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Oregon Revised Statutes

Or. Rev. Stat. § 537.410 (2026)

Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit; irrigation districts, municipalities and public utilities excepted

✓ current as of May 2026
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      537.410 Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit; irrigation districts, municipalities and public utilities excepted. (1) Whenever the owner of a permit to appropriate the public waters of Oregon fails to commence actual construction work within the time required by law, or having commenced construction work as required by law, fails or neglects to prosecute the construction work with reasonable diligence, or fails to complete the construction work within the time required by law, or as fixed in the permit, or within such further time as may be allowed under ORS 537.230, or having completed construction work, fails or neglects to apply the water to beneficial use within the time fixed in the permit, the Water Resources Commission may cancel the permit on the records in the Water Resources Department as provided in ORS 537.410 to 537.450.

      (2) However, permits issued by the commission to irrigation districts for reclamation purposes under the irrigation district laws of this state, to municipal corporations for municipal uses or purposes or to public utilities complying with subsection (3) of this section for an energy facility granted a site certificate by the Energy Facility Siting Council, are not subject to cancellation under the provisions of ORS 537.410 to 537.450.

      (3) For a public utility to qualify under subsection (2) of this section:

      (a) The energy facility of the public utility must not be a facility required to be licensed under ORS chapter 543; and

      (b) The public utility must supply information every two years that demonstrates to the satisfaction of the commission that the conditions in the site certificate issued by the Energy Facility Siting Council contemplate the future use of the remaining portion of the water applied for in the original permit application. [Amended by 1985 c.673 §41; 1995 c.372 §1]

Notes of Decisions
Cited in 3 cases, 1969–2013 · 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). “ORS 537.410(1). If the department determines that “an appropriation has been perfected in accordance with the provisions of the Water Rights Act,” however, the department issues a certificate to the applicant/ permittee.”
Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013). “260(4) (providing that a municipality may partially perfect not less than 25 percent of the water authorized by its permit; in that case, the department shall issue a certificate only for the amount perfected); ORS 537.410 - 537.450 (providing process for cancellation of…”
Green v. Wheeler, 458 P.2d 938 (Or. 1969). “The cancellation shall have the same force and effect as cancellation of a permit in the proceedings provided for in ORS 537.410 and 537.450.” *430 Plaintiffs argue that ORS 537.”
— Or. Rev. Stat. § 537.410(1) — 1 case
Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 188 P.3d 277 (Or. 2008). “ORS 537.410(1). If the department determines that “an appropriation has been perfected in accordance with the provisions of the Water Rights Act,” however, the department issues a certificate to the applicant/ permittee.”
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