Oregon Statutes - Chapter 537 - Appropriation of Water Generally

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537.010 Definition of “Water Rights Act.”
As used in this chapter, “Water Rights Act” means and embraces ORS 536.050, 537.120, 537.130, 537.140 to 537.252, 537.390 to 537.400, 538.420, 540.010 to 540.120,...
537.015 [1993 c.654 §2; repealed by 2005 c.14 §4]
537.017 [1993 c.654 §3; repealed by 2005 c.14 §4]
537.020 [1993 c.654 §4; 1995 c.416 §43; 1999 c.664 §4; 2003 c.594 §8; repealed by 2005 c.14 §4]
537.022 [1993 c.654 §5; repealed by 2005 c.14 §4]
537.025 [1993 c.654 §6; repealed by 2005 c.14 §4]
537.027 [1993 c.654 §7; repealed by 2005 c.14 §4]
537.030 [1993 c.654 §8; repealed by 2005 c.14 §4]
537.032 [1993 c.654 §9; repealed by 2005 c.14 §4]
537.040 Registration of water for road construction, maintenance or reconstruction; fee; annual renewal statement; limitations; rules.
(1) In lieu of applying for a permit for a water right under ORS 537.130, a public agency having jurisdiction over roads or highways may...
537.090 Laws applicable to geothermal wells.
(1) The provisions of this chapter relating to appropriation and water rights do not apply to the production of fluid from a well with a...
537.095 Interference between geothermal well and other water appropriation.
If interference between an existing geothermal well permitted under ORS chapter 522 and an existing water appropriation permitted under this chapter is found by either...
537.097 Verification of land ownership; time limits; exception.
(1) As the Water Resources Commission updates its water right and permit records with current land ownership information from county records or other sources, the...
537.099 Water use report from governmental entity.
(1) Except as provided in subsection (3) of this section, any governmental entity that holds a water right shall submit an annual water use report...
537.110 Public ownership of waters.
All water within the state from all sources of water supply belongs to the public.
537.120 Right of appropriation; vested rights protected.
Subject to existing rights, and except as otherwise provided in ORS chapter 538, all waters within the state may be appropriated for beneficial use, as...
537.130 Permit to appropriate water required; notification to owner of certain land.
(1) Except for a use exempted under ORS 537.040, 537.141, 537.142, 537.143 or 537.800 or under the registration system set forth in ORS 537.132, any...
537.131 Reclaimed water.
As used in ORS 537.132, 540.510 and 540.610, “reclaimed water” means water that has been used for municipal purposes and after such use has been...
537.132 Exemption from permit requirement for use of reclaimed water; rules.
(1) The provisions of ORS 537.130 requiring application for a permit to appropriate water shall not apply to the use of reclaimed water, if: (a)...
537.133 Permittee’s right to enter on forestland; notice.
(1) A permittee may not enter upon forestland adjacent to the point of diversion designated in the permit until such person provides notice to the...
537.135 Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception.
(1) The appropriation of water for the purpose of recharging ground water basins or reservoirs is declared to be for a beneficial purpose. Permits for...
537.139 Failure to obtain authorization for access to certain land.
(1) The failure of an applicant to obtain written authorization, obtain an easement or acquire ownership of land if required as a condition to issuance...
537.140 Application for permit; contents; maps and drawings.
(1)(a) Each application for a permit to appropriate water shall be made to the Water Resources Department on a form prescribed by the department and...
537.141 Uses of water not requiring water right application, permit or certificate; rules.
(1) The following water uses do not require an application under ORS 537.130 or 537.615, a water right permit under ORS 537.211 or a water...
537.142 Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program.
(1) No water right certificate or permit is required for the use of the surface waters of this state if the water is to be...
537.143 Limited license to use or store surface or ground water or to use stored water; rules.
(1) Notwithstanding the provisions of ORS 537.130, the Water Resources Commission may establish by rule a procedure to allow a person to obtain a limited...
537.144 Request for right to use water under limited license; fee.
(1) Any person requesting the right to use water under a limited license under ORS 537.143 shall notify the Water Resources Department on a form...
537.145 Notice of filing of application to appropriate water for hydroelectric purposes.
(1) Whenever an application is made for a permit to appropriate water for hydroelectric purposes, the Water Resources Department shall give written notice of the...
