2015 ORS 540.533¹
Application for exchange of water

(1) As used in this section, person holding a water right, certificate or permit means a person that:

(a) Holds a water right established by court decree;

(b) Holds a water right certificate or a water right for which proof of beneficial use has been approved by the Water Resources Director or the Water Resources Commission;

(c) Is applying for or holds a permit issued under ORS 537.211 (Issuance of permit if application approved) for use of water for an in-stream purpose; or

(d) Holds a permit issued under ORS 537.135 (Permit required to appropriate water for recharging ground water sources) for recharging ground water within the Umatilla Basin.

(2) A person holding a water right, certificate or permit may apply to the 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 persons 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 or the permit for recharging ground water, but cannot economically convey the water to its point of use.

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

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

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

(b) The fee required under ORS 536.050 (Fees); and

(c) If the application for exchange is by a person that holds a permit issued under ORS 537.135 (Permit required to appropriate water for recharging ground water sources) for recharging ground water within the Umatilla Basin, evidence satisfactory to the director that the exchange will result in no net loss of flow in the Umatilla River. [1987 c.815 §2; 2011 c.281 §1]

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/­ors/­ors540.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 540, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano540.­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.