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Show OREGON 633 high rate of flow.133 As a related matter, a landowner may not in- crease the natural flow of a watercourse to the detriment of adjoining landowners by discharging surface water into the stream.134 4. Ground Water In Oregon, the right to use ground water is governed by the pro- visions of the "Ground Water Act of 1955." This act superseded Oregon's prior ground water statutes, which had been in effect since 1927. The act broadly defines ground water to include water, except capillary moisture, beneath the land.135 With certain limited exceptions, the right to use ground water can only be initiated by the filing of an application for a permit with the State engineer.138 Exempted from the provisions of the act is the use of ground water for stockwatering purposes, for watering any lawn or noncommercial garden not exceeding one-half acre, for single or group domestic purposes in an amount not exceeding 15,000 gallons per day, or a single industrial or commercial purpose not exceeding 5,000 gallons per day.137 Prior rights are recognized and confirmed by the act to the ex- tent of the maximum beneficial use thereof at any time within 2 years prior to the effective date of the act-August 3, 1955.138 Also, any use commenced prior to the effective date and completed within a reasonable time thereafter is recognized to the extent of the bene- ficial use of the water.139 Any user claiming a prior vested right is entitled to register his right with the State engineer and to obtain a certificate evidencing his right. Failure to register a use within 3 years after the effective date of the act creates a presumption that such claim has been abandoned.140 However, this time was subse- quently extended to 1962.141 A certificate is not deemed to be a final determination of the extent of the right, because the right is still sub- ject to a statutory determination proceeding.142 When initiating a new right, the applicant must file an applica- tion for a permit with the State engineer which sets forth sufficient information to describe his proposed use in detail.143 Any other claim- ant to the right to use ground water may file a protest against the issuance of the permit, after which the matter is heard by the State engineer.144 The engineer may approve the application if he concludes there is unappropriated water available which can be placed to a beneficial use without impairing prior rights.145 An application may be approved subject to conditions which prevent impairment of prior «»Garbarino v. Van Cleave, 214 Oreg. 554, 330 P. 2d 28 (1058) : Wellman v. Kellev, 197 Oreg. 553, 252 P. 2d 816 (1953) ; Harbison v. City of HilUboro, 103 Oreg. 257, 204 Pae. 613 (1922). 1!*Levene v. Salem, 191 Oreg. 182, 229 P. 2d 255 (1951). 1!»Sec. 537.515. wo Sees. 537.535 and 537.615. ^See. 537.545. 1!»Sec. 537.585. «»Sec. 537.595. !«Sec. 537.605. "iSee. 537.605. "2 Sec. 537.610. *« Sec. 537.615. "*Sec. 537.622. "s Sec. 537.620. |
