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


(a) If for irrigation use, $2.70 for each acre of irrigated lands up to 100 acres and $1.40 for each acre in excess of 100 acres. The minimum fee for any owner or registrant for irrigation use shall be $140.
(b) If for power use, $2.70 for each theoretical horsepower up to 100 horsepower, $1.10 for each horsepower in excess of 100 up to 500 horsepower, 70 cents for each horsepower in excess of 500 horsepower up to 1,000 horsepower and 50 cents for each horsepower in excess of 1,000 horsepower, as set forth in the proof. The minimum fee for any owner or registrant for power use shall be $410.
(c) If for mining or any other use, $680 for the first second-foot or fraction of the first second-foot and $140 for each additional second-foot.
(2) The fees under subsection (1) of this section shall not apply to any federally recognized Indian tribe, or to the United States acting as trustee for such a tribe, claiming, under ORS 539.010, an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted in-stream use to satisfy tribal hunting, fishing or gathering rights.
(3) If the registration statement shows that the water right was initiated by making application for a permit under the provisions of ORS chapter 537, the owner or registrant shall be given credit for the money paid as examination and recording fees. A credit under this subsection shall be allowed only if the application under ORS chapter 537 was for a permit to appropriate water to be applied to the same parcel of land or for the same use as set forth in the registration statement.
(4) All fees paid under this section shall be deposited into the General Fund of the State Treasury and credited to an account of the Water Resources Department. The fees shall be used to pay for the expenses of the department to:
(a) Register claims to undetermined vested rights or federal reserved rights under ORS 539.230 and 539.240; and
(b) Determine claims filed or registered under ORS 539.230 and 539.240.
(5) No registration statement or statement and proof of claim shall be accepted for filing unless the registration statement or claim is accompanied by the fee in the amount set forth in this section. If the federal government is determined to be immune from the payment of such fees, the director may elect to accept a federal claim for filing without the accompanying fees. [1987 c.541 §7 (enacted in lieu of 539.080); 1989 c.691 §8; 1993 c.157 §3; 1993 c.535 §1; 2013 c.644 §§11,12; 2017 c.571 §§9,10; 2021 c.515 §5]

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.