Oregon Revised Statutes

Or. Rev. Stat. § 537.455 (2026)

Definitions for ORS 537.455 to 537.500 and 540.510

✓ current as of May 2026

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537.455 Definitions for ORS 537.455 to 537.500 and 540.510. As used in ORS 537.455 to 537.500 and 540.510:

(1) “Conservation” means the reduction of the amount of water diverted to satisfy an existing beneficial use achieved either by improving the technology or method for diverting, transporting, applying or recovering the water or by implementing other approved conservation measures.

(2) “Conserved water” means that amount of water that results from conservation measures, measured as the difference between:

(a) The smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing facilities; and

(b) The amount of water needed after implementation of conservation measures to meet the beneficial use under the water right certificate. [1987 c.264 §1; 1993 c.641 §1]

Note: 537.455 to 537.500 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 2 cases, 2004–2005 · leading case: WaterWatch of Oregon, Inc. v. Water Resources Comm'n, 112 P.3d 443 (Or. Ct. App. 2005).

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WaterWatch of Oregon, Inc. v. Water Resources Comm'n, 112 P.3d 443 (Or. Ct. App. 2005). “[7] 7 Examples of “mitigation projects,” which are projects “approved by the Department that result[ ] in mitigation water,” OAR 690-505-0605(12), include the following projects described in OAE 690-505-0610(3): “(a) The allocation of conserved water provided under ORS 537.455…”

Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004). “Instream water rights may also be established as a result of the allocation of conserved water under ORS 537.455 to 537.500 and 540.510 (OAR chapter 690, division 18).”

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