537.730
Designation of critical ground water area; rules; notice. (1) The Water Resources Commission
by rule may designate an area of the state a critical ground water area if:
(a) Ground water
levels in the area in question are declining or have declined excessively;
(b) The Water
Resources Department finds a pattern of substantial interference between wells
within the area in question;
(c) The
department finds a pattern of interference or potential interference between
wells of ground water claimants or appropriators within the area in question
with the production of geothermal resources from an area regulated under ORS
chapter 522;
(d) The
department finds a pattern of substantial interference between wells within the
area in question and:
(A) An
appropriator of surface water whose water right has an earlier priority date;
or
(B) A restriction
imposed on surface water appropriation or a minimum perennial streamflow that
has an effective date earlier than the priority date of the ground water
appropriation;
(e) The available
ground water supply in the area in question is being or is about to be
overdrawn;
(f) The purity of
the ground water in the area in question has been or reasonably may be expected
to become polluted to an extent contrary to the public welfare, health and
safety; or
(g) Ground water
temperatures in the area in question are expected to be, are being or have been
substantially altered except as specified in ORS 537.796.
(2) The
proceeding to designate a critical ground water area shall be conducted
according to the provisions under ORS chapter 183 applicable to the adoption of
rules by an agency, except that a hearing on a critical ground water
declaration shall occur at least 60 days after notice has been given.
(3) In addition
to the notice requirements under ORS 183.335, the department shall give notice
by regular mail to:
(a) The owners of
record of all ground water registrations, permits and certificates for water
use within the affected area; and
(b) Each water
well constructor licensed under ORS 537.747.
(4) If the
department satisfies the notice requirements under ORS 183.335 and subsection
(3) of this section, a person shall not contest a critical ground water area
designation on grounds of failure to receive notice by regular mail. [1955
c.708 §26; 1957 c.341 §8; 1981 c.589 §5; 1985 c.673 §62; 1987 c.442 §1; 1989
c.201 §4; 1991 c.400 §4]
Notes of Decisions
Ashland Drilling, Inc. v. Jackson Cnty., 4 P.3d 748 (Or. Ct. App. 2000).
· cites it 4× “ORS 537.730. It authorizes regulation of all wells, including otherwise exempt wells, if they are *754 found by the nature of their "construction, operation or otherwise" to be causing wasteful use of ground water, interfering with other wells or polluting ground or surface…”
Doherty v. Oregon Water Resources Dir., 758 P.2d 865 (Or. Ct. App. 1988).
· cites it 10× “735 and ORS 537.730, 3 that *26 the ground water level in the critical area was declining excessively, that the ground water supply was about to be overdrawn and that the interests of public welfare, health and safety required the establishment of the Butter Creek Critical…”
Doherty v. Oregon Water Resources Dir., 783 P.2d 519 (Or. 1989).
· cites it 4× “ORS 537.730 and ORS 537.735 authorized the director to establish a critical ground water area if the available supply is “being or about to be *547 overdrawn,” water levels “are declining or have declined excessively,” or if wells “interfere substantially with one another.”
WaterWatch of Oregon, Inc. v. Water Resources Comm'n, 112 P.3d 443 (Or. Ct. App. 2005).
“s evaluation “indicates that, due to new ground water appropriations, scenic waterway flows and instream water right flows in the Deschutes Basin are met less frequently as compared to long-term, representative base period flows, the Commission shall initiate proceedings to…”
Dinsdale v. Young, 697 P.2d 196 (Or. Ct. App. 1985).
· cites it 8× “ORS 537.730 et seq. The proclamation states in part: “Prior to completion of the proceeding for determination of a critical ground water area, no application for a permit to appropriate water from the Main Ground Water Reservoir will be approved or denied.”
Dinsdale v. Young, 706 P.2d 944 (Or. 1985).
“ORS 537.730 to 537.735. Petitioner Dinsdale, who farms land in the Fort Rock basin, had two applications for ground water permits pending when the director, on March 26, 1984, initiated a proceeding for determination whether the basin was a critical ground water area.”
Bill Babeckos Trust v. Dept. of State Lands, 348 Or. App. 167 (Or. Ct. App. 2026).
· cites it 2× “In Campbell Ranch, we explained that persons who might be affected by the agency action were entitled to notice under ORS 537.730(1) (1977), amended by Or Laws 1999, ch 400, a provision of the Ground Water Act of 1955, which required written notice to “each well driller [in any…”
— Or. Rev. Stat. § 537.730(1) — 4 cases
Doherty v. Oregon Water Resources Dir., 783 P.2d 519 (Or. 1989).
“ORS 537.730 and ORS 537.735 authorized the director to establish a critical ground water area if the available supply is “being or about to be *547 overdrawn,” water levels “are declining or have declined excessively,” or if wells “interfere substantially with one another.”
Doherty v. Oregon Water Resources Dir., 758 P.2d 865 (Or. Ct. App. 1988).
“735 and ORS 537.730, 3 that *26 the ground water level in the critical area was declining excessively, that the ground water supply was about to be overdrawn and that the interests of public welfare, health and safety required the establishment of the Butter Creek Critical…”
Bill Babeckos Trust v. Dept. of State Lands, 348 Or. App. 167 (Or. Ct. App. 2026).
“In Campbell Ranch, we explained that persons who might be affected by the agency action were entitled to notice under ORS 537.730(1) (1977), amended by Or Laws 1999, ch 400, a provision of the Ground Water Act of 1955, which required written notice to “each well driller [in any…”
— Or. Rev. Stat. § 537.730(1)(a) — 1 case
Doherty v. Oregon Water Resources Dir., 758 P.2d 865 (Or. Ct. App. 1988).
“735 and ORS 537.730, 3 that *26 the ground water level in the critical area was declining excessively, that the ground water supply was about to be overdrawn and that the interests of public welfare, health and safety required the establishment of the Butter Creek Critical…”
— Or. Rev. Stat. § 537.730(1)(d) — 1 case
Doherty v. Oregon Water Resources Dir., 758 P.2d 865 (Or. Ct. App. 1988).
“735 and ORS 537.730, 3 that *26 the ground water level in the critical area was declining excessively, that the ground water supply was about to be overdrawn and that the interests of public welfare, health and safety required the establishment of the Butter Creek Critical…”
— Or. Rev. Stat. § 537.730(2) — 1 case
— Or. Rev. Stat. § 537.730(3) — 1 case
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