2021 Oregon Revised Statutes
Chapter 537 - Appropriation of Water Generally
Section 537.252 - Certificate issued for land not described in permit; notice.


(a) Water furnished by the district under the permit has been applied beneficially to the land;
(b) The land not described in the permit that is proposed to be included in the certificate is included within the legally established boundaries of the district and is subject to the charges, assessments and liens of the district;
(c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;
(d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and
(e) The impact to the water source of including land not described in the permit will not differ significantly from the impact expected at the time the permit was issued for the lands described in the permit.
(2) If a district proposes to use water on lands not described in the permit, the Water Resources Department may issue a certificate that includes such additional lands if all of the conditions of subsection (1) of this section are satisfied and if, no later than 60 days before the district actually applies the water to the lands not described in the permit, the district provides written notice to the department. The notice shall include a copy of the original permit map modified to show the lands to be added and lands to be removed from the description of the place of use of the water. Upon receipt of the notice from the district, the department shall provide public notice of the proposed change by means of publication in the department’s weekly notice and by publication once each week for two successive weeks in a newspaper having general circulation in the county or counties in which the affected lands are located. The cost of publication shall be paid by the district.
(3) If a district has issued an order of inclusion or exclusion, the boundaries of the irrigation district shall be deemed to have been legally changed in the absence of approval of the Secretary of the Interior.
(4) As used in this section:
(a) "District" has the meaning given in ORS 540.505.
(b) "Legally established boundaries" means the boundaries of a district as established at the time of creation of the district and as the boundaries may have changed after creation of the district by an inclusion, exclusion or merger proceeding according to state law. [1995 c.218 §2; 1995 c.416 §21b; 2003 c.14 §343; 2011 c.52 §4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 537 - Appropriation of Water Generally

Section 537.040 - Registration of water for road construction, maintenance or reconstruction; fee; annual renewal statement; limitations; rules.

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 537.135 - Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception.

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 537.142 - Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program.

Section 537.143 - Limited license to use or store surface or ground water or to use stored water; 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 537.150 - Filing of application; determination of completeness; initial review; preliminary determination; notice; public comments; fees.

Section 537.153 - Review of application; proposed final order; presumption that use will not impair or be detrimental to public interest; standing; protest; final order; contested case hearing.

Section 537.160 - Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water.

Section 537.170 - Contested case hearing on application; final order; appeal.

Section 537.173 - Exceptions to final order; modified order.

Section 537.175 - Time limit for issuing final order or scheduling contested case hearing; applicant request for extension.

Section 537.190 - Terms and conditions of approval; municipal water supplies; release of stored water.

Section 537.211 - Issuance of permit if application approved; contents of permit; effect; rejection of application; change in permit terms.

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 537.230 - Time allowed for construction of irrigation or other work; extension; survey; map; requirements for supplemental water right.

Section 537.240 - Federal permit; time for obtaining; cancellation; time for beginning and completing work.

Section 537.248 - Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension.

Section 537.249 - Election to have proposed reservation considered as application for permit or rulemaking proceeding.

Section 537.250 - Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights.

Section 537.252 - Certificate issued for land not described in permit; notice.

Section 537.260 - Cancellation of permit for failure of proof of completion of appropriation; issuance of limited certificate; contest of issuance of certificate; exception for municipalities.

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 537.295 - Cancellation of permit when holder fails to continue to qualify as municipal applicant.

Section 537.297 - Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant.

Section 537.299 - Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare.

Section 537.310 - Acquisition of water rights for railway purposes; certificates.

Section 537.330 - Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply.

Section 537.332 - Definitions for ORS 537.332 to 537.360.

Section 537.334 - Findings.

Section 537.336 - State agencies authorized to request in-stream water rights; agreement required when supply is stored water.

Section 537.343 - Proposed final order; conditions.

Section 537.346 - Conversion of minimum perennial streamflows to in-stream water rights; special provisions for Willamette Basin.

Section 537.348 - Purchase, lease or gift of water right for conversion to in-stream water right; priority dates; split use.

Section 537.350 - Legal status of in-stream water right.

Section 537.356 - Request for reservation of unappropriated water for future economic development; priority date of reservation.

Section 537.358 - Rules for reservation for future economic development; application for use of reserved water.

Section 537.385 - Extension of irrigation season; rules; limitations.

Section 537.395 - Public recapture of water power rights and properties; no recapture of other rights.

Section 537.400 - Reservoir permits.

Section 537.405 - Exempt reservoirs; written notification to department; injury to other users.

Section 537.407 - Water right certificate for reservoirs existing before January 1, 1993; injury to other users; conversion of prior application to notice of exemption.

Section 537.409 - Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules.

Section 537.410 - Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit; irrigation districts, municipalities and public utilities excepted.

Section 537.445 - Hearing upon proposal to cancel permit or appropriation; cancellation suspended pending review.

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 537.470 - Allocation of conserved water by commission; criteria; percentage to state; certificates showing change in original water right.

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 537.525 - Policy.

Section 537.532 - Injection of ground water into aquifers; standards.

Section 537.534 - Rules for permitting and administering aquifer storage and recovery projects; limited license for test program; fees.

Section 537.535 - Unlawful use or appropriation of ground water, including well construction and operation.

Section 537.545 - Exempt uses; map; filing of use; fee; rules.

Section 537.605 - Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595; registration statement.

Section 537.610 - Recording registration statement; issuing certificate of registration; effect of certificate; rules; fees.

Section 537.615 - Application for permit to acquire new right or enlarge existing right to appropriate ground water; plans and drawings.

Section 537.620 - Determination of completeness of application; initial review; preliminary determination; notice; public comments.

Section 537.621 - Review of application; proposed final order; presumption; rebuttal; findings and conclusions; flow rate and duty; standing; protest; final order; contested case hearing.

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 537.627 - Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus.

Section 537.628 - Terms; conditions; time limit for issuing final order after contested case hearing.

Section 537.629 - Conditions or limitations to prevent interference with other users.

Section 537.630 - Time allowed for construction work under permit; extension; certificate of completion; survey; ground water right certificate; requirements for supplemental water right.

Section 537.635 - Assignment of application, certificate of registration or permit.

Section 537.665 - Investigation of ground water reservoirs; defining characteristics and assigning names and numbers.

Section 537.670 - Determination of rights to appropriate ground water of ground water reservoir.

Section 537.675 - Determination of rights in several reservoirs or of critical ground water area in same proceeding.

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 537.742 - Contested case proceeding to limit use of ground water in 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 537.746 - Mitigation credits for projects in Deschutes River Basin; relationship to water made available; rules; annual report.

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 537.765 - Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission.

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 537.783 - Reinjection of geothermal fluids; rules and standards; water pollution control facilities permit.

Section 537.785 - Fees.

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 537.810 - Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions.

Section 537.835 - City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek.

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.