Increases certain fees related to water.

83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 2803
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of Governor
Tina Kotek for Water Resources Department)
CHAPTER .................................................
AN ACT
Relating to fees concerning water; creating new provisions; amending ORS 536.050, 537.150, 537.610,
537.620 and 539.081; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 536.050 is amended to read:
536.050. (1) The Water Resources Department may collect the following fees in advance:
(a) For examining an application for a permit:
(A) To appropriate water, except as provided under ORS 543.280 for an application for a hy-
droelectric project:
(i) A base fee of [ $1,090] $1,635 for an appropriation of water through a single use, point of di-
version or point of appropriation;
(ii) [ $410] $615 for the first second-foot or fraction thereof appropriated under the permit;
(iii) [ $410] $615 for each additional second-foot or fraction thereof appropriated under the per-
mit;
(iv) [ $410] $615 for each additional use, point of diversion or point of appropriation included in
the application;
(v) If appropriating stored water, [ $41] $62 for the first acre-foot or fraction thereof up to 20
acre-feet, plus [ $1.40] $2.10 for each additional acre-foot or fraction thereof; and
(vi) If appropriating ground water, in addition to any other fees, [ $480] $720 for each application
filed.
(B) To store water under ORS 537.400 or 537.534 (4):
(i) A base fee of [$1,090] $1,635;
(ii) [ $41] $62 for the first acre-foot or fraction thereof up to 20 acre-feet, plus [ $1.40] $2.10 for
each additional acre-foot or fraction thereof; and
(iii) [ $160] $240 for each additional storage location.
(C) To exclusively appropriate stored water:
(i) A base fee of [$610] $915; and
(ii) [ $41] $62 for the first acre-foot or fraction thereof up to 20 acre-feet, plus [ $1.40] $2.10 for
each additional acre-foot or fraction thereof up to 600 acre-feet plus $1.00 for each additional
acre-foot or fraction thereof after 600 acre-feet .
(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] $915 for recording the permit; and
Enrolled House Bill 2803 (HB 2803-B) Page 1
(B) An additional fee of [ $790] $1,185 if the permit is issued pursuant to a final order that con-
tains 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] $180.
(d) For copying records in the department, [ $2.70] $4.10 for the first page and [ 70 cents ] $1.10
for each additional page.
(e) For certifying copies, documents, records or maps, [ $14] $21 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] $2,040 for a change to a single water right or permit;
(B) [ $1,090] $1,635 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] $615 for each second-foot or fraction thereof requested beyond the first second-foot;
(D) [ $610] $915 for each additional water right or permit included in the application;
(E) An additional fee of [ $480] $720 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] $615 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] $1,425 for the first water right or
permit, plus [ $310] $465 for each additional water right or permit included in the application and:
(A) For nonirrigation uses, [ $230] $345 for each second-foot or fraction thereof requested beyond
the first second-foot; or
(B) For irrigation uses, [ $2.70] $4.10 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 ] $1.10 per
acre of land irrigated.
(j) For submitting a protest to the department:
(A) [$950] $1,425 if the protest is by a nonapplicant; and
(B) [ $480] $720 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] $1,170.
(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] $720 plus [ 10] 20
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] 20 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] $405.
(o) For participating in a contested case proceeding under ORS 537.170, 537.622 or 543A.130,
[$680] $1,020.
(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] $53.
(q) For examining an application to store water under ORS 537.409:
(A) A base fee of [$480] $720; and
(B) [ $41] $62 for each acre-foot or fraction thereof.
Enrolled House Bill 2803 (HB 2803-B) Page 2
(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] $1,485 for the first well substitution; and
(B) A fee of [ $480] $720 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] $2,040 for the first water right that is part of the allocation; and
(B) An additional fee of [ $480] $720 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 com-
mission:
(A) [ $680] $1,020, if the plan is submitted by an agricultural water supplier;
(B) [ $1,220] $1,830, if the plan is submitted by a municipal water supplier serving a population
of 1,000 or fewer persons; or
(C) [ $2,450] $3,675, 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] $915 for an application for a lease with four or more landowners or four or more
water rights; or
(B) [ $410] $615 for all other applications.
(w) For examining an application for an in-stream water right lease renewal, [ $150] $225.
(x) For submitting a claim of beneficial use under a permit [ or transfer ] having a priority date
of July 9, 1987, or later, or a transfer submitted on July 9, 1987, or later, [ $230] $345.
(y) For submitting a request no later than 60 days after cancellation of a permit under ORS
537.260 to reinstate the permit, [ $610] $915.
(z) For submitting a request for a basin program exception under ORS 536.295, [ $780] $1,170.
(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] $190 for a dam with a low hazard rating.
(B) [ $230] $360 for a dam with a significant hazard rating.
(C) [ $790] $1,235 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] $220.
(b) If a dam owner fails to pay an annual fee or a late fee charged by the department, the de-
partment 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.
Enrolled House Bill 2803 (HB 2803-B)Page 3
(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 allo-
cation 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 con-
served 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.
