ORS 536.900
Civil penalties
- imposition
Amended by HB 4061
Effective since June 3, 2022
Relating to water resources; creating new provisions; amending ORS 536.900 and 537.990; and prescribing an effective date.
(1)
In addition to any other liability or penalty provided by law, the Water Resources Commission may impose a civil penalty on a person for any of the following:(a)
Violation of any of the terms or conditions of a permit, certificate or license issued under ORS chapters 536 to 543A.(b)
Violation of ORS 537.130 (Permit to appropriate water required) or 537.535 (Unlawful use or appropriation of ground water, including well construction and operation).(c)
Violation of ORS 537.545 (Exempt uses) (5) or of a rule described in ORS 537.545 (Exempt uses) (7).(d)
Violation of any rule or order of the Water Resources Commission that pertains to well maintenance.(e)
Violation of ORS 540.045 (Watermaster duties), 540.145 (Distribution of water), 540.210 (Distribution from ditch or reservoir), 540.310 (Ditches and canals), 540.320 (Noncompliance with requirements), 540.330 (Reservoirs), 540.340 (Reservoir and diversion dam), 540.435 (Installation of totalizing measuring device), 540.440 (Owner to clear weeds from ditch right of way), 540.570 (Temporary transfers within districts) (5), 540.710 (Interference with headgate, or use of water denied by watermaster or other authority), 540.720 (Unauthorized use or waste of water) and 540.730 (Obstruction interfering with access to or use of works) or rules adopted under ORS 540.145 (Distribution of water).(2)
A civil penalty may be imposed under this section for each day of violation of ORS 537.130 (Permit to appropriate water required), 537.535 (Unlawful use or appropriation of ground water, including well construction and operation), 540.045 (Watermaster duties), 540.310 (Ditches and canals), 540.330 (Reservoirs), 540.570 (Temporary transfers within districts) (5), 540.710 (Interference with headgate, or use of water denied by watermaster or other authority), 540.720 (Unauthorized use or waste of water) or 540.730 (Obstruction interfering with access to or use of works).(3)
In the event the petitioner knowingly misrepresents the map and petition required in ORS 541.329 (Petition for approval of district map), the commission may assess a penalty of up to $1,000 based upon guidelines to be established by the commission. In addition, the petition and map shall be amended to correct the error at the petitioner’s cost. Affected users shall be given notice as provided in ORS 541.329 (Petition for approval of district map) (5).(4)
A civil penalty may not be imposed until the commission prescribes a reasonable time to eliminate the violation. The commission shall notify the violator of the time allowed to correct a violation within five days after the commission first becomes aware of the violation.(5)
Notwithstanding any term or condition of a permit, certificate or license, the rotation of the use of water under ORS 540.150 (Rotation in water use) may not be considered a violation under subsection (1) of this section. [1989 c.618 §1; 1991 c.869 §5; 1993 c.818 §5; 1999 c.873 §21; 2001 c.788 §§6,12; 2003 c.705 §§17,18; 2009 c.819 §2; 2021 c.610 §20a]
Source:
Section 536.900 — Civil penalties; imposition, https://www.oregonlegislature.gov/bills_laws/ors/ors536.html.
Up to date