Oregon Revised Statutes

Or. Rev. Stat. § 537.160 (2026)

Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water

✓ current as of May 2026

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537.160 Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water. (1) Subject to the provisions of subsections (2) and (3) of this section, and of ORS 537.170 and 537.190, the Water Resources Department shall approve all applications made in proper form which contemplate the application of water to a beneficial use, unless the proposed use conflicts with existing rights.

(2) The department may not approve an application for a permit to appropriate waste or seepage water, which is to be carried through an existing ditch or canal not owned wholly by the applicant until the applicant files with the department an agreement between the applicant and the owner of the ditch or canal, authorizing its use by the applicant to carry the water.

(3) The department shall reject every application for a permit to appropriate water to develop hydroelectric power if the department finds that the proposed project does not comply with the standards set forth in ORS 543.017 or rules adopted by the Water Resources Commission under ORS 543.017. [Amended by 1985 c.569 §18; 1985 c.673 §197; 1995 c.416 §12]

Notes of Decisions

Cited in 10 cases (5 in the last 5 years), 1981–2025 · leading case: East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023).

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East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). · cites it 4× “’ “In addition, ORS 537.160(1) states that the Department ‘shall approve all applications made in proper form which contemplate the application of water to a beneficial use, unless the proposed use conflicts with existing rights.”

Benz v. Water Resources Comm'n, 764 P.2d 594 (Or. Ct. App. 1988). · cites it 2× “ORS 537.160(1) provides that the Commission “shall approve all applications made in proper form which contemplate the application of water to a beneficial use, unless the proposed use conflicts with existing rights.”

Teel Irrigation Dist. v. Water Resources Dep't, 919 P.2d 1172 (Or. 1996). “Subject to various conditions that are not relevant in this case, the department must approve a proper application that contemplates the beneficial use of water, unless the proposed use conflicts with existing water rights.”

Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004). “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.”

Hennings v. Water Resources Dep't, 622 P.2d 333 (Or. Ct. App. 1981). “510 - 540.530. Thus, the statute limits the certificate holder’s right by authorizing use of appropriated water only for the *125 specific purpose set out in the application which the Water Resources director has determined to be beneficial.”

WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020). “010 (setting 1 See ORS 537.160(1), (3); ORS 537.170(8)(a) (referring to “the highest use of the water for all purposes, including irrigation, domestic use, municipal water supply, power development, public recreation, protection of commercial and game fishing and wildlife, fire…”

East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “For example, by requiring the department to approve all applications made in proper form that contemplate applying water to beneficial uses (and do not conflict with existing rights), ORS 537.160(1) effectively conditions the issuance of a certificate on the appropriated water…”

East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). · cites it 4× “’ “In addition, ORS 537.160(1) states that the Department ‘shall approve all applications made in proper form which contemplate the application of water to a ben- eficial use, unless the proposed use conflicts with existing rights.”

WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021). “To get a permit, applicants must specify how they intend to use the water.”

— Or. Rev. Stat. § 537.160(1) — 8 cases

East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). “’ “In addition, ORS 537.160(1) states that the Department ‘shall approve all applications made in proper form which contemplate the application of water to a beneficial use, unless the proposed use conflicts with existing rights.”

Benz v. Water Resources Comm'n, 764 P.2d 594 (Or. Ct. App. 1988). “ORS 537.160(1) provides that the Commission “shall approve all applications made in proper form which contemplate the application of water to a beneficial use, unless the proposed use conflicts with existing rights.”

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