reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.787 - Investigation of violation of ground water laws; remedies for violation.

(1) The Water Resources Commission, upon the commission’s own initiative, or upon complaint alleging violation of any provision of ORS 537.505 to 537.795 and 537.992, or any rule adopted pursuant thereto, may investigate to determine whether a violation has occurred. If the investigation indicates that a violation has occurred, the commission shall notify the persons responsible for the violation, including:
(a) Any well constructor involved; and
(b) The landowner, if the violation involves construction, alteration, operation, abandonment or conversion of a well.
(2) If, after notice and opportunity for hearing under ORS chapter 183 the commission determines that one or more violations have occurred, the commission may:
(a) Provide additional time for remedy of the violation if the commission has reason to believe adequate repair or other remedy will be carried out within the specified period.
(b) If one or more persons responsible for the violation hold a water well constructor’s license, suspend, revoke or refuse to renew the license.
(c) Assess a civil penalty under ORS 537.992, on the well constructor or other responsible party, including the landowner if the landowner was involved in the well construction.
(d) If an involved constructor or landowner has a surety bond required by ORS 537.753 (1) or (4) in effect, make demand on the bond in an amount not to exceed the cost of remedying the violation.
(e) Impose any reasonable condition on the water well constructor’s license to insure compliance with applicable laws and provide protection to the ground water of the State of Oregon. Such action shall be conducted as a contested case proceeding according to the applicable provisions of ORS chapter 183.
(f) Any other action authorized by law.
(3) The commission may terminate proceedings against a person if:
(a) The landowner does not permit the person involved in proceedings to be present at any inspection made by the commission; or
(b) The commission determines that the person involved in proceedings is capable of complying with recommendations made by the commission, but the landowner does not permit the person to comply with the recommendations. [1985 c.615 §5; 1985 c.673 §199; 1999 c.293 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.789 - Well identification number.

(1) As used in this section, "licensed or permitted person" means a person licensed under ORS 537.747 or permitted under ORS 537.753 (4).
(2) A licensed or permitted person who files a well log under ORS 537.765 shall include on the well log the identification number provided by the Water Resources Department. The licensed or permitted person shall affix the identification number to the well no later than 30 days after completing work on the well.
(3) If a well does not have an identification number affixed to it at the time the property upon which the well is located is transferred, the owner of the property shall affix to the well the identification number obtained from the department under ORS 537.791 within 30 days.
(4) The identification number affixed to the well shall be clearly visible to a person looking for the number and shall meet minimum standards as recommended by the ground water advisory committee appointed under ORS 536.090 and adopted by the Water Resources Commission. [1993 c.774 §9; 2021 c.610 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.791 - Request for well identification number.

(1) A landowner may apply to the Water Resources Department for a number to identify a well on the landowner’s property.
(2) If the department has not previously assigned an identification number to the well, no later than 10 days after receiving an application under this section, the department shall assign an identification number to the well. [1993 c.774 §10; 2021 c.610 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.793 - Effect of failure to comply with ORS 537.789 or 537.791.

Failure of a seller to comply with the provisions of ORS 537.789 or 537.791 does not invalidate an instrument of conveyance of real estate. [1993 c.774 §11; 2005 c.14 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.795 - ORS 537.505 to 537.795 supplementary.

ORS 537.505 to 537.795 and 537.992 are intended to be supplementary and in addition to and are not intended to repeal any law relating to the surface waters of this state. [1955 c.708 §35]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.796 - Rules regarding low temperature geothermal appropriations.

The Water Resources Commission shall adopt by rule an initial temperature below which low temperature geothermal appropriations shall not be protected from thermal interference caused by ground water appropriations for other purposes. [1989 c.201 §§7,8]
Note:
537.796 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.797 - Criteria for certification to determine work completion; rules.

