(1) The Water Resources Department may collect the following fees in advance:

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(a) For examining an application for a permit:

(A) To appropriate water, except as provided under ORS § 543.280 for an application for a hydroelectric project:

(i) A base fee of $1,090 for an appropriation of water through a single use, point of diversion or point of appropriation;

(ii) $410 for the first second-foot or fraction thereof appropriated under the permit;

(iii) $410 for each additional second-foot or fraction thereof appropriated under the permit;

(iv) $410 for each additional use, point of diversion or point of appropriation included in the application;

(v) If appropriating stored water, $41 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.40 for each additional acre-foot or fraction thereof; and

(vi) If appropriating ground water, in addition to any other fees, $480 for each application filed.

(B) To store water under ORS § 537.400 or 537.534 (4):

(i) A base fee of $1,090;

(ii) $41 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.40 for each additional acre-foot or fraction thereof; and

(iii) $160 for each additional storage location.

(C) To exclusively appropriate stored water:

(i) A base fee of $610; and

(ii) $41 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $1.40 for each additional acre-foot or fraction thereof.

(b) For a permit issued under ORS § 537.147, 537.211, 537.409 or 537.625 to appropriate or store water:

(A) A base fee of $610 for recording the permit; and

(B) An additional fee of $790 if the permit is issued pursuant to a final order that contains provisions requested by the applicant for mitigating impacts to the proposed water source.

(c) For filing and recording the assignment or partial assignment of a water right application, permit or license under ORS § 537.220 or 537.635, $120.

(d) For copying records in the department, $2.70 for the first page and 70 cents for each additional page.

(e) For certifying copies, documents, records or maps, $14 for each certificate.

(f) For a blueprint copy of any map or drawing, the actual cost of the work.

(g) For a computer-generated map, the actual cost of the work.

(h) For examining an application for approval of a change to an existing water right or permit:

(A) A base fee of $1,360 for a change to a single water right or permit;

(B) $1,090 for each additional type of change requested;

(C) For a request for a change in place of use or type of use or for a water exchange under ORS § 540.533, $410 for each second-foot or fraction thereof requested beyond the first second-foot;

(D) $610 for each additional water right or permit included in the application;

(E) An additional fee of $480 per application, if the application is for an additional point of appropriation, a change in a point of appropriation or a change from surface water to ground water or for substitution as described in ORS § 540.524; and

(F) $410 for each additional point of appropriation included in the application.

(i) For examining an application for a temporary change in place of use under ORS § 540.523, for a temporary transfer under ORS § 540.585 or for a temporary change in place of use, a change in the point of diversion to allow for the appropriation of ground water or a change of a primary right to a supplemental right under ORS § 540.570, a base fee of $950 for the first water right or permit, plus $310 for each additional water right or permit included in the application and:

(A) For nonirrigation uses, $230 for each second-foot or fraction thereof requested beyond the first second-foot; or

(B) For irrigation uses, $2.70 per acre of land irrigated or, if the application and required map are submitted to the department in a department-approved digital format, 70 cents per acre of land irrigated.

(j) For submitting a protest to the department:

(A) $950 if the protest is by a nonapplicant; and

(B) $480 if the protest is by an applicant.

(k) For filing an application for extension of time within which irrigation or other works shall be completed or a water right perfected, $780.

(L) For a limited license under ORS § 537.143 or 537.534 (2), the fee established by rule by the Water Resources Commission.

(m) For filing, examining and certifying a petition under ORS § 541.329, $480 plus 10 cents per acre of water involved in the application. For purposes of computing this fee, when any acreage within a quarter quarter of a section is involved, the 10 cents per acre shall apply to all acres in that quarter quarter of a section. Notwithstanding the fee amount established in this paragraph, a district notifying the department under ORS § 541.327 (4) shall pay the actual cost of filing, examining and certifying the petition.

(n) For requesting standing under ORS § 537.153, 537.621 or 543A.120, $270.

(o) For participating in a contested case proceeding under ORS § 537.170, 537.622 or 543A.130, $680.

(p) Except for an applicant, for obtaining a copy of both a proposed final order and a final order for a water right application under ORS § 537.140 to 537.252, 537.505 to 537.795 or 543A.005 to 543A.300 or an extension issued under ORS § 537.230, 537.248 or 537.630, $35.

(q) For examining an application to store water under ORS § 537.409:

(A) A base fee of $480; and

(B) $41 for each acre-foot or fraction thereof.

(r) For submitting a notice of intent under ORS § 543A.030 or 543A.075, the amount established by the Water Resources Director under ORS § 543A.410.

(s) For examining an application for a substitution made under ORS § 540.524:

(A) A base fee of $990 for the first well substitution; and

(B) A fee of $480 for each additional well substitution.

