Precedence of uses
Notwithstanding any provision of ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.343 (Proposed final order) and 537.350 (Legal status of in-stream water right), the right to the use of the waters of this state for a project for multipurpose storage or municipal uses or by a municipal applicant, as defined in ORS 537.282 (Definition of “municipal applicant”), for a hydroelectric project, shall take precedence over an in-stream water right when the Water Resources Department conducts a review of the proposed project in accordance with ORS 537.170 (Contested case hearing on application). The precedence given under this section shall not apply if the in-stream water right was established pursuant to ORS 537.346 (Conversion of minimum perennial streamflows to in-stream water rights) or 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right). [1987 c.859 §11; 1995 c.416 §42]
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