ORS 536.340
Classification of water as to highest and best use and quantity of use

  • enforcement of laws concerning loss of water rights
  • prescribing preferences for future uses

(1)

Subject at all times to existing rights and priorities to use waters of this state, the Water Resources Commission:

(a)

May, by a water resources statement referred to in ORS 536.300 (Formulation of state water resources program) (2), classify and reclassify the lakes, streams, underground reservoirs or other sources of water supply in this state as to the highest and best use and quantities of use thereof for the future in aid of an integrated and balanced program for the benefit of the state as a whole. The commission may so classify and reclassify portions of any such sources of water supply separately. Classification or reclassification of sources of water supply as provided in this subsection has the effect of restricting the use and quantities of use thereof to the uses and quantities of uses specified in the classification or reclassification, and no other uses or quantities of uses except as approved by the commission under ORS 536.370 (Exercise of power in conflict with state water resources policy not effective until approved by commission) to 536.390 (Approval without filing notification) or as accepted by the commission under ORS 536.295 (Conditions for consideration of application for use not classified in basin program). Restrictions on use and quantities of use of a source of water supply resulting from a classification or reclassification under this subsection shall apply to the use of all waters of this state affected by the classification or reclassification, and shall apply to uses listed in ORS 537.545 (Exempt uses) that are initiated after the classification or reclassification that imposes the restriction.

(b)

Shall diligently enforce laws concerning cancellation, release and discharge of excessive unused claims to waters of this state to the end that such excessive and unused amounts may be made available for appropriation and beneficial use by the public.

(c)

May, by a water resources statement referred to in ORS 536.300 (Formulation of state water resources program) (2) and subject to the preferential uses named in ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) (12), prescribe preferences for the future for particular uses and quantities of uses of the waters of any lake, stream or other source of water supply in this state in aid of the highest and best beneficial use and quantities of use thereof. In prescribing such preferences the commission shall give effect and due regard to the natural characteristics of such sources of water supply, the adjacent topography, the economy of such sources of water supply, the economy of the affected area, seasonal requirements of various users of such waters, the type of proposed use as between consumptive and nonconsumptive uses and other pertinent data.

(2)

In classifying or reclassifying a source of water supply or prescribing preferences for the future uses of a source of water supply under subsection (1) of this section, the commission shall:

(a)

Comply with the requirements set forth in the Water Resources Department coordination program developed pursuant to ORS 197.180 (State agency planning responsibilities); and

(b)

Cause notice of the hearing held under ORS 536.300 (Formulation of state water resources program) (3) to be published in a newspaper of general circulation once each week for two successive weeks in each county:

(A)

In which waters affected by the action of the commission under subsection (1) of this section are located; or

(B)

That is located within the basin under consideration.

(3)

Before beginning any action under subsection (2) of this section that would limit new ground water uses that are exempt under ORS 537.545 (Exempt uses) from the requirement to obtain a water right, the commission shall:

(a)

Review the proposed action to determine whether the proposal is consistent with ORS 537.780 (Powers of Water Resources Commission);

(b)

Provide an opportunity for review by:

(A)

Any member of the Legislative Assembly who represents a district where the proposed action would apply; and

(B)

Any interim committee of the Legislative Assembly responsible for water-related issues; and

(c)

Receive and consider a recommendation on the proposal from the ground water advisory committee appointed under ORS 536.090 (Ground water advisory committee). [1955 c.707 §10(6); 1963 c.414 §1; 1989 c.9 §2; 1989 c.833 §54; 1997 c.510 §1; 2011 c.52 §1]

Source: Section 536.340 — Classification of water as to highest and best use and quantity of use; enforcement of laws concerning loss of water rights; prescribing preferences for future uses, https://www.­oregonlegislature.­gov/bills_laws/ors/ors536.­html.

Attorney General Opinions

Liability of members of the State Water Resources Board for damages of a party adversely affected by reclassification, (1972) Vol 36, p 250

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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