ORS Chapter 541

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

2009 EDITION

WATERSHEDENHANCEMENT AND PROTECTION

WATERLAWS

WATERCOMPANIES ORGANIZED UNDER 1891 ACT

541.010 Furnishingof water for certain purposes declared to be a public use; rates; amendment oflaw

541.020 Constructionof ditches and canals by corporation; route across lands

541.030 Ditchesand canals across state lands; grant of right of way

541.040 Headgate;mode of construction

541.050 Leakageor overflow; liability; exception

541.055 Districtliability for seepage and leakage from water or flood control works; limitationon commencement of action

541.060 Wasteof water; flooding premises; unnecessary diversion

541.070 Ditches,canals and flumes as real estate

541.080 Suitsinvolving water rights; parties; decree as to priorities

APPROPRIATIONOF WATER FOR MINING AND ELECTRIC POWER UNDER 1899 ACT

541.110 Useof water to develop mineral resources and furnish power

541.120 Ditchesand canals through lands; use of existing ditch by others than owner; jointliability

541.130 Rightof way for ditches across state lands

APPROPRIATIONOF WATER BY THE UNITED STATES

541.220 Surveyof stream system; delivery of data to Attorney General; suits for determinationof water rights

541.230 Statelands within irrigated area; restrictions on sale; conveyance of lands neededby United States

541.240 Rightof way for ditches and canals; reservation in conveyances

541.250 Cessionto United States not rescinded

SUITSFOR DETERMINATION OF WATER RIGHTS UNDER 1905 ACT

541.310 Suitsfor determination of rights; parties; survey of stream; disbursements

541.320 Decreesadjudicating rights; filing; statement as to matters adjudicated

DISTRICTWATER RIGHTS MAPPING

541.325 Definitionsfor ORS 541.327 to 541.333

541.327 Failureor refusal of district to act; joint applications; eligible participants

541.329 Petitionfor approval of district map; contents; notice to users; corrections

541.331 Protestagainst approval of petition; hearing; issuance of water right certificate;land subject to inclusion

541.333 Applicationfor change of place of use, point of diversion or use; contents; form of map

WATERSHEDMANAGEMENT AND ENHANCEMENT

(Generally)

541.351 Definitionsfor ORS 541.351 to 541.415

541.353 Legislativefindings; principles of Oregon Plan; policy

541.360 OregonWatershed Enhancement Board; officers; qualifications

541.362 Executivedirector of Oregon Watershed Enhancement Board; appointment

541.363 Authorityof executive director to enter into interagency agreements

541.365 Conductof watershed enhancement program; integration of geographic information

541.368 Implementationof grant programs

541.370 Dutiesof board; grant program; advisory committees

541.371 Dutiesof board related to integrated watershed planning and management; allocation offunds to local soil and water conservation districts and watershed councils

541.372 Authorityof board to accept moneys; disposition

541.373 Authorityof Governor to accept moneys; disposition

541.375 Watershedenhancement projects; grant program; criteria for approval; acquisition ofinterest in land or water

541.376 Titlerestrictions on land purchased through grant agreement

541.377 Parksand Natural Resources Fund; sources; subaccounts; uses of subaccounts

541.378 Restorationand Protection Research Fund; establishment; sources; uses

541.379 WatershedImprovement Operating Fund; establishment; sources; uses

541.381 FlexibleIncentives Account; creation; sources; uses

541.384 Watershedmanagement program; project funding; high priority watersheds

541.388 Voluntarylocal watershed councils; protection against liability

541.390 Dutiesof Natural Resources Division

541.392 Reportto Legislative Assembly

541.395 Stateagency reports to be provided to board

541.396 Rules

(WatershedImprovement Grant Fund)

541.397 WatershedImprovement Grant Fund; creation; sources; uses

541.399 Purposeof grants from Watershed Improvement Grant Fund

541.401 Criteriafor project receiving moneys from Watershed Improvement Grant Fund

(TheOregon Plan)

541.405 OregonPlan described; goals; elements; Governor to negotiate with federal government

541.407 HealthyStreams Partnership; members; duties

541.409 IndependentMultidisciplinary Science Team; duties; agency response to science teamrecommendations

541.411 Responsibilitiesof state agency participating in Oregon Plan

541.413 Agencyreport to legislative committee prior to adjustment of expenditure limitationor additional funding related to Oregon Plan

541.415 OregonPlan for Salmon and Watersheds Legal Fund; establishment; sources; uses

541.420 OregonWatershed Enhancement Board reports to Governor and Legislative Assembly onOregon Plan

(UmatillaBasin Aquifer Assessment)

(Temporaryprovisions relating to Umatilla Basin aquifer assessment are compiled as notesfollowing ORS 541.420)

(StewardshipAgreements)

541.423 Stewardshipagreements; contents; procedures for adoption; rules

541.425 StewardshipAgreement Grant Fund

541.426 Criteriafor funding projects from Stewardship Agreement Grant Fund

USEOF WATER TO OPERATE WATER-RAISING MACHINERY

541.430 Useof machinery by riparian owner to raise water; prior rights of others

SPLASHDAMS

541.450 Definitionsfor ORS 541.450 to 541.460

541.455 Splashdams unlawful

541.460 Abatementproceedings by Attorney General

RELEASEOF WATER FROM IMPOUNDMENT OR DIVERSION STRUCTURE

541.510 Authorityof Water Resources Commission to require signs warning public of stream levelfluctuation

541.515 Noticeby commission when hazard created by release of stored water

541.520 Procedurewhen owner or operator of structure fails to request hearing; order regulatingrelease of water

541.525 Hearingupon request of owner or operator of structure; notice and conduct of hearing

541.530 Orderof commission regulating release of water

541.535 Installationof automatic stream level recording devices

541.540 Procedurein emergency when release of water essential

541.545 Compliancewith orders of commission; enforcement

WATERCONSERVATION, REUSE AND STORAGE GRANTS

541.561 Establishmentof grant program; direct service cost payment; limitations; project evaluation

541.566 Planningstudies eligible for grants or direct service cost payments

541.576 WaterConservation, Reuse and Storage Investment Fund

541.581 Rulesfor grant and direct service cost payment program

WATERDEVELOPMENT IN COLUMBIA RIVER BASIN

541.600 Definitionsfor ORS 541.600 to 541.641 and temporary provisions relating to loans forColumbia River Basin projects

541.606 WaterInvestment Grant Fund

541.611 Applicationfor grant from Water Investment Grant Fund; fee

541.616 Incompleteapplications; public notice of application; assessment of project