Appropriation of Water Generally

ORS 537.270
Conclusiveness of certificate

A water right certificate issued in accordance with the provisions of ORS 537.250 (Water right certificate) which, after the expiration of three months from the date it is issued, has not been contested and canceled in the manner provided in ORS 537.260 (Cancellation of permit for failure of proof of completion of appropriation), and a water right certificate, when issued under ORS 539.140 (Water right certificates), shall be conclusive evidence of the priority and extent of the appropriation therein described in any proceeding in any court or tribunal of the state, except in those cases where the rights of appropriation thereby described have been abandoned subsequent to issuance of the certificate.

Notes of Decisions

In relation to mistakes of a nonclerical nature, the certificate holder must bring those mistakes to the attention of the state engineer within the three-month period to avoid being bound by the terms of the certificate. Wilber v. Wheeler, 273 Or 855, 543 P2d 1052 (1975)

Issuance of water right certificate for transferred water right and passage of challenge period terminates ability to challenge new certificate based on abandonment of water right prior to transfer. Kerivan v. Water Resources Commission, 188 Or App 491, 72 P3d 659 (2003), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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