reglab/housing_qa huggingface dataset:
OR Rev Stat § 537.805 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.805 - Processing of application; hearing; action on application.

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, at the applicant’s expense. (2) When the comprehensive review is complete, the commission shall issue a preliminary analysis of the application that addresses the factors under ORS 537.803 and any other information the commission considers relevant. The preliminary analysis, or a reasonable summary, shall be published at the applicant’s expense for two consecutive weeks in a newspaper of general circulation in the basin of origin of the proposed appropriation, diversion or impoundment. (3) Following publication, the commission shall conduct a public hearing at the applicant’s expense, in the basin of origin. The hearing shall be for comment on the factors analyzed under ORS 537.803 and standards that otherwise apply to the proposed appropriation or transfer. (4) After considering the application, the information generated during the comprehensive review of the application, all comments received at the hearing and written comments received within 20 days after the date of the public hearing, the commission shall: (a) If the application requires legislative approval under ORS 537.810, submit a report to the Legislative Assembly that addresses all factors analyzed under ORS 537.803 and recommends whether to approve or deny the application for use of water outside the basin of origin; or (b) If the application does not require legislative approval under ORS 537.810, approve or deny the application in accordance with the procedures and standards that otherwise govern the application, giving due consideration to factors set forth in ORS 537.803. [1989 c.936 §5; 2011 c.52 §5]
OR Rev Stat § 537.809 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.809 - Reservation of water in basin of origin.

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-basin use to that reservation. [1989 c.936 §6]
OR Rev Stat § 537.810 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.810 - Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions.

(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 consent to any such request it may attach thereto such terms, conditions, exceptions, reservations, restrictions and provisions as it may care to make in the protection of the natural resources of the basin and the health and welfare of the present and future inhabitants of the basin within which the water arises or is located. (2) Subsection (1) of this section shall not apply to appropriations or diversions of less than 50 cubic feet per second out of the basin of origin. (3) Subsection (1) of this section shall not apply to appropriations or diversions within the Klamath River Basin as defined in ORS 542.620 or within the Goose Lake Basin as defined in ORS 542.520, so long as those statutes remain in effect. (4) This section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [Amended by 1989 c.936 §7]
OR Rev Stat § 537.820 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.820 - Application of provisions to waters forming common boundary between states.

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, except that said sections shall not apply to the diversion, impoundment or appropriation of waters for the development of hydroelectric energy, flood control, irrigation or other uses in waters forming a boundary of the state in cases where such waters are not to be diverted from the drainage basin wherein such waters are located.
OR Rev Stat § 537.830 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.830 - Condemnation of waters for use outside basin of origin.

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 §8]
OR Rev Stat § 537.835 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.835 - City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek.

(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 North, Range 38, E.W.M., Umatilla County, Oregon, for the beneficial use of both the State of Oregon and within the City of Walla Walla, State of Washington, subject to the following terms and conditions: (a) The City of Walla Walla shall pay the entire cost of constructing and maintaining this project; and (b) The City of Walla Walla shall employ only residents and inhabitants of the State of Oregon in the construction and maintenance of the project. (2) The Water Resources Commission may from time to time direct that a designated portion of the impounded waters shall be held in the State of Oregon for fire protection, for use by Oregon residents, for wildlife habitat needs, and to maintain proper streamflow during the summer months. (3) Prior to commencing construction, the City of Walla Walla shall make application for such appropriation, impoundment and diversion to the Water Resources Commission and such appropriation, impoundment and diversion shall be allowed upon such additional terms, conditions, reservations, restrictions and provisions, including minimum streamflow, as the Water Resources Commission shall impose for the protection and benefit of the State of Oregon. [1975 c.732 §2; 1985 c.673 §76]
OR Rev Stat § 537.840 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.840 - Legislative consent; filing of certified copy; appropriation rights and procedure.

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 manner provided by the laws of this state for the appropriation of waters for beneficial use, subject to all existing rights and valid prior appropriations and subject to the terms, conditions, exceptions, reservations, restrictions and provisions of such legislative consent. [Amended by 1985 c.673 §77]
OR Rev Stat § 537.850 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.850 - Suits to protect state interests; right of redress to private persons.

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 are given right of redress against such violator at private suit or action under any appropriate remedy at law or in equity.
OR Rev Stat § 537.855 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.855 - Domestic water supply district permitted to divert water out of state; conditions.

(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 conditions: (a) The majority of the property is within Oregon. (b) The property is developed with economic benefit to Oregon as well as to the adjoining state, in the judgment of the domestic water supply district. (c) The costs of the diversion are borne by the developer or owner of the property. (d) The developer employs only residents of Oregon in the construction necessary for the diversion of water. (2) The diversion of water under this section shall be subject to additional terms, conditions, reservations, restrictions and provisions as the Water Resources Commission shall impose for the protection and benefit of the State of Oregon. [1985 c.572 §2; 1987 c.158 §115]
OR Rev Stat § 537.860 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.860 - Vested rights protected.

