ORS 539.110
Hearing of contest

  • notice of
  • procedure

The Water Resources Director shall fix the time and a convenient place for hearing the contest, and shall notify the contestant and the person whose rights are contested to appear before the director or the authorized assistant of the director at the designated time and place. The date of hearing shall not be less than 30 nor more than 60 days from the date the notice is served on the parties. The notice may be served personally or by registered or certified mail, return receipt requested, addressed to the parties at their post-office addresses as stated in the statement and proof of claimant. The director may adjourn the hearing from time to time upon reasonable notice to all the parties interested; may issue subpoenas and compel the attendance of witnesses to testify, which subpoenas shall be served in the same manner as subpoenas issued out of the circuit court; may compel the witnesses so subpoenaed to testify and give evidence in the matter; and may order the taking of depositions and issue commissions therefor in the same manner as depositions are taken in the circuit court. The witnesses shall receive fees as provided in ORS 44.415 (Fees and mileage of witnesses) (2), the costs to be taxed in the same manner as are costs in suits in equity. The evidence in the proceedings shall be confined to the subjects enumerated in the notice of contest. The burden of establishing the claim shall be upon the claimant whose claim is contested. The evidence may be taken by a duly appointed reporter. [Amended by 1989 c.980 §14d; 1991 c.249 §48]

Source: Section 539.110 — Hearing of contest; notice of; procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html.

539.005
Purpose of chapter
539.010
Protection of water rights vested or initiated prior to February 24, 1909
539.015
Certification of statements of claimants
539.021
Determination by Water Resources Director of rights of claimants
539.030
Notice of investigation of stream
539.040
Notice of hearing by director
539.070
Hearing by director
539.081
Fees for registration statement or statement and proof of claim
539.090
Notice of right to inspect evidence, and of place of court hearing
539.100
Contest of claims submitted to director
539.110
Hearing of contest
539.120
Examination by director of stream and diversions in contest
539.130
Findings of fact and determination of director
539.140
Water right certificates
539.150
Court proceedings to review determination of director
539.160
Transmittal of copy of decree to department
539.170
Division of water pending hearing
539.180
Bond or irrevocable letter of credit to stay operation of director’s determination
539.190
Rehearing by circuit court
539.200
Conclusiveness of determinations as to water rights
539.210
Duty of claimants to appear and submit proof
539.220
Procedure when rights to same stream have been determined in different proceedings
539.230
Notice of need to file registration statement
539.240
Claim to undetermined right to appropriate surface water
539.300
Legislative findings
539.310
Negotiation for water rights
539.320
Agreement
539.330
Notice to persons affected by agreement
539.340
Court decree
539.350
Procedures after remand of agreement
539.360
Participation in management of Upper Klamath Basin Comprehensive Agreement
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