Distribution and Storage of Water

ORS 540.537
Order allowing exchange

  • order terminating exchange


(1)

The Water Resources Commission shall issue an order allowing an exchange unless the commission finds any of the following:

(a)

The proposed exchange would adversely affect other appropriators.

(b)

The proposed exchanges would be too difficult to administer.

(c)

The proposed exchange would adversely affect the public interest as determined under ORS 537.170 (Contested case hearing on application) (8).

(d)

A sufficient quantity of water would not be available to replace the water to be used under the exchange. In determining whether replacement water will be equal to the water exchanged, the commission may consider relative consumptive uses and transmission losses.

(2)

The commission may include any condition the commission considers necessary in an order allowing an exchange.

(3)

The commission shall issue an order terminating the exchange:

(a)

If water is not applied under the exchange within the time fixed by the commission in the order approving the exchange;

(b)

Upon written request signed by all parties to the exchange;

(c)

Upon finding that any other termination condition specified in the original order has occurred; or

(d)

Upon attainment of a termination date specified in the original exchange order.

(4)

For purposes of subsection (3) of this section, the time fixed for implementing the exchange shall include any extension granted by the commission for good cause shown. [1987 c.815 §4; 1995 c.416 §38]
Chapter 540

Law Review Citations

11 EL 390 (1981)


Source

Last accessed
Jun. 26, 2021