ORS § 517.140 — OR Code / Title 43 / Chapter 517 / Section 517.140
517.140 Legislative findings
Status: in_force

The Legislative Assembly finds that:

(1) Prospecting, small scale mining and recreational mining are part of the unique heritage of the State of Oregon.

(2) Prospecting, small scale mining and recreational mining provide economic benefits to the State of Oregon and local communities and support tourism, small businesses and recreational opportunities, all of which are economic drivers in Oregon’s rural communities.

(3) Exploration of potential mine sites is necessary to discover the minerals that underlie the surface and inherently involves natural resource disturbance.

(4) Mining that uses motorized equipment in the beds and banks of the rivers of Oregon can pose significant risks to Oregon’s natural resources, including fish and other wildlife, riparian areas, water quality, the investments of this state in habitat enhancement and areas of cultural significance to Indian tribes.

(5) Between 2007 and 2013, mining that uses motorized equipment in the beds and banks of the rivers of Oregon increased significantly, raising concerns about the cumulative environmental impacts.

(6) The regulatory system related to mining that uses motorized equipment in the beds and banks of the rivers of Oregon should be efficient and structured to best protect environmental values. [2013 c.783 §1]

Note: 517.140 (Legislative findings) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 517.140 — Legislative findings; mining using motorized equipment in beds and banks of rivers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.270 — OR Code / Title 43 / Chapter 523 / Section 523.270
523.270 Appeal of assessment
Status: in_force

Any person feeling aggrieved by the assessments made under an assessment ordinance may, within 20 days after the passage of the ordinance levying the assessment by the district board, appeal to the circuit court for the county in which the district is located. The appeal and the requirements and formalities thereof shall be heard, governed and determined, and the judgment thereon rendered and enforced, in the manner provided for appeals from assessments in ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price) and 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) . The result of the appeal shall be a final and conclusive determination of the matter of the assessment, except with respect to the district right of reassessment provided by ORS 523.360 (Reassessment) . [1975 c.782 §25]

Source: Section 523.270 — Appeal of assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.830 — OR Code / Title 43 / Chapter 517 / Section 517.830
517.830 Operating permit approval process
Status: in_force

(1) Upon receipt of an application for an operating permit, the State Department of Geology and Mineral Industries shall:

(a) Inspect the operating site described in the application;

(b) Provide notice to the local jurisdiction and an opportunity for the local jurisdiction to, within 30 days after the date of the notice, request that the department delay a decision on an operating permit and reclamation plan as provided in subsection (4) of this section; and

(c) If the application is not subject to the consolidated application process under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) , provide notice to each federal and state permitting agency, as defined in ORS 517.952 (Definitions for ORS 517.952 to 517.989) , and each cooperating agency and provide an opportunity for the agencies to, within 30 days after the date of the notice, respond in writing to the department identifying reasonably expected adverse effects of the proposed mining operation on land, air, water or wildlife resources.

(2) Within 90 days after the date that the application and the required permit fee are received, the department shall issue the operating permit applied for or, if it considers the application incomplete, return the application to the applicant for correction of the deficiencies indicated by the department. An operating permit that is not subject to ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) shall contain reasonable conditions designed to avoid or minimize an adverse effect identified by an agency pursuant to subsection (1)(c) of this section, provided:

(a) A permit issued by a federal, state or local permitting agency approving the mining operation does not include provisions to mitigate the adverse effect; and

(b) The land use decision issued by the local government approving the mining operation does not include provisions to mitigate the adverse effect.

(3) Failure by the department to act upon the reclamation plan submitted with an application for an operating permit within the 90-day period referred to in subsection (2) of this section is not a denial by the department of the operating permit applied for. The department, pending final approval of a reclamation plan, may issue a provisional permit subject to reasonable limitations that may be prescribed by the department and conditioned upon the applicant’s compliance with the bond and security requirements established by ORS 517.810 (Requirement for bond or security) .

(4) Intentionally left blank —Ed.

(a) Notwithstanding subsections (2) and (3) of this section, if an application involves an aggregate site that requires a permit issued pursuant to ORS 215.427 (Final action on permit or zone change application) or 227.178 (Final action on certain applications required within 120 days) , and if the local jurisdiction requests that the application not be decided until the local jurisdiction has taken final action, the department shall make a final decision on the operating permit and reclamation plan no later than 165 days after the date a complete land use application is submitted to the local jurisdiction, unless the applicant agrees to allow additional time under ORS 215.427 (Final action on permit or zone change application) , 215.429 (Mandamus proceeding when county fails to take final action on land use application within specified time) , 227.178 (Final action on certain applications required within 120 days) or 227.179 (Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days) . If a plan amendment is required as part of issuance of a permit, the provisions of paragraph (b) of this subsection apply. The department may not approve an operating permit and reclamation plan if the land use application is denied.

(b) Notwithstanding subsections (2) and (3) of this section, if an application involves an aggregate site that requires amendment to a comprehensive plan, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) , and if the local jurisdiction requests that the application not be decided until the local jurisdiction has taken final action on the plan amendment, the department may not make a final decision on the operating permit and reclamation plan until the local jurisdiction has taken final action on the plan amendment. The department shall make its final decision within 45 days of the date that the local jurisdiction has taken final action on the plan amendment. The department may not approve an operating permit and reclamation plan if the plan amendment is denied.

(5) Conditions and requirements imposed on an operating permit and reclamation plan, and modifications thereto, issued subsequent to issuance of a local jurisdiction permit shall be compatible with the requirements and conditions of the local government permit, unless more stringent requirements are necessary to comply with the provisions of ORS 517.750 (Definitions for ORS 517.702 to 517.989) to 517.901 (Confidentiality of production records, mineral assessments and trade secrets) .

(6) Intentionally left blank —Ed.

(a) If a local jurisdiction does not request that the department delay a decision on an operating permit and reclamation plan as provided in subsections (1)(b) and (4) of this section, the department shall, prior to issuing the operating permit, give the local jurisdiction notice and an opportunity to provide comments and the following information about the proposed operating permit and reclamation plan:

(A) Information about any applicable local land use regulations;

(B) Whether the site described in the proposed operating permit and reclamation plan is included on a local government inventory required by any open spaces, scenic and historic areas and natural resources land use planning goal;

(C) A statement that an application has or has not been filed for local approval; and

(D) Any other information that the local jurisdiction considers pertinent in its review of the application.

(b) A local jurisdiction shall respond to a notice provided under paragraph (a) of this subsection within 35 days after the date of the notice.

(7) If the department refuses to approve a submitted reclamation plan, it shall notify the applicant, in writing, of its reasons for the refusal to approve the reclamation plan, including additional requirements as may be prescribed by the department for inclusion in the reclamation plan. Within 60 days after the receipt of the notice, the applicant shall comply with the additional requirements prescribed by the department for the reclamation plan or file with the department a notice of appeal from the decision of the department with respect to the reclamation plan. If a notice of appeal is filed with the department by the applicant, the department may issue a provisional permit to the applicant.

(8) If an application is submitted as part of the consolidated application process under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) , review of the application and approval or denial of the application shall be in accordance with ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) . However, the review and approval or denial shall take into consideration all policy considerations for issuing a permit under ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) . [1971 c.719 §6; 1975 c.724 §5; 1985 c.292 §10; 1991 c.243 §2; 1991 c.735 §29; 1999 c.353 §5; 1999 c.492 §4; 1999 c.533 §13; 2001 c.104 §226; 2007 c.318 §8; 2015 c.492 §1; 2017 c.736 §5]

Source: Section 517.830 — Operating permit approval process; appeal from denial of plan; consolidated application process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 516.070 — OR Code / Title 43 / Chapter 516 / Section 516.070
516.070 Geology and Mineral Industries Account
Status: in_force

(1) There is established in the General Fund of the State Treasury an account to be known as the Geology and Mineral Industries Account. All moneys received by the State Department of Geology and Mineral Industries shall be paid over to the State Treasurer and by the State Treasurer deposited in the General Fund to the credit of the account. All moneys within the account are continuously appropriated for the use of the department in carrying out its lawful functions.

(2) The Federal Locatable Mineral Royalties Subaccount is established within the Geology and Mineral Industries Account. Notwithstanding subsection (1) of this section, all moneys received from the federal government by the State of Oregon as the state’s distributive share of the amounts collected for royalties for locatable minerals shall be credited to the subaccount. All moneys in the Federal Locatable Mineral Royalties Subaccount are continuously appropriated to the State Department of Geology and Mineral Industries to conduct investigations of new mineral resources and to carry out the provisions of ORS 517.840 (Administration and enforcement of ORS 517.702 to 517.989) (6).

(3) The State Treasurer may invest and reinvest the moneys in the Federal Locatable Mineral Royalties Subaccount as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) . Interest from the moneys deposited in the subaccount and earnings from investment of the moneys in the subaccount shall be credited to the subaccount.

(4) The Mined Land Regulation and Reclamation Program Subaccount is established within the Geology and Mineral Industries Account. Notwithstanding subsection (1) of this section, all moneys received by the State Department of Geology and Mineral Industries from fees assessed pursuant to ORS 517.800 (Fees) shall be credited to the subaccount. All moneys in the subaccount are continuously appropriated to the department for the purpose of administering ORS 517.702 (Legislative findings) to 517.951 (Legislative intent not to assume exclusive jurisdiction) .

(5) The Electronic Permitting System Subaccount is established within the Geology and Mineral Industries Account. Notwithstanding subsection (1) of this section, moneys received by the State Department of Geology and Mineral Industries under ORS 516.061 (Department surcharge to fund electronic permitting system) shall be credited to the subaccount. Moneys in the subaccount are continuously appropriated to the department for the costs of maintaining the department’s electronic permitting system, that allows the department to electronically issue permits and receive applications and fees under this chapter and ORS chapters 517, 520 and 522. Costs of maintaining the system include the costs of hosting, operating, repairing, upgrading, staffing and administering the system. [Amended by 1957 c.233 §1; 1961 c.671 §14; 1971 c.441 §5; 1993 c.260 §4; 1995 c.509 §1; 2005 c.650 §2; 2013 c.371 §35; 2023 c.274 §3]

Source: Section 516.070 — Geology and Mineral Industries Account; subaccounts; sources; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 523.070 — OR Code / Title 43 / Chapter 523 / Section 523.070
523.070 Authority to perform drainage work
Status: in_force

Any district may perform drainage work for the purpose of reclaiming real property located within the district, protecting real or personal property located within the district from the effects of geothermal heating, promoting sanitation, providing for the public health, convenience and welfare or providing services of public utility or benefit. The district may use all applicable powers granted to it by this chapter, including the rights and powers of eminent domain, in performing the drainage work authorized by this section. [1975 c.782 §17]

Source: Section 523.070 — Authority to perform drainage work , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 520.097 — OR Code / Title 43 / Chapter 520 / Section 520.097
520.097 Abandonment or completion of well
Status: in_force

(1) For a period of two years from the date of abandonment or completion of a well, all well logs and records and well reports submitted to the State Department of Geology and Mineral Industries are trade secrets under ORS 192.345 (Public records conditionally exempt from disclosure) and are not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , and all drill cuttings and cores may not be disclosed to the public unless such protection is waived by the permittee or disclosure is required by a court order.

(2) The department may extend the period under subsection (1) of this section up to an additional five years on the request of the permittee or the permittee’s successor in interest. [2007 c.672 §12]

Source: Section 520.097 — Abandonment or completion of well; well logs and records; trade secrets , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 523.625 — OR Code / Title 43 / Chapter 523 / Section 523.625
523.625 Election laws applicable
Status: in_force

(1) ORS chapter 255 governs the following:

(a) The nomination and election of commissioners.

(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) . [1983 c.350 §298]

Source: Section 523.625 — Election laws applicable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.813 — OR Code / Title 43 / Chapter 517 / Section 517.813
517.813 Reclamation Guarantee Fund
Status: in_force

(1) The Reclamation Guarantee Fund is established in the State Treasury, separate and distinct from the General Fund. The Reclamation Guarantee Fund shall consist of deposits of moneys received under ORS 517.810 (Requirement for bond or security) .

(2) Interest earned on the Reclamation Guarantee Fund shall be paid to the State Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries Account.

(3) The State Department of Geology and Mineral Industries shall annually prepare and submit to the governing board of the department a report on the financial status of the Reclamation Guarantee Fund. [2015 c.834 §5]

Note: 517.813 (Reclamation Guarantee Fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 517.813 — Reclamation Guarantee Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.260 — OR Code / Title 43 / Chapter 520 / Section 520.260
520.260 Hearing to determine need for unitization of operations
Status: in_force

(1) The governing board of the State Department of Geology and Mineral Industries upon its own motion may, and upon the application of any interested person shall, hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.

(2) The board shall make an order providing for the unit operation of a pool or part thereof if it finds that:

(a) Unit operation is reasonably necessary to effectively carry on pressure control, pressure maintenance or repressuring operations, cycling operations, water flooding operations, injection operations, or any combination thereof, or any other method of recovery designed to substantially increase the ultimate recovery of oil from the pool or pools; and

(b) The value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting unit operations. [1961 c.671 §2; 2007 c.672 §19]

Source: Section 520.260 — Hearing to determine need for unitization of operations; required findings; order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 517.750 — OR Code / Title 43 / Chapter 517 / Section 517.750
517.750 Definitions for ORS 517.702 to 517.989
Status: in_force

As used in ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) , unless the context requires otherwise:

(1) “Board” means the governing board of the State Department of Geology and Mineral Industries.

(2) “Completion” means termination of surface mining activities including reclamation of the surface-mined land in accordance with the approved reclamation plan and operating permit.

(3) “Cooperating agency” means the State Department of Agriculture, the State Department of Fish and Wildlife or any agency that has statutory responsibility related to a mining operation but that does not issue a permit for the mining operation.

(4) “Department” means the State Department of Geology and Mineral Industries.

(5) “Exploration” means all activities conducted on or beneath the surface of the earth for the purpose of determining presence, location, extent, grade or economic viability of a deposit. “Exploration” does not include prospecting or chemical processing of minerals.

(6) “Explorer” means a person that is engaged in exploration.

(7) “Landowner” means:

(a) The person possessing fee title to the natural mineral deposit being surface mined or explored; and

(b) The owner of an equitable interest in land that is subject to a deed of trust.

(8) “Minerals” includes soil, coal, clay, stone, sand, gravel, metallic ore and any other solid material or substance excavated for commercial, industrial or construction use from natural deposits situated within or upon lands in this state.

(9) “Operator” means any individual, public or private corporation, political subdivision, agency, board or department of this state, any municipality, partnership, association, firm, trust, estate or any other legal entity whatsoever that is engaged in surface mining operations.

(10) “Overburden” means the soil, rock and similar materials that lie above natural deposits of minerals.

(11) “Person” means any person, any federal agency or any public body, as defined in ORS 174.109 (“Public body” defined) .

(12) “Processing” includes, but is not limited to, crushing, washing, milling and screening as well as the batching and blending of mineral aggregate into asphalt and portland cement concrete located within the operating permit area.

(13) “Reclamation” means the employment in a surface mining operation or exploration of procedures reasonably designed to:

(a) Minimize, as much as practicable, the adverse effects of the surface mining operation or exploration on land, air and water resources; and

(b) Provide for the rehabilitation of surface resources adversely affected by the surface mining operations or exploration through the rehabilitation of plant cover, soil stability and water resources and through other measures that contribute to the subsequent beneficial use of the explored, mined or reclaimed lands.

(14) “Reclamation plan” means a written proposal, submitted to the department as required by ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) and subsequently approved by the department as provided in ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) , for the reclamation of the land area adversely affected by a surface mining operation or exploration and including, but not limited to the following information:

(a) Proposed measures to be undertaken by the operator in protecting the natural resources of adjacent lands.

(b) Proposed measures for the rehabilitation of the explored or surface-mined lands and the procedures to be applied.

(c) The procedures to be applied in the surface mining operation or exploration to control the discharge of contaminants and the disposal of surface mining refuse.

(d) The procedures to be applied in the surface mining operation or exploration in the rehabilitation of affected stream channels and stream banks to a condition minimizing erosion, sedimentation and other factors of pollution.

(e) The map required by ORS 517.790 (Operating permit required for surface mining on certain lands) (1)(e) and such other maps and supporting documents as may be requested by the department.

(f) A proposed time schedule for the completion of reclamation operations.

(g) Requirements of the exploration permit.

(15) “Surface impacts of underground mining” means all waste materials produced by underground mining and placed upon the surface including, but not limited to, waste dumps, mill tailings, washing plant fines and all surface subsidence related to underground mining.

(16) Intentionally left blank —Ed.

(a) “Surface mining” includes:

(A) All or any part of the process of mining minerals by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method by which more than 5,000 cubic yards of minerals are extracted or by which at least one acre of land is affected within a period of 12 consecutive calendar months, including open-pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits, except those constructed for use as access roads.

(B) Removal or filling, or both, within the beds or banks of any waters of this state that is the subject of a memorandum of agreement between the Department of State Lands and the State Department of Geology and Mineral Industries in which the State Department of Geology and Mineral Industries is assigned sole responsibility for permitting as described in ORS 517.797 (Memorandum of agreement with Department of State Lands regarding permitting) .

