Oregon Statutes 537.605 – Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595; registration statement
(1) Any person or public agency claiming any right to appropriate ground water under ORS § 537.585 or 537.595, except for any purpose exempt under ORS § 537.545, is entitled to receive from the Water Resources Commission within three years after August 3, 1955, a certificate of registration as evidence of a right to appropriate ground water as provided in ORS § 537.585 or 537.595. Failure of such person or public agency to file a registration statement within such period creates a presumption that any such claim has been abandoned.
Terms Used In Oregon Statutes 537.605
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Upon receipt of a request for registration by any person or public agency referred to in subsection (1) of this section within the period specified, the commission shall provide such person or public agency with a separate registration statement for each well, which shall be completed and returned to the commission.
(3) Each registration statement shall be in a form prescribed by the commission, shall be under oath and shall contain:
(a) The name and post-office address of the registrant.
(b) The nature of the use by the registrant of the ground water upon which the claim of the registrant is based.
(c) The dates when the ground water was or will be first applied to beneficial use and the dates when construction of the well was begun and completed.
(d) The amount of ground water claimed.
(e) If the ground water is used or is to be used for irrigation purposes, a description of the lands irrigated or to be irrigated, giving the number of acres irrigated or to be irrigated in each 40-acre legal subdivision, the dates of reclamation of each such legal subdivision and the date when the ground water was or will be completely applied.
(f) The depth to the water table.
(g) The location of the well with reference to government survey corners or monuments or corners of recorded plats.
(h) The depth, diameter and type of the well, and the kind and amount of the casing.
(i) The capacity of the well and well pump in gallons per minute, and the horsepower of the well pump motor.
(j) If the ground water is artesian or other ground water not requiring pumping, the rate of flow in gallons in such manner as the commission may prescribe.
(k) The amount of ground water pumped or otherwise taken from the well each year.
(L) A copy of the log of the completed well, if such log is available.
(m) If the ground water supply is supplemental to an existing water supply, identification of any application for a permit, permit, certification or adjudicated right to appropriate water made or held by the registrant.
(n) Such other information as the commission considers necessary.
(4) Each registration statement shall be accompanied by maps, drawings and other data as the commission considers necessary.
(5) The commission may require that any registration statement be supplemented after any well is fully completed by a statement containing such additional information as the commission considers necessary.
(6) Any person or public agency who failed to file a registration statement within the period set forth in subsection (1) of this section may file within one year after May 29, 1961, a petition with the commission requesting that the person be given an opportunity to rebut the presumption that the person has abandoned the claim. Upon the filing of such a petition the commission may schedule a hearing to take testimony and evidence on the date of well construction and the use of ground water or the commission may accept sworn statements in writing in support of such petition. No petition shall be denied without a public hearing. If it appears after hearing or from such sworn statements, that the person or public agency has a use of ground water that would be subject to determination under ORS § 537.670 to 537.695 as defined in ORS § 537.585 and 537.595, the commission shall issue an order authorizing the petitioner to file a registration statement as described under subsection (3) of this section. Upon receipt of the completed registration statement the commission shall issue to the registrant a certificate of registration, as provided in ORS § 537.610. [1955 c.708 § 7; 1957 c.341 § 6; 1961 c.668 § 3; 1985 c.673 § 50]