ORS 537.545: Exempt uses; map; filing of use; fee; rules.

(1) Subject to subsection (3) of this section, a registration, certificate of registration, application for a permit, permit, certificate of completion or ground water right certificate under ORS 537.505 to 537.795 and 537.992 is not required for the use of ground water for: (a) Stockwatering purposes, unless the use exceeds 12,000 gallons per day and occurs at a new confined animal feeding operation, as defined in ORS 468B.215; (b) Watering any lawn or noncommercial or commercial garden not exceeding one-half acre in area in an amount not exceeding 3,000 gallons a day; (c) Watering the lawns, grounds and fields not exceeding 10 acres in area of schools located within a critical ground water area established pursuant to ORS 537.730 to 537.740; (d) Single or group domestic purposes in an amount not exceeding 15,000 gallons a day; (e) Down-hole heat exchange purposes; (f) Any single industrial or commercial purpose, other than for watering any lawn or commercial garden, in an amount not exceeding 5,000 gallons a day; or (g) Land application, so long as the ground water: (A) Has first been appropriated and used under a permit or certificate issued under ORS 537.625 or 537.630 for a water right issued for industrial purposes or a water right authorizing use of water for confined animal feeding purposes; (B) Is reused for irrigation purposes and the period of irrigation is a period during which the reused water has never been discharged to the waters of the state; and (C) Is applied pursuant to a permit issued by the Department of Environmental Quality or the State Department of Agriculture under either ORS 468B.050 to construct and operate a disposal system or ORS 468B.215 to operate a confined animal feeding operation. (2) A ground water use for a purpose that is exempt under subsection (1) of this section, to the extent that the use is beneficial, constitutes a right to appropriate ground water equal to that established by a ground water right certificate issued under ORS 537.700. (3) A ground water use for purposes of watering a commercial garden that is exempt under subsection (1)(b) of this section, when combined with the use of water for purposes that are exempt under subsection (1)(f) of this section, may not exceed 5,000 gallons a day. (4) Except for the use of water under subsection (1)(g) of this section, the Water Resources Commission by rule may require any person or public agency using ground water for any such purpose to furnish information with regard to such ground water and the use thereof. For a use of water described in subsection (1)(g) of this section, the Department of Environmental Quality or the State Department of Agriculture shall provide to the Water Resources Department a copy of the permit issued under ORS 468B.050 or 468B.215 authorizing the land application of ground water for reuse. The permit shall provide the information regarding the place of use of such water and the nature of the beneficial reuse. (5) If it is necessary for the Water Resources Department to regulate the use or distribution of ground water, including uses for purposes that are exempt under subsection (1) of this section, the department shall use as a priority date for the exempt uses the date indicated in the log for the well filed with the department under ORS 537.765 or other documentation provided by the well owner showing when water use began. (6) The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that constructs a well to allow ground water use for a purpose that is exempt under subsection (1) of this section shall provide the Water Resources Department with a map showing the exact location of the well on the tax lot. The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that constructs a well shall provide a map required by this subsection to the department, along with the well log required by ORS 537.765, no later than 30 days after the well is completed. The map must be prepared in accordance with standards established by the department. The map and well log must be accompanied by the fee described in subsection (7) of this section to record the exempt ground water use. (7) The Water Resources Department shall collect a fee of $300 for recording an exempt ground water use under subsection (6) of this section. Moneys from fees collected under this subsection shall be deposited to the credit of the Water Resources Department Water Right Operating Fund. Notwithstanding ORS 536.009, moneys deposited to the fund under this subsection shall be used for the purposes of evaluating ground water supplies, conducting ground water studies, carrying out ground water monitoring, processing ground water data and the administration and enforcement of this subsection and subsections (4), (6) and (8) of this section. (8) The Water Resources Commission shall adopt rules to implement, administer and enforce subsections (6) and (7) of this section. (9) As used in this section, “commercial garden”: (a) Means a garden that is used to grow plants to be sold, traded or bartered. (b) Does not mean a location at which plants in the plant Cannabis family Cannabaceae are grown, unless the plants are grown by a person licensed under ORS 571.281. [1955 c.708 §5; 1983 c.372 §1; 1983 c.698 §1; 1985 c.673 §48; 1989 c.99 §1; 1989 c.833 §57; 1997 c.244 §3; 2001 c.248 §12; 2003 c.594 §2; 2009 c.819 §1; 2021 c.610 §20; 2023 c.465 §10; 