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2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.967 - Agency report to legislative committee prior to adjustment of expenditure limitation or additional funding related to Oregon Plan.

Notwithstanding any other provision of law, if during the interim between legislative sessions any agency responsible for implementing a portion of the Oregon Plan or a program for the enhancement or restoration of streams throughout the state requires additional funding or an adjustment to the agency’s expenditure limitations as approved by the Legislative Assembly to complete implementation of the Oregon Plan, the agency shall first submit a report to the appropriate legislative committee. The committee shall review the request and present a recommendation to the Emergency Board at the time the agency submits its request to the Emergency Board. [Formerly 541.413]
Note:
See note under 541.890.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.969 - Report to Legislative Assembly by state agencies receiving subaccount moneys.

Each state agency that receives moneys from the Natural Resources Subaccount created under ORS 541.942 shall submit a report to the Legislative Assembly each biennium regarding the use of the moneys by the agency. The report shall include, but need not be limited to, a description of the measurable biennial and cumulative results of the activities and programs for which the agency expended the moneys. Reports required by this section are in addition to any audit report supplied by the Secretary of State under ORS chapter 297. [2011 c.643 §10]
Note:
See note under 541.890.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.972 - Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan.

(1) The Oregon Watershed Enhancement Board shall, by January 15 of each even-numbered year, submit a report to the Governor and to the appropriate committee or committees of the Legislative Assembly that assesses the implementation and effectiveness of the Oregon Plan in the state. The report shall address each drainage basin in the state and shall include, but need not be limited to:
(a) An assessment of data and information needs deemed critical to monitoring and evaluating watershed and habitat enhancement programs and efforts;
(b) An overview of state agency programs addressing watershed conditions;
(c) An overview of voluntary restoration activities addressing watershed conditions;
(d) A summary of investments made by the board from funds received under Article XV, section 4b, of the Oregon Constitution, and all other sources; and
(e) The recommendations of the board for enhancing the effectiveness of Oregon Plan implementation.
(2) Each natural resources agency shall provide information that the board requests for purposes of preparing the report described in subsection (1) of this section. An agency shall provide the information in the format and at the times determined by the board.
(3) For purposes of this section, "natural resources agency" includes:
(a) Department of Environmental Quality;
(b) State Department of Agriculture;
(c) State Department of Fish and Wildlife;
(d) State Forestry Department;
(e) Department of State Lands;
(f) Water Resources Department;
(g) Department of Land Conservation and Development;
(h) State Department of Geology and Mineral Industries;
(i) Oregon Watershed Enhancement Board;
(j) Fish and Wildlife Division of the Department of State Police;
(k) Department of Transportation;
(L) State Parks and Recreation Department;
(m) Oregon Business Development Department;
(n) State Marine Board; and
(o) Any other state agency that is required to manage, allocate or protect natural resources, either as the primary responsibility of the agency or in conjunction with the primary responsibilities of the agency.
(4) In addition to the report specified under subsection (1) of this section, the Oregon Watershed Enhancement Board shall report regularly during the interim on the implementation of the Oregon Plan to the appropriate legislative committee. [Formerly 541.420; 2017 c.14 §6]
Note:
541.972 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.974 - Stewardship Agreement Grant Fund.

(1) The Stewardship Agreement Grant Fund is established separate and distinct from the General Fund. The Stewardship Agreement Grant Fund shall consist of all moneys placed in the fund as provided by law. All moneys in the Stewardship Agreement Grant Fund are continuously appropriated to the State Board of Forestry to provide grants to carry out the purposes of stewardship agreements described in ORS 541.973. Interest accruing to the Stewardship Agreement Grant Fund shall be credited to the fund. Funds appropriated and not expended by the completion of a biennium shall remain in the Stewardship Agreement Grant Fund.
(2) The State Board of Forestry shall administer the Stewardship Agreement Grant Fund and provide grants from the fund to landowners who have entered into stewardship agreements for the purposes described in ORS 541.973.
(3) In addition to the funds made available for the purposes of ORS 541.973, the board also may accept gifts and grants from any public or private source for the purpose of providing the grants described in subsection (2) of this section. [Formerly 541.425]
Note:
541.974 and 541.975 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.975 - Criteria for funding projects from Stewardship Agreement Grant Fund.

