ORS 539.021
Determination by Water Resources Director of rights of claimants

  • transfer of action to director

(1)

The Water Resources Director upon the motion of the director or, in the discretion of the director, upon receipt of a petition from one or more appropriators of surface water from any natural watercourse in this state shall make a determination of the relative rights of the various claimants to the waters of that watercourse.

(2)

If an action is brought in the circuit court for determination of rights to the use of water, the case may, in the discretion of the court, be transferred to the director for determination as provided in this chapter. [1987 c.541 §2 (enacted in lieu of 539.020)]

Source: Section 539.021 — Determination by Water Resources Director of rights of claimants; transfer of action to director, https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html.

See also annotations under ORS 539.020 in permanent edition.

Notes of Decisions

Under former similar statute (ORS 539.020)

Under this section, Water Resources Director must, after investigation, additionally decide that facts and conditions justify making determination of water rights. U.S. v. Adair, 723 F2d 1394 (1983)

In general

Oregon water right determination procedure is suit within meaning of McCarran Amendment waiver of sovereign immunity for United States and Indian tribes. U.S. v. State of Oregon Water Resources Dept., 44 F3d 758 (9th Cir. 1994)

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
Green check means up to date. Up to date

Current through early 2024

§ 539.021’s source at oregon​.gov