537.147 Permit to use stored water; fee.
(1) Notwithstanding the process for applying for a water right permit established in ORS 537.150 to 537.230, a person may, pursuant to this section, apply...
537.150 Filing of application; determination of completeness; initial review; preliminary determination; notice; public comments; fees.
(1) Within 15 days after receiving an application, the Water Resources Department shall determine whether the application contains the information listed under ORS 537.140 (1)...
537.153 Review of application; proposed final order; presumption that use will not impair or be detrimental to public interest; standing; protest; final order; contested case hearing.
(1) Within 60 days after the Water Resources Department proceeds with the application under ORS 537.150 (5), the department shall complete application review and issue...
537.160 Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water.
(1) Subject to the provisions of subsections (2) and (3) of this section, and of ORS 537.170 and 537.190, the Water Resources Department shall approve...
537.170 Contested case hearing on application; final order; appeal.
(1) Within 45 days after the Water Resources Director schedules a contested case hearing under ORS 537.153 (8), the Water Resources Department shall hold the...
537.173 Exceptions to final order; modified order.
(1) Within 20 days after the Water Resources Director issues a final order under ORS 537.170 after the conclusion of a contested case hearing, any...
537.175 Time limit for issuing final order or scheduling contested case hearing; applicant request for extension.
(1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing...
537.180 [Amended by 1971 c.734 §78; 1985 c.673 §31; repealed by 1995 c.416 §50]
537.185 [1971 c.734 §80; repealed by 1985 c.673 §185]
537.190 Terms and conditions of approval; municipal water supplies; release of stored water.
(1) The Water Resources Department may approve an application for less water than applied for, or upon terms, limitations and conditions necessary for the protection...
537.200 [Amended by 1955 c.707 §37; repealed by 1971 c.734 §21]
537.210 [Repealed by 1981 c.61 §1 (537.211 enacted in lieu of 537.210)]
537.211 Issuance of permit if application approved; contents of permit; effect; rejection of application; change in use allowed under permit.
(1) The approval of an application referred to in ORS 537.140 or 537.400 shall be set forth in a water right permit issued by the...
537.220 Assignment of application, permit or license.
(1) Any application, permit or license to appropriate water may be assigned, subject to the conditions of the application or permit, but no such assignment...
537.230 Time allowed for construction of irrigation or other work; extension; survey; map; requirements for supplemental water right.
(1) Except for a holder of a permit for municipal use, the holder of a water right permit shall prosecute the construction of any proposed...
537.240 Federal permit; time for obtaining; cancellation; time for beginning and completing work.
(1) In any case where a permit from the Federal Energy Regulatory Commission is or shall be required in connection with the development of the...
537.248 Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension.
(1) When the Water Resources Department issues a reservoir permit for a new storage project to a county, municipality or district, the department shall include...
537.249 Election to have proposed reservation considered as application for permit or rulemaking proceeding.
(1) In lieu of the procedure established pursuant to ORS 537.358, for any reservation pending on July 5, 1995, the state agency that requested the...
537.250 Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights.
(1) After the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS 537.230...
537.252 Certificate issued for land not described in permit; notice.
(1) When issuing a water right certificate under ORS 537.250 to a district, or to a government agency for a district, the Water Resources Department...
537.260 Cancellation of permit for failure of proof of completion of appropriation; issuance of limited certificate; contest of issuance of certificate; exception for municipalities.
(1) Except as provided under subsection (4) of this section for a permit issued to a municipality, whenever the time within which any appropriation under...
537.270 Conclusiveness of certificate.
A water right certificate issued in accordance with the provisions of ORS 537.250 which, after the expiration of three months from the date it is...
537.280 [Renumbered 537.335]
537.282 Definition of “municipal applicant.”
As used in ORS 537.282 to 537.299, “municipal applicant” means any municipal corporation or district as defined in ORS 543.655 that has applied for a...
537.283 Procedure for applications to appropriate water for hydroelectric power; rules.
(1) Notwithstanding any other provision of ORS 537.140 to 537.350, in accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission shall...
537.285 Municipal applicant may develop hydroelectric project jointly with private person; restrictions.
A municipal applicant may contract with a private person for the purpose of generating hydroelectric power. The municipal applicant shall retain sufficient benefit and interest...
