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