537.130 Permit
to appropriate water required; notification to owner of certain land. (1) Except for a use exempted
under ORS 537.040, 537.141, 537.142, 537.143 or 537.800 or under the
registration system set forth in ORS 537.132, any person intending to acquire
the right to the beneficial use of any of the surface waters of this state shall,
before beginning construction, enlargement or extension of any ditch, canal or
other distributing or controlling works, or performing any work in connection
with the construction, or proposed appropriation, make an application to the
Water Resources Department for a permit to make the appropriation.
(2) Except for a
use exempted under ORS 537.040, 537.141, 537.142, 537.143 or 537.800 or under
the registration system set forth in ORS 537.132, a person may not use, store
or divert any waters until after the department issues a permit to appropriate
the waters.
(3) The
department may not issue a permit without notifying the owner, as identified in
the application, of any land to be crossed by the proposed ditch, canal or
other work as set forth in the application filed pursuant to ORS 537.140. The
department shall provide the notice even if the applicant has obtained written
authorization or an easement from the owner.
(4) If more than
25 persons are identified in the application as required under subsection (3)
of this section, the department may provide the notice required under
subsection (3) of this section by publishing notice of the application in a
newspaper having general circulation in the area in which the proposed ditch,
canal or other work is located at least once each week for at least two
successive weeks. The cost of the publication shall be paid by the applicant in
advance to the department. [Amended by 1985 c.310 §3; 1985 c.673 §25; 1989
c.509 §3; 1991 c.370 §4; 1995 c.365 §1; 1995 c.416 §2a; 2005 c.14 §2; 2011 c.52
§2]
Notes of Decisions
Appleton v. Oregon Iron & Steel Co., 366 P.2d 174 (Or. 1961).
· cites it 4× “Until these proceedings were instituted the contestee had not made an application to appropriate the water in question as required by ORS 537.130, although each year since 1912 it had filed with the State Engineer an Annual Statement of Water Power Claimant as required by ORS…”
Teel Irrigation Dist. v. Water Resources Dep't, 919 P.2d 1172 (Or. 1996).
“ORS 537.130. The application for the permit must include the following information: (1) the source of the water supply; (2) the nature and amount of the proposed use; (3) the location and description of the proposed diversion; (4) the time within which the applicant proposes to…”
WaterWatch of Oregon, Inc. v. Water Resources Comm'n, 112 P.3d 443 (Or. Ct. App. 2005).
“348 and OAR 690, division 77; “(c) A permit to appropriate water for the purpose of artificial recharge of a ground water reservoir pursuant to ORS 537.135 and OAR 690, division 350; “(d) A secondary permit to use stored water from an existing reservoir obtained pursuant to ORS…”
Teel Irrigation Dist. v. Water Resources Dep't, 898 P.2d 1344 (Or. Ct. App. 1995).
· cites it 2× “ORS 537.130. When the application is for a permit for irrigation, it must include "the legal subdivisions of the land and the acreage to be irrigated, as near as may be.”
Hannigan v. Hinton, 97 P.3d 1256 (Or. Ct. App. 2004).
· cites it 2× “ORS 537.130 provides that water may be appropriated only when the requirements for a water permit are met.”
Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004).
“See ORS 537.130; ORS 537.160; ORS 537.190. WaterWatch further explains that the legislature has adopted specific requirements, including time requirements for how and when water must be applied to a beneficial use under the permitting scheme.”
Diack v. City of Portland, 759 P.2d 1070 (Or. 1988).
“142 [not applicable here], any person intending to acquire the right to the beneficial use of any of the surface waters of this state shall, before beginning construction, enlargement or extension of any ditch, canal or other distributing or controlling works, or performing any…”
— Or. Rev. Stat. § 537.130(1) — 6 cases
Hannigan v. Hinton, 97 P.3d 1256 (Or. Ct. App. 2004).
“ORS 537.130 provides that water may be appropriated only when the requirements for a water permit are met.”
— Or. Rev. Stat. § 537.130(2) — 4 cases
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