2017 ORS 540.670¹
Effect of cancellation of primary water right on supplemental right
  • change from supplemental to primary right
  • priority date

(1) The cancellation of a primary water right for nonuse under ORS 540.641 (Protest of cancellation) shall not also cancel a supplemental water right unless the supplemental water right also has not been used beneficially for five or more years.

(2) If the Water Resources Commission cancels a primary water right under ORS 540.641 (Protest of cancellation) the commission may issue a new water right certificate changing the supplemental water right to a primary right if the commission finds that the change would not result in injury to existing water rights.

(3) A supplemental right changed to a primary right under subsection (2) of this section shall retain the priority date of the supplemental right. [1987 c.339 §2]


Chapter 540

Law Review Cita­tions

11 EL 390 (1981)

1 Legislative Counsel Committee, CHAPTER 540—Distribution of Water; Watermasters; Change in Use; Transfer or Forfeiture of Water Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors540.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 540, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano540.­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.