(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 or 537.535.
(c) Violation of ORS 537.545 (5) or of a rule described in ORS 537.545 (7).
(d) Violation of any rule or order of the Water Resources Commission that pertains to well maintenance.
(e) Violation of ORS 540.045, 540.145, 540.210, 540.310, 540.320, 540.330, 540.340, 540.435, 540.440, 540.570 (5), 540.710, 540.720 and 540.730 or rules adopted under ORS 540.145.
(2) A civil penalty may be imposed under this section for each day of violation of ORS 537.130, 537.535, 540.045, 540.310, 540.330, 540.570 (5), 540.710, 540.720 or 540.730.
(3) In the event the petitioner knowingly misrepresents the map and petition required in ORS 541.329, 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 (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 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; 2021 c.610 §20a]
Note: 536.900 to 536.935 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.
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.