Oregon Code § 539.040·Enacted ·Last updated March 01, 2026
Statute Text
Notice
of hearing by director.
(1) As soon as practicable after the examination and measurements are
completed, as described in ORS 539.120, the Water Resources Director shall
prepare a notice setting forth a place and time certain when the director or
the authorized assistant of the director shall begin taking testimony as to the
rights of the various claimants to the use of the waters of the stream or its
tributaries. The notice shall be published in two issues of one or more
newspapers having general circulation in the counties in which the stream is
situated, the last publication of the notice to be at least 30 days prior to
the beginning of taking testimony by the director or the authorized assistant
of the director.
(2) The director
shall also send by registered mail or by certified mail with return receipt to
each claimant or owner who filed with the director a registration statement as
provided in ORS 539.240 and to the Attorney General of the United States or the
designated representative of the Attorney General of the United States, on
behalf of the United States and its agencies and as trustee for the Indian
tribes, a notice similar to that provided in subsection (1) of this section
setting forth the date when the director or the authorized assistant of the
director will take testimony as to the rights to the use of the water of the
stream. The notice must be mailed at least 30 days prior to the date set
therein for taking testimony.
(3)(a) For
purposes of the Klamath Basin adjudication, the Water Resources Department will
provide notice, substantially like that specified in subsection (2) of this
section, to claimants or owners who desire to claim a water right under this
chapter, or to contest the claims of others, and have so notified the director.
The notice shall be accompanied by a blank form on which the claimant or owner
shall present in writing all of the particulars necessary for determination of
the right of the claimant or owner to contest the claims of others or to the
use of the waters of a stream to which the claimant or owner lays claim. That
form shall require substantially the same information required in a
registration statement, as provided in ORS 539.240 (2), except that the map
need not be prepared by a certified water right examiner, as required by ORS
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 539.040
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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