ORS 537.810 to 537.850 shall not affect any valid prior appropriation or water right existing on May 12, 1951.
OR Rev Stat § 537.870 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.870 - Out-of-state municipalities; acquisition of land and water rights in Oregon.

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 obtains or desires to obtain its water supply.
OR Rev Stat § 537.880 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.880 - Policy; log requirement; reporting.

(1) The activity of drilling geotechnical holes is declared to be an activity affecting the public welfare, health and safety. In order to enable this state to protect the welfare, health and safety of its citizens, any person that drills a geotechnical hole shall keep a log of each geotechnical hole that is drilled and submit a report to the Water Resources Commission within 30 days after the completion of the drilling. (2) This section applies to geotechnical holes that are: (a) Greater than 18 feet deep; (b) Within 50 feet of a water supply or a monitoring well; (c) Used to determine water quality and open less than 72 hours; or (d) Drilled in an area known or reasonably suspected to be contaminated. [2009 c.767 §2]
OR Rev Stat § 537.885 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.885 - Licensing or registration required for drilling of geotechnical hole.

The person responsible for the drilling of a geotechnical hole for which a report is required under ORS 537.880 must have: (1) A current monitoring well constructor’s license as specified in rules adopted by the Water Resources Commission; (2) A current water supply well constructor’s license as specified in rules adopted by the commission; (3) A current certificate of registration as a geologist issued under ORS 672.505 to 672.705; or (4) A current certificate of registration as an engineer issued under ORS 672.002 to 672.325. [2009 c.767 §3]
OR Rev Stat § 537.890 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.890 - Report form; rules; fees.

(1) The Water Resources Commission may prescribe by rule the form, contents, filing deadline and other requirements for the report required under ORS 537.880. (2)(a) Except as provided in paragraph (b) of this subsection, each report required to be submitted under ORS 537.880 must be accompanied by a recording fee of $25. (b) If more than one geotechnical hole is drilled within seven days at the same project site, each report for each geotechnical hole drilled after the first geotechnical hole must be accompanied by a recording fee of $10. (3) Fees collected under this section shall be deposited to the Water Resources Department Geotechnical Fund. [2009 c.767 §4]
OR Rev Stat § 537.895 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.895 - Water Resources Department Geotechnical Fund.

(1) The Water Resources Department Geotechnical Fund is established in the State Treasury, separate and distinct from the General Fund. (2) The Water Resources Department Geotechnical Fund shall consist of: (a) Recording fees paid under ORS 537.890; and (b) All moneys from gifts, grants or appropriations to the fund. (3) Moneys in the Water Resources Department Geotechnical Fund are continuously appropriated to the Water Resources Department for department duties, functions and powers related to geotechnical holes. [2009 c.767 §5]
OR Rev Stat § 537.990 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.990 - Criminal penalties.

(1) Violation of ORS 537.130 (2) is a Class B misdemeanor. (2) Any person who willfully diverts or uses water to the detriment of others without compliance with law shall be punished as provided in subsection (1) of this section. The possession or use of water, except when a right of use is acquired in accordance with law, shall be prima facie evidence of the guilt of the person using it. (3) Violation of ORS 537.535 (1) or 537.747 is a Class B misdemeanor. [Subsection (3) enacted as 1955 c.708 §36; 1963 c.293 §3; 1981 c.416 §8; 2011 c.597 §225]
OR Rev Stat § 537.992 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 537 - Appropriation of Water Generally|Section 537.992 - Civil penalties; schedule of penalties; rules.

(1) In addition to any other remedy provided by law, the Water Resources Commission may impose a civil penalty against any person who, in the construction of a well, violates any provision of ORS 537.747 to 537.795 and 537.992, or any rule promulgated pursuant thereto. A civil penalty shall be in an amount determined by the commission in accordance with the rules adopted under subsection (2) of this section. However, the commission shall not impose a civil penalty under this section if the commission, by exercising other authority granted under ORS 537.505 to 537.795 and 537.992, causes the person to comply with the provisions of ORS 537.747 to 537.795 and 537.992 or rules adopted thereunder. (2) The commission shall adopt by rule a schedule of penalties for violation of ORS 537.747 to 537.795 and 537.992, not to exceed $1,000 for each occurrence defined in the rules as a major violation, and not to exceed $250 for each occurrence defined in the rules as a minor violation. Under no circumstances may a penalty for a violation of ORS 537.762 or 537.765 exceed $250. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. (4) All amounts recovered under this section shall be deposited in the General Fund. [Formerly 537.792 ]_______________
OR Rev Stat § 538.010 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.010 - Waters diverted from Ditch Creek; rights of use and appropriation; certificate; time limitation.

