ORS 539.100
Contest of claims submitted to director

  • notice by contestant
  • service on contestee
Any person owning any irrigation works, or claiming any interest in the stream involved in the determination shall be a party to, and bound by, the adjudication. Any party who desires to contest any of the rights of the persons who have submitted their evidence to the Water Resources Director as provided in ORS 539.021 (Determination by Water Resources Director of rights of claimants) to 539.090 (Notice of right to inspect evidence, and of place of court hearing) shall, within 15 days after the expiration of the period fixed in the notice for public inspection, or within such extension of the period, not exceeding 20 days, as the director may allow, notify the director in writing, stating with reasonable certainty the grounds of the proposed contest, which statement shall be verified by the affidavit of the contestant, the agent or attorney of the contestant. A party not claiming an undetermined vested right under this chapter or not contesting the claim of another need not participate further in the proceeding, nor be served with further notices or documents regarding the adjudication. Upon the filing of a statement of contest, service thereof shall be made by the contestant upon the contestee by mailing a copy by registered mail or by certified mail, return receipt requested, addressed to the contestee or to the authorized agent or attorney of the contestee at the post-office address of the contestee as stated in the statement and proof of claim of the contestee. Proof of service shall be made and filed with the Water Resources Department by the contestant as soon as possible after serving the copy of statement of contest. [Amended by 1989 c.691 §10; 1991 c.102 §5; 1991 c.249 §47]

Source: Section 539.100 — Contest of claims submitted to director; notice by contestant; service on contestee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html.

539.005
Purpose of chapter 539.010
Protection of water rights vested or initiated prior to February 24, 1909 539.015
Certification of statements of claimants 539.021
Determination by Water Resources Director of rights of claimants 539.030
Notice of investigation of stream 539.040
Notice of hearing by director 539.070
Hearing by director 539.081
Fees for registration statement or statement and proof of claim 539.090
Notice of right to inspect evidence, and of place of court hearing 539.100
Contest of claims submitted to director 539.110
Hearing of contest 539.120
Examination by director of stream and diversions in contest 539.130
Findings of fact and determination of director 539.140
Water right certificates 539.150
Court proceedings to review determination of director 539.160
Transmittal of copy of decree to department 539.170
Division of water pending hearing 539.180
Bond or irrevocable letter of credit to stay operation of director’s determination 539.190
Rehearing by circuit court 539.200
Conclusiveness of determinations as to water rights 539.210
Duty of claimants to appear and submit proof 539.220
Procedure when rights to same stream have been determined in different proceedings 539.230
Notice of need to file registration statement 539.240
Claim to undetermined right to appropriate surface water 539.300
Legislative findings 539.310
Negotiation for water rights 539.320
Agreement 539.330
Notice to persons affected by agreement 539.340
Court decree 539.350
Procedures after remand of agreement 539.360
Participation in management of Upper Klamath Basin Comprehensive Agreement
Green check means up to date. Up to date

Current through early 2024

§ 539.100’s source at oregon​.gov