Appropriation of Water Generally

ORS 537.130
Permit to appropriate water required

  • notification to owner of certain land

(1)

Except for a use exempted under ORS 537.040 (Registration of water for road construction, maintenance or reconstruction), 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) or 537.800 (Waste, spring and seepage waters) or under the registration system set forth in ORS 537.132 (Exemption from permit requirement for use of reclaimed water), any person intending to acquire the right to the beneficial use of any of the surface waters of this state shall, before beginning construction, enlargement or extension of any ditch, canal or other distributing or controlling works, or performing any work in connection with the construction, or proposed appropriation, make an application to the Water Resources Department for a permit to make the appropriation.

(2)

Except for a use exempted under ORS 537.040 (Registration of water for road construction, maintenance or reconstruction), 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) or 537.800 (Waste, spring and seepage waters) or under the registration system set forth in ORS 537.132 (Exemption from permit requirement for use of reclaimed water), a person may not use, store or divert any waters until after the department issues a permit to appropriate the waters.

(3)

The department may not issue a permit without notifying the owner, as identified in the application, of any land to be crossed by the proposed ditch, canal or other work as set forth in the application filed pursuant to ORS 537.140 (Application for permit). The department shall provide the notice even if the applicant has obtained written authorization or an easement from the owner.

(4)

If more than 25 persons are identified in the application as required under subsection (3) of this section, the department may provide the notice required under subsection (3) of this section by publishing notice of the application in a newspaper having general circulation in the area in which the proposed ditch, canal or other work is located at least once each week for at least two successive weeks. The cost of the publication shall be paid by the applicant in advance to the department. [Amended by 1985 c.310 §3; 1985 c.673 §25; 1989 c.509 §3; 1991 c.370 §4; 1995 c.365 §1; 1995 c.416 §2a; 2005 c.14 §2; 2011 c.52 §2]

Notes of Decisions

The exercise of water rights established prior to appropriation under this chapter as between the original grantors of the right and their grantees or as between their respective successors in interest is not unlawful. Jewell v. Kroo, 268 Or 103, 517 P2d 657, 518 P2d 1305 (1973)

Attorney General Opinions

Storage rights to store water for later beneficial use are not subordinate to later priority direct use rights unless made so by explicit conditions imposed on storage right, (1989) Vol 46, p 290

Law Review Citations

16 EL 583, 592 (1986); 21 EL 7 (1991)

Source

Last accessed
Mar. 11, 2023

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