(b) “Surface mining” does not include:

(A) Excavations of sand, gravel, clay, rock or other similar materials conducted by the landowner or tenant for the primary purpose of construction, reconstruction or maintenance of access roads on the same parcel or on an adjacent parcel that is under the same ownership as the parcel that is being excavated;

(B) Excavation or grading operations, reasonably necessary for farming;

(C) Nonsurface effects of underground mining;

(D) Removal of rock, gravel, sand, silt or other similar substances removed from the beds or banks of any waters of this state pursuant to a permit issued under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.900 (Schedule of civil penalties) ;

(E) Excavations or reprocessing of aggregate material, or grading operations, within the highway right of way reasonably necessary for the construction, reconstruction or maintenance of a highway as defined in ORS 801.305 (“Highway.”) ;

(F) Excavation or movement of materials on site at a landfill, as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) , for the primary purpose of construction, reconstruction or maintenance of access roads or for landfill operations, including but not limited to landfill cell construction and daily, interim and final cover operations, if the excavation or movement of materials is covered by a permit issued by the Department of Environmental Quality under ORS 459.205 (Permit required) to 459.385 (Entry upon private premises authorized) ;

(G) Excavation or grading operations necessary for construction and maintenance of utilities or drainage facilities, where the excavated material is used on site and is not sold into the commercial market as aggregate material; or

(H) Excavation or grading operations that:

(i) Are associated with on-site construction activities; and

(ii) Do not result in any excavated materials being sold into the commercial market.

(17) “Surface mining refuse” means all waste materials, soil, rock, mineral, liquid, vegetation and other materials resulting from or displaced by surface mining operations within the operating permit area, including all waste materials deposited in or upon lands within the operating permit area.

(18) “Underground mining” means all human-made excavations below the surface of the ground through shafts or adits for the purpose of exploring for, developing or producing valuable minerals. [1971 c.719 §2; 1975 c.724 §1; 1977 c.59 §1; 1981 c.622 §1; 1983 c.46 §1; 1985 c.292 §2; 1989 c.347 §12; 1999 c.353 §2; 2007 c.318 §5; 2009 c.279 §1; 2011 c.406 §2; 2017 c.736 §2; 2017 c.743 §1; 2019 c.502 §1]

Source: Section 517.750 — Definitions for ORS 517.702 to 517.989 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.290 — OR Code / Title 43 / Chapter 520 / Section 520.290
520.290 When unitization order to become effective
Status: in_force

(1) No order of the governing board of the State Department of Geology and Mineral Industries providing for unit operations is effective until:

(a) The plan for unit operations prescribed by the board under ORS 520.270 (Plan for unit operations) has been approved in writing by (A) those owners who, under the board’s order, will be required to pay at least 75 percent of the costs of the unit operation, and (B) those persons who, at the time of the order of the board, owned of record legal title to 75 percent of royalty and overriding royalty payable with respect to oil and gas produced from the pool or part thereof over the entire unit area; and

(b) The board has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved.

(2) If the plan for unit operations has not been approved pursuant to subsection (1) of this section at the time the order providing for unit operations is made, the board shall upon application and notice hold such supplemental hearings as are required to determine if and when the plan for unit operations has been approved. If the persons owning the percentage of interest in the unit area required by subsection (1) of this section do not approve the plan for unit operations within a period of six months after the date on which the order providing for unit operations is made, the order is ineffective and shall be revoked by the board unless the board, for good cause shown, extends the time for approval. [1961 c.671 §5]

Source: Section 520.290 — When unitization order to become effective; supplemental hearings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 523.060 — OR Code / Title 43 / Chapter 523 / Section 523.060
523.060 Cooperative agreements
Status: in_force

(1) Districts may enter into cooperative agreements with each other providing for the joint acquisition, construction, ownership, use or control of facilities for the collection, treatment, distribution or supply of geothermal heat.

(2) Each district may issue and sell general obligation, revenue or refunding bonds, subject to the limitations and procedures contained or referred to in this chapter for the authorization, issuance or sale of such bonds, for the purpose of paying its share of the cost of the acquisition or construction of facilities provided for in cooperative agreements authorized by this section. [1975 c.782 §18]

Source: Section 523.060 — Cooperative agreements; bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 523.150 — OR Code / Title 43 / Chapter 523 / Section 523.150
523.150 Termination of service for nonpayment of heating charge
Status: in_force

In case prompt payment of geothermal heating rent or charge is not made, a district may shut off the geothermal heating supply to the building, place or premises to which the district supplied the geothermal heating. [1975 c.782 §15]

Source: Section 523.150 — Termination of service for nonpayment of heating charge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.963 — OR Code / Title 43 / Chapter 517 / Section 517.963
517.963 Department duties upon receipt of notice of intent
Status: in_force

Upon receipt of a notice of intent under ORS 517.961 (Notice of intent to submit application) , the State Department of Geology and Mineral Industries shall:

(1) Provide notice as required under ORS 517.959 (Public notice requirements for ORS 517.952 to 517.989) . The notice shall be sufficient to inform the public of the nature, size and location of the proposed mining operation.

(2) Activate a project coordinating committee for the proposed mining operation and coordinate the participation of federal agencies, affected agencies, local government agencies and the prospective applicant in the activities of the project coordinating committee.

(3) Activate a technical review team for the proposed mining operation.

(4) Identify to the prospective applicant all permitting and cooperating agencies that will be participating in the consolidated application process. [1991 c.735 §9; 2013 c.371 §13]

Source: Section 517.963 — Department duties upon receipt of notice of intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.987 — OR Code / Title 43 / Chapter 517 / Section 517.987
517.987 Reclamation bond or security
Status: in_force

(1) At the time of submitting a consolidated application under ORS 517.971 (Consolidated application) , the applicant shall estimate the total cost of reclamation consistent with the standards imposed under ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) . Using the reclamation estimate and a credible accident analysis as a guide, the State Department of Geology and Mineral Industries shall make an initial determination as to the amount of the reclamation bond necessary to protect human health and the environment. The department shall distribute a bond proposal to all permitting and cooperating agencies. The amount of the bond that the department may require to cover the actual cost of reclamation shall not be limited.

(2) The reclamation bond or alternative security acceptable to the department shall be posted before the start of mining operations. The bond shall be issued by a bonding company licensed to operate in Oregon. A mining operation may not satisfy the requirements for a bond through self-insurance.

(3) The department shall assess annually the overall cost of reclamation. If changes in the operation or modifications to a permit cause the cost of reclamation to exceed the amount of the reclamation bond currently held by the state, the operator shall post an additional bond for the difference. All reclamation calculations shall be approved by the department. Incremental surety increases shall be provided for, with the level of surety being consistent with the degree and forms of surface disturbance anticipated within a time period specified by the department. When the actual surface area to be disturbed approaches the level expected by the department, the operator shall notify the department sufficiently in advance of reaching the acreage limit specified to allow for a review of surety requirements and posting of additional surety by the operator prior to exceeding the acreage limit set by the department.

(4) If reclamation costs will exceed the posted bond and the operator does not increase the bond amount, the department and other permitting agencies shall suspend all permits until the operator posts the additional bond security.

(5) The department may seek a lien against the assets of the operator to cover the cost of reclamation if the bond posted is insufficient. The amount of the lien shall be the amount of the costs incurred by the department to complete reclamation. All current operating permits of the operator shall be suspended and the department shall deny immediately all pending applications of the operator to conduct mining operations.

(6) Intentionally left blank —Ed.

(a) The operator shall submit to the department a written request for the release of its reclamation bond. If the operator has conducted concurrent reclamation, the operator shall submit an application for bond reduction which estimates the percentage of reclamation done to date and the corresponding percentage of reclamation funds that the operator believes should be returned. A bond release or reduction request shall state in unambiguous terms all measures taken to reclaim the site and any problem or potential problems that may inhibit reclamation in accordance with permit requirements.

(b) The department shall distribute the request to each permitting or cooperating agency, to members of the public who participated in the consolidated application under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) , and to any person who requests notification. In addition, the department shall publish a notice as provided in ORS 517.959 (Public notice requirements for ORS 517.952 to 517.989) announcing receipt of a request for bond release or bond reduction.

(c) No sooner than 60 days after distributing the request and providing notice of the receipt of the request, the department shall conduct an informal public hearing to determine whether to allow the bond release or bond reduction.

(7) The department may require security or an annuity for post-reclamation monitoring and care to be paid before the final bond release. The security or annuity shall be sufficient to cover long-term site care and monitoring needs. The department shall determine the amount of the proposed security or annuity and distribute a proposal to all permitting and cooperating agencies. [1991 c.735 §24a; 2007 c.318 §27]

Source: Section 517.987 — Reclamation bond or security; annual assessment of cost of reclamation; lien; release of security; post-reclamation security , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.470 — OR Code / Title 43 / Chapter 523 / Section 523.470
523.470 Revenue bonds
Status: in_force

In addition to the authority to issue general obligation bonds, the district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds, and to pledge as security therefor all or any part of the unobligated net revenue of the district or system, to purchase, acquire, lay out, construct, reconstruct, extend, enlarge or improve a geothermal heating system, for the purpose of obtaining geothermal heating for the use of consumers, within or without the boundaries of the district. The revenue bonds shall be issued in the same manner and form as are general obligation bonds of the district, but they shall be payable, both as to principal and interest, from revenues only, as specified by this section. The revenue bond shall not be subject to the percentage limitation applicable to general obligation bonds and shall not be a lien upon any of the taxable property within the corporate limits of such district, but shall be payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district, including any taxes levied against it. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. [1975 c.782 §7]

Source: Section 523.470 — Revenue bonds; terms; issuance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.755 — OR Code / Title 43 / Chapter 517 / Section 517.755
517.755 Mining operations affecting more than five acres
Status: in_force

Notwithstanding the yard and acre limitations of ORS 517.750 (Definitions for ORS 517.702 to 517.989) (16), as soon as any mining operation begun after July 1, 1975, affects more than five acres of land the provisions of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) apply to the mining operation. [1975 c.724 §1a; 1979 c.435 §3; 1985 c.292 §3; 1985 c.565 §80; 1989 c.347 §13; 1999 c.353 §7; 2007 c.318 §15; 2017 c.736 §13]

Note: 517.755 (Mining operations affecting more than five acres) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 517.755 — Mining operations affecting more than five acres , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.155 — OR Code / Title 43 / Chapter 520 / Section 520.155
520.155 Records, accounts, reports and writings not to be falsified, altered, destroyed or removed from state
Status: in_force

A person may not, for the purpose of evading the provisions of this chapter or any rule adopted or order issued under this chapter, make or cause to be made any false entry or statement in a report required by this chapter or by any rule or order under this chapter, make or cause to be made any false entry in any record, account or other writing required by this chapter or by any rule or order under this chapter, omit or cause to be omitted from any such record, account or writing full, true and correct entries as required by this chapter or any rule or order under this chapter, or remove from this state or destroy, mutilate, alter or falsify any such record, account or writing. [1953 c.667 §16; 2007 c.672 §15]

Source: Section 520.155 — Records, accounts, reports and writings not to be falsified, altered, destroyed or removed from state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 517.850 — OR Code / Title 43 / Chapter 517 / Section 517.850
517.850 Inspection of permit area
Status: in_force

At such reasonable times as the State Department of Geology and Mineral Industries may elect, the department, after reasonable advance notice has been given to the operator, may cause the permitted site to be inspected to determine if the operator has complied with the operating permit, reclamation plan, this chapter and the rules of the department. [1971 c.719 §9; 1997 c.183 §2; 2007 c.318 §18]

Source: Section 517.850 — Inspection of permit area , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.060 — OR Code / Title 43 / Chapter 517 / Section 517.060
517.060 Correcting defective notice of location
Status: in_force

If at any time an individual who has located a mining claim within the meaning of ORS 517.010 (Location of mining claims upon veins or lodes) or 517.044 (Location of claims upon placer deposits) , or the assigns of the individual, apprehends that the original notice of location of the mining claim was defective, erroneous, or that the requirements of the law had not been complied with before the filing of the notice, such locator or assigns may post and record in the manner now provided by law, an amended notice of the location which shall relate back to the date of the original location. However, the posting and recording of the amended notice of location shall not interfere with the existing rights of others at the time of posting the amended notice. [Amended by 1961 c.525 §7; 1991 c.230 §27]

Source: Section 517.060 — Correcting defective notice of location , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.270 — OR Code / Title 43 / Chapter 520 / Section 520.270
520.270 Plan for unit operations
Status: in_force

An order issued pursuant to ORS 520.260 (Hearing to determine need for unitization of operations) shall be upon terms and conditions that are just and reasonable, and shall prescribe a plan for unit operations that includes the following:

(1) A description of the pool or pools or parts thereof to be so operated.

(2) A statement of the nature of the operations contemplated.

(3) An allocation to the separately owned tracts in the unit area of all the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost.

(4) A provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials and equipment contributed to the unit operations.

(5) A provision stating how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how these costs shall be paid, including a provision stating when, how and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of such owner, may be sold and the proceeds applied to the payment of such costs.

(6) A provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of that person’s share of the production.

(7) A provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of that person.

(8) The time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate.

(9) Additional provisions that are found appropriate for carrying on the unit operations, and for the protection of correlative rights. [1961 c.671 §3]

Source: Section 520.270 — Plan for unit operations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 516.010 — OR Code / Title 43 / Chapter 516 / Section 516.010
516.010 Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the governing board of the State Department of Geology and Mineral Industries established pursuant to ORS 516.080 (Governing board) .

(2) “Department” means the State Department of Geology and Mineral Industries established pursuant to ORS 516.020 (Creation of department) .

(3) “Mine” includes all mineral-bearing properties of whatever kind and character, whether underground, quarry, pit, well, spring or other source from which any mineral substance is obtained.

(4) “Mineral” includes any and all mineral products, metallic and nonmetallic, solid, liquid or gaseous, and mineral waters of all kinds.

(5) “Mineral industries” includes all enterprises engaged in developing and exploiting the natural substances of the earth.

(6) “Geologic hazard” means a geologic condition that is a potential danger to life and property which includes but is not limited to earthquake, landslide, flooding, erosion, expansive soil, fault displacement, volcanic eruption and subsidence.

(7) “Geology” means the study of the earth, and in particular the study of the origin, history and topographic form of rocks, ores and minerals, either under the ground or upon the surface, and their alteration by surface agencies, such as wind, water, ice and other agencies, and the economics of their use. [Amended by 1989 c.954 §1; 1993 c.260 §1]

Source: Section 516.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 517.753 — OR Code / Title 43 / Chapter 517 / Section 517.753
517.753 Exclusion certificate required for certain small-scale surface mining operations
Status: in_force

(1) Notwithstanding the yard and acre limitations of ORS 517.750 (Definitions for ORS 517.702 to 517.989) (16), a person may not engage in surface mining that results in the extraction of 5,000 cubic yards or less of minerals or affects less than one acre of land within a period of 12 consecutive calendar months except in compliance with an exclusion certificate issued by the State Department of Geology and Mineral Industries under this section. Except as provided in ORS 517.755 (Mining operations affecting more than five acres) , a mining operation subject to a valid exclusion certificate is not subject to the operating permit or reclamation requirements set forth in ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) .

(2) A person shall submit an exclusion certificate application on a form provided by the department, accompanied by a fee not to exceed $400. If the department does not approve or disapprove the application within 90 days after the date the application is filed with the department, the application shall be deemed approved.

(3) Each holder of an exclusion certificate shall annually pay to the department a renewal fee not to exceed $165, accompanied by a description of:

(a) The amount of minerals extracted pursuant to the certificate during the previous 12 months;

(b) The total acreage of surface disturbance by the mining operation as of the date that the renewal is submitted; and

(c) Any additional information required by the department to determine that the mining operation continues to qualify for an exclusion certificate. [2015 c.834 §2; 2017 c.736 §12; 2020 s.s.2 c.4 §3]

Note: 517.753 (Exclusion certificate required for certain small-scale surface mining operations) was added to and made a part of 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 517.753 — Exclusion certificate required for certain small-scale surface mining operations; application; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.095 — OR Code / Title 43 / Chapter 520 / Section 520.095
520.095 Rules and orders
Status: in_force

The governing board of the State Department of Geology and Mineral Industries may adopt rules and issue orders, and the department may issue orders, as may be necessary in the proper administration and enforcement of this chapter, including but not limited to rules and orders for the following purposes:

(1) To require the drilling, casing and plugging of wells to be done in such a manner as to prevent the escape of oil or gas out of one stratum to another; to prevent the intrusion of water into oil or gas strata; to prevent the pollution of fresh water supplies by oil, gas or salt water; and to require reasonable bond conditioned upon compliance with applicable laws and rules and upon the performance of the duty to plug each dry or abandoned well.

(2) To compel the filing of logs from wells, including electrical logs, if any are taken, drilling records, typical drill cuttings or cores, if cores are taken, with the office of the State Geologist.

(3) To prevent wells from being drilled, operated and produced in such a manner as to cause injury to neighboring leases or property.

(4) To prevent the drowning by water of any stratum or part thereof capable of producing oil or gas in paying quantities, and to prevent the premature and irregular encroachment of water that reduces, or tends to reduce, the total ultimate recovery of oil or gas from any pool.

(5) To require the operation of wells with efficient gas-oil ratios, and to fix ratios.

(6) To prevent blowouts, caving and seepage in the same sense that conditions indicated by such terms are generally understood in the oil and gas business.

(7) To prevent fires.

(8) To identify the ownership of all oil and gas wells, producing leases, tanks, plants, structures and all storage equipment and facilities.