SECTION 2.
ORS 537.150 is amended to read:
537.150. (1) Within 15 days after receiving an application, the Water Resources Department shall
determine whether the application contains the information listed under ORS 537.140 (1) and is
complete and not defective, including the payment of all fees required under ORS 537.140 (5). If the
department determines that the application is incomplete or defective or that not all fees have been
paid, the department shall return the fees paid and the application.
(2) Upon determining that an application contains the information listed under ORS 537.140 (1)
and is complete and not defective, the department shall indorse on the application the date upon
which the application was received at the department, which shall be the priority date for any water
right issued in response to the application. All applications that comply with the provisions of law
shall be recorded in a suitable book kept for that purpose.
(3) If an application is complete and not defective, the department shall determine whether the
proposed use is prohibited by ORS chapter 538. If the proposed use is prohibited by ORS chapter
538, the department shall reject the application and return all fees to the applicant with an expla-
nation of the statutory prohibition.
(4) If the proposed use is not prohibited by ORS chapter 538, the department shall undertake
an initial review of the application and make a preliminary determination of:
(a) Whether the proposed use is restricted or limited by statute or rule;
(b) The extent to which water is available from the proposed source during the times and in the
amounts requested; and
(c) Any other issue the department identifies as a result of the initial review that may preclude
approval of or restrict the proposed use.
(5) Upon completion of the initial review and no later than 30 days after determining an appli-
cation to be complete and not defective as described in subsection (1) of this section, the department
shall notify the applicant of its preliminary determinations and allow the applicant 14 days from the
date of mailing within which to notify the department to stop processing the application or to pro-
ceed with the application. If the applicant notifies the department to stop processing the application,
the department shall return the application and all fees paid in excess of [ $310] $465. If the depart-
ment receives no timely response from the applicant, the department shall proceed with the appli-
cation.
(6) Within seven days after proceeding with the application under subsection (5) of this section,
the department shall give public notice of the application in the weekly notice published by the
department. The notice shall include a request for comments on the application and information
pertaining to how an interested person may obtain future notices about the application and a copy
of the proposed final order.
(7) Within 30 days after the public notice under subsection (6) of this section, any person in-
terested in the application shall submit written comments to the department. Any person who asks
Enrolled House Bill 2803 (HB 2803-B) Page 4
to receive a copy of the department’s proposed final order shall submit to the department the fee
required under ORS 536.050 (1).
SECTION 2a. If House Bill 3342 becomes law, section 2 of this 2025 Act (amending ORS
537.150) is repealed.
SECTION 3. ORS 537.610 is amended to read:
537.610. (1) The Water Resources Commission shall accept all registration statements referred
to in ORS 537.605 completed and returned to the commission in proper form, endorse on the regis-
tration statement the date of the return and record each statement. Upon recording the statement,
the commission shall issue to the registrant a certificate as evidence that the registration is com-
pleted.
(2) The issuance of the certificate of registration serves as prima facie evidence that the regis-
trant is entitled to a right to appropriate ground water and apply it to beneficial use to the extent
and in the manner disclosed in the recorded registration statement and in the certificate of regis-
tration.
(3) A certificate of registration issued under this section may not be construed as a final de-
termination of any matter stated in the certificate of registration. The right of the registrant to
appropriate ground water under a certificate of registration is subject to determination under ORS
537.670 to 537.695, and is not final or conclusive until so determined and a ground water right cer-
tificate issued. A right to appropriate ground water under a certificate of registration has a tenta-
tive priority from the date when the construction of the well was begun.
(4) The commission shall adopt by rule the process and standards by which the commission will
recognize changes in the place of use, type of use or point of appropriation for claims to appropriate
ground water registered under this section. The commission shall adopt fees not to exceed [ $1,820]
$2,730 for actions taken to modify a certificate of registration.
SECTION 4. ORS 537.620 is amended to read:
537.620. (1) The Water Resources Department shall accept all applications for permits submitted
under ORS 537.615 in proper form.
(2) Within 15 days after receiving the application, the department shall determine whether the
application contains the information listed under ORS 537.615 (2) and is complete and not defective,
including the payment of all fees required under ORS 537.615 (5). If the department determines that
the application is incomplete or defective or that not all fees have been paid, the department shall
return the fees paid and the application to the applicant to remedy the defect. If an application is
complete and not defective, the department shall indorse on the application the date upon which the
application was received at the department, which shall be the priority date for any water right is-
sued in response to the application.
(3) Upon determining that an application is complete and not defective, the department shall
determine whether the proposed use is prohibited by statute. If the proposed use is prohibited by
statute, the department shall reject the application and return all fees to the applicant with an ex-
planation of the statutory prohibition.
(4) If the proposed use is not prohibited by statute, the department shall undertake an initial
review of the application and make a preliminary determination of:
(a) Whether the proposed use is restricted or limited by statute or rule or because the proposed
use is located within a designated critical ground water area;
(b) The extent to which water is available from the proposed source during the times and in the
amounts requested; and
(c) Any other issue the department identifies as a result of the initial review that may preclude
approval of or restrict the proposed use.
