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

(1) In the administration of ORS 537.505 to 537.795 and 537.992, the Water Resources Commission shall collect in advance, the fees set forth in ORS 539.081 for any service similar to any of those referred to in ORS 539.081. (2) All fees collected by the commission under subsectio…

(1) The Water Resources Commission, upon the commission’s own initiative, or upon complaint alleging violation of any provision of ORS 537.505 to 537.795 and 537.992, or any rule adopted pursuant thereto, may investigate to determine whether a violation has occurred. If the inves…

(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) A licensed or permitted person who files a well log under ORS 537.765 shall include on the well log the identification number provided by …

(1) A landowner may apply to the Water Resources Department for a number to identify a well on the landowner’s property. (2) If the department has not previously assigned an identification number to the well, no later than 10 days after receiving an application under this section…

Failure of a seller to comply with the provisions of ORS 537.789 or 537.791 does not invalidate an instrument of conveyance of real estate. [1993 c.774 §11; 2005 c.14 §3]

ORS 537.505 to 537.795 and 537.992 are intended to be supplementary and in addition to and are not intended to repeal any law relating to the surface waters of this state. [1955 c.708 §35]

The Water Resources Commission shall adopt by rule an initial temperature below which low temperature geothermal appropriations shall not be protected from thermal interference caused by ground water appropriations for other purposes. [1989 c.201 §§7,8] Note: 537.796 was enacted …

(1) As used in this section: (a) “District” means: (A) An irrigation district formed under ORS chapter 545; (B) A drainage district formed under ORS chapter 547; (C) A water improvement district formed under ORS chapter 552; or (D) A water control district formed under ORS chapte…

(1) The State Board of Examiners for Engineering and Land Surveying may issue a water right examiner certificate to an applicant described in ORS 537.797. The board shall require an applicant for the certificate to pass an examination establishing the qualification of the applica…

Any person who has applied for or received a permit or a transfer to appropriate water under ORS 537.211, 537.625 or 540.530 on or before July 9, 1987, shall notify the Water Resources Department that the work has been completed and either: (1) Hire a water right examiner certifi…

(1) All ditches now or hereafter constructed, for the purpose of utilizing waste, spring or seepage waters, shall be governed by the same laws relating to priority of right as those ditches constructed for the purpose of utilizing the waters of running streams. However, the perso…

(1) As used in ORS chapters 537 and 540: (a) “Basin” means one of the river basins within this state, as defined by Water Resources Department Map No. 0.2, dated 1987, and entitled “Oregon Drainage Basins,” unless the context requires otherwise. (b) “Basin of origin” means the ba…

(1) When an application for appropriation of water submitted under ORS 537.211, 537.400, 537.620, 543.210, 543.290 or for a change in the place of use of an existing water right submitted under ORS 540.520 proposes use of water outside the basin of origin, the application shall i…

Notwithstanding any other provision of ORS 537.801 to 537.809, an application governed by ORS 537.803 shall be processed as follows: (1) Upon determination that the application is acceptable, the Water Resources Commission shall conduct a comprehensive review of the application, …

Before approving or recommending approval of an application subject to ORS 537.803, the Water Resources Commission shall reserve an amount of water adequate for future needs in the basin of origin, including an amount sufficient to protect public uses, and subordinate the out-of-…

(1) No waters located or arising within a basin shall be diverted, impounded or in any manner appropriated for diversion or use beyond the boundaries of that basin except upon the express consent of the Legislative Assembly. In the event the Legislative Assembly shall give its co…

ORS 537.801 to 537.860 shall also apply to the waters located within the boundaries of this state of any river, stream, lake or other body of water serving as part of the common boundary of this state and any other state and over which this state has concurrent jurisdiction, exce…

No person, or agency of any state or of the United States, shall attempt to condemn any waters within the boundaries of this state for use outside the basin of origin without first complying with the requirements of ORS 537.801 to 537.810 and this section. [Amended by 1989 c.936 …

