Oregon Revised Statutes

Or. Rev. Stat. § 537.332 (2026)

Definitions for ORS 537.332 to 537.360

✓ current as of May 2026

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537.332 Definitions for ORS 537.332 to 537.360. As used in ORS 537.332 to 537.360:

(1) “In-stream” means within the natural stream channel or lake bed or place where water naturally flows or occurs.

(2) “In-stream flow” means the minimum quantity of water necessary to support the public use requested by an agency.

(3) “In-stream water right” means a water right held in trust by the Water Resources Department for the benefit of the people of the State of Oregon to maintain water in-stream for public use. An in-stream water right does not require a diversion or any other means of physical control over the water.

(4) “Public benefit” means a benefit that accrues to the public at large rather than to a person, a small group of persons or to a private enterprise.

(5) “Public use” includes but is not limited to:

(a) Recreation;

(b) Conservation, maintenance and enhancement of aquatic and fish life, wildlife, fish and wildlife habitat and any other ecological values;

(d) Navigation. [1987 c.859 §2; 1995 c.416 §32]

Notes of Decisions

Cited in 8 cases (5 in the last 5 years), 1994–2025 · 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 5× “ORS 537.332 contains definitions regarding the statutes pertaining to instream water rights.”

East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). · cites it 4× “” ORS 537.332(2). Under ORS 537.341, the commission issues in-stream water-right certificates in the name of the depart- ment as trustee for the people of Oregon.”

Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004). “Instream water rights are established by certificate from the Water Resources Commission or by lease agreement, pursuant to ORS 537.332 to 537.360, to maintain and support public uses within natural streams and lakes.”

WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021). · cites it 3× “ORS 537.332(3). Such rights had previously been unavailable under the prior appropriation regime.”

East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). · cites it 5× “ORS 537.332 contains definitions regarding the statutes pertaining to instream water rights.”

Kerivan v. Water Resources Comm'n, 72 P.3d 659 (Or. Ct. App. 2003). · cites it 2× “” ORS 537.332. 2 ORS 540.610(1) and (2) establish a rebuttable presumption of forfeiture upon a showing of failure by the owner to “use beneficially for five successive years.”

Nw. Resource Info. Ctr., Inc. v. Nw. Power Plan. Council, 35 F.3d 1371 (1994). “It is also worth pointing out that Idaho ( Idaho Code § 42-1501 ), Oregon (Or.Rev. Stat. §§ 537.332, 537.336), and Washington (Wash.”

— Or. Rev. Stat. § 537.332(2) — 2 cases

East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “” ORS 537.332(2). Under ORS 537.341, the commission issues in-stream water-right certificates in the name of the depart- ment as trustee for the people of Oregon.”

— Or. Rev. Stat. § 537.332(3) — 5 cases

East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). “ORS 537.332 contains definitions regarding the statutes pertaining to instream water rights.”

WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021). “ORS 537.332(3). Such rights had previously been unavailable under the prior appropriation regime.”

East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). “ORS 537.332 contains definitions regarding the statutes pertaining to instream water rights.”

— Or. Rev. Stat. § 537.332(4) — 2 cases

— Or. Rev. Stat. § 537.332(5) — 1 case

WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021). “ORS 537.332(3). Such rights had previously been unavailable under the prior appropriation regime.”

— Or. Rev. Stat. § 537.332(5)(b) — 4 cases

East Valley Water v. Water Resources Comm'n, 539 P.3d 789 (Or. Ct. App. 2023). “ORS 537.332 contains definitions regarding the statutes pertaining to instream water rights.”

East Valley Water v. Water Resources Comm'n (Or. Ct. App. 2023). “ORS 537.332 contains definitions regarding the statutes pertaining to instream water rights.”

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