TPC, LLC v. Water Resources Dept.

ORS chapter 539 vests exclusive subject matter jurisdiction for a stream adjudication to a particular circuit court once the stream adjudication process under that chapter is initiated.

The Oregon Water Resources Department (OWRD) appealed a summary judgment which concluded that OWRD were subject to a provision in the Hyde Agreement. On appeal, OWRD argued that they were not bound by the Hyde Agreement, and that the lower court lacked subject matter jurisdiction over the petitioners’ claim because ORS chapter 539 provides that exclusive jurisdiction for the asserted claim rests in the jurisdiction where the adjudication order was being litigated at by the parties. In response, Petitioners argued that the Hyde Agreement was a rotation agreement for the distribution of water that the watermaster had to follow, and that OWRD agreed in writing to not enforce a call for water against the Petitioners. ORS chapter 539 vests exclusive subject matter jurisdiction for a stream adjudication to a particular circuit court once the stream adjudication process under that chapter is initiated. Because the Petitioners sought the same remedies to place limitations on the determined water rights through an injunction against OWRD from enforcing those water right claim which were within the exclusive jurisdiction of Klamath County Circuit Court, the Court held that Marion County Circuit Court lacked subject matter jurisdiction. Reversed and remanded.