 555 / Section 555.528
555.528 Authority to issue general obligation bonds
Status: in_force

(1) Upon approval of the electors of a sand control district, the district may issue general obligation bonds, as prescribed in ORS 287A.300 (Terms and conditions of bond sales) to 287A.380 (Tax levy to pay maturing general obligation advance refunding bonds) , from time to time to finance purposes and duties of the district.

(2) The district may not issue, or have outstanding at any time, general obligation bonds in a principal amount that exceeds:

(a) Five percent of the real market value of the taxable property in the district, calculated as provided in ORS 308.207 (Computation of real market value for taxing or bonding limitations) , if the district has a population of less than 100 individuals within its boundaries; or

(b) 10 percent of the real market value of the taxable property in the district, calculated as provided in ORS 308.207 (Computation of real market value for taxing or bonding limitations) , if the district has a population of 100 or more individuals within its boundaries.

(3) Bonds issued under this section must mature within 30 years from the date of issuance. [2015 c.560 §5]

Source: Section 555.528 — Authority to issue general obligation bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.471 — OR Code / Title 45 / Chapter 545 / Section 545.471
545.471 Charges for water supply
Status: in_force

(1) For the purpose of defraying the expenses of the organization of the district, and of the care, operation and management, repair and improvement of the portions of the canals and works that are completed and in use, including salaries of officers and employees, the board shall fix charges for irrigation and other public uses. The board, by resolution, may provide for collecting the charges from all persons using the canals for irrigation and other purposes, and may require the collection to be made by the secretary of the board and disbursed by the secretary on order of the board.

(2) The board may designate the time and manner of making the collections of charges, may require them to be paid in advance of the delivery of water and may accept short-term interest-bearing notes for any portion of the charges. In establishing its charges, the board may consider the quantity of water to be delivered, the acres of land entitled to benefits from the district, the establishment of uniform or graduated rates and minimum charges, the imposition of additional charges for special services and for small tracts or other properties which require proportionately greater maintenance and operation and other factors the board considers reasonable and appropriate. The board may base its charges upon any or all of the factors set forth in this subsection.

(3) In addition to the charges authorized under subsections (1) and (2) of this section, the board may pass on charges against individual water users when the district incurs charges, fees, fines or similar expenses for extraordinary services performed by the district at the request of the water user or that are incurred by reason of some action or failure to act by the water user. [Formerly 545.108; 1999 c.452 §26]

Source: Section 545.471 — Charges for water supply; rates; collections and disbursements; basis of charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 543a.055 — OR Code / Title 45 / Chapter 543a / Section 543a.055
543A.055 Hydroelectric Application Review Team review of application
Status: in_force

(1) The Hydroelectric Application Review Team shall review the application report prepared under ORS 543A.050 (Application report) and prepare a draft proposed final order approving or denying the reauthorization of the water right. The draft proposed final order shall include the findings required for a proposed final order under ORS 543A.120 (Proposed final order) . Upon completion of the draft proposed final order, the Water Resources Department shall give public notice of the draft proposed final order in the weekly notice published by the department. The notice shall include a request for comments on the draft proposed final order.

(2) Within 60 days after the public notice under subsection (1) of this section, any person interested in the draft proposed final order shall submit written comments to the team.

(3) Within 30 days after the close of the period for public comment on the draft proposed final order, the team shall make any revisions necessary in response to comments received and submit a proposed final order to the department.

(4) The department shall complete the reauthorization process in accordance with the provisions of ORS 543A.120 (Proposed final order) to 543A.300 (Decommissioning) . [1997 c.449 §11]

Source: Section 543A.055 — Hydroelectric Application Review Team review of application; draft proposed final order; public comment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 553.095 — OR Code / Title 45 / Chapter 553 / Section 553.095
553.095 Entry upon land
Status: in_force

The board of directors, its officers, agents or employees shall have the right to enter upon any land to make surveys for the purposes of the district, upon giving the owners of such land notice of any such surveys reasonably in advance thereof. [1965 c.623 §9]

Source: Section 553.095 — Entry upon land; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 536.032 — OR Code / Title 45 / Chapter 536 / Section 536.032
536.032 Water Resources Director
Status: in_force

Subject to confirmation by the Senate in the manner provided in section 4, Article III, Oregon Constitution, the Governor shall appoint a Water Resources Director. The director shall be an individual qualified by training and experience and shall serve for a term of four years at the pleasure of the Governor. The director or a principal assistant must be a registered engineer experienced in water-related engineering. [1975 c.581 §18; 1985 c.673 §7; 2009 c.259 §28]

Source: Section 536.032 — Water Resources Director; term; qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 541.581 — OR Code / Title 45 / Chapter 541 / Section 541.581
541.581 Rules for grant and direct service cost payment program
Status: in_force

The Water Resources Commission shall adopt rules necessary to administer ORS 541.561 (Establishment of grant program) to 541.581 (Rules for grant and direct service cost payment program) , including rules that:

(1) Establish reporting requirements for grants awarded under ORS 541.561 (Establishment of grant program) ;

(2) Provide for public comment before the award of grants and payment for direct services under ORS 541.561 (Establishment of grant program) ; and

(3) Implement the priorities required by ORS 541.561 (Establishment of grant program) . [2008 c.13 §4]

Note: See note under 541.561 (Establishment of grant program) .

Source: Section 541.581 — Rules for grant and direct service cost payment program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 536.930 — OR Code / Title 45 / Chapter 536 / Section 536.930
536.930 Consequence of failure to follow order
Status: in_force

Any owner or operator who fails without sufficient cause to take corrective action as required by an order of the Water Resources Commission shall be liable for damages not to exceed the amount of all expenses incurred by the Water Resources Department in carrying out the department’s enforcement duties related to the corrective action. [1989 c.618 §7; 1991 c.734 §51]

Note: See note under 536.900 (Civil penalties) .

Source: Section 536.930 — Consequence of failure to follow order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 545.211 — OR Code / Title 45 / Chapter 545 / Section 545.211
545.211 Decrease in number of directors
Status: in_force

The number of directors may be decreased to three substantially in the same manner as that provided for the increase of directors. When the number of directors is decreased, the board shall redivide the district into three divisions. The existing board shall continue in office until the expiration or other termination of their terms. Successors shall be appointed or elected only in divisions where representation will terminate with the term of a director. Directors shall thereafter be appointed or elected only as necessary to fulfill the requirements of the decrease in membership of the board, and so that the term of one director will expire each year. [Formerly 545.024]

Source: Section 545.211 — Decrease in number of directors; redivision of district; terms of office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.605 — OR Code / Title 45 / Chapter 547 / Section 547.605
547.605 Funding and refunding of debt
Status: in_force

The board of trustees of any drainage or levee district having an outstanding indebtedness of not less than $3 per acre for each acre of land included in the district, evidenced by bonds or warrants of the district, may, if the board considers it for the best interests of the district, fund or refund the same or any part thereof and issue bonds of the district therefor in sums of not less than $100 nor more than $1,000, each having not more than 20 years to run, and bearing a rate of interest determined by the board of trustees, payable semiannually. Both principal and interest may be made payable at a place named by the board. The bonds shall be negotiable in a form to be selected by the board of trustees, numbered consecutively, signed by the president of the board and countersigned by the clerk of the county in which payable, who shall thereto affix the official seal. Interest coupons shall be attached to each bond. The bonds shall then be delivered to the treasurer of the district, who shall stand charged upon the official bond for all bonds delivered to the treasurer and the proceeds thereof. [Amended by 1969 c.694 §40; 1977 c.188 §9; 1981 c.94 §46; 2001 c.215 §22]

Source: Section 547.605 — Funding and refunding of debt; bonds; place of payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 558.430 — OR Code / Title 45 / Chapter 558 / Section 558.430
558.430 Deposit and withdrawal of moneys
Status: in_force

(1) All moneys of the district shall be deposited in one or more banks, to be designated by the commissioners; and shall be withdrawn or paid out only when previously ordered by vote of the commissioners, and upon checks signed by the treasurer and countersigned by the chairperson, or in the absence of the chairperson or inability of the chairperson to act, by the secretary. A receipt or voucher, showing clearly the nature and items covered by each check drawn, shall be kept on file.

(2) Annual reports shall be made and filed by the chairperson, secretary and treasurer, and at least once in each year a full and complete itemized statement of receipts and expenditures shall be published in a newspaper of general circulation, published in the county in which the district is situate.

(3) All the proceedings of the commissioners shall be entered at large in a record book. All books, maps, plans, documents, correspondence, vouchers, reports and other papers and records pertaining to the business of the district shall be carefully preserved and shall be open to inspection as public records in the office of the county clerk of the county in which the greater part of the district is located. [1969 c.698 §36]

Source: Section 558.430 — Deposit and withdrawal of moneys; annual reports; records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors558.­html (accessed May 26, 2025).
ORS § 541.956 — OR Code / Title 45 / Chapter 541 / Section 541.956
541.956 Watershed Conservation Grant Fund purposes
Status: in_force

The purpose of the Watershed Conservation Grant Fund is to provide funding for grants to achieve the purposes and uses described in ORS 541.942 (Natural Resources Subaccount) and to implement the mission of the Oregon Plan, including but not limited to grants to further the Oregon Conservation Strategy and the watershed health and native fish recovery programs of this state. Moneys appropriated to the fund shall be used only for the following activities:

(1) Acquiring from willing owners interests in land or water that will protect or restore native fish or wildlife habitats. The interests may include, but need not be limited to, fee interests, conservation easements or leases.

(2) Projects to protect or restore native fish habitat or wildlife habitat.

(3) Projects to protect or restore natural watershed or ecosystem functions in order to improve water quality or stream flows.

(4) Resource assessment, planning, design and engineering, technical assistance, monitoring and outreach activities necessary for carrying out subsections (1) to (3) of this section. [2011 c.643 §13]

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

Source: Section 541.956 — Watershed Conservation Grant Fund purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 543a.035 — OR Code / Title 45 / Chapter 543a / Section 543a.035
543A.035 Reauthorization application and public comment
Status: in_force

(1) Within 60 days after submitting a notice of intent under ORS 543A.030 (Notice of intent) , the applicant shall submit to the Water Resources Department an application to reauthorize the water right for the state project on a form prescribed by the department.

(2) The reauthorization application for a water right for the use of water for hydroelectric purposes shall set forth:

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

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

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

(d) The theoretical water horsepower; and

(e) Any other information required in the application form.

(3) Upon receipt of a reauthorization application for the use of water for hydroelectric purposes, the Water Resources Department shall convene the Hydroelectric Application Review Team for the state project. The team shall consist of representatives of the Water Resources Department, the Department of Environmental Quality and the State Department of Fish and Wildlife and may include a representative of any other state agency that has regulatory or advisory responsibility for the state project or a resource or hazard affected by the state project.

(4) Within seven days after receiving a reauthorization application under subsection (3) of this section, the department shall notify any person who responded to the notice of intent and give public notice of the application in the weekly notice published by the department. The notice shall include a request for comments on the application and information pertaining to how an interested person may obtain future notices about the application and participate in the reauthorization process.

(5) Within 45 days after the public notice under subsection (4) of this section, any person interested in the application shall request future notices about the state project and may submit written comments to the department. [1997 c.449 §7]

Source: Section 543A.035 — Reauthorization application and public comment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 552.418 — OR Code / Title 45 / Chapter 552 / Section 552.418
552.418 Notice of engineering plan
Status: in_force

(1) Upon completion or adoption of the engineering plan, the district board shall cause notice to be given to the landowners that the plan, including the general report, may be inspected at the district office. The notice may be given by mail or by publication as the board determines.

