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.