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Oregon Revised Statutes

Or. Rev. Stat. § 537.805 (2026)

Processing of application; hearing; action on application

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      537.805 Processing of application; hearing; action on application. Notwithstanding any other provision of ORS 537.801 to 537.809, an application governed by ORS 537.803 shall be processed as follows:

      (1) Upon determination that the application is acceptable, the Water Resources Commission shall conduct a comprehensive review of the application, at the applicant’s expense.

      (2) When the comprehensive review is complete, the commission shall issue a preliminary analysis of the application that addresses the factors under ORS 537.803 and any other information the commission considers relevant. The preliminary analysis, or a reasonable summary, shall be published at the applicant’s expense for two consecutive weeks in a newspaper of general circulation in the basin of origin of the proposed appropriation, diversion or impoundment.

      (3) Following publication, the commission shall conduct a public hearing at the applicant’s expense, in the basin of origin. The hearing shall be for comment on the factors analyzed under ORS 537.803 and standards that otherwise apply to the proposed appropriation or transfer.

      (4) After considering the application, the information generated during the comprehensive review of the application, all comments received at the hearing and written comments received within 20 days after the date of the public hearing, the commission shall:

      (a) If the application requires legislative approval under ORS 537.810, submit a report to the Legislative Assembly that addresses all factors analyzed under ORS 537.803 and recommends whether to approve or deny the application for use of water outside the basin of origin; or

      (b) If the application does not require legislative approval under ORS 537.810, approve or deny the application in accordance with the procedures and standards that otherwise govern the application, giving due consideration to factors set forth in ORS 537.803. [1989 c.936 §5; 2011 c.52 §5]

 

      537.807 [1989 c.939 §6; repealed by 1991 c.200 §3]

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1992–2024 · leading case: State v. Newell, 242 P.3d 709 (Or. Ct. App. 2010).
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State v. Newell, 242 P.3d 709 (Or. Ct. App. 2010). “ORS 537.805(4)(a). Again, the approval *392 may be expressed in the form of a statute, but that does not transform the applications themselves into statutes.”
State v. Norris, 72 P.3d 103 (Or. Ct. App. 2003). “ORS 537.805(4)(a). Again, the approval may be expressed in the form of a statute, but that does not transform the applications themselves into statutes.”
Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). “565(4); ORS 537.805(4)(a). 12 Although the legislature has the undoubted authority to enact laws establishing charges, nowhere does the legislative history suggest that anyone thought that the provision required any action by the Legislative Assembly beyond review by the…”
Fort Klamath Critical Habitat Landowners v. Woodcock, 557 P.3d 543 (Or. Ct. App. 2024). “803; ORS 537.805; ORS 537.809. Cite as 334 Or App 509 (2024) 521 540.”
Fort Klamath Critical Habitat Landowners v. Woodcock, 557 P.3d 543 (Or. Ct. App. 2024). “803; ORS 537.805; ORS 537.809. Cite as 334 Or App 509 (2024) 521 540.”
State v. Newell, 242 P.3d 709 (Or. Ct. App. 2010). “ORS 537.805(4)(a). Again, the approval may be expressed in the form of a statute, but that does not transform the applications themselves into statutes.”
Or. Rev. Stat. § 537.805(4)(a): 4 cases
State v. Newell, 242 P.3d 709 (Or. Ct. App. 2010). “ORS 537.805(4)(a). Again, the approval *392 may be expressed in the form of a statute, but that does not transform the applications themselves into statutes.”
State v. Norris, 72 P.3d 103 (Or. Ct. App. 2003). “ORS 537.805(4)(a). Again, the approval may be expressed in the form of a statute, but that does not transform the applications themselves into statutes.”
Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). “565(4); ORS 537.805(4)(a). 12 Although the legislature has the undoubted authority to enact laws establishing charges, nowhere does the legislative history suggest that anyone thought that the provision required any action by the Legislative Assembly beyond review by the…”
State v. Newell, 242 P.3d 709 (Or. Ct. App. 2010). “ORS 537.805(4)(a). Again, the approval may be expressed in the form of a statute, but that does not transform the applications themselves into statutes.”
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