2017 ORS 539.021¹
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)]

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)

Law Review Cita­tions

28 WLR 285 (1992)

1 Legislative Counsel Committee, CHAPTER 539—Rights of Federally Recognized Indian Tribes Determination of Water Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors539.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 539, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano539.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.