Chapter 539 Determination of Water Rights Initiated Before February 24, 1909; Determination of Water Rights of Federally Recognized Indian Tribes

Purpose of chapter; rules

Protection of water rights vested or initiated prior to February 24, 1909

Certification of statements of claimants; oaths

Determination by Water Resources Director of rights of claimants; transfer of action to director

Notice of investigation of stream

Notice of hearing by director

Hearing by director; adjournments

Fees for registration statement or statement and proof of claim; exemption; disposition

Notice of right to inspect evidence, and of place of court hearing

Contest of claims submitted to director; notice by contestant; service on contestee

Hearing of contest; notice of; procedure

Examination by director of stream and diversions in contest; record; map

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

Water right certificates

Court proceedings to review determination of director

Transmittal of copy of decree to department; instructions to watermasters

Division of water pending hearing

Bond or irrevocable letter of credit to stay operation of director’s determination; notice to watermaster

Rehearing by circuit court

Conclusiveness of determinations as to water rights

Duty of claimants to appear and submit proof; nonappearance as forfeiture; intervention in proceedings

Procedure when rights to same stream have been determined in different proceedings

Notice of need to file registration statement; publication requirements; additional methods of providing notice

Claim to undetermined right to appropriate surface water; registration statement; contents; effect of failure to file; recognizing changes to right; rules

Legislative findings

Negotiation for water rights

Agreement; submission to court

Notice to persons affected by agreement

Court decree; effective date of agreement; remand

Procedures after remand of agreement

Participation in management of Upper Klamath Basin Comprehensive Agreement