537.287 Rules for joint project of municipal applicant and private person.
The Water Resources Commission shall establish rules necessary to carry out the provisions of ORS 537.285. The rules shall include the amount of control over...
537.289 Conditions to be imposed on permit of municipal corporation or district.
(1) Whenever the Water Resources Department issues a permit under ORS 537.211 allowing a municipal corporation or district, as defined in ORS 543.655, to appropriate...
537.290 [Renumbered 537.340]
537.292 Conditions to be imposed on certificate of municipal corporation or district.
(1) Whenever the Water Resources Commission issues a certificate under ORS 537.250 granting a municipal corporation or district as defined in ORS 543.655 the right...
537.295 Cancellation of permit when holder fails to continue to qualify as municipal applicant.
(1) If the holder of a permit to appropriate water for hydroelectric purposes under this chapter fails, after receiving notice under ORS 537.289 (2), to...
537.297 Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant.
(1) If the owner of a certificate to appropriate water for hydroelectric purposes under this chapter fails, after receiving notice under ORS 537.289 (2), to...
537.299 Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare.
(1) If the Water Resources Commission cancels a permit or certificate under ORS 537.295 or 537.297, the municipal applicant may apply for a permit to...
537.300 [Subsection (2) enacted as 1961 c.187 §2; 1985 c.673 §39; renumbered 537.345 and then 537.400 in 1987]
537.310 Acquisition of water rights for railway purposes; certificates.
(1) Any corporation organized for the construction, maintenance or operation of any railway may acquire, hold and appropriate to its use for railway purposes any...
537.320 Entry on land for survey purposes, preliminary to appropriation and diversion of waters.
Any person may enter upon any land for the purpose of locating a point of diversion of the water intended to be appropriated, and upon...
537.330 Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply.
(1) In any transaction for the conveyance of real estate that includes a water right, the seller of the real estate shall, upon accepting an...
537.332 Definitions for ORS 537.332 to 537.360.
As used in ORS 537.332 to 537.360: (1) “In-stream” means within the natural stream channel or lake bed or place where water naturally flows or...
537.334 Findings.
The people of the State of Oregon find and declare that: (1) Public uses are beneficial uses. (2) The recognition of an in-stream water right...
537.335 [Formerly 537.280; renumbered 537.390 in 1987]
537.336 State agencies authorized to request in-stream water rights; agreement required when supply is stored water.
(1) The State Department of Fish and Wildlife may request the Water Resources Commission to issue water right certificates for in-stream water rights on the...
537.338 Rules for state agency request for in-stream water right.
The Water Resources Commission by rule shall establish standards, criteria and procedures by which a state agency included under ORS 537.336 may request an in-stream...
537.340 [Formerly 537.290; renumbered 537.395 in 1987]
537.341 Certificate for in-stream water right.
Subject to the provisions of ORS 537.343, the Water Resources Commission shall issue a certificate for an in-stream water right. The in-stream water right shall...
537.343 Proposed final order; conditions.
(1) A proposed final order issued under ORS 537.170 (6) for an in-stream water right certificate may include any condition the Water Resources Director considers...
537.345 [Formerly 537.300; renumbered 537.400 in 1987]
537.346 Conversion of minimum perennial streamflows to in-stream water rights; special provisions for Willamette Basin.
(1) All minimum perennial streamflows established on any waters of this state before June 25, 1988, shall be converted to in-stream water rights after the...
537.348 Purchase, lease or gift of water right for conversion to in-stream water right; priority dates.
(1) Any person may purchase or lease all or a portion of an existing water right or accept a gift of all or a portion...
537.349 Processing request for in-stream water right.
Except as provided in ORS 537.343, the Water Resources Department shall process a request received under ORS 537.336 for a certificate for an in-stream water...
537.350 Legal status of in-stream water right.
(1) After the Water Resources Commission issues a certificate for an in-stream water right under ORS 537.341 to 537.348, the in-stream water right shall have...
537.352 Precedence of uses.
Notwithstanding any provision of ORS 537.332 to 537.343 and 537.350, the right to the use of the waters of this state for a project for...