(2) The notice shall fix a time and place for a hearing before the district board of all objections to the plan. The hearing shall be held not less than 20 nor more than 30 days after the date of mailing, or the date of the last publication, of the notice. At the hearing the board may make changes in the plan as necessary in the light of objections or suggestions made by persons appearing at the hearing. After the hearing the board shall approve the plan as proposed, corrected or changed, by adopting an order of approval. However, if the owners of more than 50 percent of the acreage within the district, within 30 days after the date of the order approving the plan, file written objections to the order with the secretary of the district, no further action shall be taken under the order and the plan shall be considered disapproved by the district board and rejected by the landowners. When an engineering plan is rejected by the landowners, the board may obtain a new engineering plan and present it to the landowners as provided by this section. [1969 c.606 §35; 1989 c.182 §47]

Source: Section 552.418 — Notice of engineering plan; hearing; objections of landowners; approval or disapproval of plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 545.371 — OR Code / Title 45 / Chapter 545 / Section 545.371
545.371 Consent of bondholders
Status: in_force

The board may obtain constructive consent to the release of the lien of all outstanding bonds against property to be sold by publishing a notice describing the property to be released from the lien of outstanding bonds, and requiring all holders of bonds against the district to present in writing their dissent from or objection to release of the lien of all bonds against the property to be sold. The board shall publish the notice for at least four consecutive weeks in three newspapers published in Oregon. One of the newspapers must be a newspaper published in the county in which the office of the board is located, if such a newspaper exists. Any holders who fail to file objection or dissent within 90 days from the date of the first publication of the notice shall be considered to have released the lien of their bonds on the property. The board shall enter its order to the effect that, for the purpose of the sale, the lien of all such bonds has been released from the property to be sold. If any objection or dissent is filed within the time required by the notice, the board shall fix a time for a hearing on the objection or dissent and at the hearing shall determine whether or not the sale can be made without impairing the security of the bonds. If the board determines that the sale can be made, it shall enter its order to that effect and may proceed to sell the property. If the board determines that the sale cannot be made, it may postpone the sale until the objection is removed. [Formerly 545.148]

Source: Section 545.371 — Consent of bondholders; notice requiring presentation of objections; implication of consent; hearing of objections by directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.765 — OR Code / Title 45 / Chapter 541 / Section 541.765
541.765 Authorization for loans for certain federal projects
Status: in_force

In addition to those uses of moneys in the Water Development Fund otherwise provided in ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) , the Water Resources Commission may authorize loans of such moneys to those persons to whom approval has been granted by the federal government or any agency or instrumentality of the United States for the funding and construction of federal water development projects. Any such person shall apply for a loan to the commission, in such form as the commission prescribes, and shall furnish such proof of federal approval for funding and construction as the commission considers appropriate. [1977 c.246 §16; 1985 c.673 §121; 1991 c.944 §8; 1999 c.212 §5; 2009 c.907 §§9,38]

Source: Section 541.765 — Authorization for loans for certain federal projects , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.025 — OR Code / Title 45 / Chapter 545 / Section 545.025
545.025 Purposes of irrigation district
Status: in_force

(1) When owners of land that is irrigated or susceptible to irrigation desire to provide for the construction of works for irrigation of their land, to provide for the reconstruction, betterment, extension, purchase, operation or maintenance of works already constructed, or to provide for the assumption of indebtedness to the United States incurred under the federal reclamation laws on account of their lands, they may propose the organization of an irrigation district under the Irrigation District Law by signing a petition and filing it with the county court of the principal county, as defined in ORS 198.705 (Definitions for ORS 198.705 to 198.955) . The petition must be signed by a majority of the owners of land or 50 owners of land within the exterior boundaries of the proposed district.

(2) The petition shall set forth:

(a) A statement that the petition is filed for the formation of an irrigation district under the Irrigation District Law;

(b) The name of the proposed district;

(c) A description of the exterior boundaries of the proposed district. The description may be by metes and bounds, quarter quarter section lines or assessor’s map and tax lot numbers;

(d) A statement declaring whether the district board of directors shall consist of three or five members and, if three members, whether the district shall be subdivided for the election of directors or whether directors shall be elected at large; and

(e) A request that proceedings be taken for the formation of the district.

(3) ORS 198.760 (Requirements for signers of petition) , 198.765 (Requirements for filing petition) , 198.770 (Method of determining validity of landowner signatures) and 198.775 (Security deposit to accompany petition) apply to petitions for the formation of an irrigation district, except that an economic feasibility statement is not required.

(4) The circulator shall certify on each signature sheet that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet.

(5) A description and map of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the district, together with the names and mailing addresses of all of the owners of the lands, shall be included in the petition or attached to the petition as an exhibit. Reference to the assessor’s map and tax lot number is sufficient for the description of lands required under this subsection.

(6) When the petition for formation is filed with the county court of the principal county, the county court shall set a date for a hearing on the petition. The date set for the hearing shall be not less than 30 days nor more than 50 days after the date on which the petition is filed. The county court shall cause notice of the hearing to be posted in at least three public places in the county and published by two insertions in a newspaper. The notice shall state:

(a) The purpose for which the district is to be formed.

(b) The name and boundaries of the proposed district.

(c) The time and place for the hearing on the petition.

(d) That all interested persons may appear and be heard.

(7) If the petition is signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district, publication of the notice of the hearing on the petition is not required. A petition signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district may also contain the names of persons desired as the members of the first board of directors of the proposed district, the initial term of office of each director and a written statement from each of those persons in which the person agrees to serve as a director of the proposed district.

(8) If an elector is not a resident of the district or this state, a legal representative of the owner of land, including an individual acting pursuant to a power of attorney, may sign a formation petition for and on behalf of the owner. [Formerly 545.004; 1999 c.318 §32; 1999 c.452 §5; 2007 c.848 §27]

Source: Section 545.025 — Purposes of irrigation district; process for formation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 554.190 — OR Code / Title 45 / Chapter 554 / Section 554.190
554.190 Recording notice
Status: in_force

(1) The notice shall be recorded in the office where deeds and other instruments affecting the title to real property are recorded in the county where the land is situated. From the recording thereof such notice shall be a covenant to and with the corporation and its members and creditors, attaching to and running with the described land and every part thereof, granting the rights, privileges and liens as in ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) provided and in the notice stated with respect thereto. In addition, such recording shall constitute prior approval of the members of the corporation of those actions of the board of directors obligating the corporation as authorized in ORS 554.220 (Bonds) to 554.280 (Resolution for serial coupon obligations) .

(2) If it is stated in the notice that the land described in the articles of incorporation and the notice shall be subject to any indebtedness incurred by the corporation, all debts and obligations of the corporation theretofore and thereafter created shall be a lien upon the land described in the notice prior to every other lien attaching to the land subsequent to the time of recording of the notice, except state, county and school taxes, whether such debt or obligation of the corporation is in existence at the time the latter lien attaches or is created afterward. Such lien shall not be personal but shall be an obligation upon the land and run with the land.

(3) If, however, the landowners state in the notice that the land described in the articles of incorporation shall be subject to the lien of assessments by such corporation for the works and improvement of the land, then all the debts and obligations of the corporation shall be a direct obligation of the corporation with the irrevocable right of the creditors and obligees to have assessments made by the corporation for the payment of such debts and obligations pursuant to the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) and within the limitations, restrictions and provisions of the landowners’ notice. In such case every debt and obligation of the corporation created within the limitations and restrictions of the landowners’ notice is with the implied or express covenant that the corporation will make the assessments necessary to be made for the payment thereof as same may mature and be payable, and will prorate and apportion the same to all the described lands in accordance with the provisions of ORS 554.005 (Filing requirements) to 554.340 (Judicial determination of legality of proceedings) and the notice. Every assessment made pursuant to this subsection and the landowners’ notice by the corporation and prorated and apportioned pursuant to such notice within the limitations, restrictions and provisions thereof shall be a lien upon the acreage of such land as so assessed by the corporation, and the lien shall relate back, vest and attach thereto as of the time of filing for record of the landowners’ notice. Every other lien, right, title, interest and estate attaching, vesting or in any manner accruing or acquired subsequent to the filing of such landowners’ notice, whether before or after such assessment, except state, county and school taxes, shall be inferior and subject to the lien of such assessment. [Amended by 1991 c.459 §432e]

Source: Section 554.190 — Recording notice; effect; lien on land; priority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 539.200 — OR Code / Title 45 / Chapter 539 / Section 539.200
539.200 Conclusiveness of determinations as to water rights
Status: in_force

The determinations of the Water Resources Director, as confirmed or modified as provided by this chapter in proceedings, shall be conclusive as to all prior rights and the rights of all existing claimants upon the stream or other body of water lawfully embraced in the determination.

Source: Section 539.200 — Conclusiveness of determinations as to water rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 542.070 — OR Code / Title 45 / Chapter 542 / Section 542.070
542.070 Entry on lands
Status: in_force

In order to carry out the purpose of ORS 542.060 (Information on availability of water for beneficial uses) all persons employed under that section may enter and cross all lands within the state; provided, that in so doing, no unnecessary damage is done to private property.

Source: Section 542.070 — Entry on lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).
ORS § 536.460 — OR Code / Title 45 / Chapter 536 / Section 536.460
536.460 Preparation and submission of information or recommendations to other persons or agencies
Status: in_force

The Water Resources Commission may prepare and submit information or proposals and recommendations relating to the water resources of this state or the functions of the commission as provided by law to any person, local voluntary committee or association, state agency or public corporation of this or any other state, any interstate agency, any agency of the federal government or any committee of the legislature of this or any other state or of the Congress of the United States. [1955 c.707 §22]

Source: Section 536.460 — Preparation and submission of information or recommendations to other persons or agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html (accessed May 26, 2025).
ORS § 547.063 — OR Code / Title 45 / Chapter 547 / Section 547.063
547.063 Definitions
Status: in_force

As used in ORS 547.063 (Definitions) to 547.083 (Owner or occupant liable for repair expense) :

(1) “Flood control project” means a system or method, including, but not limited to, canals, ditches, dikes, levees, revetments and floodwalls, for:

(a) The control, diversion, conservation or abatement of floodwater, or of an excessive or unusual accumulation of water, in a natural or artificial body of water; or

(b) The protection of life and property against danger, menace, injury or damage resulting from floodwater, or an excessive or unusual accumulation of water.

(2) “Obstruction” means an encroachment, improvement or trespass that substantially and adversely affects the efficient operation or maintenance of a flood control project or a ditch, lateral, drain, canal, slough, waterway or conduit.

(3) “Repair” includes replace, remove, relocate and upgrade when, in the discretion of the board of supervisors of a drainage district, replacement, removal, relocation or upgrade is necessary to comply with state or federal regulations or to protect and preserve the property of the district. [2015 c.544 §2]

Note: 547.063 (Definitions) to 547.083 (Owner or occupant liable for repair expense) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 547 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 547.063 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.461 — OR Code / Title 45 / Chapter 540 / Section 540.461
540.461 Plan and time frame for corrective action
Status: in_force

(1) If the Water Resources Department provides notification to a dam owner under ORS 540.458 (Notice for owner corrective action to address safety issues) stating that the department has concluded that a dam having a significant hazard rating or high hazard rating is unsafe or potentially unsafe, the department may cooperate with dam owner efforts to develop a plan and time frame for corrective action that is agreeable to the department. When determining whether a plan and time frame for corrective action developed by a dam owner is agreeable to the department, the department may consider any relevant information, including, but not limited to, information regarding:

(a) The specific dam;

(b) The efforts and resources of the dam owner; and

(c) The impacts associated with dam failure.

(2) In addition to any other available remedies, the Water Resources Director may issue a proposed final order containing one or more of the provisions described in subsection (3) of this section if:

(a) The department and the dam owner do not agree on a plan and time frame under subsection (1) of this section for corrective action to resolve a condition identified in a notification that was sent by mail under ORS 540.458 (Notice for owner corrective action to address safety issues) ;

(b) The dam owner has failed to comply with a plan or time frame agreed to under subsection (1) of this section; or

(c) The department concludes, based on inspection or analysis, that the dam is unsafe.

