There is a newer version of the Oregon Revised Statutes
2013 Oregon Revised Statutes
Volume : 13 - Water Resources, Agriculture and Food
Chapter 537 - Appropriation of Water Generally
GENERAL PROVISIONS- Section 537.010 - Definition of "Water Rights Act."
- Section 537.015
- Section 537.017
- Section 537.020
- Section 537.022
- Section 537.025
- Section 537.027
- Section 537.030
- Section 537.032
- Section 537.090 - Laws applicable to geothermal wells.
- Section 537.095 - Interference between geothermal well and other water appropriation.
- Section 537.097 - Verification of land ownership; time limits; exception.
- Section 537.099 - Water use report from governmental entity.
- Section 537.110 - Public ownership of waters.
- Section 537.120 - Right of appropriation; vested rights protected.
- Section 537.130 - Permit to appropriate water required; notification to owner of certain land.
- Section 537.131 - Reclaimed water.
- Section 537.132 - Exemption from permit requirement for use of reclaimed water; rules.
- Section 537.133 - Permittee's right to enter on forestland; notice.
- Section 537.135 - Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception.
- Section 537.139 - Failure to obtain authorization for access to certain land.
- Section 537.140 - Application for permit; contents; maps and drawings.
- Section 537.141 - Uses of water not requiring water right application, permit or certificate; rules.
- Section 537.142 - Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program.
- Section 537.143 - Limited license to use or store surface or ground water or to use stored water; rules.
- Section 537.144 - Request for right to use water under limited license; fee.
- Section 537.145 - Notice of filing of application to appropriate water for hydroelectric purposes.
- Section 537.147 - Permit to use stored water; fee.
- Section 537.150 - Filing of application; determination of completeness; initial review; preliminary determination; notice; public comments; fees.
- Section 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.
- Note 537.153, 537.173 and 537.175
- Section 537.160 - Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water.
- Section 537.170 - Contested case hearing on application; final order; appeal.
- Section 537.173 - Exceptions to final order; modified order.
- Section 537.175 - Time limit for issuing final order or scheduling contested case hearing; applicant request for extension.
- Section 537.180
- Section 537.185
- Section 537.190 - Terms and conditions of approval; municipal water supplies; release of stored water.
- Section 537.200
- Section 537.210
- Section 537.211 - Issuance of permit if application approved; contents of permit; effect; rejection of application; change in permit terms.
- Section 537.220 - Assignment of application, permit or license.
- Section 537.225 - Full or partial assignment of water right permit; issuance of replacement permits.
- Section 537.227 - Protest of application to assign all or part of water right permit.
- Section 537.230 - Time allowed for construction of irrigation or other work; extension; survey; map; requirements for supplemental water right.
- Section 537.240 - Federal permit; time for obtaining; cancellation; time for beginning and completing work.
- Section 537.248 - Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension.
- Section 537.249 - Election to have proposed reservation considered as application for permit or rulemaking proceeding.
- Section 537.250 - Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights.
- Section 537.252 - Certificate issued for land not described in permit; notice.
- Section 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.
- Section 537.270 - Conclusiveness of certificate.
- Section 537.280
- Section 537.282 - Definition of "municipal applicant."
- Section 537.283 - Procedure for applications to appropriate water for hydroelectric power; rules.
- Section 537.285 - Municipal applicant may develop hydroelectric project jointly with private person; restrictions.
- Section 537.287 - Rules for joint project of municipal applicant and private person.
- Section 537.289 - Conditions to be imposed on permit of municipal corporation or district.
- Section 537.290
- Section 537.292 - Conditions to be imposed on certificate of municipal corporation or district.
- Section 537.295 - Cancellation of permit when holder fails to continue to qualify as municipal applicant.
- Section 537.297 - Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant.
- Section 537.299 - Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare.
- Section 537.300
- Section 537.310 - Acquisition of water rights for railway purposes; certificates.
- Section 537.320 - Entry on land for survey purposes, preliminary to appropriation and diversion of waters.
- Section 537.330 - Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply.
- Section 537.332 - Definitions for ORS 537.332 to 537.360.
- Section 537.334 - Findings.
- Section 537.335
- Section 537.336 - State agencies authorized to request in-stream water rights; agreement required when supply is stored water.