(1) As used in this section:
(a) "District" means:
(A) An irrigation district formed under ORS chapter 545;
(B) A drainage district formed under ORS chapter 547;
(C) A water improvement district formed under ORS chapter 552; or
(D) A water control district formed under ORS chapter 553.
(b) "Registered geologist" has the meaning given that term in ORS 672.505.
(c) "Registered professional engineer" and "registered professional land surveyor" have the meanings given those terms in ORS 672.002.
(2) The Water Resources Commission by rule shall establish criteria for certification under ORS 537.798 to conduct surveys to determine whether a permittee has completed all work necessary to perfect an appropriation of water under ORS 537.230, 537.630 and 540.530.
(3) An individual may apply for certification under ORS 537.798 if the individual meets the criteria established by rule by the commission and is a:
(a) Registered professional engineer;
(b) Registered professional land surveyor;
(c) Registered geologist; or
(d) District employee who:
(A) Is, at the time of applying, employed full-time by a district;
(B) Has been employed by a district for seven or more years; and
(C) Has seven or more years of relevant technical experience conducting similar work. [1987 c.542 §1; 1989 c.171 §70; 1995 c.7 §1; 2009 c.259 §29; 2023 c.532 §1; 2023 c.606 §17]
Note:
The amendments to 537.797 by section 3, chapter 532, Oregon Laws 2023, and section 19, chapter 606, Oregon Laws 2023, become operative July 1, 2027. See section 5, chapter 532, Oregon Laws 2023, and section 21, chapter 606, Oregon Laws 2023. The text that is operative on and after July 1, 2027, is set forth for the user’s convenience.
The Water Resources Commission by rule shall establish criteria for the certification of geologists, as defined in ORS 672.505, and persons engaged in the practice of engineering and the practice of land surveying, as those terms are defined in ORS 672.005, to conduct surveys to determine whether a permittee has completed all work necessary to perfect an appropriation of water under ORS 537.230, 537.630 and 540.530.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.799 - Survey for issuance of water right certificate.

Any person who has applied for or received a permit or a transfer to appropriate water under ORS 537.211, 537.625 or 540.530 on or before July 9, 1987, shall notify the Water Resources Department that the work has been completed and either:
(1) Hire a water right examiner certified under ORS 537.798 to conduct a survey, the original to be submitted as required by the Water Resources Department, for issuance of a water right certificate; or
(2) Continue to appropriate water under the water right permit or transfer issued under ORS 537.211, 537.625 or 540.530 until the Water Resources Department conducts a survey and the commission issues a water right certificate under ORS 537.250 or 537.625. [1987 c.542 §3]
Note:
See second note under 537.797.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.800 - Waste, spring and seepage waters; laws governing.

(1) All ditches now or hereafter constructed, for the purpose of utilizing waste, spring or seepage waters, shall be governed by the same laws relating to priority of right as those ditches constructed for the purpose of utilizing the waters of running streams. However, the person upon whose lands the seepage or spring waters first arise shall have the right to the use of such waters.
(2) As used in this section, "spring" means a point where water emerges naturally from the earth as a result of gravity flow or artesian pressure. [Formerly 537.710; 1989 c.939 §2; 1991 c.200 §2; 1995 c.79 §303]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.801 - Definitions; findings.

(1) As used in ORS chapters 537 and 540:
(a) "Basin" means one of the river basins within this state, as defined by Water Resources Department Map No. 0.2, dated 1987, and entitled "Oregon Drainage Basins," unless the context requires otherwise.
(b) "Basin of origin" means the basin in which surface or ground water that is the subject of an application under ORS 537.211, 537.400, 537.620, 540.520, 543.210 or 543.290 is located.
(2) The Legislative Assembly finds that the transport of significant quantities of water outside the boundaries of the basin of origin may have a significant impact on the water and other resources of the basin of origin.
(3) Therefore, the Legislative Assembly declares that the waters of the state may not be appropriated, stored or diverted for use outside the basin of origin except in compliance with the provisions of ORS 537.801 to 537.860, including, if applicable, the prior approval of the Legislative Assembly under ORS 537.810. [1989 c.936 §§2,3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.803 - Application proposing use of water outside of basin of origin; contents.