(3) If the director issues a proposed final order under subsection (2) of this section, the director shall provide the dam owner with notice and opportunity for hearing under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) . If the notice is provided by mail, the director shall use a form of mail described in ORS 540.458 (Notice for owner corrective action to address safety issues) . The proposed final order shall include the specific information and conditions that have caused the department to conclude that the dam is unsafe or potentially unsafe. The proposed final order may also include, but need not be limited to, provisions:

(a) Notifying the dam owner as described in ORS 540.458 (Notice for owner corrective action to address safety issues) , if that notification has not been provided.

(b) Requiring that the dam owner consult with an engineer to assess the nature and extent of the conditions specified by the department allegedly indicating that the dam is unsafe or potentially unsafe and, as necessary, to identify specific corrective action.

(c) Specifying commencement and completion dates for any corrective action the department deems necessary to remedy the unsafe or potentially unsafe condition.

(d) Restricting the maximum reservoir level until corrective action has been completed to the satisfaction of the department.

(e) Directing that the dam may not be used for the storage, restraint or conveyance of water until corrective action has been completed to the satisfaction of the department.

(f) If the department concludes that monitoring is necessary to protect life, property or public infrastructure, requiring the installation and use of monitoring equipment at a dam to monitor unsafe or potentially unsafe conditions. If the department requires monitoring, the department shall allow the use of the most economical monitoring equipment sufficient to protect life, property and public infrastructure.

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

(5) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in ORS 540.458 (Notice for owner corrective action to address safety issues) . [2019 c.390 §8]

Source: Section 540.461 — Plan and time frame for corrective action; hearing; proposed and final orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.300 — OR Code / Title 45 / Chapter 543 / Section 543.300
543.300 Conditions governing license
Status: in_force

Any license issued under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) shall take into consideration, and shall be on, the following conditions:

(1) That the proposed project shall be such as, in the judgment of the Water Resources Commission, is well adapted to the development and utilization of the water power involved.

(2) That the licensee shall construct and build the project according to the maps, plans and specifications filed with and approved by the commission, and within the time fixed by the license or by any lawful extension thereof.

(3) The operations of the licensee so far as they affect the use, storage and discharge from storage of waters affected by the license, shall at all times be controlled by such reasonable rules as the commission may prescribe for the protection of life, health and property, and in the interest of the fullest practicable conservation and utilization of such waters for power purposes and for other beneficial public uses, including recreational purposes. The licensee shall release water from the project reservoir at such rate in cubic feet per second, or such volume in acre-feet per specified period of time, as the commission may prescribe.

(4) That the licensee shall maintain the project, and each part thereof, in good order and repair and in efficient operation, for the development and transmission of electricity to its reasonable capacity; shall make all necessary renewals and replacements as required; and shall maintain and operate the project, and all parts thereof, conformably to the rules of the commission not inconsistent with ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) .

(5) That the licensee shall annually pay to the state the applicable fee under ORS 543.078 (Annual fee for hydroelectric project) for the project. This sum shall constitute a first lien upon the project, which lien may be enforced by suit in equity or other appropriate proceeding, or payment thereof may be enforced by the state in an action for debt. Payment of such license fees may be waived by the commission during all or any part of the period of construction. The fees need not be uniform throughout the entire period of the license, but may be for different amounts for different periods.

(6) Other and further conditions not inconsistent with ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) as the commission may require in the public interest.

(7) In issuing a license for a minor project of not more than 100 horsepower the commission may waive all or any of the conditions and requirements of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) except the period for which a license may be issued, and the annual charge under subsection (5) of this section. In issuing licenses for projects in excess of 100 horsepower for which the applicants are required to secure permits and licenses from the United States as a condition precedent to the construction of the projects, the commission may waive and modify such of the terms, conditions and requirements of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , except the period for which a license may be issued and the annual charge under subsection (5) of this section, as the commission, by order, after full investigation and public hearing, shall find to make impracticable the construction of such projects. During the time that a licensee is not a public utility and does not sell electric energy, and does not sell bonds or other evidences of debt against the licensee’s plant, the commission may waive the accounting and amortization requirements of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) , even if the project involved exceeds 100 horsepower. [Amended by 1959 c.560 §1; 1961 c.224 §19; 1985 c.673 §154; 1999 c.873 §23; 2021 c.516 §5]

Source: Section 543.300 — Conditions governing license; fees; waiver of conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 554.385 — OR Code / Title 45 / Chapter 554 / Section 554.385
554.385 Findings by board of reorganizing district
Status: in_force

(1) When the decision of the landowners described in ORS 554.375 (Dissolution of district and reorganization as corporation) authorizes the dissolution of a drainage district or a diking district and the reorganization of the district into a corporation for drainage or flood control under this chapter, the board of supervisors of a drainage district or the advisory board of a diking district shall make findings of fact which shall include:

(a) The amount of each outstanding bond, coupon and other indebtedness, with a general description of the indebtedness and the name of the holder and owner of each, if known.

(b) A description of each parcel of real property and interest in real property and, if the property was acquired for delinquent taxes or assessments, the amount of such taxes and assessments on each parcel of property.

(c) Uncollected assessments and charges levied by the district and the amount upon each lot or tract of land.

(d) A description of the personal property and of all other assets of the district.

(2) The board of supervisors or the advisory board shall propose a plan of dissolution and liquidation, which shall include provision for transfer and conveyance of all assets of the district to the corporation organized by the board of supervisors or advisory board under ORS 554.380 (Articles of incorporation for corporation formed from dissolved district) .

(3) Dissolution of a drainage district or diking district under this section shall occur without further action by the landowners of the district.

(4) The board of supervisors or the advisory board shall convey to the corporation organized by the board of supervisors or the advisory board under ORS 554.380 (Articles of incorporation for corporation formed from dissolved district) all assets of the dissolving district when:

(a) The corporation assumes all debts and obligations of the dissolving district and undertakes to continue to furnish the services provided by the dissolving district pursuant to the plan of dissolution and liquidation and the articles of incorporation of the corporation; and

(b) The consent of all the known holders of valid indebtedness against the district has been obtained, or provision has been made in the plan for payment of the nonassenting holders.

(5) When all assets of the dissolving district are transferred to the corporation, the board of supervisors or the advisory board shall file with the governing body of the county in which the greatest area of the district is situated a sworn statement that the district has been dissolved under ORS 554.320 (Exemption from taxation) and 554.375 (Dissolution of district and reorganization as corporation) to 554.390 (Dissolution of district and reorganization as corporation under ORS 554.320 and 554.375 to 554.390 prohibited after 2004) and its affairs liquidated. From the date of the statement, the corporate existence of the district is terminated for all purposes.

(6) ORS 548.900 (Definitions for ORS 548.900 to 548.955) to 548.955 (Contents of judgment) and 551.180 (Dissolution conditions and procedure) do not apply to a district dissolved under ORS 554.320 (Exemption from taxation) and 554.375 (Dissolution of district and reorganization as corporation) to 554.390 (Dissolution of district and reorganization as corporation under ORS 554.320 and 554.375 to 554.390 prohibited after 2004) . [1993 c.502 §3]

Source: Section 554.385 — Findings by board of reorganizing district; plan of dissolution; transfer of district assets to corporation; statement of dissolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 541.715 — OR Code / Title 45 / Chapter 541 / Section 541.715
541.715 Applicant authorized to obtain private planning, engineering and construction services
Status: in_force

Nothing in ORS 541.700 (Definitions for ORS 541.700 to 541.855) to 541.855 (Biennial report to Legislative Assembly and Governor) is intended to prevent an applicant from employing a private planning firm, engineering firm and construction firm to perform the planning work, engineering work and construction on the proposed water development project of the applicant. [1977 c.246 §4]

Source: Section 541.715 — Applicant authorized to obtain private planning, engineering and construction services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 552.603 — OR Code / Title 45 / Chapter 552 / Section 552.603
552.603 Financing construction, operation or maintenance of district works
Status: in_force

The district board may, in accordance with the order approving an engineering plan adopted under ORS 552.418 (Notice of engineering plan) , finance the construction, operation or maintenance of district works by:

(1) Use of the revolving fund established under ORS 552.635 (Levy to establish revolving fund) .

(2) Assessments under ORS 552.608 (Assessment of cost of works against benefited land) and 552.613 (Improvement bonds) against the benefited property in the district with or without issuance of improvement bonds or warrants.

(3) Service charges and user fees collected under ORS 552.618 (Effect of irrigation contract) or 552.630 (Service and user charges) from those who are served by or use the services, works and facilities of the district.

(4) Levy of ad valorem taxes under ORS 552.623 (Ad valorem tax levy, collection, enforcement) and 552.625 (Maximum rate of tax levy) .

(5) Sale of bonds under ORS 552.645 (General obligation bonds) to 552.660 (Process for issuance of bonds) .

(6) Any combination of the provisions of subsections (1) to (5) of this section. [1969 c.606 §40]

Source: Section 552.603 — Financing construction, operation or maintenance of district works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 545.131 — OR Code / Title 45 / Chapter 545 / Section 545.131
545.131 Union or merger of districts
Status: in_force

An irrigation district may be merged and included within another irrigation district. The board of directors seeking merger shall present a petition showing the indebtedness of the district and its boundaries to the board of directors of the district in which it is desired to be included. The petition may be accepted or rejected by the latter board. If accepted, an election shall be ordered by the latter board in the district desiring to be included. At the election, the questions “Merger –Yes,” and “Merger –No,” shall be submitted to the qualified electors of the district and shall be determined by a majority vote of the qualified electors. The election shall be conducted in the same manner as an election for the organization of an irrigation district, and the board shall have the same powers and authority in conducting the election as are possessed by the county court in organizing an irrigation district. If the vote is “Merger–Yes,” the indebtedness of each district shall be determined and entered upon the records. A division of the indebtedness shall be ordered which shall be binding on the districts. Thereafter the districts shall be one district with the lands of the merged district included in the surviving district to the same extent and effect in all respects as if originally included. [Formerly 545.622]

Source: Section 545.131 — Union or merger of districts; petition; approval of board; election; indebtedness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 537.395 — OR Code / Title 45 / Chapter 537 / Section 537.395
537.395 Public recapture of water power rights and properties
Status: reserved

(1) Any certificate issued for power purposes to a person other than the United States, or the State of Oregon or any municipality thereof, shall provide that after the expiration of 50 years from the granting of the certificate or at the expiration of any federal power license, and after not less than two years’ notice in writing to the holder of the certificate, the State of Oregon, or any municipality thereof, may take over the dams, plants and other structures, and all appurtenances thereto, which have been constructed for the purpose of devoting to beneficial use the water rights specified in the certificate. The taking over shall be upon condition that before taking possession the state or municipality shall pay not to exceed the fair value of the property taken, plus such reasonable damages, if any, to valuable, serviceable and dependent property of the holder of the certificate, not taken over, as may be caused by the severance therefrom of the property taken.

(2) The fair value of the property taken and the severance damages, if any, shall be determined by agreement between the holder of the certificate and the state or municipality, or, in case they cannot agree, by proceedings in equity instituted by the state or municipality in the circuit court of the county in which the largest portion of the property is located.

(3) The right of the state or any municipality to take over, maintain and operate any property which has devoted to beneficial use water rights specified in the certificate, by condemnation proceedings upon payment of just compensation, is expressly reserved.

(4) The provision for the recapture of any rights other than for power purposes, as provided in this section, contained in any certificate issued before June 14, 1939, shall be of no force and effect and may be canceled from the records wherever recorded and a new certificate issued with the recapture clause eliminated.

(5) The owner of any certificate issued before June 14, 1939, for such rights may, upon surrendering the certificate, receive a new certificate therefor issued under and subject to the provisions of this section. [Formerly 537.290; and then 537.340]

Source: Section 537.395 — Public recapture of water power rights and properties; no recapture of other rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 550.260 — OR Code / Title 45 / Chapter 550 / Section 550.260
550.260 Plan for watershed and habitat improvement and landscape resilience
Status: in_force

(1) Intentionally left blank —Ed.

