Oregon Revised Statutes

Or. Rev. Stat. § 537.800 (2026)

Waste, spring and seepage waters; laws governing

✓ current as of May 2026

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537.800 Waste, spring and seepage waters; laws governing. (1) All ditches now or hereafter constructed, for the purpose of utilizing waste, spring or seepage waters, shall be governed by the same laws relating to priority of right as those ditches constructed for the purpose of utilizing the waters of running streams. However, the person upon whose lands the seepage or spring waters first arise shall have the right to the use of such waters.

(2) As used in this section, “spring” means a point where water emerges naturally from the earth as a result of gravity flow or artesian pressure. [Formerly 537.710; 1989 c.939 §2; 1991 c.200 §2; 1995 c.79 §303]

DIVERSION OF WATERS FROM BASIN OF ORIGIN

Notes of Decisions

Cited in 2 cases, 1959–1999 · leading case: Norden v. State, 973 P.2d 910 (Or. Ct. App. 1999).

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Norden v. State, 973 P.2d 910 (Or. Ct. App. 1999). · cites it 2× “” ORS 537.800 specifically applies the permit requirement to the use of spring waters: “(1) All ditches now or hereafter constructed, for the purpose of utilizing waste, spring or seepage waters, shall be governed by the same laws relating to priority of right as those ditches…”

Fitzstephens v. WATSON, 344 P.2d 221 (Or. 1959). “In support of this position plaintiff relies upon ORS 537.800 which reads as follows: “All ditches now or hereafter constructed, for the purpose of utilizing waste, spring, or seepage waters, shall be governed by the same laws relating to priority of right as those ditches…”

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