Water Resources Administration
- waiver and reduction of certain fees
(1)The Water Resources Department may collect the following fees in advance:
(a)For examining an application for a permit:
(A)To appropriate water, except as provided under ORS 543.280 (Fee payments by licensee) for an application for a hydroelectric project:
(i)A base fee of $930 for an appropriation of water through a single use, point of diversion or point of appropriation;
(ii)$350 for the first second-foot or fraction thereof appropriated under the permit;
(iv)$350 for each additional use, point of diversion or point of appropriation included in the application;
(v)If appropriating stored water, $35 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.20 for each additional acre-foot or fraction thereof; and
(vi)If appropriating ground water, in addition to any other fees, $410 for each application filed.
(B)To store water under ORS 537.400 (Reservoir permits) or 537.534 (Rules for permitting and administering aquifer storage and recovery projects) (4):
(i)A base fee of $930;
(ii)$35 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.20 for each additional acre-foot or fraction thereof; and
(C)To exclusively appropriate stored water:
(i)A base fee of $520; and
(ii)$35 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.20 for each additional acre-foot or fraction thereof.
(b)For a permit issued under ORS 537.147 (Permit to use stored water), 537.211 (Issuance of permit if application approved), 537.409 (Alternate permit application process for qualifying reservoirs) or 537.625 (Final order) to appropriate or store water:
(A)A base fee of $520 for recording the permit; and
(B)An additional fee of $670 if the permit is issued pursuant to a final order that contains provisions requested by the applicant for mitigating impacts to the proposed water source.
(c)For filing and recording the assignment or partial assignment of a water right application, permit or license under ORS 537.220 (Assignment of application, permit or license) or 537.635 (Assignment of application, certificate of registration or permit), $100.
(d)For copying records in the department, $2.30 for the first page and 60 cents for each additional page.
(e)For certifying copies, documents, records or maps, $12 for each certificate.
(f)For a blueprint copy of any map or drawing, the actual cost of the work.
(g)For a computer-generated map, the actual cost of the work.
(h)For examining an application for approval of a change to an existing water right or permit:
(A)A base fee of $1,160 for a change to a single water right or permit;
(B)$930 for each additional type of change requested;
(C)For a request for a change in place of use or type of use or for a water exchange under ORS 540.533 (Application for exchange of water), $350 for each second-foot or fraction thereof requested beyond the first second-foot;
(D)$520 for each additional water right or permit included in the application; and
(E)An additional fee of $410 per application, if the application is for an additional point of appropriation, a change in a point of appropriation or a change from surface water to ground water or for substitution as described in ORS 540.524 (Substitution of supplemental water right from ground water source for primary water right from surface water source).
(i)For examining an application for a temporary change in place of use under ORS 540.523 (Temporary transfer of water right or permit), for a temporary transfer under ORS 540.585 (Temporary transfers within Deschutes River Basin) or for a temporary change in place of use, a change in the point of diversion to allow for the appropriation of ground water or a change of a primary right to a supplemental right under ORS 540.570 (Temporary transfers within districts), a base fee of $810 for the first water right or permit, plus $260 for each additional water right or permit included in the application and:
(A)For nonirrigation uses, $200 for each second-foot or fraction thereof requested beyond the first second-foot; or
(B)For irrigation uses, $2.30 per acre of land irrigated or, if the application and required map are submitted to the department in a department-approved digital format, 60 cents per acre of land irrigated.
(j)For submitting a protest to the department:
(A)$810 if the protest is by a nonapplicant; and
(B)$410 if the protest is by an applicant.
(k)For filing an application for extension of time within which irrigation or other works shall be completed or a water right perfected, $670.
(L)For a limited license under ORS 537.143 (Limited license to use or store surface or ground water or to use stored water) or 537.534 (Rules for permitting and administering aquifer storage and recovery projects) (2), the fee established by rule by the Water Resources Commission.
(m)For filing, examining and certifying a petition under ORS 541.329 (Petition for approval of district map), $410 plus 10 cents per acre of water involved in the application. For purposes of computing this fee, when any acreage within a quarter quarter of a section is involved, the 10 cents per acre shall apply to all acres in that quarter quarter of a section. Notwithstanding the fee amount established in this paragraph, a district notifying the department under ORS 541.327 (Failure or refusal of district to act) (4) shall pay the actual cost of filing, examining and certifying the petition.
(n)For requesting standing under ORS 537.153 (Review of application), 537.621 (Review of application) or 543A.120 (Proposed final order), $230.
(o)For participating in a contested case proceeding under ORS 537.170 (Contested case hearing on application), 537.622 (Contested case hearing) or 543A.130 (Contested case hearing), $580.
(p)Except for an applicant, for obtaining a copy of both a proposed final order and a final order for a water right application under ORS 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit), 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) or 543A.005 (Definitions) to 543A.300 (Decommissioning) or an extension issued under ORS 537.230 (Time allowed for construction of irrigation or other work), 537.248 (Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right) or 537.630 (Time allowed for construction work under permit), $30.
(q)For examining an application to store water under ORS 537.409 (Alternate permit application process for qualifying reservoirs):
(A)A base fee of $410; and
(B)$35 for each acre-foot or fraction thereof.
(r)For submitting a notice of intent under ORS 543A.030 (Notice of intent) or 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes), the amount established by the Water Resources Director under ORS 543A.410 (Fee schedule).
