2011 Oregon Revised Statutes
ORS Volume 13, Chapters 536 - 644
ORS Chapter 537

• 537.010 Definition of Water Rights Act.
• 537.015 [1993 c.654 2; repealed by 2005 c.14 4]
• 537.017 [1993 c.654 3; repealed by 2005 c.14 4]
• 537.020 [1993 c.654 4; 1995 c.416 43; 1999 c.664 4; 2003 c.594 8; repealed by 2005 c.14 4]
• 537.022 [1993 c.654 5; repealed by 2005 c.14 4]
• 537.025 [1993 c.654 6; repealed by 2005 c.14 4]
• 537.027 [1993 c.654 7; repealed by 2005 c.14 4]
• 537.030 [1993 c.654 8; repealed by 2005 c.14 4]
• 537.032 [1993 c.654 9; repealed by 2005 c.14 4]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.
• 537.090 Laws applicable to geothermal wells.
• 537.095 Interference between geothermal well and other water appropriation.
• 537.097 Verification of land ownership; time limits; exception.
• 537.099 Water use report from governmental entity.
• 537.110 Public ownership of waters.
• 537.120 Right of appropriation; vested rights protected.
• 537.130 Permit to appropriate water required; notification to owner of certain land.
• 537.131 Reclaimed water.
• Note: 537.131 was added to and made a part of ORS chapter 537 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 537.132 Exemption from permit requirement for use of reclaimed water; rules.
• Note: 537.132 was added to and made a part of ORS chapter 537 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 537.133 Permittee s right to enter on forestland; notice.
• Note: 537.133 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 537.135 Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception.
• 537.139 Failure to obtain authorization for access to certain land.
• Note: 537.139 was added to and made a part of 537.110 to 537.330 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 537.140 Application for permit; contents; maps and drawings.
• 537.141 Uses of water not requiring water right application, permit or certificate; rules.
• Note: 537.141 was added to and made a part of ORS chapter 537 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 537.142 Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program.
• 537.143 Limited license to use or store surface or ground water or to use stored water; rules.
• 537.144 Request for right to use water under limited license; fee.
• 537.145 Notice of filing of application to appropriate water for hydroelectric purposes.
• 537.147 Permit to use stored water; fee.
• 537.150 Filing of application; determination of completeness; initial review; preliminary determination; notice; public comments; fees.
• Note: The amendments to 537.150 by section 13, chapter 819, Oregon Laws 2009, become operative July 1, 2013. See section 18, chapter 819, Oregon Laws 2009. The text that is operative on and after July 1, 2013, is set forth for the user s convenience.
• 537.150. (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) and is complete and not defective, including the payment of all fees required under ORS 537.140 (5). If the department determines that the application is incomplete or defective or that not all fees have been paid, the department shall return the fees paid and the application. (2) Upon determining that an application contains the information listed under ORS 537.140 (1) and is complete and not defective, the department shall indorse on the application the date upon which the application was received at the department, which shall be the priority date for any water right issued in response to the application. All applications that comply with the provisions of law shall be recorded in a suitable book kept for that purpose. (3) If an application is complete and not defective, the department shall determine whether the proposed use is prohibited by ORS chapter 538. If the proposed use is prohibited by ORS chapter 538, the department shall reject the application and return all fees to the applicant with an explanation of the statutory prohibition. (4) If the proposed use is not prohibited by ORS chapter 538, the department shall undertake an initial review of the application and make a preliminary determination of: (a) Whether the proposed use is restricted or limited by statute or rule; (b) The extent to which water is available from the proposed source during the times and in the amounts requested; and (c) Any other issue the department identifies as a result of the initial review that may preclude approval of or restrict the proposed use. (5) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in subsection (1) of this section, the department shall notify the applicant of its preliminary determinations and allow the applicant 14 days from the date of mailing within which to notify the department to stop processing the application or to proceed with the application. If the applicant notifies the department to stop processing the application, the department shall return the application and all fees paid in excess of $150. If the department receives no timely response from the applicant, the department shall proceed with the application. (6) Within seven days after proceeding with the application under subsection (5) of this section, the department shall give public notice of the application in the weekly notice published by the department. The notice shall include a request for comments on the application and information pertaining to how an interested person may obtain future notices about the application and a copy of the proposed final order. (7) Within 30 days after the public notice under subsection (6) of this section, any person interested in the application shall submit written comments to the department. Any person who asks to receive a copy of the department s proposed final order shall submit to the department the fee required under ORS 536.050 (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.
