Oregon Law
Law as of Jan 1, 2024
Chapter contents
537.010Definition of “Water Rights Act.” 537.015[1993 c.654 §2; repealed by 2005 c.14 §4] 537.017[1993 c.654 §3; repealed by 2005 c.14 §4] 537.020[1993 c.654 §4; 1995 c.416 §43; 1999 c.664 §4; 2003 c.594 §8; repealed by 2005 c.14 §4] 537.022[1993 c.654 §5; repealed by 2005 c.14 §4] 537.025[1993 c.654 §6; repealed by 2005 c.14 §4] 537.027[1993 c.654 §7; repealed by 2005 c.14 §4] 537.030[1993 c.654 §8; repealed by 2005 c.14 §4] 537.032[1993 c.654 §9; repealed by 2005 c.14 §4] 537.040Registration of water for road construction, maintenance or reconstruction; fee; annual renewal statement; limitations; rules 537.090Laws applicable to geothermal wells 537.095Interference between geothermal well and other water appropriation 537.097Verification of land ownership; time limits; exception 537.099Water use report from governmental entity 537.101Reporting measured water use; rules 537.110Public ownership of waters 537.120Right of appropriation; vested rights protected 537.130Permit to appropriate water required; notification to owner of certain land 537.131Reclaimed water 537.132Exemption from permit requirement for use of reclaimed water; rules 537.133Permittee’s right to enter on forestland; notice 537.135Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception 537.139Failure to obtain authorization for access to certain land 537.140Application for permit; contents; maps and drawings 537.141Uses of water not requiring water right application, permit or certificate; rules 537.142Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program 537.143Limited license to use or store surface or ground water or to use stored water; rules 537.144Request for right to use water under limited license; fee 537.145Notice of filing of application to appropriate water for hydroelectric purposes 537.147Permit to use stored water; fee 537.150Filing of application; determination of completeness; initial review; preliminary determination; notice; public comments; fees 537.153Review of application; proposed final order; presumption that use will not impair or be detrimental to public interest; standing; protest; final order; contested case hearing 537.160Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water 537.170Contested case hearing on application; final order; appeal 537.173Exceptions to final order; modified order 537.175Time limit for issuing final order or scheduling contested case hearing; applicant request for extension 537.180[Amended by 1971 c.734 §78; 1985 c.673 §31; repealed by 1995 c.416 §50] 537.185[1971 c.734 §80; repealed by 1985 c.673 §185] 537.190Terms and conditions of approval; municipal water supplies; release of stored water 537.200[Amended by 1955 c.707 §37; repealed by 1971 c.734 §21] 537.210[Repealed by 1981 c.61 §1 (537.211 enacted in lieu of 537.210)] 537.211Issuance of permit if application approved; contents of permit; effect; rejection of application; change in permit terms 537.220Assignment of application, permit or license 537.225Full or partial assignment of water right permit; issuance of replacement permits 537.227Protest of application to assign all or part of water right permit 537.230Time allowed for construction of irrigation or other work; extension; survey; map; requirements for supplemental water right 537.240Federal permit; time for obtaining; cancellation; time for beginning and completing work 537.248Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension 537.249Election to have proposed reservation considered as application for permit or rulemaking proceeding 537.250Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights 537.252Certificate issued for land not described in permit; notice 537.260Cancellation of permit for failure of proof of completion of appropriation; issuance of limited certificate; contest of issuance of certificate; exception for municipalities 537.270Conclusiveness of certificate 537.280[Renumbered 537.335] 537.282Definition of “municipal applicant.” 537.283Procedure for applications to appropriate water for hydroelectric power; rules 537.285Municipal applicant may develop hydroelectric project jointly with private person; restrictions 537.287Rules for joint project of municipal applicant and private person 537.289Conditions to be imposed on permit of municipal corporation or district 537.290[Renumbered 537.340] 537.292Conditions to be imposed on certificate of municipal corporation or district 537.295Cancellation of permit when holder fails to continue to qualify as municipal applicant 537.297Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant 537.299Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare 537.300[Subsection (2) enacted as 1961 c.187 §2; 1985 c.673 §39; renumbered 537.345 and then 537.400 in 1987] 537.310Acquisition of water rights for railway purposes; certificates 537.320Entry on land for survey purposes, preliminary to appropriation and diversion of waters 537.330Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply 537.332Definitions for ORS 537.332 to 537.360 537.334Findings 537.335[Formerly 537.280; renumbered 537.390 in 1987] 537.336State agencies authorized to request in-stream water rights; agreement required when supply is stored water 537.338Rules for state agency request for in-stream water right 537.340[Formerly 537.290; renumbered 537.395 in 1987] 537.341Certificate