2007 ORS 536.050¹
Fees
  • rules
  • refunds
  • waiver and reduction of certain fees

(1) The Water Resources Department may collect the following fees in advance:

(a) For examining an application for a permit:

(A) To appropriate water, except as provided under ORS 543.280 (Fee payments by licensee) for an application for a hydroelectric project:

(i) A base fee of $500 for an appropriation of water through a single use, point of diversion or point of appropriation;

(ii) $200 for the first second-foot or fraction thereof appropriated under the permit;

(iii) $100 for each additional second-foot or fraction thereof appropriated under the permit;

(iv) $200 for each additional use, point of diversion or point of appropriation included in the application; and

(v) If appropriating stored water, $20 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1 for each additional acre-foot or fraction thereof.

(B) To store water under ORS 537.400 (Reservoir permits) or 537.534 (Rules for permitting and administering aquifer storage and recovery projects) (4):

(i) A base fee of $500; and

(ii) $20 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1 for each additional acre-foot or fraction thereof.

(C) To exclusively appropriate stored water:

(i) A base fee of $250; and

(ii) $15 for the first acre-foot or fraction thereof up to 10 acre-feet, plus $1 for each additional acre-foot or fraction thereof.

(b) For recording a permit to appropriate or store water, $300.

(c) For filing and recording the assignment or partial assignment of a water right application, permit or license under ORS 537.220 (Assignment of application, permit or license) or 537.635 (Assignment of application, certificate of registration or permit), $50.

(d) For copying records in the department, $2 for the first page and 50 cents for each additional page.

(e) For certifying copies, documents, records or maps, $10 for each certificate.

(f) For a blueprint copy of any map or drawing, the actual cost of the work.

(g) For a computer-generated map, the actual cost of the work.

(h) For examining an application for approval of a change to an existing water right or permit:

(A) A base fee of $400 for a change to a single water right or permit;

(B) $400 for each additional type of change requested;

(C) For a request for a change in place of use or type of use or for a water exchange under ORS 540.533 (Application for exchange of water), $200 for each second-foot or fraction thereof requested beyond the first second-foot; and

(D) $200 for each additional water right or permit included in the application.

(i) For examining an application for a temporary change in place of use under ORS 540.523 (Temporary transfer of water right or permit), for a temporary transfer under ORS 540.585 (Temporary transfers within Deschutes River Basin) or for a temporary change in place of use, a change in the point of diversion to allow for the appropriation of ground water or a change of a primary right to a supplemental right under ORS 540.570 (Temporary transfers within districts), a base fee of $200 for the first water right or permit, plus $50 for each additional water right or permit included in the application and:

(A) For nonirrigation uses, $80 for each second-foot or fraction thereof requested beyond the first second-foot; or

(B) For irrigation uses, $1 per acre of land irrigated or, if the application and required map are submitted to the department in a department-approved digital format, 25 cents per acre of land irrigated.

(j) For submitting a protest to the department, $350.

(k) For filing an application for extension of time within which irrigation or other works shall be completed or a water right perfected, $350.

(L) For a limited license under ORS 537.143 (Limited license to use or store surface or ground water or to use stored water) or 537.534 (Rules for permitting and administering aquifer storage and recovery projects) (2), the fee established by rule by the Water Resources Commission.

(m) For filing, examining and certifying a petition under ORS 541.329 (Petition for approval of district map), $250 plus 10 cents per acre of water involved in the application. For purposes of computing this fee, when any acreage within a quarter quarter of a section is involved, the 10 cents per acre shall apply to all acres in that quarter quarter of a section. Notwithstanding the fee amount established in this paragraph, a district notifying the department under ORS 541.327 (Failure or refusal of district to act) (4) shall pay the actual cost of filing, examining and certifying the petition.

(n) For requesting standing under ORS 537.153 (Review of application), 537.621 (Review of application) or 543A.120 (Proposed final order), $100.

(o) For participating in a contested case proceeding under ORS 537.170 (Contested case hearing on application), 537.622 (Contested case hearing) or 543A.130 (Contested case hearing), $250.

(p) Except for an applicant, for obtaining a copy of both a proposed final order and a final order for a water right application under ORS 537.140 (Application for permit) to 537.252 (Certificate issued for land not described in permit), 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) or 543A.005 (Definitions) to 543A.300 (Decommissioning) or an extension issued under ORS 537.230 (Time allowed for construction of irrigation or other work), 537.248 (Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right) or 537.630 (Time allowed for construction work under permit), $10.

