Oregon Statutes - Chapter 540 - Distribution of Water; Watermasters; Change in Use, Transfer or Forfeiture of Water Rights - Section 540.670 - Effect of cancellation of primary water right on supplemental right; change from supplemental to primary right; priority date.

(1) The cancellation of a primary water right for nonuse under ORS 540.641 shall not also cancel a supplemental water right unless the supplemental water right also has not been used beneficially for five or more years.

(2) If the Water Resources Commission cancels a primary water right under ORS 540.641 the commission may issue a new water right certificate changing the supplemental water right to a primary right if the commission finds that the change would not result in injury to existing water rights.

(3) A supplemental right changed to a primary right under subsection (2) of this section shall retain the priority date of the supplemental right. [1987 c.339 §2]

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Last modified: August 7, 2008