Exemption from forfeiture
If a district, as defined in ORS 540.505 (Definitions), petitions for a transfer as provided in ORS 540.574 (Petition for approval of transfer) no later than the end of the calendar year of the fifth year of nonuse under ORS 540.610 (Use as measure of water right) (1), the forfeiture provisions of ORS 540.610 (Use as measure of water right) shall not apply to the lands from which the water right is sought to be transferred pending approval of the district’s petition. The time required for the processing of the petition, including any time required for hearings, appeals and completion of an authorized change, shall not be included when computing a five-year period of nonuse under the provisions of ORS 540.610 (Use as measure of water right) (1). [1991 c.957 §11]
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