Title 45, Water Resources: Irrigation, Drainage, Flood Control, Reclamation

Except as otherwise provided in ORS 537.545 or 537.575 or 537.595 and subject to determination under ORS 537.670 to 537.695, actual and lawful application of ground water to beneficial use prior to August 3, 1955, by or under the authority of any person or public agency or by or …

Except as otherwise provided in ORS 537.545 or 537.575 or 537.585 and subject to determination under ORS 537.670 to 537.695, when any person or public agency on August 3, 1955, is lawfully engaged in good faith in such construction, alteration or extension of a well for the appli…

(1) Any person or public agency claiming any right to appropriate ground water under ORS 537.585 or 537.595, except for any purpose exempt under ORS 537.545, is entitled to receive from the Water Resources Commission within three years after August 3, 1955, a certificate of regis…

(1) The Water Resources Commission shall accept all registration statements referred to in ORS 537.605 completed and returned to the commission in proper form, endorse on the registration statement the date of the return and record each statement. Upon recording the statement, th…

(1) Any person or public agency intending to acquire a wholly new right to appropriate ground water or to enlarge upon any existing right to appropriate ground water, except for any purpose exempt under ORS 537.545, shall apply to the Water Resources Department for and be issued …

(1) Notwithstanding any contrary provision of law, and subject to subsection (2) of this section, the Water Resources Department may approve an application under ORS 537.615 by a public water system to appropriate ground water in a ground water quality management area declared un…

(1) The Water Resources Department shall accept all applications for permits submitted under ORS 537.615 in proper form. (2)(a) Within 15 days after receiving the application, the department shall determine whether the application contains the information listed under ORS 537.615…

(1) Within 60 days after the Water Resources Department proceeds with the application under ORS 537.620 (5)(c), the department shall complete application review and issue a proposed final order approving or denying the application or approving the application with modifications o…

A contested case proceeding under ORS 537.621 (8) shall be conducted in accordance with the applicable provisions of ORS chapter 183 and ORS 536.076 and 536.077, except that an interlocutory appeal under ORS 183.480 (3) is not allowed. [1957 c.341 §2; 1983 c.740 §213; 1985 c.673 …

(1) Notwithstanding ORS chapter 537, 540 or 541, a proposed final order issued by the Water Resources Department under ORS chapter 537, 540 or 541 for an application requesting that the department approve a new water right or a change to an existing water right or permit, registr…

(1) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Water Resources Director determines that the proposed use that is the subject of an application filed under ORS 537.615 does not ensure the preserva…

(1) Within 20 days after the Water Resources Director issues a final order under ORS 537.625 after the conclusion of a contested case hearing, any party may file with the Water Resources Commission exceptions to the order. (2) The commission shall issue a modified order, if allow…

(1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.615 within 180 days after the department proceeds with the applicatio…

(1) The Water Resources Department may approve an application for less ground water than applied for or upon terms, conditions and limitations necessary for the protection of the public welfare, safety and health. (2) In any event the department may not approve the application fo…

(1) When an application discloses the probability of wasteful use or undue interference with existing wells or that any proposed use or well will impair or substantially interfere with existing rights to appropriate surface water by others, or that any proposed use or well will i…

(1) As used in this section, “undeveloped portion” means the difference between the maximum rate or duty specified in a water right permit and the maximum rate or duty appropriated as of the later of: (a) June 29, 2005; (b) The time specified in the permit to perfect the water ri…

(1) Any certificate of registration issued under ORS 537.610 or permit issued under ORS 537.625 may be assigned, subject to the conditions of the certificate of registration or permit, but no such assignment shall be binding, except upon the parties to the assignment, unless file…

(1) Upon its own motion, or upon the request of another state agency or local government, the Water Resources Commission, within the limitations of available resources, shall proceed as rapidly as possible to identify and define tentatively the location, extent, depth and other c…

(1) The Water Resources Director upon the motion of the director or, in the discretion of the director, upon receipt of a petition therefor by any one or more appropriators of ground water from such ground water reservoir, may proceed to make a final determination of the rights t…

(1) Whenever the Water Resources Director has reason to believe that two or more ground water reservoirs overlie one another wholly or in part, the director may proceed to a final determination of the rights to appropriate the ground water of each of such ground water reservoirs …

Testimony shall be taken, evidence shall be open to inspection and claims shall be subject to contest in a proceeding to determine rights to appropriate the ground water of any ground water reservoir initiated under ORS 537.670 as nearly as possible in the same manner as provided…

As soon as practicable after compilation of the evidence obtained in proceedings under ORS 537.665 to 537.680, the Water Resources Director shall make and cause to be entered of record in the Water Resources Department findings of fact and an order of determination, determining a…

The evidence relied upon by the Water Resources Director in the entry of the findings of fact and order of determination under ORS 537.685, together with a copy of such findings and order, shall be certified to by the director and filed with the clerk of the circuit court wherein…

The determination of the Water Resources Director under ORS 537.685, as confirmed or modified by the circuit court or Supreme Court, shall be a conclusive adjudication as to all claimants of rights to appropriate the ground water of each ground water reservoir included within the…

Upon the final determination under ORS 537.670 to 537.695 of the rights to appropriate the ground water of any ground water reservoir, the Water Resources Director shall issue to each person or public agency represented in the determination proceedings and who is determined to ha…

