2021 Oregon Revised Statutes
Chapter 539 - Chapter 539. Determination of Water Rights Initiated Before February 24, 1909; Determination of Water Rights of Federally Recognized Indian Tribes
Section 539.040 - Notice of hearing by director.


(2) The director shall also send by registered mail or by certified mail with return receipt to each claimant or owner who filed with the director a registration statement as provided in ORS 539.240 and to the Attorney General of the United States or the designated representative of the Attorney General of the United States, on behalf of the United States and its agencies and as trustee for the Indian tribes, a notice similar to that provided in subsection (1) of this section setting forth the date when the director or the authorized assistant of the director will take testimony as to the rights to the use of the water of the stream. The notice must be mailed at least 30 days prior to the date set therein for taking testimony.
(3)(a) For purposes of the Klamath Basin adjudication, the Water Resources Department will provide notice, substantially like that specified in subsection (2) of this section, to claimants or owners who desire to claim a water right under this chapter, or to contest the claims of others, and have so notified the director. The notice shall be accompanied by a blank form on which the claimant or owner shall present in writing all of the particulars necessary for determination of the right of the claimant or owner to contest the claims of others or to the use of the waters of a stream to which the claimant or owner lays claim. That form shall require substantially the same information required in a registration statement, as provided in ORS 539.240 (2), except that the map need not be prepared by a certified water right examiner, as required by ORS 539.240 (2)(d).
(b) In the already adjudicated areas of the Klamath Basin, the notice provided to holders of permitted or certificated surface water rights acquired under ORS chapter 537 will specify that they may contest the statement and proof of claims of others made under this chapter, but only in the unadjudicated areas of the Klamath Basin. [Amended by 1955 c.669 §2; 1987 c.541 §9; 1989 c.691 §7; 1991 c.249 §45; 1993 c.157 §2; 2013 c.1 §77]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

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

Section 539.005 - Purpose of chapter; rules.

Section 539.010 - Protection of water rights vested or initiated prior to February 24, 1909.

Section 539.021 - Determination by Water Resources Director of rights of claimants; transfer of action to director.

Section 539.040 - Notice of hearing by director.

Section 539.081 - Fees for registration statement or statement and proof of claim; exemption; disposition.

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.

Section 539.150 - Court proceedings to review determination of director.

Section 539.170 - Division of water pending hearing.

Section 539.230 - Notice of need to file registration statement; publication requirements; additional methods of providing notice.

Section 539.240 - Claim to undetermined right to appropriate surface water; registration statement; contents; effect of failure to file; recognizing changes to right; rules.

Section 539.310 - Negotiation for water rights.

Section 539.330 - Notice to persons affected by agreement.

Section 539.340 - Court decree; effective date of agreement; remand.

Section 539.350 - Procedures after remand of agreement.

Section 539.360 - Participation in management of Upper Klamath Basin Comprehensive Agreement.