ORS 536.310: Purposes and policies to be considered in formulating state water resources program.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
In formulating the water resources program under ORS 536.300 (2), the Water Resources Commission shall take into consideration the purposes and declarations enumerated in ORS 536.220 and also the following additional declarations of policy: (1) Existing rights, established duties of water, and relative priorities concerning the use of the waters of this state and the laws governing the same are to be protected and preserved subject to the principle that all of the waters within this state belong to the public for use by the people for beneficial purposes without waste; (2) It is in the public interest that integration and coordination of uses of water and augmentation of existing supplies for all beneficial purposes be achieved for the maximum economic development thereof for the benefit of the state as a whole; (3) That adequate and safe supplies be preserved and protected for human consumption, while conserving maximum supplies for other beneficial uses; (4) Multiple-purpose impoundment structures are to be preferred over single-purpose structures; upstream impoundments are to be preferred over downstream impoundments. The fishery resource of this state is an important economic and recreational asset. In the planning and construction of impoundment structures and milldams and other artificial obstructions, due regard shall be given to means and methods for its protection; (5) Competitive exploitation of water resources of this state for single-purpose uses is to be discouraged when other feasible uses are in the general public interest; (6) In considering the benefits to be derived from drainage, consideration shall also be given to possible harmful effects upon ground water supplies and protection of wildlife; (7) The maintenance of minimum perennial streamflows sufficient to support aquatic life, to minimize pollution and to maintain recreation values shall be fostered and encouraged if existing rights and priorities under existing laws will permit; (8) Watershed development policies shall be favored, whenever possible, for the preservation of balanced multiple uses, and project construction and planning with those ends in view shall be encouraged; (9) Due regard shall be given in the planning and development of water recreation facilities to safeguard against pollution; (10) It is of paramount importance in all cooperative programs that the principle of the sovereignty of this state over all the waters within the state be protected and preserved, and such cooperation by the commission shall be designed so as to reinforce and strengthen state control; (11) Local development of watershed conservation, when consistent with sound engineering and economic principles, is to be promoted and encouraged; (12) When proposed uses of water are in mutually exclusive conflict or when available supplies of water are insufficient for all who desire to use them, preference shall be given to human consumption purposes over all other uses and for livestock consumption, over any other use, and thereafter other beneficial purposes in such order as may be in the public interest consistent with the principles of chapter 707, Oregon Laws 1955, under the existing circumstances; and (13) Notwithstanding any other provision of this section, when available supplies of water are insufficient in the South Umpqua River to provide for both the needs of human consumption pursuant to a municipal water right and the maintenance of previously established minimum streamflows, preference shall be given to the municipal needs if the municipality adopts and enforces an ordinance restricting use of the water so obtained to direct human consumption uses. [1955 c.707 §10(3); 1979 c.170 §1; 1987 c.546 §1]
Official history and status
History: Note: The Legislative Counsel has not, pursuant to 173.160, undertaken to substitute specific ORS references for the words “chapter 707, Oregon Laws 1955,” in 536.310 and 536.330. Chapter 707, Oregon Laws 1955, enacted into law and amended the ORS sections which may be found by referring to the 1955 Comparative Section Table located in Volume 22 of Oregon Revised Statutes.
Administrative rules citing this section
- OAR 690-008-0001: Definition and Policy Statements — authority
- OAR 690-077-0000: Purpose — authority
- OAR 690-077-0010: Definitions — authority
- OAR 690-077-0015: General Statements — implements
- OAR 690-077-0015: General Statements — authority
- OAR 690-077-0020: State Agency Instream Water Right Applications: Application Requirements — authority
- OAR 690-077-0054: Conversion of Minimum Perennial Streamflows to Instream Water Rights — authority
- OAR 690-077-0075: Processing an Instream Transfer Application — implements
- OAR 690-077-0075: Processing an Instream Transfer Application — authority
- OAR 690-077-0079: Split Season Use Instream Leasing — authority
- OAR 690-310-0090: Public Notice and Comments — implements
- OAR 690-310-0110: Public Interest Presumption; Surface Water — implements
- OAR 690-310-0130: Public Interest Presumption; Groundwater — implements
- OAR 690-500-0020: Definitions — authority
- OAR 690-504-0100: Application Process to Store Reserved Water — implements
- OAR 690-508-0100: Application Process to Store Reserved Water — implements
- OAR 690-509-0100: Reservation Applications and Process — implements
- OAR 690-509-0140: Pine Creek Subbasin Reservation — implements
- OAR 690-509-0150: Eagle Creek Subbasin Reservation — implements
- OAR 690-509-0160: Powder River Subbasin Reservation — implements
- OAR 690-510-0100: Application Process to Store Reserved Water — implements
- OAR 690-511-0100: Application Process to Store Reserved Water — implements
- OAR 690-512-0100: Home Creek Reservations — implements
- OAR 690-517-0000: Classifications — implements
This rule cites
- ORS 536.300 — resolved
- ORS 536.220 — resolved
Cited by
- ORS 390.835: Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining.
- ORS 536.320: Limitation of powers of commission.
- ORS 536.340: Classification of water as to highest and best use and quantity of use; enforcement of laws concerning loss of water rights; prescribing preferences for future uses.
- ORS 537.153: Review of application; proposed final order; presumption that use will not impair or be detrimental to public interest; standing; protest; final order; contested case hearing.
- ORS 537.621: Review of application; proposed final order; presumption; rebuttal; findings and conclusions; flow rate and duty; standing; protest; final order; contested case hearing.
- OAR 690-008-0001: Definition and Policy Statements
- OAR 690-076-0015: Effect of Minimum Perennial Streamflows
- OAR 690-077-0010: Definitions
- OAR 690-079-0160: Extension of Reservations
- OAR 690-310-0110: Public Interest Presumption; Surface Water
- OAR 690-310-0130: Public Interest Presumption; Groundwater
- OAR 690-310-0260: Water Rights Within or Above State Scenic Waterways
- OAR 690-400-0000: Purpose and Authorization
- OAR 690-501-0005: Classifications
- OAR 690-504-0000: Classifications
- OAR 690-505-0000: Upper Deschutes Basin
- OAR 690-505-0010: Middle Deschutes River Basin
- OAR 690-505-0020: Lower Deschutes River Basin
- OAR 690-505-0030: Upper Crooked River Basin
- OAR 690-505-0040: Lower Crooked River Basin
- OAR 690-505-0050: Lower Main Stem Deschutes River
- OAR 690-508-0010: Upper Grande Ronde Subbasin
- OAR 690-508-0020: Middle Grande Ronde Subbasin
- OAR 690-508-0030: Lower Grande Ronde Subbasin
- OAR 690-508-0040: Wallowa River Subbasin
- OAR 690-508-0050: Imnaha River Subbasin
- OAR 690-509-0000: Classifications
- OAR 690-510-0010: Classifications
- OAR 690-515-0000: Upper Rogue Basin
- OAR 690-515-0010: Little Butte Creek Basin
- OAR 690-515-0020: Bear Creek Basin
- OAR 690-515-0030: Applegate River Basin
- OAR 690-515-0040: Middle Rogue Basin
- OAR 690-515-0050: Illinois Basin
- OAR 690-515-0060: Lower Rogue Basin
- OAR 690-516-0005: Classifications
- OAR 690-517-0000: Classifications
- OAR 690-518-0010: Classifications
- OAR 690-519-0000: Classifications
- OAR 690-520-0000: Classifications
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors536.html