justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 540 — Distribution and Storage of

ORS 540.446. Dams not subject to ORS 540.443 to 540.491. (1) ORS 540.443 to 540.491 do not apply to: (a) A dam that is less than 10 feet in height; or (b) A dam that impounds less than 3 million gallons of water or wastewater. (2) Except as provided in this subsection, ORS 540.443 to 540.491 do not apply to dams regulated under a federal dam safety program. If there is a potential or actual risk of dam failure at a dam regulated under a federal dam safety program, the Water Resources Department may aid in the inspection of the dam and may provide advice and assistance to prevent, mitigate or respond to a potential or actual dam failure.
ORS Chapter 540 — Distribution and Storage of

ORS 540.449. Construction plan approval; fees; rules. (1) A person may not construct a dam unless the Water Resources Department has examined the site, plans and specifications, features and other supporting information regarding the construction and operation of the dam and has approved them in writing. (2) Except as provided in this subsection, a dam may not be used to impound water or wastewater until final documentation for the site, plans and specifications, features and other supporting information of the dam has been submitted to and accepted by the department after completion of construction. The Water Resources Commission may adopt rules to allow all or a portion of a previously authorized impoundment during construction work on a dam that is undergoing modification. (3) The department may charge a fee for an examination under subsection (1) of this section of information regarding construction of a new dam or construction to modify dam height. The fee may not exceed the lesser of the costs of providing the examination or: (a) $1,750 for a dam that has a low hazard rating; (b) $3,500 for a dam that has a significant hazard rating; or (c) $8,500 for a dam that has a high hazard rating. (4) The department may waive the requirements in subsections (1) and (2) of this section as necessary to address an actual or potential dam failure that poses an imminent risk to life, property or public infrastructure, including but not limited to waiving the requirements for actions identified in an emergency action plan.
ORS Chapter 540 — Distribution and Storage of

ORS 540.452. Removal plan approval. (1) An owner seeking to remove a dam that has a significant hazard rating or high hazard rating must notify the Water Resources Department. The owner shall provide the department with a removal plan sufficiently in advance of the removal to allow the department reasonable time for evaluating the plan. The department may evaluate the removal plan to ensure that the plan includes appropriate safety precautions to protect life, property and public infrastructure from temporary inundation in the area below the dam during dam removal. The department may require modification of the removal plan or require that the work performed under the plan be supervised by an engineer to the extent the department concludes is necessary to protect life, property or public infrastructure from temporary inundation during dam removal. If the department requires modification of a dam removal plan or requires that the work be supervised by an engineer, the department shall provide the owner with an opportunity to meet with the department. (2) A person may not perform removal work on a dam that has a significant hazard rating or high hazard rating except as provided in subsection (1) of this section.
ORS Chapter 540 — Distribution and Storage of

ORS 540.455. Dam inspections and analysis. (1) The Water Resources Department, or agents or representatives of the department, may inspect a dam and the site, plans and specifications, features and other supporting information regarding the construction, maintenance and operation of a dam. If a dam has a high hazard rating, the department shall ensure that the dam is inspected annually unless the department determines that a different inspection schedule is appropriate. (2) The department shall provide the dam owner with an inspection document describing the condition of the dam and specific maintenance actions recommended by the department.
ORS Chapter 540 — Distribution and Storage of

ORS 540.458. Notice for owner corrective action to address safety issues. (1) If, as the result of an inspection or analysis of a dam that has a high hazard rating or significant hazard rating, the Water Resources Department concludes that corrective action is necessary to address a condition allegedly rendering the dam unsafe or potentially unsafe, the department shall notify the dam owner regarding: (a) Why the inspection or analysis of information and conditions causes the department to conclude that the dam is unsafe or potentially unsafe; (b) The action the department concludes is necessary to address the alleged unsafe or potentially unsafe condition; (c) The opportunity for the dam owner to meet with the department; and (d) The opportunity for the dam owner to provide information to challenge the departments conclusion alleging that the dam is unsafe or potentially unsafe. (2) The department shall notify a dam owner under subsection (1) of this section by: (a) Registered mail; or (b) Certified mail with return receipt requested.
ORS Chapter 540 — Distribution and Storage of

