ORS 536.750
Powers of commission after declaration of drought
- rules
(1)
Notwithstanding any provision of ORS chapters 536 to 543A, after a declaration that a severe, continuing drought exists, the Water Resources Commission may:(a)
Issue without first conducting a hearing under ORS 537.170 (Contested case hearing on application), a temporary permit for an emergency use of water;(b)
Allow a temporary change in use, place of use or point of diversion of water without complying with the notice and waiting requirements under ORS 540.520 (Application for change of use, place of use or point of diversion);(c)
Notwithstanding the priority of water rights, grant preference of use to rights for human consumption or stock watering use;(d)
Waive the notice requirements under ORS 537.753 (Bond or letter of credit) and the report required under ORS 537.762 (Report of constructor before beginning work on well);(e)
Allow a temporary exchange of water without giving notice as required under ORS 540.535 (Notice of application for exchange); and(f)
Utilize an expedited notice and waiting requirement established by rule for the substitution of a supplemental ground water right for a primary water right under drought conditions in place of the notice and waiting requirement provided in ORS 540.524 (Substitution of supplemental water right from ground water source for primary water right from surface water source).(2)
The commission by rule may establish procedures for carrying out the provisions of this section and a schedule of fees that must accompany a request under subsection (1) of this section. [1989 c.87 §3; 1999 c.873 §20; 2001 c.788 §1](a)
Issue without first conducting a hearing under ORS 537.170 (Contested case hearing on application), a temporary permit for an emergency use of water;(b)
Allow a temporary change in use, place of use or point of diversion of water without complying with the notice and waiting requirements under ORS 540.520 (Application for change of use, place of use or point of diversion);(c)
Notwithstanding the priority of water rights, grant preference of use to rights for human consumption or stock watering use;(d)
Waive the notice requirements under ORS 537.753 (Bond or letter of credit) and the start card required under ORS 537.762 (Report of constructor before beginning work on well);(e)
Allow a temporary exchange of water without giving notice as required under ORS 540.535 (Notice of application for exchange); and(f)
Utilize an expedited notice and waiting requirement established by rule for the substitution of a supplemental ground water right for a primary water right under drought conditions in place of the notice and waiting requirement provided in ORS 540.524 (Substitution of supplemental water right from ground water source for primary water right from surface water source).(2)
The commission by rule may establish procedures for carrying out the provisions of this section and a schedule of fees that must accompany a request under subsection (1) of this section.
Source:
Section 536.750 — Powers of commission after declaration of drought; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors536.html.
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