• Note: The amendments to 537.153 by section 14, chapter 819, Oregon Laws 2009, become operative July 1, 2013. See section 18, chapter 819, Oregon Laws 2009. The text that is operative on and after July 1, 2013, is set forth for the user s convenience.
• 537.153. (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 a proposed final order approving or denying the application or approving the application with modifications or conditions. The department may request the applicant to provide additional information needed to complete the review. If the department requests additional information, the request shall be specific and shall be sent to the applicant by registered mail. The department shall specify a date by which the information must be returned, which shall be not less than 10 days after the department mails the request to the applicant. If the department does not receive the information or a request for a time extension under ORS 537.175 by the date specified in the request, the department may reject the application and may refund fees in accordance with ORS 536.050 (3)(a). The time period specified by the department in a request for additional information shall allow the department to comply with the 60-day time limit established by this subsection. (2) In reviewing the application under subsection (1) of this section, the department shall presume that a proposed use will not impair or be detrimental to the public interest if the proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 and 536.340 or given a preference under ORS 536.310 (12), if water is available, if the proposed use will not injure other water rights and if the proposed use complies with rules of the Water Resources Commission. This shall be a rebuttable presumption and may be overcome by a preponderance of evidence that either: (a) One or more of the criteria for establishing the presumption are not satisfied; or (b) The proposed use will impair or be detrimental to the public interest as demonstrated in comments, in a protest under subsection (6) of this section or in a finding of the department that shows: (A) The specific public interest under ORS 537.170 (8) that would be impaired or detrimentally affected; and (B) Specifically how the identified public interest would be impaired or detrimentally affected. (3) The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to: (a) Confirmation or modification of the preliminary determinations made in the initial review; (b) A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans; (c) An assessment of water availability and the amount of water necessary for the proposed use; (d) An assessment of whether the proposed use would result in injury to existing water rights; (e) An assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170; (f) A draft permit, including any proposed conditions, or a recommendation to deny the application; (g) Whether the rebuttable presumption that the proposed use will not impair or be detrimental to the public interest has been established; and (h) The date by which protests to the proposed final order must be received by the department. (4) The department shall mail copies of the proposed final order to the applicant and to persons who have requested copies and paid the fee required under ORS 536.050 (1)(p). The department also shall publish notice of the proposed final order by publication in the weekly notice published by the department. (5) Any person who supports a proposed final order may request standing for purposes of participating in any contested case proceeding on the proposed final order or for judicial review of a final order. A request for standing shall be in writing and shall be accompanied by the fee established under ORS 536.050 (1)(n). (6) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include: (a) The name, address and telephone number of the protestant; (b) A description of the protestant s interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented; (c) A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant s interest; (d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency; (e) Any citation of legal authority supporting the protest, if known; and (f) For persons other than the applicant, the protest fee required under ORS 536.050. (7) Requests for standing and protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly notice published by the department. Any person who asks to receive a copy of the department s final order shall submit to the department the fee required under ORS 536.050 (1)(p), unless the person has previously requested copies and paid the required fee under ORS 537.150 (7), the person is a protestant and has paid the fee required under ORS 536.050 (1)(j) or the person has standing and has paid the fee under ORS 536.050 (1)(n). (8) Within 60 days after the close of the period for receiving protests, the Water Resources Director shall: (a) Issue a final order as provided under ORS 537.170 (6); or (b) Schedule a contested case hearing if a protest has been submitted and if: (A) Upon review of the issues, the director finds that there are significant disputes related to the proposed use of water; or (B) Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing.
