(2) The use of water under a limited license under subsection (1) of this section shall not have priority over any water right exercised according to a permit or certificate and shall be subordinate to all other authorized uses that rely upon the same source. The Water Resources Department may revoke the right to use of water acquired under a limited license pursuant to subsection (1) of this section at any time if the use causes injury to:
(a) Any other water right; or
(b) A minimum perennial streamflow.
(3) Except as provided in subsections (4), (5) and (11) of this section, the licensee shall give notice to the Water Resources Department at least 15 days in advance of using the water under the limited license and shall maintain a record of use. The record shall include but need not be limited to an estimate of the amount of water used, the period of use and the categories of beneficial use to which the water is applied. During the period of the limited license, the record of use shall be available for review by the department upon request.
(4) The Water Resources Director may issue a limited license in conjunction with an enforcement order to address an illegal water use, including irrigation use or a use specifically prohibited by a basin program. The director may issue a limited license for such a use upon a finding that:
(a) The person did not knowingly violate state laws regarding a water use permit;
(b) The immediate termination of the illegal use would cause serious and undue hardship to the water user that could be ameliorated by providing a period of time in which to achieve compliance with the law; and
(c) The continued use under a limited license outweighs the public benefits of termination, including deterrence of illegal uses and protection of the water source.
(5) An enforcement order issued under subsection (4) of this section shall specify an amount of time in which the person using water illegally shall bring such use into compliance. The duration of the limited license shall not exceed the duration of time allowed in the enforcement order to achieve compliance. A licensee using water under a limited license issued in conjunction with an enforcement order need not provide the department with advance notice of water use, but shall comply with the other requirements of this section.
(6) The director may issue a limited license for irrigation if the sole purpose of the use is:
(a) To provide water necessary to establish a crop for which no further irrigation will be required after the crop is established;
(b) To mitigate the impacts of drought when additional water is needed beyond a prescribed irrigation season in order to avoid irreparable damage to the user’s crop; or
(c) Under a limited license issued pursuant to subsection (9) of this section.
(7) Nothing in this section is intended to prohibit any person from obtaining a water right certificate under ORS 537.250 or 537.630 for any use for which a limited license is obtained under this section.
(8) Except as provided in subsection (10) of this section, the department may not issue a limited license for the same use for more than five consecutive years.
(9) Notwithstanding any other provision of this section, if the use of water under the limited license is for the use of stored water consistent with the purposes for which the stored water is authorized and the use of water is authorized by a contract between the user and a local, state or federal government:
(a) The limited license may be issued for a period of up to one year; and
(b) The limited license shall be revoked if the contract between the user and the local, state or federal government is terminated for any reason.
(10) At the end of the one-year limited license period in subsection (9) of this section, the user may reapply for a limited license under ORS 537.144 provided that there is an authorized contract between the user and a local, state or federal government.
(11) The director may issue a limited license authorizing immediate use of water if the director finds that an emergency exists and the water is needed to protect the public health, safety and welfare. Notwithstanding subsection (8) of this section, the director may issue a limited license for such a use for a period of 60 days. [1989 c.933 §2; 1993 c.595 §1; 1995 c.274 §8; 1997 c.38 §1; 1997 c.366 §1]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 537 - Appropriation of Water Generally
Section 537.090 - Laws applicable to geothermal wells.
Section 537.095 - Interference between geothermal well and other water appropriation.
Section 537.097 - Verification of land ownership; time limits; exception.
Section 537.099 - Water use report from governmental entity.
Section 537.130 - Permit to appropriate water required; notification to owner of certain land.
Section 537.131 - Reclaimed water.
Section 537.132 - Exemption from permit requirement for use of reclaimed water; rules.
Section 537.133 - Permittee’s right to enter on forestland; notice.
Section 537.139 - Failure to obtain authorization for access to certain land.
Section 537.140 - Application for permit; contents; maps and drawings.
Section 537.141 - Uses of water not requiring water right application, permit or certificate; rules.
Section 537.144 - Request for right to use water under limited license; fee.
Section 537.145 - Notice of filing of application to appropriate water for hydroelectric purposes.
Section 537.147 - Permit to use stored water; fee.
Section 537.170 - Contested case hearing on application; final order; appeal.
Section 537.173 - Exceptions to final order; modified order.