537.354 In-stream water right subject to emergency water shortage provisions.
An in-stream water right established under the provisions of ORS 537.332 to 537.360 shall be subject to the provisions of ORS 536.700 to 536.780. [1987...
537.356 Request for reservation of unappropriated water for future economic development; priority date of reservation.
(1) Any local government, local watershed council or state agency or any other individual cooperating jointly with a local government, local watershed council or state...
537.358 Rules for reservation for future economic development; application for use of reserved water.
(1) In adopting a rule under ORS 537.356 to reserve unappropriated water for multipurpose storage for future economic development, the Water Resources Commission shall include...
537.360 Relationship between application for in-stream water right and application for certain hydroelectric permits.
If an application is pending under this chapter for a water right permit to use water for hydroelectric purposes or under ORS 543.010 to 543.610...
537.385 Extension of irrigation season; rules; limitations.
(1) Notwithstanding any condition or limitation of a water right permit issued under ORS 537.211 or 537.625 or a water right certificate issued under ORS...
537.390 Valuation of water rights.
In any valuation for rate-making purposes, or in any proceeding for the acquisition of rights to the use of water and the property used in...
537.395 Public recapture of water power rights and properties; no recapture of other rights.
(1) Any certificate issued for power purposes to a person other than the United States, or the State of Oregon or any municipality thereof, shall...
537.400 Reservoir permits.
(1) All applications for reservoir permits shall be subject to the provisions of ORS 537.130, 537.140, 537.142 and 537.145 to 537.240, except that an enumeration...
537.405 Exempt reservoirs; written notification to department; injury to other users.
(1) Reservoirs in existence on or before January 1, 1995, that store less than 9.2 acre-feet of water or with a dam or impoundment structure...
537.407 Water right certificate for reservoirs existing before January 1, 1993; injury to other users; conversion of prior application to notice of exemption.
(1) The Water Resources Department shall issue a water right certificate to any person who submitted an application for a reservoir under section 4, chapter...
537.409 Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules.
(1) In lieu of the process set forth in ORS 537.140 to 537.211 for applying for a water right permit, an owner of a reservoir...
537.410 Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit; irrigation districts, municipalities and public utilities excepted.
(1) Whenever the owner of a permit to appropriate the public waters of Oregon fails to commence actual construction work within the time required by...
537.420 Notice of hearing.
Whenever a permit holder fails to comply with the laws of the state and the requirements of the permit as to the commencement of work...
537.430 [Repealed by 1971 c.734 §21]
537.440 Cancellation of permit; priorities of other permits.
If the decision of the Water Resources Commission requires the cancellation of a permit, then the commission shall at once cancel, or have canceled, the...
537.445 Hearing upon proposal to cancel permit or appropriation; cancellation suspended pending review.
(1) If the Water Resources Commission proposes to cancel a permit or appropriation under ORS 537.410 to 537.450, opportunity for hearing shall be accorded as...
537.450 Rules for proof as to work and use of water under permits; noncompliance as evidence in cancellation proceedings.
The Water Resources Commission may by rule provide that the owners of permits shall submit or furnish proofs of commencement of work, prosecution of work...
537.455 Definitions for ORS 537.455 to 537.500 and 540.510.
As used in ORS 537.455 to 537.500 and 540.510: (1) “Conservation” means the reduction of the amount of water diverted to satisfy an existing beneficial...
537.460 Legislative findings; policy.
(1) The Legislative Assembly finds and declares that conservation and efficient utilization of water benefits all water users, provides water to satisfy current and future...
537.463 Applicability of ORS 537.455 to 537.500.
The provisions of ORS 537.455 to 537.500 establish a voluntary program and apply only to those persons who choose to apply for an allocation of...
537.465 Application for allocation of conserved water; submission; required contents.
(1) Any person or group of persons holding a water use subject to transfer as defined in ORS 540.505 may submit an application to the...
537.470 Allocation of conserved water by commission; criteria; percentage to state; certificates showing change in original water right.
(1) Upon receipt of an application for allocation of conserved water under ORS 537.465, the Water Resources Commission shall give notice of receipt of the...
537.475 [1987 c.264 §5; repealed by 1993 c.641 §13]
537.480 Rules; criteria for evaluating allocation and determining mitigation required.
The Water Resources Commission shall adopt rules and standards necessary to carry out the provisions of ORS 537.455 to 537.500. The rules may include formulas...
