2015 ORS 537.763¹
Water Resources Department Operating Fund

(1) There is established in the State Treasury the Water Resources Department Operating Fund to provide for the payment of the administrative expenses of the Water Resources Commission in carrying out the provisions of ORS 537.762 (Report of constructor before beginning work on well).

(2) The Water Resources Department Operating Fund shall consist of:

(a) Fees received pursuant to ORS 537.762 (Report of constructor before beginning work on well).

(b) All moneys received on behalf of the fund by gift, grant or appropriation, from whatever source.

(3) The Water Resources Department Operating Fund shall be separate and distinct from the General Fund. All interest, if any, shall inure to the benefit of the Water Resources Department Operating Fund.

(4) In expending moneys in the Water Resources Department Operating Fund received from fees pursuant to ORS 537.762 (Report of constructor before beginning work on well), the biennial limitations on expenditures of the Water Resources Department shall be:

(a) No more than five percent for well inspection administrative support;

(b) No more than 20 percent for well inspection technical and information services; and

(c) No less than 75 percent for well inspection field investigation and enforcement. [1989 c.129 §4; 2003 c.594 §4]

Note: 537.763 (Water Resources Department Operating Fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Water Resources Commission imple­menta­tion and en­force­­ment of state control over inspec­tion and construc­tion of wells is discre­tionary. Ashland Drilling, Inc. v. Jackson County, 168 Or App 624, 4 P3d 748 (2000), Sup Ct review denied

County ordinance pro­vi­sions requiring well construc­tion permit, imposing construc­tion permit fees, regulating well loca­tion, requiring submission of plot plans, and requiring flow testing are preempted by state law. Ashland Drilling, Inc. v. Jackson County, 168 Or App 624, 4 P3d 748 (2000), Sup Ct review denied

County ordinance pro­vi­sions requiring well wa­ter quality testing, requiring inclusion of notice in deed of inadequate wa­ter supply, and regulating subdivision of lands having inadequate wa­ter supply are not preempted by state law. Ashland Drilling, Inc. v. Jackson County, 168 Or App 624, 4 P3d 748 (2000), Sup Ct review denied

Notes of Decisions

Ground Water Act of 1955, construed together with ORS chapter 536, governing ad­min­is­tra­­tion of wa­ter resources generally, cannot be read as expressly prohibiting local bodies from engaging in regulatory ac­tivity consistent with statute or agency regula­tions. Water Resources Dept. v. City of Klamath Falls, 68 Or App 148, 682 P2d 779 (1984), Sup Ct review denied

Atty. Gen. Opinions

Require­ments for exploring for or produc­tion of geothermal or oil or gas resources, (1974) Vol 37, p 68

Law Review Cita­tions

4 EL 333 (1974); 47 WLR 405 (2011)

Chapter 537

Notes of Decisions

Water control district, in applying for wa­ter appropria­tion permit for hydroelectric project, was exempt from licensing pro­vi­sions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.620 and needed only to comply with require­ments of this chapter. Steamboaters v. Winchester Water Control Dist., 69 Or App 596, 688 P2d 92 (1984), Sup Ct review denied

Atty. Gen. Opinions

Reserva­tion to state of "all coal and other minerals" in deed of land by state as reserva­tion of geothermal resources, (1980) Vol 41, p 298

Law Review Cita­tions

11 EL 387 (1981); 16 EL 583, 592 (1986); 28 WLR 285 (1992)


1 Legislative Counsel Committee, CHAPTER 537—Appropriation of Water Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors537.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 537, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano537.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.