(9) To regulate the stimulation and chemical treatment of wells.

(10) To regulate secondary recovery methods, including the introduction of gas, air, water or other substance into producing formations.

(11) To require the filing currently of information as to the volume of oil and gas, or either of them, produced and saved from the respective properties.

(12) To require the protection of ground water.

(13) To require the disposal of salt water and oil field waste so as not to damage land or property unnecessarily.

(14) To require that wells drilled for oil or gas be logged adequately enough to identify the geologic formations penetrated by the wells.

(15) To regulate the underground storage of natural gas and the drilling and operation of any wells required therefor.

(16) To require the mitigation of off-site impacts of drilling and to require reclamation for subsequent beneficial use of drill sites and adjacent areas adversely affected by drilling or use of the well and the filling of sumps.

(17) To require performance bonds or other forms of financial security for compliance with the requirements of this chapter and rules adopted or orders issued under this chapter.

(18) To regulate exploratory wells, including stratigraphic wells and seismic program test wells, subject to the limitations in ORS 520.027 (Information holes) .

(19) To regulate geological, geophysical and seismic surveys on, and operations to remove oil, gas and sulfur from, the tidal submerged and submersible lands of this state under ORS 274.705 (Definitions for ORS 274.705 to 274.860) to 274.860 (Protection and location of filled lands) . [1953 c.667 §7; 1961 c.671 §18; 1973 c.276 §3; 1977 c.296 §2; 1981 c.146 §2; 1989 c.365 §1; 2007 c.672 §10]

Source: Section 520.095 — Rules and orders; bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 522.145 — OR Code / Title 43 / Chapter 522 / Section 522.145
522.145 Bond or security
Status: in_force

(1) Intentionally left blank —Ed.

(a) The State Department of Geology and Mineral Industries may not issue a permit for a geothermal well until the applicant has provided a bond or alternative form of financial security as specified in rules adopted by the governing board of the State Department of Geology and Mineral Industries.

(b) The amount of the bond or alternative form of financial security may not be less than $25,000 for each well or not less than $150,000 for all wells to be drilled.

(2) The bond or alternative form of financial security must be conditioned upon compliance with the requirements of this chapter and rules adopted and orders issued pursuant to this chapter and must secure the state against all losses, charges and expenses, including court costs and attorney fees, incurred by the state in obtaining such compliance.

(3) With the consent of the department, any bond or acceptable alternative form of financial security submitted pursuant to this section may be terminated or canceled. However, the department may not consent to the termination or cancellation of any bond or security until each geothermal well covered by such bond or security has been properly and safely plugged and decommissioned pursuant to the plan required by the permit or until another bond or security for each well has been submitted and approved by the department. [1975 c.552 §8; 1977 c.87 §3; 1981 c.694 §7; 1995 c.146 §2; 2009 c.794 §14]

Source: Section 522.145 — Bond or security; conditions; cancellation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 516.090 — OR Code / Title 43 / Chapter 516 / Section 516.090
516.090 General duties and powers of board
Status: in_force

(1) The governing board of the State Department of Geology and Mineral Industries shall:

(a) Direct and review the performance of the State Geologist and the State Department of Geology and Mineral Industries in carrying out its duties and responsibilities pursuant to this chapter and ORS chapters 517, 520 and 522.

(b) Carry out the policies set forth in this chapter and ORS chapters 517, 520 and 522.

(c) Establish policies and approve plans that lead to an understanding of geology and mineral resources of the state, geologic processes and hazards and scientific, economic and tourism issues relating to geology and mineral industries.

(d) At the discretion of the board, accept from the United States or any of its agencies such funds as may be made available to this state for any of the purposes contemplated by this chapter, and shall enter into such contracts and agreements with the United States or any of its agencies or with Oregon or any of its agencies as may be necessary, proper and convenient, and not contrary to the laws of this state.

(e) Review and approve budget requests of the department.

(f) In accordance with applicable provisions of ORS chapter 183, adopt rules establishing criteria and procedures by which the department may enter into contracts or agreements pursuant to ORS 516.035 (Powers of department) (6), including but not limited to criteria and procedures that ensure protection of the public interest and advance the duties of the department as described in ORS 516.030 (Duties of department) .

(2) The board may:

(a) In accordance with applicable provisions of ORS chapter 183, adopt rules necessary for the administration of the laws that the board is charged with administering.

(b) Receive on behalf of this state, for the use and benefit of the department, gifts, devises and legacies of real or other property, and use them in accordance with the wishes of the donors, or, in the absence of specific instructions by the donors, manage, use and dispose of the gifts and legacies as may be deemed by the board for the best interest of the state. [Amended by 1993 c.260 §6; 2011 c.72 §2]

Source: Section 516.090 — General duties and powers of board; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 523.420 — OR Code / Title 43 / Chapter 523 / Section 523.420
523.420 Disposal of taxes levied by invalid district
Status: in_force

When an attempt has been made to organize a district under the provisions of this chapter and subsequently by a judgment of a court it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows:

(1) If the area embraced in the invalid organization is embraced in a subsequently created organization composed of unincorporated or incorporated territory, or combinations thereof, for the purpose of furnishing geothermal heat to the inhabitants thereof, the custodian of the taxes collected for the invalid organization shall turn them over to the subsequent organization to be used only for the purpose of furnishing geothermal heat to such inhabitants.

(2) If the subsequent organization does not embrace all territory embraced in the invalid organization, such taxes as have been collected from the levy upon property in areas not embraced in the subsequent organization shall be refunded to the payers thereof by the custodian of the taxes before the balance is turned over to the subsequent organization.

(3) If no such subsequent organization is created to provide geothermal heat for the inhabitants of such an area, within a period of two years after the entry of the judgment of invalidation, the taxes collected shall be refunded by the custodian of them to the taxpayers who paid them. [1975 c.782 §4; 2003 c.576 §468]

Source: Section 523.420 — Disposal of taxes levied by invalid district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.965 — OR Code / Title 43 / Chapter 517 / Section 517.965
517.965 Project coordinating committee
Status: in_force

(1) Intentionally left blank —Ed.

(a) A project coordinating committee shall be composed of representatives from the State Department of Geology and Mineral Industries, all permitting and cooperating agencies, local government agencies and affected federal agencies. Each permitting and cooperating agency shall designate an appropriate staff member to serve on the committee. The project coordinating committee shall share information and coordinate county, state and federal permitting requirements in order to avoid contradictory requirements, facilitate the exchange of ideas, optimize communication and avoid duplicative effort.

(b) If a mining operation is proposed on federal land, the project coordinating committee shall work with the affected federal agency in accordance with a memorandum of agreement established by the department and the federal agency to facilitate the state and federal application process and to coordinate the two processes to the fullest extent possible.

(2) Intentionally left blank —Ed.

(a) For a proposed mining operation that is a significant mineral resource site, if the owner or lessee of private property within the impact area of the proposed mining operation identifies a conflict between the proposed mining operation and the agricultural activities conducted on the private property within the impact area, the project coordinating committee shall analyze and address the identified conflict. In analyzing and addressing the identified conflict, the project coordinating committee:

(A) Shall consider compliance with federal, state or local standards for air quality, noise, water quality or other environmental considerations that are applicable to the identified conflict to be sufficient to resolve the conflict; and

(B) If there are not applicable federal, state or local standards as provided for in subparagraph (A) of this paragraph, may suggest to the department permit conditions for avoiding or reducing the identified conflict.

(b) The department shall avoid or minimize the conflicts identified by the project coordinating committee under this subsection through the imposition of one or more permit conditions. The permit conditions imposed by the department pursuant to this paragraph may include, but are not limited to:

(A) A permit condition suggested by the project coordinating committee;

(B) A requirement that the operator fulfill the terms of a written agreement to compensate one or more owners or lessees of private property located within the impact area for loss of crops or reduced agricultural production or use of the land; or

(C) Other reasonable and practicable measures to avoid or minimize the conflicts, as determined by the department.

(c) For purposes of this subsection, the department shall determine the impact area of the proposed mining operation.

(3) In carrying out its responsibilities, the project coordinating committee shall include opportunities for public participation. [1991 c.735 §10; 2013 c.371 §14; 2017 c.736 §8]

Source: Section 517.965 — Project coordinating committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.735 — OR Code / Title 43 / Chapter 517 / Section 517.735
517.735 Exploration on land administered by Department of State Lands
Status: in_force

The Department of State Lands and the State Department of Geology and Mineral Industries shall coordinate the regulation of any exploration project on land administered by the Department of State Lands. [Formerly 517.974]

Source: Section 517.735 — Exploration on land administered by Department of State Lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.005 — OR Code / Title 43 / Chapter 517 / Section 517.005
517.005 Legislative findings
Status: in_force

The Legislative Assembly finds and declares that:

(1) Mining contributes to the economy and well-being of the people of Oregon. Mining creates high-paying jobs in parts of this state that, due to a lack of infrastructure and development, are less likely to be capable of diversifying beyond a regional economy based on natural resources. Mining creates secondary industries in the surrounding region and attracts numerous providers of goods and services. Mining also generates significant tax revenues for local governments and provides support for civic and educational projects in local communities.

(2) The mining of minerals is a natural resource use.

(3) In eastern Oregon, including Lake, Harney, Malheur, Baker and Grant Counties, diversifying the types of natural resource uses that contribute to local economies enables those economies to better withstand temporary economic declines that affect specific natural resource uses. In the same way that a diversified economy is good for a large metropolitan area, a diversified natural resource economy is good for eastern Oregon.

(4) Technological advances in the mining industry, coupled with reclamation efforts, have greatly reduced the environmental impacts of mining operations. The size and scope of modern operations is such that the operations do not cause interference with other natural resource uses, particularly in an area as vast as eastern Oregon.

(5) Mining operations should be encouraged and supported in eastern Oregon as a means for residents and communities to improve their economies and well-being. [2015 c.826 §1]

Note: 517.005 (Legislative findings) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 517.005 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.702 — OR Code / Title 43 / Chapter 517 / Section 517.702
517.702 Legislative findings
Status: in_force

(1) The Legislative Assembly finds and declares that:

(a) Mineral exploration is recognized as an integral part of the mineral industry with inherently less risk to the environment than surface or underground mining operations.

(b) Mineral exploration assists in the orderly identification of mineral resources in the state.

(c) Mineral exploration activities are recognized as distinct from operational activities.

(2) The Legislative Assembly, therefore, declares that the purposes of ORS 517.702 (Legislative findings) to 517.755 (Mining operations affecting more than five acres) , 517.790 (Operating permit required for surface mining on certain lands) , 517.810 (Requirement for bond or security) , 517.910 (Definitions for ORS 517.910 to 517.989) and 517.920 (Permit application fees under ORS 517.910 to 517.989) are to encourage efficient and environmentally sound identification and development of the mineral resources of this state. [Formerly 517.960]

Source: Section 517.702 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.280 — OR Code / Title 43 / Chapter 520 / Section 520.280
520.280 Allocation of production under plan
Status: in_force

(1) The allocation described in ORS 520.270 (Plan for unit operations) (3) shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, the governing board of the State Department of Geology and Mineral Industries shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations. The production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area.

(2) That portion of the unit production allocated to any tract, and the proceeds from the sale thereof, are the property and income of the several persons to whom, or to whose credit, they are allocated or payable under the order providing for unit operations. [1961 c.671 §§4,10]

Source: Section 520.280 — Allocation of production under plan; ownership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 523.240 — OR Code / Title 43 / Chapter 523 / Section 523.240
523.240 Means of constructing improvement
Status: in_force

The board of a geothermal heating district may provide in the improvement resolution that the construction work will be done in whole, or in part, by the district, by a contract or by any other public body as defined in ORS 174.109 (“Public body” defined) , or by any combination thereof. [1975 c.782 §22; 2003 c.802 §131]

Source: Section 523.240 — Means of constructing improvement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 523.130 — OR Code / Title 43 / Chapter 523 / Section 523.130
523.130 Rates
Status: in_force

A geothermal heating district shall charge consumers for the geothermal heat furnished and fix and collect the rates therefor. Rates charged may be fixed and classified according to the type of use and according to the amount of geothermal heat used. Any contract entered into by a district with persons other than domestic users shall provide for immediate cancellation whenever no surplus supply of geothermal heat exists over and above any and all demands of domestic users. A district also may contract with any person or may enter into an intergovernmental agreement under ORS chapter 190 to supply, furnish and sell surplus geothermal heat on such terms and conditions and at such rates as the board of commissioners considers advisable. [1975 c.782 §13; 2003 c.802 §130]

Source: Section 523.130 — Rates; contracts with users , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 522.495 — OR Code / Title 43 / Chapter 522 / Section 522.495
522.495 Presumptions regarding conduct of operation
Status: in_force

Any operation on any portion of the unit area, including, but not limited to, the drilling or operation of a well, is considered for all purposes the conduct of the same operation on the whole unit area. The portion of unit production allocated to a separately owned tract in a unit area is considered for all purposes to actually have been produced from a well drilled upon that tract. An operation conducted pursuant to a board rule adopted or order issued under ORS 522.405 (Unitization) constitutes a fulfillment of all express or implied obligations under each lease or contract covering lands in the unit area. [1981 c. 588 §17]

Source: Section 522.495 — Presumptions regarding conduct of operation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 523.460 — OR Code / Title 43 / Chapter 523 / Section 523.460
523.460 General obligation bonds
Status: in_force

(1) For the purpose of carrying into effect all or any powers granted by this chapter, the district, when authorized at any properly called election held for that purpose, may borrow money and sell and dispose of general obligation bonds. Except as otherwise provided by this section, the bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207 (Computation of real market value for taxing or bonding limitations) .

(2) The bonds shall be issued from time to time by the board of commissioners in behalf of the district as authorized by the voters, and may be issued in an amount not to exceed one-half of one percent of the real market value referred to in subsection (1) of this section without the approval of the electors. The bonds shall mature serially within not to exceed 30 years from issue date, and shall bear interest not exceeding seven percent per annum payable semiannually as the board shall determine. The bonds shall be so conditioned that the district agrees to pay to the bearer, at a place named, the principal sum of the bonds with interest at the rate named, payable semiannually in accordance with the tenor and terms of the interest coupons attached.

(3) If the district has within its corporate limits a population of 300 or over, it may issue bonds in an amount which shall not exceed in the aggregate 10 percent of the real market value referred to in subsection (1) of this section.

(4) For the purpose of additionally securing the payment of the principal and interest on general obligation bonds issued under this section, the district may, by resolution of its board which shall constitute part of the contract with the holders of the bonds, pledge all or any part of the net revenue of its geothermal heating system. The board may adopt such a resolution without submitting the question of the pledge to the electors of the district. [1975 c.782 §6; 1977 c.188 §7; 1983 c.347 §29; 1991 c.459 §422; 2001 c.215 §17]

Source: Section 523.460 — General obligation bonds; limit; issuance; maturity; interest; election; pledge of revenue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 522.255 — OR Code / Title 43 / Chapter 522 / Section 522.255
522.255 Resolution of conflicts between geothermal and water uses
Status: in_force

If interference between an existing geothermal well permitted under this chapter and an existing water appropriation permitted under ORS chapter 537 is found by either the State Geologist or the Water Resources Director, the State Geologist and the Water Resources Director shall work cooperatively to resolve the conflict and develop a cooperative management program for the area. In determining what action should be taken, they shall consider the following goals:

(1) Achieving the most beneficial use of the water and heat resources;

(2) Allowing all existing users of the resources to continue to use those resources to the greatest extent possible; and

(3) Insuring that the public interest in efficient use of water and heat resources is protected. [1981 c.589 §8]

Source: Section 522.255 — Resolution of conflicts between geothermal and water uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.090 — OR Code / Title 43 / Chapter 517 / Section 517.090
517.090 Application to claims of law governing transfers and mortgages of realty
Status: in_force

All conveyances of mining claims or of interests therein, either quartz or placer, whether patented or unpatented, are subject to the provisions governing transfers and mortgages of other realty as to execution, recordation, foreclosure, execution sale and redemption. However, such redemption by the judgment debtor must take place within 60 days from date of confirmation, or such right is lost. [Amended by 2003 c.14 §339]

Source: Section 517.090 — Application to claims of law governing transfers and mortgages of realty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.730 — OR Code / Title 43 / Chapter 517 / Section 517.730
517.730 Drill hole or well abandonment
Status: in_force

(1) The State Department of Geology and Mineral Industries shall consult with the Water Resources Department on the development of rules covering drill hole or monitoring well abandonment procedures, including procedures for the abandonment of holes and wells for which no exploration permit is required in ORS 517.705 (Exploration permit) .

(2) Nothing in ORS 517.702 (Legislative findings) to 517.740 (Rules) prohibits the conversion of exploration drill holes or monitoring wells to water wells, provided that the conversion conforms to the standards and rules of the Water Resources Department. [Formerly 517.972; 2020 s.s.2 c.4 §12]

Source: Section 517.730 — Drill hole or well abandonment; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.680 — OR Code / Title 43 / Chapter 523 / Section 523.680
523.680 Employees’ retirement system
Status: in_force

(1) A district may establish an employees’ retirement system. The board of commissioners may enter into agreements necessary to establish the system and carry out the plan and may agree to modifications of such agreements from time to time.

