2017 ORS 536.900¹
Civil penalties
  • imposition

(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 (6) or of a rule described in ORS 537.545 (Exempt uses) (8).

(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]

Note: 536.900 (Civil penalties) to 536.935 (Disposition of penalties) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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/­ors536.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 536, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano536.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.