539.010
Protection of water rights vested or initiated prior to February 24, 1909. (1) Actual application of water to
beneficial use prior to February 24, 1909, by or under authority of any
riparian proprietor or the predecessors in interest of the riparian proprietor,
shall be deemed to create in the riparian proprietor a vested right to the
extent of the actual application to beneficial use, provided such use has not
been abandoned for a continuous period of two years.
(2) Where any
riparian proprietor, or any person under authority of any riparian proprietor
or the predecessor in interest of the riparian proprietor, was, on February 24,
1909, engaged in good faith in the construction of works for the application of
water to a beneficial use, the right to take and use such water shall be deemed
vested in the riparian proprietor, provided that the works were completed and
the water devoted to a beneficial use within a reasonable time after February
24, 1909. The Water Resources Director, in the manner provided in subsection
(5) of this section, may determine the time within which the water shall be
devoted to a beneficial use. The right to water shall be limited to the
quantity actually applied to a beneficial use within the time so fixed by the
director.
(3) Nothing
contained in the Water Rights Act, as defined in ORS 537.010, shall affect
relative priorities to the use of water among parties to any decree of the
courts rendered in causes determined or pending prior to February 24, 1909.
(4) The right of
any person to take and use water may not be impaired or affected by any
provisions of the Water Rights Act, as defined in ORS 537.010, where
appropriations were initiated prior to February 24, 1909, and such
appropriators, their heirs, successors or assigns did, in good faith and in
compliance with the laws then existing, commence the construction of works for
the application of the water so appropriated to a beneficial use, and
thereafter prosecuted such work diligently and continuously to completion.
However, all such rights shall be adjudicated in the manner provided in this
chapter.
(5) The director
shall, for good cause shown upon the application of any appropriator or user of
water under an appropriation of water made prior to February 24, 1909, or in
the cases mentioned in subsections (2) and (4) of this section, where actual
construction work was commenced prior to that time or within the time provided
in law then existing, prescribe the time within which the full amount of the
water appropriated shall be applied to a beneficial use. In determining said
time the director shall grant a reasonable time after the construction of the
works or canal or ditch used for the diversion of the water, and in doing so,
the director shall take into consideration the cost of the appropriation and
application of the water to a beneficial purpose, the good faith of the
appropriator, the market for water or power to be supplied, the present demands
therefor and the income or use that may be required to provide fair and
reasonable returns upon the investment. For good cause shown the director may extend
the time.
(6) Where
appropriations of water attempted before February 24, 1909, were undertaken in
good faith, and the work of construction or improvement thereunder was in good
faith commenced and diligently prosecuted, such appropriations may not be set
aside or voided in proceedings under this chapter because of any irregularity
or insufficiency of the notice by law, or in the manner of posting, recording
or publication thereof.
(7) In any
proceeding to adjudicate water rights under this chapter, the Water Resources
Department may adjudicate federal reserved rights for the water necessary to
fulfill the primary purpose of the reservation or any federal water right not
acquired under ORS chapter 537 or ORS 540.510 to 540.530.
(8) All rights
granted or declared by the Water Rights Act, as defined in ORS 537.010, shall
be adjudicated and determined in the manner and by the tribunals provided
therein. The Water Rights Act may not be held to bestow upon any person any
riparian rights where no such rights existed prior to February 24, 1909. [Amended
by 1989 c.691 §6; 1993 c.157 §1; 2021 c.97 §65]
Notes of Decisions
Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004).
· cites it 2× “In determining the extension, the department shall give due weight to the considerations described under ORS 539.010(5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right.”
Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013).
· cites it 2× “In determining the extension, the department shall give due weight to the considerations described under ORS 539.010(5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right; “(b)…”
State Ex Rel. Cox v. Hibbard, 570 P.2d 1190 (Or. Ct. App. 1977).
· cites it 3× “iscoveries of valuable mineral deposits and to purchase them from the United States,” and further alleges that "[a]s to water rights, defendants and their predecessors in interest have a contract with the State of Oregon for the right to wash and mine the auriferous alluvials in…”
Appleton v. Oregon Iron & Steel Co., 366 P.2d 174 (Or. 1961).
· cites it 2× “ORS 539.010 (6) provides as follows: “(6) Where appropriations of water attempted before February 24, 1909, were undertaken in good faith, and the work of construction or improvement thereunder was in good faith commenced and diligently prosecuted, such appropriations shall not…”
Klamath Irrigation Dist. v. Water Resources Dept., 518 P.3d 970 (Or. Ct. App. 2022).
“Under the Act, the waters of the state belong to the public, but new water rights can be obtained only by securing a permit, certificate, or license from the state. ORS 537.130(1). Water rights that existed before the effective date of the Act were not superseded but were…”
WaterWatch of Oregon, Inc. v. Water Resources Dep't, 342 P.3d 712 (Or. Ct. App. 2014).
“In determining the extension, the department shall give due weight to the considerations described under ORS 539.010(5) and to whether other governmental requirements relating to the *192 project have significantly delayed completion of construction or perfection of the right;…”
WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020).
“” ORS 539.010. The act also provides a process for formally adjudicating existing rights, which includes circuit court review and, upon final determination of those rights, the issuance of a water right certificate—that is, “a certificate setting forth the name and post-office…”
Alexander v. Cent. Oregon Irrigation Dist., 528 P.2d 582 (Or. Ct. App. 1974).
· cites it 4× “120, ORS 539.010. See also: Fitzstephens v. Watson, 218 Or 185, 196 , 344 P2d 221 (1959); Hutchins, The Common-Law Riparian Doctrine in Oregon: Legislative and Judicial Modification, 36 Or L Rev 193 (1957).”
Buchanan v. Water Resources Comm'n (D. Or. 2023).
· cites it 2× “120; see also ORS § 539.010. Waterrights acquired before February 24, 1909, are called “undetermined vested rights.”
— Or. Rev. Stat. § 539.010(4) — 1 case
Klamath Irrigation Dist. v. Water Resources Dept., 518 P.3d 970 (Or. Ct. App. 2022).
“Under the Act, the waters of the state belong to the public, but new water rights can be obtained only by securing a permit, certificate, or license from the state. ORS 537.130(1). Water rights that existed before the effective date of the Act were not superseded but were…”
— Or. Rev. Stat. § 539.010(5) — 4 cases
Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004).
“In determining the extension, the department shall give due weight to the considerations described under ORS 539.010(5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right.”
Waterwatch of Oregon, Inc. v. Water Resources Dep't, 316 P.3d 330 (Or. Ct. App. 2013).
“In determining the extension, the department shall give due weight to the considerations described under ORS 539.010(5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right; “(b)…”
WaterWatch of Oregon, Inc. v. Water Resources Dep't, 342 P.3d 712 (Or. Ct. App. 2014).
“In determining the extension, the department shall give due weight to the considerations described under ORS 539.010(5) and to whether other governmental requirements relating to the *192 project have significantly delayed completion of construction or perfection of the right;…”
— Or. Rev. Stat. § 539.010(6) — 1 case
Appleton v. Oregon Iron & Steel Co., 366 P.2d 174 (Or. 1961).
“ORS 539.010 (6) provides as follows: “(6) Where appropriations of water attempted before February 24, 1909, were undertaken in good faith, and the work of construction or improvement thereunder was in good faith commenced and diligently prosecuted, such appropriations shall not…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.