(2) In performing the actions under subsection (1) of this section, the department may:

(a) Provide recommendations and technical assistance;

(b) Advise on necessary maintenance and repairs;

(c) Assist with the development of emergency action plans to ensure the safety of life, property or public infrastructure;

(d) Undertake activities necessary to identify the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure;

(e) Assist with mapping the locations of hydraulic structures;

(f) Enter into contracts, memorandums of understanding and intergovernmental agreements;

(g) Accept and receive moneys from any public or private source;

(h) Accept and receive payment for services performed; and

(i) Exchange information and perform other actions as necessary to cooperate with private, local, state and federal entities.

(3) The department’s actions under this section shall not relieve the owners of levees, dikes, ditches or other hydraulic structures of their legal liabilities and responsibilities.

(4) If the department is aware of conditions that indicate the need for immediate action to prevent the failure of a hydraulic structure, the department may:

(a) Advise the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure regarding the actions necessary to prevent the failure; and

(b) If the conditions create a risk to life, property or public infrastructure, notify emergency managers.

(5) The Water Resources Commission may adopt rules for the administration of this section. [2015 c.667 §5; 2019 c.390 §20]

Note: The amendments to 540.355 by section 20, chapter 390, Oregon Laws 2019, become operative July 1, 2020. See section 28, chapter 390, Oregon Laws 2019. The text that is operative until July 1, 2020, is set forth for the user’s convenience. (1) In lieu of the authority granted to the Water Resources Commission under ORS 540.350 (5), the Water Resources Department may inspect, evaluate and assess the condition of a levee with the permission of the owner of the levee.

(2) In performing the actions under subsection (1) of this section, the department may:

(a) Provide recommendations and technical assistance;

(b) Advise on necessary maintenance and repairs;

(c) Require or assist with the development of emergency action plans to ensure the safety of life and property;

(d) Undertake activities necessary to identify the owner of a levee;

(e) Assist with mapping the locations of levees;

(f) Enter into contracts and intergovernmental agreements;

(g) Accept and receive moneys;

(h) Accept and receive payment for services performed; and

(i) Exchange information and perform other actions as necessary to cooperate with private, local, state and federal entities.

(3) The department’s actions under this section shall not relieve the owners of levees of their legal liabilities and responsibilities.

Note: 540.355 was added to and made a part of ORS chapter 540 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.