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Or. Rev. Stat. § 537.110

Public ownership of waters

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      537.110 Public ownership of waters. All water within the state from all sources of water supply belongs to the public.

Notes of Decisions
Cited in 24 cases (7 in the last 5 years), 1969–2025 · leading case: Fort Vannoy Irrigation District v. Water Resources Commission
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Fort Vannoy Irrigation District v. Water Resources Commission (2008) or “All waters in Oregon were declared to belong to the public subject to existing rights (ORS 537.110) and although such waters were declared to be subject to appropriation, they were appropriable only ‘as provided in the Water Rights Act and not otherwise * * *.”
Schnitzer Investment Corp. v. Certain Underwriters at Lloyd's of London (2005) orctapp “6 Plaintiff argues, however, that the studies also showed that the groundwater *158 under the property is contaminated and that some of the actions that DEQ threatened to require plaintiff to take involved evaluating and remedying the contamination of the groundwater.”
Schnitzer Investment Corp. v. Certain Underwriters at Lloyd's of London (2006) or “See ORS 537.110 (recognizing state ownership of water).”
Hale v. Water Resources Department (2002) orctapp · cites it 2× “ORS 537.110 provides that “[a]ll water within the state from all sources of water supply belongs to the public.”
Kinross Copper Corp. v. State (1999) orctapp “” ORS 537.110. The legislature then expressly recognized prior appropriation as the exclusive means of acquiring water rights in this state and established a comprehensive permit system for appropriating water.”
Rencken v. Young (1985) or “) The decree of the circuit court in confirming the water right controls the certificate of water right issued at a subsequent date by an administrative agency.”
Brusco Towboat Co. v. State Ex Rel. State Land Board (1978) or “See ORS 537.110. We need not reach that question.”
Lane Electric Cooperative, Inc. v. Federated Rural Electric Insurance (1992) orctapp “See ORS 537.110; Green v. Wheeler, 254 Or 424 , 458 P2d 938 (1969), cert den 397 US 990 (1970).”
East Valley Water v. Water Resources Commission (2023) orctapp “Regulatory Framework Under ORS 537.110, “[a]ll water within the state from all sources of water supply belongs to the public.”
Waterwatch of Oregon, Inc. v. Water Resources Department (2013) orctapp “” ORS 537.110. Subject to preexisting rights and various exceptions, “waters within the state may be appropriated for beneficial use, as provided in the Water Rights Act and not otherwise.”
North Pacific Insurance v. United Chrome Products, Inc. (1993) orctapp “See ORS 537.110; Green v. Wheeler, 254 Or 424, 458 P2d 938 (1969), cert den 391 US 990 (1970).”
Norden v. State (1999) orctapp “” ORS 537.800 specifically applies the permit requirement to the use of spring waters: “(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…”
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