Oregon Revised Statutes Chapter 537 § 537.040 — Registration of water for road construction, maintenance or reconstruction;
Oregon Revised Statutes Chapter 537 ·
Oregon Code § 537.040·Enacted ·Last updated March 01, 2026
Statute Text
Registration of water for road construction, maintenance or reconstruction;
fee; annual renewal statement; limitations; rules.
(1) In lieu of applying for a
permit for a water right under ORS 537.130, a public agency having jurisdiction
over roads or highways may register a water use for road and highway
maintenance, construction and reconstruction purposes.
(2) A public
agency applying to register a water use under subsection (1) of this section
shall:
(a) Submit a
completed application to register the water use;
(b) Pay a fee of
$300 to be deposited in the Water Resources Department Water Right Operating
Fund;
(c) Provide a map
indicating the general locations of points of diversion;
(d) Identify the
sources of surface water or ground water to be used;
(e) Specify the
maximum amount of water to be used during a calendar year and during any
24-hour period; and
(f) If the public
agency is withdrawing water from a conveyance or storage facility that is a
perfected or certificated water right:
(A) Identify the
permit or certificate number of the conveyance or storage right; and
(B) Provide
written authorization from the owner of the perfected or certificated water
right that allows the public agency to use water from the conveyance or storage
facility.
(3) A use of
water registered under subsection (1) of this section shall continue until the
public agency voluntarily withdraws the registration. However, the public
agency shall submit an annual renewal statement accompanied by an annual fee of
$50 to be deposited in the Water Resources Department Water Right Operating
Fund. The annual renewal statement shall specify any change in the map, the
sources of water to be used or maximum amount of water to be used.
(4) The use of
water registered under subsection (1) of this section:
(a) Shall not
have priority over any water right exercised under a permit, water right
certificate, certificate of registration, order of the Water Resources
Commission or the Water Resources Director and related court decrees;
(b) Shall be
subordinate to all other future permitted or certificated rights; and
(c) Shall not
exceed 50,000 gallons from a single source during any 24-hour period.
(5) The
commission may require a public agency to cease withdrawal or diversion of
water at any time the director has reason to believe the registered use is
causing a significant adverse impact upon:
(a) The affected
watershed;
(b) Any other
water user entitled to use water under a permit issued under ORS 537.211 or
Plain English Explanation
This Oregon statute addresses Registration of water for road construction, maintenance or reconstruction;
. AI-powered analysis coming soon.
Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 537.040
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Registration of water for road construction, maintenance or reconstruction;
. Read the full statute text above for details.
This page reflects the current text as of our last update. Always verify with the official Oregon legislature website for the most current version.
The formal citation is Oregon Code § 537.040. Use this format in legal documents and court filings.
Browse related sections using the links below, or search all Oregon statutes on FlawFinder.