(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. [Amended by 1991 c.102 §7; 1991 c.249 §49]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Section 539.005 - Purpose of chapter; rules.
Section 539.010 - Protection of water rights vested or initiated prior to February 24, 1909.
Section 539.040 - Notice of hearing by director.
Section 539.150 - Court proceedings to review determination of director.
Section 539.170 - Division of water pending hearing.
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.