(2) The retirement plan may provide for retirement benefits measured on the basis of services rendered or to be rendered by an employee, either before or after the date on which such employee first becomes a member of the retirement plan. The retirement plan may provide for a minimum of years of service and a minimum and maximum age of retirement for the employee. [1975 c.782 §43]

Source: Section 523.680 — Employees’ retirement system; establishment; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.110 — OR Code / Title 43 / Chapter 517 / Section 517.110
517.110 Grubstaking contracts
Status: in_force

All contracts of mining copartnership, commonly known as “grubstaking,” shall be in writing, and recorded with the clerk of the county wherein the locations thereunder are made. Unless contracts of mining copartnership contain the names of the parties thereto and the duration thereof, the contracts are void. [Amended by 1991 c.230 §28]

PROSPECTING, SMALL SCALE MINING AND RECREATIONAL MINING

Source: Section 517.110 — Grubstaking contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.986 — OR Code / Title 43 / Chapter 517 / Section 517.986
517.986 Time limit for final action on permit subject to consolidated application process
Status: in_force

Notwithstanding any other provision of law, the State Department of Geology and Mineral Industries and any other permitting agency shall take final action to issue or deny a permit subject to the consolidated application process set forth in ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) within one year after issuance of a notice to proceed under ORS 517.977 (Preparation of draft permits) . However, with the concurrence of the applicant, the processing of the application may be suspended for a period of time to allow the applicant to resolve issues having a bearing on, or necessary to any permitting agency’s decision or the department’s decision on whether to issue or deny a permit. [1991 c.735 §24]

Source: Section 517.986 — Time limit for final action on permit subject to consolidated application process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 522.019 — OR Code / Title 43 / Chapter 522 / Section 522.019
522.019 Injection of geothermal fluids
Status: in_force

(1) Intentionally left blank —Ed.

(a) In order to accomplish the policy of ORS 522.015 (Policy) all geothermal fluids derived from geothermal resources shall be reinjected into the same reservoir from which withdrawn unless it is determined by the State Department of Geology and Mineral Industries that these policies and the public interest require other disposal of the fluids.

(b) Subject to the determination in paragraph (a) of this subsection, injection into other reservoirs or disposal by other means may be allowed by the department in specific instances where it is shown that such action is consistent with the policies cited in this section. Disposal by other means may include any secondary use of geothermal fluid after the primary use of such fluid for electrical power generation or for other direct application of the heat or other associated energy contained in such fluids or for by-product extraction. Secondary uses may include, but shall not be limited to, use of condensate resulting from electrical power plant operations for plant-cooling purposes, or use of such geothermal fluid for agricultural, commercial or industrial purposes.

(2) The State Department of Geology and Mineral Industries shall adopt rules governing the disposal by reinjection or other means of geothermal fluids derived from geothermal resources from wells of 250 or more degrees Fahrenheit bottom hole temperature or wells 2,000 or more feet deep. The rules shall include standards whereby contamination may be determined, construction standards for reinjection wells, testing procedures for identifying aquifers, standards and procedures for determining whether adjacent aquifers are being degraded by the reinjection process, guidelines for conservation of the resource, criteria for evaluating reservoirs or zones for geothermal fluid disposal and requirements for prior approval of all geothermal fluid reinjection proposals.

(3) In addition to the permit required by ORS 522.115 (Permit) , an operator of a geothermal well must obtain a water quality permit from the Department of Environmental Quality under ORS 468B.050 (Water quality permit) or under rules authorized by ORS 468B.195 (Underground injection control program of federal Safe Drinking Water Act) before injection of any fluid, except well drilling fluids. Nothing in this chapter limits the authority of the Department of Environmental Quality to regulate the subsurface injection of fluids pursuant to ORS 468B.195 (Underground injection control program of federal Safe Drinking Water Act) and 468B.197 (Subsurface Injection Fluids Account) . [1979 c.163 §4; 1979 c.547 §1; 2009 c.794 §3; 2023 c.258 §2]

Source: Section 522.019 — Injection of geothermal fluids; rules; water quality permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.977 — OR Code / Title 43 / Chapter 517 / Section 517.977
517.977 Preparation of draft permits
Status: in_force

(1) When all members of the technical review team concur that the permitting agencies and the cooperating agencies are ready to begin preparing draft permits, the State Department of Geology and Mineral Industries shall conduct a public hearing and accept written comments on whether the information contained in the consolidated application is complete and sufficient to allow the permitting agencies to determine whether to issue a permit. The date and location of the public hearing and the period allowed for written comment shall be established by the department. Notice of the public hearing and comment period shall be given in accordance with ORS 517.959 (Public notice requirements for ORS 517.952 to 517.989) .

(2) At the conclusion of the public hearing and comment period under subsection (1) of this section and within 90 days after the State Department of Geology and Mineral Industries receives a consolidated application for a mining operation, the department, in conjunction with all permitting and cooperating agencies, shall make a determination of whether the application is complete. On the basis of the determination the department shall either:

(a) If the permitting and cooperating agencies determine that the consolidated application is complete, issue a notice to proceed with the permitting process and the preparation of draft permits; or

(b) If the permitting and cooperating agencies determine that additional information is necessary, notify the applicant of the additional information that is required.

(3) If the permitting and cooperating agencies do not require the applicant to provide additional information as suggested at the public hearing or comment period under subsection (1) of this section, the agencies shall prepare a written response explaining why the additional information is not being requested from the applicant.

(4) Upon receipt of any additional information requested, the State Department of Geology and Mineral Industries shall accept public comments related to the additional information for a period of two weeks. Except as provided in ORS 517.978 (Review of application) , the department shall not conduct additional public hearings. [1991 c.735 §15; 2013 c.371 §19]

Source: Section 517.977 — Preparation of draft permits; public hearing; determination of completeness of consolidated application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.969 — OR Code / Title 43 / Chapter 517 / Section 517.969
517.969 Collection of baseline data
Status: in_force

(1) Upon receipt of notice from a prospective applicant that the prospective applicant is ready to begin collecting baseline data, the State Department of Geology and Mineral Industries shall:

(a) Provide notice in accordance with ORS 517.959 (Public notice requirements for ORS 517.952 to 517.989) that the prospective applicant intends to begin baseline data collection and the location where additional background information may be obtained or reviewed.

(b) Within 30 days after receiving the notice from the applicant, conduct two public information meetings. One public meeting shall be conducted in the population center closest to the site of the proposed mining operation and one public meeting shall be conducted in a major population center for the state, as determined by State Department of Geology and Mineral Industries.

(c) Receive written comments from the public and affected agencies for 45 days after receiving notice under this subsection.

(2) The purpose of the public informational meetings and public comment period under subsection (1) of this section shall be to:

(a) Identify the issues raised by the proposed mining operation;

(b) Receive information from the public that the State Department of Geology and Mineral Industries and the permitting and cooperating agencies may need to know in order to evaluate the application; and

(c) Determine the data that should be collected during the baseline data collection phase of the consolidated application process to address the issues identified.

(3) Upon receipt of notice under subsection (1) of this section, the technical review team activated under ORS 517.963 (Department duties upon receipt of notice of intent) shall determine the specific methodologies to be applied by the applicant in collecting baseline data.

(4) The applicant shall collect data according to the methodology established by the permitting and cooperating agencies through the technical review team. The data collected shall be verified by the appropriate agency in accordance with procedures adopted by the agency. [1991 c.735 §12; 2013 c.371 §16]

Source: Section 517.969 — Collection of baseline data; public informational meetings; collection methodology , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.005 — OR Code / Title 43 / Chapter 520 / Section 520.005
520.005 Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise:

(1) “Condensate” means liquid hydrocarbons that were originally in the gaseous phase in the reservoir.

(2) “Field” means the general area underlaid by one or more pools.

(3) “Gas” means all natural gas and all other fluid hydrocarbons not defined as oil in subsection (5) of this section, including condensate originally in the gaseous phase in the reservoir.

(4) “Information hole” means a hole drilled for information purposes only, including but not limited to core holes, stratigraphic holes or other test holes.

(5) “Oil” means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

(6) “Person” means any natural person, partnership, corporation, association, receiver, guardian, fiduciary, administrator, representative of any kind, or the State of Oregon and any public body as defined in ORS 174.109 (“Public body” defined) .

(7) “Pool” means an underground reservoir containing a common accumulation of oil and natural gas. A zone of a structure that is completely separated from any other zone in the same structure is a pool.

(8) “Owner” means a person who has the right to drill into and to produce from any pool and to appropriate the oil or gas produced therefrom either for others, for the person or for the person and others.

(9) “Protect correlative rights” means that the action or regulation by the board affords a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in the tract or tracts of the person or the equivalent thereof, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent.

(10) “Seismic program” means the collection of seismic exploration data through a continuous field operation.

(11) “Sidetrack” means to reenter a well from the well’s surface location with drilling equipment for the purpose of deviating from the existing well bore to achieve production from an alternate zone or bottom hole location, or to remedy an engineering problem encountered in the existing well bore.

(12) “Unit area” means one or more pools or parts thereof under unit operation pursuant to ORS 520.260 (Hearing to determine need for unitization of operations) to 520.330 (Effect of operations in unit area) and 520.230 (Approved agreement for cooperative or unit development of pool not to be construed as violating certain regulatory laws) (2).

(13) “Underground reservoir” means any subsurface sand, strata, formation, aquifer, cavern or void whether natural or artificially created, suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom, but excluding a pool.

(14) “Underground storage” means the process of injecting and storing natural gas within and withdrawing natural gas from an underground reservoir.

(15) “Waste of oil or gas” means:

(a) The inefficient, excessive or improper use or dissipation of reservoir energy of any pool, or the locating, spacing, drilling, equipping, operating or producing of any oil well or gas well in a manner that results or may result in reducing the quantity of oil or gas ultimately recoverable from any pool; or

(b) The inefficient storing of oil and the locating, spacing, drilling, equipping, operating or producing of oil wells or gas wells in a manner that causes or may cause unnecessary or excessive surface loss or destruction of oil or gas.

(16) Intentionally left blank —Ed.

(a) “Well” means a well drilled for the purpose of producing or storing oil or gas or other gaseous substances, reservoir pressure maintenance, disposal of produced fluids, and injection of water as part of a water flood.

(b) “Well” includes a well drilled in search of a new or undiscovered pool, or with the intent of extending the limits of a developed pool.

(c) “Well” does not include an information hole or a hole drilled as part of a seismic program. [1953 c.667 §1; 1961 c.671 §15; 1973 c.276 §1; 1977 c.296 §1; 2007 c.672 §1; 2009 c.294 §18]

Source: Section 520.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 520.340 — OR Code / Title 43 / Chapter 520 / Section 520.340
520.340 Legislative findings
Status: in_force

The underground storage of natural gas in Oregon is found by the Legislative Assembly to be in the public interest in that the establishment of underground reservoirs of natural gas will help insure the continued, uninterrupted availability of natural gas supplies to residential, commercial and industrial consumers in Oregon during periods of peak demand and during interruptions in the normal flow of natural gas supplies. [1977 c.296 §5]

Source: Section 520.340 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 522.455 — OR Code / Title 43 / Chapter 522 / Section 522.455
522.455 Rehearing on rule or order
Status: in_force

(1) Any person or state or local governing body, special district or agency with an interest in geothermal resources within an area to be designated as a unit that is adversely affected by any rule or order of the governing board of the State Department of Geology and Mineral Industries may apply to the board for a rehearing within 30 days after the adoption of the rule or entry of the order. The board shall decide within 45 days after the filing date of the rule or order whether to grant a rehearing. If granted, the rehearing shall be held without undue delay. Failure to act within the 45-day period constitutes approval of the rehearing request.

(2) Any person or state or local governing body, special district or agency that holds a working interest in geothermal resources in a designated or proposed unit area that is adversely affected by any rule promulgated or order entered by the board may obtain judicial review of the rule or order pursuant to ORS chapter 183. [1981 c.588 §13]

Source: Section 522.455 — Rehearing on rule or order; judicial review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.280 — OR Code / Title 43 / Chapter 517 / Section 517.280
517.280 Certificate of ownership
Status: in_force

The co-owners who performed the assessment work may file with the county clerk of the county where the mine is situated, their affidavits that the payment has not been made. Upon the filing of such affidavits, the clerk shall record the notice, proof of service and affidavits in the Mineral and Mining Record. The clerk shall then and there issue to the co-owners who performed or caused to be performed the assessment work, a certificate to the effect that the clerk has recorded the notice, proof of service and affidavits of nonpayment, and that the co-owners who performed or caused to be performed the assessment work have become and are the owners of all the right, title and interest of the delinquent co-owner or co-owners of the property. [Amended by 1991 c.230 §30; 1999 c.654 §34]

Source: Section 517.280 — Certificate of ownership; issuance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 522.275 — OR Code / Title 43 / Chapter 522 / Section 522.275
522.275 Administration by State Geologist
Status: in_force

Subject to policy direction by the governing board of the State Department of Geology and Mineral Industries, the State Geologist shall administer this chapter, the rules and orders made pursuant thereto, and supervise the department in carrying out the provisions of this chapter. [1975 c.552 §23]

Source: Section 522.275 — Administration by State Geologist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.220 — OR Code / Title 43 / Chapter 517 / Section 517.220
517.220 Affidavit or lack thereof as evidence
Status: in_force

The affidavit described in ORS 517.210 (Recording affidavit of annual compliance) , when so recorded, or a duly certified copy thereof, is prima facie evidence of the facts therein stated. Failure to file such affidavit within the prescribed time is prima facie evidence that such labor has not been done. The fee for recording the affidavit shall be the fee provided by ORS 205.320 (Fees collected by county clerk) . [Amended by 1971 c.621 §34; 1975 c.607 §37; 1979 c.833 §32; 1991 c.230 §29; 1999 c.654 §33]

Source: Section 517.220 — Affidavit or lack thereof as evidence; recording fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 522.055 — OR Code / Title 43 / Chapter 522 / Section 522.055
522.055 Permit
Status: in_force

(1) A person may not engage in drilling a prospect well except in compliance with a permit issued by the State Department of Geology and Mineral Industries under this section.

(2) An application for a permit to drill prospect wells must include:

(a) A plugging and decommissioning plan;

(b) Such other information as the department by rule may require to assess the impacts of the proposed prospect well; and

(c) A nonrefundable fee as determined by the department based on the estimated cost of review of the proposed prospect wells, not to exceed $2,000 per application or permit modification.

(3) Each application may include up to five prospect wells per project area. The project area must be contiguous and include no more than 640 acres.

(4) A permit to drill remains valid until it is revoked or modified by the department based on new information or changed conditions.

(5) The permittee shall pay the department an annual nonrefundable renewal fee of $2,725 on or before the anniversary of each active permit.

(6) A permittee that requests to transfer a permit issued under this section shall pay a nonrefundable fee of $2,000 at the time of the request.

(7) All moneys received by the department under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries Account established by ORS 516.070 (Geology and Mineral Industries Account) . [1975 c.552 §4a; 1991 c.526 §2; 2009 c.794 §6; 2020 s.s.2 c.4 §8]

Source: Section 522.055 — Permit; application; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.971 — OR Code / Title 43 / Chapter 517 / Section 517.971
517.971 Consolidated application
Status: in_force

Each applicant for a permit to operate a mining operation shall submit a consolidated application to the State Department of Geology and Mineral Industries. The department and the permitting and cooperating agencies shall not begin deliberating on whether to issue a permit until the department receives an application fee and a complete consolidated application that includes but is not limited to:

(1) Name and location of the proposed facility.

(2) Name, mailing address and phone number of the applicant and a registered agent for the applicant.

(3) The legal structure of the applicant as filed in the business registry with the Secretary of State and the legal residence of the applicant.

(4) Mineral and surface ownership status of the proposed facility.

(5) Baseline data, including but not limited to environmental, socioeconomic, historical, archaeological conditions, land use designations and special use designations in the area of the state in which the proposed mining operation is located.

(6) Appropriate maps, aerial photos, cross sections, plans and documentation.

(7) A proposed:

(a) Mine plan;

(b) Processing plan;

(c) Water budget;

(d) Fish and wildlife protection and mitigation plan;

(e) Operational monitoring and reporting plan;

(f) Reclamation and closure plan;

(g) Plan for controlling water runoff and run on;

(h) Operating plan;

(i) Solid and hazardous waste management plan;

(j) Plan for transporting and storing toxic chemicals;

(k) Employee training plan as required by agency rule;

(L) Seasonal or short term closure plan;

(m) Spill prevention and credible accident contingency plan;

(n) Post-closure monitoring and reporting plan; and

(o) Identification of special natural areas, including but not limited to areas designated as areas of critical environmental concern, research natural areas, outstanding natural areas and areas designated by the Oregon Natural Areas Plan, as defined in state rules and federal regulations.

(8) All information required by the permitting agencies to determine whether to issue or deny the following permits as applicable to the proposed operation:

(a) Surface mining operating permits required under ORS 517.790 (Operating permit required for surface mining on certain lands) and 517.915 (Additional operating permit requirements for nonaggregate mineral mines) ;

(b) Fill and removal permits required under ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability) ;

(c) Permits to appropriate surface water or ground water under ORS 537.130 (Permit to appropriate water required) and 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water) , to store water under ORS 537.400 (Reservoir permits) and impoundment structure approval under ORS 540.449 (Construction plan approval) ;

(d) National Pollutant Discharge Elimination System permit under ORS 468B.050 (Water quality permit) ;

(e) Water pollution control facility permit under ORS 468B.050 (Water quality permit) ;

(f) Air contaminant discharge permit under ORS 468A.040 (Permits) to 468A.060 (Duty to comply with laws, rules and standards) ;

(g) Solid waste disposal permit under ORS 459.205 (Permit required) ;

(h) Permit for use of power driven machinery on forestland under ORS 477.625 (Permit to use fire or power-driven machinery) ;

(i) Permit for placing explosives or harmful substances in waters of the state under ORS 509.140 (Placing explosives or harmful substances in waters in course of lawful work) ;

(j) Hazardous waste storage permit under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) ;

(k) Local land use permits; and

(L) Any other state permit required for the mining operation.

