2021 Oregon Revised Statutes
Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures
Section 540.641 - Protest of cancellation; procedure.


(2) If the legal owner or the occupant receiving notice as provided in ORS 540.631 files a protest against the proposed cancellation of the water right with the commission within the 60-day period prescribed in the notice, the commission shall fix a time and place for a hearing on the protest. The commission shall cause written notice of the hearing to be given at least 10 days prior to the hearing to the person protesting the cancellation of the water right and to any other person who in the opinion of the commission is an interested party to the proceeding. The hearing shall be held by the commission and shall be conducted under the provisions of ORS chapter 183 pertaining to contested cases. After the hearing the commission shall enter an order canceling the water right, canceling in part or modifying the water right, or declaring that the water right shall not be canceled or modified. [1955 c.670 §3; 1975 c.581 §26c; 1983 c.807 §3; 1985 c.673 §98]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures

Section 540.020 - Watermasters; appointment; removal; powers of Water Resources Director.

Section 540.030 - Water Resources Director; duties regarding water distribution.

Section 540.045 - Watermaster duties.

Section 540.075 - Office and equipment for watermaster.

Section 540.080 - Assistant watermasters; compensation and expenses; termination.

Section 540.100 - Division of water among users; payment.

Section 540.120 - Lien for wages and expense; notice; foreclosure.

Section 540.145 - Distribution of water; rules; applicability.

Section 540.155 - Periodic review and report regarding department program for Deschutes Basin ground water study area.

Section 540.210 - Distribution from ditch or reservoir.

Section 540.220 - Payment of assistant watermaster.

Section 540.250 - Lien, notice of intent to claim; foreclosure; attorney fees.

Section 540.260 - Lien for wages and expense; enforcement; remedy not exclusive.

Section 540.310 - Ditches and canals; headgates; measuring devices; flumes along lines of ditches.

Section 540.330 - Reservoirs; measuring devices; effect of noncompliance.

Section 540.340 - Reservoir and diversion dam; suitable outlet; effect of noncompliance.

Section 540.355 - Inspection, evaluation and assessment of hydraulic structures.

Section 540.430 - Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery.

Section 540.435 - Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order.

Section 540.443 - Definitions for ORS 540.443 to 540.491.

Section 540.446 - Dams not subject to ORS 540.443 to 540.491.

Section 540.449 - Construction plan approval; fees; rules.

Section 540.452 - Removal plan approval.

Section 540.455 - Dam inspections and analysis.

Section 540.458 - Notice for owner corrective action to address safety issues.

Section 540.461 - Plan and time frame for corrective action; hearing; proposed and final orders.

Section 540.467 - Owner action to address maintenance issues; hearing; proposed and final orders; penalty.

Section 540.473 - Application for injunction.

Section 540.479 - Dam owner responsibilities.

Section 540.482 - Emergency action plan for dam with high hazard rating.

Section 540.485 - Actual or potential dam failure.

Section 540.488 - Water Resources Commission duties and powers; rules.

Section 540.491 - Dam owner or operator liability.

Section 540.505 - Definitions.

Section 540.510 - Appurtenancy of water to premises; restrictions on change of use, place of use or point of diversion; application for transfer of primary and supplemental water rights; right to use conserved water.

Section 540.520 - Application for change of use, place of use or point of diversion; public notice; protest; hearing; exemptions.

Section 540.523 - Temporary transfer of water right or permit; terms; revocation; status of supplemental water right or permit.

Section 540.524 - Substitution of supplemental water right from ground water source for primary water right from surface water source; application; fee.

Section 540.525 - Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion.

Section 540.530 - Order authorizing change of use, place of use or point of diversion; consent to injury; new or modified certificate.

Section 540.531 - Transfer of surface water point of diversion to ground water; requirements; priority; mitigation measures; return to surface water diversion; rules.

Section 540.532 - Request for change in point of diversion to reflect historical use; requirements.

Section 540.533 - Application for exchange of water.

Section 540.537 - Order allowing exchange; order terminating exchange.

Section 540.541 - Delivery and use of water under exchange.

Section 540.560 - Order changing description of land to which water right is appurtenant; limitation; purpose; hearing; effect of final order.

Section 540.570 - Temporary transfers within districts; procedure; fee.

Section 540.572 - Application of certificated water elsewhere within district; notice.

Section 540.574 - Petition for approval of transfer.

Section 540.576 - Notice of petition; protest; user rights.

Section 540.578 - Filing of protest; hearing on proposed transfer.

Section 540.580 - Permanent transfer of place of use of water within district; requirements; procedure.

Section 540.585 - Temporary transfers within Deschutes River Basin; procedure; fee.

Section 540.587 - Report on implementation of temporary transfer provisions.

Section 540.610 - Use as measure of water right; forfeiture for nonuse; confirmation of rights of municipalities.

Section 540.641 - Protest of cancellation; procedure.

Section 540.660 - Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate; procedures for cancellation of right.

Section 540.670 - Effect of cancellation of primary water right on supplemental right; change from supplemental to primary right; priority date.

Section 540.990 - Criminal penalties.

Section 540.995 - Civil penalties.