ORS 537.141
Uses of water not requiring water right application, permit or certificate

  • rules

(1)

The following water uses do not require an application under ORS 537.130 (Permit to appropriate water required) or 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water), a water right permit under ORS 537.211 (Issuance of permit if application approved) or a water right certificate under ORS 537.250 (Water right certificate):

(a)

Emergency fire-fighting uses;

(b)

Nonemergency fire-fighting training, provided:

(A)

The source of the water is existing storage and the use occurs with permission of the owner of the stored water; or

(B)

If the source of water is other than existing storage, the use occurs with the prior written approval of the watermaster in the district where the training will take place and subject to any conditions the watermaster determines are necessary to prevent injury to existing water rights and to protect in-stream resources;

(c)

Water uses that divert water to water tanks or troughs from a reservoir for a use allowed under an existing water right permit or certificate for the reservoir;

(d)

Fish screens, fishways and fish by-pass structures, as exempted by rule of the Water Resources Commission;

(e)

Land management practices intended to save soil and improve water quality by temporarily impeding or changing the natural flow of diffuse surface water across agricultural lands when storage of public waters is not an intended purpose. Such practices include but are not limited to:

(A)

Terraces;

(B)

Dikes;

(C)

Retention dams and other temporary impoundments; and

(D)

Agronomic practices designed to improve water quality and control surface runoff to prevent erosion, such as ripping, pitting, rough tillage and cross slope farming;

(f)

Livestock watering operations that comply with the requirements under subsections (2) and (3) of this section;

(g)

Forest management activities that require the use of water in conjunction with mixing pesticides as defined in ORS 634.006 (Definitions), or in slash burning;

(h)

The collection of precipitation water from an artificial impervious surface and the use of such water;

(i)

Land application of ground water so long as the ground water:

(A)

Has first been appropriated and used under a permit or certificate issued under ORS 537.625 (Final order) or 537.630 (Time allowed for construction work under permit) for a water right issued for industrial purposes or a water right authorizing use of water for confined animal feeding purposes;

(B)

Is reused for irrigation purposes and the period of irrigation is a period during which the reused water has never been discharged to the waters of the state; and

(C)

Is applied pursuant to a permit issued by the Department of Environmental Quality or the State Department of Agriculture under either ORS 468B.050 (Water quality permit) to construct and operate a disposal system or ORS 468B.215 (Fees) to operate a confined animal feeding operation; and

(j)

Surface mining practices that result in the removal of water from a surface mine subject to an operating permit or reclamation plan approved by the State Department of Geology and Mineral Industries, unless the water is used for a subsequent beneficial use.

(2)

The use of surface water for livestock watering may be exempted under subsection (1) of this section if:

(a)

The water is diverted from a stream or other surface water source to a trough or tank through an enclosed water delivery system;

(b)

The delivery system either is equipped with an automatic shutoff or flow control mechanism or includes a means for returning water to the surface water source through an enclosed delivery system; and

(c)

The operation is located on land from which the livestock would otherwise have legal access to both the use and source of the surface water source.

(3)

If the diversion system described in subsection (2) of this section is located within or above a scenic waterway, the amount of water that may be used without a water right is limited to one-tenth of one cubic foot per second per 1,000 head of livestock. Nothing in this section shall prevent the Water Resources Commission from approving an application for a water right permit for a delivery system not qualifying under subsection (2) of this section.

(4)

The Water Resources Department, in conjunction with local soil and water conservation districts, the Oregon State University Extension Service, the State Department of Agriculture and the State Department of Fish and Wildlife and any other organization interested in participating, shall develop and implement a voluntary educational program on livestock management techniques designed to keep livestock away from streams and riparian areas.

(5)

To qualify for an exempt use under subsection (1)(g) of this section, the user shall:

(a)

Submit notice of the proposed use, including the identification of the proposed water source, to the Water Resources Department and to the State Department of Fish and Wildlife at the time notice is provided to other affected agencies pursuant to ORS 527.670 (Commencement of operations); and

(b)

Comply with any restrictions imposed by the department pertaining to sources of water that may not be used in conjunction with the proposed activity.

(6)

Except for the use of water under subsection (1)(i) of this section, the Water Resources Commission by rule may require any person or public agency diverting water as described in subsection (1) of this section to furnish information with regard to such water and the use thereof. For a use of water described in subsection (1)(i) of this section, the Department of Environmental Quality or the State Department of Agriculture shall provide to the Water Resources Department a copy of the permit issued under ORS 468B.050 (Water quality permit) or 468B.215 (Fees) authorizing the land application of ground water for reuse. The permit shall provide the information regarding the place of use of such water and the nature of the beneficial reuse. [1993 c.595 §3; 1995 c.184 §1; 1995 c.274 §9a; 1995 c.537 §2; 1995 c.752 §7; 1997 c.199 §1; 1997 c.244 §2; 1999 c.335 §1; 2001 c.248 §11; 2003 c.470 §4; 2007 c.189 §1]
Note: 537.141 (Uses of water not requiring water right application, permit or certificate) was added to and made a part of ORS chapter 537 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 537.141 — Uses of water not requiring water right application, permit or certificate; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html.

Law Review Citations

37 EL 105 (2007)

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
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