ORS 537.990: Criminal penalties.

(1) Violation of ORS 537.130 (2) is a Class B misdemeanor. (2) Any person who willfully diverts or uses water to the detriment of others without compliance with law shall be punished as provided in subsection (1) of this section. The possession or use of water, except when a right of use is acquired in accordance with law, shall be prima facie evidence of the guilt of the person using it. (3) Violation of ORS 537.535 (1) or 537.747 is a Class B misdemeanor. (4) Violation of ORS 537.387 or 537.898 (2) is a Class A misdemeanor. (5)(a) Violation of ORS 537.898 (1) with criminal negligence, as defined in ORS 161.085, is a Class A misdemeanor. (b) Notwithstanding ORS 161.635, the maximum fine for a violation described in this subsection is $25,000 if the person: (A) Owns a water hauling business; or (B) Owns, operates or is responsible for the grow site to which the water was hauled or arranged to be hauled. (6)(a) Notwithstanding subsections (1) to (3) of this section, violation of ORS 537.130 (2) or 537.535 that concerns the use of water at a grow site for a crop of plants in the plant Cannabis family Cannabaceae is a Class A misdemeanor if: (A) The grow site is not registered or licensed under ORS 475C.065, 475C.792 or 571.281; and (B) The crop of plants is in an amount that is not allowed under state law. (b) Notwithstanding ORS 161.635, the maximum fine for a violation described in this subsection is $25,000. [Subsection (3) enacted as 1955 c.708 §36; 1963 c.293 §3; 1981 c.416 §8; 2011 c.597 §225; 2022 c.52 §6; 2023 c.209 §12]