Chapter 537 Appropriation of Water Generally

Public Agency Water Use Registration

§ 537.040

Registration of water for road construction, maintenance or reconstruction

Geothermal Wells

§ 537.090		Laws applicable to geothermal wells
§ 537.095		Interference between geothermal well and other water appropriation

Water Use Reporting

§ 537.097		Verification of land ownership
§ 537.099		Water use report from governmental entity

Appropriation Under 1909 Act; Limited Licenses

§ 537.131		Reclaimed water
§ 537.110		Public ownership of waters
§ 537.120		Right of appropriation
§ 537.130		Permit to appropriate water required
§ 537.132		Exemption from permit requirement for use of reclaimed water
§ 537.133		Permittee’s right to enter on forestland

§ 537.135		Permit required to appropriate water for recharging ground water sources
§ 537.139		Failure to obtain authorization for access to certain land
§ 537.140		Application for permit
§ 537.141		Uses of water not requiring water right application, permit or certificate
§ 537.142		Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program
§ 537.143		Limited license to use or store surface or ground water or to use stored water
§ 537.144		Request for right to use water under limited license
§ 537.145		Notice of filing of application to appropriate water for hydroelectric purposes
§ 537.147		Permit to use stored water
§ 537.150		Filing of application
§ 537.153		Review of application
§ 537.160		Approval for beneficial use
§ 537.170		Contested case hearing on application
§ 537.225		Full or partial assignment of water right permit
§ 537.173		Exceptions to final order
§ 537.175		Time limit for issuing final order or scheduling contested case hearing
§ 537.190		Terms and conditions of approval
§ 537.211		Issuance of permit if application approved
§ 537.220		Assignment of application, permit or license
§ 537.227		Protest of application to assign all or part of water right permit
§ 537.230		Time allowed for construction of irrigation or other work
§ 537.240		Federal permit
§ 537.248		Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right
§ 537.249		Election to have proposed reservation considered as application for permit or rulemaking proceeding
§ 537.250		Water right certificate
§ 537.252		Certificate issued for land not described in permit
§ 537.260		Cancellation of permit for failure of proof of completion of appropriation
§ 537.270		Conclusiveness of certificate
§ 537.282		Definition of “municipal applicant”
§ 537.283		Procedure for applications to appropriate water for hydroelectric power
§ 537.285		Municipal applicant may develop hydroelectric project jointly with private person
§ 537.287		Rules for joint project of municipal applicant and private person
§ 537.289		Conditions to be imposed on permit of municipal corporation or district
§ 537.292		Conditions to be imposed on certificate of municipal corporation or district
§ 537.295		Cancellation of permit when holder fails to continue to qualify as municipal applicant
§ 537.297		Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant
§ 537.299		Consequences of cancellation of permit or certificate if holder no longer municipal applicant
§ 537.310		Acquisition of water rights for railway purposes
§ 537.320		Entry on land for survey purposes, preliminary to appropriation and diversion of waters
§ 537.330		Disclosure required in real estate transaction involving water right

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In Stream Water Rights

§ 537.338		Rules for state agency request for in-stream water right
§ 537.332		Definitions for ORS 537.332 to 537.360
§ 537.334		Findings
§ 537.336		State agencies authorized to request in-stream water rights
§ 537.341		Certificate for in-stream water right
§ 537.343		Proposed final order

§ 537.346		Conversion of minimum perennial streamflows to in-stream water rights
§ 537.348		Purchase, lease or gift of water right for conversion to in-stream water right
§ 537.349		Processing request for in-stream water right
§ 537.350		Legal status of in-stream water right
§ 537.352		Precedence of uses
§ 537.354		In-stream water right subject to emergency water shortage provisions
§ 537.356		Request for reservation of unappropriated water for future economic development
§ 537.358		Rules for reservation for future economic development
§ 537.360		Relationship between application for in-stream water right and application for certain hydroelectric permits

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Miscellaneous

§ 537.385		Extension of irrigation season
§ 537.390		Valuation of water rights
§ 537.395		Public recapture of water power rights and properties

Ponds and Reservoirs

§ 537.405		Exempt reservoirs
§ 537.407		Water right certificate for reservoirs existing before January 1, 1993
§ 537.409		Alternate permit application process for qualifying reservoirs
§ 537.400		Reservoir permits

Cancellation of Permit for Appropriation

§ 537.410		Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit
§ 537.420		Notice of hearing
§ 537.440		Cancellation of permit
§ 537.445		Hearing upon proposal to cancel permit or appropriation
§ 537.450		Rules for proof as to work and use of water under permits

