Oregon Revised Statutes Chapter 540 § 540.510 — Appurtenancy of water to premises; restrictions on change of use, place of use
Oregon Revised Statutes Chapter 540 ·
Oregon Code § 540.510·Enacted ·Last updated March 01, 2026
Statute Text
Appurtenancy of water to premises; restrictions on change of use, place of use
or point of diversion; application for transfer of primary and supplemental
water rights; right to use conserved water.
(1)(a) Except as provided in subsections (2) to (8)
of this section, all water used in this state for any purpose shall remain
appurtenant to the premises upon which it is used and no change in use or place
of use of any water for any purpose may be made without compliance with the
provisions of ORS 540.520 and 540.530. However, the holder of any water use
subject to transfer may, upon compliance with the provisions of ORS 540.520 and
540.530, change the use and place of use, the point of diversion or the use of
the water without losing priority of the right. A district may change the place
of use in the manner provided in ORS 540.572 to 540.580 in lieu of the method
provided in ORS 540.520 and 540.530. When an application for change of the use
or place of use for a primary water right is submitted in accordance with this
section, the applicant also shall indicate whether the land described in the
application has an appurtenant supplemental water right or permit. If the
applicant also intends to transfer the supplemental water right or permit, the
applicant also shall include the information required under ORS 540.520 (2) for
the supplemental water right or permit. If the applicant does not include the
supplemental water right or permit in the transfer application, the Water
Resources Department shall notify the applicant that the supplemental water
right or permit will be canceled before the department issues the order
approving the transfer of the primary water right, unless within 30 days the
applicant modifies the application to include the supplemental water right or
permit or withdraws the application. The department may approve the transfer of
the supplemental water right or permit in accordance with the provisions of ORS
Plain English Explanation
This Oregon statute addresses Appurtenancy of water to premises; restrictions on change of use, place of use
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 540.510
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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