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Oregon Revised Statutes

Or. Rev. Stat. § 537.173 (2026)

Exceptions to final order; modified order

✓ current as of May 2026
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      537.173 Exceptions to final order; modified order. (1) Within 20 days after the Water Resources Director issues a final order under ORS 537.170 after the conclusion of a contested case hearing, any party may file exceptions to the order with the Water Resources Commission.

      (2) The commission shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period under subsection (1) of this section. [1995 c.416 §14]

 

      Note: See second note under 537.153.

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2004–2025 · leading case: East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023).
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East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). · cites it 3× “ORS 537.173(1). The commission “shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). · cites it 3× “The protestants filed exceptions to the director’s final order with the commission under ORS 537.173. They argued (1) that the proposed use would not protect the in-stream water rights within Drift Creek as guaranteed by Certificate 72591, because that certificate requires that…”
Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004). “*93 ORS 537.173. Here, the parties do not dispute that Water-Watch filed a timely protest against the proposed order and filed exceptions.”
East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). · cites it 3× “ORS 537.173(1). The commission “shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). · cites it 3× “The protestants filed exceptions to the director’s final order with the commission under ORS 537.173. They argued (1) that the proposed use would not protect the in-stream water rights within Drift Creek as guaranteed by Certificate 72591, because that certificate requires that…”
— Or. Rev. Stat. § 537.173(1) — 4 cases
East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). “ORS 537.173(1). The commission “shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “The protestants filed exceptions to the director’s final order with the commission under ORS 537.173. They argued (1) that the proposed use would not protect the in-stream water rights within Drift Creek as guaranteed by Certificate 72591, because that certificate requires that…”
East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). “ORS 537.173(1). The commission “shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “The protestants filed exceptions to the director’s final order with the commission under ORS 537.173. They argued (1) that the proposed use would not protect the in-stream water rights within Drift Creek as guaranteed by Certificate 72591, because that certificate requires that…”
— Or. Rev. Stat. § 537.173(2) — 4 cases
East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). “ORS 537.173(1). The commission “shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “The protestants filed exceptions to the director’s final order with the commission under ORS 537.173. They argued (1) that the proposed use would not protect the in-stream water rights within Drift Creek as guaranteed by Certificate 72591, because that certificate requires that…”
East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). “ORS 537.173(1). The commission “shall issue a modified order, if allowed, or deny the exceptions within 60 days after the close of the exception period.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “The protestants filed exceptions to the director’s final order with the commission under ORS 537.173. They argued (1) that the proposed use would not protect the in-stream water rights within Drift Creek as guaranteed by Certificate 72591, because that certificate requires that…”
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