(a) The urban flood safety and water quality district shall prepare a plan for watershed and habitat improvement and landscape resilience within the managed floodplain. The watershed improvement plan shall be coordinated with plans or programs of other jurisdictions with authority over watershed management within the managed floodplain.

(b) The urban flood safety and water quality district may seek funding from other sources if the district determines that the watershed improvement plan would benefit the region or the state.

(2) Intentionally left blank —Ed.

(a) A watershed improvement plan prepared pursuant to this section must:

(A) Include existing and proposed works of the district and of other public and private agencies relating to flood safety and watershed health; and

(B) Demonstrate a basis for the coordination and planning of future works of the district, governmental agencies and private interests to contribute to improved water quality, fish and wildlife habitat and landscape resilience while reducing the risk of flooding, protecting persons and property from flood risk, improving response to flood emergencies and providing for conveyance of water for flood safety.

(b) A watershed improvement plan and works included in the plan must be based on assessments of data and information critical for evaluating and monitoring flood safety or watershed health.

(3) Intentionally left blank —Ed.

(a) The initial district board appointed under ORS 550.190 (Initial district board) (1) shall consider the projected scope of a watershed improvement plan and the impact of the plan on the cost of the district’s works in the course of developing methods of funding the operations of the district as provided in ORS 550.190 (Initial district board) (2).

(b) The board of directors shall complete a watershed improvement plan within three years following the date on which the first board of directors commence their terms of office as provided in ORS 550.195 (Board of directors) and 550.196 (Terms of first directors) .

(4) The district shall review and update the watershed improvement plan at least every 10 years. [2019 c.621 §12; 2022 c.16 §11]

Source: Section 550.260 — Plan for watershed and habitat improvement and landscape resilience; decennial review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 541.653 — OR Code / Title 45 / Chapter 541 / Section 541.653
541.653 Purpose and application of ORS 541.651 to 541.696
Status: in_force

(1) The purpose of ORS 541.651 (Definitions for ORS 541.651 to 541.696) to 541.696 (Standards for security of loans from account) is to establish a means for state government to support the development of water resource projects having economic, environmental and community benefits.

(2) The Legislative Assembly intends that any conditions or requirements described in ORS 541.651 (Definitions for ORS 541.651 to 541.696) to 541.696 (Standards for security of loans from account) apply only to projects that receive loans or grants from the Water Supply Development Account established in ORS 541.656 (Water Supply Development Account) . [2013 c.784 §2]

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

Source: Section 541.653 — Purpose and application of ORS 541.651 to 541.696 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 540.473 — OR Code / Title 45 / Chapter 540 / Section 540.473
540.473 Application for injunction
Status: in_force

In addition to any other available remedies, if the Water Resources Department has information that a person is violating or intends to violate a final order issued under ORS 540.461 (Plan and time frame for corrective action) , or concludes that a dam poses an imminent risk to life, property or public infrastructure, the department may apply to the circuit court for Marion County or to the circuit court for any county where all or part of the dam is located for a temporary or permanent injunction requiring the person to:

(1) Refrain from violation of the order; or

(2) Take any actions necessary to remedy an imminent risk to life, property or public infrastructure. [2019 c.390 §12]

Source: Section 540.473 — Application for injunction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 547.485 — OR Code / Title 45 / Chapter 547 / Section 547.485
547.485 Governing body of county to make assessment and levy upon failure of supervisors to do so
Status: in_force

In case of neglect or refusal of the board of supervisors to cause such assessment and levy to be made, the assessment and levy shall be made by the governing body of the county in which the office of the board of supervisors is situated, sitting for the transaction of county business, in the same manner that the court or board levies county taxes. The levy and assessment shall contain the apportionments and description of ownership holdings of each person assessed in the same manner as provided in ORS 547.475 (List of assessments and apportionments) and shall be certified to the assessor not later than July 15 in the manner provided in ORS 310.060 (Notice certifying taxes) . All expenses incident thereto shall be borne by the district. The levy and assessment shall be entered on the county tax roll by the county assessor in the manner provided in ORS 547.475 (List of assessments and apportionments) . [Amended by 1963 c.168 §2; 1991 c.459 §425o]

Source: Section 547.485 — Governing body of county to make assessment and levy upon failure of supervisors to do so , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 539.340 — OR Code / Title 45 / Chapter 539 / Section 539.340
539.340 Court decree
Status: in_force

(1) An agreement negotiated under ORS 539.310 (Negotiation for water rights) to 539.330 (Notice to persons affected by agreement) shall not be effective unless and until incorporated in a final court decree, after the court has provided an opportunity for an owner of a water right certificate or permit that may be affected by the agreement or for a claimant in an adjudication that may be affected by the agreement to submit an exception to the agreement.

(2) If the court does not sustain an exception, the court shall issue a final decree incorporating the agreement as submitted without alteration.

(3) If the court sustains an exception to the agreement, the court shall remand the agreement to the Water Resources Director for further negotiation according to the provisions of ORS 539.300 (Legislative findings) to 539.350 (Procedures after remand of agreement) , if desired by the parties to the agreement. [1987 c.81 §6; 1997 c.708 §1]

Source: Section 539.340 — Court decree; effective date of agreement; remand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html (accessed May 26, 2025).
ORS § 545.663 — OR Code / Title 45 / Chapter 545 / Section 545.663
545.663 Nature of proceeding
Status: in_force

The procedure in the circuit court under ORS 545.651 (Constructive consent of holders of outstanding indebtedness) , 545.655 (Notice of petition and terms of contract) and 545.659 (Hearing on petition) shall be in the nature of an equitable proceeding in rem. Any owner or holder of evidences of indebtedness affected by the court proceeding or any other interested party may appeal to the Court of Appeals at any time within 30 days after issuance of the judgment of the circuit court. The appeal must be heard and determined within three months from the time of taking the appeal. The court, in inquiring into the regularity, legality or correctness of the proceedings, shall disregard any error, irregularity or omission that does not affect the substantial rights of the parties. The Court of Appeals may approve the proceedings in part and disapprove the remainder. The costs of the proceedings may be allowed and apportioned between the parties in the discretion of the court. [Formerly 545.326; 2003 c.576 §504]

Source: Section 545.663 — Nature of proceeding; appeal; nonprejudicial errors; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 555.090 — OR Code / Title 45 / Chapter 555 / Section 555.090
555.090 Time for construction of works
Status: in_force

No contract shall be made by the Water Resources Commission which requires a greater time than five years for construction of the works. All contracts shall state that the work shall begin within six months from date of contract; that the contractor shall secure for the use and benefit of the reclamation system all necessary water rights, rights of way, reservoir sites, or other property necessary for its construction and operation; that construction shall be prosecuted diligently and continuously to completion; and that a cessation of work under the contract with the state for a period of six months, without the sanction of the commission, will forfeit to the state all rights under the contract. The commission may extend the time in which to begin the construction of works, or for the completion of work, on account of delay caused by physical or engineering difficulties beyond the power of the contractor to control.

Source: Section 555.090 — Time for construction of works; date of commencement; securing of water rights; cessation of work as causing forfeiture; extension of time , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 548.930 — OR Code / Title 45 / Chapter 548 / Section 548.930
548.930 Vote result requirements
Status: in_force

(1) Upon canvass of the votes, if it is found and declared by the district board that a majority of the qualified electors and landowners of the district, representing at least one-half of the acres of land assessed by the district, voted against the dissolution or reorganization of the district, the petition for dissolution or reorganization shall be denied and no further action shall be taken upon it. However, if it is found and declared that the majority voted for the dissolution or reorganization of the district, the district board shall, within 60 days after the date of the election, file in the circuit court of the county in which the registered office of the district is located, a petition requesting the court to examine and determine the regularity and legality and correctness of the proceedings and to determine and adjudicate the rights and liabilities of all interested parties in a manner which is equitable, reasonable and in the best interests of the parties. There shall be attached to and made a part of the district board petition a copy of the petition for dissolution or reorganization, as the case may be, of the electors and landowners as filed with the district secretary.

(2) If a petition for election is not filed as provided by this section within 30 days after the date of publication of notice as provided by ORS 548.920 (Notice of petition filing) (1) and (2), the district board shall file its petition in the circuit court within 90 days after the date notice is published. [1973 c.415 §8]

Source: Section 548.930 — Vote result requirements; filing petition with circuit court if vote favors reorganization or dissolution or if no election petition is filed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 543.075 — OR Code / Title 45 / Chapter 543 / Section 543.075
543.075 Definitions for ORS 543.075 to 543.092
Status: in_force

As used in ORS 543.075 (Definitions for ORS 543.075 to 543.092) to 543.092 (Amendment of hydroelectric water right or claim) :

(1) “1998 dollar” means a dollar amount that when adjusted for inflation or deflation equals the value of a dollar in 1998.

(2) “Holder” means a person authorized to operate a hydroelectric project under the authority of either a time-limited water right, a certificated water right or a pre-1909 uncertificated claim. “Holder” includes licensees, power claimants, uncertificated claimants and water right certificants.

(3) “Licensee” means a person authorized to operate a hydroelectric project through the means of a license containing a time-limited water right.

(4) “Power claimant” means a person authorized to operate a hydroelectric project through the means of a water right that does not expire.

(5) “Reauthorize” means the process by which a hydroelectric project holding a time-limited hydroelectric license acquires new authorization to continue operating for an additional fixed amount of time according to ORS chapter 543A.

(6) “Relicense” means the process by which the Federal Energy Regulatory Commission issues a new license to allow a hydroelectric project to continue operating past the expiration date of its current license.

(7) “Team” means a Hydroelectric Application Review Team created pursuant to ORS 543A.035 (Reauthorization application and public comment) , 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) or 543A.300 (Decommissioning) .

(8) “Uncertificated claimant” means a person authorized to operate a hydroelectric project through the means of an uncertificated claim established prior to 1909.

(9) “Water right certificant” means a person authorized to operate a hydroelectric project through the means of a time-limited certificated water right. [1999 c.873 §4]

Source: Section 543.075 — Definitions for ORS 543.075 to 543.092 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 549.150 — OR Code / Title 45 / Chapter 549 / Section 549.150
549.150 Considering benefits in assessing damages
Status: in_force

In assessing damages, the commissioners shall take into consideration all benefits which will accrue to the lands from the work contemplated.

Source: Section 549.150 — Considering benefits in assessing damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 550.370 — OR Code / Title 45 / Chapter 550 / Section 550.370
550.370 Notice requirements
Status: in_force

(1) Except as provided in subsection (2) of this section, when notice is required to be given by publication under ORS 550.150 (Purpose of ORS 550.150 to 550.410) to 550.410 (Additional cause of action for certain impairments of district works) , the notice must be published in a newspaper of general circulation within the boundaries of the urban flood safety and water quality district, or if there is no such newspaper, in a newspaper of general circulation in Multnomah County.

(2) This section does not apply to provision of notice for an election. [2019 c.621 §23]

Source: Section 550.370 — Notice requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 555.100 — OR Code / Title 45 / Chapter 555 / Section 555.100
555.100 Nonperformance by contractor
Status: in_force

(1) Upon the failure of any parties having contracts with the state for the construction of irrigation works, to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract with the state, to the satisfaction of the Water Resources Commission, the commission shall give the parties written notice of such failure. If after a period of 60 days from the sending of such notice they have failed to proceed with the work or to conform to the specifications of their contract with the state, or secure an extension of time, their contract and all works constructed thereunder shall be at once forfeited to the state.

