(a) Issue without first conducting a hearing under ORS 537.170, a temporary permit for an emergency use of water;
(b) Allow a temporary change in use, place of use or point of diversion of water without complying with the notice and waiting requirements under ORS 540.520;
(c) Notwithstanding the priority of water rights, grant preference of use to rights for human consumption or stock watering use;
(d) Waive the notice requirements under ORS 537.753 and the report required under ORS 537.762;
(e) Allow a temporary exchange of water without giving notice as required under ORS 540.535; and
(f) Utilize an expedited notice and waiting requirement established by rule for the substitution of a supplemental ground water right for a primary water right under drought conditions in place of the notice and waiting requirement provided in ORS 540.524.
(2) The commission by rule may establish procedures for carrying out the provisions of this section and a schedule of fees that must accompany a request under subsection (1) of this section. [1989 c.87 §3; 1999 c.873 §20; 2001 c.788 §1]
Note: The amendments to 536.750 by section 5, chapter 610, Oregon Laws 2021, become operative July 1, 2023. See section 27, chapter 610, Oregon Laws 2021. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience. (1) Notwithstanding any provision of ORS chapters 536 to 543A, after a declaration that a severe, continuing drought exists, the Water Resources Commission may:
(a) Issue without first conducting a hearing under ORS 537.170, a temporary permit for an emergency use of water;
(b) Allow a temporary change in use, place of use or point of diversion of water without complying with the notice and waiting requirements under ORS 540.520;
(c) Notwithstanding the priority of water rights, grant preference of use to rights for human consumption or stock watering use;
(d) Waive the notice requirements under ORS 537.753 and the start card required under ORS 537.762;
(e) Allow a temporary exchange of water without giving notice as required under ORS 540.535; and
(f) Utilize an expedited notice and waiting requirement established by rule for the substitution of a supplemental ground water right for a primary water right under drought conditions in place of the notice and waiting requirement provided in ORS 540.524.
(2) The commission by rule may establish procedures for carrying out the provisions of this section and a schedule of fees that must accompany a request under subsection (1) of this section.
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 536 - Water Resources Administration
Section 536.007 - Definitions.
Section 536.009 - Water Resources Department Water Right Operating Fund; uses; sources.
Section 536.015 - Water Resources Department Hydroelectric Fund; uses; sources.
Section 536.017 - Records of expenditures from Water Resources Department Hydroelectric Fund.
Section 536.025 - Duty of commission; delegation to Water Resources Director; exception.
Section 536.026 - Powers of Water Resources Commission.
Section 536.027 - Rules and standards.
Section 536.031 - Applicability of rules to completed application for permit.
Section 536.037 - Functions of director.
Section 536.040 - Public records; copies as evidence.
Section 536.045 - Sending or receipt of documents in electronic form; rules; fees.
Section 536.050 - Fees; rules; refunds; waiver and reduction of certain fees.
Section 536.090 - Ground water advisory committee; duties; qualification; term; expenses.
Section 536.220 - Policy on water resources generally; integrated state water resources strategy.
Section 536.238 - Policy on water storage facilities.
Section 536.241 - Policy on water supply.
Section 536.320 - Limitation of powers of commission.
Section 536.330 - Water Resources Act as supplemental to and including existing statutes.
Section 536.400 - Application to court to compel compliance with state water resources policy.
Section 536.410 - Withdrawal of unappropriated waters from appropriation by commission order.
Section 536.595 - Department discussions with Corps of Engineers over operation of Detroit Lake.
Section 536.750 - Powers of commission after declaration of drought; rules.
Section 536.900 - Civil penalties; imposition.
Section 536.905 - Notice; application for hearing.
Section 536.910 - Amount of penalty; rules.
Section 536.915 - Remission or reduction of penalty.
Section 536.920 - Factors to be considered in imposition of penalty.