All ground water used in this state for any purpose shall remain appurtenant to the premises upon which it is used and no change in use or place of use of any ground water for any purpose may be made without compliance with a procedure as nearly as possible like that set forth in…

Whenever, after notice to and opportunity to be heard by such holder, the Water Resources Commission finds that the holder of any permit or certificate of registration issued under ORS 537.505 to 537.795 and 537.992 is willfully violating any provision of the permit or certificat…

(1) The Water Resources Commission by rule may designate an area of the state a critical ground water area if: (a) Ground water levels in the area in question are declining or have declined excessively; (b) The Water Resources Department finds a pattern of substantial interferenc…

(1) A rule adopted by the Water Resources Commission under ORS 537.730 shall: (a) Define the boundaries of the critical ground water area and shall indicate which of the ground water reservoirs located either in whole or in part within the area in question are included within the…

In addition to any applicable requirements under ORS chapter 183, the Water Resources Commission shall file a copy of any rules designating a critical ground water area under ORS 537.730 to 537.740 with the county clerk of each county within which any part of the critical ground …

(1) Any time after the Water Resources Commission adopts a rule under ORS 537.730 designating a critical ground water area, the commission may initiate a contested case proceeding to limit the use of ground water in the area if the commission has reason to believe that any of the…

(1) The Water Resources Department shall establish a program for the purpose of replacing, repairing or deepening domestic personal use wells that are affected by declining ground water levels resulting from overallocation of ground water within the Greater Harney Valley Groundwa…

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Domestic Well Remediation Fund. Interest earned by the Domestic Well Remediation Fund shall be credited to the fund. All moneys in the Domestic Well Remediation Fund are continuously …

(1) In the administration of ORS 537.505 to 537.795 and 537.992, the Water Resources Commission may encourage, promote and recognize voluntary agreements among ground water users from the same ground water reservoir. When the commission finds that any such agreement, executed in …

(1) The Water Resources Commission may by rule establish a system of credits that may be used to offset the potential interference with hydraulically connected surface waters caused by ground water withdrawals within the Deschutes River Basin to account for projects performed in …

(1) No person shall advertise services to construct, alter, abandon or convert wells, offer to enter or enter into a contract with another person or public agency to construct, alter, abandon or convert a well for such other person, cause any well construction, alteration, abando…

(1) The written examination required under ORS 537.747 (3)(b) shall be prepared to test the applicant’s knowledge and understanding of the following subjects: (a) Laws of the state pertaining to the appropriation and use of ground water, the licensing requirements of ORS 537.747 …

(1) Any person who contracts or offers services to contract to construct, alter, abandon or convert wells shall have in effect a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, running to the State of Oregon in the sum o…

(1) As used in this section: (a) “Licensed or permitted person” means a person licensed under ORS 537.747 or permitted under ORS 537.753 (4). (b) “Start card” means a form containing all information required by the Water Resources Department as a notification that a licensed or p…

(1) There is established in the State Treasury the Water Resources Department Operating Fund to provide for the payment of the administrative expenses of the Water Resources Commission in carrying out the provisions of ORS 537.762. (2) The Water Resources Department Operating Fun…

(1) As used in this section, “licensed or permitted person” means a person licensed under ORS 537.747 or permitted under ORS 537.753 (4). (2) The business or activity of constructing new wells or altering, abandoning or converting existing wells is declared to be a business or ac…

The Water Well Abandonment, Repair and Replacement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Well Abandonment, Repair and Replacement Fund shall be credited to the fund. Moneys in the fund are continuously…

(1) As used in this section, “repair” may include, but is not limited to, a well deepening. (2) Moneys in the Water Well Abandonment, Repair and Replacement Fund may be disbursed under authority of the Water Resources Director for the purposes described in this section. The Water…

The Legislative Assembly finds that ground water protection is a matter of statewide concern. No ordinance, order or regulation shall be adopted by a local government to regulate the inspection of wells, construction of wells or water well constructors subject to regulation by th…

(1) The owner or operator of any well, except wells used for purposes listed in ORS 537.545, shall conduct a pump test at least once every 10 years and report the results of that test to the Water Resources Commission. The owner or operator may conduct the test in conjunction wit…

(1) Whenever the Water Resources Commission finds that any well, including any well exempt under ORS 537.545, is by the nature of its construction, operation or otherwise causing wasteful use of ground water, is unduly interfering with other wells or surface water supply, is a th…

(1) The Water Resources Commission shall regulate or cause to be regulated the controlling works of wells and distribute ground water to secure compliance or equal and fair distribution if the commission finds that: (a) Any person or public agency is using or attempting to use an…

(1) In the administration of ORS 537.505 to 537.795 and 537.992, the Water Resources Commission may: (a) Require that all flowing wells be capped or equipped with valves so that the flow of ground water may be completely stopped when the ground water is not actually being applied…

If the Water Resources Department has information that a person has engaged, or is about to engage, in any activity that is or will be a violation of ORS 537.747, 537.753, 537.762 or 537.765 or the standards described in ORS 537.780 (1)(b) or (c), in addition to any other availab…

(1) The Water Resources Commission shall adopt rules which govern the disposal by reinjection or other means of geothermal fluids derived from: (a) Geothermal or hot water wells less than 2,000 feet deep producing fluids of less than 250 degrees Fahrenheit bottom hole temperature…