Oregon Revised Statutes

Or. Rev. Stat. § 537.175 (2026)

Time limit for issuing final order or scheduling contested case hearing; applicant request for extension

✓ current as of May 2026

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537.175 Time limit for issuing final order or scheduling contested case hearing; applicant request for extension. (1) Except as provided in subsection (2) of this section, the Water Resources Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.140 or 537.400 within 180 days after the department proceeds with the application under ORS 537.150 (5).

(2) At the request of the applicant, the department may extend the 180-day period set forth in subsection (1) of this section for a reasonable period of time.

(3) If the applicant does not request an extension under subsection (2) of this section and the department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the department proceeds with the application under ORS 537.150 (5), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the department to issue a final order or schedule a contested case hearing on an application for a water right. If the application is for an out-of-stream use, the writ of mandamus shall compel the department to issue a water right permit, unless the department shows by affidavit that to issue a permit may result in harm to an existing water right holder. [1995 c.416 §17; 2025 c.575 §7]

Note: See second note under 537.153.

537.180 [Amended by 1971 c.734 §78; 1985 c.673 §31; repealed by 1995 c.416 §50]

537.185 [1971 c.734 §80; repealed by 1985 c.673 §185]

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Dep't, 238 P.3d 395 (Or. Ct. App. 2010).

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Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Dep't, 238 P.3d 395 (Or. Ct. App. 2010). “ORS 537.175. If the application is approved, the department must issue a permit that specifies the details of the authorized use, setting forth any terms, limitations, and conditions that the department considers appropriate.”

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