- Section 537.338 - Rules for state agency request for in-stream water right.
- Section 537.340
- Section 537.341 - Certificate for in-stream water right.
- Section 537.343 - Proposed final order; conditions.
- Section 537.345
- Section 537.346 - Conversion of minimum perennial streamflows to in-stream water rights; special provisions for Willamette Basin.
- Section 537.348 - Purchase, lease or gift of water right for conversion to in-stream water right; priority dates; split use.
- Section 537.349 - Processing request for in-stream water right.
- Section 537.350 - Legal status of in-stream water right.
- Section 537.352 - Precedence of uses.
- Section 537.354 - In-stream water right subject to emergency water shortage provisions.
- Section 537.356 - Request for reservation of unappropriated water for future economic development; priority date of reservation.
- Section 537.358 - Rules for reservation for future economic development; application for use of reserved water.
- Section 537.360 - Relationship between application for in-stream water right and application for certain hydroelectric permits.
- Section 537.385 - Extension of irrigation season; rules; limitations.
- Section 537.390 - Valuation of water rights.
- Section 537.395 - Public recapture of water power rights and properties; no recapture of other rights.
- Section 537.400 - Reservoir permits.
- Section 537.405 - Exempt reservoirs; written notification to department; injury to other users.
- Section 537.407 - Water right certificate for reservoirs existing before January 1, 1993; injury to other users; conversion of prior application to notice of exemption.
- Section 537.409 - Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules.
- Section 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.
- Section 537.420 - Notice of hearing.
- Section 537.430
- Section 537.440 - Cancellation of permit; priorities of other permits.
- Section 537.445 - Hearing upon proposal to cancel permit or appropriation; cancellation suspended pending review.
- Section 537.450 - Rules for proof as to work and use of water under permits; noncompliance as evidence in cancellation proceedings.
- Section 537.455 - Definitions for ORS 537.455 to 537.500 and 540.510.
- Section 537.460 - Legislative findings; policy.
- Section 537.463 - Applicability of ORS 537.455 to 537.500.
- Section 537.465 - Application for allocation of conserved water; submission; required contents.
- Section 537.470 - Allocation of conserved water by commission; criteria; percentage to state; certificates showing change in original water right.
- Section 537.475
- Section 537.480 - Rules; criteria for evaluating allocation and determining mitigation required.
- Section 537.485 - Priority of right to use conserved water; choice of priority.
- Section 537.490 - Use of conserved water; notice of dispensation of right to use.
- Section 537.495 - Receipt by state agency or political subdivision of right to use conserved water.
- Section 537.500 - Legal status of conserved water right.
- Section 537.505 - Short title.
- Section 537.510
- Section 537.515 - Definitions for ORS 537.505 to 537.795 and 537.992.
- Section 537.520
- Section 537.525 - Policy.
- Section 537.530
- Section 537.531 - Legislative findings.
- Section 537.532 - Injection of ground water into aquifers; standards.
- Section 537.534 - Rules for permitting and administering aquifer storage and recovery projects; limited license for test program; fees.
- Section 537.535 - Unlawful use or appropriation of ground water, including well construction and operation.
- Section 537.540
- Section 537.545 - Exempt uses; map; filing of use; fee; rules.
- Section 537.550
- Section 537.560
- Section 537.570
- Section 537.575 - Permits granted, approved or pending under former law.
- Section 537.580
- Section 537.585 - Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered.
- Section 537.590
- Section 537.595 - Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered.
- Section 537.597
- Section 537.599
- Section 537.600
- Section 537.605 - Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595; registration statement.
- Section 537.610 - Recording registration statement; issuing certificate of registration; effect of certificate; rules; fees.
- Section 537.615 - Application for permit to acquire new right or enlarge existing right to appropriate ground water; plans and drawings.
- Section 537.620 - Determination of completeness of application; initial review; preliminary determination; notice; public comments.
- Section 537.621 - Review of application; proposed final order; presumption; rebuttal; findings and conclusions; flow rate and duty; standing; protest; final order; contested case hearing.
- Section 537.622 - Contested case hearing; parties; issues.
- Section 537.625 - Final order; appeal; contents of permit.
- Section 537.626 - Exceptions to final order; modified order.
