ORS Chapter 542 - Oregon Statutes

Chapter 542 — WaterResource Surveys and Projects; Compacts

 

2009 EDITION

 

WATERRESOURCE SURVEYS AND PROJECTS; COMPACTS

 

WATERLAWS

 

SURVEYOF WATER RESOURCES

 

542.010     Contractby Water Resources Commission with federal agencies for investigating and developingwater resources; expenses

 

542.020     Purposeof law

 

542.030     Reportby commission; contents; copies for public inspection

 

542.040     Withholdingwater from appropriation pending investigation; restrictions on permit toappropriate; repayment of cost of project

 

542.050     Constructionwork; minor portions of project

 

542.060     Informationon availability of water for beneficial uses; duties of Water ResourcesCommission; gauging stations; publication of information

 

542.070     Entryon lands

 

542.075     Identificationand funding of water projects offering significant public benefit; limitation

 

542.080     Cooperationwith federal agencies; contracts

 

542.090     Moneysfrom licenses under Federal Waterpower Act; disposal

 

542.100     Acceptanceand expenditure of gifts and grants for hydrologic investigations; accounting

 

WILLAMETTERIVER BASIN PROJECT

 

542.110     Publicinterest requiring construction of system of works

 

ROGUERIVER WATERSHED PROJECT

 

542.210     Constructionof federal dams and structures in Rogue River; limitations

 

OREGON-CALIFORNIAGOOSE LAKE INTERSTATE COMPACT

 

542.510     Oregon-CaliforniaGoose Lake Interstate Compact ratified; when effective

 

542.520     Oregon-CaliforniaGoose Lake Interstate Compact

 

COLUMBIARIVER NATURAL RESOURCES MANAGEMENT COMPACT

 

542.550     Contentof Columbia River Natural Resources Management Compact; when effective

 

KLAMATHRIVER BASIN COMPACT

 

542.610     KlamathRiver Basin Compact ratified; when effective

 

542.620     KlamathRiver Basin Compact

 

542.630     WaterResources Director to represent state in administering the Klamath River BasinCompact

 

TESTSTUDY OF INTEGRATED LAND-WATER MANAGEMENT

 

542.710     Teststream and watershed study

 

542.720     Assistanceand grants for study

 

WATERSHEDPROTECTION AND FLOOD PREVENTION PROJECTS

 

542.750     Cooperativestudies of projects under federal Watershed Protection and Flood Prevention Act

 

SURVEYOF WATER RESOURCES

 

      542.010Contract by Water Resources Commission with federal agencies for investigatingand developing water resources; expenses. In order that the naturalresources of Oregon in land, water and power may be utilized to the highestadvantage of the people, complete cooperation between the state and federalauthorities in controlling, investigating and developing these resources in theinterest of the people of the state is essential. Therefore, the WaterResources Commission may, on behalf of this state, enter into a contract oragreement with any federal department or bureau having jurisdiction in suchmatters for the execution of such surveys and investigations and thepreparation of such plans, specifications and estimates or other data bycooperation between the state and the federal department or bureau as will, inthe judgment of the Water Resources Commission, approved by the Governor, bebest suited to accomplish the purposes of ORS 542.010 to 542.050. However, inno case shall the proportion of expense to be borne by this state exceed theproportion to be borne by the other party to the contract or agreement. [Amendedby 1985 c.673 §130]

 

      542.020Purpose of law.The intent of ORS 542.010 to 542.050, as outlined in ORS 542.010, is to have onfile ready and available, such detailed surveys and information as will notonly permit, but will tend to induce, the beneficial use of water by privatepersons, irrigation districts, corporations, or possibly by the state ornational government.

