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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
HOUSE AMENDMENTS TO
HOUSE BILL 3372
By COMMITTEE ON AGRICULTURE, LAND USE, NATURAL RESOURCES, AND
WATER
April 15
In line 2 of the printed bill, before the period insert “; amending ORS 536.900, 537.545 and
540.045”.
Delete lines 4 through 8 and insert:
“SECTION 1. ORS 537.545 is amended to read:
“537.545. (1) Subject to subsection (3) of this section, a registration, certificate of registra-
tion, application for a permit, permit, certificate of completion or ground water right certificate
under ORS 537.505 to 537.795 and 537.992 is not required for the use of ground water for:
“(a) Stockwatering purposes, unless the use exceeds 12,000 gallons per day and occurs at a new
confined animal feeding operation, as defined in ORS 468B.215;
“(b) Watering any lawn or noncommercial or commercial garden not exceeding one-half acre
in area in an amount not exceeding 3,000 gallons a day ;
“(c) Watering the lawns, grounds and fields not exceeding 10 acres in area of schools located
within a critical ground water area established pursuant to ORS 537.730 to 537.740;
“(d) Single or group domestic purposes in an amount not exceeding 15,000 gallons a day;
“(e) Down-hole heat exchange purposes;
“(f) Any single industrial or commercial purpose, other than for watering any lawn or com-
mercial garden, in an amount not exceeding 5,000 gallons a day; or
“(g) Land application, so long as the ground water:
“(A) Has first been appropriated and used under a permit or certificate issued under ORS
537.625 or 537.630 for a water right issued for industrial purposes or a water right authorizing use
of water for confined animal feeding purposes;
“(B) Is reused for irrigation purposes and the period of irrigation is a period during which the
reused water has never been discharged to the waters of the state; and
“(C) Is applied pursuant to a permit issued by the Department of Environmental Quality or the
State Department of Agriculture under either ORS 468B.050 to construct and operate a disposal
system or ORS 468B.215 to operate a confined animal feeding operation.
“(2) A ground water use for a purpose that is exempt under subsection (1) of this section, to the
extent that the use is beneficial, constitutes a right to appropriate ground water equal to that es-
tablished by a ground water right certificate issued under ORS 537.700.
“(3) A ground water use for purposes of watering a commercial garden that is exempt
under subsection (1)(b) of this section, when combined with the use of water for purposes
that are exempt under subsection (1)(f) of this section, may not exceed 5,000 gallons a day.
“[(3)] (4) Except for the use of water under subsection (1)(g) of this section, the Water Resources
Commission by rule may require any person or public agency using ground water for any such
purpose to furnish information with regard to such ground water and the use thereof. For a use of
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water described in subsection (1)(g) of this section, the Department of Environmental Quality or the
State Department of Agriculture shall provide to the Water Resources Department a copy of the
permit issued under ORS 468B.050 or 468B.215 authorizing the land application of ground water for
reuse. The permit shall provide the information regarding the place of use of such water and the
nature of the beneficial reuse.
“[(4)] (5) If it is necessary for the Water Resources Department to regulate the use or distrib-
ution of ground water, including uses for purposes that are exempt under subsection (1) of this
section, the department shall use as a priority date for the exempt uses the date indicated in the log
for the well filed with the department under ORS 537.765 or other documentation provided by the
well owner showing when water use began.
“[(5)] (6) The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that con-
structs a well to allow ground water use for a purpose that is exempt under subsection (1) of this
section shall provide the Water Resources Department with a map showing the exact location of the
well on the tax lot. The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that
constructs a well shall provide a map required by this subsection to the department, along with the
well log required by ORS 537.765, no later than 30 days after the well is completed.The map must
be prepared in accordance with standards established by the department. The map and well log must
be accompanied by the fee described in subsection [(6)] (7) of this section to record the exempt
ground water use.
“[(6)] (7) The Water Resources Department shall collect a fee of $300 for recording an exempt
ground water use under subsection [(5)] (6) of this section. Moneys from fees collected under this
subsection shall be deposited to the credit of the Water Resources Department Water Right Oper-
ating Fund.Notwithstanding ORS 536.009, moneys deposited to the fund under this subsection shall
be used for the purposes of evaluating ground water supplies, conducting ground water studies,
carrying out ground water monitoring, processing ground water data and the administration and
enforcement of this subsection and subsections [(3), (5) and (7)] (4), (6) and (8) of this section.
