2017 ORS 536.075¹
Judicial review of final order of commission or department
  • stay of order
  • scope of review

(1) Any party affected by a final order other than contested case issued by the Water Resources Commission or Water Resources Department may appeal the order to the Circuit Court of Marion County or to the circuit court of the county in which all or part of the property affected by the order is situated. The review shall be conducted according to the provisions of ORS 183.484 (Jurisdiction for review of orders other than contested cases), 183.486 (Form and scope of decision of reviewing court), 183.497 (Awarding costs and attorney fees when finding for petitioner) and 183.500 (Appeals). A final order other than contested case issued by the Water Resources Commission or the Water Resources Department must state on the first page of the order that the order is a final order other than contested case, that the order is subject to judicial review under ORS 183.484 (Jurisdiction for review of orders other than contested cases) and that any petition for judicial review of the order must be filed within the time specified by ORS 183.484 (Jurisdiction for review of orders other than contested cases) (2). Any order other than contested case issued by the Water Resources Commission or by the Water Resources Department that does not comply with the requirements of this section is not a final order.

(2) Any party affected by a final order in a contested case issued by the Water Resources Commission or the Water Resources Department may appeal the order to the Court of Appeals.

(3) An appeal under subsection (2) of this section shall be conducted as provided in ORS 183.482 (Jurisdiction for review of contested cases) except as specifically provided in subsections (4), (5) and (6) of this section.

(4) The petition shall state the facts showing how the petitioner is adversely affected by the order and the ground or grounds upon which the petitioner contends the order should be reversed or remanded.

(5) The filing of a petition in either the circuit court or the Court of Appeals shall stay enforcement of the order of the commission or the department unless the commission or the department determines that substantial public harm will result if the order is stayed. If the commission or the department denies the stay, the denial shall be in writing and shall specifically state the substantial public harm that will result from allowing the stay.

(6) The review by the Court of Appeals under subsection (2) of this section shall be on the entire record forwarded by the commission or department. The court may remand the case for further evidence taking, correction or other necessary action. The court may affirm, reverse, modify or supplement the order appealed from, and make such disposition of the case as the court determines to be appropriate.

(7) The provisions of this section shall not apply to any proceeding under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication) or ORS chapter 539.

(8) For the purposes of this section, “final order” and “contested case” have the meanings given those terms in ORS 183.310 (Definitions for chapter). [1985 c.673 §9; 1999 c.791 §1]

Notes of Decisions

Water Resources Depart­ment is not re­quired to issue order when denying reconsidera­tion. Harrington v. Water Resources Depart­ment, 216 Or App 16, 171 P3d 1001 (2007)

“Party affected” means any peti­tioner affected by Water Resources Depart­ment order whether or not that peti­tioner achieves formal party status. Pete’s Mountain Homeowners Ass’n. v. Water Resources Depart­ment, 236 Or App 507, 238 P3d 395 (2010)

Chapter 536

Law Review Cita­tions

28 WLR 285 (1992)

1 Legislative Counsel Committee, CHAPTER 536—Water Resources Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors536.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 536, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano536.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.