Distribution and Storage of Water

ORS 540.488
Water Resources Commission duties and powers

  • rules


(1)

The Water Resources Commission may adopt rules the commission deems necessary or convenient for the administration and enforcement of ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability).

(2)

Notwithstanding subsection (1) of this section, the commission shall adopt rules that, at a minimum, establish:

(a)

A schedule of civil penalty amounts for purposes of ORS 540.995 (Civil penalties);

(b)

The conditions under which the Water Resources Department may remit a civil penalty; and

(c)

Standards for the site, plans, specifications, designs and other engineering requirements for the construction or removal of a dam.

(3)

In addition to any other powers of the department, in carrying out department duties, functions and powers under ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability), the department may:

(a)

Enter into contracts, memorandums of understanding and intergovernmental agreements for:

(A)

The inspection, evaluation or study of dams; or

(B)

The response to dam failure or potential dam failure;

(b)

Accept moneys from any public or private source for the administration and enforcement of ORS 540.443 (Definitions for ORS 540.443 to 540.491) to 540.491 (Dam owner or operator liability) or for enhancing the safety of dams or the protection of life, property or public infrastructure in areas below dams;

(c)

Coordinate with federal, tribal, state, local and private entities to enhance the safety of dams or the protection of life, property or public infrastructure in areas below dams; and

(d)

Waive or reduce fees for dams inspected by another state agency under a memorandum of understanding with the department. [2019 c.390 §17]
Chapter 540

Law Review Citations

11 EL 390 (1981)


Source

Last accessed
Jun. 26, 2021