537.485 Priority of right to use conserved water; choice of priority.
(1) Notwithstanding any other provision of ORS chapter 536, 537, 538, 539, 540, 541, 542 or 543, the priority of any right to the use...
537.490 Use of conserved water; notice of dispensation of right to use.
(1) Any person or agency allocated conserved water under ORS 537.470 may reserve the water in stream for future out-of-stream use or otherwise use or...
537.495 Receipt by state agency or political subdivision of right to use conserved water.
Any agency or political subdivision of this state may purchase a right to the use of conserved water, as defined under ORS 537.455, or accept...
537.500 Legal status of conserved water right.
(1) A water right for conserved water under ORS 537.455 to 537.500 and 540.510 shall have the same legal status as any other water right...
537.505 Short title.
ORS 537.505 to 537.795 and 537.992 shall be known as the “Ground Water Act of 1955.” [1955 c.708 §1; 1963 c.293 §1]
537.510 [Repealed by 1955 c.708 §38]
537.515 Definitions for ORS 537.505 to 537.795 and 537.992.
As used in ORS 537.505 to 537.795 and 537.992, unless the context requires otherwise: (1) “Altering” a well means the deepening, recasing, perforating, reperforating, the...
537.520 [Repealed by 1955 c.708 §38]
537.525 Policy.
The Legislative Assembly recognizes, declares and finds that the right to reasonable control of all water within this state from all sources of water supply...
537.530 [Repealed by 1955 c.708 §38]
537.531 Legislative findings.
The Legislative Assembly declares that aquifer storage and recovery is a beneficial use inherent in all water rights for other beneficial uses. Aquifer storage and...
537.532 Injection of ground water into aquifers; standards.
(1) Notwithstanding any other provision of law, the injection into aquifers of water that complies with drinking water standards established by the Department of Human...
537.534 Rules for permitting and administering aquifer storage and recovery projects; limited license for test program; fees.
(1) In accordance with this section, the Water Resources Commission shall establish rules for the permitting and administration of aquifer storage and recovery projects. The...
537.535 Unlawful use or appropriation of ground water, including well construction and operation.
(1) No person or public agency shall use or attempt to use any ground water, construct or attempt to construct any well or other means...
537.540 [Repealed by 1955 c.708 §38]
537.545 Exempt uses.
(1) No registration, certificate of registration, application for a permit, permit, certificate of completion or ground water right certificate under ORS 537.505 to 537.795 and...
537.550 [Repealed by 1955 c.708 §38]
537.560 [Repealed by 1955 c.708 §38]
537.570 [Repealed by 1955 c.708 §38]
537.575 Permits granted, approved or pending under former law.
Any permit granted or application for a permit approved under ORS 537.510, 537.520, 537.530, 537.540, 537.550, 537.560, 537.570, 537.580, 537.590 and 537.600 prior to and...
537.580 [Repealed by 1955 c.708 §38]
537.585 Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered.
Except as otherwise provided in ORS 537.545 or 537.575 or 537.595 and subject to determination under ORS 537.670 to 537.695, actual and lawful application of...
537.590 [Repealed by 1955 c.708 §38]
537.595 Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered.
Except as otherwise provided in ORS 537.545 or 537.575 or 537.585 and subject to determination under ORS 537.670 to 537.695, when any person or public...
537.597 [1989 c.939 §4; repealed by 1991 c.200 §3]
537.599 [1989 c.939 §5; repealed by 1991 c.200 §3]
537.600 [Repealed by 1955 c.708 §38]
537.605 Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595; registration statement.
(1) Any person or public agency claiming any right to appropriate ground water under ORS 537.585 or 537.595, except for any purpose exempt under ORS...
537.610 Recording registration statement; issuing certificate of registration; effect of certificate; rules; fees.
(1) The Water Resources Commission shall accept all registration statements referred to in ORS 537.605 completed and returned to the commission in proper form, endorse...
537.615 Application for permit to acquire new right or enlarge existing right to appropriate ground water; fee.
(1) Any person or public agency intending to acquire a wholly new right to appropriate ground water or to enlarge upon any existing right to...
537.620 Determination of completeness of application; initial review; preliminary determination; notice; public comments; fees.
