ORS 539.110
Hearing of contest

  • notice of
  • procedure
The Water Resources Director shall fix the time and a convenient place for hearing the contest, and shall notify the contestant and the person whose rights are contested to appear before the director or the authorized assistant of the director at the designated time and place. The date of hearing shall not be less than 30 nor more than 60 days from the date the notice is served on the parties. The notice may be served personally or by registered or certified mail, return receipt requested, addressed to the parties at their post-office addresses as stated in the statement and proof of claimant. The director may adjourn the hearing from time to time upon reasonable notice to all the parties interested; may issue subpoenas and compel the attendance of witnesses to testify, which subpoenas shall be served in the same manner as subpoenas issued out of the circuit court; may compel the witnesses so subpoenaed to testify and give evidence in the matter; and may order the taking of depositions and issue commissions therefor in the same manner as depositions are taken in the circuit court. The witnesses shall receive fees as provided in ORS 44.415 (Fees and mileage of witnesses) (2), the costs to be taxed in the same manner as are costs in suits in equity. The evidence in the proceedings shall be confined to the subjects enumerated in the notice of contest. The burden of establishing the claim shall be upon the claimant whose claim is contested. The evidence may be taken by a duly appointed reporter. [Amended by 1989 c.980 §14d; 1991 c.249 §48]

Source: Section 539.110 — Hearing of contest; notice of; procedure, 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

§ 539.110’s source at oregon​.gov