• Note: 537.153, 537.173 and 537.175 were added to and made a part of 537.145 to 537.240 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 537.160 Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water.
• 537.170 Contested case hearing on application; final order; appeal.
• 537.173 Exceptions to final order; modified order.
• Note: See second note under 537.153.
• 537.175 Time limit for issuing final order or scheduling contested case hearing; applicant request for extension.
• Note: See second note under 537.153.
• 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.
• 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.
• 537.220 Assignment of application, permit or license.
• 537.230 Time allowed for construction of irrigation or other work; extension; survey; map; requirements for supplemental water right.
• 537.240 Federal permit; time for obtaining; cancellation; time for beginning and completing work.
• 537.248 Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension.
• Note: 537.248 and 537.249 were added to and made a part of 537.140 to 537.252 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 537.249 Election to have proposed reservation considered as application for permit or rulemaking proceeding.
• Note: See note under 537.248.
• 537.250 Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights.
• 537.252 Certificate issued for land not described in permit; notice.
• 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.
• 537.270 Conclusiveness of certificate.
• 537.280 [Renumbered 537.335]
• 537.282 Definition of municipal applicant.
• 537.283 Procedure for applications to appropriate water for hydroelectric power; rules.
• Note: 537.283 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 537.285 Municipal applicant may develop hydroelectric project jointly with private person; restrictions.
• 537.287 Rules for joint project of municipal applicant and private person.
• 537.289 Conditions to be imposed on permit of municipal corporation or district.
• 537.290 [Renumbered 537.340]
• 537.292 Conditions to be imposed on certificate of municipal corporation or district.
• 537.295 Cancellation of permit when holder fails to continue to qualify as municipal applicant.
• 537.297 Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant.
• 537.299 Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare.
• 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.
• 537.320 Entry on land for survey purposes, preliminary to appropriation and diversion of waters.
• 537.330 Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply.
• 537.332 Definitions for ORS 537.332 to 537.360.
• 537.334 Findings.
• 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.
• 537.338 Rules for state agency request for in-stream water right.
• 537.340 [Formerly 537.290; renumbered 537.395 in 1987]
• 537.341 Certificate for in-stream water right.
• 537.343 Proposed final order; conditions.
• 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.
• 537.348 Purchase, lease or gift of water right for conversion to in-stream water right; priority dates.
• Note: The amendments to 537.348 by section 2, chapter 205, Oregon Laws 2001, become operative January 2, 2014. See section 3, chapter 205, Oregon Laws 2001, as amended by section 1, chapter 355, Oregon Laws 2007. The text that is operative on and after January 2, 2014, is set forth for the user s convenience.
• 537.348. (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 of an existing water right for conversion to an in-stream water right. Any water right converted to an in-stream water right under this section shall retain the priority date of the water right purchased, leased or received as a gift. At the request of the person the Water Resources Commission shall issue a new certificate for the in-stream water right showing the original priority date of the purchased, gifted or leased water right. A person who transfers a water right by purchase, lease or gift under this subsection shall comply with the requirements for the transfer of a water right under ORS 540.505 to 540.585. (2) Any person who has an existing water right may lease all or a portion of the existing water right for use as an in-stream water right for a specified period without the loss of the original priority date. During the term of such lease, the use of the water right as an in-stream water right shall be considered a beneficial use.
• 537.349 Processing request for in-stream water right.
• 537.350 Legal status of in-stream water right.
• 537.352 Precedence of uses.
• 537.354 In-stream water right subject to emergency water shortage provisions.
• 537.356 Request for reservation of unappropriated water for future economic development; priority date of reservation.
• 537.358 Rules for reservation for future economic development; application for use of reserved water.
• 537.360 Relationship between application for in-stream water right and application for certain hydroelectric permits.
• 537.385 Extension of irrigation season; rules; limitations.
• Note: 537.385 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 537.390 Valuation of water rights.