The State Board of Forestry may award funds from the Stewardship Agreement Grant Fund only for the purposes described in ORS 541.974. Any projects that the board approves for funding must comply with the following criteria:
(1) There must be matching contribution from other program funds, in-kind services or other investment in the project; and
(2) The project must provide a public benefit through improved water quality or improved fish or wildlife habitat. [Formerly 541.426]
Note:
See note under 541.974.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.977 - Definitions for ORS 541.977 to 541.989.

As used in ORS 541.977 to 541.989:
(1) "Agricultural owner or operator" means a landowner, operator, manager or other person having responsibility for exercising control over the day-to-day operation of a farm or ranch.
(2) "Working land" means land that is actively used by an agricultural owner or operator for an agricultural operation that includes, but need not be limited to, active engagement in farming or ranching.
(3) "Working land conservation covenant" means a nonpossessory interest in working land for a fixed term that imposes limitations or affirmative obligations for the purposes that support the use of the land for agricultural production and for the maintenance or enhancement of fish and wildlife habitat, improvement of water quality or support of other natural resource values.
(4) "Working land conservation easement" means a permanent nonpossessory interest in working land that imposes limitations or affirmative obligations for purposes that support the use of the land for agricultural production and for the maintenance or enhancement of fish and wildlife habitat, improvement of water quality or support of other natural resource values. [2017 c.716 §1]
Note:
541.977 to 541.989 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.978 - Oregon Agricultural Heritage Fund.

(1) The Oregon Agricultural Heritage Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Agricultural Heritage Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Watershed Enhancement Board for the purpose of carrying out ORS 541.977 to 541.989.
(2) The board may accept contributions to the fund from any public or private source and may agree to any conditions for the expenditure of those contributions that are consistent with the purposes of the fund. [2017 c.716 §2]
Note:
See note under 541.977.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.979 - Expenditures from Oregon Agricultural Heritage Fund.

(1) The Oregon Watershed Enhancement Board may expend moneys from the Oregon Agricultural Heritage Fund to:
(a) Carry out the programs described in ORS 541.984;
(b) Pay reimbursements and staff support expenses associated with the activities of the Oregon Agricultural Heritage Commission established under ORS 541.986;
(c) Provide succession planning programs with funding recommended by the commission under ORS 541.989; and
(d) Pay the administrative expenses of the board for carrying out ORS 541.977 to 541.989.
(2) The amount paid from the fund during a biennium for reimbursements and expenses described in subsection (1)(b) and (d) of this section may not exceed 12 percent of the moneys credited to the fund during that biennium. [2017 c.716 §3]
Note:
See note under 541.977.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.981 - Conservation management plans for working lands; plan requirements.

(1) An agricultural owner or operator may enter into a conservation management plan with an organization for working land to be managed in a manner that supports one or more natural resource values. The conservation management plan may be composed of multiple components addressing different natural resource values as identified in subsection (2) of this section.
(2) A conservation management plan must be for the purpose of developing and implementing conservation measures or other protections for maintaining or enhancing fish or wildlife habitat, improving water quality or supporting other natural resource values in a manner consistent with the social and economic interests and abilities of the agricultural owner or operator. The plan may include provisions for addressing particular priorities related to natural resource values, including but not limited to soil, water, plants, animals, energy and human need considerations.
(3) A conservation management plan must:
(a) Meet the standards established by Oregon Watershed Enhancement Board rules;
(b) State the duration or terminating event for the plan;
(c) Be specific to the land, and account for the needs of, the agricultural owner or operator;
(d) Provide for the parties to review the plan on a regular basis;
(e) Provide for flexibility and allow for mutual modification as necessary to reflect changes in practices or circumstances;
(f) Provide for regular monitoring by the organization to ensure that the agricultural owner or operator is adhering to the plan;
(g) Make any receipt by the agricultural owner or operator of annual payments for carrying out the plan contingent on adherence to the plan; and
(h) Limit any annual payments for carrying out the plan to a term of not less than 20 years or more than 50 years.
(4) An organization that enters into, or proposes to enter into, a conservation management plan may apply to the board for a grant to fund the purchasing, implementing, carrying out or monitoring of the plan if the organization is:
(a) A holder, as defined in ORS 271.715, other than a state agency;
(b) A watershed council; or
(c) Tax exempt under section 501(c)(3) of the Internal Revenue Code. [2017 c.716 §4]
Note:
See note under 541.977.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.982 - Working land conservation covenants and easements; requirements.