(1) Pursuant to the provisions of ORS 537.810, consent is hereby given to the City of Walla Walla, a municipal corporation of the State of Washington, to appropriate, impound and divert certain waters from Mill Creek, a tributary of the Walla Walla River, located in Township 6 No…

Upon receiving legislative permission to appropriate waters under ORS 537.801 to 537.860, the permittee, upon filing in the Water Resources Department a certified copy of the Act, certified to by the Secretary of State, may proceed to obtain an appropriation of waters in the mann…

In the event of any violation or attempt to violate any of the provisions of ORS 537.801 to 537.860, the Governor shall cause to be instituted such suits and actions as may be necessary to protect and defend the sovereign rights and interests of the state in the premises. Persons…

(1) Pursuant to the provisions of ORS 537.810, consent is hereby given to any domestic water supply district formed under ORS chapter 264 to permit the diversion of water for use on property a portion of which is within a state adjoining Oregon, subject to the following condition…

ORS 537.810 to 537.850 shall not affect any valid prior appropriation or water right existing on May 12, 1951.

Subject to the limitations imposed by ORS 537.801 to 537.860, any municipal corporation of any state adjoining Oregon may acquire title to any land or water right within Oregon, by purchase or condemnation, which lies within any watershed from which the municipal corporation obta…

The Place-Based Water Planning Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Place-Based Water Planning Fund shall be credited to the fund. The fund consists of moneys appropriated to the fund by the Legislative Ass…

(1) As used in this section: (a) “Eligible implementation coordination costs”: (A) Means costs associated with actions taken to coordinate the implementation of a state-recognized place-based integrated water resources plan. (B) Does not include the costs of implementing a projec…

(1) At least every eight years, the Water Resources Department shall report, in the manner provided by ORS 192.245, to a committee or interim committee of the Legislative Assembly related to water, and to the Water Resources Commission, on the funding programs described in ORS 53…

(1) The activity of drilling geotechnical holes is declared to be an activity affecting the public welfare, health and safety. In order to enable this state to protect the welfare, health and safety of its citizens, any person that drills a geotechnical hole shall keep a log of e…

The person responsible for the drilling of a geotechnical hole for which a report is required under ORS 537.880 must have: (1) A current monitoring well constructor’s license as specified in rules adopted by the Water Resources Commission; (2) A current water supply well construc…

(1) The Water Resources Commission may prescribe by rule the form, contents, filing deadline and other requirements for the report required under ORS 537.880. (2)(a) Except as provided in paragraph (b) of this subsection, each report required to be submitted under ORS 537.880 mus…

(1) The Water Resources Department Geotechnical Fund is established in the State Treasury, separate and distinct from the General Fund. (2) The Water Resources Department Geotechnical Fund shall consist of: (a) Recording fees paid under ORS 537.890; and (b) All moneys from gifts,…

(1) A water supplier that sells water to the public at a distribution location authorized for hauled water by the water supplier shall: (a) Maintain records of the water sales that include: (A) The name and contact information of the person that purchased the water. (B) The date …

(1) A person that purchases water from a water supplier at a distribution location to be hauled for irrigation or nursery purposes shall: (a) Keep records of: (A) The date and location of the purchase. (B) The date on which the water is delivered. (C) If hauling water for another…

(1) A person may not haul water to, or arrange for the hauling of water to, a grow site for plants in the plant Cannabis family Cannabaceae if: (a) The grow site is not registered or licensed under ORS 475C.065, 475C.792 or 571.281; and (b) The crop of plants is in an amount that…

(1) Violation of ORS 537.130 (2) is a Class B misdemeanor. (2) Any person who willfully diverts or uses water to the detriment of others without compliance with law shall be punished as provided in subsection (1) of this section. The possession or use of water, except when a righ…

(1) In addition to any other remedy provided by law, the Water Resources Commission may impose a civil penalty against any person who, in the construction of a well, violates any provision of ORS 537.747 to 537.795 and 537.992, or any rule promulgated pursuant thereto. A civil pe…