537.270
Conclusiveness of certificate.
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 537.260, and
a water right certificate, when issued under ORS 539.140, shall be conclusive
evidence of the priority and extent of the appropriation therein described in
any proceeding in any court or tribunal of the state, except in those cases
where the rights of appropriation thereby described have been abandoned
subsequent to issuance of the certificate.
537.280 [Renumbered 537.335]
Notes of Decisions
Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013).
· cites it 8× “260 [11] ***, shall be conclusive evidence of the priority and extent of the appropriation therein described in any proceeding in any court or tribunal of the state, except in those cases where the rights of appropriation thereby described have been abandoned subsequent to the…”
Wilber v. Wheeler, 543 P.2d 1052 (Or. 1975).
· cites it 11× “On appeal, plaintiffs contended that the certificate which was issued was a "patently defective water right certificate" and that the issuance of such certificate was subject to correction by the State Engineer as a "clerical mistake." However, the Court of Appeals affirmed the…”
United States v. Oregon, 44 F.3d 758 (9th Cir. 1994).
“See Or.Rev.Stat. § 537.270 (water right certificate issued through permit process or after statutory adjudication is to be considered “conclusive evidence of the priority and extent of the appropriation therein described”); *768 id.”
Kerivan v. Water Resources Comm'n, 72 P.3d 659 (Or. Ct. App. 2003).
· cites it 6× “Of particular significance is ORS 537.270, which specifically establishes the conclusive finality of water right certificates: “A water right certificate issued in accordance with the provisions of ORS 537.”
Vandehey v. Wheeler, 499 P.2d 1319 (Or. Ct. App. 1973).
“See, ORS 537.270; Cleaver v. Judd, 238 Or 266 , 393 P2d 193 (1964).”
Vandehey v. Wheeler, 507 P.2d 831 (Or. Ct. App. 1973).
“See, ORS 537.270; Cleaver v. Judd, 238 Or. 266 , 393 P.”
Maag v. Orchards Water Co., 865 P.2d 500 (Or. Ct. App. 1993).
“ORS 537.270. Declaratory judgment for plaintiffs reversed; otherwise affirmed.”
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.