ORS 540.464. Examinations, inspections and reports by specialists. The Water Resources Department may accept the reports of consulting engineers, geologists or other specialists employed by the dam owner. If the department concludes that the reports are insufficient, the department may employ consulting engineers, geologists or other specialists as agents or representatives of the department to make special examinations and inspections and to prepare reports for the department. The cost of such special examinations, inspections and reports shall be paid by the department or, upon mutual agreement, may be divided between the department and the dam owner.
ORS Chapter 540 — Distribution and Storage of

ORS 540.467. Owner action to address maintenance issues; hearing; proposed and final orders; penalty. (1) If, as the result of an inspection under ORS 540.455 of a dam that has a significant hazard rating or high hazard rating, the Water Resources Department concludes that maintenance actions are needed, the department shall inform the dam owner of the need for maintenance actions. The department shall provide the information by inclusion in the inspection document and provide the dam owner with the opportunity to meet with the department concerning the information. (2) If the department or its agent or representative conducts an inspection and the department determines that the dam owner has failed to take needed maintenance actions identified in a prior inspection document, in addition to any other available remedies, the Water Resources Director may issue a proposed final order under subsection (3) of this section. A proposed final order under subsection (3) of this section shall include notice and opportunity for hearing under ORS 183.413 to 183.470. (3) Subject to subsection (2) of this section, the director may issue a proposed final order that includes, but need not be limited to, provisions: (a) Requiring the dam owner to perform the needed maintenance actions by a specified date; and (b) Imposing a civil penalty under ORS 540.995, not to exceed an amount established by the Water Resources Commission by rule, for failing to address the needed maintenance actions identified in the proposed final order or failing to comply with a resolution reached through informal or alternative means. (4) If the dam owner performs needed maintenance actions required by a proposed final order issued under subsection (3) of this section to the satisfaction of the department by the date specified in the proposed final order, the director may not impose any civil penalty that was described in the proposed final order. (5) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183. (6) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in this section.
ORS Chapter 540 — Distribution and Storage of

ORS 540.470. Contested case hearings. If the Water Resources Director issues a proposed final order under ORS 540.461, regarding a dam that the Water Resources Department has concluded is unsafe, and the director requests that the scheduling of any contested case hearing on the proposed final order be expedited, the Office of Administrative Hearings shall expedite the date of the contested case hearing to the extent that the office considers is practicable and will give the dam owner reasonable time to prepare.
ORS Chapter 540 — Distribution and Storage of

ORS 540.473. Application for injunction. In addition to any other available remedies, if the Water Resources Department has information that a person is violating or intends to violate a final order issued under ORS 540.461, or concludes that a dam poses an imminent risk to life, property or public infrastructure, the department may apply to the circuit court for Marion County or to the circuit court for any county where all or part of the dam is located for a temporary or permanent injunction requiring the person to: (1) Refrain from violation of the order; or (2) Take any actions necessary to remedy an imminent risk to life, property or public infrastructure.
ORS Chapter 540 — Distribution and Storage of

ORS 540.476. Action to declare dam public nuisance. In addition to any other available remedies, if an order issued under ORS 540.461 (4) becomes final by operation of law or on appeal, and the dam owner fails to comply with the order, the Water Resources Department may request that the Attorney General or the district attorney of any county where all or part of the dam is located bring an action to have the dam declared a public nuisance that must be removed at the dam owners expense.
ORS Chapter 540 — Distribution and Storage of

ORS 540.479. Dam owner responsibilities. (1) The owner of record of a dam shall: (a) Provide the Water Resources Department with contact information in an emergency action plan, or in writing if no emergency action plan exists, for: (A) The dam owner; (B) The operator of the dam, if other than the owner; and (C) The individual in immediate charge of the dam; (b) Notify the department of any changes in the contact information provided under this subsection; and (c) Provide the department with notice after completing a transfer of title for the dam. (2) The dam owner shall review and evaluate the conditions at the dam as necessary to: (a) Keep the dam in good repair and properly maintained; and (b) Address any detected conditions that may pose a risk of dam failure.
ORS Chapter 540 — Distribution and Storage of