 

      542.030Report by commission; contents; copies for public inspection. As soon aspracticable after the completion of the surveys and investigations, the WaterResources Commission shall prepare or have prepared a report setting forth theplans, specifications and estimated cost of construction, maintenance andoperation of the projects, together with any other information tending to showtheir feasibility, and may in the discretion of the commission have the reportprinted in pamphlet form and distributed to those interested. Copies ofcompleted maps, plans, specifications, estimates and reports secured orprepared in connection with any such investigation shall be kept on file in theWater Resources Department at all times, and open for public inspection duringbusiness hours. [Amended by 1985 c.673 §131]

 

      542.040Withholding water from appropriation pending investigation; restrictions onpermit to appropriate; repayment of cost of project. (1) The WaterResources Commission, on behalf of the state, shall withdraw and withhold fromappropriation any unappropriated water which may be required for any projectunder investigation or to be investigated under the provisions of ORS 542.010to 542.050. If the project is found to be feasible, the commission shallwithhold the same from appropriation until the money expended in theinvestigation of the project is repaid to the cooperating parties in proportionto the amount contributed by each unless funds for construction are provided byone or both of the cooperating parties, in which case the commission shallissue a permit without requiring such repayment. No permit to appropriate waterwhich may be in conflict with any such project under investigation shall beapproved by the commission, nor shall any assignment of plans and informationor any part thereof be made except upon consideration and order by thecommission after full hearing of all interested parties.

      (2)Any moneys returned to the commission under the provisions of this sectionshall promptly be turned over to the State Treasurer and credited to theGeneral Fund in the State Treasury. [Amended by 1985 c.673 §132]

 

      542.050Construction work; minor portions of project. As the purposes of ORS 542.010to 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 WaterResources Commission, as occasion may require, may grant permits and arrangethe details so that minor portions of the project may be segregated andconstructed at any time. However, the segregation and development of such minorparts shall not interfere to any serious extent with the handling or completionof the balance of the project. [Amended by 1985 c.673 §133]

 

      542.060Information on availability of water for beneficial uses; duties of WaterResources Commission; gauging stations; publication of information. The WaterResources Commission shall establish gauging stations at suitable points on thevarious streams of the state to determine the daily and seasonal fluctuationsin the flow of the water; shall make surveys and profiles to determine the fallof stream suitable for power development; and shall prepare topographic maps ofthe territory adjacent to the private streams of the state, so that theavailability of water for power, irrigation or other beneficial uses may bedetermined and made known to the public. All such maps and information shall bemade a matter of record in the Water Resources Department and the commissionshall publish a summary of all such information in the most practical andeconomical manner for presentation to the public. The commission shall enterinto such agreements and contracts as will insure that the surveys andinvestigations are carried on in the most economical manner, and that the mapsand data are made available to the use of the public as quickly as possible. [Amendedby 1985 c.673 §134]

 

      542.070Entry on lands.In order to carry out the purpose of ORS 542.060 all persons employed underthat section may enter and cross all lands within the state; provided, that inso doing, no unnecessary damage is done to private property.

 

      542.075Identification and funding of water projects offering significant publicbenefit; limitation.(1) The Water Resources Commission, with the approval of the Governor, mayidentify proposed or existing water projects which offer significant publicbenefit, and recommend to the Legislative Assembly funding of those projects inproportion to the public benefits offered by an existing project, or expectedto be obtained from a proposed project.

      (2)In order to be eligible for funding under subsection (1) of this section, theWater Resources Commission must identify an existing project within five yearsafter the project first becomes operable. [1981 c.172 §3; 1985 c.673 §135; 1989c.587 §4]

 

      542.080Cooperation with federal agencies; contracts. On behalf of this state, theWater Resources Commission may cooperate with the Federal Energy RegulatoryCommission, the United States Geological Survey, the United States ReclamationService, or any other federal agency or commission engaged in similar work, andmay enter into contracts or agreements whenever it appears desirable oradvantageous to the state. [Amended by 1985 c.673 §136]

 

      542.090Moneys from licenses under Federal Waterpower Act; disposal. Any moneysarising 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 tothe General Fund.

