ORS 537.211
Issuance of permit if application approved

  • contents of permit
  • effect
  • rejection of application
  • change in permit terms

(1)

The approval of an application referred to in ORS 537.140 (Application for permit) or 537.400 (Reservoir permits) shall be set forth in a water right permit issued by the Water Resources Department. The permit shall specify the details of the authorized use and shall set forth any terms, limitations and conditions as the department considers appropriate including but not limited to any applicable condition required under ORS 537.289 (Conditions to be imposed on permit of municipal corporation or district). A copy of the permit shall be filed as a public record in the department. The permit shall be mailed to the applicant, and upon receipt of the permit the permittee may proceed with the construction of the necessary works and may take all action required to apply the water to the designated beneficial use and to perfect the proposed appropriation.

(2)

Except as provided in subsection (6) of this section, if an application under ORS 537.140 (Application for permit) or 537.400 (Reservoir permits) indicates that the applicant does not have written authorization or an easement permitting access to nonowned land crossed by the proposed ditch, canal or other work, the department may issue a final order approving the application if the approval includes a condition requiring the applicant to obtain such written authorization, or easement or ownership of such land and to provide the department with a copy of the written authorization, easement or evidence of ownership.

(3)

If an application referred to in ORS 537.140 (Application for permit) or 537.400 (Reservoir permits) is rejected, the department shall enter a written order setting forth the reasons for the rejection. The applicant shall take no action toward construction of the works or use of the water. The department shall mail a copy of the order to the applicant.

(4)

The holder of a water right permit may change the point of diversion, change the point of appropriation, change the point of diversion to allow the appropriation of ground water or use the water on land to which the right is not appurtenant if:

(a)

The use of water on land to which the right is not appurtenant, the change of point of diversion or the change in point of appropriation does not result in injury to an existing water right;

(b)

For a proposed change in the place of use of the water, the land on which the water is to be used is owned or controlled by the holder of the permit and is contiguous to the land to which the permit is appurtenant;

(c)

All other terms of the permit remain the same, including but not limited to the beneficial use for which the water is used and the number of acres to which water is applied;

(d)

Prior approval is obtained from the district if the water is transported or conveyed by an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a water improvement district organized under ORS chapter 552, a water control district organized under ORS chapter 553 or a district improvement company or a corporation organized under ORS chapter 554;

(e)

The holder of the permit provides written notice to the department at least 60 days before making any changes to the lands, point of diversion or point of appropriation described in the permit;

(f)

The holder of the permit complies with the publication requirements of ORS 540.520 (Application for change of use, place of use or point of diversion) (5), if applicable;

(g)

Diversion is provided with a proper fish screen, if requested by the State Department of Fish and Wildlife; and

(h)

For a request to transfer the point of diversion to allow the appropriation of ground water, the proposed change meets the standards set forth in ORS 540.531 (Transfer of surface water point of diversion to ground water) (2) or (3).

(5)

Notwithstanding the requirements of subsection (4)(b) of this section, the holder of a water right permit may change the place of use of all or any portion of water under the permit to land that is not contiguous to the land to which the permit is appurtenant if:

(a)

The change to noncontiguous land is in furtherance of mitigation or conservation efforts undertaken for the purposes of benefiting a species listed as sensitive, threatened or endangered under ORS 496.171 (Definitions for ORS 496.171 to 496.182) to 496.192 (Effect of law on commercial forestland or other private land) or the federal Endangered Species Act of 1973 (16 U.S.C. 1531 to 1544), as determined by the listing agency; and

(b)

All other requirements of subsection (4) of this section are met.

(6)

For an application made by or on behalf of a public corporation, the department may issue a permit approving the application without requiring the applicant to obtain prior written authorization or an easement permitting access to nonowned lands affected by the proposed project. However, nothing in this subsection shall be construed to allow any person to trespass on the lands of another person.

(7)

When the department receives notice under subsection (4)(e) of this section, the department shall publish the notice in the department’s weekly public notice of water right applications.

