(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.

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(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]

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.

(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.

See second note under 537.797.