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Oregon Revised Statutes

Or. Rev. Stat. § 537.350 (2026)

Legal status of in-stream water right

✓ current as of May 2026
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      537.350 Legal status of in-stream water right. (1) After the Water Resources Commission issues a certificate for an in-stream water right under ORS 537.341 to 537.348, the in-stream water right shall have the same legal status as any other water right for which a certificate has been issued.

      (2) An in-stream water right is not subject to cancellation under ORS 537.260 or 537.410 to 537.450 but an in-stream water right may be canceled under ORS 540.610 to 540.650. [1987 c.859 §10]

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2003–2025 · leading case: WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020).
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WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020). “348 authorized any person with an existing water right to “lease the existing water right or portion thereof for use as an in-stream water right for a specified period without the loss of the original priority date,” and it further provided that, “[d]uring the term of such…”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “ORS 537.350(1). That is, like any other certificated water right, a certificated in-stream right is vested,9 and the attributes and priority date of an in-stream water right must be given the same protection as any other water right.”
Kerivan v. Water Resources Comm'n, 72 P.3d 659 (Or. Ct. App. 2003). · cites it 3× “See ORS 537.350. Accepting petitioners’ position would nullify the effect of ORS 537.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “ORS 537.350(1). That is, like any other certificated water right, a certificated in-stream right is vested,9 and the attributes and priority date of an in-stream water right must be given the same protection as any other water right.”
— Or. Rev. Stat. § 537.350(1) — 3 cases
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “ORS 537.350(1). That is, like any other certificated water right, a certificated in-stream right is vested,9 and the attributes and priority date of an in-stream water right must be given the same protection as any other water right.”
Kerivan v. Water Resources Comm'n, 72 P.3d 659 (Or. Ct. App. 2003). “See ORS 537.350. Accepting petitioners’ position would nullify the effect of ORS 537.”
East Valley Water v. Water Resources Comm'n, 374 Or. 148 (Or. 2025). “ORS 537.350(1). That is, like any other certificated water right, a certificated in-stream right is vested,9 and the attributes and priority date of an in-stream water right must be given the same protection as any other water right.”
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