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

If the decision of the Water Resources Commission requires the cancellation of a permit, then the commission shall at once cancel, or have canceled, the permit. Thereafter the permit shall be of no further force or effect, and shall not be recognized or admitted as evidence of an…

(1) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under ORS 537.410 to 537.450. (2) If a petition for review of an order canceling a permit or appropriation is filed under ORS 536.075…

The Water Resources Commission may by rule provide that the owners of permits shall submit or furnish proofs of commencement of work, prosecution of work with due diligence, completion of work, and of the application of water to a beneficial use under the permits. Failure to comp…

As used in ORS 537.455 to 537.500 and 540.510: (1) “Conservation” means the reduction of the amount of water diverted to satisfy an existing beneficial use achieved either by improving the technology or method for diverting, transporting, applying or recovering the water or by im…

(1) The Legislative Assembly finds and declares that conservation and efficient utilization of water benefits all water users, provides water to satisfy current and future needs through reduction of consumptive waste, improves water quality by reducing contaminated return flow, p…

The provisions of ORS 537.455 to 537.500 establish a voluntary program and apply only to those persons who choose to apply for an allocation of conserved water under ORS 537.465. [1993 c.641 §11; 2003 c.93 §2] Note: See note under 537.455.

(1) Any person or group of persons holding a water use subject to transfer as defined in ORS 540.505 may submit an application to the Water Resources Commission for approval of an allocation of conserved water for a measure that: (a) The person or group of persons intends to impl…

(1) Upon receipt of an application for allocation of conserved water under ORS 537.465, the Water Resources Commission shall give notice of receipt of the application in accordance with ORS 540.520 (6)(c)(B). (2) The commission shall allocate conserved water as provided in subsec…

The Water Resources Commission shall adopt rules and standards necessary to carry out the provisions of ORS 537.455 to 537.500. The rules may include formulas or other criteria for evaluating the effects of allocation of water on existing rights and for determining whether, and t…

(1) Notwithstanding any other provision of ORS chapter 536, 537, 538, 539, 540, 541, 542 or 543, the priority of any right to the use of conserved water, including an in-stream water right, under an application submitted and approved by the Water Resources Commission under ORS 53…

(1) Any person or agency allocated conserved water under ORS 537.470 may reserve the water in stream for future out-of-stream use or otherwise use or dispose of the conserved water. Any person or agency to whom conserved water is allocated shall notify the commission of the dispe…

Any agency or political subdivision of this state may purchase a right to the use of conserved water, as defined under ORS 537.455, or accept a gift of a right to the use of conserved water as defined under ORS 537.455. If an agency or political subdivision requests that the cons…

(1) A water right for conserved water under ORS 537.455 to 537.500 and 540.510 shall have the same legal status as any other water right for which a certificate has been issued. (2) A water right for conserved water that is reserved in stream for future out-of-stream use under OR…

ORS 537.505 to 537.795 and 537.992 shall be known as the “Ground Water Act of 1955.” [1955 c.708 §1; 1963 c.293 §1]

As used in ORS 537.505 to 537.795 and 537.992, unless the context requires otherwise: (1) “Altering” a well means the deepening, recasing, perforating, reperforating, the installation of packers or seals and other material changes in the design of the well. (2) “Constructing” a w…

(1) The Legislative Assembly recognizes, declares and finds that the right to reasonable control of all water within this state from all sources of water supply belongs to the public, and that in order to ensure the preservation of the public welfare, safety and health it is nece…

The Legislative Assembly declares that aquifer storage and recovery is a beneficial use inherent in all water rights for other beneficial uses. Aquifer storage and recovery is the storage of water from a separate source that meets drinking water standards in a suitable aquifer fo…

(1) Notwithstanding any other provision of law, the injection into aquifers of water that complies with drinking water standards established by the Oregon Health Authority under ORS 448.273 under an aquifer storage and recovery limited license or permit: (a) Shall not be consider…

(1) In accordance with this section, the Water Resources Commission shall establish rules for the permitting and administration of aquifer storage and recovery projects. The rules shall establish the Water Resources Department as the sole permitting agency for the projects, but t…

(1) No person or public agency shall use or attempt to use any ground water, construct or attempt to construct any well or other means of developing and securing ground water or operate or permit the operation of any well owned or controlled by such person or public agency except…

(1) Subject to subsection (3) of this section, a registration, certificate of registration, application for a permit, permit, certificate of completion or ground water right certificate under ORS 537.505 to 537.795 and 537.992 is not required for the use of ground water for: (a) …

Any permit granted or application for a permit approved under ORS 537.510, 537.520, 537.530, 537.540, 537.550, 537.560, 537.570, 537.580, 537.590 and 537.600 prior to and still valid and in effect on August 3, 1955, is considered to be a permit issued under ORS 537.625. Any appli…

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…