ORS 540.482. Emergency action plan for dam with high hazard rating. (1) The Water Resources Department shall require the owner of a dam that has a high hazard rating to develop an emergency action plan for the dam. (2) An emergency action plan required under this section must include, but need not be limited to: (a) Means for emergency condition detection; (b) Means for emergency level determination; (c) Identification of, and information necessary for, notifications and communications to be made at each level of emergency condition; (d) A description of actions expected to be undertaken to prevent dam failure or reduce the effects of dam failure; (e) A map of dam failure inundation zones for varying conditions, including, but not limited to, dry weather conditions and high flood conditions; and (f) Procedures to be followed at the termination of an emergency. (3) A dam owner that develops an emergency action plan required under this section shall file copies of the plan with the Water Resources Department, the Oregon Department of Emergency Management and the local emergency services agency for the county where the dam is located. The Water Resources Department, in consultation with the Oregon Department of Emergency Management and local emergency services agency, shall periodically review the emergency action plan and may require updates to the plan. (4) The Water Resources Department, in consultation with the Oregon Department of Emergency Management and local emergency services agency, shall determine the appropriate frequency for conducting emergency response exercises at a dam that has a high hazard rating.
ORS Chapter 540 — Distribution and Storage of

ORS 540.485. Actual or potential dam failure. (1) If an actual or potential dam failure creates an imminent risk to life, property or public infrastructure, and an emergency action plan exists for the dam, the dam owner shall immediately implement the actions specified in the plan. (2) If an actual or potential dam failure creates an imminent risk to life, property or public infrastructure, and no emergency action plan exists for the dam, the dam owner shall immediately: (a) Notify by telephone or other method that ensures immediate notification: (A) If the dam has a significant hazard rating, the local emergency services agency for the county where the dam is located; (B) The Water Resources Department; and (C) To the extent practicable, persons in areas where the potential for dam failure creates a risk to life, property or public infrastructure; and (b) Take all practicable actions to prevent dam failure. (3) If the department is aware of conditions that indicate the need for immediate action to prevent dam failure, the department may advise the owner or operator of the dam or the individual in immediate charge of the dam regarding the actions necessary to prevent the dam failure. (4) The department may communicate and coordinate actions necessary to reduce the risk of dam failure. If there is a rapidly increasing leakage or risk of overtopping at a dam that has a significant hazard rating or high hazard rating, the department may open gates or valves and may siphon or pump water to reduce the water level in the reservoir. Activities under this subsection by the department do not relieve the owner, the operator or an individual in immediate charge of a dam from the responsibility to prevent the dam failure. (5) If a dam that has a significant hazard rating or high hazard rating presents an imminent risk of dam failure, the department or its agent or representative may enter without notice or permission upon any property that affords access to the dam to the extent entry is reasonable or necessary to allow evaluation of the condition or risk or to undertake actions described in subsection (4) of this section.
ORS Chapter 540 — Distribution and Storage of

ORS 540.488. Water Resources Commission duties and powers; rules. (1) The Water Resources Commission may adopt rules the commission deems necessary or convenient for the administration and enforcement of ORS 540.443 to 540.491. (2) Notwithstanding subsection (1) of this section, the commission shall adopt rules that, at a minimum, establish: (a) A schedule of civil penalty amounts for purposes of ORS 540.995; (b) The conditions under which the Water Resources Department may remit a civil penalty; and (c) Standards for the site, plans, specifications, designs and other engineering requirements for the construction or removal of a dam. (3) In addition to any other powers of the department, in carrying out department duties, functions and powers under ORS 540.443 to 540.491, the department may: (a) Enter into contracts, memorandums of understanding and intergovernmental agreements for: (A) The inspection, evaluation or study of dams; or (B) The response to dam failure or potential dam failure; (b) Accept moneys from any public or private source for the administration and enforcement of ORS 540.443 to 540.491 or for enhancing the safety of dams or the protection of life, property or public infrastructure in areas below dams; (c) Coordinate with federal, tribal, state, local and private entities to enhance the safety of dams or the protection of life, property or public infrastructure in areas below dams; and (d) Waive or reduce fees for dams inspected by another state agency under a memorandum of understanding with the department.
ORS Chapter 540 — Distribution and Storage of

ORS 540.491. immediate charge of a dam from any duty, obligation or liability regarding the ownership, maintenance or operation of the dam. (2) Water Resources Department actions and services under ORS 540.443 to 540.491 do not relieve the owner or operator of a dam or an individual in immediate charge of a dam from any duty, obligation or liability regarding the ownership, maintenance or operation of the dam. [2019 c.390 18] CHANGES IN USE OF WATER; TRANSFER OF WATER RIGHTS; EXCHANGE
ORS Chapter 540 — Distribution and Storage of

