Oregon Revised Statutes

Or. Rev. Stat. § 537.341 (2026)

Certificate for in-stream water right

✓ current as of May 2026
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      537.341 Certificate for in-stream water right. Subject to the provisions of ORS 537.343, the Water Resources Commission shall issue a certificate for an in-stream water right. The in-stream water right shall date from the filing of the application with the commission. The certificate shall be in the name of the Water Resources Department as trustee for the people of the State of Oregon and shall be issued by the commission according to the procedures established under ORS 537.338. The commission shall forward a copy of each certificate issued under this section to the state agency requesting the in-stream water right. A certificate for an in-stream water right supplied by stored water shall refer to the reservoir described in the request filed under ORS 537.336. [1987 c.859 §6; 1995 c.673 §2]

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2003–2025 · leading case: East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025).
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). · cites it 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 v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020). “” ORS 537.348(2) (1999), amended by Or Laws 2001, ch 205, § 1.”
Kerivan v. Water Resources Comm'n, 72 P.3d 659 (Or. Ct. App. 2003). · cites it 2× “ORS 537.341 (transfer to an in-stream water right is accompanied by the issuance of a new water right certificate); ORS 537.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). · cites it 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.”
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