2017 ORS 537.470¹
Allocation of conserved water by commission
  • criteria
  • percentage to state
  • certificates showing change in original water right

(1) Upon receipt of an application for allocation of conserved water under ORS 537.465 (Application for allocation of conserved water), the Water Resources Commission shall give notice of receipt of the application in accordance with ORS 540.520 (Application for change of use, place of use or point of diversion) (5).

(2) The commission shall allocate conserved water as provided in subsection (3) of this section and approve modifications of water rights as provided in subsection (6) of this section. The commission may not allocate conserved water pursuant to an application under ORS 537.465 (Application for allocation of conserved water) if the application is filed more than five years after the conservation measure was implemented.

(3) After determining the quantity of conserved water, if any, required to mitigate the effects on other water rights, the commission shall allocate 25 percent of the remaining conserved water to the state and 75 percent to the applicant, unless the applicant proposes a higher allocation to the state or more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources. If more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources and is not subject to repayment, the commission shall allocate to the state a percentage equal to the percentage of public funds used to finance the conservation measures and allocate to the applicant a percentage equal to the percentage of other funds used to finance the conservation measures. If the commission determines that the water allocated to the state is necessary to support in-stream flow purposes in accordance with ORS 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), the water shall be converted to an in-stream water right. If the water allocated to the state is not necessary to support in-stream flow purposes, it shall revert to the public for appropriation by the next user in priority. In no event, however, shall the applicant receive less than 25 percent of the remaining conserved water unless the applicant proposes a higher allocation to the state.

(4) The commission shall notify the applicant and any other person requesting notice, of the action the commission intends to take under subsection (3) of this section. Any person objecting to the proposed allocation may file a protest requesting a contested case hearing before the commission.

(5) The modification of water rights under an allocation of conserved water may not require a separate request for transfer under ORS 540.520 (Application for change of use, place of use or point of diversion).

(6) After the commission completes the allocation of conserved water under subsection (3) of this section, the commission shall issue orders for proposed new certificates covering the changes in the original water rights. Once the conservation project is completed, separate new certificates preserving the previously established priority of rights shall be issued to cover the unaffected portion of the water rights and separate new certificates indicating the priority of rights as set forth in ORS 537.485 (Priority of right to use conserved water) shall be issued to cover the right to the use of the allocated water. [1987 c.264 §4; 1989 c.62 §1; 1993 c.641 §4; 1995 c.274 §13; 1999 c.664 §7; 2003 c.93 §4]

Note: See note under 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510).

Law Review Cita­tions

27 EL 151 (1997); 36 EL 1237 (2006)

Law Review Cita­tions

21 EL 1 (1991); 28 WLR 285 (1992); 28 EL 1137 (1998); 36 EL 1125 (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/­ors/­ors537.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 537, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano537.­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.