(8)

If the use of water under the permit is for operation of a mining operation as defined in ORS 517.952 (Definitions for ORS 517.952 to 517.989):

(a)

Review of the application and approval or denial of the application shall be coordinated with the consolidated application process under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application). However, such review and approval or denial shall take into consideration all policy considerations for the appropriation of water as set forth in this chapter and ORS chapter 536.

(b)

The permit may be issued for exploration under ORS 517.702 (Legislative findings) to 517.740 (Rules), but the permit shall be conditioned on the applicant’s compliance with the consolidated application process.

(c)

The permit shall include a condition that additional conditions may be added to the use of water when a water right certificate is issued, or when the use of water is changed pursuant to ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) to use for a mine.

(9)

As used in this section, “contiguous” includes land separated from the land to which a water right is appurtenant by roads, utility corridors, irrigation ditches or publicly owned rights of way. [1981 c.61 §2 (enacted in lieu of 537.210); 1985 c.392 §10; 1985 c.673 §33; 1991 c.735 §33; 1995 c.365 §4; 1995 c.368 §1; 1995 c.416 §16a; 1997 c.42 §1; 1997 c.446 §3; 1999 c.611 §1; 1999 c.664 §6; 2003 c.705 §2; 2013 c.371 §32]

Source: Section 537.211 — Issuance of permit if application approved; contents of permit; effect; rejection of application; change in permit terms, https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html.