(s)For examining an application for a substitution made under ORS 540.524 (Substitution of supplemental water right from ground water source for primary water right from surface water source):
(A)A base fee of $840 for the first well substitution; and
(B)A fee of $410 for each additional well substitution.
(t)For examining an application for an allocation of conserved water under ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right):
(A)A base fee of $1,160 for the first water right that is part of the allocation; and
(B)An additional fee of $410 for each water right that is part of the allocation beyond the first water right.
(u)For submitting a water management and conservation plan pursuant to rules of the commission:
(A)$580, if the plan is submitted by an agricultural water supplier;
(B)$1,040, if the plan is submitted by a municipal water supplier serving a population of 1,000 or fewer persons; or
(C)$2,090, if the plan is submitted by a municipal water supplier serving a population of more than 1,000 persons.
(v)For examining a new application for an in-stream water right lease under ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right):
(A)$520 for an application for a lease with four or more landowners or four or more water rights; or
(B)$350 for all other applications.
(w)For examining an application for an in-stream water right lease renewal, $130.
(x)For submitting a claim of beneficial use under a permit or transfer having a priority date of July 9, 1987, or later, $200.
(y)For submitting a request no later than 60 days after cancellation of a permit under ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation) to reinstate the permit, $520.
(z)For submitting a request for a basin program exception under ORS 536.295 (Conditions for consideration of application for use not classified in basin program), $670.
(aa)For processing an application under ORS 537.225 (Full or partial assignment of water right permit) for an assignment of water right to one or more landowners and issuance of replacement water right permits, the actual cost of the work.
(2)(a) The department may charge a dam owner an annual fee based upon the dam’s hazard rating as determined by the department. The fees the department may charge the dam owner are:
(A)$100 for a dam with a low hazard rating.
(B)$200 for a dam with a significant hazard rating.
(C)$670 for a dam with a high hazard rating.
(D)If the dam owner fails to pay an annual fee on or before six months after the billing date, a late fee of $120.
(b)If a dam owner fails to pay an annual fee or a late fee charged by the department, the department may, after giving the dam owner notice by certified mail, place a lien on the real property where the dam is located for the fees owed by the dam owner.
(3)Notwithstanding the fees established under subsection (1) of this section, the commission may establish lower examination and permit fees by rule for:
(a)The right to appropriate water for a storage project of five acre-feet or less; or
(b)The right to appropriate water for the purpose of allowing the applicant to water livestock outside of a riparian area, as that term is defined in ORS 541.890 (Definitions for ORS 541.890 to 541.969).
(4)(a) The director may refund all or part of a fee paid to the department under this section if the director determines that a refund of the fee is appropriate in the interests of fairness to the public or necessary to correct an error of the department.
(b)The director may refund all or part of the protest fee described in subsection (1)(j) of this section to the legal owner or occupant who filed a protest under ORS 540.641 (Protest of cancellation) if an order of the Water Resources Commission establishes that all or part of a water right has not been canceled or modified under ORS 540.610 (Use as measure of water right) to 540.650 (Issuance of new water right certificate for water rights not canceled).
(5)The director may waive all or part of a fee for a change to a water right permit under ORS 537.211 (Issuance of permit if application approved) (4), a change to a water right subject to transfer under ORS 540.520 (Application for change of use, place of use or point of diversion) or 540.523 (Temporary transfer of water right or permit) or an allocation of conserved water under ORS 537.470 (Allocation of conserved water by commission), if the change or allocation of conserved water is:
(a)Made pursuant to ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right);
(b)Necessary to complete a project funded under ORS 541.932 (Watershed enhancement project assistance); or
(c)Approved by the State Department of Fish and Wildlife as a change or allocation of conserved water that will result in a net benefit to fish and wildlife habitat.
(6)Notwithstanding the fees established pursuant to this section, the commission may adopt by rule reduced fees for persons submitting materials to the department in a digital format approved by the department.
(7)All moneys received under this section, less any amounts refunded under subsection (4) of this section, shall be deposited in the Water Resources Department Water Right Operating Fund.
(8)Notwithstanding subsection (7) of this section, all fees received by the department for power purposes under ORS 543.280 (Fee payments by licensee) shall be deposited in the Water Resources Department Hydroelectric Fund established by ORS 536.015 (Water Resources Department Hydroelectric Fund). [Amended by 1961 c.187 §3; 1967 c.36 §1; 1973 c.163 §4; 1975 c.581 §21; 1981 c.627 §1; 1983 c.256 §1; 1985 c.673 §12; 1987 c.815 §8; 1989 c.587 §1; 1989 c.758 §1; 1989 c.933 §4; 1989 c.1000 §6; 1991 c.734 §49a; 1991 c.869 §4; 1995 c.416 §1; 1995 c.752 §6; 1997 c.449 §35; 1997 c.587 §1; 1999 c.555 §3; 1999 c.664 §1; 1999 c.665 §1; 1999 c.873 §19; 2003 c.594 §1; 2003 c.691 §4; 2003 c.705 §7; 2005 c.156 §1; 2007 c.188 §1; 2007 c.267 §1; 2009 c.819 §§5,12; 2013 c.166 §§4,5; 2013 c.644 §§1,2; 2017 c.571 §§1,2]
Law Review Citations
28 WLR 285 (1992)