(1) An owner of working land may enter into a working land conservation covenant with or grant a working land conservation easement to an organization that is a holder, as defined in ORS 271.715, other than a state agency. The covenant or easement must be for the purpose of ensuring the continued use of the land for agricultural purposes while maintaining or enhancing fish or wildlife habitat, improving water quality or supporting other natural resource values on the land. A working land conservation covenant must be for a term of years that is established as permissible in Oregon Agricultural Heritage Commission rules.
(2) In addition to the purposes required under subsection (1) of this section, a working land conservation covenant or working land conservation easement may provide for carrying out any purposes of a conservation easement, as defined in ORS 271.715. The covenant or easement must provide for carrying out those additional purposes in a manner consistent with ORS 271.715 to 271.795.
(3) A working land conservation covenant or working land conservation easement must:
(a) Provide for regular monitoring by the organization accepting the covenant or easement to ensure that the owner of the working land is adhering to the covenant or easement provisions; and
(b) If identical in duration to a conservation management plan for the working land, refer to the conservation management plan in the text of the covenant or easement.
(4) An organization that enters into, or proposes to enter into, a working land conservation covenant or accept a working land conservation easement may apply to the Oregon Watershed Enhancement Board for a grant to fund the purchasing, implementing, carrying out or monitoring of the covenant or easement.
(5) An application under subsection (4) of this section may be combined with an application under ORS 541.981 for a grant to fund a conservation management plan associated with the working land conservation covenant or working land conservation easement. [2017 c.716 §5]
Note:
See note under 541.977.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.986 - Oregon Agricultural Heritage Commission.

(1) The Oregon Agricultural Heritage Commission is established, consisting of 12 members appointed by the Oregon Watershed Enhancement Board. The board shall appoint one board member to serve on an ex officio basis as a nonvoting member of the commission. The board shall appoint 11 voting members from among persons recommended as provided in subsection (2) of this section.
(2)(a) Four members shall be persons recommended by the State Board of Agriculture who are actively engaged in farming or ranching. The members must represent diverse types of agricultural commodities and be from geographically diverse areas of this state.
(b) One member shall be recommended by the Director of the Oregon State University Extension Service.
(c) Two members shall be persons recommended by the State Fish and Wildlife Commission who have expertise regarding fish and wildlife habitat.
(d) One member shall be a person recommended by the State Board of Agriculture who has expertise in agricultural water quality.
(e) One member shall be a person recommended by the Land Conservation and Development Commission who has expertise in conservation easements and similar land transfers.
(f) One member shall be a person selected by the Oregon Watershed Enhancement Board who is a representative of natural resource value interests.
(g) One member shall be a person selected by the Oregon Watershed Enhancement Board who is a representative of Indian tribal interests.
(3) The term of office of each voting member of the Oregon Agricultural Heritage Commission is four years, but the Oregon Watershed Enhancement Board may remove a member if requested by the authority that recommended the member. Before the term of a member expires, the authority that recommended the member shall make recommendations to the board regarding the appointment of a successor. An authority may recommend the reappointment of a member, but a member may not serve more than two consecutive terms. If there is a vacancy for any cause, the authority that recommended the vacating member shall make recommendations to the board regarding the appointment of a successor to serve for the unexpired term. [2017 c.716 §7]
Note:
See note under 541.977.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.987 - Commission organization and membership.

