2017 ORS 537.610¹
Recording registration statement
  • issuing certificate of registration
  • effect of certificate
  • rules
  • fees

(1) The Water Resources Commission shall accept all registration statements referred to in ORS 537.605 (Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595) completed and returned to the commission in proper form, endorse on the registration statement the date of the return and record each statement. Upon recording the statement, the commission shall issue to the registrant a certificate as evidence that the registration is completed.

(2) The issuance of the certificate of registration serves as prima facie evidence that the registrant is entitled to a right to appropriate ground water and apply it to beneficial use to the extent and in the manner disclosed in the recorded registration statement and in the certificate of registration.

(3) A certificate of registration issued under this section may not be construed as a final determination of any matter stated in the certificate of registration. The right of the registrant to appropriate ground water under a certificate of registration is subject to determination under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication), and is not final or conclusive until so determined and a ground water right certificate issued. A right to appropriate ground water under a certificate of registration has a tentative priority from the date when the construction of the well was begun.

(4) The commission shall adopt by rule the process and standards by which the commission will recognize changes in the place of use, type of use or point of appropriation for claims to appropriate ground water registered under this section. The commission shall adopt fees not to exceed $1,450 for actions taken to modify a certificate of registration. [1955 c.708 §8; 1985 c.673 §51; 2005 c.614 §1; 2009 c.819 §§8,15; 2013 c.644 §§6,7; 2017 c.571 §§5,6]

Notes of Decisions

Ground Water Act of 1955, construed together with ORS chapter 536, governing ad­min­is­tra­­tion of wa­ter resources generally, cannot be read as expressly prohibiting local bodies from engaging in regulatory ac­tivity consistent with statute or agency regula­tions. Water Resources Dept. v. City of Klamath Falls, 68 Or App 148, 682 P2d 779 (1984), Sup Ct review denied

Atty. Gen. Opinions

Require­ments for exploring for or produc­tion of geothermal or oil or gas resources, (1974) Vol 37, p 68

Law Review Cita­tions

4 EL 333 (1974); 47 WLR 405 (2011)

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 537, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano537.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.