ORS 540.505. Definitions. As used in ORS 540.505 to 540.585: (1) District means an irrigation district formed under ORS chapter 545, a drainage district formed under ORS chapter 547, a water improvement district formed under ORS chapter 552, a water control district formed under ORS chapter 553 or a corporation organized under ORS chapter 554. (2) Primary water right means the water right designated by the Water Resources Commission as the principal water supply for the authorized use, or if no designation has been made, the water right designated by the applicant as the principal water supply for the authorized use. (3) Supplemental water right or permit means an additional appropriation of water to make up a deficiency in supply from an existing water right. A supplemental water right or permit is used in conjunction with a primary water right. (4) Water use subject to transfer means a water use established by: (a) An adjudication under ORS chapter 539 as evidenced by a court decree; (b) A water right certificate; (c) A water use permit for which a request for issuance of a water right certificate under ORS 537.250 has been received and approved by the Water Resources Commission under ORS 537.250; or (d) A transfer application for which an order approving the change has been issued under ORS 540.530 and for which proper proof of completion of the change has been filed with the Water Resources Commission.
ORS Chapter 540 — Distribution and Storage of

ORS 540.510. Appurtenancy of water to premises; restrictions on change of use, place of use or point of diversion; application for transfer of primary and supplemental water rights; right to use conserved water. (1)(a) Except as provided in subsections (2) to (8) of this section, all water used in this state for any purpose shall remain appurtenant to the premises upon which it is used and no change in use or place of use of any water for any purpose may be made without compliance with the provisions of ORS 540.520 and 540.530. However, the holder of any water use subject to transfer may, upon compliance with the provisions of ORS 540.520 and 540.530, change the use and place of use, the point of diversion or the use of the water without losing priority of the right. A district may change the place of use in the manner provided in ORS 540.572 to
ORS Chapter 540 — Distribution and Storage of

ORS 540.524. Substitution of supplemental water right from ground water source for primary water right from surface water source; application; fee. (1) Notwithstanding ORS 540.510 or 540.670, upon approval of an application submitted to the Water Resources Department, the holder of both a primary water right originating from a surface water source and a supplemental water right permit or certificate originating from a ground water source may substitute the use of the supplemental water right for the primary water right. A substitution may not be made under this subsection if the use of the supplemental water right results in an enlargement or expansion of the primary water right. This subsection does not authorize a change in place of use, type of use, point of diversion or point of appropriation. (2) An application required under subsection (1) of this section shall be submitted on forms provided by the department. The department may request additional information if necessary to assist with the injury evaluation. Each application shall be submitted with the fee described in ORS 536.050 (1)(s). (3) Upon receiving an application under subsection (1) of this section, the department shall provide notice, accept protests and conduct hearings on protests in the manner described in ORS 540.520 (5), (6) and (7). (4) The Water Resources Director shall issue an order approving or denying the substitution. If the proposed substitution will result in injury to other water rights, the director shall prohibit or condition the use to avoid or mitigate the injury. The director shall issue an order approving or denying the substitution within 90 days after the department receives an application under subsection (1) of this section. (5) For the purpose of ORS 540.610, a substituted primary surface water right shall be treated as a supplemental water right, and a substituted supplemental ground water right shall be treated as a primary water right. (6) A completed and approved substitution of a supplemental ground water right for a primary surface water right under this section may be terminated upon a request by the water right holder or by an order of the director if the director determines that the use of the ground water as the primary water right causes injury to other water rights. Upon termination, the substituted primary and supplemental water rights shall revert back to their original status. [1999 c.555 2] Note:
ORS Chapter 540 — Distribution and Storage of

ORS 540.525. Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion. (1) Upon receipt of an application for a change in the point of diversion under ORS 540.520, the Water Resources Department shall consult with the State Department of Fish and Wildlife to determine whether the diversion is: (a) Equipped with an appropriate fish screening or by-pass device; or (b) Included on the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989. (2) If the original point of diversion is included in the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989, the department, after consulting with the State Department of Fish and Wildlife, may require the installation of an appropriate fish screening or by-pass device at the new point of diversion. (3) When consulting with the State Department of Fish and Wildlife, the department shall determine whether the installation of an appropriate fish screening or by-pass device is necessary to prevent fish from leaving the body of water and entering the diversion. (4) Any individual who is required to install a fish screening or by-pass device under this section at a point of diversion may participate in the State Department of Fish and Wildlifes cost-sharing program for the installation of screening or by-pass devices.