ORS 536.310
Purposes and policies to be considered in formulating state water resources program


In formulating the water resources program under ORS 536.300 (Formulation of state water resources program) (2), the Water Resources Commission shall take into consideration the purposes and declarations enumerated in ORS 536.220 (Policy on water resources generally) and also the following additional declarations of policy:

(1)

Existing rights, established duties of water, and relative priorities concerning the use of the waters of this state and the laws governing the same are to be protected and preserved subject to the principle that all of the waters within this state belong to the public for use by the people for beneficial purposes without waste;

(2)

It is in the public interest that integration and coordination of uses of water and augmentation of existing supplies for all beneficial purposes be achieved for the maximum economic development thereof for the benefit of the state as a whole;

(3)

That adequate and safe supplies be preserved and protected for human consumption, while conserving maximum supplies for other beneficial uses;

(4)

Multiple-purpose impoundment structures are to be preferred over single-purpose structures; upstream impoundments are to be preferred over downstream impoundments. The fishery resource of this state is an important economic and recreational asset. In the planning and construction of impoundment structures and milldams and other artificial obstructions, due regard shall be given to means and methods for its protection;

(5)

Competitive exploitation of water resources of this state for single-purpose uses is to be discouraged when other feasible uses are in the general public interest;

(6)

In considering the benefits to be derived from drainage, consideration shall also be given to possible harmful effects upon ground water supplies and protection of wildlife;

(7)

The maintenance of minimum perennial streamflows sufficient to support aquatic life, to minimize pollution and to maintain recreation values shall be fostered and encouraged if existing rights and priorities under existing laws will permit;

(8)

Watershed development policies shall be favored, whenever possible, for the preservation of balanced multiple uses, and project construction and planning with those ends in view shall be encouraged;

(9)

Due regard shall be given in the planning and development of water recreation facilities to safeguard against pollution;

(10)

It is of paramount importance in all cooperative programs that the principle of the sovereignty of this state over all the waters within the state be protected and preserved, and such cooperation by the commission shall be designed so as to reinforce and strengthen state control;

(11)

Local development of watershed conservation, when consistent with sound engineering and economic principles, is to be promoted and encouraged;

(12)

When proposed uses of water are in mutually exclusive conflict or when available supplies of water are insufficient for all who desire to use them, preference shall be given to human consumption purposes over all other uses and for livestock consumption, over any other use, and thereafter other beneficial purposes in such order as may be in the public interest consistent with the principles of chapter 707, Oregon Laws 1955, under the existing circumstances; and

(13)

Notwithstanding any other provision of this section, when available supplies of water are insufficient in the South Umpqua River to provide for both the needs of human consumption pursuant to a municipal water right and the maintenance of previously established minimum streamflows, preference shall be given to the municipal needs if the municipality adopts and enforces an ordinance restricting use of the water so obtained to direct human consumption uses. [1955 c.707 §10(3); 1979 c.170 §1; 1987 c.546 §1]
Note: The Legislative Counsel has not, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication), undertaken to substitute specific ORS references for the words “chapter 707, Oregon Laws 1955,” in 536.310 (Purposes and policies to be considered in formulating state water resources program) and 536.330 (Water Resources Act as supplemental to and including existing statutes). Chapter 707, Oregon Laws 1955, enacted into law and amended the ORS sections which may be found by referring to the 1955 Comparative Section Table located in Volume 22 of Oregon Revised Statutes.

Source: Section 536.310 — Purposes and policies to be considered in formulating state water resources program, https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html.

Attorney General Opinions

Right to use water for human and livestock consumption although such use results in reducing stream flow below minimum standards, (1973) Vol 36, p 420; Water Policy Review Board’s authority to grant city exemption from minimum perennial streamflow for irrigation, (1980) Vol 40, p 202

Law Review Citations

21 EL 133 (1991)

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
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