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Oregon Revised Statutes

Or. Rev. Stat. § 537.810 (2026)

Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions

✓ current as of May 2026
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      537.810 Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions. (1) No waters located or arising within a basin shall be diverted, impounded or in any manner appropriated for diversion or use beyond the boundaries of that basin except upon the express consent of the Legislative Assembly. In the event the Legislative Assembly shall give its consent to any such request it may attach thereto such terms, conditions, exceptions, reservations, restrictions and provisions as it may care to make in the protection of the natural resources of the basin and the health and welfare of the present and future inhabitants of the basin within which the water arises or is located.

      (2) Subsection (1) of this section shall not apply to appropriations or diversions of less than 50 cubic feet per second out of the basin of origin.

      (3) Subsection (1) of this section shall not apply to appropriations or diversions within the Klamath River Basin as defined in ORS 542.620 or within the Goose Lake Basin as defined in ORS 542.520, so long as those statutes remain in effect.

      (4) This section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [Amended by 1989 c.936 §7]

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: Fort Klamath Critical Habitat Landowners v. Woodcock (Or. Ct. App. 2024).
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Fort Klamath Critical Habitat Landowners v. Woodcock (Or. Ct. App. 2024). “860, including, if applicable, the prior approval of the Legislative Assembly under ORS 537.810.” Cite as 334 Or App 509 (2024) 517 consistent with the requirements of ORS 540.”
Fort Klamath Critical Habitat Landowners v. Woodcock (Or. Ct. App. 2024). “860, including, if applicable, the prior approval of the Legislative Assembly under ORS 537.810.” Cite as 334 Or App 509 (2024) 517 consistent with the requirements of ORS 540.”
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