 

      542.100Acceptance and expenditure of gifts and grants for hydrologic investigations;accounting.The Water Resources Commission may accept and expend moneys from any public orprivate source, including the federal government, made available for thepurpose of conducting hydrologic investigations of Oregon water resources andto assist in carrying out the commission’s functions as provided by law. Allmoneys received by the commission under this section shall be kept in separateaccounts designated according to the purposes for which such moneys werereceived. The commission shall keep a true and full account of receipts anddisbursements under this section. [1965 c.77 §2; 1985 c.673 §137]

 

WILLAMETTERIVER BASIN PROJECT

 

      542.110Public interest requiring construction of system of works. (1) It herebyis declared that public interest, welfare, convenience and necessity requirethe construction of a system of works in accordance with the generalcomprehensive plan for flood control, navigation and other purposes in theWillamette River Basin, as set forth in House Document 544, Seventy-fifthCongress, third session, and the Act of the Seventy-fifth Congress approvedJune 28, 1938, 52 Stat. 1222, authorizing the construction of certain publicworks, including the Willamette River Basin Project.

      (2)The Water Resources Commission may act for the state in all matters necessaryor advisable in the promotion, construction and maintenance of the WillametteRiver Basin Project. [Amended by 1955 c.707 §57]

 

      542.120 [Repealed by1955 c.707 §75]

 

      542.130 [Repealed by1955 c.707 §75]

 

      542.140 [Repealed by1955 c.707 §75]

 

      542.150 [Repealed by1955 c.707 §75]

 

      542.160 [Repealed by1955 c.707 §75]

 

ROGUERIVER WATERSHED PROJECT

 

      542.210Construction of federal dams and structures in Rogue River; limitations. In order tofurther necessary investigations and studies for the maximum development of theRogue River basin and watershed and to conserve established and potential usesthereof, and to facilitate full consideration of various projects to accomplisha coordinated and comprehensive development of the basin and watershed, theUnited States and its authorized agencies may construct in the Rogue River andon its bed dams and such other structures as the government deems necessary,upon compliance with the laws of Oregon. However, no dam or structure herebyauthorized shall be placed in the Rogue River between the intersection of theriver with the south line of section 10, township 34 south, range 1 west of theWillamette Meridian in Jackson County, and the confluence of that river withthe Pacific Ocean, which would interfere with the free passage of fish up ordown stream. No dam or other structure shall be constructed by any person in oron the bed of the Rogue River below its intersection with the south line ofsection 27, township 33 south, range 1 east of the Willamette Meridian, inJackson County, except as authorized by this section.

 

      542.310 [Amended by1953 c.622 §5; repealed by 1955 c.707 §75]

 

      542.320 [Amended by1953 c.622 §5; repealed by 1955 c.707 §75]

 

      542.330 [Amended by1953 c.622 §5; repealed by 1955 c.707 §75]

 

      542.340 [1953 c.622 §4;repealed by 1955 c.707 §75]

 

      542.410 [1953 c.431 §1;repealed by 1957 c.142 §5]

 

      542.420 [1953 c.431 §2;repealed by 1957 c.142 §5]

 

      542.430 [1953 c.431 §3;repealed by 1957 c.142 §5]

 

      542.440 [1953 c.431 §4;repealed by 1957 c.142 §5]

 

      542.450 [1953 c.431 §5;repealed by 1957 c.142 §5]

 

      542.460 [1953 c.431 §8;repealed by 1957 c.142 §5]

 

      542.470 [1953 c.431 §7;repealed by 1957 c.142 §5]

 

      542.480 [1953 c.431 §9;repealed by 1957 c.142 §5]

 

      542.490 [1953 c.431 §6;repealed by 1957 c.142 §5]

 

OREGON-CALIFORNIAGOOSE LAKE INTERSTATE COMPACT

 

      542.510Oregon-California Goose Lake Interstate Compact ratified; when effective. (1) TheLegislative Assembly of the State of Oregon hereby ratifies theOregon-California Goose Lake Interstate Compact as set out in ORS 542.520. Theprovisions of the compact are declared to be the laws of this state at suchtime as the compact becomes effective as provided in subsection (2) of thissection.

