NOV notice statutes

Question 1

537.130 (1) & 530.130 (2)

Answer 1

Permit to appropriate water required; notification to owner of certain land.
(1) Any person intending to acquire the right to the beneficial use of any of the surface waters of this state shall…make an application to the OWRD for permit to make the appropriation.
(2) A person may not use, store, or divert any waters until after the department issues a permit to appropriate the waters.

Question 2

537.130 (3)

Answer 2

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.

Question 3

537.535(1)

Answer 3

Unlawful use or appropriation of ground water, including well construction and operation.
(1) No person or public agency shall use or attempt to use any ground water, construct or attempt to construct any well or other means of developing and securing ground water or operate or permit the operation of any well owned or controlled by such person or public agency except upon compliance with ORS 537.505 to 537.795 and 537.992 and any applicable order or rule adopted by the Water Resources Commission under ORS 537.505 to 537.795 and 537.992.

Question 4

537.535(2)

Answer 4

Except for those uses exempted under ORS 537.545, the use of ground water for any purpose, without a permit issued under ORS 537.625 or registration under ORS 537.605, is an unlawful appropriation of ground water.

Question 5

540.210(1)

Answer 5

Distribution from ditch or reservoir.
(1) Whenever any water users from any ditch or reservoir, either among themselves or with the owner thereof, are unable to agree relative to the distribution or division of water through or from the ditch or reservoir, either the owner or any such water user may apply to the watermaster of the district in which the ditch or reservoir is located, by written notice, setting forth such facts, and asking the watermaster to take charge of the ditch or reservoir for the purpose of making a just division or distribution of water from it to the parties entitled to the use thereof.

Question 6

540.210(2)

Answer 6

The watermaster shall then take exclusive charge of the ditch or reservoir, for the purpose of dividing or distributing the water therefrom in accordance with the respective and relative rights of the various users of water from the ditch or reservoir and shall continue the work until the necessity therefor shall cease to exist.

Question 7

540.210(3)

Answer 7

The distribution and division of water shall be made according to the relative and respective rights of the various users from the ditch or reservoir, as determined by the Water Resources Director, by decree of the circuit court, or by written contract between all of the users filed with the watermaster.

Question 8

540.320

Answer 8

Noncompliance with requirements; effect.
If any owner of irrigation works refuses or neglects to construct and put in headgates, flumes or measuring devices, as required under ORS 540.310, after 10 days’ notice, the watermaster may close the ditch, and it shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the Water Resources Commission as to such headgates, flumes or measuring devices have been complied with.

Question 9

540.720

Answer 9

Unauthorized use or waste of water; evidence of guilt of user.
No person shall use without authorization water to which another person is entitled, or willfully waste water to the detriment of another. The possession or use of such water without legal right shall be prima facie evidence of the guilt of the person using it.

Question 10

540.340(1)

Answer 10

Reservoir and diversion dam; suitable outlet; effect of noncompliance.
(1) Whenever it may be necessary for the protection of other water users, the Water Resources Commission shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable outlet in the reservoir or diversion dam which will allow the free passage of the natural flow of the stream. The commission shall determine what constitutes a suitable outlet.

Question 11

540.340(2)

Answer 11

If any owner or manager of a reservoir or diversion dam refuses or neglects to construct or put in such outlet in the reservoir or diversion dam after 10 days’ notice by the commission, the commission may close the ditch carrying water from the reservoir or diversion dam and it shall not be opened or any water diverted from the reservoir or diversion dam, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the commission regarding such outlet have been complied with.

Question 12

540.435(1)

Answer 12

Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order.
(1) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water use information necessary because of serious water management problems created by ground water decline, unresolved user disputes or frequent water shortages, the commission by rule may require a water right owner using any surface or ground water source within the state to install a totalizing measuring device and to submit annually a water use report.

Question 13

540.435(2)

Answer 13

Before the commission implements any requirements under subsection (1) of this section the commission shall:
(a) Cause a hearing to be conducted in the affected area to determine whether a serious management problem exists; and
(b) Allow any affected person an opportunity to present alternative methods or devices that could be used to provide the information necessary to manage the water resource or to alleviate the water management problem.

Question 14

540.435(3)

Answer 14

The watermaster may prohibit the diversion or use of water by anyone who has failed to comply with a commission rule or order requiring installation of measuring devices or submission of a water use report.

Question 15

540.710

Answer 15

Interference with headgate, or use of water denied by watermaster or other authority; evidence of guilt.
No person shall willfully open, close, change or interfere with any lawfully established headgate or water box without authority, or willfully use water or conduct water into or through the ditch of the person which has been lawfully denied the person by the watermaster or other competent authority. The possession or use of water when the same shall have been lawfully denied by the watermaster or other competent authority shall be prima facie evidence of the guilt of the person using it.

Question 16

540.310(1)

Answer 16

Ditches and canals; headgates; measuring devices; flumes along lines of ditches.
(1) The owner of any ditch or canal shall maintain to the satisfaction of the Water Resources Commission a substantial headgate at the point where the water is diverted. It shall be of such construction that it can be locked and kept closed by the watermaster.

Question 17

540.310(2)

Answer 17

The owner shall construct and maintain, when required by the commission, suitable measuring devices at such points along the ditch as may be necessary to assist the watermaster in determining the amount of water that is to be diverted into the ditch from the stream, or taken from it by the various users.

Question 18

540.330(1)

Answer 18

Reservoirs; measuring devices; effect of noncompliance.
(1) Any owner or manager of a reservoir, located across or upon the bed of a natural stream, shall construct and maintain, when required by the Water Resources Commission, a measuring device below, and one above, the reservoir on each stream or source of supply discharging into the reservoir, to assist the watermaster in determining the amount of water to which appropriators are entitled and thereafter diverting it for their use.

Question 19

540.330(2)

Answer 19

If any owner or manager of a reservoir located across the bed of a natural stream neglects or refuses to put in a measuring device after 10 days’ notice by the commission, the watermaster may open the sluicegate or outlet of the reservoir, and it shall not be closed, under penalties of the law for changing or interfering with headgates, until the requirements of the commission as to such measuring devices are complied with.

Question 20

540.730

Answer 20

Obstruction interfering with access to or use of works.
Whenever any appropriator of water has the lawful right of way for the storage, diversion, or carriage of water, no person shall place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto.

Question 21

540.440

Answer 21

Owner to clear weeds from ditch right of way.
All persons owning or controlling any water ditches shall keep their right of way along the ditches clean and free from wild oats, mustard, thistles, or any weeds or noxious grasses whatsoever.