for in-stream water right 537.343Proposed final order; conditions 537.345[Formerly 537.300; renumbered 537.400 in 1987] 537.346Conversion of minimum perennial streamflows to in-stream water rights; special provisions for Willamette Basin 537.348Purchase, lease or gift of water right for conversion to in-stream water right; priority dates; split use 537.349Processing request for in-stream water right 537.350Legal status of in-stream water right 537.352Precedence of uses 537.354In-stream water right subject to emergency water shortage provisions 537.356Request for reservation of unappropriated water for future economic development; priority date of reservation 537.358Rules for reservation for future economic development; application for use of reserved water 537.360Relationship between application for in-stream water right and application for certain hydroelectric permits 537.385Extension of irrigation season; rules; limitations 537.387Limitations on water use related to Cannabis plants 537.390Valuation of water rights 537.395Public recapture of water power rights and properties; no recapture of other rights 537.400Reservoir permits 537.405Exempt reservoirs; written notification to department; injury to other users 537.407Water right certificate for reservoirs existing before January 1, 1993; injury to other users; conversion of prior application to notice of exemption 537.409Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules 537.410Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit; irrigation districts, municipalities and public utilities excepted 537.420Notice of hearing 537.430[Repealed by 1971 c.734 §21] 537.440Cancellation of permit; priorities of other permits 537.445Hearing upon proposal to cancel permit or appropriation; cancellation suspended pending review 537.450Rules for proof as to work and use of water under permits; noncompliance as evidence in cancellation proceedings 537.455Definitions for ORS 537.455 to 537.500 and 540.510 537.460Legislative findings; policy 537.463Applicability of ORS 537.455 to 537.500 537.465Application for allocation of conserved water; submission; required contents 537.470Allocation of conserved water by commission; criteria; percentage to state; certificates showing change in original water right 537.475[1987 c.264 §5; repealed by 1993 c.641 §13] 537.480Rules; criteria for evaluating allocation and determining mitigation required 537.485Priority of right to use conserved water; choice of priority 537.490Use of conserved water; notice of dispensation of right to use 537.495Receipt by state agency or political subdivision of right to use conserved water 537.500Legal status of conserved water right 537.505Short title 537.510[Repealed by 1955 c.708 §38] 537.515Definitions for ORS 537.505 to 537.795 and 537.992 537.520[Repealed by 1955 c.708 §38] 537.525Policy 537.530[Repealed by 1955 c.708 §38] 537.531Legislative findings 537.532Injection of ground water into aquifers; standards 537.534Rules for permitting and administering aquifer storage and recovery projects; limited license for test program; fees 537.535Unlawful use or appropriation of ground water, including well construction and operation 537.540[Repealed by 1955 c.708 §38] 537.545Exempt uses; map; filing of use; fee; rules 537.550[Repealed by 1955 c.708 §38] 537.560[Repealed by 1955 c.708 §38] 537.570[Repealed by 1955 c.708 §38] 537.575Permits granted, approved or pending under former law 537.580[Repealed by 1955 c.708 §38] 537.585Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered 537.590[Repealed by 1955 c.708 §38] 537.595Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered 537.597[1989 c.939 §4; repealed by 1991 c.200 §3] 537.599[1989 c.939 §5; repealed by 1991 c.200 §3] 537.600[Repealed by 1955 c.708 §38] 537.605Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595; registration statement 537.610Recording registration statement; issuing certificate of registration; effect of certificate; rules; fees 537.615Application for permit to acquire new right or enlarge existing right to appropriate ground water; plans and drawings 537.620Determination of completeness of application; initial review; preliminary determination; notice; public comments 537.621Review of application; proposed final order; presumption; rebuttal; findings and conclusions; flow rate and duty; standing; protest; final order; contested case hearing 537.622Contested case hearing; parties; issues 537.625Final order; appeal; contents of permit 537.626Exceptions to final order; modified order 537.627Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus 537.628Terms; conditions; time limit for issuing final order after contested case hearing 537.629Conditions or limitations to prevent interference with other users 537.630Time allowed for construction work under permit; extension; certificate of completion; survey; ground water right certificate; requirements for supplemental water right 537.632[1959 c.437 §2; 1961 c.334 §10; renumbered 537.762] 537.635Assignment of application, certificate of registration or permit 537.665Investigation of ground water reservoirs; defining characteristics and assigning names and numbers 537.670Determination of rights to appropriate ground water of ground water reservoir 537.675Determination of rights in several reservoirs or of critical ground water area in same proceeding 