(1) The Water Resources Department shall accept all applications for permits submitted under ORS 537.615 in proper form. (2) Within 15 days after receiving the...
537.621 Review of application; proposed final order; presumption that use will ensure preservation of public welfare, safety and health; flow rate and duty; standing; protest; final order; contested case hearing.
(1) Within 60 days after the Water Resources Department proceeds with the application under ORS 537.620 (5), the department shall complete application review and issue...
537.622 Contested case hearing; parties; issues.
(1) Within 45 days after the Water Resources Director schedules a contested case hearing under ORS 537.621 (9), the Water Resources Department shall hold the...
537.625 Final order; appeal; contents of permit.
(1) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest,...
537.626 Exceptions to final order; modified order.
(1) Within 20 days after the Water Resources Director issues a final order under ORS 537.625 after the conclusion of a contested case hearing, any...
537.627 Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus.
(1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing...
537.628 Terms; conditions; time limit for issuing final order after contested case hearing.
(1) The Water Resources Department may approve an application for less ground water than applied for or upon terms, conditions and limitations necessary for the...
537.629 Conditions or limitations to prevent interference with other users.
(1) When an application discloses the probability of wasteful use or undue interference with existing wells or that any proposed use or well will impair...
537.630 Time allowed for construction work under permit; certificate of completion; survey; ground water right certificate; requirements for supplemental water right.
(1) Except for the holder of a permit for municipal use, the holder of a permit issued pursuant to ORS 537.625 shall prosecute the construction...
537.632 [1959 c.437 §2; 1961 c.334 §10; renumbered 537.762]
537.635 Assignment of application, certificate of registration or permit.
(1) Any certificate of registration issued under ORS 537.610 or permit issued under ORS 537.625 may be assigned, subject to the conditions of the certificate...
537.665 Investigation of ground water reservoirs; defining characteristics and assigning names and numbers.
(1) Upon its own motion, or upon the request of another state agency or local government, the Water Resources Commission, within the limitations of available...
537.670 Determination of rights to appropriate ground water of ground water reservoir.
(1) The Water Resources Director upon the motion of the director or, in the discretion of the director, upon receipt of a petition therefor by...
537.675 Determination of rights in several reservoirs or of critical ground water area in same proceeding.
(1) Whenever the Water Resources Director has reason to believe that two or more ground water reservoirs overlie one another wholly or in part, the...
537.680 Taking testimony; inspecting evidence; contesting claim.
Testimony shall be taken, evidence shall be open to inspection and claims shall be subject to contest in a proceeding to determine rights to appropriate...
537.685 Findings of fact and order of determination.
As soon as practicable after compilation of the evidence obtained in proceedings under ORS 537.665 to 537.680, the Water Resources Director shall make and cause...
537.690 Filing evidence, findings and determinations; court proceedings.
The evidence relied upon by the Water Resources Director in the entry of the findings of fact and order of determination under ORS 537.685, together...
537.695 Conclusive adjudication.
The determination of the Water Resources Director under ORS 537.685, as confirmed or modified by the circuit court or Supreme Court, shall be a conclusive...
537.700 Issuing ground water right certificate.
Upon the final determination under ORS 537.670 to 537.695 of the rights to appropriate the ground water of any ground water reservoir, the Water Resources...
537.705 Ground water appurtenant; change in use, place of use or point of appropriation.
All ground water used in this state for any purpose shall remain appurtenant to the premises upon which it is used and no change in...
537.710 [Renumbered 537.800]
537.715 [1955 c.708 §23; repealed by 1957 c.341 §12]
537.720 Violation of terms of law or permit or certificate; action by Water Resources Commission.
Whenever, after notice to and opportunity to be heard by such holder, the Water Resources Commission finds that the holder of any permit or certificate...
537.730 Designation of critical ground water area; rules; notice.
(1) The Water Resources Commission by rule may designate an area of the state a critical ground water area if: (a) Ground water levels in...
537.735 Rules designating critical ground water area.
(1) A rule adopted by the Water Resources Commission under ORS 537.730 shall: (a) Define the boundaries of the critical ground water area and shall...
537.740 Filing rules designating critical ground water area.
In addition to any applicable requirements under ORS chapter 183, the Water Resources Commission shall file a copy of any rules designating a critical ground...
