Oregon Revised Statutes

Or. Rev. Stat. § 537.535 (2026)

Unlawful use or appropriation of ground water, including well construction and operation

✓ current as of May 2026

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537.535 Unlawful use or appropriation of ground water, including well construction and operation. (1) No person or public agency shall use or attempt to use any ground water, construct or attempt to construct any well or other means of developing and securing ground water or operate or permit the operation of any well owned or controlled by such person or public agency except upon compliance with ORS 537.505 to 537.795 and 537.992 and any applicable order or rule adopted by the Water Resources Commission under ORS 537.505 to 537.795 and 537.992.

(2) Except for those uses exempted under ORS 537.545, the use of ground water for any purpose, without a permit issued under ORS 537.625 or registration under ORS 537.605, is an unlawful appropriation of ground water. [1955 c.708 §4; 1957 c.341 §5; subsection (2) enacted as 1961 c.668 §2; 1985 c.673 §47]

537.540 [Repealed by 1955 c.708 §38]

Notes of Decisions

Cited in 1 case, 2000–2000 · leading case: Ashland Drilling, Inc. v. Jackson Cnty., 4 P.3d 748 (Or. Ct. App. 2000).

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Ashland Drilling, Inc. v. Jackson Cnty., 4 P.3d 748 (Or. Ct. App. 2000). · cites it 2× “ORS 537.535. The Act exempts from the permit requirements, that apply to ground water appropriation, uses of ground water for some particular purposes, such as stock watering and other small domestic, commercial and industrial uses.”

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