      (2)The compact becomes effective when it has been ratified by the legislatures ofthe States of Oregon and California and has been consented to by the Congressof the United States as provided in Article VII of the compact. [1963 c.473 §1]

 

      Note: TheOregon-California Goose Lake Interstate Compact became effective on July 2,1984. The compact was ratified by the State of Oregon by chapter 473, OregonLaws 1963 (signed by Governor on June 6, 1963). The compact was ratified by theState of California by chapter 1059, California Statutes 1963 (signed byGovernor on June 28, 1963). The Congress of the United States consented to thecompact by Public Law 98-334, 98th Congress (signed by President on July 2,1984).

 

      542.520Oregon-California Goose Lake Interstate Compact. The provisionsof the Oregon-California Goose Lake Interstate Compact are as follows:

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ARTICLE I

PURPOSES

      Themajor purposes of this compact are:

      A.To facilitate and promote the orderly, integrated and comprehensivedevelopment, use, conservation and control of the water resources of Goose LakeBasin.

      B.To further intergovernmental cooperation and comity and to remove the causes ofpresent and future controversies by (1) providing for continued development ofthe water resources of Goose Lake Basin by the States of California and Oregon,and (2) prohibiting the export of water from Goose Lake Basin without consentof the legislatures of California and Oregon.

ARTICLE II

DEFINITION OFTERMS

      Asused in this compact:

      A.“Goose Lake Basin” shall mean the drainage area of Goose Lake within the Statesof California and Oregon and all closed basins included in the Goose Lakedrainage basin as delineated on the official map of the Goose Lake Basin whichis attached to and made a part of this compact.

      B.“Person” shall mean the States of Oregon and California, any individual and anyother entity, public or private.

      C.“Water,” “waters” or “water resources” shall mean any water appearing on thesurface of the ground in streams, lakes, or otherwise, and any water beneaththe land surface or beneath the bed of any stream, lake, reservoir or otherbody of surface water within the boundaries of Goose Lake Basin.

ARTICLE III

DISTRIBUTION ANDUSE OF WATER

      A.There are hereby recognized vested rights to the use of waters originating inGoose Lake Basin existing as of the effective date of this compact andestablished under the laws of California and Oregon.

      B.Except as provided in this Article, this compact shall not be construed asaffecting or interfering with appropriation under the laws of California andOregon of unappropriated waters of Goose Lake Basin for use within the basin.

      C.Export of water from Goose Lake Basin for use outside the basin without priorconsent of both state legislatures is prohibited.

      D.Each state hereby grants the right for a person to construct and operatefacilities for the measurement, diversion, storage and conveyance of water fromthe Goose Lake Basin in one state for use within the basin in the other state,providing the right to such use is secured by appropriation under the generallaws administered by the Water Resources Director of the State of Oregon or theWater Rights Board of California and the laws of the state from which the wateris to be taken shall control.

      E.Should any facilities be constructed in one state to implement use of water inthe other state, the construction, operation, repairs and replacement of suchfacilities shall be subject to the laws of the state in which the facilitiesare constructed.

ARTICLE IV

ADMINISTRATION

      Nocommission or administrative body is necessary to administer this compact.

ARTICLE V

TERMINATION

      Thiscompact may be terminated at any time by consent of the legislatures ofCalifornia and Oregon and upon such termination all rights then establishedhereunder shall continue unimpaired.

ARTICLE VI

GENERALPROVISIONS

      Nothingin this compact shall be construed to limit, or prevent any state frominstituting or maintaining any action or proceeding, legal or equitable, in anycourt having jurisdiction thereof for the protection of any right under thiscompact or the enforcement of any of its provisions.

ARTICLE VII

RATIFICATION