537.680Taking testimony; inspecting evidence; contesting claim 537.685Findings of fact and order of determination 537.690Filing evidence, findings and determinations; court proceedings 537.695Conclusive adjudication 537.700Issuing ground water right certificate 537.705Ground water appurtenant; change in use, place of use or point of appropriation 537.710[Renumbered 537.800] 537.715[1955 c.708 §23; repealed by 1957 c.341 §12] 537.720Violation of terms of law or permit or certificate; action by Water Resources Commission 537.730Designation of critical ground water area; rules; notice 537.735Rules designating critical ground water area 537.740Filing rules designating critical ground water area 537.742Contested case proceeding to limit use of ground water in critical ground water area 537.743Program to remediate certain domestic water wells 537.744Domestic Well Remediation Fund 537.745Voluntary agreements among ground water users from same reservoir 537.746Mitigation credits for projects in Deschutes River Basin; relationship to water made available; rules; annual report 537.747Water well constructor’s license; rules; fees 537.750Examination for license 537.753Bond or letter of credit; landowner’s permit and bond; fee 537.756[1961 c.334 §7; 1971 c.591 §3; repealed by 1981 c.416 §10] 537.759[1961 c.334 §8; repealed by 1981 c.416 §10] 537.762Submitting start card before beginning work on well; rules; fees 537.763Water Resources Department Operating Fund 537.765Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission; rules 537.766Water Well Abandonment, Repair and Replacement Fund 537.767Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund 537.769Local regulation of wells and water well constructors 537.770[1955 c.708 §30; 1957 c.341 §9; repealed by 1961 c.334 §12] 537.772Pump tests; report; rules for waiver 537.775Wasteful or defective wells; permanent abandonment of old well 537.777Regulation of controlling works of wells and distribution of ground water 537.780Powers of Water Resources Commission; rules; limitations on authority 537.781Applying for injunction to address violation or potential violation 537.783Reinjection of geothermal fluids; rules and standards; water pollution control facilities permit 537.785Fees 537.786[1957 c.341 §3; repealed by 1969 c.629 §3] 537.787Investigation of violation of ground water laws; remedies for violation 537.788[1993 c.774 §8; repealed by 2005 c.14 §4] 537.789Well identification number 537.790[1955 c.708 §34; 1973 c.612 §15; repealed by 1985 c.673 §185] 537.791Request for well identification number 537.792[1985 c.615 §6; 1985 c.673 §200; 1991 c.734 §52; renumbered 537.992 in 1993] 537.793Effect of failure to comply with ORS 537.789 or 537.791 537.795ORS 537.505 to 537.795 supplementary 537.796Rules regarding low temperature geothermal appropriations 537.797Criteria for certification to determine work completion; rules 537.798Water right examiner certificate; regulation of profession; rules; fees 537.799Survey for issuance of water right certificate 537.800Waste, spring and seepage waters; laws governing 537.801Definitions; findings 537.803Application proposing use of water outside of basin of origin; contents 537.805Processing of application; hearing; action on application 537.807[1989 c.939 §6; repealed by 1991 c.200 §3] 537.809Reservation of water in basin of origin 537.810Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions 537.820Application of provisions to waters forming common boundary between states 537.830Condemnation of waters for use outside basin of origin 537.835City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek 537.840Legislative consent; filing of certified copy; appropriation rights and procedure 537.850Suits to protect state interests; right of redress to private persons 537.855Domestic water supply district permitted to divert water out of state; conditions 537.860Vested rights protected 537.870Out-of-state municipalities; acquisition of land and water rights in Oregon 537.872Place-Based Water Planning Fund 537.873Place-based water planning grants; rules 537.880Policy; log requirement; reporting 537.885Licensing or registration required for drilling of geotechnical hole 537.890Report form; rules; fees 537.895Water Resources Department Geotechnical Fund 537.896Water supplier records; rules 537.897Records of purchases from water suppliers; rules 537.898Hauling water used for Cannabis plants 537.990Criminal penalties 537.992Civil penalties; schedule of penalties; rules

Chapter 537 — Appropriation of Water Generally

ORS 537.535 Unlawful use or appropriation of ground water, including well construction and operation

(1)

No person or public agency shall use or attempt to use any ground water, construct or attempt to construct any well or other means of developing and securing ground water or operate or permit the operation of any well owned or controlled by such person or public agency except upon compliance with ORS 537.505 to 537.795 and 537.992 and any applicable order or rule adopted by the Water Resources Commission under ORS 537.505 to 537.795 and 537.992.

(2)

Except for those uses exempted under ORS 537.545, the use of ground water for any purpose, without a permit issued under ORS 537.625 or registration under ORS 537.605, is an unlawful appropriation of ground water.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.