(2) In case of any forfeiture, cancellation, or relinquishment of any contract to the state, the commission shall so declare and give notice once each week, for four weeks, in some newspaper of general circulation in the county in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of the forfeiture, cancellation, or relinquishment of the contract, and that upon a fixed day proposals will be received at the office of the commission for purchase of the incompleted works and for completion of the irrigation works in accordance with plans, specifications and other conditions prescribed by the commission, the time for receiving bids to be at least 60 days subsequent to the issuing of the last notice of forfeiture. The money received by the commission from sale of the partially completed works under the provisions of this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal, and the surplus, if any exists, shall be paid to the original contractors with the state.

Source: Section 555.100 — Nonperformance by contractor; forfeiture; notice of forfeiture; sale of incomplete works; disposal of proceeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 540.631 — OR Code / Title 45 / Chapter 540 / Section 540.631
540.631 Cancellation of forfeited water right
Status: in_force

Whenever it appears to the satisfaction of the Water Resources Commission upon the commission’s own determination or upon evidence submitted to the commission by any person that a perfected and developed water right has been forfeited as provided in ORS 540.610 (Use as measure of water right) (1), and would not be rebutted under ORS 540.610 (Use as measure of water right) (2), the commission shall initiate proceedings for the cancellation of such water right by causing written notice of such initiation of proceedings to be given by registered or certified mail, return receipt requested, to the legal owner of the lands to which the water right is appurtenant and to the occupant of such lands. The notice to the legal owner shall be addressed to the legal owner at the owner’s last address of record in the office of the county assessor of the county in which the lands are located. The notice shall contain a complete description of the water right and of the lands to which the water right is appurtenant. The notice shall state that the legal owner or the occupant has a period of 60 days from the date of the mailing of the notice within which to protest the proposed cancellation of the water right. [1955 c.670 §2; 1985 c.673 §97; 1989 c.699 §2; 1991 c.249 §53]

Source: Section 540.631 — Cancellation of forfeited water right; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 555.010 — OR Code / Title 45 / Chapter 555 / Section 555.010
555.010 Acceptance by state of conditions of Carey Act and grants thereunder
Status: in_force

The State of Oregon hereby accepts the conditions of section 4 of the Act of Congress approved August 18, 1894 (28 Stat. 422), and amendments thereto, known as the “Carey Act,” together with all grants of land to the state under the provisions of that Act.

Source: Section 555.010 — Acceptance by state of conditions of Carey Act and grants thereunder , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 537.627 — OR Code / Title 45 / Chapter 537 / Section 537.627
537.627 Time limit for issuing final order or scheduling contested case hearing
Status: in_force

(1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water) within 180 days after the department proceeds with the application under ORS 537.620 (Determination of completeness of application) (5).

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

(3) If the applicant does not request an extension under subsection (2) of this section and the department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the department proceeds with the application under ORS 537.620 (Determination of completeness of application) (5), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the department to issue a final order or schedule a contested case hearing on an application for a water right. The writ of mandamus shall compel the department to issue a water right permit, unless the department shows by affidavit that to issue a permit may result in harm to an existing water right holder. [1995 c.416 §31]

Source: Section 537.627 — Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.885 — OR Code / Title 45 / Chapter 537 / Section 537.885
537.885 Licensing or registration required for drilling of geotechnical hole
Status: in_force

The person responsible for the drilling of a geotechnical hole for which a report is required under ORS 537.880 (Policy) must have:

(1) A current monitoring well constructor’s license as specified in rules adopted by the Water Resources Commission;

(2) A current water supply well constructor’s license as specified in rules adopted by the commission;

(3) A current certificate of registration as a geologist issued under ORS 672.505 (Definitions for ORS 672.505 to 672.705) to 672.705 (Fees) ; or

(4) A current certificate of registration as an engineer issued under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties) . [2009 c.767 §3]

Source: Section 537.885 — Licensing or registration required for drilling of geotechnical hole , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.906 — OR Code / Title 45 / Chapter 541 / Section 541.906
541.906 Rules
Status: in_force

(1) In accordance with the applicable provisions of ORS chapter 183, the Oregon Watershed Enhancement Board shall adopt rules and standards to carry out the watershed enhancement program.

(2) The rules and standards adopted by the board under subsection (1) of this section shall include, but need not be limited to:

(a) Grant application requirements and review and selection criteria for projects to receive assistance or funding from the board, including funding from the Flexible Incentives Account established under ORS 541.937 (Flexible Incentives Account) .

(b) Criteria for distributing to those entities specified in ORS 541.932 (Watershed enhancement project assistance) those funds appropriated to the board for funding projects. The criteria shall include a process for periodic review of the distribution by the appropriate legislative committee.

(c) Conditions for approval by the board for implementation of a project including but not limited to:

(A) Provisions satisfactory to the board for inspection and evaluation of the implementation of a project including all necessary agreements to allow the board and employees of any cooperating agency providing staff services for the board access to the project area;

(B) Provisions satisfactory to the board for controlling the expenditure of and accounting for any funds granted by the board for implementation of the project;

(C) An agreement that those initiating the project will submit all pertinent information and research gained from the project to the board for inclusion in the centralized repository established by the board; and

(D) Provisions for the continued maintenance of the portion of the riparian area or associated uplands enhanced by the project. [Formerly 541.396]

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

Source: Section 541.906 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 545.097 — OR Code / Title 45 / Chapter 545 / Section 545.097
545.097 Exclusion of tracts
Status: in_force

The boundaries of any irrigation district organized under the Irrigation District Law may be changed, and tracts of land that were included within the boundaries of the district at or after its organization may be excluded from the district in the manner prescribed in ORS 545.097 (Exclusion of tracts) to 545.126 (Liability of excluded lands for district’s obligations) . However, a change of the boundaries of a district resulting from exclusion of lands from the district shall not impair or affect its organization, its right in or to property or any of its rights or privileges of whatever kind or nature. Exclusion of lands from the district shall not affect, impair, or discharge any contract, obligation, lien, or charge for or upon which the district would be liable or chargeable if the change of its boundaries had not been made, or if land had not been excluded from the district. [Formerly 545.602]

Source: Section 545.097 — Exclusion of tracts; effect on status of district, rights and liabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 550.410 — OR Code / Title 45 / Chapter 550 / Section 550.410
550.410 Additional cause of action for certain impairments of district works
Status: in_force

(1) As used in this section, “actionable condition” means a condition on public or private property that obstructs, clogs, damages, injures, reduces the efficiency of, impairs the usefulness of or otherwise has a negative impact on the district’s works.

(2) In addition to the remedies provided under ORS 550.390 (Waterway pollution) and 550.400 (Civil liability for remediation costs) , when an actionable condition exists, the district may bring a civil action in Multnomah County Circuit Court against the person or persons responsible for creating or maintaining the actionable condition.

(3) The civil action may include a request for one or more of the following remedies:

(a) Injunctive relief;

(b) Authority to enter onto the property to abate the actionable condition; and

(c) Remediation costs and damages that arise from the existence or abatement of the actionable condition. [2022 c.16 §18]

Source: Section 550.410 — Additional cause of action for certain impairments of district works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html (accessed May 26, 2025).
ORS § 543.220 — OR Code / Title 45 / Chapter 543 / Section 543.220
543.220 Notice of filing of application
Status: in_force

(1) If an application is made for a preliminary permit, after said application has been referred to hearing the Water Resources Commission shall give written notice of the filing of the application to:

(a) Any municipality or other person or corporation that, in the judgment of the commission, is likely to be interested in or affected by the proposed project; and

(b) The owner of any land that is:

(A) Adjacent to any portion of the stream in which the quantity of water will be decreased by the project; or

(B) Adjacent to the site of the proposed project.

(2) The commission shall also publish notice of the application once each week for at least two successive weeks and for such further time, if any, as the commission shall determine, in a newspaper of general circulation in each county in which the project covered by the application is located.

(3) No application for the appropriation or use of water for the development of 1,000 theoretical horsepower or more shall be granted until at least six months after the application for a preliminary permit has been filed. [Amended by 1961 c.224 §16; 1975 c.581 §27; 1985 c.569 §23; 2011 c.52 §9]

Source: Section 543.220 — Notice of filing of application; waiting period , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 545.245 — OR Code / Title 45 / Chapter 545 / Section 545.245
545.245 Right to immediate possession in condemnation proceeding
Status: in_force

At any time after the board of directors of an irrigation district or board of supervisors of a drainage district has commenced proceedings to acquire title to any land necessary for rights of way, or for construction, alteration, repair or reservoir purposes, the district may enter into possession of the land and begin such work as may be necessary to the development of the district. [Formerly 545.086]

Source: Section 545.245 — Right to immediate possession in condemnation proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 545.043 — OR Code / Title 45 / Chapter 545 / Section 545.043
545.043 Qualifications of directors
Status: in_force

(1) At the election for the organization of an irrigation district one director, who is a resident of Oregon and a bona fide owner, or a shareholder of a bona fide corporate owner, of land situated in the division, shall be elected from each division into which the district has been divided by the county court. If no division has been made, the directors shall be elected from the district at large. Terms of the directors so elected shall expire in one, two and three years, respectively, from the first Tuesday in January next succeeding their election. Their respective terms shall be decided by lot.

(2) Within 10 days after receiving the certificate of election provided for in ORS 545.153 (Statement of result) , the director shall take the official oath and file it in the office of the board of directors. [Formerly 545.014]

Source: Section 545.043 — Qualifications of directors; terms of office; oath , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.532 — OR Code / Title 45 / Chapter 540 / Section 540.532
540.532 Request for change in point of diversion to reflect historical use
Status: in_force

(1) Notwithstanding ORS 537.797 (Criteria for certification to determine work completion) , 540.510 (Appurtenancy of water to premises) , 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) , an individual may request a change in the point of diversion to reflect the historical use of water at a point of diversion other than that described in the water right certificate or decree if the individual complies with the provisions of subsection (2) of this section.

(2) An individual may request a change in the point of diversion under subsection (1) of this section if:

(a) The actual, current point of diversion has been in use for more than 10 years;

(b) The Water Resources Department has received no claim of injury as a result of the use of water from the current point of diversion prior to the request for the change of diversion;

(c) The individual requesting the change provides written notice to any other affected water right holder, as identified by the Water Resources Department, and the Water Resources Department provides notice of the request in the department’s public notice of water right applications; and

(d) The individual provides a map of sufficient detail and clarity to identify the true point of diversion including but not limited to:

(A) The county tax lot number, township, range and section, and to the nearest quarter-quarter section or latitude and longitude as established by a global positioning system; and

(B) The locations of the point of diversion as specified in the water right certificate or decree and the actual, current point of diversion.

(3) Upon receipt of a request for a change in the point of diversion under subsection (1) of this section, the Water Resources Department shall consult with the State Department of Fish and Wildlife to determine whether the historical point of diversion is:

(a) Equipped with an appropriate fish screening or by-pass device; or

(b) Included on the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989.

(4) If the historical point of diversion is included in the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989, the Water Resources Department, after consulting with the State Department of Fish and Wildlife, may require the installation of an appropriate fish screening or by-pass device at the point of diversion.

(5) When consulting with the State Department of Fish and Wildlife, the Water Resources Department shall determine whether the installation of an appropriate fish screening or by-pass device is necessary to prevent fish from leaving the body of water and entering the diversion.

(6) Any individual who is required to install a fish screening or by-pass device under this section at a point of diversion may participate in the State Department of Fish and Wildlife’s cost-sharing program for the installation of screening or by-pass devices. [1995 c.359 §3; 2007 c.625 §12]

Note: 540.532 (Request for change in point of diversion to reflect historical use) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 540 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 540.532 — Request for change in point of diversion to reflect historical use; requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 540.210 — OR Code / Title 45 / Chapter 540 / Section 540.210
540.210 Distribution from ditch or reservoir
Status: in_force

(1) Whenever any water users from any ditch or reservoir, either among themselves or with the owner thereof, are unable to agree relative to the distribution or division of water through or from the ditch or reservoir, either the owner or any such water user may apply to the watermaster of the district in which the ditch or reservoir is located, by written notice, setting forth such facts, and asking the watermaster to take charge of the ditch or reservoir for the purpose of making a just division or distribution of water from it to the parties entitled to the use thereof.

