Relating to fees concerning water; and declaring an emergency.
HB 2803 increases a broad set of fees charged by the Oregon Water Resources Department and Water Resources Commission for water-right and water-use related services. The bill raises application, recording, protest, contested-case, certification, and related administrative fees across many categories, including permits to appropriate or store water, transfers and temporary changes, groundwater registrations, in-stream leases, conserved water allocations, water management and conservation plans, and claims of beneficial use. It also increases annual dam safety fees based on hazard rating and raises the late fee for unpaid dam charges.
In addition to the fee increases, the bill authorizes the department and commission to refund or waive certain fees in specified circumstances, including when fairness or agency error warrants a refund, when a protest is sustained in whole or part, when a change or conserved-water allocation supports certain projects or fish and wildlife habitat benefits, and when digital submissions are used. The bill directs most receipts into the Water Resources Department Water Right Operating Fund, with hydroelectric-related fees deposited into the Hydroelectric Fund. It also includes retroactive ratification of fees charged on or after July 1, 2025, before the bill’s effective date, and declares an emergency so the act takes effect upon passage.
HB 2803 amends ORS 536.050, 537.150, 537.610, 537.620, and 539.081 to update the statutory fee schedule governing Oregon water-right administration and dam oversight. The practical effect is to increase the cost of filing, processing, protesting, recording, and modifying water-related applications and claims, while also increasing annual dam safety assessments. The bill also preserves agency authority to reduce or waive some fees and to accept reduced fees for digital submissions, which may affect applicants, water users, dam owners, irrigation interests, municipal suppliers, and parties involved in water-right disputes or groundwater registrations.
The bill appears to have received generally favorable support from legislative majorities, passing both chambers after committee approval and concurrence votes. However, the recorded votes show meaningful opposition at several stages, especially in the House and Senate floor votes, suggesting some concern about the size and breadth of the fee increases. The emergency clause and retroactive validation language indicate an intent to avoid gaps in fee collection and administrative funding, which likely contributed to support from proponents.
The main point of contention is the scale of the fee increases and who bears them: water-right applicants, irrigators, municipal suppliers, dam owners, protestants, and others using Water Resources Department services. Opponents likely objected to higher costs for permits, transfers, groundwater actions, and dam fees, while supporters likely emphasized the need to fund agency operations and maintain water administration and dam safety programs. Another notable issue is the bill’s retroactive ratification of fees charged after July 1, 2025, before enactment, which can be controversial because it validates charges already collected. The bill also contains conflict-repealer language tied to House Bill 3342, indicating some legislative coordination or uncertainty around overlapping water-law changes.