2015 ORS 540.525¹
Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion

(1) Upon receipt of an application for a change in the point of diversion under ORS 540.520 (Application for change of use, place of use or point of diversion), the Water Resources Department shall consult with the State Department of Fish and Wildlife to determine whether the diversion is:

(a) Equipped with an appropriate fish screening or by-pass device; or

(b) Included on the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989.

(2) If the original point of diversion is included in the priority list of screening projects established pursuant to section 8, chapter 933, Oregon Laws 1989, the department, after consulting with the State Department of Fish and Wildlife, may require the installation of an appropriate fish screening or by-pass device at the new point of diversion.

(3) When consulting with the State Department of Fish and Wildlife, the department shall determine whether the installation of an appropriate fish screening or by-pass device is necessary to prevent fish from leaving the body of water and entering the diversion.

(4) Any individual who is required to install a fish screening or by-pass device under this section at a point of diversion may participate in the State Department of Fish and Wildlife’s cost-sharing program for the installation of screening or by-pass devices. [1995 c.274 §6a; 2007 c.625 §11]

Notes of Decisions

These sec­tions provide that wa­ter right owner shall not change point of diversion unless he files applica­tion and complies with statutory pro­ce­dures. Huff v. Bretz, 285 Or 507, 592 P2d 204 (1979)

Atty. Gen. Opinions

Right of downstream owners of appropriative wa­ter rights to continua­tion of the flow, (1973) Vol 36, p 318; applica­tion of wa­ter outside irriga­tion season or for use not authorized by permit, (1977) Vol 38, p 1045

Chapter 540

Law Review Cita­tions

11 EL 390 (1981)


1 Legislative Counsel Committee, CHAPTER 540—Distribution of Water; Watermasters; Change in Use; Transfer or Forfeiture of Water Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors540.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 540, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano540.­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.