reglab/housing_qa huggingface dataset:
OR Rev Stat § 540.430 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 540.430 - Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery.

(1) Upon the failure of any co-owner to pay a proportionate share of the expense, as mentioned in ORS 540.420, within 30 days after receiving a statement of the same as performed by the co-owner, the latter may secure payment of the claim by filing an itemized and sworn statement thereof, setting forth the date of performance and the nature of the labor performed, with the county clerk of the county wherein the ditch is situated. When so filed it shall constitute a valid lien against the interest of the person in default, which lien may be established and enforced in the same manner as provided by law for the enforcement of mechanic’s liens. (2) In lieu of proceeding to enforce the lien, the person performing the labor may file an itemized and sworn statement with the watermaster of the district within which the ditch is located, setting forth the date of performance, the nature of the labor performed, the total expense incurred by the person and the proportion of the expense each owner should pay, together with a written request that the watermaster take charge of the distribution of the water from the ditch to the parties entitled to the use thereof. Thereupon the watermaster may proceed to distribute the water in accordance with established rights. However, if an owner or user has not paid the proportion of expenses of the owner or user incurred for the proper maintenance and operation of the ditch, the watermaster may serve such party with written notice, personally, by registered mail or by certified mail with return receipt, setting forth the proportion of expenses incurred for which the owner or user is obligated to pay. If the party so served refuses or neglects to pay that part of the expense within 10 days after the serving or mailing of the notice, the watermaster may refuse to deliver water to be used upon the lands of such person until after the expense has been paid. [Amended by 1991 c.249 §52]
OR Rev Stat § 540.435 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 540.435 - Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order.

(1) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water use information necessary because of serious water management problems created by ground water decline, unresolved user disputes or frequent water shortages, the commission by rule may require a water right owner using any surface or ground water source within the state to install a totalizing measuring device and to submit annually a water use report. (2) Before the commission implements any requirements under subsection (1) of this section the commission shall: (a) Cause a hearing to be conducted in the affected area to determine whether a serious management problem exists; and (b) Allow any affected person an opportunity to present alternative methods or devices that could be used to provide the information necessary to manage the water resource or to alleviate the water management problem. (3) The watermaster may prohibit the diversion or use of water by anyone who has failed to comply with a commission rule or order requiring installation of measuring devices or submission of a water use report. [1987 c.649 §7]
OR Rev Stat § 540.440 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 540.440 - Owner to clear weeds from ditch right of way.

All persons owning or controlling any water ditches shall keep their right of way along the ditches clean and free from wild oats, mustard, thistles, or any weeds or noxious grasses whatsoever. [Amended by 2011 c.9 §73]
OR Rev Stat § 540.443 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 540.443 - Definitions for ORS 540.443 to 540.491.

As used in ORS 540.443 to 540.491: (1) "Construct" means: (a) To build a new dam; (b) To modify dam height; or (c) To make modifications to a dam that: (A) Do not include modifying dam height, performing maintenance actions or removing a dam; (B) Have a potential impact on the safe functioning of the dam; and (C) Are to an extent that the modified dam structures no longer conform to the original design. (2) "Dam" means: (a) A hydraulic structure built above the natural ground gradeline that is used to impound water or wastewater; and (b) Appurtenant structures on or adjacent to hydraulic structures described in paragraph (a) of this subsection that affect the stability of, or the control of water through or away from, the hydraulic structure. (3) "Dam failure" means a rapid, sudden and uncontrolled release of water or wastewater due to loss of dam integrity. (4) "Emergency action plan" means a plan that assists a dam owner or operator, and local emergency management personnel, to perform actions to ensure human safety in the event of a potential or actual dam failure. (5) "High hazard rating" means that the department expects loss of human life to occur if a dam fails. (6) "Maintenance action" means measures that are necessary to address a condition that, if left unaddressed, may cause a dam to become unsafe or potentially unsafe. (7) "Potentially unsafe" means that, based on an inspection or analysis: (a) It is probable that a dam cannot withstand an extreme flood or earthquake; or (b) The dam has a high risk of internal erosion. (8) "Significant hazard rating" means the department does not expect loss of life to occur if a dam fails, but does expect extensive damage to property or public infrastructure. (9) "Unsafe" means that, based on an inspection or analysis: (a) It is probable that a dam cannot be depended upon to retain or pass water or wastewater as designed or operated; and (b) Inability of the dam to retain or pass water or wastewater as designed or operated could result in dam failure. [2019 c.390 §2]
OR Rev Stat § 540.446 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §3]
OR Rev Stat § 540.449 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §4]
OR Rev Stat § 540.452 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §5]
OR Rev Stat § 540.455 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §6]
OR Rev Stat § 540.458 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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 department’s 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. [2019 c.390 §7]
OR Rev Stat § 540.464 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §9]
OR Rev Stat § 540.467 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §10]
OR Rev Stat § 540.470 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §11]
OR Rev Stat § 540.473 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §12]
OR Rev Stat § 540.476 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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 owner’s expense. [2019 c.390 §13]
OR Rev Stat § 540.479 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §14]
OR Rev Stat § 540.485 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §16]
OR Rev Stat § 540.488 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures|Section 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. [2019 c.390 §17]