ORS 540.533¹
Application for exchange of water
  • fee

(1) Any person holding a water right established by court decree, a water right certificate or a water right for which proof of beneficial use has been approved by the Water Resources Director or Water Resources Commission or any person applying for or holding a permit issued under ORS 537.211 (Issuance of permit if application approved) for use of water for an in-stream purpose may apply to the Water Resources Commission for permission to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount to satisfy prior appropriations from the other source, if:

(a) The source of the person’s appropriation is at times insufficient to fully satisfy the appropriation;

(b) Better conservation and use of the waters of the state can be accomplished; or

(c) The person can develop water for appropriation under the permit for use of water for an in-stream purpose, but cannot economically convey the water to its point of use.

(2) A person may apply for an exchange under this section among any combination of surface, storage or ground water rights.

(3) An application for exchange shall be accompanied by:

(a) Any map, plan or other information required by the commission; and

(b) The fee required under ORS 536.050 (Fees). [1987 c.815 §2]

Notes of Decisions

These sec­tions provide that wa­ter right owner shall not change point of diversion unless he files applica­tion and complies with statutory pro­ce­dures. Huff v. Bretz, 285 Or 507, 592 P2d 204 (1979)

Atty. Gen. Opinions

Right of downstream owners of appropriative wa­ter rights to continua­tion of the flow, (1973) Vol 36, p 318; applica­tion of wa­ter outside irriga­tion season or for use not authorized by permit, (1977) Vol 38, p 1045

Chapter 540

Law Review Cita­tions

11 EL 390 (1981)

1 Legislative Counsel Committee, CHAPTER 540—Distribution of Water; Watermasters; Change in Use, Transfer or Forfeiture of Water Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors540.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 540, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­540ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information