2025 c.283 §1] 537.545. (1) Subject to subsection (3) of this section, a registration, certificate of registration, application for a permit, permit, certificate of completion or ground water right certificate under ORS 537.505 to 537.795 and 537.992 is not required for the use of ground water for: (a) Stockwatering purposes; (b) Watering any lawn or noncommercial or commercial garden not exceeding one-half acre in area in an amount not exceeding 3,000 gallons a day; (c) Watering the lawns, grounds and fields not exceeding 10 acres in area of schools located within a critical ground water area established pursuant to ORS 537.730 to 537.740; (d) Single or group domestic purposes in an amount not exceeding 15,000 gallons a day; (e) Down-hole heat exchange purposes; (f) Any single industrial or commercial purpose, other than for watering any lawn or commercial garden, in an amount not exceeding 5,000 gallons a day; or (g) Land application, so long as the ground water: (A) Has first been appropriated and used under a permit or certificate issued under ORS 537.625 or 537.630 for a water right issued for industrial purposes or a water right authorizing use of water for confined animal feeding purposes; (B) Is reused for irrigation purposes and the period of irrigation is a period during which the reused water has never been discharged to the waters of the state; and (C) Is applied pursuant to a permit issued by the Department of Environmental Quality or the State Department of Agriculture under either ORS 468B.050 to construct and operate a disposal system or ORS 468B.215 to operate a confined animal feeding operation. (2) A ground water use for a purpose that is exempt under subsection (1) of this section, to the extent that the use is beneficial, constitutes a right to appropriate ground water equal to that established by a ground water right certificate issued under ORS 537.700. (3) A ground water use for purposes of watering a commercial garden that is exempt under subsection (1)(b) of this section, when combined with the use of water for purposes that are exempt under subsection (1)(f) of this section, may not exceed 5,000 gallons a day. (4) Except for the use of water under subsection (1)(g) of this section, the Water Resources Commission by rule may require any person or public agency using ground water for any such purpose to furnish information with regard to such ground water and the use thereof. For a use of water described in subsection (1)(g) of this section, the Department of Environmental Quality or the State Department of Agriculture shall provide to the Water Resources Department a copy of the permit issued under ORS 468B.050 or 468B.215 authorizing the land application of ground water for reuse. The permit shall provide the information regarding the place of use of such water and the nature of the beneficial reuse. (5) If it is necessary for the Water Resources Department to regulate the use or distribution of ground water, including uses for purposes that are exempt under subsection (1) of this section, the department shall use as a priority date for the exempt uses the date indicated in the log for the well filed with the department under ORS 537.765 or other documentation provided by the well owner showing when water use began. (6) The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that constructs a well to allow ground water use for a purpose that is exempt under subsection (1) of this section shall provide the Water Resources Department with a map showing the exact location of the well on the tax lot. The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that constructs a well shall provide a map required by this subsection to the department, along with the well log required by ORS 537.765, no later than 30 days after the well is completed. The map must be prepared in accordance with standards established by the department. The map and well log must be accompanied by the fee described in subsection (7) of this section to record the exempt ground water use. (7) The Water Resources Department shall collect a fee of $300 for recording an exempt ground water use under subsection (6) of this section. Moneys from fees collected under this subsection shall be deposited to the credit of the Water Resources Department Water Right Operating Fund. Notwithstanding ORS 536.009, moneys deposited to the fund under this subsection shall be used for the purposes of evaluating ground water supplies, conducting ground water studies, carrying out ground water monitoring, processing ground water data and the administration and enforcement of this subsection and subsections (4), (6) and (8) of this section. (8) The Water Resources Commission shall adopt rules to implement, administer and enforce subsections (6) and (7) of this section. (9) As used in this section, “commercial garden”: (a) Means a garden that is used to grow plants to be sold, traded or bartered. (b) Does not mean a location at which plants in the plant Cannabis family Cannabaceae are grown, unless the plants are grown by a person licensed under ORS 571.281. Sec. 3. The exemption established by ORS 537.545 (1)(b) for the use of ground water for watering any commercial garden does not apply to the use of ground water for watering any commercial garden in the Lower Umatilla Basin Groundwater Management Area. [2025 c.283 §3] Sec. 4. Section 3 of this 2025 Act is repealed on January 2, 2028. [2025 c.283 §4]