WaterWatch of Oregon v. Water Resources Department

Under ORS 543A.305(8), “’use under a hydroelectric water right’ is not limited to the use of water for hydroelectric purposes but encompasses other beneficial uses authorized by a hydroelectric water right, including in-stream use under a lease of that right.”

Petitioner appealed a denial of their petition that sought judicial review of the actions of Oregon’s Water Resources Department and the water rights for Rock Creek. Petitioner assigned error to the ruling by the circuit on the cross-motions for summary judgment and argued that the phrasing in ORS 543(A).305(3), “the use of water under a hydroelectric water right ceases,” should be interpreted as “once the water is no longer being used to generate power.” Petitioner further contends that due to this wording there should be no subsequent lease as the water rights in contention should become “in-stream water rights for the public trust” under ORS 543(A).305(3). Respondent argued that the wording “use of water” should be understood to mean “’beneficial use of ‘water to include in-stream use of water under a lease.” The court found that both legislative history and principles of statutory interpretation support the respondent’s argument. Affirmed.