(5) Upon completion of the initial review and no later than 30 days after determining an appli-
cation to be complete and not defective as described in subsection (2) of this section, the department
shall notify the applicant of its preliminary determinations and allow the applicant 14 days from the
date of mailing within which to notify the department to stop processing the application or to pro-
ceed with the application. If the applicant notifies the department to stop processing the application,
Enrolled House Bill 2803 (HB 2803-B) Page 5
the department shall return the application and all fees paid in excess of [ $310] $465. If the depart-
ment receives no timely response from the applicant, the department shall proceed with the appli-
cation.
(6) Within seven days after proceeding with the application under subsection (5) of this section,
the department shall give public notice of the application in the weekly notice published by the
department. The notice shall include a request for comments on the application and information
pertaining to how an interested person may obtain future notices about the application and a copy
of the proposed final order.
(7) Within 30 days after the public notice under subsection (6) of this section, any person in-
terested in the application shall submit written comments to the department. Any person who asks
to receive a copy of the department’s proposed final order shall submit to the department the fee
required under ORS 536.050 (1)(p).
SECTION 4a. If House Bill 3342 becomes law, section 4 of this 2025 Act (amending ORS
537.620) is repealed.
SECTION 5. ORS 539.081 is amended to read:
539.081. (1) At the time the owner or registrant submits a registration statement under ORS
539.240 or, if a registration statement is not filed, when a statement and proof of claim is filed
pursuant to notice by the Water Resources Director under ORS 539.030, the owner or registrant
shall pay a fee as follows:
(a) If for irrigation use, [ $2.70] $4.10 for each acre of irrigated lands up to 100 acres and
[$1.40] $2.10 for each acre in excess of 100 acres. The minimum fee for any owner or registrant for
irrigation use shall be [ $140] $210.
(b) If for power use, [ $2.70] $4.10 for each theoretical horsepower up to 100 horsepower, [ $1.10]
$1.70 for each horsepower in excess of 100 up to 500 horsepower, [ 70 cents ] $1.10 for each horse-
power in excess of 500 horsepower up to 1,000 horsepower and [ 50] 80 cents for each horsepower
in excess of 1,000 horsepower, as set forth in the proof. The minimum fee for any owner or registrant
for power use shall be [$410] $615.
(c) If for mining or any other use, [ $680] $1,020 for the first second-foot or fraction of the first
second-foot and [ $140] $210 for each additional second-foot.
(2) The fees under subsection (1) of this section shall not apply to any federally recognized In-
dian tribe, or to the United States acting as trustee for such a tribe, claiming, under ORS 539.010,
an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted
in-stream use to satisfy tribal hunting, fishing or gathering rights.
(3) If the registration statement shows that the water right was initiated by making application
for a permit under the provisions of ORS chapter 537, the owner or registrant shall be given credit
for the money paid as examination and recording fees. A credit under this subsection shall be al-
lowed only if the application under ORS chapter 537 was for a permit to appropriate water to be
applied to the same parcel of land or for the same use as set forth in the registration statement.
(4) All fees paid under this section shall be deposited into the General Fund of the State
Treasury and credited to an account of the Water Resources Department. The fees shall be used to
pay for the expenses of the department to:
(a) Register claims to undetermined vested rights or federal reserved rights under ORS 539.230
and 539.240; and
(b) Determine claims filed or registered under ORS 539.230 and 539.240.
(5) No registration statement or statement and proof of claim shall be accepted for filing unless
the registration statement or claim is accompanied by the fee in the amount set forth in this section.
If the federal government is determined to be immune from the payment of such fees, the director
may elect to accept a federal claim for filing without the accompanying fees.
SECTION 6.
If this 2025 Act becomes law after July 1, 2025, the Legislative Assembly
intends that this 2025 Act shall apply retroactively to July 1, 2025. Fees charged by the Water
Resources Commission or the Water Resources Department consistent with the amendments
to ORS 536.050, 537.150, 537.610, 537.620 and 539.081 by sections 1 to 5 of this 2025 Act, for
Enrolled House Bill 2803 (HB 2803-B) Page 6
services provided on or after July 1, 2025, and prior to the effective date of this 2025 Act are
ratified and declared valid.
SECTION 6a. If House Bill 3342 becomes law, section 6 of this 2025 Act is amended to read:
Sec. 6. If this 2025 Act becomes law after July 1, 2025, the Legislative Assembly intends that
this 2025 Act shall apply retroactively to July 1, 2025. Fees charged by the Water Resources Com-
mission or the Water Resources Department consistent with the amendments to ORS 536.050,
[537.150,] 537.610[, 537.620] and 539.081 by sections 1 [ to 5 ], 3 and 5 of this 2025 Act, for services
provided on or after July 1, 2025, and prior to the effective date of this 2025 Act are ratified and
declared valid.
SECTION 7. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
Passed by House June 23, 2025
Repassed by House June 27, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate June 25, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 2803 (HB 2803-B) Page 7