(2) The watermaster shall then take exclusive charge of the ditch or reservoir, for the purpose of dividing or distributing the water therefrom in accordance with the respective and relative rights of the various users of water from the ditch or reservoir, and shall continue the work until the necessity therefor shall cease to exist.

(3) The distribution and division of water shall be made according to the relative and respective rights of the various users from the ditch or reservoir, as determined by the Water Resources Director, by decree of the circuit court, or by written contract between all of the users filed with the watermaster.

(4) The circuit court having jurisdiction may request the watermaster of the district to take charge of any such ditch or reservoir, and to enforce any decree respecting such ditch or reservoir made under the jurisdiction of the court.

Source: Section 540.210 — Distribution from ditch or reservoir , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.082 — OR Code / Title 45 / Chapter 543 / Section 543.082
543.082 Invoice for fees
Status: in_force

(1) At least 45 days before the fees required under ORS 543.078 (Annual fee for hydroelectric project) or 543.080 (Project specific fees) become due, the Water Resources Department shall issue invoices to the holder for each fee.

(2) If any holder fails to pay the fees required under ORS 543.078 (Annual fee for hydroelectric project) or 543.080 (Project specific fees) within 15 days after the date specified in the invoice, the department shall notify the holder of the amount and nature of the overdue fee. Any such notice shall be sent to the holder by certified mail and shall include notification that the holder has 30 days from the date of the certified delivery of the notice to pay the overdue fee or the holder shall be subject to the late payment penalty provisions of subsection (3) of this section.

(3) Any fee that is not paid within 30 days of the date a holder receives certified delivery of the notice required under subsection (2) of this section shall be considered delinquent and shall be increased by 25 percent. In addition, the state shall have a preference lien for any such fee, together with interest at the rate of 10 percent per annum from the date of delinquency, upon the property of the holder used, or necessary for use, in the development of the water right, together with any improvements erected on the property for such development. Upon notice from the Water Resources Commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed.

(4) The remedy set forth in subsection (3) of this section is in addition to any other remedy provided by law for the collection of moneys or for noncompliance with a condition of a water right order, uncertificated claim or certification under ORS 468B.040 (Certification of hydroelectric power project) or 468B.045 (Certification of change to hydroelectric power project) . [1999 c.873 §7]

Source: Section 543.082 — Invoice for fees; overdue fee; interest on delinquent fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 541.982 — OR Code / Title 45 / Chapter 541 / Section 541.982
541.982 Working land conservation covenants and easements
Status: in_force

(1) An owner of working land may enter into a working land conservation covenant with or grant a working land conservation easement to an organization that is a holder, as defined in ORS 271.715 (Definitions for ORS 271.715 to 271.795) , other than a state agency. The covenant or easement must be for the purpose of ensuring the continued use of the land for agricultural purposes while maintaining or enhancing fish or wildlife habitat, improving water quality or supporting other natural resource values on the land. A working land conservation covenant must be for a term of years that is established as permissible in Oregon Agricultural Heritage Commission rules.

(2) In addition to the purposes required under subsection (1) of this section, a working land conservation covenant or working land conservation easement may provide for carrying out any purposes of a conservation easement, as defined in ORS 271.715 (Definitions for ORS 271.715 to 271.795) . The covenant or easement must provide for carrying out those additional purposes in a manner consistent with ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act) .

(3) A working land conservation covenant or working land conservation easement must:

(a) Provide for regular monitoring by the organization accepting the covenant or easement to ensure that the owner of the working land is adhering to the covenant or easement provisions; and

(b) If identical in duration to a conservation management plan for the working land, refer to the conservation management plan in the text of the covenant or easement.

(4) An organization that enters into, or proposes to enter into, a working land conservation covenant or accept a working land conservation easement may apply to the Oregon Watershed Enhancement Board for a grant to fund the purchasing, implementing, carrying out or monitoring of the covenant or easement.

(5) An application under subsection (4) of this section may be combined with an application under ORS 541.981 (Conservation management plans for working lands) for a grant to fund a conservation management plan associated with the working land conservation covenant or working land conservation easement. [2017 c.716 §5]

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

Source: Section 541.982 — Working land conservation covenants and easements; requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 549.380 — OR Code / Title 45 / Chapter 549 / Section 549.380
549.380 Acquisition of property necessary to improvement
Status: in_force

Whenever a county court finds it necessary, in order to carry out any of the purposes mentioned in ORS 549.310 (Application of ORS 549.320 to 549.400) to 549.370 (Maintenance of work) , to condemn, acquire or appropriate any land, property or right of any nature, it shall so declare its intention by resolution spread on the records of the court, setting out the necessity that exists. If it is unable to agree with the owner for the purchase of such land, property or right, the district attorney for the county, upon request of the county court, shall commence and prosecute in any court of competent jurisdiction, in the name of the county, any necessary suit, action or proceeding for the condemnation of such land, property or right, for such public use. The procedure in such suit, action or proceeding shall be, as far as applicable, the procedure provided by law for the condemnation of lands or rights of way by public or quasi-public corporations for public use or for corporate purposes; provided, nothing in this section shall be construed to require the county to make or tender compensation prior to the condemnation and taking possession of such land, property or right.

Source: Section 549.380 — Acquisition of property necessary to improvement; condemnation; prior payment of compensation unnecessary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html (accessed May 26, 2025).
ORS § 545.473 — OR Code / Title 45 / Chapter 545 / Section 545.473
545.473 Districts providing for collection of charges by board secretary
Status: in_force

Upon approval by the board of directors, an irrigation district that provides for collection of operation and maintenance charges by the secretary of the board in accordance with ORS 545.471 (Charges for water supply) , and that has outstanding operation and maintenance warrants that have been issued for more than one year, may levy a charge not to exceed 20 percent of the annual rates fixed for operation and maintenance. The charge shall be levied and collected for the purpose of retiring outstanding operation and maintenance warrants of the district. [Formerly 545.542]

Source: Section 545.473 — Districts providing for collection of charges by board secretary; levy of percentage of annual rates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.947 — OR Code / Title 45 / Chapter 541 / Section 541.947
541.947 Watershed Conservation Grant Fund
Status: in_force

(1) The Watershed Conservation Grant Fund is established separate and distinct from the General Fund. The Watershed Conservation Grant Fund shall consist of all moneys placed in the fund as provided by law. All moneys in the Watershed Conservation Grant Fund are continuously appropriated to the Oregon Watershed Enhancement Board for grants to fund projects described in ORS 541.958 (Criteria for project receiving moneys from Watershed Conservation Grant Fund) that use grant moneys as provided under ORS 541.956 (Watershed Conservation Grant Fund purposes) . Interest accruing to the Watershed Conservation Grant Fund shall be credited to the fund. Watershed Conservation Grant Fund moneys appropriated and not expended by the completion of a biennium shall remain in the Watershed Conservation Grant Fund.

(2) The board also may accept gifts and grants from any public or private source for the purpose of providing the grants described in this section. [2011 c.643 §12]

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

Source: Section 541.947 — Watershed Conservation Grant Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 541.989 — OR Code / Title 45 / Chapter 541 / Section 541.989
541.989 Commission duties
Status: in_force

(1) The Oregon Agricultural Heritage Commission shall:

(a) Assist the Oregon Watershed Enhancement Board with the development of rules for the administration of programs under ORS 541.977 (Definitions for ORS 541.977 to 541.989) to 541.989 (Commission duties) ;

(b) Adopt rules establishing three or more permissible terms of years, that are not less than 20 or more than 50 years, for working land conservation covenants formed under ORS 541.982 (Working land conservation covenants and easements) ;

(c) Recommend policies and priorities for use by the board in evaluating the farm or ranch values, and the fish or wildlife habitat, water quality or other natural resource values, on working land described in a grant application filed under ORS 541.981 (Conservation management plans for working lands) or 541.982 (Working land conservation covenants and easements) ;

(d) Review and consider the recommendations of technical committees appointed under ORS 541.984 (Grant programs) ;

(e) Consult with the board concerning grant applications;

(f) Provide conservation management plan, working land conservation covenant and working land conservation easement funding recommendations to the board based on the availability of funding from the Oregon Agricultural Heritage Fund; and

(g) Provide funding recommendations to the Legislative Assembly, or recommendations for grant funding to the board, to provide training and support to owners of working land, or persons advising owners of working land, regarding succession planning for the lands.

(2) The commission’s recommendations for funding under subsection (1)(g) of this section may include recommendations for funding succession planning programs through the Oregon State University Extension Service only if the university has presented the commission with a program proposal for review. If a commission recommendation for funding succession planning programs through the university extension service is adopted, the university shall provide the commission with an annual report regarding each program. [2017 c.716 §10]

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

Source: Section 541.989 — Commission duties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 548.945 — OR Code / Title 45 / Chapter 548 / Section 548.945
548.945 Written assent of Secretary of Interior required before judgment if district has federal contract
Status: in_force

If a contract authorized by law has been made between the district and the United States for the construction, operation or maintenance of necessary works or for a water supply, a judgment may not be entered by the court until written assent to the judgment by the Secretary of the Interior has been filed with the court. [1973 c.415 §11; 2003 c.576 §517]

Source: Section 548.945 — Written assent of Secretary of Interior required before judgment if district has federal contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 545.498 — OR Code / Title 45 / Chapter 545 / Section 545.498
545.498 Surety bond to be given by board secretary prior to handling district funds
Status: in_force

Before handling or receiving any funds or collecting any incurred charges as provided in ORS 545.482 (Authorization of method for billing and collecting incurred charges) to 545.508 (Moneys collected) , the secretary of the district shall give a good and sufficient surety bond by an authorized surety company, in an amount that the board of directors may determine. The cost of the bond shall be paid by the district. The bond shall be approved by the board and filed in the office of the district. The amount of the bond may be varied from time to time by order of the board. [Amended by 1991 c.459 §423h; 1995 c.42 §117; 2001 c.476 §6]

Source: Section 545.498 — Surety bond to be given by board secretary prior to handling district funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 554.130 — OR Code / Title 45 / Chapter 554 / Section 554.130
554.130 Assessments
Status: in_force

(1) The board of directors shall each year on or before a day fixed in the bylaws of the corporation, and if not therein fixed then on or before September 1 of each year, make a computation of the whole amount of money to be raised by the corporation through assessments for the ensuing year for any purposes whatsoever, including maintenance and operation, estimated delinquencies on assessments, principal and interest of indebtedness maturing, and such reserves as may be necessary or provided by the bylaws of the corporation.

(2) This amount when so determined by the board shall be an assessment upon all the land described in the articles of incorporation and apportioned to each and every acre or parcel thereof as provided in the bylaws of the corporation or the recorded landowners’ notice subject to its limitations, restrictions and provisions. Unless the board requires the assessment to be paid in advance of the delivery of water, the assessments shall become due and payable in quarter-annual installments, the first of which shall become due three months after the date fixed for the assessment in the bylaws, and if not fixed therein such assessment shall become due within three months after September 1 of each year, and shall bear interest at the rate of two-thirds of one percent per month from the maturity of each installment until paid. Any unpaid assessment and the lien thereof as provided in this section shall be delinquent after the date of maturity of the last installment thereof and may be enforced and foreclosed. Upon the sale of any lands on such foreclosure the corporation or any member thereof or any creditor of the corporation or other person may be a bidder and purchaser. When the bylaws provide rates, tolls, charges, fees, fines and assessments for the use of water or for the use of any of the works of the corporation, the bylaws shall also provide for the time and manner of collection thereof.

