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Oregon Revised Statutes

Or. Rev. Stat. § 537.140 (2026)

Application for permit; contents; maps and drawings

✓ current as of May 2026
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      537.140 Application for permit; contents; maps and drawings. (1)(a) Each application for a permit to appropriate water shall be made to the Water Resources Department on a form prescribed by the department and shall set forth:

      (A) The name and mailing address of the applicant;

      (B) The source of water supply including the name and mailing address of any owner of the land upon which the source of the water supply is located;

      (C) The nature and amount of the proposed use;

      (D) The location and description of the proposed ditch, canal or other work, including the name and mailing address of the owner of any lands that are not owned by the applicant and that are crossed by the proposed ditch, canal or other work even if the applicant has obtained written authorization or an easement from the owner;

      (E) A statement declaring whether the applicant has written authorization or an easement permitting access to nonowned land crossed by the proposed ditch, canal or other work;

      (F) The time within which it is proposed to begin construction;

      (G) The time required for completion of the construction;

      (H) The time for the complete application of the water to the proposed use; and

      (I) Any other information required in the application form that is necessary to evaluate the application as established by statute and rule.

      (b) If for agricultural purposes, the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.

      (c) Except as provided in subsection (2) of this section, if for power purposes, the application shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied.

      (d) If for construction of a reservoir, the application shall give the height of dam, the capacity of the reservoir, and the uses to be made of the impounded waters.

      (e) If for municipal water supply, the application shall give the present population to be served, and, as near as may be, the future requirements of the city.

      (f) If for mining purposes, the application shall give the nature of the mines to be served, and the methods of supplying and utilizing the water.

      (2) Any person who has applied to the Federal Energy Regulatory Commission for a preliminary permit or an exemption from licensing shall, at the same time, apply to the Water Resources Department for a permit to appropriate water for a hydroelectric project. An applicant for a permit to appropriate water for a new hydroelectric project shall submit to the department a complete copy of any application for the project filed with the Federal Energy Regulatory Commission or other federal agency. If the copy of the federal application is filed with the department at the same time it is filed with the federal agency, at the department’s discretion such copy may fulfill the requirements for an application under subsection (1) of this section.

      (3) Each application shall be accompanied by any map or drawing and all other data concerning the proposed project and the applicant’s ability and intention to construct the project, as may be prescribed by the Water Resources Commission. The accompanying data shall be considered a part of the application.

      (4) The map or drawing required to accompany the application shall be of sufficient quality and scale to establish the location of the proposed point of diversion and the proposed place of use identified by tax lot, township, range, section and nearest quarter-quarter section along with a notation of the acreage of the proposed place of use, if appropriate. In addition, the department shall accept locational coordinate information, including latitude and longitude as established by a global positioning system. If the application is for a water right for a municipal use, the map need not identify the proposed place of use by tax lot.

      (5) Each application for a permit to appropriate water shall be accompanied by the examination fee set forth in ORS 536.050 (1).

      (6) If the proposed use of the water is for operation of a mining operation as defined in ORS 517.952, the applicant shall provide the information required under this section as part of the consolidated application under ORS 517.952 to 517.989. [Amended by 1985 c.673 §27; 1987 c.542 §5; 1989 c.509 §4; 1991 c.735 §32; 1991 c.869 §6; 1993 c.557 §1; 1993 c.591 §2; 1995 c.365 §3; 1995 c.416 §5; 1997 c.446 §1; 1997 c.587 §4; 2013 c.371 §31; 2025 c.575 §4]