(t) For examining an application for an allocation of conserved water under ORS § 537.455 to 537.500:

(A) A base fee of $1,360 for the first water right that is part of the allocation; and

(B) An additional fee of $480 for each water right that is part of the allocation beyond the first water right.

(u) For submitting a water management and conservation plan pursuant to rules of the commission:

(A) $680, if the plan is submitted by an agricultural water supplier;

(B) $1,220, if the plan is submitted by a municipal water supplier serving a population of 1,000 or fewer persons; or

(C) $2,450, if the plan is submitted by a municipal water supplier serving a population of more than 1,000 persons.

(v) For examining a new application for an in-stream water right lease under ORS § 537.348:

(A) $610 for an application for a lease with four or more landowners or four or more water rights; or

(B) $410 for all other applications.

(w) For examining an application for an in-stream water right lease renewal, $150.

(x) For submitting a claim of beneficial use under a permit or transfer having a priority date of July 9, 1987, or later, $230.

(y) For submitting a request no later than 60 days after cancellation of a permit under ORS § 537.260 to reinstate the permit, $610.

(z) For submitting a request for a basin program exception under ORS § 536.295, $780.

(aa) For processing an application under ORS § 537.225 for an assignment of water right to one or more landowners and issuance of replacement water right permits, the actual cost of the work.

(2)(a) The department may charge a dam owner an annual fee based upon the dam’s hazard rating as determined by the department. The fees the department may charge the dam owner are:

(A) $120 for a dam with a low hazard rating.

(B) $230 for a dam with a significant hazard rating.

(C) $790 for a dam with a high hazard rating.

(D) If the dam owner fails to pay an annual fee on or before six months after the billing date, a late fee of $140.

(b) If a dam owner fails to pay an annual fee or a late fee charged by the department, the department may, after giving the dam owner notice by certified mail, place a lien on the real property where the dam is located for the fees owed by the dam owner.

(3) Notwithstanding the fees established under subsection (1) of this section, the commission may establish lower examination and permit fees by rule for:

(a) The right to appropriate water for a storage project of five acre-feet or less; or

(b) The right to appropriate water for the purpose of allowing the applicant to water livestock outside of a riparian area, as that term is defined in ORS § 541.890.

(4)(a) The director may refund all or part of a fee paid to the department under this section if the director determines that a refund of the fee is appropriate in the interests of fairness to the public or necessary to correct an error of the department.

(b) The director may refund all or part of the protest fee described in subsection (1)(j) of this section to the legal owner or occupant who filed a protest under ORS § 540.641 if an order of the Water Resources Commission establishes that all or part of a water right has not been canceled or modified under ORS § 540.610 to 540.650.

(5) The director may waive all or part of a fee for a change to a water right permit under ORS § 537.211 (4), a change to a water right subject to transfer under ORS § 540.520 or 540.523 or an allocation of conserved water under ORS § 537.470, if the change or allocation of conserved water is:

(a) Made pursuant to ORS § 537.348;

(b) Necessary to complete a project funded under ORS § 541.932; or

(c) Approved by the State Department of Fish and Wildlife as a change or allocation of conserved water that will result in a net benefit to fish and wildlife habitat.

(6) Notwithstanding the fees established pursuant to this section, the commission may adopt by rule reduced fees for persons submitting materials to the department in a digital format approved by the department.

(7) All moneys received under this section, less any amounts refunded under subsection (4) of this section, shall be deposited in the Water Resources Department Water Right Operating Fund.

(8) Notwithstanding subsection (7) of this section, all fees received by the department for power purposes under ORS § 543.280 shall be deposited in the Water Resources Department Hydroelectric Fund established by ORS § 536.015. [Amended by 1961 c.187 § 3; 1967 c.36 § 1; 1973 c.163 § 4; 1975 c.581 § 21; 1981 c.627 § 1; 1983 c.256 § 1; 1985 c.673 § 12; 1987 c.815 § 8; 1989 c.587 § 1; 1989 c.758 § 1; 1989 c.933 § 4; 1989 c.1000 § 6; 1991 c.734 § 49a; 1991 c.869 § 4; 1995 c.416 § 1; 1995 c.752 § 6; 1997 c.449 § 35; 1997 c.587 § 1; 1999 c.555 § 3; 1999 c.664 § 1; 1999 c.665 § 1; 1999 c.873 § 19; 2003 c.594 § 1; 2003 c.691 § 4; 2003 c.705 § 7; 2005 c.156 § 1; 2007 c.188 § 1; 2007 c.267 § 1; 2009 c.819 5,12; 2013 c.166 4,5; 2013 c.644 1,2; 2017 c.571 1,2; 2021 c.515 § 1]