Oregon Revised Statutes

Or. Rev. Stat. § 537.142 (2026)

Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

537.142 Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program. (1) No water right certificate or permit is required for the use of the surface waters of this state if

the water is to be used for a salmon and trout enhancement project certified by the State Department of Fish and Wildlife under ORS 496.430 to 496.460.

(2) The use of water for a salmon and trout enhancement project under subsection (1) of this section is a beneficial use and such use shall be allowed on all the waters of this state, whether or not the project is located on waters of this state for which the use is restricted pursuant to any of the following:

(a) A scenic waterway designation under ORS 390.805 to 390.925.

(b) A statutory withdrawal from appropriation under ORS chapter 538.

(d) An administrative withdrawal from appropriation by the Water Resources Director or the Water Resources Commission.

(e) Any other statutory or administrative restriction on the use of the waters.

(3) If the use of the waters of this state under subsection (1) of this section conflicts with the use of water under a permit issued under ORS 537.240 or a use allowed under a water right certificate issued under ORS 537.250, the use permitted under subsection (1) of this section shall be subordinate. [1985 c.310 §2; 1989 c.587 §2]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1988–2023 · leading case: Diack v. City of Portland, 759 P.2d 1070 (Or. 1988).

Sort: Relevance Newest Treatment

Diack v. City of Portland, 759 P.2d 1070 (Or. 1988). · cites it 2× “142 [not applicable here], any person intending to acquire the right to the beneficial use of any of the surface waters of this state shall, before beginning construction, enlargement or extension of any ditch, canal or other distributing or controlling works, or performing any…”

Bridge Creek Ranch v. Water Resources Dept. (Or. Ct. App. 2023). “, ORS 537.142(2) (“The use of water for a salmon and trout enhancement project * * * is a beneficial use[.”

— Or. Rev. Stat. § 537.142(2) — 1 case

Bridge Creek Ranch v. Water Resources Dept. (Or. Ct. App. 2023). “, ORS 537.142(2) (“The use of water for a salmon and trout enhancement project * * * is a beneficial use[.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.