Article XI-D of the Oregon State Constitution

This post discusses Article XI-D of the Oregon State Constitution.  Article XI-D is entitled "State Power Development".  This is a dam clause as it relates to water power and electrical generation via hydroelectric generation.

Section 1

This section states that the interest and/or ownership of the water and water power will be held by the state in perpetuity and hence cannot be sold to private interests.

Section 2

Note that the conventional numbering of subsections was ignored by the writers of this amendment.  This section defines the authority of the State with regards to the development of dams on rivers for water power or electrical generation.  In the case where the river is on the border or relating to federally owned lands, the State can negotiate and cooperate with the federal or other state governments.  Similarly, the State can work with local governments.  One of the key items in this section is that it allows the State to take on debt for development and construction of dams and electrical power systems.

Section 3

This section defines that a board of 3 members shall be empowered to administer the laws regarding water power.  The intent is that these board members are elected but non-partisan.  Unfortunately, I have not been able to determine if such a board or commission was ever created.  Also, it is not clear whether the previous sections on Public Utility Districts and other similar corporations have superseded this Article's intent.

Section 4

This section is included to grandfather in irrigation and industrial uses of water and to clarify that the intent is not to stop other beneficial uses of water, but to allow for where practical, generation of water power.