Appropriation of Water Generally
Contested case hearing on application
- final order
- appeal
Notes of Decisions
Phrase "impair or be detrimental to public interest" in this section was sufficiently specific that Water Policy Review Board was not required to adopt rules establishing more definite standards before deciding whether to approve application for hydroelectric project. Steamboaters v. Winchester Water Control Dist., 69 Or App 596, 688 P2d 92 (1984), Sup Ct review denied
Applicant is not exempt from requirement that protest of proposed order must be filed with Water Resources Department before judicial review of order in other than contested case. Lentz v. Water Resources Dept., 154 Or App 217, 962 P2d 41 (1998)
Law Review Citations
4 EL 332, 333 (1974); 16 EL 583, 592 (1986); 21 EL 11, 133 (1991); 32 WLR 187 (1996)
Atty. Gen. Opinions
Storage rights to store water for later beneficial use are not subordinate to later priority direct use rights unless made so by explicit conditions imposed on storage right, (1989) Vol 46, p 290
Notes of Decisions
Water control district, in applying for water appropriation permit for hydroelectric project, was exempt from licensing provisions of ORS 543.010 to 543.620 and needed only to comply with requirements of this chapter. Steamboaters v. Winchester Water Control Dist., 69 Or App 596, 688 P2d 92 (1984), Sup Ct review denied
Atty. Gen. Opinions
Reservation to state of "all coal and other minerals" in deed of land by state as reservation of geothermal resources, (1980) Vol 41, p 298
Law Review Citations
11 EL 387 (1981); 16 EL 583, 592 (1986); 28 WLR 285 (1992)