(9) All other information required by the department, a permitting agency, a cooperating agency or the technical review team. [1991 c.735 §13; 1995 c.605 §3; 2009 c.217 §12; 2013 c.371 §17; 2019 c.390 §21]

Source: Section 517.971 — Consolidated application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.920 — OR Code / Title 43 / Chapter 517 / Section 517.920
517.920 Permit application fees under ORS 517.910 to 517.989
Status: in_force

Each application for an operating permit under ORS 517.910 (Definitions for ORS 517.910 to 517.989) to 517.989 (Rules applicable to consolidated application) shall be accompanied by a fee sufficient to cover the costs of the State Department of Geology and Mineral Industries in processing the application as determined by the department. [1981 c.622 §8; 1989 c.347 §15; 1989 c.461 §2; 1991 c.735 §30; 2013 c.371 §4]

Source: Section 517.920 — Permit application fees under ORS 517.910 to 517.989 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.160 — OR Code / Title 43 / Chapter 523 / Section 523.160
523.160 Refund of heating service extension costs by owner of adjacent property
Status: in_force

If any person is required by a district to pay the cost of extending a geothermal heating pipeline adjacent to property other than the property of the person so that geothermal heating service is provided for such other property without further extension of the geothermal heating pipeline, the district shall require the owner of the other property, prior to providing geothermal heating service to that property, to refund to the person required to pay the cost of extending the geothermal heating pipeline, a pro rata portion of the cost of the extension. The right to require such refund shall not continue for more than 10 years after the date of installation of the extension of the geothermal heating pipeline. The amount to be refunded shall be determined by the district and such determination shall be final. [1975 c.782 §16]

Source: Section 523.160 — Refund of heating service extension costs by owner of adjacent property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.040 — OR Code / Title 43 / Chapter 517 / Section 517.040
517.040 Abandoned claims
Status: in_force

Abandoned claims are unappropriated mineral lands, and titles thereto shall be obtained as specified in ORS 517.010 (Location of mining claims upon veins or lodes) and 517.030 (Recording copy of location notice) , without reference to any work previously done thereon.

Source: Section 517.040 — Abandoned claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.030 — OR Code / Title 43 / Chapter 523 / Section 523.030
523.030 Formation of geothermal heating districts
Status: in_force

A geothermal heating district may be formed for the purpose of supplying inhabitants of the district with geothermal heat as provided by this chapter. In connection with supplying geothermal heat, a district may supply, furnish and sell for any use any surplus geothermal heat over and above the heating needs of its inhabitants to persons outside the district, or to school districts or other local governments as defined in ORS 174.116 (“Local government” and “local service district” defined) . All railroad rights of way or improvements thereon or rolling stock moving thereover shall be excluded from districts organized under ORS 198.010 (“District” defined for chapter) , 198.180 (“District” defined for ORS 198.190) , 198.510 (Definitions for ORS 198.510 to 198.600) , 198.705 (Definitions for ORS 198.705 to 198.955) , 199.420 (“District” defined for ORS 199.410 to 199.534) , 255.012 (“District” defined) , 366.321 (Expense of relocating municipal facilities payable by department) , 451.573 (Definitions for ORS 451.573 to 451.577) and this chapter and for purposes of this chapter shall not be considered as property within the boundaries of such districts, unless the owner of the railroad property expressly consents to its inclusion. [1975 c.782 §2; 2003 c.802 §128; 2007 c.179 §8]

Source: Section 523.030 — Formation of geothermal heating districts; disposal of surplus; exclusion from district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 522.445 — OR Code / Title 43 / Chapter 522 / Section 522.445
522.445 Condition to effectiveness of unitization plan and unit agreement
Status: repealed

(1) No rule or order of the governing board of the State Department of Geology and Mineral Industries which creates a unit and prescribes a unitization plan and no applicable unit agreement shall be effective unless the plan of unit operation required by the board under ORS 522.405 (Unitization) has been approved in writing by:

(a) The operators who will be required to pay under the board’s rule or order at least 75 percent of the unit operation costs; and

(b) The persons or state or local governing body, special district or agency that, at the time of the board rule or order, own record legal title to 75 percent of the royalties payable with respect to the geothermal resource produced from the unit area.

(2) If the royalty owners who own the required percentage interest in the unit area and the operators have not approved the unitization plan within six months of the date on which the rule or order creating the unit is adopted or entered, that rule or order shall become ineffective and shall be considered to have been repealed or revoked by the board. [1981 c.588 §12]

Source: Section 522.445 — Condition to effectiveness of unitization plan and unit agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.125 — OR Code / Title 43 / Chapter 517 / Section 517.125
517.125 Rules to be adopted in consultation with affected parties
Status: in_force

Any rule pertaining to recreational or small scale mining adopted after June 28, 1999, shall be adopted in consultation with affected parties. [1999 c.354 §3]

Note: See note under 517.120 (Definitions for ORS 517.120 to 517.133) .

Source: Section 517.125 — Rules to be adopted in consultation with affected parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.700 — OR Code / Title 43 / Chapter 523 / Section 523.700
523.700 Employee contributions to retirement plan
Status: in_force

The district may collect, as a contribution from any employee, that percentage of the salary received by the employee which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employee is required to provide pursuant to the provisions of a retirement plan. [1975 c.782 §45]

Source: Section 523.700 — Employee contributions to retirement plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.230 — OR Code / Title 43 / Chapter 517 / Section 517.230
517.230 Performance of assessment work by co-owners
Status: in_force

Whenever any quartz or placer mines are owned by one or more persons, or are owned in common by any persons, any person owning any legal or equitable interest in the mines may perform the annual assessment work upon them which is required by the laws of the United States and Oregon. Such work, when it complies with said laws, shall protect the mines from relocation.

Source: Section 517.230 — Performance of assessment work by co-owners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.240 — OR Code / Title 43 / Chapter 517 / Section 517.240
517.240 Failure of co-owner to contribute
Status: in_force

Upon failure of any co-owner of any mine to contribute that co-owner’s proportion of expenditures required in assessment work, or to perform or pay for such proportion, the co-owners who performed or caused to be performed the labor or assessment work, may, at the expiration of the year for which the assessment work was performed, give the delinquent co-owner notice that the assessment work for that year has been performed, stating by whom performed, the amount of work performed and the dates between which it was performed; together with a statement of the amount due from the delinquent co-owner for the delinquent co-owner’s proportion of the work, and requiring the delinquent co-owner, within 90 days from the date of service of the notice, to pay to the co-owners who performed or caused to be performed such work, the delinquent co-owner’s proportion. The notice shall further state that if the delinquent co-owner fails or refuses to contribute the proportion due for the work, the interest of the delinquent co-owner in the mine will become the property of the co-owners who performed or caused to be performed the assessment work.

Source: Section 517.240 — Failure of co-owner to contribute; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.835 — OR Code / Title 43 / Chapter 517 / Section 517.835
517.835 Conditions on operating permit or reclamation plan to prevent impact on ground water
Status: in_force

(1) Notwithstanding ORS 517.831 (Modification of operating permit or reclamation plan) , the State Department of Geology and Mineral Industries may require conditions on any new or existing surface mining operating permit or reclamation plan sufficient to prevent or mitigate off-site impacts to ground water resources from the removal of water from surface mining operations. The department may include ground water monitoring as one of the conditions.

(2) The department shall consult with the operator and the Water Resources Department in assessing off-site impacts and in developing prevention or mitigation measures prior to imposing any conditions on an operating permit or reclamation plan pursuant to this section.

(3) As used in this section, “mitigation” has the meaning given that term in ORS 517.952 (Definitions for ORS 517.952 to 517.989) . [2003 c.470 §2; 2007 c.318 §9; 2013 c.371 §30]

Note: 517.835 (Conditions on operating permit or reclamation plan to prevent impact on ground water) was added to and made a part of 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 517.835 — Conditions on operating permit or reclamation plan to prevent impact on ground water , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.260 — OR Code / Title 43 / Chapter 517 / Section 517.260
517.260 Notice
Status: in_force

If the notice is served by any sheriff as provided in ORS 517.250 (Form of notice) , the sheriff shall make return by filing the notice with the return showing service with the county recorder, or if there is none, with the county clerk, for the county within which the mine is situated. If personal service cannot be had as provided in ORS 517.250 (Form of notice) , proof of service shall be made by filing with the county recorder, or if there is none, with the county clerk of the county in which the mine is situated, the notice as published, attached to an affidavit made by the printer, foreman, or publisher of the newspaper, to the effect that it is of general circulation throughout the county, is published weekly, and that the notice was published at least once a week in that newspaper for a period of not less than 90 days after the first publication of the notice.

Source: Section 517.260 — Notice; return and proof of service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.840 — OR Code / Title 43 / Chapter 517 / Section 517.840
517.840 Administration and enforcement of ORS 517.702 to 517.989
Status: in_force

The governing board of the State Department of Geology and Mineral Industries shall administer and enforce the provisions of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) and:

(1) May conduct or cause to be conducted investigations, research, experiments and demonstrations and may collect and disseminate information related to surface mining and the reclamation of surface-mined lands.

(2) May cooperate with other governmental and private agencies of this state or of other states and with agencies of the federal government, including the reimbursement for any services provided by such agencies to the State Department of Geology and Mineral Industries at its request.

(3) May apply for, accept and expend public and private funds made available for the reclamation of lands affected by surface mining in accordance with the purposes of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) .

(4) May, in accordance with the applicable provisions of ORS chapter 183, adopt rules to carry out the provisions of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) .

(5) Shall establish by rule a program to encourage voluntary reclamation practices that exceed the normal reclamation standards to provide maximum enhancement and benefits from mined lands. The program shall include incentives and other actions that will encourage voluntary reclamation practices.

(6) May receive and manage abandoned mined land funds received for abandoned mined land reclamation from the federal government. [1971 c.719 §3; 1985 c.292 §11; 1989 c.461 §1; 1993 c.342 §2; 1995 c.509 §2; 2007 c.318 §10; 2013 c.371 §27]

Source: Section 517.840 — Administration and enforcement of ORS 517.702 to 517.989; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 522.085 — OR Code / Title 43 / Chapter 522 / Section 522.085
522.085 Report certifying completion of decommissioning plan
Status: in_force

Upon completion of all drilling and testing undertaken pursuant to an application to drill prospect wells, the applicant shall file with the State Department of Geology and Mineral Industries a report certifying the completion of the plugging and decommissioning plan required by the permit. [1975 c.552 §4d; 2009 c.794 §10]

Source: Section 522.085 — Report certifying completion of decommissioning plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.952 — OR Code / Title 43 / Chapter 517 / Section 517.952
517.952 Definitions for ORS 517.952 to 517.989
Status: in_force

As used in ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) :

(1) “Affected agency” includes permitting agencies, cooperating agencies and commenting agencies.

(2) “Baseline data” means information gathered to characterize the natural and cultural environments of a mining operation site before a mining operation begins.

(3) “Commenting agency” means any agency that makes recommendations to the State Department of Geology and Mineral Industries or to a permitting agency regarding permit conditions or whether to approve or deny a permit under the consolidated application process established under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) .

(4) “Consolidated application” means the single application required under ORS 517.971 (Consolidated application) .

(5) “Environmental evaluation” means an analysis prepared under ORS 517.979 (Environmental evaluation) to address specific impacts of the mining operation to allow affected agencies to develop permit conditions.

(6) “Gravity separation” means the separation of mineral particles, with the aid of water or air, according to the differences in the specific gravities of the particles.

(7) “Mining operation” means a surface or underground mine that processes, produces or reclaims metal ore using a method other than, or in addition to, gravity separation to process the ore.

(8) “Mitigation” means the reduction of adverse effects of a proposed mining operation by considering, in the following order:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action;

(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

(c) Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate corrective measures; or

(e) Compensating for the impact by replacing or providing comparable substitute resources or environments.

(9) “Permitting agency” means an agency that has a separate permitting authority for a mining operation.

(10) “Project coordinating committee” means the interagency governmental committee established in accordance with ORS 517.965 (Project coordinating committee) .

(11) “Technical review team” means the interagency group established in accordance with ORS 517.967 (Technical review team) . [1991 c.735 §3; 2013 c.371 §6; 2017 c.736 §7]

Source: Section 517.952 — Definitions for ORS 517.952 to 517.989 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.780 — OR Code / Title 43 / Chapter 517 / Section 517.780
517.780 Effect on county zoning laws or ordinances
Status: repealed

(1) Intentionally left blank —Ed.

(a) The provisions of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) and the rules and regulations adopted thereunder do not supersede any county zoning laws or ordinances in effect on July 1, 1972. However, if the county zoning laws or ordinances are repealed on or after July 1, 1972, the provisions of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) and the rules and regulations adopted thereunder are controlling. The governing board of the State Department of Geology and Mineral Industries may adopt rules and regulations with respect to matters covered by county zoning laws and ordinances in effect on July 1, 1972.

(b) If the county zoning laws or ordinances specified in paragraph (a) of this subsection are repealed by a county:

(A) The department may allow a surface mining operation that previously operated under a valid county operating permit and reclamation plan to continue to operate for a period not to exceed one year if the landowner or operator applies for an operating permit under ORS 517.790 (Operating permit required for surface mining on certain lands) within 60 days after the date the county’s repeal of the zoning laws or ordinances becomes effective, pays all applicable fees to the department and submits a bond or security to the department as required by ORS 517.810 (Requirement for bond or security) . Pending issuance of an operating permit and approval of a reclamation plan by the department, the county permit is deemed to remain in effect and is enforceable by the department.

(B) The department, in issuing a permit and approving a reclamation plan for a surface mining operation that previously operated under a valid county operating permit as described in paragraph (a) of this subsection, may incorporate any provisions from the county operating permit into the permit issued by the department and the reclamation plan approved by the department if the department determines that the provisions provide adequate protection of the public health, safety and welfare and the environment.

(C) The department may issue a certificate of exemption from reclamation requirements as described in ORS 517.770 (Exemptions from reclamation requirements) (1)(b).

(2) City or county operated surface mining operations that sell less than 5,000 cubic yards of minerals within a period of 12 consecutive calendar months are exempt from the state mining permit requirements of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) if the city or county adopts an ordinance that includes a general reclamation scheme establishing the means and methods of achieving reclamation for city or county operated surface mining sites exempted from the state permit requirements by this subsection. [1971 c.719 §16; 1975 c.724 §3; 1977 c.524 §1; 1979 c.435 §1; 1983 c.20 §1; 1985 c.292 §6; 1987 c.361 §9; 2003 c.14 §340; 2007 c.318 §6; 2009 c.270 §3]

Source: Section 517.780 — Effect on county zoning laws or ordinances; rules; certain operations exempt , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 522.065 — OR Code / Title 43 / Chapter 522 / Section 522.065
522.065 Circulation of application to state agencies
Status: in_force

(1) Upon receipt of a complete application to drill prospect wells, the State Department of Geology and Mineral Industries shall circulate copies of the application to the Water Resources Department, the Department of Environmental Quality, the Department of Land Conservation and Development and the Department of State Lands. The State Department of Geology and Mineral Industries may circulate copies to other public agencies that may have an interest in the permit application.

(2) Any public agency receiving a copy of the application as provided in subsection (1) of this section may suggest conditions under which a permit should be granted. A public agency shall submit any suggested conditions to the State Department of Geology and Mineral Industries within 45 days of the public agency’s receipt of the copy of the application. The department shall consider any suggested conditions that a public agency submits to the department within the 45-day period.

(3) A permit issued under this section is subject to such conditions as the department may impose. Included among the conditions shall be provision for the proper and safe plugging and decommissioning of each prospect well. Subject to ORS 522.075 (Bond or security) , the department shall issue or deny the permit by a written order within 60 days after receipt of a complete application unless the department determines that a longer period is necessary to respond to comments or new information or for other good cause. [1975 c.552 §4b; 2009 c.794 §7]

Source: Section 522.065 — Circulation of application to state agencies; suggested conditions to permit; time limit for permit action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.957 — OR Code / Title 43 / Chapter 517 / Section 517.957
517.957 Department coordination of activities of affected agencies
Status: in_force

The State Department of Geology and Mineral Industries shall coordinate the activities of the affected agencies related to the consolidated application process established under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) . [1991 c.735 §5]

Source: Section 517.957 — Department coordination of activities of affected agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 516.133 — OR Code / Title 43 / Chapter 516 / Section 516.133
516.133 Prohibited activities
Status: in_force

(1) No member of the staff of the State Department of Geology and Mineral Industries shall hold a direct pecuniary interest in or accept compensation from an industry regulated by the department.

(2) No member of the staff of the department shall:

(a) Hold a direct pecuniary interest in or accept compensation from any producing or prospective mineral operation of any kind of any entity that does business in this state.