(1) The Oregon Agricultural Heritage Commission shall select one of its voting members as chairperson and another voting member as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines.
(2) A majority of the voting members of the commission constitutes a quorum for the transaction of business.
(3) The commission shall meet at least once every 12 months at a time and place determined by the Oregon Watershed Enhancement Board. The commission also may meet at other times and places specified by the call of the chairperson or of a majority of the voting members of the commission.
(4) Members of the commission are not entitled to compensation but, at the discretion of the board, may be reimbursed from funds available in the Oregon Agricultural Heritage Fund for actual and necessary travel and other expenses incurred by the members in the performance of official duties in the manner and amount provided in ORS 292.495.
(5) The board shall provide staff support for the work of the commission. [2017 c.716 §8]
Note:
See note under 541.977.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.988 - Commission rules; advisory or technical committees.

(1) In accordance with applicable provisions of ORS chapter 183, the Oregon Agricultural Heritage Commission may adopt rules necessary for the administration of the laws that the commission is charged with administering.
(2) The commission may establish any advisory or technical committee the commission considers necessary to aid and advise the commission in the performance of its functions. The committees may be continuing or temporary committees. The commission shall determine the representation, membership, terms and organization of the committees and shall appoint the members of the committees. The commission chairperson shall be a nonvoting member of each committee.
(3) Members of advisory or technical committees established by the commission are not entitled to compensation but, at the discretion of the commission and with the consent of the Oregon Watershed Enhancement Board, may be reimbursed from funds available to the board for actual and necessary travel and other expenses incurred by the members in the performance of official duties in the manner and amount provided in ORS 292.495. [2017 c.716 §9]
Note:
See note under 541.977.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.989 - Commission duties; rules.

(1) The Oregon Agricultural Heritage Commission shall:
(a) Assist the Oregon Watershed Enhancement Board with the development of rules for the administration of programs under ORS 541.977 to 541.989;
(b) Adopt rules establishing three or more permissible terms of years, that are not less than 20 or more than 50 years, for working land conservation covenants formed under ORS 541.982;
(c) Recommend policies and priorities for use by the board in evaluating the farm or ranch values, and the fish or wildlife habitat, water quality or other natural resource values, on working land described in a grant application filed under ORS 541.981 or 541.982;
(d) Review and consider the recommendations of technical committees appointed under ORS 541.984;
(e) Consult with the board concerning grant applications;
(f) Provide conservation management plan, working land conservation covenant and working land conservation easement funding recommendations to the board based on the availability of funding from the Oregon Agricultural Heritage Fund; and
(g) Provide funding recommendations to the Legislative Assembly, or recommendations for grant funding to the board, to provide training and support to owners of working land, or persons advising owners of working land, regarding succession planning for the lands.
(2) The commission’s recommendations for funding under subsection (1)(g) of this section may include recommendations for funding succession planning programs through the Oregon State University Extension Service only if the university has presented the commission with a program proposal for review. If a commission recommendation for funding succession planning programs through the university extension service is adopted, the university shall provide the commission with an annual report regarding each program. [2017 c.716 §10]
Note:
See note under 541.977.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 541 - Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement › Section 541.990 - Penalties.

(1) Any person, or any officer of any firm or corporation who is found guilty of constructing any splash dam for the floating of logs or other lumber products on any stream or other body of water in the State of Oregon commits a Class A misdemeanor.
(2) Violation of ORS 541.510 is a Class A misdemeanor.
(3) Violation of ORS 541.545 (1) is a Class A misdemeanor. [1957 c.163 §4; subsection (2) enacted as 1959 c.624 §2; subsection (3) enacted as 1961 c.379 §9; subsection (4) enacted as 1967 c.567 §13; subsection (4) renumbered 196.990 in 1989; 2011 c.597 §227]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.010 - Contract by Water Resources Commission with federal agencies for investigating and developing water resources; expenses.

