ORS 537.140: Application for permit; contents; maps and drawings.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1)(a) Each application for a permit to appropriate water shall be made to the Water Resources Department on a form prescribed by the department and shall set forth: (A) The name and mailing address of the applicant; (B) The source of water supply including the name and mailing address of any owner of the land upon which the source of the water supply is located; (C) The nature and amount of the proposed use; (D) The location and description of the proposed ditch, canal or other work, including the name and mailing address of the owner of any lands that are not owned by the applicant and that are crossed by the proposed ditch, canal or other work even if the applicant has obtained written authorization or an easement from the owner; (E) A statement declaring whether the applicant has written authorization or an easement permitting access to nonowned land crossed by the proposed ditch, canal or other work; (F) The time within which it is proposed to begin construction; (G) The time required for completion of the construction; (H) The time for the complete application of the water to the proposed use; and (I) Any other information required in the application form that is necessary to evaluate the application as established by statute and rule. (b) If for agricultural purposes, the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be. (c) Except as provided in subsection (2) of this section, if for power purposes, the application shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied. (d) If for construction of a reservoir, the application shall give the height of dam, the capacity of the reservoir, and the uses to be made of the impounded waters. (e) If for municipal water supply, the application shall give the present population to be served, and, as near as may be, the future requirements of the city. (f) If for mining purposes, the application shall give the nature of the mines to be served, and the methods of supplying and utilizing the water. (2) Any person who has applied to the Federal Energy Regulatory Commission for a preliminary permit or an exemption from licensing shall, at the same time, apply to the Water Resources Department for a permit to appropriate water for a hydroelectric project. An applicant for a permit to appropriate water for a new hydroelectric project shall submit to the department a complete copy of any application for the project filed with the Federal Energy Regulatory Commission or other federal agency. If the copy of the federal application is filed with the department at the same time it is filed with the federal agency, at the department’s discretion such copy may fulfill the requirements for an application under subsection (1) of this section. (3) Each application shall be accompanied by any map or drawing and all other data concerning the proposed project and the applicant’s ability and intention to construct the project, as may be prescribed by the Water Resources Commission. The accompanying data shall be considered a part of the application. (4) The map or drawing required to accompany the application shall be of sufficient quality and scale to establish the location of the proposed point of diversion and the proposed place of use identified by tax lot, township, range, section and nearest quarter-quarter section along with a notation of the acreage of the proposed place of use, if appropriate. In addition, the department shall accept locational coordinate information, including latitude and longitude as established by a global positioning system. If the application is for a water right for a municipal use, the map need not identify the proposed place of use by tax lot. (5) Each application for a permit to appropriate water shall be accompanied by the examination fee set forth in ORS 536.050 (1). (6) If the proposed use of the water is for operation of a mining operation as defined in ORS 517.952, the applicant shall provide the information required under this section as part of the consolidated application under ORS 517.952 to 517.989. [Amended by 1985 c.673 §27; 1987 c.542 §5; 1989 c.509 §4; 1991 c.735 §32; 1991 c.869 §6; 1993 c.557 §1; 1993 c.591 §2; 1995 c.365 §3; 1995 c.416 §5; 1997 c.446 §1; 1997 c.587 §4; 2013 c.371 §31; 2025 c.575 §4]
Administrative rules citing this section
- OAR 690-033-0000: Purpose — implements
- OAR 690-033-0010: Definitions for the purposes of Chapter 690, Division 33 — implements
- OAR 690-033-0120: Upper Columbia Rules (Above Bonneville Dam): Determination of Consistency With the Fish and Wildlife Program — implements
- OAR 690-033-0130: Upper Columbia Rules (Above Bonneville Dam): Flow Management — implements
- OAR 690-033-0140: Upper Columbia Rules (Above Bonneville Dam): Exemptions — implements
- OAR 690-033-0210: Lower Columbia Rules (Below Bonneville Dam): Geographic Scope — implements
- OAR 690-033-0310: Statewide Rules: Geographic Scope — implements
- OAR 690-033-0320: Statewide Rules: Rule Review — implements
- OAR 690-033-0330: Statewide Rules: Review of Proposed Water Use — implements
- OAR 690-033-0340: Statewide Rules: Public Interest Review Presumption — implements
- OAR 690-077-0019: State Agency Instream Water Right Applications: Process for Instream Water Right Certificate Requests — implements
- OAR 690-077-0019: State Agency Instream Water Right Applications: Process for Instream Water Right Certificate Requests — authority
- OAR 690-077-0031: Application Processing: Public Notice and Comments — authority
- OAR 690-305-0000: Purpose and Applicability — implements
- OAR 690-305-0010: General Map Criteria — implements
- OAR 690-310-0000: Purpose — implements
- OAR 690-310-0040: Application Requirements — implements
- OAR 690-310-0050: Map to Accompany Application for Water Use Permit — implements
This rule cites
- ORS 536.050 — resolved
- ORS 517.952 — resolved
- 517.989 — resolved
Cited by
- ORS 536.050: Fees; rules; refunds; waiver and reduction of certain fees.
- ORS 536.056: Fees; timing of certain fees; effect of nonpayment.
- ORS 537.010: Definition of “Water Rights Act.”
- ORS 537.130: Permit to appropriate water required; notification to owner of certain land.
- ORS 537.135: Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception.
- ORS 537.139: Failure to obtain authorization for access to certain land.
- ORS 537.144: Request for right to use water under limited license; fee.
- ORS 537.147: Permit to use stored water; fee.
- ORS 537.150: Filing of application; determination of completeness; initial review; preliminary determination; notice; public comments; fees.
- ORS 537.175: Time limit for issuing final order or scheduling contested case hearing; applicant request for extension.
- ORS 537.211: Issuance of permit if application approved; contents of permit; effect; rejection of application; change in permit terms; grounds for denial.
- ORS 537.248: Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension.
- ORS 537.249: Election to have proposed reservation considered as application for permit or rulemaking proceeding.
- ORS 537.283: Procedure for applications to appropriate water for hydroelectric power; rules.
- ORS 537.310: Acquisition of water rights for railway purposes; certificates.
- ORS 537.349: Processing request for in-stream water right.
- ORS 537.358: Rules for reservation for future economic development; application for use of reserved water.
- ORS 537.400: Reservoir permits.
- ORS 537.405: Exempt reservoirs; written notification to department; injury to other users.
- ORS 537.409: Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules.
- ORS 543.255: Determination of cumulative impacts of proposed hydroelectric power projects; consolidated review; applicability.
- OAR 690-051-0020: Projects to be Considered by the Commission
- OAR 690-051-0050: Applications: Filing Procedure
- OAR 690-051-0095: Applications for Major Projects: Scope of Evaluation and Application of Standards
- OAR 690-310-0030: Grounds for Refusal to Issue or Cancellation of Permit
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors537.html