ORS 539.360
Participation in management of Upper Klamath Basin Comprehensive Agreement


(1)

As used in this section:

(a)

“Joint management entity” means the entity that is:

(A)

Composed of the landowner entity, the Klamath Tribes, the United States and the State of Oregon; and

(B)

Responsible for overseeing the implementation of the settlement agreement.

(b)

“Landowner entity” means the entity formed by eligible landowners as provided in section 8 of the settlement agreement.

(c)

“Settlement agreement” means the Upper Klamath Basin Comprehensive Agreement dated April 18, 2014.

(2)

The Water Resources Department may participate in activities related to the joint management entity that are consistent with the terms of the settlement agreement. The activities may include, but need not be limited to:

(a)

Providing assistance in the formation of an Oregon tax-exempt nonprofit corporation to function as the joint management entity for the settlement agreement;

(b)

Drafting and giving approval of the articles of incorporation and bylaws of the corporation;

(c)

Participating as a voting member of the board of directors for the corporation; and

(d)

Participating as a member of the technical team for the corporation. [2015 c.449 §1]
Note: The Upper Klamath Basin Comprehensive Agreement terminated December 28, 2017, following a negative determination by the United States Secretary of the Interior.
Note: 539.360 (Participation in management of Upper Klamath Basin Comprehensive Agreement) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 539 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 539.360 — Participation in management of Upper Klamath Basin Comprehensive Agreement, 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
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