Oregon Revised Statutes

Or. Rev. Stat. § 537.250 (2026)

Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights

✓ current as of May 2026

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537.250 Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights. (1) After the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS 537.230 that shows, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of the Water Rights Act, except as provided in subsection (4) of this section, the department shall issue to the applicant a certificate of the same character as that described in ORS 539.140. The certificate shall be recorded and transmitted to the applicant as provided in that section.

(2) When issuing a water right certificate under this section in the name of a district as defined in ORS 540.505, or in the name of a government agency for a district, the department may issue the water right certificate for land not described in the permit in accordance with ORS 537.252.

(3) Rights to the use of water acquired under the provisions of the Water Rights Act, as set forth in a certificate issued under this section, shall continue in the owner thereof so long as the water shall be applied to a beneficial use under and in accordance with the terms of the certificate, subject only to loss:

(a) By nonuse as specified and provided in ORS 540.610; or

(b) As provided in ORS 537.297.

(4) The department may not issue a water right certificate for municipal use under this section if:

(a) An extension of time is required; and

(b) The order approving the extension of time has not become final by operation of law or on appeal. [Amended by 1985 c.392 §11; 1985 c.673 §191; 1987 c.542 §6; 1989 c.509 §6; 1995 c.218 §3; 1995 c.365 §5; 1995 c.416 §21a; 2005 c.410 §3; 2017 c.704 §2]

Notes of Decisions

Cited in 20 cases (4 in the last 5 years), 1956–2025 · leading case: Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 188 P.3d 277 (Or. 2008).

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Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 188 P.3d 277 (Or. 2008). · cites it 11× “505(4) provides the following four-part definition: “ “Water use subject to transfer’ means a water use established by: “(a) An adjudication under ORS chapter 539 as evidenced by a court decree; “(b) A water right certificate; “(c) A water use permit for which a request for…”

Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013). · cites it 15× “See *723 ORS 537.250. 6 Petitioner did not challenge the issuance of the certificate.”

Hale v. Water Resources Dep't, 55 P.3d 497 (Or. Ct. App. 2002). · cites it 10× “ORS 537.250. Water rights certificates may be granted only “[a]fter the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS 537.”

Klamath Irrigation Dist. v. United States, 227 P.3d 1145 (Or. 2010). · cites it 2× “[1] We do not expressly consider the interests of irrigation districts that "receive" water from the Klamath Basin Reclamation Project. [2] In Fort Vannoy , the water rights at issue were not only appropriated, they were also certificated.”

Teel Irrigation Dist. v. Water Resources Dep't, 919 P.2d 1172 (Or. 1996). · cites it 3× “ORS 537.250. The certificate shows the user’s priority, dated to the time of the original application, the extent and purpose of the right, and a description of the land to which the water is appurtenant.”

Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 162 P.3d 1066 (Or. Ct. App. 2007). · cites it 4× “505(4), “water use subject to transfer” “means water use established by: “(a) An adjudication under ORS chapter 539 as evidenced by a court decree; “(b) A water right certificate; “(c) A water use permit for which a request for issuance of a water right certificate under ORS…”

Hannigan v. Hinton, 97 P.3d 1256 (Or. Ct. App. 2004). · cites it 4× “1 According to ORS 537.250, a certificate for a water right shall issue from the state to the permittee when the application is approved, a permit has issued, and the water right has been perfected by application of the water to beneficial use.”

East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). · cites it 4× “ORS 537.250(1). The right to the use of water as set out in the certificate continues in the owner of the certificate “so long as the water shall be applied to a beneficial use under and in accordance with the terms of the certificate.”

Wilber v. Wheeler, 543 P.2d 1052 (Or. 1975). · cites it 4× “A water right certificate issued in accordance with the provisions of ORS 537.250 which, after the expiration of three months from the date it is issued, has not been contested and canceled in the manner provided in ORS 537.”

Teel Irrigation Dist. v. Water Resources Dep't, 898 P.2d 1344 (Or. Ct. App. 1995). · cites it 2× “When the diversion is complete and the application to a beneficial purpose accomplished, the permit holder must submit a survey of the appropriation, called a final proof survey, to the department. ORS 537.230. If the department finds, based on the final proof survey, that the…”

WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020). · cites it 3× “Once a water right certificate issues, the rights described in it continue “so long as the water shall be applied to a beneficial use” under and in accordance with the terms of the certificate. ORS 537.250(3). Importantly, the corollary is that water rights can be forfeited when…”

Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004). “If a municipality defers perfection of its water right under this section, the department shall issue a certificate under ORS 537.250 only for the amount perfected.”

Show all 20 citing cases →

— Or. Rev. Stat. § 537.250(1) — 7 cases

Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013). “See *723 ORS 537.250. 6 Petitioner did not challenge the issuance of the certificate.”

Hale v. Water Resources Dep't, 55 P.3d 497 (Or. Ct. App. 2002). “ORS 537.250. Water rights certificates may be granted only “[a]fter the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS 537.”

Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 188 P.3d 277 (Or. 2008). “505(4) provides the following four-part definition: “ “Water use subject to transfer’ means a water use established by: “(a) An adjudication under ORS chapter 539 as evidenced by a court decree; “(b) A water right certificate; “(c) A water use permit for which a request for…”

East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “ORS 537.250(1). The right to the use of water as set out in the certificate continues in the owner of the certificate “so long as the water shall be applied to a beneficial use under and in accordance with the terms of the certificate.”

Hannigan v. Hinton, 97 P.3d 1256 (Or. Ct. App. 2004). “1 According to ORS 537.250, a certificate for a water right shall issue from the state to the permittee when the application is approved, a permit has issued, and the water right has been perfected by application of the water to beneficial use.”

— Or. Rev. Stat. § 537.250(2) — 1 case

— Or. Rev. Stat. § 537.250(3) — 11 cases

Klamath Irrigation Dist. v. United States, 227 P.3d 1145 (Or. 2010). “[1] We do not expressly consider the interests of irrigation districts that "receive" water from the Klamath Basin Reclamation Project. [2] In Fort Vannoy , the water rights at issue were not only appropriated, they were also certificated.”

Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013). “See *723 ORS 537.250. 6 Petitioner did not challenge the issuance of the certificate.”

Teel Irrigation Dist. v. Water Resources Dep't, 919 P.2d 1172 (Or. 1996). “ORS 537.250. The certificate shows the user’s priority, dated to the time of the original application, the extent and purpose of the right, and a description of the land to which the water is appurtenant.”

— Or. Rev. Stat. § 537.250(3)(a) — 2 cases

WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020). “Once a water right certificate issues, the rights described in it continue “so long as the water shall be applied to a beneficial use” under and in accordance with the terms of the certificate. ORS 537.250(3). Importantly, the corollary is that water rights can be forfeited when…”

Bridge Creek Ranch v. Water Resources Dept. (Or. Ct. App. 2023).

— Or. Rev. Stat. § 537.250(l) — 1 case

Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013). “See *723 ORS 537.250. 6 Petitioner did not challenge the issuance of the certificate.”

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