OAR 690-028-0075
Filing Contests of Claims of Others
(1)
After all claims, documentation and supporting materials have been filed the Director shall schedule an open inspection period. All parties shall receive notice as provided in ORS 539.090 (Notice of right to inspect evidence, and of place of court hearing) of the times to inspect the claims and evidence. All contests of claims shall be filed in accordance with the requirements of OAR 690, division 30 within 15 days of the closing date for public inspection. The Director may extend this time by 20 days if requested by a party to the proceeding showing good reason for the extension.(2)
A person who does not claim a pre-1909 vested right but has interest in a stream by holding a valid water right period or certificate may enter the proceeding solely for contesting claims made by others pursuant to OAR 690-030.(3)
Contestants shall state with reasonable certainty the ground for the contest. Reasons for contest include, but are not limited to:(a)
Claiming a wrong priority date;(b)
Claiming a wrong quantity of water;(c)
Claiming a wrong area of use;(d)
Claiming a use started after February 24, 1909, except on federal reserved rights or spring registration;(e)
Claiming a use that had been forfeited by five or more consecutive years of non-use less than fifteen years previously; and(f)
Claiming a use that has been intentionally abandoned.(4)
The contestant shall serve notice on contestee by certified mail with return receipt and shall submit proof of service to the Director. The Director shall set a date for hearing if the parties involved cannot settle the contest by stipulation as provided in OAR 690-030.
Source:
Rule 690-028-0075 — Filing Contests of Claims of Others, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-028-0075.