Oregon Statutes 537.990 – Criminal penalties
(1) Violation of ORS § 537.130 (2) is a Class B misdemeanor.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
| Class B misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Oregon Statutes 537.990
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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]