537.742 Contested case proceeding to limit use of ground water in critical ground water area.
(1) Any time after the Water Resources Commission adopts a rule under ORS 537.730 designating a critical ground water area, the commission may initiate a...
537.745 Voluntary agreements among ground water users from same reservoir.
(1) In the administration of ORS 537.505 to 537.795 and 537.992, the Water Resources Commission may encourage, promote and recognize voluntary agreements among ground water...
537.746 Mitigation credits for projects in Deschutes River Basin; relationship to water made available; rules; annual report.
(1) The Water Resources Commission may by rule establish a system of credits that may be used to offset the potential interference with hydraulically connected...
537.747 Water well constructor’s license; rules; fees.
(1) No person shall advertise services to construct, alter, abandon or convert wells, offer to enter or enter into a contract with another person or...
537.750 Examination for license.
(1) The written examination required under ORS 537.747 (3)(b) shall be prepared to test the applicant’s knowledge and understanding of the following subjects: (a) Laws...
537.753 Bond or letter of credit; landowner’s permit and bond.
(1) Any person who contracts or offers services to contract to construct, alter, abandon or convert wells shall have in effect a surety bond or...
537.756 [1961 c.334 §7; 1971 c.591 §3; repealed by 1981 c.416 §10]
537.759 [1961 c.334 §8; repealed by 1981 c.416 §10]
537.762 Report of constructor before beginning work on well; rules; fees.
(1) Each person required to possess a license under ORS 537.747 who has entered into a contract to construct, alter, abandon or convert a well...
537.763 Water Resources Department Operating Fund.
(1) There is established in the State Treasury the Water Resources Department Operating Fund to provide for the payment of the administrative expenses of the...
537.765 Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission.
(1) The business or activity of constructing new wells or altering, abandoning or converting existing wells is declared to be a business or activity affecting...
537.769 Local regulation of wells and water well constructors.
The Legislative Assembly finds that ground water protection is a matter of statewide concern. No ordinance, order or regulation shall be adopted by a local...
537.770 [1955 c.708 §30; 1957 c.341 §9; repealed by 1961 c.334 §12]
537.772 Pump tests; report; rules for waiver.
(1) The owner or operator of any well, except wells used for purposes listed in ORS 537.545, shall conduct a pump test at least once...
537.775 Wasteful or defective wells; permanent abandonment of old well.
(1) Whenever the Water Resources Commission finds that any well, including any well exempt under ORS 537.545, is by the nature of its construction, operation...
537.777 Regulation of controlling works of wells and distribution of ground water.
(1) The Water Resources Commission shall regulate or cause to be regulated the controlling works of wells and distribute ground water to secure compliance or...
537.780 Powers of Water Resources Commission; rules; limitations on authority.
(1) In the administration of ORS 537.505 to 537.795 and 537.992, the Water Resources Commission may: (a) Require that all flowing wells be capped or...
537.783 Reinjection of geothermal fluids; rules and standards; water pollution control facilities permit.
(1) The Water Resources Commission shall adopt rules which govern the disposal by reinjection or other means of geothermal fluids derived from: (a) Geothermal or...
537.785 Fees.
(1) In the administration of ORS 537.505 to 537.795 and 537.992, the Water Resources Commission shall collect in advance, the fees set forth in ORS...
537.786 [1957 c.341 §3; repealed by 1969 c.629 §3]
537.787 Investigation of violation of ground water laws; remedies for violation.
(1) The Water Resources Commission, upon the commission’s own initiative, or upon complaint alleging violation of any provision of ORS 537.505 to 537.795 and 537.992,...
537.788 [1993 c.774 §8; repealed by 2005 c.14 §4]
537.789 Well identification number.
(1) The well identification number provided by the Water Resources Department when the reporting requirement of ORS 537.762 is satisfied shall be recorded on the...
537.790 [1955 c.708 §34; 1973 c.612 §15; repealed by 1985 c.673 §185]
537.791 Request for well identification number.
(1) A landowner may apply to the Water Resources Department for a number to identify a well on the landowner’s property. (2) The Water Resources...