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1973–2023 · leading case: Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 188 P.3d 277 (Or. 2008).
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Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 188 P.3d 277 (Or. 2008). · cites it 4× “, an “application for a permit to appropriate water” — identify, inter alia, “the nature and amount of the proposed use; * * * the location and description of the proposed ditch, canal, or other work * * *; [and,] [i]f for agricultural purposes, * * * the legal subdivisions of…”
Teel Irrigation Dist. v. Water Resources Dep't, 898 P.2d 1344 (Or. Ct. App. 1995). · cites it 10× “" ORS 537.140(1)(b). The permit allows the holder to divert water from its source and apply it to a beneficial use, and it sets the priority date for the water right in relation to other users.”
Teel Irrigation Dist. v. Water Resources Dep't, 919 P.2d 1172 (Or. 1996). · cites it 2× “ORS 537.140(1)(a). “If for agricultural purposes, the application [also] shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.”
East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). · cites it 2× “130; see ORS 537.140 (describing informa- tion to be provided in application for permit).”
Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013). “130(1), (2); see also ORS 537.140 (setting out requirements for content of permit application; providing that permit is to be processed according to ORS 537.”
Hale v. Water Resources Dep't, 55 P.3d 497 (Or. Ct. App. 2002). “ORS 537.140; ORS 537.150. A person whose application for a permit has been granted may then apply for a water rights certificate that essentially vests in the applicant a permanent water right.”
Vandehey v. Wheeler, 499 P.2d 1319 (Or. Ct. App. 1973). · cites it 2× “They rely on: “Each application for a permit to appropriate water shall set forth * * * the source of water supply * * ORS 537.140 (1)(a). “An application may be approved * * * upon terms, limitations and conditions necessary for the protection of the public interest * # ORS 537.”
WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021). “ORS 537.120. With few exceptions, an appropriation can be made only with a state-issued permit.”
Waterwatch of Oregon, Inc. v. Boeing Agri-Indus. Co., 963 P.2d 744 (Or. Ct. App. 1998). “Inland similarly argues that the water rights statutes limit, the extent to which persons other than applicants may participate in the permit process—limits that would exclude petitioners in this case—and that the statutes, specifically ORS 537.140(7), further provide that…”
East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). · cites it 2× “130; see ORS 537.140 (describing informa- tion to be provided in application for permit).”
Bridge Creek Ranch v. Water Resources Dept. (Or. Ct. App. 2023). “” An application for a permit to appropriate water for a beneficial use is made pursuant to ORS 537.140: “(1)(a) Each application for a permit to appropriate water shall be made to the Water Resources Department on a form prescribed by the department and shall set forth: “* * *…”
— Or. Rev. Stat. § 537.140(1) — 3 cases
Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 188 P.3d 277 (Or. 2008). “, an “application for a permit to appropriate water” — identify, inter alia, “the nature and amount of the proposed use; * * * the location and description of the proposed ditch, canal, or other work * * *; [and,] [i]f for agricultural purposes, * * * the legal subdivisions of…”
East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). “130; see ORS 537.140 (describing informa- tion to be provided in application for permit).”
East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). “130; see ORS 537.140 (describing informa- tion to be provided in application for permit).”
— Or. Rev. Stat. § 537.140(1)(a) — 1 case
Teel Irrigation Dist. v. Water Resources Dep't, 919 P.2d 1172 (Or. 1996). “ORS 537.140(1)(a). “If for agricultural purposes, the application [also] shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.”
— Or. Rev. Stat. § 537.140(1)(a)(C) — 2 cases
Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 188 P.3d 277 (Or. 2008). “, an “application for a permit to appropriate water” — identify, inter alia, “the nature and amount of the proposed use; * * * the location and description of the proposed ditch, canal, or other work * * *; [and,] [i]f for agricultural purposes, * * * the legal subdivisions of…”
WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021). “ORS 537.120. With few exceptions, an appropriation can be made only with a state-issued permit.”
— Or. Rev. Stat. § 537.140(1)(b) — 2 cases
Teel Irrigation Dist. v. Water Resources Dep't, 898 P.2d 1344 (Or. Ct. App. 1995). “" ORS 537.140(1)(b). The permit allows the holder to divert water from its source and apply it to a beneficial use, and it sets the priority date for the water right in relation to other users.”
Teel Irrigation Dist. v. Water Resources Dep't, 919 P.2d 1172 (Or. 1996). “ORS 537.140(1)(a). “If for agricultural purposes, the application [also] shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.”
— Or. Rev. Stat. § 537.140(7) — 1 case
Waterwatch of Oregon, Inc. v. Boeing Agri-Indus. Co., 963 P.2d 744 (Or. Ct. App. 1998). “Inland similarly argues that the water rights statutes limit, the extent to which persons other than applicants may participate in the permit process—limits that would exclude petitioners in this case—and that the statutes, specifically ORS 537.140(7), further provide that…”
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