ORS 537.350¹
Legal status of in-stream water right

(1) After the Water Resources Commission issues a certificate for an in-stream water right under ORS 537.341 (Certificate for in-stream water right) to 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right), the in-stream water right shall have the same legal status as any other water right for which a certificate has been issued.

(2) An in-stream water right is not subject to cancellation under ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation) or 537.410 (Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit) to 537.450 (Rules for proof as to work and use of water under permits) but an in-stream water right may be canceled under ORS 540.610 (Use as measure of water right) to 540.650 (Issuance of new water right certificate for water rights not canceled). [1987 c.859 §10]

Law Review Cita­tions

21 EL 13 (1991)

§§ 537.332 (Definitions for ORS 537.332 to 537.360) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits)

Law Review Cita­tions

21 EL 1 (1991); 28 WLR 285 (1992); 36 EL 1125, 1237 (2006); 47 WLR 467 (2011)

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/­ors537.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 537, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano537.­html (2019) (last ac­cessed May 16, 2020).
 
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