• 537.395 Public recapture of water power rights and properties; no recapture of other rights.
• 537.400 Reservoir permits.
• 537.405 Exempt reservoirs; written notification to department; injury to other users.
• 537.407 Water right certificate for reservoirs existing before January 1, 1993; injury to other users; conversion of prior application to notice of exemption.
• 537.409 Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules.
• 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.
• 537.420 Notice of hearing.
• 537.430 [Repealed by 1971 c.734 21]
• 537.440 Cancellation of permit; priorities of other permits.
• 537.445 Hearing upon proposal to cancel permit or appropriation; cancellation suspended pending review.
• 537.450 Rules for proof as to work and use of water under permits; noncompliance as evidence in cancellation proceedings.
• 537.455 Definitions for ORS 537.455 to 537.500 and 540.510.
• Note: 537.455 to 537.500 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 537.460 Legislative findings; policy.
• Note: See note under 537.455.
• 537.463 Applicability of ORS 537.455 to 537.500.
• Note: See note under 537.455.
• 537.465 Application for allocation of conserved water; submission; required contents.
• Note: See note under 537.455.
• 537.470 Allocation of conserved water by commission; criteria; percentage to state; certificates showing change in original water right.
• Note: See note under 537.455.
• 537.475 [1987 c.264 5; repealed by 1993 c.641 13]
• 537.480 Rules; criteria for evaluating allocation and determining mitigation required.
• Note: See note under 537.455.
• 537.485 Priority of right to use conserved water; choice of priority.
• Note: See note under 537.455.
• 537.490 Use of conserved water; notice of dispensation of right to use.
• Note: See note under 537.455.
• 537.495 Receipt by state agency or political subdivision of right to use conserved water.
• Note: See note under 537.455.
• 537.500 Legal status of conserved water right.
• Note: See note under 537.455. GROUND WATER (Generally)
• 537.505 Short title.
• 537.510 [Repealed by 1955 c.708 38]
• 537.515 Definitions for ORS 537.505 to 537.795 and 537.992.
• 537.520 [Repealed by 1955 c.708 38]
• 537.525 Policy.
• 537.530 [Repealed by 1955 c.708 38] (Aquifer Storage and Recovery)
• 537.531 Legislative findings.
• 537.532 Injection of ground water into aquifers; standards.
• 537.534 Rules for permitting and administering aquifer storage and recovery projects; limited license for test program; fees.
• 537.535 Unlawful use or appropriation of ground water, including well construction and operation.
• 537.540 [Repealed by 1955 c.708 38]
• 537.545 Exempt uses; map; filing of use; fee; rules.
• 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.
• 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.
• 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.
• 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.
• 537.610 Recording registration statement; issuing certificate of registration; effect of certificate; rules; fees.
• Note: The amendments to 537.610 by section 15, chapter 819, Oregon Laws 2009, become operative July 1, 2013. See section 18, chapter 819, Oregon Laws 2009. The text that is operative on and after July 1, 2013, is set forth for the user s convenience.
• 537.610. (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 on the registration statement the date of the return and record each statement. Upon recording the statement, the commission shall issue to the registrant a certificate as evidence that the registration is completed. (2) The issuance of the certificate of registration serves as prima facie evidence that the registrant is entitled to a right to appropriate ground water and apply it to beneficial use to the extent and in the manner disclosed in the recorded registration statement and in the certificate of registration. (3) A certificate of registration issued under this section may not be construed as a final determination of any matter stated in the certificate of registration. The right of the registrant to appropriate ground water under a certificate of registration is subject to determination under ORS 537.670 to 537.695, and is not final or conclusive until so determined and a ground water right certificate issued. A right to appropriate ground water under a certificate of registration has a tentative priority from the date when the construction of the well was begun. (4) The commission shall adopt by rule the process and standards by which the commission will recognize changes in the place of use, type of use or point of appropriation for claims to appropriate ground water registered under this section. The commission shall adopt fees not to exceed $500 for actions taken to modify a certificate of registration.