- Section 537.627 - Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus.
- Section 537.628 - Terms; conditions; time limit for issuing final order after contested case hearing.
- Section 537.629 - Conditions or limitations to prevent interference with other users.
- Section 537.630 - Time allowed for construction work under permit; certificate of completion; survey; ground water right certificate; requirements for supplemental water right.
- Section 537.632
- Section 537.635 - Assignment of application, certificate of registration or permit.
- Section 537.665 - Investigation of ground water reservoirs; defining characteristics and assigning names and numbers.
- Section 537.670 - Determination of rights to appropriate ground water of ground water reservoir.
- Section 537.675 - Determination of rights in several reservoirs or of critical ground water area in same proceeding.
- Section 537.680 - Taking testimony; inspecting evidence; contesting claim.
- Section 537.685 - Findings of fact and order of determination.
- Section 537.690 - Filing evidence, findings and determinations; court proceedings.
- Section 537.695 - Conclusive adjudication.
- Section 537.700 - Issuing ground water right certificate.
- Section 537.705 - Ground water appurtenant; change in use, place of use or point of appropriation.
- Section 537.710
- Section 537.715
- Section 537.720 - Violation of terms of law or permit or certificate; action by Water Resources Commission.
- Section 537.730 - Designation of critical ground water area; rules; notice.
- Section 537.735 - Rules designating critical ground water area.
- Section 537.740 - Filing rules designating critical ground water area.
- Section 537.742 - Contested case proceeding to limit use of ground water in critical ground water area.
- Section 537.745 - Voluntary agreements among ground water users from same reservoir.
- Section 537.746 - Mitigation credits for projects in Deschutes River Basin; relationship to water made available; rules; annual report.
- Section 537.747 - Water well constructor's license; rules; fees.
- Section 537.750 - Examination for license.
- Section 537.753 - Bond or letter of credit; landowner's permit and bond.
- Section 537.756
- Section 537.759
- Section 537.762 - Report of constructor before beginning work on well; rules; fees.
- Section 537.763 - Water Resources Department Operating Fund.
- Section 537.765 - Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission.
- Section 537.769 - Local regulation of wells and water well constructors.
- Section 537.770
- Section 537.772 - Pump tests; report; rules for waiver.
- Section 537.775 - Wasteful or defective wells; permanent abandonment of old well.
- Section 537.777 - Regulation of controlling works of wells and distribution of ground water.
- Section 537.780 - Powers of Water Resources Commission; rules; limitations on authority.
- Section 537.783 - Reinjection of geothermal fluids; rules and standards; water pollution control facilities permit.
- Section 537.785 - Fees.
- Section 537.786
- Section 537.787 - Investigation of violation of ground water laws; remedies for violation.
- Section 537.788
- Section 537.789 - Well identification number.
- Section 537.790
- Section 537.791 - Request for well identification number.
- Section 537.792
- Section 537.793 - Effect of failure to comply with ORS 537.789 or 537.791.
- Section 537.795 - ORS 537.505 to 537.795 supplementary.
- Section 537.796 - Rules regarding low temperature geothermal appropriations.
- Section 537.797 - Criteria for certification of land surveyors, engineers and geologists to determine work completion; rules.
- Note 537.797, 537.798 and 537.799
- Section 537.798 - Water right examiner certificate; regulation of profession; rules; fees.
- Section 537.799 - Survey for issuance of water right certificate.
- Section 537.801 - Definitions; findings.
- Section 537.803 - Application proposing use of water outside of basin of origin; contents.
- Section 537.805 - Processing of application; hearing; action on application.
- Section 537.807
- Section 537.809 - Reservation of water in basin of origin.
- Section 537.810 - Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions.
- Section 537.820 - Application of provisions to waters forming common boundary between states.
- Section 537.830 - Condemnation of waters for use outside basin of origin.
- Section 537.835 - City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek.
- Section 537.840 - Legislative consent; filing of certified copy; appropriation rights and procedure.
- Section 537.850 - Suits to protect state interests; right of redress to private persons.
- Section 537.855 - Domestic water supply district permitted to divert water out of state; conditions.
- Section 537.860 - Vested rights protected.
- Section 537.870 - Out-of-state municipalities; acquisition of land and water rights in Oregon.
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