(3) Notwithstanding the provisions of subsection (2) of this section, the board may certify the assessments including any interest thereon to the county assessor of the county in which the assessed lands lie. Such assessments, if certified and presented after July 15 and on or before the following July 15, shall be assessed against the premises serviced on the next assessment and tax roll prepared after July 15 by the tax assessor of the county in which the corporation is situated. The assessments shall thereupon be collected by the tax collector and distributed to the treasurer of the nonprofit corporation in the same manner as taxes and other charges on the assessment and tax roll are certified, assessed, collected and distributed.

(4) The treasurer of the nonprofit corporation shall keep the proceeds of the assessments in appropriate accounts depending upon the purpose of the assessments, and disbursements for the expenses of the corporation shall be paid out of the appropriate account. [Amended by 1971 c.436 §1; 1973 c.93 §1; 1983 c.652 §1; 1995 c.233 §4; 1997 c.819 §15]

Source: Section 554.130 — Assessments; certification; collections; lien; foreclosure; service charges; disposition of proceeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html (accessed May 26, 2025).
ORS § 545.091 — OR Code / Title 45 / Chapter 545 / Section 545.091
545.091 Inclusion of lands not subject to charges of district
Status: in_force

The boundaries of a district may for administrative convenience encompass lands that are not subject to the charges and assessments of the district, without regard to whether the lands are susceptible to irrigation. An owner whose land is within the boundaries of a district but is not subject to the charges and assessments of the district does not have the rights or duties of an elector or owner of land under this chapter. [1999 c.452 §2]

Note: 545.091 (Inclusion of lands not subject to charges of district) was added to and made a part of ORS chapter 545 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 545.091 — Inclusion of lands not subject to charges of district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 541.855 — OR Code / Title 45 / Chapter 541 / Section 541.855
541.855 Biennial report to Legislative Assembly and Governor
Status: in_force

The Water Resources Commission shall make available to the Legislative Assembly and the Governor a biennial report of the transactions of the Water Development Fund and the Water Development Administration and Bond Sinking Fund in such detail as will accurately indicate the transactions and the condition of the funds. [1977 c.246 §29; 1985 c.673 §128]

Source: Section 541.855 — Biennial report to Legislative Assembly and Governor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).
ORS § 537.850 — OR Code / Title 45 / Chapter 537 / Section 537.850
537.850 Suits to protect state interests
Status: in_force

In the event of any violation or attempt to violate any of the provisions of ORS 537.801 (Definitions) to 537.860 (Vested rights protected) , the Governor shall cause to be instituted such suits and actions as may be necessary to protect and defend the sovereign rights and interests of the state in the premises. Persons are given right of redress against such violator at private suit or action under any appropriate remedy at law or in equity.

Source: Section 537.850 — Suits to protect state interests; right of redress to private persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 543a.080 — OR Code / Title 45 / Chapter 543a / Section 543a.080
543A.080 Submission of preliminary application information
Status: in_force

Within 30 days after an applicant provides a notice of intent under ORS 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) , the applicant shall provide to the Water Resources Department a preliminary application, which shall be the first-stage consultation document of the Federal Energy Regulatory Commission. The preliminary application shall include the following information:

(1) Detailed maps showing existing project boundaries, if any, proper land descriptions of the entire project area by township, range and section, and also showing the specific location of all existing and proposed project facilities, including but not limited to roads, transmission lines and other appurtenant facilities;

(2) A general engineering design of the existing project and any proposed changes, with a description of any existing or proposed diversion of a stream through a canal or a penstock;

(3) A summary of the existing operational mode of the project and any proposed changes;

(4) Identification of the environment affected or to be affected, the significant resources and hazards present and the applicant’s existing and proposed environmental protection, mitigation and enhancement plans, to the extent known at that time;

(5) Streamflow and water information;

(6) Detailed descriptions of any proposed studies and the proposed methodologies to be employed; and

(7) Any other information required in the application form provided by the department. [1997 c.449 §16]

Source: Section 543A.080 — Submission of preliminary application information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html (accessed May 26, 2025).
ORS § 555.507 — OR Code / Title 45 / Chapter 555 / Section 555.507
555.507 Board of directors
Status: in_force

(1) The authority of a sand control district is vested in a district board consisting of three members. Upon taking office, a board member shall take, and subscribe to, an oath of office to support the Constitution and laws of the United States and of the State of Oregon and to honestly and faithfully perform the duties imposed upon the member under the laws of Oregon.

(2) The district board:

(a) Shall hold at least one regular meeting in each calendar month, on a day fixed by the board, and may hold special meetings as the board determines.

(b) Shall hold meetings at times and places within the district as the board determines.

(c) Shall, at the time of its organization, choose from the members a president, a secretary and a treasurer, who hold those offices until the first regular meeting in January, or until their successors are chosen and qualified.

(d) May call a special election at any regular meeting of the district.

(3) A majority of the members constitutes a quorum to conduct business and, in the absence of the member serving as president, another member may preside at a meeting.

(4) The secretary of the district shall:

(a) Assign position numbers one to three to the offices of board members;

(b) Certify the assigned position numbers to the member holding the office; and

(c) File a copy of the certification with the district elections officer.

(5) Except as provided in ORS 555.514 (Qualifications to serve on board) , the term of office of a board member is four years.

(6) The district board shall fill a vacancy on the board as provided in ORS 198.320 (Filling of vacancies on governing bodies of certain districts) . [2015 c.560 §2]

Source: Section 555.507 — Board of directors; meetings; quorum , https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html (accessed May 26, 2025).
ORS § 545.673 — OR Code / Title 45 / Chapter 545 / Section 545.673
545.673 Terms of contract
Status: in_force

Notwithstanding any other statute expressly or impliedly limiting the powers of the parties named in this section to enter into a contract, a contract under ORS 545.671 (Contract providing plan of liquidation) to 545.679 (Recording of contract) may provide a plan for liquidation of any indebtedness of the district to which all the parties may agree. The contract may provide for terms of discount of the principal and interest, times and manner of payment and apportionment of the obligations of the contract over the irrigable or other lands. The contract may also provide for the manner and method of making assessments for payment of the principal and interest agreed to be paid, and for the issuance of certificates or other evidences of participation in the contract by the owners or holders of evidences of indebtedness of the district. The contract may contain a provision permitting the release of any land in the district from any lien created by the contract to secure the payment of the obligations of the contract as to that land or relieving any land in the district from any obligation to pay any assessment thereafter levied for the purpose of meeting the obligations or interest accruing under the contract. The contract may provide that the release or relief of land from liens or obligations under the contract may be done by payment to the district of an amount of money as provided in the contract, or by delivery of bonds or coupons or other evidence of participation in the contract. [Formerly 545.354]

Source: Section 545.673 — Terms of contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 547.495 — OR Code / Title 45 / Chapter 547 / Section 547.495
547.495 Crops bound by lien
Status: in_force

All drainage districts organized pursuant to the provisions of the Drainage District Act shall have a lien on all crops grown on lands within such districts for that portion of the annual charges or assessments, levied against the lands on which the crops are grown, or imposed upon the owners or occupants of the land, that are for maintenance and operation of such districts. This lien shall be prior to every other lien, mortgage or encumbrance on the crop, except labor liens now granted by the laws of Oregon and crop mortgages given by landowners in the district to federal or state loaning agencies set up by the federal government or the state to secure loans, the proceeds of which are used in the production of crops of such landowners, provided such loaning agencies certify to the districts that such loans cannot otherwise be made to the landowners. The lien shall be in addition to any other lien securing the payment of maintenance and operation charges or assessments, and shall be a continuing one and shall bind the crops after, as well as before, they have been gathered; provided, that the share of any tenant who has leased such lands on a share rent basis shall be exempt from the lien to the extent of three-fourths of the entire crop. [Amended by 1991 c.459 §425q]

Source: Section 547.495 — Crops bound by lien; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html (accessed May 26, 2025).
ORS § 540.585 — OR Code / Title 45 / Chapter 540 / Section 540.585
540.585 Temporary transfers within Deschutes River Basin
Status: in_force

(1) In accordance with the provisions of this section, a person may request that the Water Resources Department approve the temporary transfer of the place of use and type of use and temporarily change the point of diversion if necessary to convey water to the new temporary place of use, of all or a portion of a water right, for a period not to exceed 25 years if:

(a) The person holds a water use subject to transfer;

(b) The type of use specified in the original water use subject to transfer is irrigation;

(c) The person to whom the right is transferred is:

(A) Located within the Deschutes River Basin; and

(B) A city, a quasi-municipal corporation, a domestic water supply district formed under ORS chapter 264, a water supplier as defined in ORS 448.115 (Definitions for ORS 448.115 to 448.285) or a water authority formed under ORS chapter 450;

(d) The proposed use is municipal use; and

(e) The proposed temporary transfer will not result in injury to any existing water right.

(2) An application for a temporary transfer under this section shall:

(a) Be submitted in writing to the Water Resources Department;

(b) Be accompanied by the appropriate fee for a change in the place of use and type of use as set forth in ORS 536.050 (Fees) ;

(c) Include the information required under ORS 540.520 (Application for change of use, place of use or point of diversion) (2); and

(d) Include any other information the Water Resources Commission by rule may require.

(3) Intentionally left blank —Ed.

(a) Any portion of the use of a water right that is not temporarily transferred under this section may be used on the designated part of the lands described in the original water right permit, certificate or adjudication under ORS chapter 539 as evidenced by a court decree, if the use does not encompass more than the remaining portion of the lands, enlarge the water right or increase the rate, duty, total acreage benefited or season of use.

(b) The Water Resources Department shall designate the lands on which water may be applied under this subsection and shall prescribe mapping, measurement and recording requirements under this subsection.

(4) Upon expiration of a temporary transfer period, all uses of water for which a temporary transfer is allowed under this section shall revert automatically to the terms and conditions of the original water right permit, certificate or adjudication under ORS chapter 539 as evidenced by a court decree.

(5) The time during which water is used under an approved temporary transfer order does not apply toward a finding of forfeiture under ORS 540.610 (Use as measure of water right) .

(6) The department may revoke a prior approval of a temporary transfer at any time if:

(a) The department finds that the transfer is causing injury to any existing water right; or

(b) The person fails to comply with the requirements prescribed by the department pursuant to subsection (3) of this section.

(7) The department shall provide notice, in the manner provided in ORS 540.520 (Application for change of use, place of use or point of diversion) (5), that the department received an application for a temporary transfer under this section.

(8) The department may:

(a) Prescribe the duration of the temporary transfer period allowed under this section, up to 25 years;

(b) Impose conditions in the terms of the temporary transfer, including revocation of the transfer for noncompliance with applicable state, local or federal laws; and

(c) Determine the parties that may participate in the review of applications submitted under this section. [2003 c.705 §6]

Source: Section 540.585 — Temporary transfers within Deschutes River Basin; procedure; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 545.418 — OR Code / Title 45 / Chapter 545 / Section 545.418
545.418 Meeting of board
Status: in_force

The board of directors shall meet annually on a date specified by the board as a board of equalization. As a board of equalization, the board of directors shall continue in session from day to day, as long as necessary, to hear and determine any objections by any interested persons to the assessments and apportionment of assessments made under the Irrigation District Law. The board of directors shall also hear and determine any other matters connected with assessments and their apportionment that may come before them. The board shall change its assessment and apportionment and the list and record of the assessment and apportionment in any respect and manner that may be necessary to make the assessment and apportionment just and in accordance with the facts. The secretary of the board of directors shall be present during sessions of the board of equalization, and shall note all changes made in the assessment, apportionments, lists and records and names of the persons whose property is listed. [Formerly 545.450]

Source: Section 545.418 — Meeting of board; duration; hearing and determination of objections to assessments and apportionment; changes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 540.520 — OR Code / Title 45 / Chapter 540 / Section 540.520
540.520 Application for change of use, place of use or point of diversion
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except when the application is made under ORS 541.327 (Failure or refusal of district to act) or when an application for a temporary transfer is made under ORS 540.523 (Temporary transfer of water right or permit) , if the holder of a water use subject to transfer for irrigation, domestic use, manufacturing purposes, or other use, for any reason desires to change the place of use, the point of diversion, or the use made of the water, an application to make such change, as the case may be, shall be filed with the Water Resources Department.