537.792 [1985 c.615 §6; 1985 c.673 §200; 1991 c.734 §52; renumbered 537.992 in 1993]
537.793 Effect of failure to comply with ORS 537.789 or 537.791.
Failure of a seller to comply with the provisions of ORS 537.789 or 537.791 does not invalidate an instrument of conveyance of real estate. [1993...
537.795 ORS 537.505 to 537.795 supplementary.
ORS 537.505 to 537.795 and 537.992 are intended to be supplementary and in addition to and are not intended to repeal any law relating to...
537.796 Rules regarding low temperature geothermal appropriations.
The Water Resources Commission shall adopt by rule an initial temperature below which low temperature geothermal appropriations shall not be protected from thermal interference caused...
537.797 Rules for certification of surveyors, engineers and geologists.
The Water Resources Commission by rule shall establish criteria for the certification of registered, professional surveyors and engineers and geologists practicing as defined in ORS...
537.798 Examination for certification of surveyors, engineers and geologists; fees; revocation.
(1) In accordance with criteria established by the Water Resources Commission, the State Board of Examiners for Engineering and Land Surveying shall: (a) Conduct examinations...
537.799 Survey for issuance of water right certificate.
Any person who has applied for or received a permit or a transfer to appropriate water under ORS 537.211, 537.625 or 540.530 on or before...
537.800 Waste, spring and seepage waters; laws governing.
(1) All ditches now or hereafter constructed, for the purpose of utilizing waste, spring or seepage waters, shall be governed by the same laws relating...
537.801 Definitions; findings.
(1) As used in ORS chapters 537 and 540: (a) “Basin” means one of the river basins within this state, as defined by Water Resources...
537.803 Application proposing use of water outside of basin of origin; contents.
(1) When an application for appropriation of water submitted under ORS 537.211, 537.400, 537.620, 543.210, 543.290 or for a change in the place of use...
537.805 Processing of application; hearing; action on application.
Notwithstanding any other provision of ORS 537.801 to 537.809, an application governed by ORS 537.803 shall be processed as follows: (1) Upon determination that the...
537.807 [1989 c.939 §6; repealed by 1991 c.200 §3]
537.809 Reservation of water in basin of origin.
Before approving or recommending approval of an application subject to ORS 537.803, the Water Resources Commission shall reserve an amount of water adequate for future...
537.810 Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions.
(1) No waters located or arising within a basin shall be diverted, impounded or in any manner appropriated for diversion or use beyond the boundaries...
537.820 Application of provisions to waters forming common boundary between states.
ORS 537.801 to 537.860 shall also apply to the waters located within the boundaries of this state of any river, stream, lake or other body...
537.830 Condemnation of waters for use outside basin of origin.
No person, or agency of any state or of the United States, shall attempt to condemn any waters within the boundaries of this state for...
537.835 City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek.
(1) Pursuant to the provisions of ORS 537.810, consent is hereby given to the City of Walla Walla, a municipal corporation of the State of...
537.840 Legislative consent; filing of certified copy; appropriation rights and procedure.
Upon receiving legislative permission to appropriate waters under ORS 537.801 to 537.860, the permittee, upon filing in the Water Resources Department a certified copy of...
537.850 Suits to protect state interests; right of redress to private persons.
In the event of any violation or attempt to violate any of the provisions of ORS 537.801 to 537.860, the Governor shall cause to be...
537.855 Domestic water supply district permitted to divert water out of state; conditions.
(1) Pursuant to the provisions of ORS 537.810, consent is hereby given to any domestic water supply district formed under ORS chapter 264 to permit...
537.860 Vested rights protected.
ORS 537.810 to 537.850 shall not affect any valid prior appropriation or water right existing on May 12, 1951.
537.870 Out-of-state municipalities; acquisition of land and water rights in Oregon.
Subject to the limitations imposed by ORS 537.801 to 537.860, any municipal corporation of any state adjoining Oregon may acquire title to any land or...
537.990 Criminal penalties.
(1) Violation of ORS 537.130 (2) is punishable, upon conviction, by a fine of not less than $10 nor more than $250, or by imprisonment...
537.992 Civil penalties; schedule of penalties; rules.
(1) In addition to any other remedy provided by law, the Water Resources Commission may impose a civil penalty against any person who, in the...

Last modified: August 7, 2008

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Oregon Statutes - Chapter 537 - Appropriation of Water Generally