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2017 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- Section 537.015 [1993 c.654 §2; repealed by 2005 c.14 §4]
- Section 537.017 [1993 c.654 §3; repealed by 2005 c.14 §4]
- Section 537.020 [1993 c.654 §4; 1995 c.416 §43; 1999 c.664 §4; 2003 c.594 §8; repealed by 2005 c.14 §4]
- Section 537.022 [1993 c.654 §5; repealed by 2005 c.14 §4]
- Section 537.025 [1993 c.654 §6; repealed by 2005 c.14 §4]
- Section 537.027 [1993 c.654 §7; repealed by 2005 c.14 §4]
- Section 537.030 [1993 c.654 §8; repealed by 2005 c.14 §4]
- Section 537.032 [1993 c.654 §9; repealed by 2005 c.14 §4]
- 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 [Amended by 1971 c.734 §78; 1985 c.673 §31; repealed by 1995 c.416 §50]
- Section 537.185 [1971 c.734 §80; repealed by 1985 c.673 §185]
- Section 537.190 - Terms and conditions of approval; municipal water supplies; release of stored water.
- Section 537.200 [Amended by 1955 c.707 §37; repealed by 1971 c.734 §21]
- Section 537.210 [Repealed by 1981 c.61 §1 (537.211 enacted in lieu of 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 [Repealed by 1971 c.734 §21]
- 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 [1987 c.264 §5; repealed by 1993 c.641 §13]
- 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 [Repealed by 1955 c.708 §38]
- Section 537.515 - Definitions for ORS 537.505 to 537.795 and 537.992.
- Section 537.520 [Repealed by 1955 c.708 §38]
- Section 537.525 - Policy.
- Section 537.530 [Repealed by 1955 c.708 §38]
- 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 [Repealed by 1955 c.708 §38]
- Section 537.545 - Exempt uses; map; filing of use; fee; rules.
- Section 537.550 [Repealed by 1955 c.708 §38]
- Section 537.560 [Repealed by 1955 c.708 §38]
- Section 537.570 [Repealed by 1955 c.708 §38]
- Section 537.575 - Permits granted, approved or pending under former law.
- Section 537.580 [Repealed by 1955 c.708 §38]
- Section 537.585 - Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered.
- Section 537.590 [Repealed by 1955 c.708 §38]
- 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 [1989 c.939 §4; repealed by 1991 c.200 §3]
- Section 537.599 [1989 c.939 §5; repealed by 1991 c.200 §3]
- Section 537.600 [Repealed by 1955 c.708 §38]
- 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; extension; 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 [1955 c.708 §23; repealed by 1957 c.341 §12]
- 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; fee.
- Section 537.756 [1961 c.334 §7; 1971 c.591 §3; repealed by 1981 c.416 §10]
- Section 537.759 [1961 c.334 §8; repealed by 1981 c.416 §10]
- 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 [1955 c.708 §30; 1957 c.341 §9; repealed by 1961 c.334 §12]
- 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 [1957 c.341 §3; repealed by 1969 c.629 §3]
- Section 537.787 - Investigation of violation of ground water laws; remedies for violation.
- Section 537.788 [1993 c.774 §8; repealed by 2005 c.14 §4]
- Section 537.789 - Well identification number.
- Section 537.790 [1955 c.708 §34; 1973 c.612 §15; repealed by 1985 c.673 §185]
- 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 [1989 c.939 §6; repealed by 1991 c.200 §3]
- 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.
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