(b) Act as agent or broker for any purchaser, owner, or an agent of a purchaser or owner, of any mineral interest.

(c) Accept a commission for any service rendered during the period of employment with the department, if such service is concerned with mining, geology or any mineral industry that does business in this state.

(d) Make any investigation or report of any individual property in this state for purposes of evaluation, except as provided in ORS 516.100 (Reports and publications of department) .

(3) For purposes of this section:

(a) “Direct pecuniary interest” means a mining claim, stock, royalty interest, partnership, joint venture or other interest over which the employee may control acquisition or disposal of the interest.

(b) “Direct pecuniary interest” does not mean an interest in a mutual fund, retirement fund or other interest described in subsection (1) or (2) of this section over which the employee may not control acquisition or disposal.

(4) The provisions of this section are in addition to and not in lieu of the provisions of ORS chapter 244. [1993 c.260 §11]

Source: Section 516.133 — Prohibited activities; conflicts of interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 517.030 — OR Code / Title 43 / Chapter 517 / Section 517.030
517.030 Recording copy of location notice
Status: in_force

The locator shall, within 60 days from the posting of the location notices by the locator upon the lode or claim, record with the clerk of the county where the claim is situated, who shall be the custodian of mining records and miners’ liens, a copy of the notice posted by the locator upon the lode or claim and shall pay the clerk a fee for such recording as provided in ORS 205.320 (Fees collected by county clerk) , which sum the clerk shall immediately pay over to the treasurer of the county and shall take a receipt therefor, as in case of other county funds coming into the possession of such officer. The clerk shall immediately record the location notice. [Amended by 1971 c.228 §2; 1971 c.621 §33; 1973 c.598 §4; 1975 c.607 §36; 1979 c.833 §31; 1991 c.230 §25; 1999 c.654 §28]

Source: Section 517.030 — Recording copy of location notice; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.980 — OR Code / Title 43 / Chapter 517 / Section 517.980
517.980 Socioeconomic impact analysis
Status: in_force

Concurrent with the development of the environmental evaluation, the State Department of Geology and Mineral Industries shall direct staff or hire a third party contractor to prepare a socioeconomic impact analysis for the use of the applicant, local government and affected agencies. [1991 c.735 §18]

Source: Section 517.980 — Socioeconomic impact analysis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.610 — OR Code / Title 43 / Chapter 523 / Section 523.610
523.610 Board
Status: in_force

(1) Except as otherwise provided by this chapter, the power and authority given to districts is vested in and shall be exercised by a board of five commissioners, each of whom shall be an elector registered in the district. Except as provided by subsection (2) of this section, each commissioner shall be elected for a term of four years.

(2) Not later than the 40th day after the formation of a district and the election of the members of the first board, the commissioners shall meet and organize, first taking and subscribing an oath of office. The commissioners first elected shall determine by lot the length of term each shall hold office as follows:

(a) The terms of two commissioners shall expire June 30 next following the first regular district election; and

(b) The terms of the other three commissioners shall expire June 30 next following the second regular district election.

(3) The board of commissioners shall fill any vacancy on the board as provided in ORS 198.320 (Filling of vacancies on governing bodies of certain districts) . [1975 c.782 §36; 1983 c.83 §99; 1983 c.350 §295]

Source: Section 523.610 — Board; election; authority; term; vacancy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.160 — OR Code / Title 43 / Chapter 517 / Section 517.160
517.160 Location of nonmineral land as millsite
Status: in_force

(1) The proprietor of a vein or lode, or placer claim, or the owner of a quartz mill or reduction works, may locate not more than five acres of nonmineral land as a millsite. Such locations shall be made in the same manner as provided in ORS 517.044 (Location of claims upon placer deposits) for locating placer claims, except that no discovery or location work is required. Where a millsite is appurtenant to a mining claim, either lode or placer, the notice of location of such millsite shall describe by appropriate reference the mining claim to which it is appurtenant.

(2) The locator of a millsite shall, within 30 days from the date of posting a notice thereon, record a copy thereof with the same county officer. The fee for recording such location notice shall be the fee provided for in ORS 205.320 (Fees collected by county clerk) . Such location notices shall be recorded in the same manner as location notices of quartz or placer claims but need have no affidavit of location work attached. [1963 c.123 §1; 1999 c.654 §30]

Source: Section 517.160 — Location of nonmineral land as millsite; notice; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.300 — OR Code / Title 43 / Chapter 517 / Section 517.300
517.300 Effect of certificate
Status: in_force

(1) A certificate issued as provided in ORS 517.280 (Certificate of ownership) shall be equivalent to a deed from a delinquent co-owner of all the interest of the delinquent co-owner in and to all mines described in the notice, and shall convey the interest of the delinquent co-owner in the premises to the co-owner or co-owners who performed or caused to be performed the assessment work. The certificate may be introduced in evidence in any cause where ownership of the property may become material. When so introduced, it shall have the same force and effect as would a duly executed and delivered deed from the delinquent co-owner.

(2) A certified copy of the certificate, and of the notice and return, when made and certified to by the county clerk, shall be admissible in evidence in any trial where it is material to establish proof of service of the notice or ownership of the property.

Source: Section 517.300 — Effect of certificate; certified copy of certificate, notice and return admissible as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 522.080 — OR Code / Title 43 / Chapter 522 / Section 522.080
522.080 Operator liability
Status: in_force

In addition to any other liability imposed by law, the operator of a prospect well shall be liable to any person or public agency that sustains damages from failure of the operator to comply with:

(1) A condition in a permit requiring the operator to provide for the protection of ground water in the area affected by the well; or

(2) Any rules of the governing board of the State Department of Geology and Mineral Industries establishing standards for blowout prevention, equipment and casing design and removal, and any other procedures necessary to shut out detrimental substances from strata containing ground or surface water usable for beneficial purposes. [2009 c.794 §8]

Source: Section 522.080 — Operator liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.705 — OR Code / Title 43 / Chapter 517 / Section 517.705
517.705 Exploration permit
Status: in_force

(1) A person may not engage in onshore exploration that disturbs more than one surface acre or involves drilling to greater than 50 feet except in compliance with a permit issued by the State Department of Geology and Mineral Industries under this section.

(2) An application for an onshore exploration permit must include:

(a) The name and address of the surface owner and mineral owner.

(b) The names and addresses of the persons conducting the exploration.

(c) The name and address of any designated agent.

(d) A brief description of the exploration activities, including:

(A) The amount of road to be constructed;

(B) The number, depth and location of proposed drill holes;

(C) The number, depth and location of proposed monitoring wells; and

(D) The number, length, width and depth of exploration trenches.

(e) Provisions for the reclamation of surface disturbance caused by exploration activities.

(f) Exploration drill hole or monitoring well abandonment procedures, including:

(A) The capping of all holes;

(B) The plugging of any hole producing surface flow; and

(C) Appropriate sealing for any holes which have encountered aquifers.

(g) An exploration boundary map with the location of the proposed exploration and delineation of exploration boundaries.

(h) Such other information as the department by rule may require to assess the impacts of the proposed exploration.

(i) A nonrefundable fee of $2,000 per application.

(3) Each permit application may include a single contiguous exploration boundary that is no more than 640 acres.

(4) Any production records, mineral assessments or trade secrets submitted as part of the application under subsection (2) of this section are confidential. [Formerly 517.962; 1999 c.492 §11; 2020 s.s.2 c.4 §1]

Source: Section 517.705 — Exploration permit; application; information required; fees; confidentiality of production records, mineral assessments or trade secrets , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 516.135 — OR Code / Title 43 / Chapter 516 / Section 516.135
516.135 Avoidance of ground water resource contamination
Status: in_force

(1) In carrying out its duties related to mineral resources, mineral industries and geology, the State Department of Geology and Mineral Industries shall act in a manner that is consistent with the goal set forth in ORS 468B.155 (State goal to prevent ground water contamination) .

(2) In order to assist in the development of a statewide repository of information about Oregon’s ground water resource, the department shall provide any information, acquired by the department in carrying out its statutory duties, that is related to ground water quality to the centralized repository established pursuant to ORS 468B.167 (Ground water resource protection strategy) . [1989 c.833 §46]

Source: Section 516.135 — Avoidance of ground water resource contamination; department actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 522.005 — OR Code / Title 43 / Chapter 522 / Section 522.005
522.005 Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise:

(1) “Board” means the governing board of the State Department of Geology and Mineral Industries.

(2) “By-product” means any mineral or minerals, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, that are found in solution or in association with geothermal resources and that have a value of less than 75 percent of the value of the geothermal resource or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves.

(3) “Completed geothermal well” means a well producing geothermal resources for which the operator has received the department’s written assurance that the manner of drilling of and producing geothermal resources from the well are satisfactory.

(4) “Cooperative agreement” means an agreement or plan of development and operation for the production or utilization of geothermal resources in which separate ownership units independently operate without allocation of production.

(5) “Correlative rights” means the right of each owner in a geothermal area to obtain that owner’s just and equitable share of the underlying geothermal resource, or an economic equivalent of that share of the resource, produced in a manner and in an amount that does not injure the reservoir to the detriment of others.

(6) “Department” means the State Department of Geology and Mineral Industries.

(7) “Drilling” includes drilling, redrilling and deepening of a geothermal well.

(8) “Enhanced recovery” means the increased recovery from a reservoir achieved by artificial means or by the application of energy extrinsic to the reservoir. The artificial means include, but are not limited to, reinjection of hot brine, fluid or water into a reservoir.

(9) “Geothermal area” means any parcel of land that is, or reasonably appears to be, underlaid by geothermal resources.

(10) “Geothermal reinjection well” means any well or converted well constructed to dispose of geothermal fluids derived from geothermal resources into an underground reservoir.

(11) “Geothermal resources” means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or that may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, but including, specifically:

(a) All products of geothermal processes, including indigenous steam, hot water and hot brines;

(b) Steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;

(c) Heat or other associated energy found in geothermal formations; and

(d) Any by-product derived from them.

(12) “Geothermal well” includes any excavation made for producing geothermal resources and any geothermal reinjection well.

(13) “Land” means both surface and mineral rights.

(14) “Operator” means the person:

(a) Who possesses the legal right to drill a geothermal well;

(b) Who has obtained a drilling permit pursuant to ORS 522.135 (Permit) ; or

(c) Who possesses the legal right to operate a completed geothermal well or who has been granted the authority to operate the well by that person.

(15) “Prospect well” includes any well drilled as a geophysical test well, seismic shot hole, mineral exploration drilling, core drilling or temperature gradient test well and drilled in prospecting for geothermal resources. “Prospect well” does not include a geothermal well.

(16) “Reservoir” means an aquifer or combination of aquifers or zones containing a common geothermal or ground water resource. “Reservoir” includes, but is not limited to, a hot dry rock conductive system.

(17) “Royalty interest” means a right or interest in geothermal resources produced from land or in the proceeds of the first sale of those resources.

(18) “Unit agreement” means an agreement or plan of development and operation developed under the provisions of ORS 273.775 (Definitions for ORS 273.775 to 273.790) , 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland) , 522.015 (Policy) , 522.405 (Unitization) to 522.545 (Rulemaking authority) , 522.815 (Rules by board) and 522.990 (Penalties) and this section for the production or use of geothermal resources in separately owned interests as a single consolidated unit and that provides for the allocation of costs and benefits.

(19) “Unit area” means the area described in a unit agreement that constitutes the land subject to development under the agreement.

(20) “Unit operator” means the person designated in the unit agreement to manage and conduct the operation involving unitized land.

(21) “Unit production” means all geothermal resources produced from a unit area from the effective date of a unit agreement approved by the board under ORS 522.405 (Unitization) .

(22) “Waste” means:

(a) Any physical waste, including, but not limited to, underground waste resulting from the inefficient, excessive or improper use or dissipation of reservoir energy or resulting from the location, spacing, drilling, equipping, operation or production of a geothermal resource well in such a manner that reduces or tends to reduce the ultimate economic recovery of the geothermal resources within a reservoir; and

(b) Surface waste resulting from the inefficient storage of geothermal resources and the location, spacing, drilling, equipping, operation or production of a geothermal resource well in such a manner that causes or tends to cause the unnecessary or excessive surface loss or destruction of geothermal resources released from a reservoir.

(23) “Working interest” means an interest in geothermal resources or in land containing geothermal resources that is held under a lease, operating agreement, fee title or otherwise and under which, except as otherwise provided in a unit or cooperative agreement, the owner of the interest has the right to explore for, develop, produce or utilize the resources. “Working interest” does not include a right delegated to a unit operator as such by a unit agreement. [1975 c.552 §3; 1979 c.163 §1; 1981 c.588 §3; 1981 c.694 §4; 1999 c.314 §74; 2005 c.22 §375; 2009 c.794 §1]

Source: Section 522.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 523.480 — OR Code / Title 43 / Chapter 523 / Section 523.480
523.480 Refunding bonds
Status: in_force

Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the board of commissioners without submitting to the electors the question of authorizing the issuance of such bonds. [1975 c.782 §8]

Source: Section 523.480 — Refunding bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 522.035 — OR Code / Title 43 / Chapter 522 / Section 522.035
522.035 Ownership rights
Status: reserved

Ownership rights to geothermal resources shall be in the owner of the surface property underlain by the geothermal resources unless such rights have been otherwise reserved or conveyed. However, nothing in this section shall divest the people or the state of any rights, title or interest they may have in geothermal resources. [1975 c.552 §21]

Source: Section 522.035 — Ownership rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.833 — OR Code / Title 43 / Chapter 517 / Section 517.833
517.833 Transfer of operating permit
Status: in_force

(1) A person who by sale, assignment, lease or other means has succeeded in interest to an uncompleted surface mining operation may request that the State Department of Geology and Mineral Industries release the existing operator from any reclamation obligations and transfer the operating permit to the successor. The department shall transfer the operating permit, unless:

(a) The successor does not agree to full assumption of the reclamation requirements in the operating permit and reclamation plan;

(b) The successor fails to provide a bond or security as required by ORS 517.810 (Requirement for bond or security) ;

(c) More than one person has a claim to the property or operating permit and there is a dispute between the claimants that presents a justiciable controversy; or

(d) The successor, as the operator of another permitted site in this state, has failed to substantially comply with the conditions of an operating permit or reclamation plan, the provisions of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) or the rules adopted by the department to carry out the purposes of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) .

(2) The governing board of the State Department of Geology and Mineral Industries may adopt rules relating to the responsibilities and duties of a person requesting a transfer of an operating permit under this section. [2007 c.318 §3]

Source: Section 517.833 — Transfer of operating permit; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.020 — OR Code / Title 43 / Chapter 523 / Section 523.020
523.020 City as geothermal heating district
Status: in_force

(1) An incorporated city, when empowered by its charter to do so, may provide geothermal heating services to persons within and without its boundaries in accordance with the provisions of ORS chapter 523, where not in conflict with ORS 523.015 (Definitions for ORS 523.020) and this section.

(2) The powers conferred by ORS chapter 523 and ORS 523.015 (Definitions for ORS 523.020) and this section are in addition to the powers conferred by any other law and not in substitution for any right, power or privilege vested in a city. [1977 c.212 §2]

Note: See note under 523.015 (Definitions for ORS 523.020) .

Source: Section 523.020 — City as geothermal heating district , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.135 — OR Code / Title 43 / Chapter 517 / Section 517.135
517.135 Exemption from crimes of mineral trespass and interfering with a mining operation
Status: in_force

(1) ORS 517.128 (Restricting access to open mining area or mining claim prohibited) to 517.133 (Interfering with a mining operation) do not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.

(2) As used in subsection (1) of this section, “laws or judicial decrees” includes but is not limited to:

(a) Laws defining duties and functions of public servants;

(b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions; and

(c) Judgments and orders of courts. [1999 c.354 §7]

Note: See note under 517.120 (Definitions for ORS 517.120 to 517.133) .

Source: Section 517.135 — Exemption from crimes of mineral trespass and interfering with a mining operation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.797 — OR Code / Title 43 / Chapter 517 / Section 517.797
517.797 Memorandum of agreement with Department of State Lands regarding permitting
Status: in_force

(1) As used in this section, “surface mining” has the meaning given that term in ORS 517.750 (Definitions for ORS 517.702 to 517.989) and “waters of this state” has the meaning given that term in ORS 196.800 (Definitions for ORS 196.600 to 196.921) .

(2) The Department of State Lands and the State Department of Geology and Mineral Industries may enter into a memorandum of agreement concerning surface mining as described in subsection (3) of this section.

(3) The memorandum described in subsection (2) of this section may assign sole responsibility for permitting to the State Department of Geology and Mineral Industries when the surface mining would otherwise be under the permitting jurisdiction of both the Department of State Lands and the State Department of Geology and Mineral Industries because:

(a) Part of the surface mining is located within the beds or banks of any waters of this state; and

(b) Part of the surface mining is located upland from the beds or banks of any waters of this state.

