Oregon Revised Statutes

Or. Rev. Stat. § 537.090 (2026)

Laws applicable to geothermal wells

✓ current as of May 2026

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537.090 Laws applicable to geothermal wells. (1) The provisions of this chapter relating to appropriation and water rights do not apply to the production of fluid from a well with a bottom hole temperature of at least 250 degrees Fahrenheit.

(2) Production of fluids from a well with a bottom hole temperature of at least 250 degrees Fahrenheit shall be regulated as a geothermal resource under the applicable sections of ORS chapter 522.

(3) If the bottom hole temperature of a well that was initially less than 250 degrees Fahrenheit increases to at least 250 degrees Fahrenheit, the State Geologist and the Water Resources Commission, after consulting with the well owner, shall determine the agency with regulatory responsibility for that specific well. This determination shall be documented in writing and shall supersede a determination made under subsection (2) of this section. [1981 c.589 §3; 1985 c.673 §21]

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009).

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Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009). “079(1)(b) (“entity that is licensed or regulated under federal or state law”); ORS 446.”

— Or. Rev. Stat. § 537.090(2) — 1 case

Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009). “079(1)(b) (“entity that is licensed or regulated under federal or state law”); ORS 446.”

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