“[(7)] (8) The Water Resources Commission shall adopt rules to implement, administer and en-
force subsections [(5) and (6)] (6) and (7) of this section.
“(9) As used in this section:
“(a) ‘Commercial garden’ means a garden that is used to grow plants to be sold, traded
or bartered.
“(b) ‘Commercial garden’ does not mean a location that is described in ORS 537.387 (2)(a)
where plants in the plant Cannabis family Cannabaceae are grown.
“SECTION 2. ORS 537.545, as amended by section 11, chapter 465, Oregon Laws 2023, is
amended to read:
“537.545. (1)Subject to subsection (3) of this section, a registration, certificate of registra-
tion, application for a permit, permit, certificate of completion or ground water right certificate
under ORS 537.505 to 537.795 and 537.992 is not required for the use of ground water for:
“(a) Stockwatering purposes;
“(b) Watering any lawn or noncommercial or commercial garden not exceeding one-half acre
in area in an amount not exceeding 3,000 gallons a day ;
“(c) Watering the lawns, grounds and fields not exceeding 10 acres in area of schools located
within a critical ground water area established pursuant to ORS 537.730 to 537.740;
“(d) Single or group domestic purposes in an amount not exceeding 15,000 gallons a day;
“(e) Down-hole heat exchange purposes;
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“(f) Any single industrial or commercial purpose, other than for watering any lawn or com-
mercial garden, in an amount not exceeding 5,000 gallons a day; or
“(g) Land application, so long as the ground water:
“(A) Has first been appropriated and used under a permit or certificate issued under ORS
537.625 or 537.630 for a water right issued for industrial purposes or a water right authorizing use
of water for confined animal feeding purposes;
“(B) Is reused for irrigation purposes and the period of irrigation is a period during which the
reused water has never been discharged to the waters of the state; and
“(C) Is applied pursuant to a permit issued by the Department of Environmental Quality or the
State Department of Agriculture under either ORS 468B.050 to construct and operate a disposal
system or ORS 468B.215 to operate a confined animal feeding operation.
“(2) A ground water use for a purpose that is exempt under subsection (1) of this section, to the
extent that the use is beneficial, constitutes a right to appropriate ground water equal to that es-
tablished by a ground water right certificate issued under ORS 537.700.
“(3) A ground water use for purposes of watering a commercial garden that is exempt
under subsection (1)(b) of this section, when combined with the use of water for purposes
that are exempt under subsection (1)(f) of this section, may not exceed 5,000 gallons a day.
“[(3)] (4) Except for the use of water under subsection (1)(g) of this section, the Water Resources
Commission by rule may require any person or public agency using ground water for any such
purpose to furnish information with regard to such ground water and the use thereof. For a use of
water described in subsection (1)(g) of this section, the Department of Environmental Quality or the
State Department of Agriculture shall provide to the Water Resources Department a copy of the
permit issued under ORS 468B.050 or 468B.215 authorizing the land application of ground water for
reuse. The permit shall provide the information regarding the place of use of such water and the
nature of the beneficial reuse.
“[(4)] (5) If it is necessary for the Water Resources Department to regulate the use or distrib-
ution of ground water, including uses for purposes that are exempt under subsection (1) of this
section, the department shall use as a priority date for the exempt uses the date indicated in the log
for the well filed with the department under ORS 537.765 or other documentation provided by the
well owner showing when water use began.
“[(5)] (6) The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that con-
structs a well to allow ground water use for a purpose that is exempt under subsection (1) of this
section shall provide the Water Resources Department with a map showing the exact location of the
well on the tax lot. The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that
constructs a well shall provide a map required by this subsection to the department, along with the
well log required by ORS 537.765, no later than 30 days after the well is completed.The map must
be prepared in accordance with standards established by the department. The map and well log must
be accompanied by the fee described in subsection [(6)] (7) of this section to record the exempt
ground water use.