• 537.615 Application for permit to acquire new right or enlarge existing right to appropriate ground water; fee.
• 537.620 Determination of completeness of application; initial review; preliminary determination; notice; public comments; fees.
• Note: The amendments to 537.620 by section 16, chapter 819, Oregon Laws 2009, become operative July 1, 2013. See section 18, chapter 819, Oregon Laws 2009. The text that is operative on and after July 1, 2013, is set forth for the user s convenience.
• 537.620. (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 application, the department shall determine whether the application contains the information listed under ORS 537.615 (2) and is complete and not defective, including the payment of all fees required under ORS 537.615 (5). If the department determines that the application is incomplete or defective or that not all fees have been paid, the department shall return the fees paid and the application to the applicant to remedy the defect. If an application is complete and not defective, the department shall indorse on the application the date upon which the application was received at the department, which shall be the priority date for any water right issued in response to the application. (3) Upon determining that an application is complete and not defective, the department shall determine whether the proposed use is prohibited by statute. If the proposed use is prohibited by statute, the department shall reject the application and return all fees to the applicant with an explanation of the statutory prohibition. (4) If the proposed use is not prohibited by statute, the department shall undertake an initial review of the application and make a preliminary determination of: (a) Whether the proposed use is restricted or limited by statute or rule or because the proposed use is located within a designated critical ground water area; (b) The extent to which water is available from the proposed source during the times and in the amounts requested; and (c) Any other issue the department identifies as a result of the initial review that may preclude approval of or restrict the proposed use. (5) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in subsection (2) of this section, the department shall notify the applicant of its preliminary determinations and allow the applicant 14 days from the date of mailing within which to notify the department to stop processing the application or to proceed with the application. If the applicant notifies the department to stop processing the application, the department shall return the application and all fees paid in excess of $150. If the department receives no timely response from the applicant, the department shall proceed with the application. (6) Within seven days after proceeding with the application under subsection (5) of this section, the department shall give public notice of the application in the weekly notice published by the department. The notice shall include a request for comments on the application and information pertaining to how an interested person may obtain future notices about the application and a copy of the proposed final order. (7) Within 30 days after the public notice under subsection (6) of this section, any person interested in the application shall submit written comments to the department. Any person who asks to receive a copy of the department s proposed final order shall submit to the department the fee required under ORS 536.050 (1)(p).
• 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.
• Note: The amendments to 537.621 by section 17, chapter 819, Oregon Laws 2009, become operative July 1, 2013. See section 18, chapter 819, Oregon Laws 2009. The text that is operative on and after July 1, 2013, is set forth for the user s convenience.
• 537.621. (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 a proposed final order approving or denying the application or approving the application with modifications or conditions. The department may request the applicant to provide additional information needed to complete the review. If the department requests additional information, the request shall be specific and shall be sent to the applicant by registered mail. The department shall specify a date by which the information must be returned, which shall be not less than 10 days after the department mails the request to the applicant. If the department does not receive the information or a request for a time extension under ORS 537.627 by the date specified in the request, the department may reject the application and may refund fees in accordance with ORS 536.050 (3)(a). The time period specified by the department in a request for additional information shall allow the department to comply with the 60-day time limit established by this subsection. (2) In reviewing the application under subsection (1) of this section, the department shall determine whether the proposed use will ensure the preservation of the public welfare, safety and health as described in ORS 537.525. The department shall presume that a proposed use will ensure the preservation of the public welfare, safety and health if the proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 and 536.340 or given a preference under ORS 536.310 (12), if water is available, if the proposed use will not injure other water rights and if the proposed use complies with rules of the Water Resources Commission. This shall be a rebuttable presumption and may be overcome by a preponderance of evidence that either: (a) One or more of the criteria for establishing the presumption are not satisfied; or (b) The proposed use would