ORS 537.142
Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program


(1)

No water right certificate or permit is required for the use of the surface waters of this state if
the water is to be used for a salmon and trout enhancement project certified by the State Department of Fish and Wildlife under ORS 496.430 (Definitions for ORS 496.430 and 496.435 to 496.455) to 496.460 (Salmon and Trout Enhancement Program Advisory Committee).

(2)

The use of water for a salmon and trout enhancement project under subsection (1) of this section is a beneficial use and such use shall be allowed on all the waters of this state, whether or not the project is located on waters of this state for which the use is restricted pursuant to any of the following:

(a)

A scenic waterway designation under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement).

(b)

A statutory withdrawal from appropriation under ORS chapter 538.

(c)

A program adopted by the Water Resources Commission under ORS 536.300 (Formulation of state water resources program) to 536.400 (Application to court to compel compliance with state water resources policy).

(d)

An administrative withdrawal from appropriation by the Water Resources Director or the Water Resources Commission.

(e)

Any other statutory or administrative restriction on the use of the waters.

(3)

If the use of the waters of this state under subsection (1) of this section conflicts with the use of water under a permit issued under ORS 537.240 (Federal permit) or a use allowed under a water right certificate issued under ORS 537.250 (Water right certificate), the use permitted under subsection (1) of this section shall be subordinate. [1985 c.310 §2; 1989 c.587 §2]

Source
Last accessed
May. 15, 2020