Conservation and Use of Conserved Water

§ 537.480		Rules
§ 537.455		Definitions for ORS 537.455 to 537.500 and 540.510
§ 537.460		Legislative findings
§ 537.463		Applicability of ORS 537.455 to 537.500
§ 537.465		Application for allocation of conserved water
§ 537.470		Allocation of conserved water by commission

§ 537.485		Priority of right to use conserved water
§ 537.490		Use of conserved water
§ 537.495		Receipt by state agency or political subdivision of right to use conserved water
§ 537.500		Legal status of conserved water right

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Ground Water

§ 537.505		Short title
§ 537.515		Definitions for ORS 537.505 to 537.795 and 537.992
§ 537.525		Policy
§ 537.531		Legislative findings
§ 537.532		Injection of ground water into aquifers
§ 537.534		Rules for permitting and administering aquifer storage and recovery projects

§ 537.535		Unlawful use or appropriation of ground water, including well construction and operation
§ 537.545		Exempt uses
§ 537.575		Permits granted, approved or pending under former law
§ 537.585		Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered
§ 537.670		Determination of rights to appropriate ground water of ground water reservoir
§ 537.595		Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered
§ 537.605		Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595
§ 537.610		Recording registration statement
§ 537.615		Application for permit to acquire new right or enlarge existing right to appropriate ground water
§ 537.620		Determination of completeness of application
§ 537.621		Review of application
§ 537.622		Contested case hearing
§ 537.625		Final order
§ 537.626		Exceptions to final order
§ 537.635		Assignment of application, certificate of registration or permit
§ 537.627		Time limit for issuing final order or scheduling contested case hearing
§ 537.628		Terms
§ 537.629		Conditions or limitations to prevent interference with other users
§ 537.630		Time allowed for construction work under permit
§ 537.665		Investigation of ground water reservoirs
§ 537.675		Determination of rights in several reservoirs or of critical ground water area in same proceeding
§ 537.680		Taking testimony
§ 537.685		Findings of fact and order of determination
§ 537.690		Filing evidence, findings and determinations
§ 537.746		Mitigation credits for projects in Deschutes River Basin
§ 537.695		Conclusive adjudication
§ 537.700		Issuing ground water right certificate
§ 537.705		Ground water appurtenant
§ 537.720		Violation of terms of law or permit or certificate
§ 537.730		Designation of critical ground water area
§ 537.735		Rules designating critical ground water area
§ 537.740		Filing rules designating critical ground water area
§ 537.742		Contested case proceeding to limit use of ground water in critical ground water area
§ 537.745		Voluntary agreements among ground water users from same reservoir
§ 537.747		Water well constructor’s license
§ 537.750		Examination for license
§ 537.753		Bond or letter of credit
§ 537.762		Report of constructor before beginning work on well
§ 537.763		Water Resources Department Operating Fund
§ 537.783		Reinjection of geothermal fluids
§ 537.765		Log of constructing, altering, abandoning or converting well
§ 537.769		Local regulation of wells and water well constructors
§ 537.772		Pump tests
§ 537.775		Wasteful or defective wells
§ 537.777		Regulation of controlling works of wells and distribution of ground water
§ 537.780		Powers of Water Resources Commission
§ 537.785		Fees
§ 537.787		Investigation of violation of ground water laws
§ 537.789		Well identification number
§ 537.791		Request for well identification number
§ 537.793		Effect of failure to comply with ORS 537.789 or 537.791
§ 537.795		ORS 537.505 to 537.795 supplementary
§ 537.796		Rules regarding low temperature geothermal appropriations

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Water Right Examiners; Surveys

§ 537.797		Criteria for certification of land surveyors, engineers and geologists to determine work completion
§ 537.798		Water right examiner certificate
§ 537.799		Survey for issuance of water right certificate

Waste, Spring and Seepage Waters

§ 537.800

Waste, spring and seepage waters

Diversion of Waters From Basin of Origin

§ 537.801		Definitions
§ 537.803		Application proposing use of water outside of basin of origin
§ 537.805		Processing of application
§ 537.809		Reservation of water in basin of origin
§ 537.810		Diversion or appropriation of waters from basin of origin without legislative consent prohibited
§ 537.820		Application of provisions to waters forming common boundary between states

§ 537.830		Condemnation of waters for use outside basin of origin
§ 537.835		City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek
§ 537.840		Legislative consent
§ 537.850		Suits to protect state interests
§ 537.855		Domestic water supply district permitted to divert water out of state
§ 537.860		Vested rights protected
§ 537.870		Out-of-state municipalities

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Geotechnical Holes

§ 537.880		Policy
§ 537.885		Licensing or registration required for drilling of geotechnical hole
§ 537.890		Report form
§ 537.895		Water Resources Department Geotechnical Fund

Penalties

§ 537.990		Criminal penalties
§ 537.992		Civil penalties

General Provisions