Chapter 537 — Chapter 537
229 sections in this chapter.
ORS 537.798 (1) The State Board of Examiners for Engineering and Land Surveying may issue a water right examiner certificate to a registered professional land surveyor, registered professional engineer or registered geologist who meets the criteria established by the Water Resources Commission under ORS 537.797. The board shall require an applicant for the certificate to pass an examination establishing the qualification of the applicant to be a water right examiner. The Water Resources Department shall prepare, administer and score the examination
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(2) The board shall establish fees for the examination, certification and renewal of certification of water right examiners. The fees shall be based upon the expenses of the board and the department in conducting the certification program. The board shall reimburse the department…
ORS 537.799 Survey for issuance of water right certificate. 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
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(1) Hire a water right examiner certified under ORS 537.798 to conduct a survey, the original to be submitted as required by the Water Resources Department, for issuance of a water right certificate; or (2) Continue to appropriate water under the water right permit or transfer is…
ORS 537.800 Waste, spring and seepage waters; laws governing. (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 person upon whose lands the seepage or spring waters first arise shall have the right to the use of such waters
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(2) As used in this section, “spring” means a point where water emerges naturally from the earth as a result of gravity flow or artesian pressure. [Formerly 537.710; 1989 c.939 §2; 1991 c.200 §2; 1995 c.79 §303] DIVERSION OF WATERS FROM BASIN OF ORIGIN
ORS 537.801 Definitions; findings. (1) As used in ORS chapters 537 and 540
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(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 basin in which surface or ground water that…
ORS 537.803 Application proposing use of water outside of basin of origin; contents. (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 include, in addition to any other information required, an analysis of the following
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(a) The amount of water in the basin of origin available for future appropriation. (b) Projected future needs for water in the basin of origin. (c) Benefits presently and prospectively derived from the return flow of water used within the basin of origin that will be eliminated b…
ORS 537.805 Processing of application; hearing; action on application. Notwithstanding any other provision of ORS 537.801 to 537.809, an application governed by ORS 537.803 shall be processed as follows
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(1) Upon determination that the application is acceptable, the Water Resources Commission shall conduct a comprehensive review of the application, at the applicant’s expense. (2) When the comprehensive review is complete, the commission shall issue a preliminary analysis of the a…
ORS 537.807 [1989 c.939 §6; repealed by 1991 c.200 §3]
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[Repealed or reserved.]
ORS 537.809 Reservation of water in basin of origin. 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-basin use to that reservation. [1989 c.936 §6]
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[Repealed or reserved.]
ORS 537.810 Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions. (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 consent to any such request it may attach thereto such terms, conditions, exceptions, reservations, restrictions and provisions as it may care to make in the protection of the natural resources of the basin and the health and welfare of the present and future inhabitants of the basin within which the water arises or is located
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(2) Subsection (1) of this section shall not apply to appropriations or diversions of less than 50 cubic feet per second out of the basin of origin. (3) Subsection (1) of this section shall not apply to appropriations or diversions within the Klamath River Basin as defined in ORS…
ORS 537.820 Application of provisions to waters forming common boundary between states. 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, except that said sections shall not apply to the diversion, impoundment or appropriation of waters for the development of hydroelectric energy, flood control, irrigation or other uses in waters forming a boundary of the state in cases where such waters are not to be diverted from the drainage basin wherein such waters are located
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[Repealed or reserved.]
ORS 537.830 Condemnation of waters for use outside basin of origin. 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 §8]
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[Repealed or reserved.]
ORS 537.835 City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek. (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 North, Range 38, E.W.M., Umatilla County, Oregon, for the beneficial use of both the State of Oregon and within the City of Walla Walla, State of Washington, subject to the following terms and conditions
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(a) The City of Walla Walla shall pay the entire cost of constructing and maintaining this project; and (b) The City of Walla Walla shall employ only residents and inhabitants of the State of Oregon in the construction and maintenance of the project. (2) The Water Resources Commi…
ORS 537.840 Legislative consent; filing of certified copy; appropriation rights and procedure. 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 manner provided by the laws of this state for the appropriation of waters for beneficial use, subject to all existing rights and valid prior appropriations and subject to the terms, conditions, exceptions, reservations, restrictions and provisions of such legislative consent. [Amended by 1985 c.673 §77]
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[Repealed or reserved.]
ORS 537.850 Suits to protect state interests; right of redress to private persons. 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 are given right of redress against such violator at private suit or action under any appropriate remedy at law or in equity
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[Repealed or reserved.]