(4) Prior to any permitting pursuant to the provisions of subsection (3) of this section, the State Department of Geology and Mineral Industries shall consult with the Department of State Lands regarding any conditions necessary to protect the waters of this state. [2011 c.406 §1]

Note: 517.797 (Memorandum of agreement with Department of State Lands regarding permitting) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 517.797 — Memorandum of agreement with Department of State Lands regarding permitting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.953 — OR Code / Title 43 / Chapter 517 / Section 517.953
517.953 Policy
Status: in_force

Notwithstanding the policy set forth in ORS 517.760 (Policy) , the Legislative Assembly finds and declares that it is the policy of the State of Oregon to protect the environmental, scenic, recreational, social, archaeological and historic resources of this state from unacceptable adverse impacts that may result from mining operations, while permitting operations that comply with the provisions set forth in ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) and ensure the protection of the public health, safety, welfare and the environment. [1991 c.735 §2; 2013 c.371 §7]

Source: Section 517.953 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 522.910 — OR Code / Title 43 / Chapter 522 / Section 522.910
522.910 Aiding in violations prohibited
Status: in_force

No person shall knowingly aid or abet any other person in the violation of any provision of this chapter or of any rule or order of the governing board of the State Department of Geology and Mineral Industries made thereunder. [1971 c.776 §40; 1975 c.552 §30]

Source: Section 522.910 — Aiding in violations prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.954 — OR Code / Title 43 / Chapter 517 / Section 517.954
517.954 Application of ORS 517.952 to 517.989
Status: in_force

ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) apply only to mining operations as defined in ORS 517.952 (Definitions for ORS 517.952 to 517.989) . ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) do not apply to placer mining. [1991 c.735 §3a; 2013 c.371 §8]

517.955 [1981 c.622 §16; renumbered 517.951 (Legislative intent not to assume exclusive jurisdiction) in 1991]

Source: Section 517.954 — Application of ORS 517.952 to 517.989 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.210 — OR Code / Title 43 / Chapter 517 / Section 517.210
517.210 Recording affidavit of annual compliance
Status: in_force

Within 30 days after the performance of labor or making of improvements, or making federal fee payments required by law to be annually performed or made upon any mining claim, the person in whose behalf such labor was performed or improvement or payment was made, or someone in behalf of the person, knowing the facts, shall make and have recorded in the Mineral and Mining Record of the county in which the mining claim is situated, an affidavit setting forth:

(1) The name of the claim or claims if grouped and a reference to the record where the location notice of each such claim is recorded.

(2) The number of days’ work done and the character and value of the improvements placed thereon, together with their location.

(3) The dates of performing the labor and making the improvements.

(4) At whose instance or request the work was done or improvements made.

(5) The actual amount paid for the labor and improvements, and by whom paid, when the same was not done by the claim owner.

(6) That the federal fee requirements have been met by the owner or agent and that the owner or agent intends to hold the claim in good standing for the applicable assessment year. [Amended by 1993 c.443 §1; 1999 c.654 §32]

Source: Section 517.210 — Recording affidavit of annual compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 523.360 — OR Code / Title 43 / Chapter 523 / Section 523.360
523.360 Reassessment
Status: in_force

Whenever any assessment, deficit assessment or reassessment for any improvement which has been made by the district is set aside, or its enforcement restrained by any court having jurisdiction thereof, or when the district board is in doubt as to the validity of an assessment, deficit assessment or reassessment, or any part thereof, the district board may make a reassessment in the manner provided by ORS 223.405 (Definitions for ORS 223.405 to 223.485) to 223.485 (When reassessment authority inapplicable) . [1975 c.782 §33]

Source: Section 523.360 — Reassessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 523.290 — OR Code / Title 43 / Chapter 523 / Section 523.290
523.290 Entry of amount of assessment
Status: in_force

After passage of the assessment ordinance by the district board, the secretary shall enter in the docket of district liens a statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien upon the respective lots, parcels of land or portions thereof, which have been assessed for such improvement. All assessment liens of a district shall be superior and prior to all other liens or encumbrances on property insofar as the laws of the state permit. Interest shall be charged at the rate of six percent per annum until paid on all amounts not paid within 30 days from the date of an assessment ordinance. After expiration of 30 days following the date of an assessment ordinance the district may proceed to foreclose or enforce collection of the assessment liens in the amount provided by the general law of the state. However, the district may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state to redeem the property. [1975 c.782 §27]

Source: Section 523.290 — Entry of amount of assessment; lien; priority; foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.710 — OR Code / Title 43 / Chapter 517 / Section 517.710
517.710 Fees
Status: in_force

(1) If the person conducting an exploration under a permit issued under ORS 517.705 (Exploration permit) is not in violation of ORS 517.702 (Legislative findings) to 517.740 (Rules) or 517.810 (Requirement for bond or security) or any terms of the permit and has paid an annual renewal fee not to exceed $1,460 prior to the anniversary date of the permit as established by the State Department of Geology and Mineral Industries, the department shall renew the permit.

(2) Nothing in this section prevents the department from suspending or revoking a permit for violations of ORS 517.702 (Legislative findings) to 517.740 (Rules) or 517.810 (Requirement for bond or security) or taking any other action authorized under this chapter. [Formerly 517.964; 2020 s.s.2 c.4 §2]

Source: Section 517.710 — Fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.985 — OR Code / Title 43 / Chapter 517 / Section 517.985
517.985 Rulemaking
Status: in_force

In accordance with applicable provisions of ORS chapter 183, the governing board of the State Department of Geology and Mineral Industries shall adopt rules necessary to implement the provisions of ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) . The rules shall include but need not be limited to:

(1) The information required to be submitted in a notice of intent;

(2) The fee that the department may collect from a person requesting inclusion on the master list under ORS 517.959 (Public notice requirements for ORS 517.952 to 517.989) ; and

(3) The form and content of the consolidated application. [1991 c.735 §23]

Source: Section 517.985 — Rulemaking , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.175 — OR Code / Title 43 / Chapter 520 / Section 520.175
520.175 Injunctions to restrain violation or threatened violation of chapter
Status: repealed

(1) Whenever it appears that any person is violating or threatening to violate any provision of this chapter or any rule adopted or order issued under this chapter, the governing board of the State Department of Geology and Mineral Industries may bring an action against such person in the circuit court of any county where the violation occurs or is threatened, to restrain such person from continuing such violation. In any such action, the court shall have jurisdiction to grant to the board, without bond or other undertaking, such temporary restraining orders or final prohibitory and mandatory injunctions as the facts may warrant, including any such orders restraining the movement or disposition of oil or gas.

(2) If the board fails to bring an action to enjoin a violation or threatened violation of any provision of this chapter or any rule adopted or order issued under this chapter, within 60 days after receipt of a written request to do so by any person who is or will be adversely affected by such violation, then the person making such request may bring an action to restrain such violation or threatened violation in any court in which the board might have brought such action. The board shall be made a party defendant in such action in addition to the person or persons bringing the action and the action shall proceed and injunctive relief may be granted without bond in the same manner as if the action had been brought by the board. [1953 c.667 §18; 1979 c.284 §162; 2007 c.672 §17]

Note: Sections 1 to 3, chapter 406, Oregon Laws 2019, provide:

Sec. 1. Section 2 of this 2019 Act is added to and made a part of ORS chapter 520. [2019 c.406 §1]

Sec. 2. (1) A person may not use hydraulic fracturing in the exploration for or the production of oil and gas in this state.

(2) As used in this section, “hydraulic fracturing” means the drilling technique of expanding existing fractures or creating new fractures in rock by injecting water, with or without chemicals, sand or other substances, into or underneath the surface of the rock for the purpose of stimulating oil or gas production. “Hydraulic fracturing” does not mean drilling required for:

(a) Natural gas storage wells;

(b) Geothermal wells or activities related to exploration for geothermal energy; and

(c) Coal bed methane extraction wells in existence as of the effective date of this 2019 Act [June 17, 2019]. [2019 c.406 §2]

Sec. 3. This 2019 Act is repealed on January 2, 2025. [2019 c.406 §3]

Source: Section 520.175 — Injunctions to restrain violation or threatened violation of chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 522.415 — OR Code / Title 43 / Chapter 522 / Section 522.415
522.415 Unit operation plan
Status: in_force

A voluntary or board-sponsored unit agreement developed in response to a rule adopted or an order issued under ORS 522.405 (Unitization) shall provide a unit operation plan that includes:

(1) A description of the geothermal reservoir and the overlaying land to be operated as a unit.

(2) A statement of the nature of the operations contemplated.

(3) A provision for credits and charges to be made in the adjustment among the owners in a unit area for their respective investments in geothermal wells, prospect wells, machinery, materials and equipment used in the unit operation.

(4) The division of interest or a formula for apportionment of unit production among the separately owned tracts within the unit area which reasonably permits a person or state or local governing body, special district or agency otherwise entitled to share in or benefit by production from a tract to receive an equitable and reasonable share of the unit production or other benefit. An equitable and reasonable share of unit production is measured by the proportion the value of the separately owned tract for geothermal resources recovery bears to the value of the unit for that purpose, taking acreage into account.

(5) Provisions which state how the costs will be paid, how unit production is to be measured and when, how and by whom unit production is to be allocated. The provision shall provide that unit production due to an owner who does not pay that owner’s share of the cost of unit operation or that owner’s interest may be sold and the proceeds applied to the cost.

(6) A provision, if necessary, for making financing available to any person or state or local governing body, special district or agency that wishes to obtain financing. The provision shall allow a reasonable interest charge for the service payable out of that respective share of production.

(7) A provision for the supervision and conduct of the unit operation. Each person or state or local governing body, special district or agency shall have a vote on the provision with a weight corresponding to the percentage of the cost of unit operation chargeable against that respective interest.

(8) The time when the unit operation shall begin and the manner and circumstances under which the unit operation shall terminate.

(9) Provisions, if necessary, for the protection of preexisting water users within the unit area and for administration of future water development from the reservoir covered by the unit agreement. [1981 c.588 §9]

Source: Section 522.415 — Unit operation plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 523.010 — OR Code / Title 43 / Chapter 523 / Section 523.010
523.010 Definitions
Status: in_force

As used in this chapter unless the context requires otherwise:

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

(2) “By-product” means any mineral or minerals (exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances) which are found in solution or in association with geothermal resources and which have a value of less than 75 percent of the value of the geothermal resources or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves.

(3) “District” means a geothermal heating district formed under this chapter.

(4) “County” means the county in which the district, or the greater portion of the taxable assessed value of the district, is located.

(5) “County board” means the county court or board of county commissioners of the county.

(6) “County clerk” means the county clerk of the county.

(7) “Geothermal heat” means heat derived from geothermal resources.

(8) “Geothermal resources” means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances, but including, specifically:

(a) All products of geothermal processes, embracing indigenous steam, hot water and hot brines;

(b) Steam and other gases, hot water and hot brines resulting from water, gas or other fluids artificially introduced into geothermal formations;

(c) Heat or other associated energy found in geothermal formation; and

(d) Any by-product derived from them.

(9) “Inhabitant” when used with respect to a district includes a business located within the district.

(10) “Owner” means the holder of the record title to real property or the vendee under a land sale contract, if there is such a contract. [1975 c.782 §1; 1983 c.83 §98]

Source: Section 523.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 520.330 — OR Code / Title 43 / Chapter 520 / Section 520.330
520.330 Effect of operations in unit area
Status: in_force

All operations, including but not limited to the commencement, drilling or operation of a well, upon any portion of the unit area, are considered for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area, when produced, is considered for all purposes to have been actually produced from that tract by a well drilled thereon. Operations conducted pursuant to an order of the governing board of the State Department of Geology and Mineral Industries providing for unit operations constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the board. [1961 c.671 §9; 2007 c.672 §22]

Source: Section 520.330 — Effect of operations in unit area , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 517.800 — OR Code / Title 43 / Chapter 517 / Section 517.800
517.800 Fees
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except for an application for a mining operation submitted under ORS 517.910 (Definitions for ORS 517.910 to 517.989) to 517.989 (Rules applicable to consolidated application) , each applicant for an operating permit under ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) shall pay to the State Department of Geology and Mineral Industries a fee established by the State Geologist in an amount not to exceed $2,000.

(b) If an application for a new permit or an amendment to an existing permit requires extraordinary department resources because of concerns about slope stability or proximity to waters of the state or other environmentally sensitive areas, the applicant shall pay to the department an additional fee in an amount the State Geologist deems adequate to cover the additional costs for staff and other related expenses. The State Geologist shall consult with the applicant when determining the amount of the fee.

(2) A holder of an operating permit that did not extract minerals during the preceding 12-month period shall pay to the department an annual renewal fee of $1,200. A holder of an operating permit that extracted minerals during the preceding 12-month period shall pay to the department an annual renewal fee of $1,460 and $0.0125 per ton of minerals extracted during the preceding 12-month period.

(3) If a reclamation plan is changed, the operator may be assessed for staff time and other related costs an amount not to exceed $2,000 in addition to the annual renewal fee. This subsection does not apply to a mining operation that is subject to the fee established by ORS 517.973 (Fees) (2)(a).

(4) If an operator requests that the department respond to requests for information required by a local government in making a land use planning decision, the State Geologist may require the operator to pay the department a fee for staff time and related costs. The department shall notify the operator in advance of the estimated costs of providing the information, and the assessment may not exceed the estimate.

(5) The State Geologist may require the operator of a site to pay to the department a special inspection fee in an amount not to exceed $2,000 for an inspection conducted under the following circumstances:

(a) Investigation of surface mining operations conducted without the operating permit required under ORS 517.790 (Operating permit required for surface mining on certain lands) ; or

(b) Investigation of surface mining operations conducted outside the area authorized in an operating permit.

(6) Upon request of an applicant or operator, the department shall provide an itemized list and documentation of expenses used to determine a fee under subsection (1)(b), (3) or (4) of this section.

(7) Notwithstanding the per ton fee established in subsection (2) of this section, the governing board of the department may lower to zero or raise the per ton fee up to $0.015 to reflect actual expenses of the department in administering ORS 517.702 (Legislative findings) to 517.951 (Legislative intent not to assume exclusive jurisdiction) .

(8) All fees collected by the department under this section shall be deposited in the Mined Land Regulation and Reclamation Program Subaccount within the Geology and Mineral Industries Account. The department shall prepare and submit to the governing board of the department an annual report on the financial status of the Mined Land Regulation and Reclamation Program Subaccount.

(9) The governing board of the department shall adopt rules establishing:

(a) Procedures for the administrative review of the determinations of fees under this section.

(b) The payment date for fees required under this section.

(c) Late fees of up to five percent of the unpaid amount of a fee owed under this section if the fee is more than 60 days past due. [1971 c.719 §7; 1973 c.709 §3; 1977 c.524 §2; 1979 c.435 §2; 1981 c.274 §1; 1983 c.88 §1; 1985 c.292 §8; 1987 c.598 §1; 1989 c.346 §1; 1991 c.735 §28; 1993 c.399 §1; 1995 c.79 §297; 1997 c.62 §1; 1999 c.353 §4; 2003 c.520 §1; 2005 c.650 §§1,1a; 2007 c.318 §16; 2013 c.371 §29; 2015 c.834 §3; 2020 s.s.2 c.4 §4]

Source: Section 517.800 — Fees; rules; annual report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.905 — OR Code / Title 43 / Chapter 517 / Section 517.905
517.905 Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951
Status: in_force

(1) ORS 517.910 (Definitions for ORS 517.910 to 517.989) to 517.989 (Rules applicable to consolidated application) only apply to surface mines for nonaggregate minerals.

(2) ORS 517.910 (Definitions for ORS 517.910 to 517.989) to 517.951 (Legislative intent not to assume exclusive jurisdiction) do not apply to surface mines for nonaggregate minerals that are subject to the provisions for consolidated operating permits set forth in ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) . [1981 c.622 §15; 2013 c.371 §1]

Source: Section 517.905 — Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 516.061 — OR Code / Title 43 / Chapter 516 / Section 516.061
516.061 Department surcharge to fund electronic permitting system
Status: in_force

(1) The State Department of Geology and Mineral Industries may impose and collect a surcharge as a percentage of each invoice generated by the department’s electronic permitting system. The surcharge percentage rate is 10.7 percent.

(2) Intentionally left blank —Ed.

(a) Notwithstanding subsection (1) of this section, the department may reduce the surcharge percentage rate under subsection (1) of this section to a rate that the department determines will be sufficient to cover the anticipated expenses of the Electronic Permitting System Subaccount under ORS 516.070 (Geology and Mineral Industries Account) (5) during the next biennium and to maintain an adequate operational reserve in the subaccount.

(b) The department shall implement a reduced rate, if any, by issuing an order on or before January 1 of the odd-numbered year that sets forth the reduced rate for the next biennium.

(c) The department shall notify all persons with an active account within the electronic permitting system of the reduced rate, if any.

(d) Unless extended by a subsequent order under this subsection, the reduced rate expires at the end of the biennium, after which the department shall charge the surcharge percentage rate as described in subsection (1) of this section.

(3) Surcharge moneys collected by the department under this section shall be deposited into the same fund or account as the fee or invoice payment associated with the surcharge. The department shall periodically transfer all surcharge moneys collected by the department under this section into the Electronic Permitting System Subaccount established under ORS 516.070 (Geology and Mineral Industries Account) (5). [2023 c.274 §2]

Note: 516.061 (Department surcharge to fund electronic permitting system) was added to and made a part of ORS chapter 516 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 516.061 — Department surcharge to fund electronic permitting system; reduction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 517.250 — OR Code / Title 43 / Chapter 517 / Section 517.250
517.250 Form of notice
Status: in_force

The notice shall be in writing and signed by the co-owner who performed or caused to be performed the assessment work. It shall be served upon the delinquent co-owner personally by the sheriff of the county in which the mine is situated, if the delinquent co-owner is within the county. If the delinquent co-owner can be found in any other county, then the notice shall be served by the sheriff of that county. If the delinquent co-owner cannot be found within the state, or if at the time of giving the notice the delinquent co-owner is without the state, service of the notice shall be made by publication thereof in the weekly newspaper published in the county nearest to where the mine is situated. If there are two or more papers published in the county at the same distance from the mine, the co-owner giving notice may elect in which paper the notice shall be published. If no weekly newspaper is published within the county, service of the notice shall be made by publication in any other weekly newspaper within the state published nearest the mine. The notice shall be published at least once a week for a period of 90 days after the first publication.

