ORS 537.810: Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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]
Administrative rules citing this section
- OAR 690-013-0005: Introduction — implements
- OAR 690-013-0010: Definitions — implements
- OAR 690-013-0030: Eligibility to Petition — implements
- OAR 690-013-0050: Individual Applications — implements
- OAR 690-013-0070: Interim Transfers — implements
- OAR 690-013-0100: District Petitions — implements
- OAR 690-013-0110: Requests for Additional Information — implements
- OAR 690-013-0150: District Shall Certify Petition — implements
- OAR 690-013-0310: Processing of Petition — implements
- OAR 690-013-0350: Field Verification of the Petition and Map — implements
- OAR 690-240-0560: Investigation of Alleged Violations — implements
- OAR 690-240-0560: Investigation of Alleged Violations — authority
This rule cites
- ORS 542.620 — resolved
- ORS 542.520 — resolved
Cited by
- ORS 537.801: Definitions; findings.
- ORS 537.805: Processing of application; hearing; action on application.
- ORS 537.830: Condemnation of waters for use outside basin of origin.
- ORS 537.835: City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek.
- ORS 537.855: Domestic water supply district permitted to divert water out of state; conditions.
- ORS 537.860: Vested rights protected.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors537.html