Oregon Revised Statutes Chapter 537 § 537.490 — Use of
Oregon Revised Statutes Chapter 537 ·
Oregon Code § 537.490·Enacted ·Last updated March 01, 2026
Statute Text
Use of
conserved water; notice of dispensation of right to use.
(1) Any person or agency allocated
conserved water under ORS 537.470 may reserve the water in stream for future
out-of-stream use or otherwise use or dispose of the conserved water. Any
person or agency to whom conserved water is allocated shall notify the
commission of the dispensation of the right to the use of conserved water. The
notice shall include:
(a) The name and
address of the person buying or leasing the right to the use of conserved
water;
(b) The use to
which the conserved water is to be put; and
(c) The terms of
any agreement between the appropriator and the person using the conserved
water.
(2)
Notwithstanding any other provision of law, a person who holds a water right
permit or certificate having a subsequent priority to a certificate issued
under ORS 537.470 may not acquire a vested right to any water or return flow of
water that results from either the lease of the right to the use of conserved
water or the reservation of conserved water in stream for future use under
subsection (1) of this section.
(3) Any right to
the use of conserved water sold under subsection (1) of this section:
(a) Shall become
appurtenant to the premises upon which the purchaser uses the water; and
(b) Shall be
subject to the provisions of ORS 540.505 to 540.586 and 540.610 to 540.650.
(4) When the
commission receives notice of the sale of the right to the use of conserved
water under subsection (1) of this section, the commission shall issue to the
purchaser a new water right certificate covering the right to the use of
conserved water that was sold. The certificate shall indicate the priority of
the water right according to the provisions of ORS 537.485. [1987 c.264 §8;
1993 c.641 §7]
Note:
See note under 537.455.
Plain English Explanation
This Oregon statute addresses Use of
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 537.490
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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