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]

Atty. Gen. Opinions

Public right to use artificial lake created for recrea­tion on a nonnavigable stream on privately owned land, (1972) Vol 35, p 1202; storage rights to store wa­ter for later beneficial use are not subordinate to later priority direct use rights unless made so by ex­plic­it condi­tions imposed on storage right, (1989) Vol 46, p 290

Law Review Cita­tions

33 EL 1019 (2003); 36 EL 1383 (2006)

Chapter 537

Notes of Decisions

Water control district, in applying for wa­ter appropria­tion permit for hydroelectric project, was exempt from licensing pro­vi­sions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.620 and needed only to comply with require­ments of this Chapter. Steamboaters v. Winchester Water Control Dist., 69 Or App 596, 688 P2d 92 (1984), Sup Ct review denied

Atty. Gen. Opinions

Reserva­tion to state of "all coal and other minerals" in deed of land by state as reserva­tion of geothermal resources, (1980) Vol 41, p 298

Law Review Cita­tions

11 EL 387 (1981); 16 EL 583, 592 (1986); 28 WLR 285 (1992)

1 Legislative Counsel Committee, CHAPTER 537—Appropriation of Water Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors537.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 537, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­537ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information