Oregon Revised Statutes Chapter 539 § 539.170 — Division of water pending hearing

Division of water pending hearing. While the hearing of the order of the Water Resources Director is pending in the circuit court, and until a certified copy of the judgment, order or decree of the court is transmitted to the director, the division of water from the stream involved in the appeal shall be made in accordance with the order of the director. Note: Sections 1 and 2, chapter 445, Oregon Laws 2015, provide: Sec. 1. Leasing or temporary transfer of determined claim. (1) As used in this section, “determined claim” means a water right in the Upper Klamath Basin determined and established in an order of determination certified by the Water Resources Director under ORS 539.130. (2) Except as provided in subsections (3) and (4) of this section, during the period that judicial review of the order of determination is pending, a determined claim is: (a) An existing water right that may be leased for a term as provided under ORS 537.348; and (b) A primary water right that is subject to temporary transfer for purposes of ORS 540.523. (3) Subsection (2) of this section: (a) Does not apply to a water right determined and established in an order of determination that has been stayed by the filing of a bond or irrevocable letter of credit under ORS 539.180; (b) Does not apply to a water right transfer that includes changing the point of diversion upstream; and (c) Does not allow a person to purchase, lease or accept a gift of a determined claim for conversion to an in-stream water right as described in ORS 537.348 (1). (4) For purposes of determining under ORS 537.348 (5) or 540.523 (2) whether the Water Resources Department may approve a lease or temporary transfer of a determined claim, an injury to another determined claim is an injury to an existing water right. Notwithstanding ORS 537.348 (6) or 540.523 (5), the department shall deny, modify or revoke the lease or temporary transfer of a determined claim if the department determines that the lease or temporary transfer has resulted in, or is likely to result in: (a) Injury to another determined claim or other existing water right; or (b) Enlargement of the determined claim. (5) The department shall revoke the lease or temporary transfer of a determined claim if a court judgment stays the determined claim. (6) If a determined claim is removed from land by lease or temporary transfer, the land from which the determined claim is removed may not receive water during the term of the lease or temporary transfer. [2015 c.445 §1] Sec. 2. (1) Section 1, chapter 445, Oregon Laws 2015, is repealed on the date on which the Klamath County Circuit Court issues a water rights decree affirming or modifying the Findings of Fact and Order of Determination for the Klamath River Basin Adjudication (Case No. WA1300001). (2) Not more than 30 days after the court issues the water rights decree described in subsection (1) of this section, the Water Resources Director shall notify the committees or interim committees of the Legislative Assembly related to natural resources and the Legislative Counsel of the date on which the court issued the water rights decree. (3) Notwithstanding the repeal of section 1, chapter 445, Oregon Laws 2015, by subsection (1) of this section, subject to modification or revocation under section 1, chapter 445, Oregon Laws 2015, a lease or temporary transfer of a determined claim under section 1, chapter 445, Oregon Laws 2015, for a term beginning prior to the repeal of section 1, chapter 445, Oregon Laws 2015, by subsection (1) of this section, may continue in effect for the term of the lease or temporary transfer. If a court judgment results in a modification of the determined claim, the parties may continue the lease or temporary transfer of all or part of the water right as modified for all or part of the original term of the lease or temporary transfer. [2015 c.445 §2; 2025 c.79 §1]