Section 537.220 - Assignment of application, permit or license.
Section 537.225 - Full or partial assignment of water right permit; issuance of replacement permits.
Section 537.227 - Protest of application to assign all or part of water right permit.
Section 537.252 - Certificate issued for land not described in permit; notice.
Section 537.283 - Procedure for applications to appropriate water for hydroelectric power; rules.
Section 537.289 - Conditions to be imposed on permit of municipal corporation or district.
Section 537.292 - Conditions to be imposed on certificate of municipal corporation or district.
Section 537.310 - Acquisition of water rights for railway purposes; certificates.
Section 537.332 - Definitions for ORS 537.332 to 537.360.
Section 537.343 - Proposed final order; conditions.
Section 537.350 - Legal status of in-stream water right.
Section 537.385 - Extension of irrigation season; rules; limitations.
Section 537.400 - Reservoir permits.
Section 537.405 - Exempt reservoirs; written notification to department; injury to other users.
Section 537.455 - Definitions for ORS 537.455 to 537.500 and 540.510.
Section 537.460 - Legislative findings; policy.
Section 537.463 - Applicability of ORS 537.455 to 537.500.
Section 537.465 - Application for allocation of conserved water; submission; required contents.
Section 537.480 - Rules; criteria for evaluating allocation and determining mitigation required.
Section 537.485 - Priority of right to use conserved water; choice of priority.
Section 537.490 - Use of conserved water; notice of dispensation of right to use.
Section 537.495 - Receipt by state agency or political subdivision of right to use conserved water.
Section 537.500 - Legal status of conserved water right.
Section 537.515 - Definitions for ORS 537.505 to 537.795 and 537.992.
Section 537.532 - Injection of ground water into aquifers; standards.
Section 537.545 - Exempt uses; map; filing of use; fee; rules.
Section 537.622 - Contested case hearing; parties; issues.
Section 537.625 - Final order; appeal; contents of permit.
Section 537.626 - Exceptions to final order; modified order.
Section 537.629 - Conditions or limitations to prevent interference with other users.
Section 537.635 - Assignment of application, certificate of registration or permit.
Section 537.670 - Determination of rights to appropriate ground water of ground water reservoir.
Section 537.685 - Findings of fact and order of determination.
Section 537.730 - Designation of critical ground water area; rules; notice.
Section 537.735 - Rules designating critical ground water area.
Section 537.743 - Program to remediate certain domestic water wells.
Section 537.744 - Domestic Well Remediation Fund.
Section 537.745 - Voluntary agreements among ground water users from same reservoir.
Section 537.747 - Water well constructor’s license; rules; fees.
Section 537.750 - Examination for license.
Section 537.753 - Bond or letter of credit; landowner’s permit and bond; fee.
Section 537.762 - Report of constructor before beginning work on well; rules; fees.
Section 537.763 - Water Resources Department Operating Fund.
Section 537.767 - Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund.
Section 537.772 - Pump tests; report; rules for waiver.
Section 537.775 - Wasteful or defective wells; permanent abandonment of old well.
Section 537.777 - Regulation of controlling works of wells and distribution of ground water.
Section 537.780 - Powers of Water Resources Commission; rules; limitations on authority.
Section 537.781 - Applying for injunction to address violation or potential violation.
Section 537.787 - Investigation of violation of ground water laws; remedies for violation.
Section 537.789 - Well identification number.
Section 537.791 - Request for well identification number.
Section 537.796 - Rules regarding low temperature geothermal appropriations.
Section 537.798 - Water right examiner certificate; regulation of profession; rules; fees.
Section 537.799 - Survey for issuance of water right certificate.
Section 537.800 - Waste, spring and seepage waters; laws governing.
Section 537.801 - Definitions; findings.
Section 537.803 - Application proposing use of water outside of basin of origin; contents.
Section 537.805 - Processing of application; hearing; action on application.
Section 537.855 - Domestic water supply district permitted to divert water out of state; conditions.
Section 537.880 - Policy; log requirement; reporting.
Section 537.885 - Licensing or registration required for drilling of geotechnical hole.
Section 537.890 - Report form; rules; fees.
Section 537.895 - Water Resources Department Geotechnical Fund.
Section 537.990 - Criminal penalties.
Section 537.992 - Civil penalties; schedule of penalties; rules.