ORS 539.130
Findings of fact and determination of director

  • certification of proceedings
  • filing in court
  • fixing time for hearing by court
  • notice
  • force of director’s determination

(1)

As soon as practicable after the compilation of the data the Water Resources Director shall make and cause to be entered of record in the Water Resources Department findings of fact and an order of determination determining and establishing the several rights to the waters of the stream. The original evidence gathered by the director, and certified copies of the observations and measurements and maps of record, in connection with the determination, as provided for by ORS 539.120 (Examination by director of stream and diversions in contest), together with a copy of the order of determination and findings of fact of the director as they appear of record in the Water Resources Department, shall be certified to by the director and filed with the clerk of the circuit court wherein the determination is to be heard. A certified copy of the order of determination and findings shall be filed with the county clerk of every other county in which the stream or any portion of a tributary is situated.

(2)

Upon the filing of the evidence and order with the court the director shall procure an order from the court, or any judge thereof, fixing the time at which the determination shall be heard in the court, which hearing shall be at least 40 days subsequent to the date of the order. The clerk of the court shall, upon the making of the order, forthwith forward a certified copy to the department by registered mail or by certified mail with return receipt.

(3)

The department shall immediately upon receipt thereof notify by registered mail or by certified mail with return receipt each claimant or owner who has appeared in the proceeding of the time and place for hearing. Service of the notice shall be deemed complete upon depositing it in the post office as registered or certified mail, addressed to the claimant or owner at the post-office address of the claimant or owner, as set forth in the proof of the claimant or owner theretofore filed in the proceeding. Proof of service shall be made and filed with the circuit court by the department as soon as possible after mailing the notices.

(4)

The determination of the department shall be in full force and effect from the date of its entry in the records of the department, unless and until its operation shall be stayed by a stay bond as provided by ORS 539.180 (Bond or irrevocable letter of credit to stay operation of director’s determination). [Amended by 1991 c.102 §7; 1991 c.249 §49]

Source: Section 539.130 — Findings of fact and determination of director; certification of proceedings; filing in court; fixing time for hearing by court; notice; force of director’s determination, 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

§ 539.130’s source at oregon​.gov