Oregon Law
Law as of Jan 1, 2024
Chapter contents
539.005Purpose of chapter; rules 539.010Protection of water rights vested or initiated prior to February 24, 1909 539.015Certification of statements of claimants; oaths 539.020[Repealed by 1987 c.541 §1 (539.021 enacted in lieu of 539.020)] 539.021Determination by Water Resources Director of rights of claimants; transfer of action to director 539.030Notice of investigation of stream 539.040Notice of hearing by director 539.050[Amended by 1955 c.669 §3; repealed by 1987 c.541 §10] 539.060[Repealed by 1987 c.541 §10] 539.070Hearing by director; adjournments 539.080[Amended by 1971 c.621 §37; 1975 c.607 §40; 1979 c.67 §3; 1981 c.627 §2; 1983 c.256 §2; repealed by 1987 c.541 §6 (539.081 enacted in lieu of 539.080)] 539.081Fees for registration statement or statement and proof of claim; exemption; disposition 539.090Notice of right to inspect evidence, and of place of court hearing 539.100Contest of claims submitted to director; notice by contestant; service on contestee 539.110Hearing of contest; notice of; procedure 539.120Examination by director of stream and diversions in contest; record; map 539.130Findings of fact and determination of director; certification of proceedings; filing in court; fixing time for hearing by court; notice; force of director’s determination 539.140Water right certificates 539.150Court proceedings to review determination of director 539.160Transmittal of copy of decree to department; instructions to watermasters 539.170Division of water pending hearing 539.180Bond or irrevocable letter of credit to stay operation of director’s determination; notice to watermaster 539.190Rehearing by circuit court 539.200Conclusiveness of determinations as to water rights 539.210Duty of claimants to appear and submit proof; nonappearance as forfeiture; intervention in proceedings 539.220Procedure when rights to same stream have been determined in different proceedings 539.230Notice of need to file registration statement; publication requirements; additional methods of providing notice 539.240Claim to undetermined right to appropriate surface water; registration statement; contents; effect of failure to file; recognizing changes to right; rules 539.300Legislative findings 539.310Negotiation for water rights 539.320Agreement; submission to court 539.330Notice to persons affected by agreement 539.340Court decree; effective date of agreement; remand 539.350Procedures after remand of agreement 539.360Participation in management of Upper Klamath Basin Comprehensive Agreement

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

ORS 539.340 Court decree; effective date of agreement; remand

(1)

An agreement negotiated under ORS 539.310 to 539.330 shall not be effective unless and until incorporated in a final court decree, after the court has provided an opportunity for an owner of a water right certificate or permit that may be affected by the agreement or for a claimant in an adjudication that may be affected by the agreement to submit an exception to the agreement.

(2)

If the court does not sustain an exception, the court shall issue a final decree incorporating the agreement as submitted without alteration.

(3)

If the court sustains an exception to the agreement, the court shall remand the agreement to the Water Resources Director for further negotiation according to the provisions of ORS 539.300 to 539.350, if desired by the parties to the agreement.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.