Source: Section 517.250 — Form of notice; service; publication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.715 — OR Code / Title 43 / Chapter 517 / Section 517.715
517.715 Exemptions from permit requirement
Status: in_force

(1) When exploration will result in less than one acre of surface disturbance or drilling to 50 feet or less, any person conducting exploration is exempted from the requirements of the permit procedure described in ORS 517.702 (Legislative findings) to 517.740 (Rules) . However, nothing in this section exempts a person from the requirements of ORS chapter 273 or the requirements of other departments.

(2) All mineral exploration drill holes shall comply with the abandonment procedures specified in ORS 517.705 (Exploration permit) (2)(f). [Formerly 517.966; 1999 c.492 §12; 2020 s.s.2 c.4 §11]

Source: Section 517.715 — Exemptions from permit requirement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 520.320 — OR Code / Title 43 / Chapter 520 / Section 520.320
520.320 Unitization order does not terminate prior agreements or affect oil and gas rights
Status: in_force

(1) No division order or other contract relating to the sale or purchase of production from a separately owned tract may be terminated by the order providing for unit operations, but remains in force and applies to oil and gas allocated to that tract until terminated in accordance with the provisions thereof.

(2) Except to the extent that the parties affected so agree, no order providing for unit operations results in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area.

(3) All property, whether real or personal, that may be acquired in the conduct of unit operations under ORS 520.260 (Hearing to determine need for unitization of operations) to 520.330 (Effect of operations in unit area) and 520.230 (Approved agreement for cooperative or unit development of pool not to be construed as violating certain regulatory laws) (2) shall be acquired for the account of the owners within the unit area, and is the property of such owners in the proportion that the expenses of unit operations are charged. [1961 c.671 §§11,12]

Source: Section 520.320 — Unitization order does not terminate prior agreements or affect oil and gas rights; acquisition of property during unit operations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 520.045 — OR Code / Title 43 / Chapter 520 / Section 520.045
520.045 Determination of waste of oil or gas
Status: in_force

The State Department of Geology and Mineral Industries may determine whether waste of oil or gas over which it has jurisdiction exists or is imminent. In the exercise of such power the department may:

(1) Collect data.

(2) Make investigations and inspections.

(3) Examine properties, leases, papers, books and records, including drilling records and logs.

(4) Examine, check, test and gauge oil and gas wells and tanks.

(5) Hold hearings.

(6) Provide for the keeping of records and the making of reports.

(7) Take such action as may be reasonably necessary to enforce this chapter. [1953 c.667 §6; 2007 c.672 §8]

Source: Section 520.045 — Determination of waste of oil or gas , https://www.­oregonlegislature.­gov/bills_laws/ors/ors520.­html (accessed May 26, 2025).
ORS § 517.430 — OR Code / Title 43 / Chapter 517 / Section 517.430
517.430 Use of timber by lessee
Status: in_force

(1) The lessee of the Department of State Lands under ORS 273.551 (Mining and drilling leases on state lands) may use down timber found on the premises for fuel, and may cut and use green timber in the construction of buildings required in the operation of a mine on the premises, or for lining test pits or shafts, or for timbering drifts or excavations, or for other mining purposes, but for no other purpose.

(2) The lessee of the State Forester under ORS 273.551 (Mining and drilling leases on state lands) may use down timber found on the premises for fuel and may cut and use green timber for lining test pits or shafts, or for timbering drifts or excavations, or for other mining purposes, but for no other purpose. [Amended by 1953 c.65 §5]

Source: Section 517.430 — Use of timber by lessee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 516.020 — OR Code / Title 43 / Chapter 516 / Section 516.020
516.020 Creation of department
Status: in_force

There is created a State Department of Geology and Mineral Industries.

Source: Section 516.020 — Creation of department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 516.035 — OR Code / Title 43 / Chapter 516 / Section 516.035
516.035 Powers of department
Status: in_force

The State Department of Geology and Mineral Industries may:

(1) Make or have made qualitative and quantitative determinations of ores and minerals that are submitted for such purpose and that are from within the State of Oregon. The department shall mail to the sender of such ores or minerals the results of such determination as soon as practicable after making such determination. Such services shall be performed by the department at the request of a member of the general public at a reasonable charge.

(2) Perform geological surveys or analyses at the request of any state agency if department funding allows undertaking such surveys or analyses and may make reasonable charges for these services.

(3) Collect and exhibit specimens, samples and photographs, models and drawings of appliances in the mines, mills and metallurgical plants of Oregon.

(4) Enter into contracts or agreements with the federal government or any agency thereof, pursuant to which the department shall operate or act as the agent of the federal government in the operation of a mineral assay service or similar analytical service, the cost of which is to be reimbursed by the federal government.

(5) Establish, equip and operate a geochemical laboratory which may:

(a) Make geochemical determinations at the request of any department, institution or other agency of the state, without any charge in excess of the actual cost thereof.

(b) Make other geochemical determinations at a reasonable charge in excess of the actual cost thereof.

(6) Enter into contracts or agreements with a person, a public body as defined in ORS 174.109 (“Public body” defined) or the federal government or an agency thereof, pursuant to which the department performs geoscientific surveys or analyses. [1971 c.441 §4; 1973 c.180 §1; 1993 c.260 §3; 2011 c.72 §1]

Source: Section 516.035 — Powers of department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 517.975 — OR Code / Title 43 / Chapter 517 / Section 517.975
517.975 Distribution of completed consolidated application
Status: in_force

Upon receipt of a completed consolidated application, the State Department of Geology and Mineral Industries shall:

(1) Provide copies of the application to each affected local government, permitting agency, cooperating agency or federal agency.

(2) Provide notice of the receipt of the consolidated application in accordance with ORS 517.959 (Public notice requirements for ORS 517.952 to 517.989) . The notice shall include information about the opportunity for submitting written comments on the application and about the public hearing conducted as required under ORS 517.977 (Preparation of draft permits) . [1991 c.735 §14]

Source: Section 517.975 — Distribution of completed consolidated application; notice of receipt of application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 522.515 — OR Code / Title 43 / Chapter 522 / Section 522.515
522.515 When agreement or plan held not to violate state securities or trade law
Status: in_force

(1) A unit agreement or unitization plan under a board rule adopted or order issued pursuant to ORS 522.405 (Unitization) shall not be held or construed to violate ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) , 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness) , 59.991 (Criminal penalties for ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995) and 59.995 (Civil penalties for ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991) or any state statute relating to trusts, monopolies or contracts and combinations in restraint of trade if the board has made a finding that the agreement is in the public interest for the protection of correlative rights and is necessary to enhance recovery of geothermal resources or to prevent waste.

(2) Any voluntary unit agreement or plan for unitization between owners, holders of working interests and holders of royalty interests for the exploration, development and operation of a unit area shall not be held or construed to violate ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) , 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness) , 59.991 (Criminal penalties for ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995) and 59.995 (Civil penalties for ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991) or any state statute relating to trusts, monopolies or contracts and combinations in restraint of trade if the agreement is approved by the board as being in the public interest for the protection of correlative rights and necessary to enhance recovery of geothermal resources or to prevent waste.

(3) A voluntary agreement may be submitted to the board for approval as being in the public interest for the protection of correlative rights and necessary to enhance recovery of geothermal resources or to prevent waste. Board approval constitutes a complete defense to any proceeding charging violation of ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) , 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness) , 59.991 (Criminal penalties for ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995) and 59.995 (Civil penalties for ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991) or of any state statute relating to trusts or monopolies on account of operations conducted pursuant to the agreement.

(4) The failure to submit a voluntary agreement for board approval does not constitute evidence that the agreement or operation violates ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) , 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness) , 59.991 (Criminal penalties for ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995) and 59.995 (Civil penalties for ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991) or any state statute relating to trusts or monopolies. [1981 c.588 §19]

Source: Section 522.515 — When agreement or plan held not to violate state securities or trade law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html (accessed May 26, 2025).
ORS § 517.790 — OR Code / Title 43 / Chapter 517 / Section 517.790
517.790 Operating permit required for surface mining on certain lands
Status: in_force

(1) A landowner or operator may not allow or engage in surface mining on land not surface mined on July 1, 1972, without holding a valid operating permit from the State Department of Geology and Mineral Industries for the surface mining operation. A separate permit is required for each separate surface mining operation. A person seeking an operating permit from the department shall submit an application on a form provided by the department that contains the following information:

(a) The name and address of the landowner and the operator and the names and addresses of any persons designated by them as their agents for the service of process.

(b) The materials for which the operation is to be conducted.

(c) The type of surface mining to be employed in the operation.

(d) The proposed date for the initiation of the operation.

(e) The size and legal description of the lands that will be affected by the operation, and, if more than 10 acres of land will be affected by the operation and if the department determines that the conditions warrant it, a map of the lands to be surface mined that includes the boundaries of the affected lands, topographic details of the lands, the location and names of all streams, roads, railroads, utility facilities, wells, irrigation ditches, ponds, stockpiles, buffers, setbacks and excavation boundaries within or adjacent to the lands, the location of all proposed access roads to be protected or constructed in conducting the operation and the names and addresses of the owners of all surface and mineral interests of the lands included within the surface mining area.

(f) If practicable, a plan for visual screening by vegetation or otherwise that will be established and maintained on the lands within the operation for the purpose of screening the operation from the view of persons using adjacent public highways, public parks and residential areas.

(g) The type of monitoring well abandonment procedures.

(h) A proposed reclamation plan that is acceptable to and approved by the department.

(i) Any other information that the department considers pertinent in its review of the application.

(2) The department may waive the requirement for preparation and approval of a reclamation plan if:

(a) The operation is conducted as part of the on-site construction of a building, public works project or other physical improvement of the subject property;

(b) The operation is reasonably necessary for such construction; and

(c) The proposed improvements are authorized by the local jurisdiction with land use authority.

(3) The department may not issue an operating permit to an operator other than the owner or owners of the surface and mineral interests of the lands included within the surface mining area unless the operator:

(a) Has written approval from the owner or owners of all surface and mineral interests of the lands included within the surface mining area; and

(b) Maintains a legal interest in the lands that is sufficient to ensure that the operator has the authority to operate and reclaim the lands as provided in the operating permit and reclamation plan.

(4) The department may refuse to issue an operating permit to a person who has not, in the determination of the department, substantially complied with the conditions of an operating permit or reclamation plan, the provisions of this chapter or the rules adopted by the department to carry out the purposes of this chapter.

(5) The department shall issue a provisional operating permit to an applicant that has not obtained all required federal, state and local permits and approvals for the proposed mining operation, provided:

(a) The applicant has complied with this chapter and the rules adopted by the department to carry out the purposes of this chapter; and

(b) The permit:

(A) Does not become effective until the applicant obtains all required permits and approvals; and

(B) Contains conditions:

(i) Requiring the applicant to obtain an amendment to the provisional operating permit if necessary to conform with a subsequently obtained federal, state or local permit or approval; and

(ii) Prohibiting the applicant from allowing or engaging in any surface mining operations on the land prior to the effective date of the provisional operating permit. [1971 c.719 §4; 1973 c.709 §2; 1987 c.361 §10; 1989 c.347 §10; 1999 c.353 §3; 2007 c.318 §7; 2017 c.736 §3]

Source: Section 517.790 — Operating permit required for surface mining on certain lands; application for permit; proposed reclamation plans; waiver of requirement for preparation and approval of reclamation plan; refusal to issue operating permit; provisional operating permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 517.992 — OR Code / Title 43 / Chapter 517 / Section 517.992
517.992 Civil penalties
Status: in_force

(1) In addition to any other sanction authorized by law, the governing board of the State Department of Geology and Mineral Industries may impose a civil penalty of not less than $200 per day and not more than $50,000 per day for any violation of ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) , of any rules adopted under those provisions, of any orders issued under those provisions or of any conditions of a permit issued under those provisions. A penalty may be imposed under this subsection without regard to whether the violation occurs on property covered by a permit issued under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) .

(2) Intentionally left blank —Ed.

(a) In addition to any other sanction authorized by law, and subject to the limitations of paragraph (b) of this subsection, the governing board of the State Department of Geology and Mineral Industries may impose a civil penalty of not more than $10,000 per day for any violation of ORS 517.702 (Legislative findings) to 517.740 (Rules) , 517.750 (Definitions for ORS 517.702 to 517.989) to 517.901 (Confidentiality of production records, mineral assessments and trade secrets) and 517.905 (Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951) to 517.951 (Legislative intent not to assume exclusive jurisdiction) , of any rules adopted under those provisions, of any orders issued under those provisions or of any conditions of a permit issued under those provisions.

(b) A penalty may be imposed under this subsection only if a landowner or operator fails to complete erosion stabilization as required by ORS 517.775 (Permit fee for certain landowners and operators) or board rules adopted to implement that section, if the operator has failed to comply with an order issued under ORS 517.860 (Effect of failure to comply with operating permit or reclamation plan) or 517.880 (Order for suspension of surface mining operation operating without required permit) , if the operation is being conducted in violation of conditions imposed on an operating permit or reclamation plan pursuant to ORS 517.835 (Conditions on operating permit or reclamation plan to prevent impact on ground water) or if the operation is being conducted:

(A) Without a permit;

(B) Outside the permit boundary; or

(C) Outside a permit condition regarding boundaries, setbacks, buffers or the placement of surface mining refuse.

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

(4) Failure to pay a civil penalty that has become final under this section shall be grounds for revocation of any permit issued under ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) to the person against whom the penalty has been assessed.

(5) Any civil penalty received by the State Treasurer under this section shall be deposited in the General Fund to the credit of the Geology and Mineral Industries Account and is continuously appropriated to the State Department of Geology and Mineral Industries to the extent necessary for the administration and enforcement of the laws, rules and orders under which the penalty was assessed.

(6) A reclamation fund shall be established into which funds not used as described in subsection (5) of this section shall be deposited. This money shall be used by the State Department of Geology and Mineral Industries for the purpose of the reclamation of abandoned mine and drill sites.

(7) When a single incident violates statutes, rules, board orders or permit conditions administered by more than one agency, the department shall coordinate with the other agencies having civil penalty authority before imposing a civil penalty.

(8) In implementing this section, the department shall adopt rules that provide civil penalties that are commensurate with the severity of violations.

(9) A civil penalty may be imposed against the board of directors and high managerial agents of a corporation if those persons engage in, authorize, solicit, request, command or knowingly tolerate the conduct for which the penalty is to be imposed. As used in this subsection, “agent” and “high managerial agent” have the meanings given those terms in ORS 161.170 (Criminal liability of corporations) . [1991 c.735 §24c; 1993 c.341 §1; 1997 c.183 §4; 2001 c.262 §1; 2003 c.470 §3; 2007 c.318 §14; 2013 c.371 §26]

Source: Section 517.992 — Civil penalties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).
ORS § 516.130 — OR Code / Title 43 / Chapter 516 / Section 516.130
516.130 Duties of State Geologist
Status: in_force

(1) The State Geologist shall be covered by a bond as set forth in ORS 291.011 (Blanket fidelity bonds for state officers and personnel) .

(2) The State Geologist may employ qualified persons subject to any applicable provisions of the State Personnel Relations Law.

(3) The State Geologist shall report to the governing board of the State Department of Geology and Mineral Industries as requested by the board concerning the administration of the State Department of Geology and Mineral Industries.

(4) The State Geologist shall make every effort to complete promptly for publication all notes, charts and maps covering mineral and geological investigations of the department, so that public distribution of same may take place as closely as possible after the completion of field investigations.

(5) The State Geologist shall have charge of, organize and supervise the work of the department and perform such other duties as may be necessary to carry out the work of the department. [Amended by 1991 c.331 §74; 1993 c.260 §9]

Source: Section 516.130 — Duties of State Geologist; bond; employment of personnel; report to board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors516.­html (accessed May 26, 2025).
ORS § 523.310 — OR Code / Title 43 / Chapter 523 / Section 523.310
523.310 Errors in assessment
Status: in_force

Claimed errors in the calculation of assessments shall be called to the attention of the secretary of the district, who shall determine whether there has been an error in fact. If the secretary finds that there has been an error in fact, the secretary shall recommend to the district board an amendment to the assessment ordinance to correct the error. Upon enactment of the amendment, the secretary shall make the necessary correction in the lien docket and send a correct notice of assessment by registered or certified mail. [1975 c.782 §28]

Source: Section 523.310 — Errors in assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors523.­html (accessed May 26, 2025).
ORS § 517.170 — OR Code / Title 43 / Chapter 517 / Section 517.170
517.170 Policy
Status: in_force

It is in the interest of the State of Oregon to provide a mechanism for the removal of dormant encumbrances on property which prevent a landowner from using or developing that property in a manner which contributes to the economy and increases the state’s tax base. [1983 c.421 §1]

Source: Section 517.170 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html (accessed May 26, 2025).