2017 ORS 539.081¹
Fees for registration statement or statement and proof of claim
  • exemption
  • disposition

(1) At the time the owner or registrant submits a registration statement under ORS 539.240 (Claim to undetermined right to appropriate surface water) or, if a registration statement is not filed, when a statement and proof of claim is filed pursuant to notice by the Water Resources Director under ORS 539.030 (Notice of investigation of stream), the owner or registrant shall pay a fee as follows:

(a) If for irrigation use, $2.30 for each acre of irrigated lands up to 100 acres and $1.20 for each acre in excess of 100 acres. The minimum fee for any owner or registrant for irrigation use shall be $120.

(b) If for power use, $2.30 for each theoretical horsepower up to 100 horsepower, 90 cents for each horsepower in excess of 100 up to 500 horsepower, 60 cents for each horsepower in excess of 500 horsepower up to 1,000 horsepower and 40 cents for each horsepower in excess of 1,000 horsepower, as set forth in the proof. The minimum fee for any owner or registrant for power use shall be $350.

(c) If for mining or any other use, $580 for the first second-foot or fraction of the first second-foot and $120 for each additional second-foot.

(2) The fees under subsection (1) of this section shall not apply to any federally recognized Indian tribe, or to the United States acting as trustee for such a tribe, claiming, under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909), an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted in-stream use to satisfy tribal hunting, fishing or gathering rights.

(3) If the registration statement shows that the water right was initiated by making application for a permit under the provisions of ORS chapter 537, the owner or registrant shall be given credit for the money paid as examination and recording fees. A credit under this subsection shall be allowed only if the application under ORS chapter 537 was for a permit to appropriate water to be applied to the same parcel of land or for the same use as set forth in the registration statement.

(4) All fees paid under this section shall be deposited into the General Fund of the State Treasury and credited to an account of the Water Resources Department. The fees shall be used to pay for the expenses of the department to:

(a) Register claims to undetermined vested rights or federal reserved rights under ORS 539.230 (Notice of need to file registration statement) and 539.240 (Claim to undetermined right to appropriate surface water); and

(b) Determine claims filed or registered under ORS 539.230 (Notice of need to file registration statement) and 539.240 (Claim to undetermined right to appropriate surface water).

(5) No registration statement or statement and proof of claim shall be accepted for filing unless the registration statement or claim is accompanied by the fee in the amount set forth in this section. If the federal government is determined to be immune from the payment of such fees, the director may elect to accept a federal claim for filing without the accompanying fees. [1987 c.541 §7 (enacted in lieu of 539.080); 1989 c.691 §8; 1993 c.157 §3; 1993 c.535 §1; 2013 c.644 §§11,12; 2017 c.571 §§9,10]

Notes of Decisions

United States govern­ment and Indian tribes are exempt from pay­ment of filing fees assessed for adjudica­tion of wa­ter rights. U.S. v. State of Oregon Water Resources Dept., 44 F3d 758 (9th Cir. 1994)

1 Legislative Counsel Committee, CHAPTER 539—Rights of Federally Recognized Indian Tribes Determination of Water Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors539.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 539, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano539.­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.