Oregon Statutes 537.130 – Permit to appropriate water required; notification to owner of certain land
(1) Except for a use exempted under ORS § 537.040, 537.141, 537.142, 537.143 or 537.800 or under the registration system set forth in ORS § 537.132, any person intending to acquire the right to the beneficial use of any of the surface waters of this state shall, before beginning construction, enlargement or extension of any ditch, canal or other distributing or controlling works, or performing any work in connection with the construction, or proposed appropriation, make an application to the Water Resources Department for a permit to make the appropriation.
Terms Used In Oregon Statutes 537.130
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) Except for a use exempted under ORS § 537.040, 537.141, 537.142, 537.143 or 537.800 or under the registration system set forth in ORS § 537.132, a person may not use, store or divert any waters until after the department issues a permit to appropriate the waters.
(3) The department may not issue a permit without notifying the owner, as identified in the application, of any land to be crossed by the proposed ditch, canal or other work as set forth in the application filed pursuant to ORS § 537.140. The department shall provide the notice even if the applicant has obtained written authorization or an easement from the owner.
(4) If more than 25 persons are identified in the application as required under subsection (3) of this section, the department may provide the notice required under subsection (3) of this section by publishing notice of the application in a newspaper having general circulation in the area in which the proposed ditch, canal or other work is located at least once each week for at least two successive weeks. The cost of the publication shall be paid by the applicant in advance to the department. [Amended by 1985 c.310 § 3; 1985 c.673 § 25; 1989 c.509 § 3; 1991 c.370 § 4; 1995 c.365 § 1; 1995 c.416 § 2a; 2005 c.14 § 2; 2011 c.52 § 2]