2015 ORS 537.144¹
Request for right to use water under limited license
  • fee

(1) Any person requesting the right to use water under a limited license under ORS 537.143 (Limited license to use or store surface or ground water or to use stored water) shall notify the Water Resources Department on a form provided by the department.

(2) If the request submitted under subsection (1) of this section is to use stored water for purposes for which the stored water is authorized and pursuant to a contract between the user and a local, state or federal government:

(a) The person also shall submit:

(A) A copy of the contract;

(B) A map indicating the point of diversion and the place of use; and

(C) Any other information required by the Water Resources Commission that is necessary to evaluate the request as established by statute and the rules of the commission.

(b) Upon the filing of the request under this subsection, the department shall determine whether the request contains the information listed under paragraph (a) of this subsection and is complete and not defective, including the payment of any fee required by the commission. If the department determines that the request is incomplete or defective or that all fees have not been paid, the department shall return all fees and the request. If the department determines that a request contains the information listed under paragraph (a) of this subsection and is complete and not defective, the department shall proceed with the review of the request and issuance of the limited license if the use complies with the requirements of ORS 537.143 (Limited license to use or store surface or ground water or to use stored water).

(3) The notification required under subsection (1) or (2) of this section shall be accompanied by the fee established by rule by the Water Resources Commission.

(4) The department shall notify the person whether the department grants the limited license.

(5) A request for the right to use stored water under a limited license as described in subsection (2) of this section may be made concurrently with an application for a permit to appropriate water under ORS 537.140 (Application for permit). [1989 c.933 §3; 1995 c.274 §11; 1997 c.366 §2]

Atty. Gen. Opinions

Storage rights to store wa­ter for later beneficial use are not subordinate to later priority direct use rights unless made so by ex­plic­it condi­tions imposed on storage right, (1989) Vol 46, p 290

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.