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]

Source: Section 537.130 — Permit to appropriate water required; notification to owner of certain land, https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html.

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)

537.010
Definition of “Water Rights Act.” 537.040
Registration of water for road construction, maintenance or reconstruction 537.090
Laws applicable to geothermal wells 537.095
Interference between geothermal well and other water appropriation 537.097
Verification of land ownership 537.099
Water use report from governmental entity 537.110
Public ownership of waters 537.120
Right of appropriation 537.130
Permit to appropriate water required 537.131
Reclaimed water 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 537.173
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 537.225
Full or partial assignment of water right permit 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 537.332
Definitions for ORS 537.332 to 537.360 537.334
Findings 537.336
State agencies authorized to request in-stream water rights 537.338
Rules for state agency request for in-stream water right 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 537.385
Extension of irrigation season 537.390
Valuation of water rights 537.395
Public recapture of water power rights and properties 537.400
Reservoir permits 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 537.410
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 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 537.480
Rules 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 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 537.595
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 537.627
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 537.635
Assignment of application, certificate of registration or permit 537.665
Investigation of ground water reservoirs 537.670
Determination of rights to appropriate ground water of ground water reservoir 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 537.695
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 537.743
Program to remediate certain domestic water wells 537.744
Domestic Well Remediation Fund 537.745
Voluntary agreements among ground water users from same reservoir 537.746
Mitigation credits for projects in Deschutes River Basin 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 537.765
Log of constructing, altering, abandoning or converting well 537.766
Water Well Abandonment, Repair and Replacement Fund 537.767
Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund 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 537.781
Applying for injunction to address violation or potential violation 537.783
Reinjection of geothermal fluids 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 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 537.800
Waste, spring and seepage waters 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 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 537.990
Criminal penalties 537.992
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 537.130’s source at oregon​.gov