ORS Chapter 536

TITLE 45

WATER RESOURCES:IRRIGATION, DRAINAGE,

 FLOOD CONTROL,RECLAMATION

Chapter 536. WaterResources Administration

537. Appropriationof Water Generally

538. Withdrawalof Certain Waters From Appropriation; Special Municipal and County Water Rights

539. Determinationof Water Rights Initiated Before February 24, 1909; Determination of WaterRights of Federally Recognized Indian Tribes

540. Distributionof Water; Watermasters; Change in Use; Transfer or Forfeiture of Water Rights

541. WatershedEnhancement and Protection; Water Development Projects; MiscellaneousProvisions on Water Rights; Stewardship Agreements

542. WaterResource Surveys and Projects; Compacts

543. HydroelectricProjects

543A.  Reauthorizingand Decommissioning Hydroelectric Projects

545. IrrigationDistricts

547. DrainageDistricts

548. ProvisionsApplicable Both to Drainage Districts and to Irrigation Districts

549. Drainageand Flood Control Generally

551. DikingDistricts

552. WaterImprovement Districts

553. WaterControl Districts

554. Corporationsfor Irrigation, Drainage, Water Supply or Flood Control

555. ReclamationProjects

558. WeatherModification

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Chapter 536 — WaterResources Administration

2009 EDITION

WATERRESOURCES ADMINISTRATION

WATERLAWS

GENERALPROVISIONS

536.007 Definitions

536.009 WaterResources Department Water Right Operating Fund; uses; sources

536.015 WaterResources Department Hydroelectric Fund; uses; sources

536.017 Recordsof expenditures from Water Resources Department Hydroelectric Fund

536.021 WaterMeasurement Cost Share Program Revolving Fund; uses; sources; prioritization

WATERRESOURCES COMMISSION

536.022 WaterResources Commission; members; terms; confirmation; compensation and expenses

536.025 Dutyof commission; delegation to Water Resources Director; exception

536.026 Powersof Water Resources Commission

536.027 Rulesand standards

536.028 Rulespertaining to human or livestock consumption uses within or above scenicwaterway

536.031 Applicabilityof rules to completed application for permit

WATERRESOURCES DIRECTOR

536.032 WaterResources Director; term; qualifications

536.037 Functionsof director

536.039 WaterResources Department

536.040 Publicrecords; copies as evidence

536.050 Fees;rules; refunds; waiver and reduction of certain fees

536.055 Agreementsto expedite processing and review of applications, permits and otheradministrative matters; fees

536.075 Judicialreview of final order of commission or department; stay of order; scope ofreview

536.080 Effectof records of former State Water Board and State Water Superintendent

536.090 Groundwater advisory committee; duties; qualification; term; expenses

WATERRESOURCES ADMINISTRATION

536.220 Policyon water resources generally; integrated state water resources strategy

536.235 Policyon minimum streamflows

536.238 Policyon water storage facilities

536.241 Policyon water supply

536.295 Conditionsfor consideration of application for use not classified in basin program; rules

536.300 Formulationof state water resources program; public hearing in affected river basin

536.310 Purposesand policies to be considered in formulating state water resources program

536.315 Designationof exact land areas included within auxiliary lands

536.320 Limitationof powers of commission

536.330 WaterResources Act as supplemental to and including existing statutes

536.340 Classificationof water as to highest and best use and quantity of use; enforcement of lawsconcerning loss of water rights; prescribing preferences for future uses

536.350 Deliveryof water resources statement to certain public bodies; effect

536.360 Stateagencies and public corporations to conform to statement of state waterresources policy

536.370 Exerciseof power in conflict with state water resources policy not effective untilapproved by commission

536.380 Notificationto commission of proposed exercise of power involving water resources required;review and determination by commission

536.390 Approvalwithout filing notification

536.400 Applicationto court to compel compliance with state water resources policy

536.410 Withdrawalof unappropriated waters from appropriation by commission order

536.420 Representationof state in carrying out compacts and agreements with other governmentalagencies regarding water resources

536.430 Commissionto devise plans and programs for development of water resources

536.440 Investigationsand studies

536.450 Assistanceby commission to other persons and agencies

536.460 Preparationand submission of information or recommendations to other persons or agencies

536.470 Coordinationof local, state, interstate and federal programs

536.480 Makingavailable information concerning water resources

536.490 Attendanceat conferences and meetings

536.500 Acceptanceand expenditure of moneys from public and private sources

536.520 Stateagencies and public corporations furnishing information and services tocommission

536.540 Approvalof voucher claims

MISCELLANEOUSPROVISIONS

536.570 Moneysand securities of irrigation districts in possession of Water ResourcesCommission; deposit with State Treasurer

536.580 Rightsacquired prior to August 3, 1955, not affected

536.590 Rightsacquired prior to January 1, 1956, not affected

536.595 Departmentdiscussions with Corps of Engineers over operation of Detroit Lake

EMERGENCYWATER SHORTAGE POWERS

536.700 “Drainagebasin” defined

536.710 Policy

536.720 Declarationof state authority; Governor’s power to order water conservation or curtailmentplan

536.730 Effectof emergency powers on vested water rights

536.740 Governor’sauthority to declare drought

536.750 Powersof commission after declaration of drought; rules

536.760 Cessationof actions taken under ORS 536.750

536.770 Purchaseof option or agreement for use of water permit or right during declareddrought; application; fee

536.780 Waterconservation or curtailment plan; contents; review; effect of failure to fileor implement

PENALTIES

536.900 Civilpenalties; imposition

536.905 Notice;application for hearing

536.910 Amountof penalty; rules

536.915 Remissionor reduction of penalty

536.920 Factorsto be considered in imposition of penalty

536.930 Consequenceof failure to follow order

536.935 Dispositionof penalties; appropriation

536.005 [1975 c.581 §13;repealed by 1985 c.673 §185]

GENERALPROVISIONS

536.007Definitions.As used in ORS 196.600 to 196.905, 541.010 to 541.320 and 541.430 to 541.545,541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543:

(1)“Commission” means the Water Resources Commission.

(2)“Department” means the Water Resources Department.

(3)“Director” means the Water Resources Director.

(4)“Existing right” or “vested right” or words of similar import include an inchoateright to the use of water to the fullest extent that the right is recognized,defined or declared by the commission, the director or any court within thisstate.

(5)“Order” has the meaning given in ORS 183.310.

(6)“Person” includes individuals, corporations, associations, firms, partnerships,joint stock companies, public and municipal corporations, politicalsubdivisions, the state and any agencies thereof, and the federal governmentand any agencies thereof.

(7)“Public corporation” includes any city, county or district organized for publicpurposes.