“[(6)] (7) The Water Resources Department shall collect a fee of $300 for recording an exempt
ground water use under subsection [(5)] (6) of this section. Moneys from fees collected under this
subsection shall be deposited to the credit of the Water Resources Department Water Right Oper-
ating Fund.Notwithstanding ORS 536.009, moneys deposited to the fund under this subsection shall
be used for the purposes of evaluating ground water supplies, conducting ground water studies,
carrying out ground water monitoring, processing ground water data and the administration and
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enforcement of this subsection and subsections [(3), (5) and (7)] (4), (6) and (8) of this section.
“[(7)] (8) The Water Resources Commission shall adopt rules to implement, administer and en-
force subsections [(5) and (6)] (6) and (7) of this section.
“(9) As used in this section:
“(a) ‘Commercial garden’ means a garden that is used to grow plants to be sold, traded
or bartered.
“(b) ‘Commercial garden’ does not mean a location that is described in ORS 537.387 (2)(a)
where plants in the plant Cannabis family Cannabaceae are grown.
“SECTION 3. ORS 536.900 is amended to read:
“536.900. (1) In addition to any other liability or penalty provided by law, the Water Resources
Commission may impose a civil penalty on a person for violation of:
“(a) A term or condition of a permit, certificate or license issued under ORS chapters 536 to
543A.
“(b) ORS 537.130 or 537.535.
“(c) ORS 537.545 [(5)] (6) or a rule described in ORS 537.545 [(7)] (8).
“(d) A commission rule or order that pertains to well maintenance.
“(e) ORS 540.045, 540.145, 540.210, 540.310, 540.320, 540.330, 540.340, 540.435, 540.440, 540.570 (5),
540.710, 540.720 and 540.730 or rules adopted under ORS 540.145.
“(f) ORS 537.897 or 537.898 (2).
“(g) ORS 537.387.
“(2) A civil penalty may be imposed under this section for each day of violation of ORS 537.130,
537.535, 540.045, 540.310, 540.330, 540.570 (5), 540.710, 540.720 or 540.730.
“(3) In the event the petitioner knowingly misrepresents the map and petition required in ORS
541.329, the commission may assess a penalty of up to $1,000 based upon guidelines to be established
by the commission. In addition, the petition and map shall be amended to correct the error at the
petitioner’s cost.Affected users shall be given notice as provided in ORS 541.329 (5).
“(4) A civil penalty may not be imposed until the commission prescribes a reasonable time to
eliminate the violation. The commission shall notify the violator of the time allowed to correct a
violation within 10 business days after the commission first becomes aware of the violation.
“(5) Notwithstanding any term or condition of a permit, certificate or license, the rotation of the
use of water under ORS 540.150 may not be considered a violation under subsection (1) of this sec-
tion.
“(6) The commission may impose a civil penalty of not more than $2,000 per occurrence for a
violation described in subsection (1)(g) of this section.
“SECTION 4. ORS 540.045 is amended to read:
“540.045. (1) Each watermaster shall:
“(a) Regulate the distribution of water among the various users of water from any natural sur-
face or ground water supply in accordance with the users’ existing water rights of record in the
Water Resources Department.
“(b) Upon the request of the users, distribute water among the various users under any part-
nership ditch, pipeline or well or from any reservoir, in accordance with the users’ existing water
rights of record in the department.
“(c) Divide the waters of the natural surface and ground water sources and other sources of
water supply among the canals, ditches, pumps, pipelines and reservoirs taking water from the
source for beneficial use, by regulating, adjusting and fastening the headgates, valves or other con-
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trol works at the several points of diversion of surface water or the several points of appropriation
of ground water, according to the users’ relative entitlements to water.
“(d) Attach to the headgate, valve or other control works the watermaster regulates under
paragraph (c) of this subsection, a written notice dated and signed by the watermaster, setting forth
that the headgate, valve or other control works has been properly regulated and is wholly under the
control of the watermaster.
“(e) Perform any other duties the Water Resources Director may require.
“(2) When a watermaster must rely on a well log or other documentation to regulate the use
or distribution of ground water, the regulation shall be in accordance with ORS 537.545 [(4)] (5).
“(3) For purposes of regulating the distribution or use of water, any stored water released in
excess of the needs of water rights calling on that stored water shall be considered natural flow,
unless the release is part of a water exchange under the control of, and approved by, the
watermaster.
“(4) As used in this section, ‘existing water rights of record’ includes all completed permits,
certificates, licenses and ground water registration statements filed under ORS 537.605 and related
court decrees.”.
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