Oregon Revised Statutes
Or. Rev. Stat. § 536.320 (2026)
Limitation of powers of commission
✓ current as of May 2026
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536.320 Limitation of powers of commission. The Water Resources Commission shall not have power:
(1) To interfere with, supervise or control the internal affairs of any state agency or public corporation;
(2) To modify, set aside or alter any existing right to use water or the priority of such use established under existing laws; or
(3) To modify or amend any standard or policy as prescribed in ORS 536.310 nor to adopt any rule or regulation in conflict therewith. [1955 c.707 §10(4)]
536.325 [1979 c.319 §2; 1983 c.796 §4; 1985 c.673 §15; repealed by 1997 c.212 §1]
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1970–2023 · leading case: Steamboaters v. Winchester Water Control Dist., 688 P.2d 92 (Or. Ct. App. 1984).
Steamboaters v. Winchester Water Control Dist., 688 P.2d 92 (Or. Ct. App. 1984). “In fact, ORS 536.320(1) expressly prohibits WPRB from overseeing a district’s internal affairs: “The Board shall not have power “(1) To interfere with, supervise or control the internal affairs of any * * * public corporation.”
Diack v. City of Portland, 759 P.2d 1070 (Or. 1988). “However, ORS 536.320(2) provides: “The commission shall not have power: * * * * “ (2) To modify, set aside or alter any existing right to use water or the priority of such use established under existing laws * * * ” *294 The city argues that the Commission does not have the…”
Phillips v. Gardner, 469 P.2d 42 (Or. Ct. App. 1970). “In fact, ORS 536.320 specifically provides: “The hoard shall not have power: # # # * “(2) To modify, set aside or alter any existing right to nse water or the priority of snch nse established under existing laws * * *.”
Buchanan v. Water Resources Comm'n (D. Or. 2023). “Petitioners thus allege that OWRD’s validation of the Tribes’ call violates: ORS § 536.320(2); Article 1, Sections 10, 18, 20, 21, and 22 of the Oregon Constitution; and the Fifth, Tenth, and Fourteenth Amendments to the United States Constitution.”
Waterwatch of Oregon, Inc. v. Oregon Water Resources Comm'n, 776 P.2d 1307 (Or. Ct. App. 1989). “See ORS 536.320(2). Nothing in ORS 536.300(2) even arguably requires the regulation of those uses in this rule.”
— Or. Rev. Stat. § 536.320(1) — 1 case
Steamboaters v. Winchester Water Control Dist., 688 P.2d 92 (Or. Ct. App. 1984). “In fact, ORS 536.320(1) expressly prohibits WPRB from overseeing a district’s internal affairs: “The Board shall not have power “(1) To interfere with, supervise or control the internal affairs of any * * * public corporation.”
— Or. Rev. Stat. § 536.320(2) — 3 cases
Diack v. City of Portland, 759 P.2d 1070 (Or. 1988). “However, ORS 536.320(2) provides: “The commission shall not have power: * * * * “ (2) To modify, set aside or alter any existing right to use water or the priority of such use established under existing laws * * * ” *294 The city argues that the Commission does not have the…”
Buchanan v. Water Resources Comm'n (D. Or. 2023). “Petitioners thus allege that OWRD’s validation of the Tribes’ call violates: ORS § 536.320(2); Article 1, Sections 10, 18, 20, 21, and 22 of the Oregon Constitution; and the Fifth, Tenth, and Fourteenth Amendments to the United States Constitution.”
Waterwatch of Oregon, Inc. v. Oregon Water Resources Comm'n, 776 P.2d 1307 (Or. Ct. App. 1989). “See ORS 536.320(2). Nothing in ORS 536.300(2) even arguably requires the regulation of those uses in this rule.”
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