not ensure the preservation of the public welfare, safety and health as demonstrated in comments, in a protest under subsection (7) of this section or in a finding of the department that shows: (A) The specific aspect of the public welfare, safety and health under ORS 537.525 that would be impaired or detrimentally affected; and (B) Specifically how the identified aspect of the public welfare, safety and health under ORS 537.525 would be impaired or be adversely affected. (3) The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to: (a) Confirmation or modification of the preliminary determinations made in the initial review; (b) A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans; (c) An assessment of water availability and the amount of water necessary for the proposed use; (d) An assessment of whether the proposed use would result in injury to existing water rights; (e) An assessment of whether the proposed use would ensure the preservation of the public welfare, safety and health as described in ORS 537.525; (f) A draft permit, including any proposed conditions, or a recommendation to deny the application; (g) Whether the rebuttable presumption under subsection (2) of this section has been established; (h) The date by which protests to the proposed final order must be received by the department; and (i) The flow rate and duty of water allowed. (4) In establishing the flow rate and duty of water allowed, the department may consider a general basin-wide standard, but first shall evaluate information submitted by the applicant to demonstrate the need for a flow rate and duty higher than the general standard. If the applicant provides such information, the department shall authorize the requested rate and duty except upon specific findings related to the application to support a determination that a lesser amount is needed. If the applicant does not provide information to demonstrate the need for a flow rate and duty higher than the general basin-wide standard, the department may apply the general standards without specific findings related to the application. (5) The department shall mail copies of the proposed final order to the applicant and to persons who have requested copies and paid the fee required under ORS 536.050 (1)(p). The department also shall publish notice of the proposed final order by publication in the weekly notice published by the department. (6) Any person who supports a proposed final order may request standing for purposes of participating in any contested case proceeding on the proposed final order or for judicial review of a final order. A request for standing shall be in writing and shall be accompanied by the fee established under ORS 536.050 (1)(n). (7) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include: (a) The name, address and telephone number of the protestant; (b) A description of the protestant s interest in the proposed final order, and if the protestant claims to represent the public interest, a precise statement of the public interest represented; (c) A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant s interest; (d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency; (e) Any citation of legal authority supporting the protest, if known; and (f) For persons other than the applicant, the protest fee required under ORS 536.050. (8) Requests for standing and protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly notice published by the department. Any person who asks to receive a copy of the department s final order shall submit to the department the fee required under ORS 536.050 (1)(p), unless the person has previously requested copies and paid the required fee under ORS 537.620 (7), the person is a protestant and has paid the fee required under ORS 536.050 (1)(j) or the person has standing and has paid the fee under ORS 536.050 (1)(n). (9) Within 60 days after the close of the period for receiving protests, the Water Resources Director shall: (a) Issue a final order as provided under ORS 537.625 (1); or (b) Schedule a contested case hearing if a protest has been submitted and if: (A) Upon review of the issues, the director finds that there are significant disputes related to the proposed use of water; or (B) Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing.
• 537.622 Contested case hearing; parties; issues.
• 537.625 Final order; appeal; contents of permit.
• 537.626 Exceptions to final order; modified order.
• 537.627 Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus.
• 537.628 Terms; conditions; time limit for issuing final order after contested case hearing.
• 537.629 Conditions or limitations to prevent interference with other users.
• 537.630 Time allowed for construction work under permit; certificate of completion; survey; ground water right certificate; requirements for supplemental water right.
• 537.632 [1959 c.437 2; 1961 c.334 10; renumbered 537.762]
• 537.635 Assignment of application, certificate of registration or permit.
• 537.665 Investigation of ground water reservoirs; defining characteristics and assigning names and numbers.
• 537.670 Determination of rights to appropriate ground water of ground water reservoir.
• 537.675 Determination of rights in several reservoirs or of critical ground water area in same proceeding.
• 537.680 Taking testimony; inspecting evidence; contesting claim.
• 537.685 Findings of fact and order of determination.
• 537.690 Filing evidence, findings and determinations; court proceedings.
• 537.695 Conclusive adjudication.
• 537.700 Issuing ground water right certificate.
• 537.705 Ground water appurtenant; change in use, place of use or point of appropriation.