In order that the natural resources of Oregon in land, water and power may be utilized to the highest advantage of the people, complete cooperation between the state and federal authorities in controlling, investigating and developing these resources in the interest of the people of the state is essential. Therefore, the Water Resources Commission may, on behalf of this state, enter into a contract or agreement with any federal department or bureau having jurisdiction in such matters for the execution of such surveys and investigations and the preparation of such plans, specifications and estimates or other data by cooperation between the state and the federal department or bureau as will, in the judgment of the Water Resources Commission, approved by the Governor, be best suited to accomplish the purposes of ORS 542.010 to 542.050. However, in no case shall the proportion of expense to be borne by this state exceed the proportion to be borne by the other party to the contract or agreement. [Amended by 1985 c.673 §130]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.020 - Purpose of law.

The intent of ORS 542.010 to 542.050, as outlined in ORS 542.010, is to have on file ready and available, such detailed surveys and information as will not only permit, but will tend to induce, the beneficial use of water by private persons, irrigation districts, corporations, or possibly by the state or national government.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.030 - Report by commission; contents; copies for public inspection.

As soon as practicable after the completion of the surveys and investigations, the Water Resources Commission shall prepare or have prepared a report setting forth the plans, specifications and estimated cost of construction, maintenance and operation of the projects, together with any other information tending to show their feasibility, and may in the discretion of the commission have the report printed in pamphlet form and distributed to those interested. Copies of completed maps, plans, specifications, estimates and reports secured or prepared in connection with any such investigation shall be kept on file in the Water Resources Department at all times, and open for public inspection during business hours. [Amended by 1985 c.673 §131]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.040 - Withholding water from appropriation pending investigation; restrictions on permit to appropriate; repayment of cost of project.

(1) The Water Resources Commission, on behalf of the state, shall withdraw and withhold from appropriation any unappropriated water which may be required for any project under investigation or to be investigated under the provisions of ORS 542.010 to 542.050. If the project is found to be feasible, the commission shall withhold the same from appropriation until the money expended in the investigation of the project is repaid to the cooperating parties in proportion to the amount contributed by each unless funds for construction are provided by one or both of the cooperating parties, in which case the commission shall issue a permit without requiring such repayment. No permit to appropriate water which may be in conflict with any such project under investigation shall be approved by the commission, nor shall any assignment of plans and information or any part thereof be made except upon consideration and order by the commission after full hearing of all interested parties.
(2) Any moneys returned to the commission under the provisions of this section shall promptly be turned over to the State Treasurer and credited to the General Fund in the State Treasury. [Amended by 1985 c.673 §132]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.050 - Construction work; minor portions of project.

As the purposes of ORS 542.010 to 542.050 are to secure the most immediate, as well as the most beneficial, ultimate use of the available waters for any certain project, the Water Resources Commission, as occasion may require, may grant permits and arrange the details so that minor portions of the project may be segregated and constructed at any time. However, the segregation and development of such minor parts shall not interfere to any serious extent with the handling or completion of the balance of the project. [Amended by 1985 c.673 §133]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.060 - Information on availability of water for beneficial uses; duties of Water Resources Commission; gauging stations; publication of information.

The Water Resources Commission shall establish gauging stations at suitable points on the various streams of the state to determine the daily and seasonal fluctuations in the flow of the water; shall make surveys and profiles to determine the fall of stream suitable for power development; and shall prepare topographic maps of the territory adjacent to the private streams of the state, so that the availability of water for power, irrigation or other beneficial uses may be determined and made known to the public. All such maps and information shall be made a matter of record in the Water Resources Department and the commission shall publish a summary of all such information in the most practical and economical manner for presentation to the public. The commission shall enter into such agreements and contracts as will insure that the surveys and investigations are carried on in the most economical manner, and that the maps and data are made available to the use of the public as quickly as possible. [Amended by 1985 c.673 §134]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.075 - Identification and funding of water projects offering significant public benefit; limitation.

(1) The Water Resources Commission, with the approval of the Governor, may identify proposed or existing water projects which offer significant public benefit, and recommend to the Legislative Assembly funding of those projects in proportion to the public benefits offered by an existing project, or expected to be obtained from a proposed project.
(2) In order to be eligible for funding under subsection (1) of this section, the Water Resources Commission must identify an existing project within five years after the project first becomes operable. [1981 c.172 §3; 1985 c.673 §135; 1989 c.587 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.080 - Cooperation with federal agencies; contracts.

