2011 ORS § 537.250¹
Water right certificate
- • issuance
- • inclusion of land not described in permit
- • recordation
- • duration of rights
(1) After the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS 537.230 (Time allowed for construction of irrigation or other work) (4) that shows, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of the Water Rights Act, the department shall issue to the applicant a certificate of the same character as that described in ORS 539.140 (Water right certificates). The certificate shall be recorded and transmitted to the applicant as provided in that section.
(2) When issuing a water right certificate under subsection (1) of this section in the name of a district as defined in ORS 540.505 (Definitions), or in the name of a government agency for a district, the department may issue the water right certificate for land not described in the permit in accordance with ORS 537.252 (Certificate issued for land not described in permit).
(3) Rights to the use of water acquired under the provisions of the Water Rights Act, as set forth in a certificate issued under subsection (1) of this section, shall continue in the owner thereof so long as the water shall be applied to a beneficial use under and in accordance with the terms of the certificate, subject only to loss:
(a) By nonuse as specified and provided in ORS 540.610 (Use as measure of water right); or
(b) As provided in ORS 537.297 (Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant). [Amended by 1985 c.392 §11; 1985 c.673 §191; 1987 c.542 §6; 1989 c.509 §6; 1995 c.218 §3; 1995 c.365 §5; 1995 c.416 §21a; 2005 c.410 §3]