• 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.
• 537.730 Designation of critical ground water area; rules; notice.
• Note: Section 17, chapter 907, Oregon Laws 2009, provides:
• Sec. 17.
• 537.735 Rules designating critical ground water area.
• 537.740 Filing rules designating critical ground water area.
• 537.742 Contested case proceeding to limit use of ground water in critical ground water area.
• 537.745 Voluntary agreements among ground water users from same reservoir.
• 537.746 Mitigation credits for projects in Deschutes River Basin; relationship to water made available; rules; annual report.
• Note: Sections 1, 2, 4 and 5, chapter 669, Oregon Laws 2005, provide:
• Sec. 1.
• Sec. 2.
• Sec. 4.
• Sec. 5.
• 537.747 Water well constructor s license; rules; fees.
• 537.750 Examination for license.
• 537.753 Bond or letter of credit; landowner s permit and bond.
• 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.
• 537.763 Water Resources Department Operating Fund.
• Note: 537.763 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 537.765 Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission.
• Note: Sections 2, 4 and 7, chapter 496, Oregon Laws 2001, provide:
• Sec. 2.
• Sec. 4.
• Sec. 7.
• 537.769 Local regulation of wells and water well constructors.
• 537.770 [1955 c.708 30; 1957 c.341 9; repealed by 1961 c.334 12] (Regulation of Ground Water Wells)
• 537.772 Pump tests; report; rules for waiver.
• 537.775 Wasteful or defective wells; permanent abandonment of old well.
• 537.777 Regulation of controlling works of wells and distribution of ground water.
• 537.780 Powers of Water Resources Commission; rules; limitations on authority.
• 537.783 Reinjection of geothermal fluids; rules and standards; water pollution control facilities permit.
• 537.785 Fees.
• 537.786 [1957 c.341 3; repealed by 1969 c.629 3]
• 537.787 Investigation of violation of ground water laws; remedies for violation.
• 537.788 [1993 c.774 8; repealed by 2005 c.14 4]
• 537.789 Well identification number.
• 537.790 [1955 c.708 34; 1973 c.612 15; repealed by 1985 c.673 185]
• 537.791 Request for well identification number.
• 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.
• 537.795 ORS 537.505 to 537.795 supplementary.
• 537.796 Rules regarding low temperature geothermal appropriations.
• Note: 537.796 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. WATER RIGHT EXAMINERS; SURVEYS
• 537.797 Criteria for certification of land surveyors, engineers and geologists to determine work completion; rules.
• Note: 537.797, 537.798 and 537.799 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 537.798 Water right examiner certificate; regulation of profession; rules; fees.
• Note: See note under 537.797.
• 537.799 Survey for issuance of water right certificate.
• Note: See note under 537.797. WASTE, SPRING AND SEEPAGE WATERS
• 537.800 Waste, spring and seepage waters; laws governing.
• 537.801 Definitions; findings.
• 537.803 Application proposing use of water outside of basin of origin; contents.
• 537.805 Processing of application; hearing; action on application.
• 537.807 [1989 c.939 6; repealed by 1991 c.200 3]
• 537.809 Reservation of water in basin of origin.
• 537.810 Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions.
• 537.820 Application of provisions to waters forming common boundary between states.
• 537.830 Condemnation of waters for use outside basin of origin.
• 537.835 City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek.
• 537.840 Legislative consent; filing of certified copy; appropriation rights and procedure.
• 537.850 Suits to protect state interests; right of redress to private persons.
• 537.855 Domestic water supply district permitted to divert water out of state; conditions.
• 537.860 Vested rights protected.
• 537.870 Out-of-state municipalities; acquisition of land and water rights in Oregon.
• 537.880 Policy; log requirement; reporting.
• 537.885 Licensing or registration required for drilling of geotechnical hole.
• 537.890 Report form; rules; fees.
• 537.895 Water Resources Department Geotechnical Fund.
• 537.990 Criminal penalties.
• 537.992 Civil penalties; schedule of penalties; rules.