(b) A holder of a water right certificate that authorizes the storage of water may change the type of use identified in the water right certificate, as described in this section.

(2) The application required under subsection (1) of this section shall include:

(a) The name of the owner;

(b) The previous use of the water;

(c) A description of the premises upon which the water is used;

(d) A description of the premises upon which it is proposed to use the water;

(e) The use that is proposed to be made of the water;

(f) The reasons for making the proposed change; and

(g) Evidence that the water has been used over the past five years according to the terms and conditions of the owner’s water right certificate or that the water right is not subject to forfeiture under ORS 540.610 (Use as measure of water right) .

(3) If the application required 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 department, at the discretion of the Water Resources Director, may waive or assist the applicant in satisfying the requirements of subsection (2)(c) and (d) of this section. The assistance provided by the department may include, but need not be limited to, development of an application map.

(4) If the application is to change the point of diversion, the transfer shall include a condition that the holder of the water right provide a proper fish screen at the new point of diversion, if requested by the State Department of Fish and Wildlife.

(5) Upon the filing of the application the department shall give notice by publication in a newspaper having general circulation in the area in which the water rights are located, for a period of at least two weeks and not less than one publication each week. The notice shall include the date on which the last notice by publication will occur. The cost of the publication shall be paid by the applicant in advance to the department. In applications for only a change in place of use or for a change in the point of diversion of less than one-fourth mile, and where there are no intervening diversions between the old diversion of the applicant and the proposed new diversion, no newspaper notice need be published. The department shall include notice of such applications in the weekly notice published by the department.

(6) Within 30 days after the last publication of a newspaper notice of the proposed transfer or the mailing of the department’s weekly notice, whichever is later, any person may file, jointly or severally, with the department, a protest against approval of the application.

(7) If a timely protest is filed, or in the opinion of the Water Resources Director a hearing is necessary to determine whether the proposed changes as described by the application would result in injury to existing water rights, the department shall hold a hearing on the matter. Notice and conduct of the hearing shall be under the provisions of ORS chapter 183, pertaining to contested cases, and shall be held in the area where the rights are located unless all parties and persons who filed a protest under this subsection stipulate otherwise.

(8) An application for a change of use under this section is not required if the beneficial use authorized by the water use subject to transfer is irrigation and the owner of the water right uses the water for incidental agricultural, stock watering and other uses related to irrigation use, so long as there is no increase in the rate, duty, total acreage benefited or season of use.

(9) A water right transfer under subsection (1) of this section is not required for a general industrial use that was not included in a water right certificate issued for a specific industrial use if:

(a) The quantity of water used for the general industrial use is not greater than the rate allowed in the original water right and not greater than the quantity of water diverted to satisfy the authorized specific use under the original water right;

(b) The location where the water is to be used for general industrial use was owned by the holder of the original water right at the time the water right permit was issued; and

(c) The person who makes the change in water use provides the following information to the Water Resources Department:

(A) The name and mailing address of the person using water under the water right;

(B) The water right certificate number;

(C) A description of the location of the industrial facility owned by the holder of the original water right at the time the water right permit was issued; and

(D) A description of the general industrial use to be made of the water after the change. [Amended by 1983 c.807 §1; 1985 c.673 §94; 1987 c.339 §3; 1989 c.1000 §7; 1995 c.274 §7; 1995 c.490 §2; 1997 c.42 §3; 1999 c.555 §4; 1999 c.664 §2; 2011 c.52 §6; 2021 c.633 §2]

Source: Section 540.520 — Application for change of use, place of use or point of diversion; public notice; protest; hearing; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).
ORS § 543.410 — OR Code / Title 45 / Chapter 543 / Section 543.410
543.410 Construction of project
Status: in_force

(1) The licensee shall commence the construction of the project works within the time fixed in the license, which shall not be more than two years from the date thereof, shall thereafter in good faith and with due diligence prosecute such construction, and shall, within the time fixed in the license, complete and put into operation such part of the ultimate development as the Water Resources Commission considers necessary to supply the reasonable needs of the then available market, and shall, from time to time thereafter construct such portion of the balance of the development as the commission directs, so as to supply adequately the reasonable market demands until development is completed.

(2) The period for commencement of construction may be extended once but not longer than two additional years, and the period for the completion of construction carried on in good faith and with reasonable diligence may be extended by the commission when not incompatible with the public interests.

(3) If the licensee does not commence actual construction of the project works or of any specified part of the project works, within the time prescribed in the license or as extended by the commission, then, after due notice given, the license shall, as to the project works or part of the project works, be terminated upon written order of the commission. [Amended by 1985 c.673 §155]

Source: Section 543.410 — Construction of project; time for commencement and completion; supply of service; extension of time; nonperformance; termination of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html (accessed May 26, 2025).
ORS § 551.130 — OR Code / Title 45 / Chapter 551 / Section 551.130
551.130 Organization of repair and maintenance district for land already diked
Status: in_force

Owners of land already diked may organize districts for the repair and maintenance of the dikes and dams thereof by complying with the procedure prescribed in this chapter, except that the petition need not be signed by more persons than the owners of more than one-half of the acreage embraced in the limits of the proposed district. The board of viewers shall provide for placing the dikes and dams in thorough repair and up to a uniform standard, and shall levy the cost of such repairs in the first instance, not upon the assessed valuation of the lands, but in proportion to the benefits conferred. The value of the dikes and dams as they stand shall be estimated and due credit given to the lands which have borne the original cost of construction; provided, such credit shall entitle the land to no consideration greater than release from the cost of repairs in the first instance.

Source: Section 551.130 — Organization of repair and maintenance district for land already diked; levy in proportion to benefits; credit for original cost , https://www.­oregonlegislature.­gov/bills_laws/ors/ors551.­html (accessed May 26, 2025).
ORS § 553.035 — OR Code / Title 45 / Chapter 553 / Section 553.035
553.035 Application of election laws
Status: in_force

(1) ORS chapter 255 governs the following:

(a) The nomination and election of directors of the district board.

(b) The conduct of district elections.

(2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 (Prospective petition) to 255.205 (Retention of petition materials) .

(3) A person may vote in a district election only if the person is an elector registered in the district. However, in any district in which there are no electors registered in the district and the property is used for business, industrial or farming purposes and is nonresidential in character, all owners of property located within the district may vote, and the authorized officer or representative of any corporation owning land in the district may vote for the corporation landowner. [1983 c.350 §311]

Source: Section 553.035 — Application of election laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html (accessed May 26, 2025).
ORS § 537.820 — OR Code / Title 45 / Chapter 537 / Section 537.820
537.820 Application of provisions to waters forming common boundary between states
Status: in_force

ORS 537.801 (Definitions) to 537.860 (Vested rights protected) shall also apply to the waters located within the boundaries of this state of any river, stream, lake or other body of water serving as part of the common boundary of this state and any other state and over which this state has concurrent jurisdiction, except that said sections shall not apply to the diversion, impoundment or appropriation of waters for the development of hydroelectric energy, flood control, irrigation or other uses in waters forming a boundary of the state in cases where such waters are not to be diverted from the drainage basin wherein such waters are located.

Source: Section 537.820 — Application of provisions to waters forming common boundary between states , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 545.551 — OR Code / Title 45 / Chapter 545 / Section 545.551
545.551 Application of ORS 545.553 and 545.555
Status: in_force

ORS 545.553 (Petition for election on authorization and issuance of bonds) and 545.555 (Holding election) apply to an election to authorize the issuance of bonds by a district formed pursuant to a petition filed under ORS 545.025 (Purposes of irrigation district) (7). [Formerly 545.228]

Source: Section 545.551 — Application of ORS 545.553 and 545.555 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors545.­html (accessed May 26, 2025).
ORS § 548.405 — OR Code / Title 45 / Chapter 548 / Section 548.405
548.405 Loss of certificates or receipts issued by county treasurer for securities
Status: in_force

Whenever one claiming to be a lawful owner of a certificate of deposit or receipt issued by the county treasurer, covering securities issued by an irrigation or drainage district, satisfies the county treasurer that such certificate of deposit or receipt has been lost, stolen or destroyed and that the claimant is the owner thereof, the county treasurer may surrender the securities evidenced by such certificate of deposit or receipt, or deliver any securities or moneys on deposit with the county treasurer received in payment for the securities evidenced by such certificate of deposit or receipt to the claimant, upon filing a surety bond as provided in ORS 548.415 (Surety bond) . [Amended by 1989 c.182 §40]

Source: Section 548.405 — Loss of certificates or receipts issued by county treasurer for securities; surrender of securities by county treasurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html (accessed May 26, 2025).
ORS § 552.133 — OR Code / Title 45 / Chapter 552 / Section 552.133
552.133 Election on formation
Status: in_force

If an election is called on the question of formation, it shall be held on a date specified in ORS 255.345 (Special election dates) . An order creating a district shall include the maximum rate of any ad valorem tax levy for the district. [1969 c.606 §7; 1971 c.727 §165; 1983 c.350 §299]

Source: Section 552.133 — Election on formation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors552.­html (accessed May 26, 2025).
ORS § 537.390 — OR Code / Title 45 / Chapter 537 / Section 537.390
537.390 Valuation of water rights
Status: in_force

In any valuation for rate-making purposes, or in any proceeding for the acquisition of rights to the use of water and the property used in connection therewith, under any license or statute of the United States or under the laws of Oregon, no value shall be recognized or allowed for such rights in excess of the actual cost to the owner of perfecting them in accordance with the provisions of the Water Rights Act. [Formerly 537.280; and then 537.335]

Source: Section 537.390 — Valuation of water rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 537.769 — OR Code / Title 45 / Chapter 537 / Section 537.769
537.769 Local regulation of wells and water well constructors
Status: in_force

The Legislative Assembly finds that ground water protection is a matter of statewide concern. No ordinance, order or regulation shall be adopted by a local government to regulate the inspection of wells, construction of wells or water well constructors subject to regulation by the Water Resources Commission or the Water Resources Department under ORS 537.747 (Water well constructor’s license) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) . [1989 c.129 §3]

Source: Section 537.769 — Local regulation of wells and water well constructors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html (accessed May 26, 2025).
ORS § 541.386 — OR Code / Title 45 / Chapter 541 / Section 541.386
541.386 Dams and use of water for hydroelectric generation on North Umpqua prohibited
Status: in_force

(1) No person shall construct, operate or maintain, and no officer or agency of this state shall issue any permit for the construction, operation or maintenance of, any dam or hydroelectric facility on:

(a) That portion of the North Umpqua River between Soda Springs Dam and the confluence of the North Umpqua River and South Umpqua River; or

(b) The main stem Umpqua River from the confluence of the North Umpqua River and the South Umpqua River to the ocean.

(2) Nothing in this section applies to the repair, structural repair, maintenance or improvement of any dam constructed on the North Umpqua River prior to November 1, 1981, with the approval of the Water Resources Commission and the State Department of Fish and Wildlife. The commission and the State Department of Fish and Wildlife shall not unreasonably withhold or delay such approval, but may withhold approval for reasonable cause, including but not limited to a substantiated finding that the repairs, structural repairs, maintenance or improvements:

(a) Fail to comply with applicable safety rules or regulations;

(b) Raise the height of the dam; or

(c) Diminish the current ability of anadromous fish to travel past the dam.

(3) No person shall appropriate and no officer or agency of this state shall issue or approve any license, permit or certificate for the use of water for hydroelectric generation at a dam at the location referred to in subsection (1) of this section. [Formerly 541.875]

Source: Section 541.386 — Dams and use of water for hydroelectric generation on North Umpqua prohibited; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html (accessed May 26, 2025).