ORS 537.855 Domestic water supply district permitted to divert water out of state; conditions. (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 conditions
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(a) The majority of the property is within Oregon. (b) The property is developed with economic benefit to Oregon as well as to the adjoining state, in the judgment of the domestic water supply district. (c) The costs of the diversion are borne by the developer or owner of the pro…
ORS 537.860 Vested rights protected. ORS 537.810 to 537.850 shall not affect any valid prior appropriation or water right existing on May 12, 1951
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[Repealed or reserved.]
ORS 537.870 Out-of-state municipalities; acquisition of land and water rights in Oregon. 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 obtains or desires to obtain its water supply
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PLACE-BASED WATER PLANNING
ORS 537.872 Place-Based Water Planning Fund. 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 Assembly and federal, public or private moneys designated for deposit in the fund. Moneys in the fund are continuously appropriated to the Water Resources Department for the purpose of carrying out the provisions of ORS 537.873. [2023 c.606 §15]
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Note: 537.872 and 537.873 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 537.873 Place-based water planning grants; rules. (1) As used in this section
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(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 project. (b) “Environmental justice…
ORS 537.875 Reports evaluating certain funding programs. (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 537.766, 537.767, 537.872, 537.873, 541.561 to 541.581 and 541.651 to 541.696
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(2) The report must: (a) Evaluate the funding programs. (b) Identify any improvements to statute and rule that are needed to better implement the purposes of the funding programs. [2025 c.82 §11] Note: Section 12, chapter 82, Oregon Laws 2025, provides: Sec. 12. The Water Resourc…
ORS 537.880 Policy; log requirement; reporting. (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 each geotechnical hole that is drilled and submit a report to the Water Resources Commission within 30 days after the completion of the drilling
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(2) This section applies to geotechnical holes that are: (a) Greater than 18 feet deep; (b) Within 50 feet of a water supply or a monitoring well; (c) Used to determine water quality and open less than 72 hours; or (d) Drilled in an area known or reasonably suspected to be contam…
ORS 537.885 Licensing or registration required for drilling of geotechnical hole. The person responsible for the drilling of a geotechnical hole for which a report is required under ORS 537.880 must have
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(1) A current monitoring well constructor’s license as specified in rules adopted by the Water Resources Commission; (2) A current water supply well constructor’s license as specified in rules adopted by the commission; (3) A current certificate of registration as a geologist iss…
ORS 537.890 Report form; rules; fees. (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
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(2)(a) Except as provided in paragraph (b) of this subsection, each report required to be submitted under ORS 537.880 must be accompanied by a recording fee of $25. (b) If more than one geotechnical hole is drilled within seven days at the same project site, each report for each …
ORS 537.895 Water Resources Department Geotechnical Fund. (1) The Water Resources Department Geotechnical Fund is established in the State Treasury, separate and distinct from the General Fund
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(2) The Water Resources Department Geotechnical Fund shall consist of: (a) Recording fees paid under ORS 537.890; and (b) All moneys from gifts, grants or appropriations to the fund. (3) Moneys in the Water Resources Department Geotechnical Fund are continuously appropriated to t…
ORS 537.896 Water supplier records; rules. (1) A water supplier that sells water to the public at a distribution location authorized for hauled water by the water supplier shall
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(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 of the sale. (C) The quantity of the water. (D) The license plate number of the vehicle used to haul the water. (b) Retain the records f…
ORS 537.897 Records of purchases from water suppliers; rules. (1) A person that purchases water from a water supplier at a distribution location to be hauled for irrigation or nursery purposes shall
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(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 person, the name and contact information of the person to whom the water will be delivered and the date of the delivery. (D) The quantity…
ORS 537.898 Hauling water used for Cannabis plants. (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
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(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 is not allowed under state law. (2) A person may not willfully or negligently provide false information to law enforcement or the Water Resourc…
ORS 537.990 Criminal penalties. (1) Violation of ORS 537.130 (2) is a Class B misdemeanor
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(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 right of use is acquired in accordance with law, shall be prima…
ORS 537.992 Civil penalties; schedule of penalties; rules. (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 penalty shall be in an amount determined by the commission in accordance with the rules adopted under subsection (2) of this section. However, the commission shall not impose a civil penalty under this section if the commission, by exercising other authority granted under ORS 537.505 to 537.795 and 537.992, causes the person to comply with the provisions of ORS 537.747 to 537.795 and 537.992 or rules adopted thereunder
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(2) The commission shall adopt by rule a schedule of penalties for violation of ORS 537.747 to 537.795 and 537.992, not to exceed $1,000 for each occurrence defined in the rules as a major violation, and not to exceed $250 for each occurrence defined in the rules as a minor viola…