Oregon Statutes 537.250 – Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights
(1) After the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS § 537.230 that shows, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of the Water Rights Act, except as provided in subsection (4) of this section, the department shall issue to the applicant a certificate of the same character as that described in ORS § 539.140. The certificate shall be recorded and transmitted to the applicant as provided in that section.
Terms Used In Oregon Statutes 537.250
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
(2) When issuing a water right certificate under this section in the name of a district as defined in ORS § 540.505, or in the name of a government agency for a district, the department may issue the water right certificate for land not described in the permit in accordance with ORS § 537.252.
(3) Rights to the use of water acquired under the provisions of the Water Rights Act, as set forth in a certificate issued under this section, shall continue in the owner thereof so long as the water shall be applied to a beneficial use under and in accordance with the terms of the certificate, subject only to loss:
(a) By nonuse as specified and provided in ORS § 540.610; or
(b) As provided in ORS § 537.297.
(4) The department may not issue a water right certificate for municipal use under this section if:
(a) An extension of time is required; and
(b) The order approving the extension of time has not become final by operation of law or on appeal. [Amended by 1985 c.392 § 11; 1985 c.673 § 191; 1987 c.542 § 6; 1989 c.509 § 6; 1995 c.218 § 3; 1995 c.365 § 5; 1995 c.416 § 21a; 2005 c.410 § 3; 2017 c.704 § 2]