2011 ORS § 537.160¹
Approval for beneficial use
- • agreement authorizing use of ditch for waste or seepage water
(1) Subject to the provisions of subsections (2) and (3) of this section, and of ORS 537.170 (Contested case hearing on application) and 537.190 (Terms and conditions of approval), the Water Resources Department shall approve all applications made in proper form which contemplate the application of water to a beneficial use, unless the proposed use conflicts with existing rights.
(2) The department may not approve an application for a permit to appropriate waste or seepage water, which is to be carried through an existing ditch or canal not owned wholly by the applicant until the applicant files with the department an agreement between the applicant and the owner of the ditch or canal, authorizing its use by the applicant to carry the water.
(3) The department shall reject every application for a permit to appropriate water to develop hydroelectric power if the department finds that the proposed project does not comply with the standards set forth in ORS 543.017 (Minimum standards for development of hydroelectric power) or rules adopted by the Water Resources Commission under ORS 543.017 (Minimum standards for development of hydroelectric power). [Amended by 1985 c.569 §18; 1985 c.673 §197; 1995 c.416 §12]