On behalf of this state, the Water Resources Commission may cooperate with the Federal Energy Regulatory Commission, the United States Geological Survey, the United States Reclamation Service, or any other federal agency or commission engaged in similar work, and may enter into contracts or agreements whenever it appears desirable or advantageous to the state. [Amended by 1985 c.673 §136]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.090 - Moneys from licenses under Federal Waterpower Act; disposal.

Any moneys arising from power licenses under the Federal Waterpower Act, approved June 10, 1920, and paid over to the state, shall be credited by the State Treasurer to the General Fund.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.100 - Acceptance and expenditure of gifts and grants for hydrologic investigations; accounting.

The Water Resources Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of conducting hydrologic investigations of Oregon water resources and to assist in carrying out the commission’s functions as provided by law. All moneys received by the commission under this section shall be kept in separate accounts designated according to the purposes for which such moneys were received. The commission shall keep a true and full account of receipts and disbursements under this section. [1965 c.77 §2; 1985 c.673 §137]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.110 - Public interest requiring construction of system of works.

(1) It hereby is declared that public interest, welfare, convenience and necessity require the construction of a system of works in accordance with the general comprehensive plan for flood control, navigation and other purposes in the Willamette River Basin, as set forth in House Document 544, Seventy-fifth Congress, third session, and the Act of the Seventy-fifth Congress approved June 28, 1938, 52 Stat. 1222, authorizing the construction of certain public works, including the Willamette River Basin Project.
(2) The Water Resources Commission may act for the state in all matters necessary or advisable in the promotion, construction and maintenance of the Willamette River Basin Project. [Amended by 1955 c.707 §57]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.210 - Construction of federal dams and structures in Rogue River; limitations.

In order to further necessary investigations and studies for the maximum development of the Rogue River basin and watershed and to conserve established and potential uses thereof, and to facilitate full consideration of various projects to accomplish a coordinated and comprehensive development of the basin and watershed, the United States and its authorized agencies may construct in the Rogue River and on its bed dams and such other structures as the government deems necessary, upon compliance with the laws of Oregon. However, no dam or structure hereby authorized shall be placed in the Rogue River between the intersection of the river with the south line of section 10, township 34 south, range 1 west of the Willamette Meridian in Jackson County, and the confluence of that river with the Pacific Ocean, which would interfere with the free passage of fish up or down stream. No dam or other structure shall be constructed by any person in or on the bed of the Rogue River below its intersection with the south line of section 27, township 33 south, range 1 east of the Willamette Meridian, in Jackson County, except as authorized by this section.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.510 - Oregon-California Goose Lake Interstate Compact ratified; when effective.

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Oregon-California Goose Lake Interstate Compact as set out in ORS 542.520. The provisions of the compact are declared to be the laws of this state at such time as the compact becomes effective as provided in subsection (2) of this section.
(2) The compact becomes effective when it has been ratified by the legislatures of the States of Oregon and California and has been consented to by the Congress of the United States as provided in Article VII of the compact. [1963 c.473 §1]
Note:
The Oregon-California Goose Lake Interstate Compact became effective on July 2, 1984. The compact was ratified by the State of Oregon by chapter 473, Oregon Laws 1963 (signed by Governor on June 6, 1963). The compact was ratified by the State of California by chapter 1059, California Statutes 1963 (signed by Governor on June 28, 1963). The Congress of the United States consented to the compact by Public Law 98-334, 98th Congress (signed by President on July 2, 1984).
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.610 - Klamath River Basin Compact ratified; when effective.

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Klamath River Basin Compact set forth in ORS 542.620, and the provisions of such compact hereby are declared to be the law of this state upon such compact becoming effective as provided in subsection (2) of this section.
(2) The compact shall become effective when it has been ratified by the legislatures of the States of California and Oregon, and has been consented to by the Congress of the United States as provided in Article XIII of the compact. [1957 c.142 §1]
Note:
The Klamath River Basin Compact became effective on September 11, 1957. The compact was ratified by the State of Oregon by chapter 142, Oregon Laws 1957 (signed by Governor on April 17, 1957). The compact was ratified by the State of California by chapter 113, California Statutes 1957 (signed by Governor on April 17, 1957, and effective on September 11, 1957). The Congress of the United States consented to the compact by Public Law 85-222, 85th Congress (signed by President on August 30, 1957).
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.630 - Water Resources Director to represent state in administering the Klamath River Basin Compact.

