Oregon Statutes 537.330 – Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply
(1) In any transaction for the conveyance of real estate that includes a water right, the seller of the real estate shall, upon accepting an offer to purchase that real estate, also inform the purchaser in writing whether any permit, transfer approval order or certificate evidencing the water right is available and that the seller will deliver any permit, transfer approval order or certificate to the purchaser at closing, if the permit, transfer approval order or certificate is available.
Terms Used In Oregon Statutes 537.330
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) Upon closing and delivery of the instrument of conveyance in a real estate transaction involving the transfer of a water right, the seller shall also deliver to the purchaser evidence of any permit, transfer approval order or certificate of water rights if the permit, transfer approval order or certificate is available.
(3) The failure of a seller to comply with the provisions of this section does not invalidate an instrument of conveyance executed in the transaction.
(4) This section does not apply to any transaction for the conveyance of real estate that includes a water right when the permit, transfer approval order or certificate evidencing the water right is held in the name of a district or corporation formed pursuant to ORS Chapter 545, 547, 552, 553 or 554.
(5) As used in this section:
(a) ‘Certificate’ means a certificate or registration issued under ORS § 537.250 (1), 537.585, 539.140 or 539.240.
(b) ‘Permit’ means a permit issued under ORS § 537.211, 537.240 or 537.625.
(c) ‘Transfer approval order’ means an order of the Water Resources Commission issued under ORS § 540.530. [1979 c.535 § 4; 1981 c.448 § 1; 1991 c.411 § 1; 1995 c.274 § 12; 2005 c.14 § 1]
IN-STREAM WATER RIGHTS