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

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…

(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…