The Water Resources Director shall be the only representative of this state in administering the Klamath River Basin Compact set forth in ORS 542.620. The director shall receive no additional compensation for services as such representative, but, subject to any other applicable law regulating mileage and traveling and other expenses for state officers, shall receive actual and necessary traveling and other expenses incurred in the performance of official functions as such representative, to be paid in the same manner and out of the same moneys as other similar expenses of the director are paid. [1957 c.142 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 542 - Water Resource Surveys and Projects; Compacts › Section 542.750 - Cooperative studies of projects under federal Watershed Protection and Flood Prevention Act.

(1) The Water Resources Commission may make surveys and investigations and prepare plans, specifications, estimates and other data, as in the commission’s judgment can accomplish the purposes of the Watershed Protection and Flood Prevention Act. As soon as practicable after completion the commission shall prepare, or have prepared, a report setting forth the results of the surveys and investigations. All work performed by the commission under this section shall be correlated with that performed by the United States Natural Resources Conservation Service, or its successor agency, under the Watershed Protection and Flood Prevention Act.
(2) The commission, on behalf of the State of Oregon, may enter into contracts or agreements with any agencies of the United States Department of Agriculture for the execution of surveys and investigations and the preparation of plans, specifications and estimates or other data to determine costs and feasibility of reservoir or other works of improvement that may be constructed under the provisions of the Watershed Protection and Flood Prevention Act, as amended.
(3) The intent of this section is to expedite the investigation and planning of works of improvement that may be constructed under the Watershed Protection and Flood Prevention Act to reduce the delay in time occurring between initiation of a project and beginning of construction. [1961 c.617 §§1,2; 1965 c.95 §1; 1985 c.673 §138; 1997 c.249 §181; 2003 c.14 §347]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 543 - Hydroelectric Projects › Section 543.010 - Definitions for ORS 543.010 to 543.610.

As used in ORS 543.010 to 543.610:
(1) "Actual original cost" includes the sum paid to the state at the time the application was made for a preliminary permit; the sum paid or secured to be paid to the state by the applicant for license at the time such application was made; such sums as may be paid to the United States or any department thereof; and such sums as shall have been reasonably and prudently expended in preliminary investigations, explorations and organization expenses, as determined by the Water Resources Commission.
(2) "Project" means a complete unit, improvement or development. It includes, among other things, power houses, water wheels, conduits or pipes, dams and appurtenant works and structures, storage, diverting or forebay reservoirs connected therewith, and primary lines transmitting power to the point of junction with a distributing system, or with any interconnected primary system, miscellaneous works and structures used in connection with the unit or any part thereof, rights of way, lands, flowage rights and all other properties, rights and structures necessary or appropriate in the use, operation and maintenance of any such unit. [Amended by 1985 c.673 §139; 1995 c.229 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 543 - Hydroelectric Projects › Section 543.012 - Applicability of chapter to reauthorization of existing hydroelectric project.

(1) Except for the provisions of ORS 543.300, 543.310, 543.430, 543.440, 543.610, 543.650 to 543.685, 543.710, 543.720, 543.730 and 543.990, nothing in this chapter shall apply to the reauthorization of an existing project.
(2) All references in ORS 543.300, 543.310, 543.430, 543.440, 543.610, 543.650 to 543.685, 543.710, 543.720, 543.730 and 543.990 to a license or a license issued under ORS 543.010 to 543.610 also shall be considered a reference to a water right issued under ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 and ORS chapter 543A. [1997 c.449 §42]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 543 - Hydroelectric Projects › Section 543.013 - Applicability of chapter and ORS chapter 543A to ocean renewable energy facility.

