ORS 539.210
Duty of claimants to appear and submit proof

  • nonappearance as forfeiture
  • intervention in proceedings
Whenever proceedings are instituted for determination of rights to the use of any water, it shall be the duty of all claimants interested therein to appear and submit proof of their respective claims, at the time and in the manner required by law. Any claimant who fails to appear in the proceedings and submit proof of the claims of the claimant shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream or other body of water embraced in the proceedings, and shall be held to have forfeited all rights to the use of the water theretofore claimed by the claimant. Any person interested in the water of any stream upon whom no service of notice has been had of the pendency of proceedings for determination of the rights to the use of water of the stream, and who has had no actual knowledge or notice of the pendency of the proceedings may, at any time prior to the expiration of one year after entry of the determination of the Water Resources Director, file a petition to intervene in the proceedings. The petition shall contain, among other things, all matters required by this chapter of claimants who have been duly served with notice of the proceedings, and also a statement that the intervenor had no actual knowledge or notice of the pendency of the proceedings. Upon the filing of the petition in intervention, the petitioner shall be allowed to intervene upon such terms as may be equitable and thereafter shall have all rights vouchsafed by this chapter to claimants who have been duly served.

Source: Section 539.210 — Duty of claimants to appear and submit proof; nonappearance as forfeiture; intervention in proceedings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors539.­html.

Notes of Decisions

“Claimant” means person who claims legal title to water right, not person who asserts equitable or beneficial interest in another person’s water right. Klamath Irrigation District v. United States, 348 Or 15, 227 P3d 1145 (2010)

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

§ 539.210’s source at oregon​.gov