(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]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Section 540.020 - Watermasters; appointment; removal; powers of Water Resources Director.
Section 540.030 - Water Resources Director; duties regarding water distribution.
Section 540.045 - Watermaster duties.
Section 540.075 - Office and equipment for watermaster.
Section 540.080 - Assistant watermasters; compensation and expenses; termination.
Section 540.100 - Division of water among users; payment.
Section 540.120 - Lien for wages and expense; notice; foreclosure.
Section 540.145 - Distribution of water; rules; applicability.
Section 540.210 - Distribution from ditch or reservoir.
Section 540.220 - Payment of assistant watermaster.
Section 540.250 - Lien, notice of intent to claim; foreclosure; attorney fees.
Section 540.260 - Lien for wages and expense; enforcement; remedy not exclusive.
Section 540.310 - Ditches and canals; headgates; measuring devices; flumes along lines of ditches.
Section 540.330 - Reservoirs; measuring devices; effect of noncompliance.
Section 540.340 - Reservoir and diversion dam; suitable outlet; effect of noncompliance.
Section 540.355 - Inspection, evaluation and assessment of hydraulic structures.
Section 540.443 - Definitions for ORS 540.443 to 540.491.
Section 540.446 - Dams not subject to ORS 540.443 to 540.491.
Section 540.449 - Construction plan approval; fees; rules.
Section 540.452 - Removal plan approval.
Section 540.455 - Dam inspections and analysis.
Section 540.458 - Notice for owner corrective action to address safety issues.
Section 540.461 - Plan and time frame for corrective action; hearing; proposed and final orders.
Section 540.473 - Application for injunction.
Section 540.479 - Dam owner responsibilities.
Section 540.482 - Emergency action plan for dam with high hazard rating.
Section 540.485 - Actual or potential dam failure.
Section 540.488 - Water Resources Commission duties and powers; rules.
Section 540.491 - Dam owner or operator liability.
Section 540.505 - Definitions.
Section 540.532 - Request for change in point of diversion to reflect historical use; requirements.
Section 540.533 - Application for exchange of water.
Section 540.537 - Order allowing exchange; order terminating exchange.
Section 540.541 - Delivery and use of water under exchange.
Section 540.570 - Temporary transfers within districts; procedure; fee.
Section 540.572 - Application of certificated water elsewhere within district; notice.
Section 540.574 - Petition for approval of transfer.
Section 540.576 - Notice of petition; protest; user rights.
Section 540.578 - Filing of protest; hearing on proposed transfer.
Section 540.585 - Temporary transfers within Deschutes River Basin; procedure; fee.
Section 540.587 - Report on implementation of temporary transfer provisions.
Section 540.641 - Protest of cancellation; procedure.