ORS 536.410
Withdrawal of unappropriated waters from appropriation by commission order

(1)

When the Water Resources Commission determines that it is necessary to insure compliance with the state water resources policy or that it is otherwise necessary in the public interest to conserve the water resources of this state for the maximum beneficial use and control thereof that any unappropriated waters of this state, including unappropriated waters released from storage or impoundment into the natural flow of a stream for specified purposes, be withdrawn from appropriation for all or any uses including exempt uses under ORS 537.545 (Exempt uses), the commission, on behalf of the state, may issue an order of withdrawal.

(2)

Prior to the issuance of the order of withdrawal the commission shall hold a public hearing on the necessity for the withdrawal. Notice of the hearing shall be published in at least one issue each week for at least two consecutive weeks prior to the hearing in a newspaper of general circulation published in each county in which are located the waters proposed to be withdrawn.

(3)

The order of withdrawal shall specify with particularity the waters withdrawn from appropriation, the uses for which the waters are withdrawn, the reason for the withdrawal and the duration of the withdrawal. The commission may modify or revoke the order at any time.

(4)

Copies of the order of withdrawal and notices of any modification or revocation of the order of withdrawal shall be filed in the Water Resources Department.

(5)

While the order of withdrawal is in effect, no application for a permit to appropriate the waters withdrawn for the uses specified in the order and no application for a preliminary permit or license involving appropriations of such waters shall be received for filing by the Water Resources Commission. [1955 c.707 §16; 1961 c.224 §11; 1985 c.673 §17; 1989 c.833 §55]

Source: Section 536.410 — Withdrawal of unappropriated waters from appropriation by commission order, https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html.

Law Review Citations

21 EL 1 (1991)

536.007
Definitions 536.009
Water Resources Department Water Right Operating Fund 536.015
Water Resources Department Hydroelectric Fund 536.017
Records of expenditures from Water Resources Department Hydroelectric Fund 536.021
Water Measurement Cost Share Program Revolving Fund 536.022
Water Resources Commission 536.025
Duty of commission 536.026
Powers of Water Resources Commission 536.027
Rules and standards 536.028
Rules pertaining to human or livestock consumption uses within or above scenic waterway 536.031
Applicability of rules to completed application for permit 536.032
Water Resources Director 536.037
Functions of director 536.039
Water Resources Department 536.040
Public records 536.045
Sending or receipt of documents in electronic form 536.050
Fees 536.055
Agreements to expedite processing and review of applications, permits and other administrative matters 536.075
Judicial review of final order of commission or department 536.080
Effect of records of former State Water Board and State Water Superintendent 536.090
Ground water advisory committee 536.220
Policy on water resources generally 536.231
Commission to devise plans and programs for development of water resources 536.235
Policy on minimum streamflows 536.238
Policy on water storage facilities 536.241
Policy on water supply 536.295
Conditions for consideration of application for use not classified in basin program 536.300
Formulation of state water resources program 536.310
Purposes and policies to be considered in formulating state water resources program 536.315
Designation of exact land areas included within auxiliary lands 536.320
Limitation of powers of commission 536.330
Water Resources Act as supplemental to and including existing statutes 536.340
Classification of water as to highest and best use and quantity of use 536.350
Delivery of water resources statement to certain public bodies 536.360
State agencies and public corporations to conform to statement of state water resources policy 536.370
Exercise of power in conflict with state water resources policy not effective until approved by commission 536.380
Notification to commission of proposed exercise of power involving water resources required 536.390
Approval without filing notification 536.400
Application to court to compel compliance with state water resources policy 536.410
Withdrawal of unappropriated waters from appropriation by commission order 536.420
Representation of state in carrying out compacts and agreements with other governmental agencies regarding water resources 536.440
Investigations and studies 536.450
Assistance by commission to other persons and agencies 536.460
Preparation and submission of information or recommendations to other persons or agencies 536.470
Coordination of local, state, interstate and federal programs 536.480
Making available information concerning water resources 536.490
Attendance at conferences and meetings 536.500
Acceptance and expenditure of moneys from public and private sources 536.520
State agencies and public corporations furnishing information and services to commission 536.540
Approval of voucher claims 536.570
Moneys and securities of irrigation districts in possession of Water Resources Commission 536.580
Rights acquired prior to August 3, 1955, not affected 536.590
Rights acquired prior to January 1, 1956, not affected 536.595
Department discussions with Corps of Engineers over operation of Detroit Lake 536.700
“Drainage basin” defined 536.710
Policy 536.720
Declaration of state authority 536.730
Effect of emergency powers on vested water rights 536.740
Governor’s authority to declare drought 536.750
Powers of commission after declaration of drought 536.760
Cessation of actions taken under ORS 536.750 536.770
Purchase of option or agreement for use of water permit or right during declared drought 536.780
Water conservation or curtailment plan 536.900
Civil penalties 536.905
Notice 536.910
Amount of penalty 536.915
Remission or reduction of penalty 536.920
Factors to be considered in imposition of penalty 536.930
Consequence of failure to follow order 536.935
Disposition of penalties
Green check means up to date. Up to date

Current through early 2024

§ 536.410’s source at oregon​.gov