Distribution and Storage of Water

ORS 540.670
Effect of cancellation of primary water right on supplemental right

  • change from supplemental to primary right
  • priority date


(1)

The cancellation of a primary water right for nonuse under ORS 540.641 (Protest of cancellation) shall not also cancel a supplemental water right unless the supplemental water right also has not been used beneficially for five or more years.

(2)

If the Water Resources Commission cancels a primary water right under ORS 540.641 (Protest of cancellation) the commission may issue a new water right certificate changing the supplemental water right to a primary right if the commission finds that the change would not result in injury to existing water rights.

(3)

A supplemental right changed to a primary right under subsection (2) of this section shall retain the priority date of the supplemental right. [1987 c.339 §2]
PROHIBITED ACTS; INJUNCTIONS
Chapter 540

Law Review Citations

11 EL 390 (1981)


Source

Last accessed
Jun. 26, 2021