ORS 539.340
Court decree

  • effective date of agreement
  • remand

(1)

An agreement negotiated under ORS 539.310 (Negotiation for water rights) to 539.330 (Notice to persons affected by agreement) 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 (Legislative findings) to 539.350 (Procedures after remand of agreement), if desired by the parties to the agreement. [1987 c.81 §6; 1997 c.708 §1]

Source: Section 539.340 — Court decree; effective date of agreement; remand, 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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