2021 Oregon Revised Statutes
Chapter 537 - Appropriation of Water Generally
Section 537.515 - Definitions for ORS 537.505 to 537.795 and 537.992.


(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 well includes boring, digging, drilling or excavating and installing casing or well screens.
(3) "Converting" a well means changing the use of an existing well or hole not previously used to withdraw water such that the well or hole can be used to seek or withdraw water.
(4) "Geothermal fluid" means any ground water used for its thermal characteristics that is encountered in a well with a bottom hole temperature of less than 250 degrees Fahrenheit or any other fluid that is circulated within a well with a bottom hole temperature of less than 250 degrees Fahrenheit and used for its acquired thermal characteristics.
(5) "Ground water" means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.
(6) "Ground water reservoir" means a designated body of standing or moving ground water having exterior boundaries which may be ascertained or reasonably inferred.
(7) "Pollution" of ground water means any impairment of the natural quality of such ground water, however caused, including impairment by salines, minerals, industrial wastes, domestic wastes or sewage, whether indrafted directly or through infiltration into the ground water supply.
(8) "Public agency" means the United States or any agency thereof, the State of Oregon or any agency thereof or any county, city, district organized for public purposes or other public corporation or political subdivision of this state.
(9) "Well" means any artificial opening or artificially altered natural opening, however made, by which ground water is sought or through which ground water flows under natural pressure or is artificially withdrawn. "Well" does not include a temporary hole drilled for the purpose of gathering geotechnical ground water quality or ground water level information, a natural spring or a hole drilled for the purpose of:
(a) Prospecting, exploration or production of oil or gas;
(b) Prospecting or exploration for geothermal resources, as defined in ORS 522.005;
(c) Production of geothermal resources, as defined in ORS 522.005, derived from a depth of greater than 2,000 feet; or
(d) Exploration for minerals as defined in ORS 517.750 and 517.910.
(10) "Well drilling machine" means any power driven percussion, rotary, boring, digging or augering machine used in the construction of water wells. [1959 c.708 §3; 1961 c.334 §6; 1975 c.552 §35; 1989 c.201 §1; 1989 c.939 §1; 1991 c.200 §1; 1995 c.79 §302; 1999 c.293 §1]

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.