ORS 536.720
Declaration of state authority

  • Governor’s power to order water conservation or curtailment plan

(1)

Because municipal and other political subdivision boundaries do not conform with the geographic boundaries of the 18 major drainage basins, or associated subbasins in the state, and because problems caused by a severe continuing drought may exceed local ability to control, the Legislative Assembly declares that water resource conservation in time of severe, continuing drought requires the exercise of state authority.

(2)

Intentionally left blank —Ed.

(a)

After a declaration that a severe, continuing drought exists, or is likely to exist, the Governor may order individual state agencies and political subdivisions within any drainage basin or subbasin to implement, within a time certain following the declaration, a water conservation or curtailment plan or both, approved under ORS 536.780 (Water conservation or curtailment plan).

(b)

Each state agency and political subdivision ordered to implement a water conservation or curtailment plan shall file with the Water Resources Commission such periodic reports regarding implementation of the plans as the commission or the Governor may require.

(3)

Orders provided for in subsection (2) of this section and curtailments, adjustments, allocations and regulations ordered pursuant thereto shall be designed insofar as practicable not to discriminate within any class of consumers.

(4)

It is the intent of the Legislative Assembly that curtailments, adjustments, allocations and regulations ordered pursuant to subsection (2) of this section be continued only so long as a declaration by the Governor of the existence of severe, continuing drought is in effect.

(5)

The Governor may direct individual state agencies and political subdivisions of this state to seek enforcement of all orders and regulations issued pursuant to ORS 536.780 (Water conservation or curtailment plan) and subsection (2) of this section. [1977 c.541 §2; 1985 c.673 §20; 1989 c.87 §7]

Source: Section 536.720 — Declaration of state authority; Governor’s power to order water conservation or curtailment plan, https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html.

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

§ 536.720’s source at oregon​.gov