Oregon Statutes 536.220 – Policy on water resources generally; integrated state water resources strategy
(1) The Legislative Assembly recognizes and declares that:
Terms Used In Oregon Statutes 536.220
- Dependent: A person dependent for support upon another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
- Statute: A law passed by a legislature.
(a) The maintenance of the present level of the economic and general welfare of the people of this state and the future growth and development of this state for the increased economic and general welfare of the people thereof are in large part dependent upon a proper utilization and control of the water resources of this state, and such use and control is therefore a matter of greatest concern and highest priority.
(b) A proper utilization and control of the water resources of this state can be achieved only through a coordinated, integrated state water resources policy, through plans and programs for the development of such water resources and through other activities designed to encourage, promote and secure the maximum beneficial use and control of such water resources, all carried out by a single state agency.
(c) The economic and general welfare of the people of this state have been seriously impaired and are in danger of further impairment by the exercise of some single-purpose power or influence over the water resources of this state or portions thereof by each of a large number of public authorities, and by an equally large number of legislative declarations by statute of single-purpose policies with regard to such water resources, resulting in friction and duplication of activity among such public authorities, in confusion as to what is primary and what is secondary beneficial use or control of such water resources and in a consequent failure to utilize and control such water resources for multiple purposes for the maximum beneficial use and control possible and necessary.
(2) The Legislative Assembly, therefore, finds that:
(a) It is in the interest of the public welfare that a coordinated, integrated state water resources policy be formulated and means provided for its enforcement, that plans and programs for the development and enlargement of the water resources of this state be devised and promoted and that other activities designed to encourage, promote and secure the maximum beneficial use and control of such water resources and the development of additional water supplies be carried out by a single state agency that, in carrying out its functions, shall give proper and adequate consideration to the multiple aspects of the beneficial use and control of such water resources with an impartiality of interest except that designed to best protect and promote the public welfare generally.
(b) The state water resources policy shall be consistent with the goal set forth in ORS § 468B.155.
(3) The Water Resources Department shall develop an integrated state water resources strategy to implement the state water resources policy specified in subsection (2) of this section. The department shall design the strategy to meet Oregon’s in-stream and out-of-stream water needs.
(4) The Water Resources Department shall work in close cooperation with the Department of Environmental Quality, the Oregon Watershed Enhancement Board, the State Department of Agriculture and the State Department of Fish and Wildlife to develop the integrated state water resources strategy, in consultation with other state, local and federal agencies, with other states, with Indian tribes, with stakeholders and with the public.
(5) The Water Resources Department, in close cooperation with the Department of Environmental Quality, the State Department of Agriculture and the State Department of Fish and Wildlife, shall develop data on an ongoing basis to forecast Oregon’s in-stream and out-of-stream water needs, including but not limited to in-stream, ground water, human consumption, irrigated agriculture and water supply needs, for the purpose of developing and updating the integrated state water resources strategy.
(6) The integrated state water resources strategy shall describe:
(a) Oregon’s in-stream and out-of-stream water needs, including but not limited to ecosystem services, water quality and water supply needs.
(b) Critical water issues at the state level and within water basins across this state.
(c) Objectives of the strategy.
(d) Actions that are designed to achieve the objectives of the strategy.
(e) Plans and actions concerning water-related natural hazards and the challenges presented by climate change.
(f) Provisions to ensure communication and engagement with the public.
(g) Provisions to promote meaningful engagement with environmental justice communities, as defined in ORS § 182.535, consistent with the requirements of ORS § 182.545.
(h) Provisions to promote partnerships with Indian tribes, public bodies, as defined in ORS § 174.109, and key stakeholders to implement recommended actions, as appropriate.
(i) How the integrated state water resources strategy will be implemented at multiple scales in a balanced, equitable and integrated manner.
(j) How to support implementation of priority actions recommended in other relevant state-developed or state-recognized plans or strategies.
(k) Specific functions and roles to be played by state agencies, including but not limited to the Department of Environmental Quality, the State Department of Fish and Wildlife, the State Department of Agriculture, the State Forestry Department, the Department of Human Services, the Oregon Business Development Department, the Department of Land Conservation and Development, the Oregon Watershed Enhancement Board, the State Parks and Recreation Department, the Oregon Health Authority, the Department of State Lands and other relevant state agencies, along with provisions to achieve interagency coordination.
(L) Provisions to achieve coordination with federal agencies and states that neighbor Oregon.
(m) Public policy options and recommendations.
(n) Relevant strategy factors, including but not limited to population growth and land use change.
(o) Recommendations regarding the continuous monitoring of climate change effects on Oregon’s water supply and regarding water user actions that are necessary to address climate change.
(p) Processes by which a biennial work plan will be developed and by which implementation of the work plan will be coordinated.
(7) Before adopting or revising the integrated state water resources strategy, the Water Resources Commission shall give notice to the Environmental Quality Commission, the Oregon Watershed Enhancement Board, the State Board of Agriculture, the State Fish and Wildlife Commission and any other agency referenced in the strategy. The strategy, and any revisions to the strategy, shall take effect upon adoption by the Water Resources Commission.
(8) The Water Resources Commission shall review and update the integrated state water resources strategy at least every eight years.