(1) When an application for appropriation of water submitted under ORS 537.211, 537.400, 537.620, 543.210, 543.290 or for a change in the place of use of an existing water right submitted under ORS 540.520 proposes use of water outside the basin of origin, the application shall include, in addition to any other information required, an analysis of the following:
(a) The amount of water in the basin of origin available for future appropriation.
(b) Projected future needs for water in the basin of origin.
(c) Benefits presently and prospectively derived from the return flow of water used within the basin of origin that will be eliminated by the proposed out-of-basin use.
(d) The correlation between surface water and ground water in the basin of origin, and whether the proposed use will be harmful to the supply of either.
(e) Injury to existing water rights of other appropriators or interference with planned uses or developments within the basin of origin for which a permit has been issued or for which an application is pending.
(f) Whether the proposed use will adversely affect the quantity or quality of water available for domestic or municipal use within the basin of origin.
(g) Whether the proposed use will adversely affect public uses, as defined in ORS 537.332, in the basin of origin.
(h) Alternative sources of water for the proposed use that would not rely on transfer of water out of its basin of origin.
(2) This section shall apply only to an application filed on and after October 3, 1989.
(3) This section shall not apply to an application for exchange of water under ORS 540.533 to 540.543.
(4) This section shall not apply to an application for the transfer of less than 0.5 cubic feet per second of water.
(5) Subsection (1) of 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. [1989 c.936 §4]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.872 - Place-Based Water Planning Fund.

The Place-Based Water Planning Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Place-Based Water Planning Fund shall be credited to the fund. The fund consists of moneys appropriated to the fund by the Legislative Assembly and federal, public or private moneys designated for deposit in the fund. Moneys in the fund are continuously appropriated to the Water Resources Department for the purpose of carrying out the provisions of ORS 537.873. [2023 c.606 §15]
Note:
537.872 and 537.873 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.896 - Water supplier records; rules.

(1) A water supplier that sells water to the public at a distribution location authorized for hauled water by the water supplier shall:
(a) Maintain records of the water sales that include:
(A) The name and contact information of the person that purchased the water.
(B) The date of the sale.
(C) The quantity of the water.
(D) The license plate number of the vehicle used to haul the water.
(b) Retain the records for at least 12 months after the sales.
(c) Upon request by law enforcement or the Water Resources Department, immediately provide the records.
(2) Notwithstanding subsection (1)(a) of this section, a water supplier is not required to keep records of water sold:
(a) To state or local government bulk water purchasers.
(b) To contractors licensed by the Construction Contractors Board.
(c) In bulk to be used for firefighting purposes.
(3) Notwithstanding any contrary provision of law, a water supplier that provides records under subsection (1)(c) of this section shall have immunity from any civil or criminal liability:
(a) That might otherwise be incurred or imposed with respect to release of the records and any data in the records.
(b) With respect to participating in any judicial proceeding that results from the release of records or any data in the records.
(4) The Water Resources Commission may adopt rules to implement this section. [2022 c.52 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.897 - Records of purchases from water suppliers; rules.

(1) A person that purchases water from a water supplier at a distribution location to be hauled for irrigation or nursery purposes shall:
(a) Keep records of:
(A) The date and location of the purchase.
(B) The date on which the water is delivered.
(C) If hauling water for another person, the name and contact information of the person to whom the water will be delivered and the date of the delivery.
(D) The quantity of the water.
(E) The intended use of the water, including the type of plant for which the water is intended to be used.
(F) The location at which the water is used.
(b) Retain the records for at least 12 months after the water is delivered to the location of use.
(c) Upon request by law enforcement or the Water Resources Department, immediately provide the records.
(2) The Water Resources Commission may adopt rules to implement this section. [2022 c.52 §2]
Note:
See note under 537.896.
Note:
Section 3, chapter 52, Oregon Laws 2022, provides:
Sec. 3.
As soon as practicable after the effective date of this 2022 Act [June 3, 2022], the Oregon Liquor and Cannabis Commission, the State Department of Agriculture and the Water Resources Department shall make reasonable attempts to provide notice of the requirements described in section 2 of this 2022 Act [537.897] to potentially interested persons. [2022 c.52 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.898 - Hauling water used for Cannabis plants.