The provisions of this chapter and ORS chapter 543A do not apply to an ocean renewable energy facility as defined in ORS 274.870 if:
(1) The facility is located within Oregon’s territorial sea, as defined in ORS 196.405; or
(2) The facility is in an estuary, unless any part of the facility is not subject to a proprietary authorization issued by the Department of State Lands under ORS 274.873. [2015 c.386 §17]
Note:
543.013 was added to and made a part of ORS chapter 543 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 543 - Hydroelectric Projects › Section 543.015 - Policy.

The Legislative Assembly declares that it is the policy of the State of Oregon:
(1) To protect the natural resources of this state from possible adverse impacts caused by the use of the waters of this state for the development of hydroelectric power.
(2) To permit siting of hydroelectric projects subject to strict standards established to protect the natural resources of Oregon.
(3) To require the Water Resources Commission, the Energy Facility Siting Council, the Department of Environmental Quality and other affected state agencies to participate to the fullest extent in any local, state or federal proceedings related to hydroelectric power development in order to protect the natural resources of Oregon. [1985 c.569 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 543 - Hydroelectric Projects › Section 543.050 - Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records.

The Water Resources Commission may:
(1) Issue preliminary permits, as provided in ORS 543.210 to 543.250, to any person qualified to become a licensee.
(2) Issue licenses, as provided in ORS 543.260, to citizens of the United States, associations of citizens, or private corporations organized under the laws of the United States or any state of the United States, to appropriate, initiate, perfect, acquire and hold the right to the use of waters within the state, including waters over which the state has concurrent jurisdiction, and to construct, operate and maintain dams, reservoirs, power houses, conduits, transmission lines, and all other works and structures necessary or convenient for the use of the waters in the generation and utilization of electricity.
(3) Conduct investigations and collect information the commission considers necessary or useful for the purposes of ORS 543.010 to 543.610 and cooperate with the federal government and adjoining states concerning all such matters, particularly with reference to waters forming the boundary between this state and another state.
(4) Prescribe the forms of all accounts, records and memoranda to be kept by licensees under ORS 543.010 to 543.610.
(5) Examine at any time all accounts, books of account and documents and data related to the business of a licensee under ORS 543.010 to 543.610; and require a licensee to submit, whenever required by the commission, reports and statements under oath containing information as to assets, liabilities, capitalization, gross receipts, interest and dividend requirements, interest due and paid, amortization and other reserves, net investment, cost of any project constructed, maintained or operated, in whole or in part, cost of maintenance, operation, renewals, replacements, cost of production, transmission, distribution and sale of electricity, and other data as the commission may require.
(6) Perform all acts, exercise all powers and issue all orders which, in the judgment and discretion of the commission, are necessary to effectuate the purposes of ORS 543.010 to 543.610. [Amended by 1955 c.673 §3; 1955 c.707 §39; 1961 c.224 §13; 1985 c.673 §140; 1995 c.229 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 543 - Hydroelectric Projects › Section 543.055 - Hearings and witnesses.

(1) The Water Resources Commission may hold hearings and take testimony orally, by deposition or in such other form as the commission considers satisfactory, either within or without this state. The Water Resources Commission may require, by subpoena, the attendance of witnesses and the production of documentary evidence.
(2) An administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605, shall conduct any contested case hearing that the commission is required or permitted by law to hold. The administrative law judge has the same powers with respect to the conduct of the hearing as are granted by law to the commission, including the taking of testimony, the signing and issuance of subpoenas and the administering of oaths and affirmations to witnesses. The administrative law judge shall keep a record of the proceedings on the hearing and shall transmit such record to the commission.
(3) The commission may designate any person to take the testimony, affidavit or deposition of a witness. The person so designated may administer an oath or affirmation to any such witness and take the testimony thereof in accordance with such rules as the commission may prescribe.
(4) Witnesses appearing before the commission or any person designated by the commission to take testimony shall be paid the fees and mileage provided for witnesses in ORS 44.415 (2). [1955 c.673 §2; 1961 c.224 §14; 1985 c.673 §141; 1989 c.980 §15; 1999 c.849 §§112,113; 2003 c.75 §46]