(q) For examining an application to store water under ORS 537.409 (Alternate permit application process for qualifying reservoirs):

(A) A base fee of $80; and

(B) $20 for each acre-foot or fraction thereof.

(r) For submitting a notice of intent under ORS 543A.030 (Notice of intent) or 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes), the amount established by the Water Resources Director under ORS 543A.410 (Fee schedule).

(s) For examining an application for a substitution made under ORS 540.524 (Substitution of supplemental water right from ground water source for primary water right from surface water source), $280.

(t) For examining an application for an allocation of conserved water under ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right), $700.

(u) For submitting a water management and conservation plan pursuant to rules of the commission:

(A) $250, if the plan is submitted by an agricultural water supplier;

(B) $500, if the plan is submitted by a municipal water supplier serving a population of 1,000 or fewer persons; or

(C) $1,000, if the plan is submitted by a municipal water supplier serving a population of more than 1,000 persons.

(v) For examining a new application for an in-stream water right lease under ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right):

(A) $200 for an application for a lease with four or more landowners or four or more water rights; or

(B) $100 for all other applications.

(w) For examining an application for an in-stream water right lease renewal, $50.

(2) Notwithstanding the fees established under subsection (1) of this section, the commission may establish lower examination and permit fees by rule for:

(a) The right to appropriate water for a storage project of five acre-feet or less; or

(b) The right to appropriate water for the purpose of allowing the applicant to water livestock outside of a riparian area, as that term is defined in ORS 541.351 (Definitions for ORS 541.351 to 541.415).

(3)(a) The director may refund all or part of a fee paid to the department under this section if the director determines that a refund of the fee is appropriate in the interests of fairness to the public or necessary to correct an error of the department.

(b) The director may refund all or part of the protest fee described in subsection (1)(j) of this section to the legal owner or occupant who filed a protest under ORS 540.641 (Protest of cancellation) if an order of the Water Resources Commission establishes that all or part of a water right has not been canceled or modified under ORS 540.610 (Use as measure of water right) to 540.650 (Issuance of new water right certificate for water rights not canceled).

(4) The director may waive all or part of a fee for a change to a water right permit under ORS 537.211 (Issuance of permit if application approved) (4), a change to a water right subject to transfer under ORS 540.520 (Application for change of use, place of use or point of diversion) or 540.523 (Temporary transfer of water right or permit) or an allocation of conserved water under ORS 537.470 (Allocation of conserved water by commission), if the change or allocation of conserved water is:

(a) Made pursuant to ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right);

(b) Necessary to complete a project funded under ORS 541.375 (Watershed enhancement projects); or

(c) Approved by the State Department of Fish and Wildlife as a change or allocation of conserved water that will result in a net benefit to fish and wildlife habitat.

(5) Notwithstanding the fees established pursuant to this section, the commission may adopt by rule reduced fees for persons submitting materials to the department in a digital format approved by the department.

(6) All moneys received under this section, less any amounts refunded under subsection (3) of this section, shall be deposited in the Water Resources Department Water Right Operating Fund.

(7) Notwithstanding subsection (6) of this section, all fees received by the department for power purposes under ORS 543.280 (Fee payments by licensee) shall be deposited in the Water Resources Department Hydroelectric Fund established by ORS 536.015 (Water Resources Department Hydroelectric Fund). [Amended by 1961 c.187 §3; 1967 c.36 §1; 1973 c.163 §4; 1975 c.581 §21; 1981 c.627 §1; 1983 c.256 §1; 1985 c.673 §12; 1987 c.815 §8; 1989 c.587 §1; 1989 c.758 §1; 1989 c.933 §4; 1989 c.1000 §6; 1991 c.734 §49a; 1991 c.869 §4; 1995 c.416 §1; 1995 c.752 §6; 1997 c.449 §35; 1997 c.587 §1; 1999 c.555 §3; 1999 c.664 §1; 1999 c.665 §1; 1999 c.873 §19; 2003 c.594 §1; 2003 c.691 §4; 2003 c.705 §7; 2005 c.156 §1; 2007 c.188 §1; 2007 c.267 §1]

Chapter 536

Law Review Cita­tions

28 WLR 285 (1992)

1 Legislative Counsel Committee, CHAPTER 536—Water Resources Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­536.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 536, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­536ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.