537.010
Definition of “Water Rights Act.”
537.040
Registration of water for road construction, maintenance or reconstruction
537.090
Laws applicable to geothermal wells
537.095
Interference between geothermal well and other water appropriation
537.097
Verification of land ownership
537.099
Water use report from governmental entity
537.110
Public ownership of waters
537.120
Right of appropriation
537.130
Permit to appropriate water required
537.131
Reclaimed water
537.132
Exemption from permit requirement for use of reclaimed water
537.133
Permittee’s right to enter on forestland
537.135
Permit required to appropriate water for recharging ground water sources
537.139
Failure to obtain authorization for access to certain land
537.140
Application for permit
537.141
Uses of water not requiring water right application, permit or certificate
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
537.144
Request for right to use water under limited license
537.145
Notice of filing of application to appropriate water for hydroelectric purposes
537.147
Permit to use stored water
537.150
Filing of application
537.153
Review of application
537.160
Approval for beneficial use
537.170
Contested case hearing on application
537.173
Exceptions to final order
537.175
Time limit for issuing final order or scheduling contested case hearing
537.190
Terms and conditions of approval
537.211
Issuance of permit if application approved
537.220
Assignment of application, permit or license
537.225
Full or partial assignment of water right permit
537.227
Protest of application to assign all or part of water right permit
537.230
Time allowed for construction of irrigation or other work
537.240
Federal permit
537.248
Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right
537.249
Election to have proposed reservation considered as application for permit or rulemaking proceeding
537.250
Water right certificate
537.252
Certificate issued for land not described in permit
537.260
Cancellation of permit for failure of proof of completion of appropriation
537.270
Conclusiveness of certificate
537.282
Definition of “municipal applicant.”
537.283
Procedure for applications to appropriate water for hydroelectric power
537.285
Municipal applicant may develop hydroelectric project jointly with private person
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
537.292
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
537.310
Acquisition of water rights for railway purposes
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
537.332
Definitions for ORS 537.332 to 537.360
537.334
Findings
537.336
State agencies authorized to request in-stream water rights
537.338
Rules for state agency request for in-stream water right
537.341
Certificate for in-stream water right
537.343
Proposed final order
537.346
Conversion of minimum perennial streamflows to in-stream water rights
537.348
Purchase, lease or gift of water right for conversion to in-stream water right
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
537.358
Rules for reservation for future economic development
537.360
Relationship between application for in-stream water right and application for certain hydroelectric permits
537.385
Extension of irrigation season
537.390
Valuation of water rights
537.395
Public recapture of water power rights and properties
537.400
Reservoir permits
537.405
Exempt reservoirs
537.407
Water right certificate for reservoirs existing before January 1, 1993
537.409
Alternate permit application process for qualifying reservoirs
537.410
Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit
537.420
Notice of hearing
537.440
Cancellation of permit
537.445
Hearing upon proposal to cancel permit or appropriation
537.450
Rules for proof as to work and use of water under permits
537.455
Definitions for ORS 537.455 to 537.500 and 540.510
537.460
Legislative findings
537.463
Applicability of ORS 537.455 to 537.500
537.465
Application for allocation of conserved water
537.470
Allocation of conserved water by commission
537.480
Rules
537.485
Priority of right to use conserved water
537.490
Use of conserved water
537.495
Receipt by state agency or political subdivision of right to use conserved water
537.500
Legal status of conserved water right
537.505
Short title
537.515
Definitions for ORS 537.505 to 537.795 and 537.992
537.525
Policy
537.531
Legislative findings
537.532
Injection of ground water into aquifers
537.534
Rules for permitting and administering aquifer storage and recovery projects
537.535
Unlawful use or appropriation of ground water, including well construction and operation
537.545
Exempt uses
537.575
Permits granted, approved or pending under former law
537.585
Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered
537.595
Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered
537.605
Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595
537.610
Recording registration statement
537.615
Application for permit to acquire new right or enlarge existing right to appropriate ground water
537.620
Determination of completeness of application
537.621
Review of application
537.622
Contested case hearing
537.625
Final order
537.626
Exceptions to final order
537.627
Time limit for issuing final order or scheduling contested case hearing
537.628
Terms
537.629
Conditions or limitations to prevent interference with other users
537.630
Time allowed for construction work under permit
537.635
Assignment of application, certificate of registration or permit
537.665
Investigation of ground water reservoirs
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
537.685
Findings of fact and order of determination
537.690
Filing evidence, findings and determinations
537.695
Conclusive adjudication
537.700
Issuing ground water right certificate
537.705
Ground water appurtenant
537.720
Violation of terms of law or permit or certificate
537.730
Designation of critical ground water area
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
537.743
Program to remediate certain domestic water wells
537.744
Domestic Well Remediation Fund
537.745
Voluntary agreements among ground water users from same reservoir
537.746
Mitigation credits for projects in Deschutes River Basin
537.747
Water well constructor’s license
537.750
Examination for license
537.753
Bond or letter of credit
537.762
Report of constructor before beginning work on well
537.763
Water Resources Department Operating Fund
537.765
Log of constructing, altering, abandoning or converting well
537.766
Water Well Abandonment, Repair and Replacement Fund
537.767
Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund
537.769
Local regulation of wells and water well constructors
537.772
Pump tests
537.775
Wasteful or defective wells
537.777
Regulation of controlling works of wells and distribution of ground water
537.780
Powers of Water Resources Commission
537.781
Applying for injunction to address violation or potential violation
537.783
Reinjection of geothermal fluids
537.785
Fees
537.787
Investigation of violation of ground water laws
537.789
Well identification number
537.791
Request for well identification number
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
537.797
Criteria for certification of land surveyors, engineers and geologists to determine work completion
537.798
Water right examiner certificate
537.799
Survey for issuance of water right certificate
537.800
Waste, spring and seepage waters
537.801
Definitions
537.803
Application proposing use of water outside of basin of origin
537.805
Processing of application
537.809
Reservation of water in basin of origin
537.810
Diversion or appropriation of waters from basin of origin without legislative consent prohibited
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
537.850
Suits to protect state interests
537.855
Domestic water supply district permitted to divert water out of state
537.860
Vested rights protected
537.870
Out-of-state municipalities
537.880
Policy
537.885
Licensing or registration required for drilling of geotechnical hole
537.890
Report form
537.895
Water Resources Department Geotechnical Fund
537.990
Criminal penalties
537.992
Civil penalties
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