(1) The waters of Ditch Creek which were diverted to and became a part of the waters of Willow Creek, under the provisions of chapter 324, Oregon Laws 1939, are subject to the same rights of use and appropriation as the original waters of Willow Creek. (2) The right of the county court of Morrow County to divert and store the waters of Ditch Creek, acquired under the certificate issued by the Water Resources Director licensing such diversion and storage, shall date from the time the application to divert and store such waters was filed. The waters shall be used for the purposes, in the manner and under the conditions set forth in the certificate, for such time as the use is for the public interest. If the waters are not used under the license for a five-year period, the license shall expire.
OR Rev Stat § 538.020 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.020 - Acquisition of property necessary for storage and diversion.

The county court of Morrow County may, for the purposes set forth in chapter 324, Oregon Laws 1939, acquire, in the name of the county and for the use of the public, by purchase, eminent domain proceedings, lease, grant, gift, bequest, devise or any other legal means, real and personal property, rights of way, easements and other property rights or privileges necessary to effect the storage and diversion of the waters referred to in that Act, and maintain and care for such property and rights in the manner provided by statute for the care and maintenance of other county property.
OR Rev Stat § 538.110 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.110 - Tumalo Creek, Deschutes County; diversion prohibited; excepted uses; existing rights.

For the purpose of maintaining and perpetuating the recreational and scenic resources of Oregon, the waters of that portion of Tumalo Creek, in Deschutes County, situated above a point one-half mile above the intake of the Columbia Southern Canal in section 2, township 18 south, range 10 east, Willamette Meridian, in Deschutes County, shall not be diverted for any purposes whatsoever, except for municipal, domestic and stock uses. Nothing in this section shall be construed to impair any vested rights existing as of June 4, 1929, in the creek or its tributaries. This section shall not apply to the waters of the south fork of Tumalo Creek. [Amended by 1959 c.223 §1]
OR Rev Stat § 538.120 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.120 - Silver Creek, Marion County, and Brushes Creek, Curry County, and tributaries; diversion prohibited.

The waters of the north and south forks of Silver Creek and of all tributaries thereof above the confluence of the north and south forks of Silver Creek, all in Marion County, also Brushes Creek and all its tributaries in township 33 south, range 14 west, Willamette Meridian, in Curry County, are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except for use in state parks and except as set forth in ORS 538.130 and section 2, chapter 480, Oregon Laws 1965. [Amended by 1965 c.480 §1]
OR Rev Stat § 538.125 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.125 - Certain appropriations vested notwithstanding ORS 538.120.

All appropriations made under the provisions of section 2, chapter 480, Oregon Laws 1965, shall become vested when completed as provided by ORS 537.250. Any person having obtained a vested water right prior to April 19, 1967, under the provisions of section 2, chapter 480, Oregon Laws 1965, may apply to the Water Resources Commission for an increase of vested water rights, as provided by ORS chapter 537. [1967 c.169 §1; 1985 c.673 §78]
OR Rev Stat § 538.130 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.130 - Condemnation of lands for park; vested and riparian rights not affected.

ORS 538.120 shall not prevent the condemnation for public park purposes of any lands through which any of the streams flow, nor affect vested rights or the rights of riparian proprietors of such lands in or to the water of the creeks or streams.
OR Rev Stat § 538.140 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.140 - Diamond Lake and tributaries; diversion, interruption or appropriation of waters prohibited; excepted uses.

In order to maintain, increase and perpetuate game fish and game fish propagation within Oregon, the waters or use of the waters of Diamond Lake and its tributaries situated in Douglas County shall not be diverted, interrupted or appropriated for any purpose whatsoever, except for domestic use on contiguous and surrounding land or other water uses necessary to maintain, increase and perpetuate game fish and game fish propagation in Diamond Lake and its tributaries. [Amended by 1999 c.252 §1]
OR Rev Stat § 538.150 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.150 - Hackett Creek, Clackamas County, and tributaries; appropriation, condemnation and diversion prohibited; protection of fish.

The waters of Hackett Creek, a tributary of the Sandy River located in Clackamas County, and of the tributaries of Hackett Creek, are withdrawn from appropriation or condemnation and shall not be diverted or interrupted for any purpose whatsoever, except for protecting fish life therein by the State Fish and Wildlife Commission.
OR Rev Stat § 538.160 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights|Section 538.160 - Hackett Creek; vested rights not affected; condemnation of land for park not prevented.

ORS 538.150 shall not affect vested water rights or prevent condemnation for public park purposes of lands through which Hackett Creek or its tributaries flow.