WaterWatch of Oregon v. Water Resources Dept.

Summary

The Oregon Supreme Court held that the phrase “use of water under a hydroelectric water right” in ORS 543A.305(3) refers only to hydroelectric use, that periodic in‑stream leases do not toll the five‑year period, and therefore the hydroelectric water right at issue is subject to conversion to an in‑stream water right; the Court reversed the Court of Appeals and the circuit court and remanded for further proceedings.