Oregon § 540.435 Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order

Oregon Statutes

§ 540.435 — Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order

Oregon § 540.435

Vol.15

Title 45Water Resources; Irrigation, Drainage, Flood Control, Reclamation

Ch. 540Distribution and Storage of Water; Watermasters; Water Right Changes,

This text of Oregon § 540.435 (Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 540.435 (2026).

Text

(1)(a) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water use information necessary because of serious water management problems created by ground water decline, unresolved user disputes or frequent water shortages, the commission by rule may require a water right owner using any surface or ground water source within the state to install a totalizing measuring device and to submit annually a water use report.

(b)(A) In addition to the factors listed in paragraph (a) of this subsection, as necessary to protect public health, the commission may find that ground water contamination in an underground reservoir in a ground water quality concern area or a ground water quality management area, as

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(1)(a) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water use information necessary because of serious water management problems created by ground water decline, unresolved user disputes or frequent water shortages, the commission by rule may require a water right owner using any surface or ground water source within the state to install a totalizing measuring device and to submit annually a water use report.
(b)(A) In addition to the factors listed in paragraph (a) of this subsection, as necessary to protect public health, the commission may find that ground water contamination in an underground reservoir in a ground water quality concern area or a ground water quality management area, as those terms are defined in ORS 468B.150, is a serious water management problem.
(B) The commission or the Water Resources Department may not, based on a finding under this paragraph, require the installation of a measuring device to measure ground water used for an exempt use under ORS 537.545.
(2) Before the commission implements any requirements under subsection (1) of this section the commission shall:
(a) Cause a hearing to be conducted in the affected area to determine whether a serious management problem exists; and
(b) Allow any affected person an opportunity to present alternative methods or devices that could be used to provide the information necessary to manage the water resource or to alleviate the water management problem.
(3) The watermaster may prohibit the diversion or use of water by anyone who has failed to comply with a commission rule or order requiring installation of measuring devices or submission of a water use report.