2015 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.

Chapter 537

Notes of Decisions

Water control district, in applying for wa­ter appropria­tion permit for hydroelectric project, was exempt from licensing pro­vi­sions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.620 and needed only to comply with require­ments of this chapter. Steamboaters v. Winchester Water Control Dist., 69 Or App 596, 688 P2d 92 (1984), Sup Ct review denied

Atty. Gen. Opinions

Reserva­tion to state of all coal and other minerals in deed of land by state as reserva­tion of geothermal resources, (1980) Vol 41, p 298

Law Review Cita­tions

11 EL 387 (1981); 16 EL 583, 592 (1986); 28 WLR 285 (1992)


1 Legislative Counsel Committee, CHAPTER 537—Appropriation of Water Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors537.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 537, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano537.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.