(a) Has a storage capacity of less than 9.2 acre-feet or a dam or impoundment structure less than 10 feet in height;
(b) Does not injure any existing water right;
(c) Does not pose a significant detrimental impact to existing fishery resources as determined on the basis of information submitted by the State Department of Fish and Wildlife; and
(d) Is not prohibited under ORS 390.835.
(2) An application for a water right permit for a reservoir under subsection (1) of this section shall provide sufficient information to demonstrate compliance with the criteria set forth in subsection (1) of this section. The application shall:
(a) Include the quantity of water to be stored by the reservoir, a map indicating the location of the reservoir and the source of the water used to fill the reservoir; and
(b) Be accompanied by the fee established in ORS 536.050 (1)(q).
(3) The map required under subsection (2) of this section need not be prepared by a water right examiner certified under ORS 537.798. The map submitted with the application shall comply with standards established by the Water Resources Commission.
(4) Within 60 days after receiving an application under subsection (1) of this section, the Water Resources Department shall provide public notice of the application in the manner the department determines to be the most appropriate.
(5) Within 60 days after the department provides public notice under subsection (4) of this section, any person may submit detailed, legally obtained information in writing, requesting the department to deny the application for a permit on the basis that the reservoir:
(a) Would result in injury to an existing water right; or
(b) Would pose a significant detrimental impact to existing fishery resources.
(6) In accordance with rules established by the Water Resources Commission for an expedited public interest review process for applications submitted under this section or in response to a request under subsection (5) of this section, the department shall conduct a public interest review of the reservoir application. The review shall be limited to issues pertaining to:
(a) Water availability;
(b) Potential detrimental impact to existing fishery resources; and
(c) Potential injury to existing water rights.
(7) Within 180 days after the department receives an application for a permit under subsection (1) of this section, the department shall issue a final order granting or denying the permit or granting the permit with conditions.
(8) If the department issues an order under subsection (7) of this section denying the permit, the applicant may request a contested case hearing, which shall be conducted in accordance with applicable provisions of ORS chapter 183.
(9) If the department does not find injury or impact under subsection (6) of this section and the department issues a final order under subsection (7) of this section allowing the issuance of a permit, the order shall be subject to judicial review of orders in other than contested cases as provided in ORS chapter 183.
(10) Notwithstanding the requirement for a survey under ORS 537.230, a survey of the appropriation is not required for a reservoir that has a storage capacity of less than 9.2 acre-feet of water. For a reservoir qualifying under this subsection, a permittee shall submit to the department a claim of beneficial use within one year after the date of completion of construction. A claim of beneficial use for a reservoir qualifying under this subsection shall require only a written affidavit signed by the permittee that includes the following:
(a) The dimensions of the reservoir.
(b) The maximum capacity of the reservoir in acre-feet.
(c) A map identifying the location of the reservoir. The map shall comply with standards established by the Water Resources Commission. The map required under this subsection need not be prepared by a water right examiner certified under ORS 537.798.
(11) Any person applying for a secondary permit for the use of stored water from a reservoir qualifying under subsection (10) of this section shall submit a survey prepared by a water right examiner certified under ORS 537.798. The survey required under this subsection shall apply to the storage reservoir and to the secondary use of the water in the reservoir. [1995 c.752 §4; 1997 c.446 §5; 1997 c.502 §2; 1997 c.587 §7; 2005 c.410 §4; 2017 c.704 §3]
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.