ORS 537.798: Water right examiner certificate; regulation of profession; rules; fees.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The State Board of Examiners for Engineering and Land Surveying may issue a water right examiner certificate to an applicant described in ORS 537.797. The board shall require an applicant for the certificate to pass an examination establishing the qualification of the applicant to be a water right examiner. The Water Resources Department shall prepare, administer and score the examination. (2) The board shall establish fees for the examination, certification and renewal of certification of water right examiners. The fees shall be based upon the expenses of the board and the department in conducting the certification program. The board shall reimburse the department for department expenses related to the preparation, administration and scoring of the examination. (3) The board may adopt rules to regulate persons certified as water right examiners. The rules may include, but need not be limited to, rules establishing standards of professional conduct and rules establishing professional development or continuing education requirements. (4) Upon receipt of a complaint, or upon its own initiative, the board may investigate any alleged or suspected violation by a water right examiner of ORS 672.002 to 672.325, the criteria established under ORS 537.797, Water Resources Commission rules or a board rule adopted under this section or ORS 672.255. If the board finds that a violation has occurred, in addition to any other disciplinary or regulatory authority of the board, the board may suspend, revoke or modify a certificate issued under this section. Board action to suspend, revoke or modify the certificate is subject to the provisions of ORS chapter 183 relating to contested cases. [1987 c.542 §2; 1995 c.7 §2; 2009 c.259 §30; 2011 c.167 §1; 2023 c.532 §2; 2023 c.606 §18] 537.798. (1) The State Board of Examiners for Engineering and Land Surveying may issue a water right examiner certificate to a registered professional land surveyor, registered professional engineer or registered geologist who meets the criteria established by the Water Resources Commission under ORS 537.797. The board shall require an applicant for the certificate to pass an examination establishing the qualification of the applicant to be a water right examiner. The Water Resources Department shall prepare, administer and score the examination. (2) The board shall establish fees for the examination, certification and renewal of certification of water right examiners. The fees shall be based upon the expenses of the board and the department in conducting the certification program. The board shall reimburse the department for department expenses related to the preparation, administration and scoring of the examination. (3) The board may adopt rules to regulate persons certified as water right examiners. The rules may include, but need not be limited to, rules establishing standards of professional conduct and rules establishing professional development or continuing education requirements. (4) Upon receipt of a complaint, or upon its own initiative, the board may investigate any alleged or suspected violation by a water right examiner of ORS 672.002 to 672.325, the criteria established under ORS 537.797, commission rules or a board rule adopted under this section or ORS 672.255. If the board finds that a violation has occurred, in addition to any other disciplinary or regulatory authority of the board, the board may suspend, revoke or modify a certificate issued under this section. Board action to suspend, revoke or modify the certificate is subject to the provisions of ORS chapter 183 relating to contested cases.
Official history and status
History: Note: The amendments to 537.798 by section 4, chapter 532, Oregon Laws 2023, and section 20, chapter 606, Oregon Laws 2023, become operative July 1, 2027. See section 5, chapter 532, Oregon Laws 2023, and section 21, chapter 606, Oregon Laws 2023. The text that is operative on and after July 1, 2027, is set forth for the user’s convenience. Note: See second note under 537.797.
Administrative rules citing this section
- OAR 690-013-0005: Introduction — implements
- OAR 690-013-0010: Definitions — implements
- OAR 690-013-0030: Eligibility to Petition — implements
- OAR 690-013-0050: Individual Applications — implements
- OAR 690-013-0070: Interim Transfers — implements
- OAR 690-013-0100: District Petitions — implements
- OAR 690-013-0110: Requests for Additional Information — implements
- OAR 690-013-0150: District Shall Certify Petition — implements
- OAR 690-013-0310: Processing of Petition — implements
- OAR 690-013-0350: Field Verification of the Petition and Map — implements
- OAR 690-014-0005: Introduction — implements
- OAR 690-014-0020: Definitions — implements
- OAR 690-014-0030: Certified Water Right Examiner Required for Claim of Beneficial Use — authority
- OAR 690-014-0050: Certification of Water Right Examiners — implements
- OAR 690-014-0080: Revocation of Certified Water Right Examiner's Certificate — implements
- OAR 690-014-0090: Maps for Transfer Applications — implements
- OAR 690-014-0100: Minimum Requirements for Claims of Beneficial Use for Permits and Transfer Final Orders — implements
- OAR 690-014-0110: Claim of Beneficial Use: General Standards — implements
- OAR 690-014-0170: Minimum Requirements for Maps for Permit or Transfer Final Order Claims of Beneficial Use — implements
- OAR 690-014-0190: Time Limit for Filing Claim of Beneficial Use — implements
- OAR 690-014-0220: Time Limit to Cure Defects in a Claim of Beneficial Use — implements
- OAR 690-240-0560: Investigation of Alleged Violations — implements
- OAR 690-240-0560: Investigation of Alleged Violations — authority
This rule cites
- ORS 537.797 — resolved
- ORS 672.002 — resolved
- 672.325 — resolved
- ORS 672.255 — resolved
- ORS chapter 183 — target_record_not_published
Cited by
- ORS 537.040: Registration of water for road construction, maintenance or reconstruction; fee; annual renewal statement; limitations; rules.
- ORS 537.230: Time allowed for construction of irrigation or other work; extension; survey; map; requirements for supplemental water right.
- ORS 537.400: Reservoir permits.
- ORS 537.409: Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules.
- ORS 537.630: Time allowed for construction work under permit; extension; certificate of completion; survey; ground water right certificate; requirements for supplemental water right.
- ORS 537.797: Criteria for certification to determine work completion; rules.
- ORS 537.799: Survey for issuance of water right certificate.
- ORS 539.240: Claim to undetermined right to appropriate surface water; registration statement; contents; effect of failure to file; recognizing changes to right; rules.
- OAR 690-014-0050: Certification of Water Right Examiners
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors537.html