ORS Chapter 537

Chapter 537 — Appropriationof Water Generally

2009 EDITION

APPROPRIATIONOF WATER GENERALLY

WATERLAWS

GENERALPROVISIONS

537.010 Definitionof “Water Rights Act”

PUBLICAGENCY WATER USE REGISTRATION

537.040 Registrationof water for road construction, maintenance or reconstruction; fee; annualrenewal statement; limitations; rules

GEOTHERMALWELLS

537.090 Lawsapplicable to geothermal wells

537.095 Interferencebetween geothermal well and other water appropriation

WATERUSE REPORTING

537.097 Verificationof land ownership; time limits; exception

537.099 Wateruse report from governmental entity

APPROPRIATIONUNDER 1909 ACT; LIMITED LICENSES

537.110 Publicownership of waters

537.120 Rightof appropriation; vested rights protected

537.130 Permitto appropriate water required; notification to owner of certain land

537.131 Reclaimedwater

537.132 Exemptionfrom permit requirement for use of reclaimed water; rules

537.133 Permittee’sright to enter on forestland; notice

537.135 Permitrequired to appropriate water for recharging ground water sources; minimumperennial streamflow required for permit; exception

537.139 Failureto obtain authorization for access to certain land

537.140 Applicationfor permit; contents; maps and drawings

537.141 Usesof water not requiring water right application, permit or certificate; rules

537.142 Waterright permit or certificate not required for egg incubation project undersalmon and trout enhancement program

537.143 Limitedlicense to use or store surface or ground water or to use stored water; rules

537.144 Requestfor right to use water under limited license; fee

537.145 Noticeof filing of application to appropriate water for hydroelectric purposes

537.147 Permitto use stored water; fee

537.150 Filingof application; determination of completeness; initial review; preliminarydetermination; notice; public comments; fees

537.153 Reviewof application; proposed final order; presumption that use will not impair orbe detrimental to public interest; standing; protest; final order; contestedcase hearing

537.160 Approvalfor beneficial use; agreement authorizing use of ditch for waste or seepagewater

537.170 Contestedcase hearing on application; final order; appeal

537.173 Exceptionsto final order; modified order

537.175 Timelimit for issuing final order or scheduling contested case hearing; applicantrequest for extension

537.190 Termsand conditions of approval; municipal water supplies; release of stored water

537.211 Issuanceof permit if application approved; contents of permit; effect; rejection ofapplication; change in use allowed under permit

537.220 Assignmentof application, permit or license

537.230 Timeallowed for construction of irrigation or other work; extension; survey; map;requirements for supplemental water right

537.240 Federalpermit; time for obtaining; cancellation; time for beginning and completingwork

537.248 Requirementto include in reservoir permit date for beginning and completing constructionand for perfecting water right; extension

537.249 Electionto have proposed reservation considered as application for permit or rulemakingproceeding

537.250 Waterright certificate; issuance; inclusion of land not described in permit;recordation; duration of rights

537.252 Certificateissued for land not described in permit; notice

537.260 Cancellationof permit for failure of proof of completion of appropriation; issuance oflimited certificate; contest of issuance of certificate; exception formunicipalities

537.270 Conclusivenessof certificate

537.282 Definitionof “municipal applicant”

537.283 Procedurefor applications to appropriate water for hydroelectric power; rules

537.285 Municipalapplicant may develop hydroelectric project jointly with private person;restrictions

537.287 Rulesfor joint project of municipal applicant and private person

537.289 Conditionsto be imposed on permit of municipal corporation or district

537.292 Conditionsto be imposed on certificate of municipal corporation or district

537.295 Cancellationof permit when holder fails to continue to qualify as municipal applicant

537.297 Cancellationof water right certificate when holder fails to continue to qualify asmunicipal applicant

537.299 Consequencesof cancellation of permit or certificate if holder no longer municipalapplicant; conditions to protect public health and welfare

537.310 Acquisitionof water rights for railway purposes; certificates

537.320 Entryon land for survey purposes, preliminary to appropriation and diversion ofwaters

537.330 Disclosurerequired in real estate transaction involving water right; exception; deliveryof available permit, order or certificate; effect of failure to comply

IN-STREAMWATER RIGHTS

537.332 Definitionsfor ORS 537.332 to 537.360

537.334 Findings

537.336 Stateagencies authorized to request in-stream water rights; agreement required whensupply is stored water

537.338 Rulesfor state agency request for in-stream water right

537.341 Certificatefor in-stream water right

537.343 Proposedfinal order; conditions

537.346 Conversionof minimum perennial streamflows to in-stream water rights; special provisionsfor Willamette Basin

537.348 Purchase,lease or gift of water right for conversion to in-stream water right; prioritydates

537.349 Processingrequest for in-stream water right

537.350 Legalstatus of in-stream water right

537.352 Precedenceof uses

537.354 In-streamwater right subject to emergency water shortage provisions

537.356 Requestfor reservation of unappropriated water for future economic development;priority date of reservation

537.358 Rulesfor reservation for future economic development; application for use ofreserved water

537.360 Relationshipbetween application for in-stream water right and application for certainhydroelectric permits

MISCELLANEOUS

537.385 Extensionof irrigation season; rules; limitations

537.390 Valuationof water rights

537.395 Publicrecapture of water power rights and properties; no recapture of other rights

PONDSAND RESERVOIRS

537.400 Reservoirpermits

537.405 Exemptreservoirs; written notification to department; injury to other users

537.407 Waterright certificate for reservoirs existing before January 1, 1993; injury toother users; conversion of prior application to notice of exemption

537.409 Alternatepermit application process for qualifying reservoirs; injury to existing usersor fishery resources; public interest review; rules

CANCELLATIONOF PERMIT FOR APPROPRIATION

537.410 Failureto commence or complete work, or to properly apply water, as grounds forcancellation of permit; irrigation districts, municipalities and publicutilities excepted

537.420 Noticeof hearing

537.440 Cancellationof permit; priorities of other permits

537.445 Hearingupon proposal to cancel permit or appropriation;

cancellationsuspended pending review

537.450 Rulesfor proof as to work and use of water under permits; noncompliance as evidencein cancellation proceedings

CONSERVATIONAND USE OF CONSERVED WATER

537.455 Definitionsfor ORS 537.455 to 537.500 and 540.510

537.460 Legislativefindings; policy

537.463 Applicabilityof ORS 537.455 to 537.500

537.465 Applicationfor allocation of conserved water; submission; required contents

537.470 Allocationof conserved water by commission; criteria; percentage to state; certificatesshowing change in original water right

537.480 Rules;criteria for evaluating allocation and determining mitigation required

537.485 Priorityof right to use conserved water; choice of priority

537.490 Useof conserved water; notice of dispensation