(9) All agencies of state government, as defined in ORS § 174.111, shall:
(a) Assist the Water Resources Department, as requested, in performing the duties described in this section; and
(b) Furnish information as necessary to develop, update and implement the integrated state water resources strategy.
(10) This section does not limit the authority granted the Environmental Quality Commission or the Department of Environmental Quality under ORS Chapter 468B. [1955 c.707 § 1; 1989 c.833 § 53; 2009 c.907 § 44; 2013 c.1 § 76; 2023 c.606 § 10]
The amendments to 536.220 by section 10, chapter 606, Oregon Laws 2023, become operative on the first date after August 4, 2023, on which the Water Resources Commission adopts updates to the integrated state water resources strategy described in 536.220. See section 11, chapter 606, Oregon Laws 2023. The text that is operative until the first date after August 4, 2023, on which the Water Resources Commission adopts updates to the integrated state water resources strategy described in 536.220 is set forth for the user’s convenience.
(1) The Legislative Assembly recognizes and declares that:
(a) The maintenance of the present level of the economic and general welfare of the people of this state and the future growth and development of this state for the increased economic and general welfare of the people thereof are in large part dependent upon a proper utilization and control of the water resources of this state, and such use and control is therefore a matter of greatest concern and highest priority.
(b) A proper utilization and control of the water resources of this state can be achieved only through a coordinated, integrated state water resources policy, through plans and programs for the development of such water resources and through other activities designed to encourage, promote and secure the maximum beneficial use and control of such water resources, all carried out by a single state agency.
(c) The economic and general welfare of the people of this state have been seriously impaired and are in danger of further impairment by the exercise of some single-purpose power or influence over the water resources of this state or portions thereof by each of a large number of public authorities, and by an equally large number of legislative declarations by statute of single-purpose policies with regard to such water resources, resulting in friction and duplication of activity among such public authorities, in confusion as to what is primary and what is secondary beneficial use or control of such water resources and in a consequent failure to utilize and control such water resources for multiple purposes for the maximum beneficial use and control possible and necessary.
(2) The Legislative Assembly, therefore, finds that:
(a) It is in the interest of the public welfare that a coordinated, integrated state water resources policy be formulated and means provided for its enforcement, that plans and programs for the development and enlargement of the water resources of this state be devised and promoted and that other activities designed to encourage, promote and secure the maximum beneficial use and control of such water resources and the development of additional water supplies be carried out by a single state agency that, in carrying out its functions, shall give proper and adequate consideration to the multiple aspects of the beneficial use and control of such water resources with an impartiality of interest except that designed to best protect and promote the public welfare generally.
(b) The state water resources policy shall be consistent with the goal set forth in ORS § 468B.155.
(3)(a) The Water Resources Department shall develop an integrated state water resources strategy to implement the state water resources policy specified in subsection (2) of this section. The department shall design the strategy to meet Oregon’s in-stream and out-of-stream water needs.
(b) The Water Resources Department shall work in close cooperation with the Department of Environmental Quality and the State Department of Fish and Wildlife to develop the integrated state water resources strategy in consultation with other state, local and federal agencies, with other states, with Indian tribes, with stakeholders and with the public.
(c) The Water Resources Department, in close cooperation with the Department of Environmental Quality and the State Department of Fish and Wildlife, shall develop data on an ongoing basis to forecast Oregon’s in-stream and out-of-stream water needs, including but not limited to in-stream, underground water, human consumption and water supply needs, for the purpose of developing and updating the integrated state water resources strategy.
(d) The integrated state water resources strategy shall describe the following:
(A) Oregon’s in-stream and out-of-stream water needs, including but not limited to ecosystem services, water quality and water supply needs.
(B) Objectives of the strategy.
(C) Actions that are designed to achieve the objectives of the strategy.
(D) Plans related to the challenges presented by climate change.
(E) Provisions to ensure communication and partnership with key stakeholders.
(F) Specific functions and roles to be played by state agencies, including but not limited to the State Department of Agriculture, the State Forestry Department, the Department of Human Services, the Oregon Business Development Department, the Department of Land Conservation and Development, the Oregon Watershed Enhancement Board, the State Parks and Recreation Department, the Department of State Lands and other relevant state agencies.
(G) Public policy options and recommendations.
(H) Relevant strategy factors, including but not limited to population growth and land use change.
(I) Recommendations of the Water Resources Department regarding the continuous monitoring of climate change effects on Oregon’s water supply and regarding water user actions that are necessary to address climate change.
(e)(A) The Water Resources Commission shall give the Environmental Quality Commission, the State Department of Agriculture and the State Department of Fish and Wildlife notice of the integrated state water resources strategy prior to adoption of the strategy. The strategy shall take effect upon adoption by the Water Resources Commission.
(B) The Water Resources Commission shall review and update the integrated state water resources strategy every five years. The Water Resources Commission shall give notice to the Environmental Quality Commission, the State Department of Agriculture and the State Department of Fish and Wildlife prior to adopting any revisions of the strategy. Revisions of the strategy shall take effect upon the Water Resources Commission’s adoption of the revised strategy by reference in rule.
(4) This section does not limit the authority granted the Environmental Quality Commission or the Department of Environmental Quality under ORS Chapter 468B.
[1955 c.707 § 3; 1969 c.695 § 12; repealed by 1975 c.581 § 29]