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Appropriation of Water Generally
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Oregon Revised Statutes
Water Resources, Agriculture and Food
Appropriation of Water Generally
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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[1993 c.654 §2; repealed by 2005 c.14 §4]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[1993 c.654 §3; repealed by 2005 c.14 §4]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[1993 c.654 §4; 1995 c.416 §43; 1999 c.664 §4; 2003 c.594 §8; repealed by 2005 c.14 §4]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[1993 c.654 §5; repealed by 2005 c.14 §4]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[1993 c.654 §6; repealed by 2005 c.14 §4]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[1993 c.654 §7; repealed by 2005 c.14 §4]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[1993 c.654 §8; repealed by 2005 c.14 §4]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[1993 c.654 §9; repealed by 2005 c.14 §4]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
537.040
Registration of water for road construction, maintenance or reconstruction; fee; annual renewal statement; limitations; rules.
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.
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 537.280
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 537.290
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 537.300
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 537.335
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 537.340
Section
537.341
Certificate for in-stream water right.
Section
537.343
Proposed final order; conditions.
Section
537.345
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 537.632
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 537.710
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
537.743
Program to remediate certain domestic water wells.
Section
537.744
Domestic Well Remediation Fund.
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
537.766
Water Well Abandonment, Repair and Replacement Fund.
Section
537.767
Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund.
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
537.781
Applying for injunction to address violation or potential violation.
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 537.792
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.
Section
537.798
Water right examiner certificate; regulation of profession; rules; fees.
Section
537.799
Survey for issuance of water right certificate.
Section
537.800
Waste, spring and seepage waters; laws governing.
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.
Section
537.880
Policy; log requirement; reporting.
Section
537.885
Licensing or registration required for drilling of geotechnical hole.
Section
537.890
Report form; rules; fees.
Section
537.895
Water Resources Department Geotechnical Fund.
Section
537.990
Criminal penalties.
Section
537.992
Civil penalties; schedule of penalties; rules.