(1) A person may not haul water to, or arrange for the hauling of water to, a grow site for plants in the plant Cannabis family Cannabaceae if:
(a) The grow site is not registered or licensed under ORS 475C.065, 475C.792 or 571.281; and
(b) The crop of plants is in an amount that is not allowed under state law.
(2) A person may not willfully or negligently provide false information to law enforcement or the Water Resources Department regarding the hauling of water related to plants in the plant Cannabis family Cannabaceae. [2022 c.52 §4]
Note:
See note under 537.896.
2023 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.
(4) Violation of ORS 537.387 or 537.898 (2) is a Class A misdemeanor.
(5)(a) Violation of ORS 537.898 (1) with criminal negligence, as defined in ORS 161.085, is a Class A misdemeanor.
(b) Notwithstanding ORS 161.635, the maximum fine for a violation described in this subsection is $25,000 if the person:
(A) Owns a water hauling business; or
(B) Owns, operates or is responsible for the grow site to which the water was hauled or arranged to be hauled.
(6)(a) Notwithstanding subsections (1) to (3) of this section, violation of ORS 537.130 (2) or 537.535 that concerns the use of water at a grow site for a crop of plants in the plant Cannabis family Cannabaceae is a Class A misdemeanor if:
(A) The grow site is not registered or licensed under ORS 475C.065, 475C.792 or 571.281; and
(B) The crop of plants is in an amount that is not allowed under state law.
(b) Notwithstanding ORS 161.635, the maximum fine for a violation described in this subsection is $25,000. [Subsection (3) enacted as 1955 c.708 §36; 1963 c.293 §3; 1981 c.416 §8; 2011 c.597 §225; 2022 c.52 §6; 2023 c.209 §12]
2023 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]
Note:
Sections 1 to 4, chapter 518, Oregon Laws 2023, provide:
Sec. 1.
If the Water Resources Department has information that a person has engaged in any activity that is in violation of ORS 537.130, 537.535, 540.710 or 540.720, in addition to any other available remedies, the department may apply to the Circuit Court for Marion County, or to the circuit court for any county in which the activity has occurred, for a temporary or permanent injunction requiring the person to:
(1) Refrain from the activity; and
(2) Take any actions necessary to remedy the violation or any threat to water supplies, public health or public safety resulting from the violation. [2023 c.518 §1]
Sec. 2.
Section 1 of this 2023 Act is repealed on January 2, 2030. [2023 c.518 §2]
Sec. 3.
(1) On or before September 15, 2028, the Water Resources Department shall report, in the manner prescribed in ORS 192.245, to a committee or interim committee of the Legislative Assembly related to water on the department’s use of injunctive authority pursuant to section 1 of this 2023 Act.
(2) The report must describe, but need not be limited to describing, the frequency of the department’s pursuit of injunctions pursuant to section 1 of this 2023 Act and the outcomes of applying for, and being granted, injunctions pursuant to section 1 of this 2023 Act. [2023 c.518 §3]
Sec. 4.
Section 3 of this 2023 Act is repealed on January 2, 2030. [2023 c.518 §4]
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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.
2023 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.
2023 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 538.170 - Johnson Creek in Multnomah and Clackamas Counties; limitations on appropriation or diversion.

(1) Except as provided in subsection (2) of this section, the waters of Johnson Creek, a tributary of the Willamette River and located in Multnomah and Clackamas Counties and all tributaries thereof, except flows of Crystal Springs Creek and its tributaries in excess of 10 cubic feet per second measured at the mouth of Crystal Springs Creek:
(a) Are withdrawn from appropriation or condemnation; and
(b) Shall not be diverted or interrupted for any purpose whatsoever, except for the purpose of protecting fish life therein by the State Department of Fish and Wildlife or for the purpose of developing hydroelectric power not to exceed 25 theoretical horsepower if such hydroelectric development does not diminish perennial streamflow required for the maintenance of fish life.
(2) The tributaries withdrawn from appropriation and condemnation, but not the main channel, of Johnson Creek are open to appropriation and storage from December 1 to June 1 of each year. Water stored during this period may be used at any time. [Amended by 1953 c.221 §2; 1965 c.249 §1; 1973 c.50 §1; 1979 c.360 §1]
2023 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 538.180 - Johnson Creek; existing rights; condemnation of land for park.

ORS 538.170 shall not affect rights to the use of Johnson Creek recognized or acquired pursuant to section 2, chapter 273, Oregon Laws 1935; nor shall anything contained in ORS 538.170 prevent condemnation for public park purposes of lands through which Johnson Creek flows.
2023 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 538.190 - Lake of the Woods and tributaries, Klamath County; 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 Lake of the Woods and its tributaries, situated in Klamath County, not already appropriated, shall not be diverted, interrupted or appropriated for any purpose whatsoever, except for domestic use on contiguous and surrounding land.