2011 ORS § 537.139¹
Failure to obtain authorization for access to certain land

(1) The failure of an applicant to obtain written authorization, obtain an easement or acquire ownership of land if required as a condition to issuance of a permit under ORS 537.211 (Issuance of permit if application approved) (2) shall be a ground for refusal to issue a permit.

(2) If an applicant makes a statement under ORS 537.140 (Application for permit) (1)(a)(E) that falsely states that the applicant owns all lands crossed by a proposed ditch, canal or other work or that the applicant has obtained written authorization or an easement permitting access across such lands, any permit issued in response to the application shall be subject to cancellation.

(3) Nothing in ORS 537.130 (Permit to appropriate water required), 537.133 (Permittees right to enter on forestland), 537.139 (Failure to obtain authorization for access to certain land), 537.140 (Application for permit), 537.250 (Water right certificate), 772.305 (Condemnation of right of way for drainage or irrigation) and 772.310 (Right to enlarge existing irrigation system) requires the Water Resources Department to mediate or arbitrate a dispute between a permittee and a landowner with respect to the provisions of ORS 537.130 (Permit to appropriate water required), 537.133 (Permittees right to enter on forestland), 537.139 (Failure to obtain authorization for access to certain land), 537.140 (Application for permit), 537.250 (Water right certificate), 772.305 (Condemnation of right of way for drainage or irrigation) and 772.310 (Right to enlarge existing irrigation system). [1989 c.509 §8; 1995 c.365 §2; 1995 c.416 §4]

Note: 537.139 (Failure to obtain authorization for access to certain land) was added to and made a part of 537.110 (Public ownership of waters) to 537.330 (Disclosure required in real estate transaction involving water right) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.