2007 ORS 537.270¹
Conclusiveness of certificate

A water right certificate issued in accordance with the provisions of ORS 537.250 (Water right certificate) which, after the expiration of three months from the date it is issued, has not been contested and canceled in the manner provided in ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation), and a water right certificate, when issued under ORS 539.140 (Water right certificates), shall be conclusive evidence of the priority and extent of the appropriation therein described in any proceeding in any court or tribunal of the state, except in those cases where the rights of appropriation thereby described have been abandoned subsequent to issuance of the certificate.

Notes of Decisions

In rela­tion to mis­takes of a nonclerical nature, the certificate holder must bring those mis­takes to the atten­tion of the state engineer within the three-month period to avoid being bound by the terms of the certificate. Wilber v. Wheeler, 273 Or 855, 543 P2d 1052 (1975)

Issuance of wa­ter right certificate for transferred wa­ter right and passage of challenge period terminates ability to challenge new certificate based on abandon­ment of wa­ter right prior to transfer. Kerivan v. Water Resources Commission, 188 Or App 491, 72 P3d 659 (2003), Sup Ct review denied

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/­ors/­537.­html (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.