Oregon Revised Statutes Chapter 539 § 539.081 — with a timely registration statement
Oregon Revised Statutes Chapter 539 ·
Oregon Code § 539.081·Enacted ·Last updated March 01, 2026
Statute Text
with a timely registration statement.
(5) The director
shall accept for filing all registration statements described in subsections
(1) and (4) of this section made in proper form when the statements are
accompanied by the fees prescribed in ORS 539.081. The director shall indorse
the date of receipt on each registration statement.
(6) The director
shall examine each registration statement to insure that the statement is
complete and in proper form. If the director determines the information
required under subsection (2) of this section is complete and in proper form,
the director shall:
(a) Enter the
indorsed statement in the record of the department;
(b) Mail a copy
of the indorsed statement to the person filing the registration statement; and
(c) Include the
person or the properly designated assignee of the person in any further
proceeding to adjudicate the water rights represented by the indorsed
registration statement.
(7) Upon entry of
the indorsed statement in the departments records, the registrant is entitled
to continue to appropriate the surface water and apply it to beneficial use to
the extent and in the manner disclosed in the recorded registration statement.
However, the registrant shall not be entitled to the benefits of an existing
water right of record under ORS 540.045.
(8) No
registration statement recorded under this section shall be construed as a
final determination of any matter stated therein, nor shall the act of
indorsement by the director constitute a determination of the validity of the
matters contained in the registration statement. The right of the registrant to
appropriate surface water under a recorded registration statement is subject to
determination under ORS 539.010 to 539.240, and is not final or conclusive
until so determined. A right to appropriate surface water under a recorded
registration statement has a tentative priority from the date claimed in the
indorsed registration statement.
(9) Any indorsed
registration statement may be assigned, subject to the conditions in the
registration statement, but no such assignment will be binding, except upon the
parties to the assignment, unless filed with the department.
(10)
Notwithstanding the filing deadline prescribed under subsection (1) of this
section, and the late filing period allowed under subsection (4) of this
section, if any person submitted, before December 31, 1994, a registration
statement or other similar documentation claiming a right to appropriate
surface water under ORS 539.010, the director shall examine the material
submitted to determine if the documents filed would substantially comply with
the requirements of subsection (2) of this section. If the director determines
that the documents substantially comply with the surface water registration
filing requirements of subsection (2) of this section, the director may accept
the registration. If the director determines that the documents filed under this
subsection are incomplete or if additional information is required to comply
with subsection (2) of this section, or fees required under ORS 539.081 have
not been submitted, the director shall notify the claimant of the deficiency,
setting a date certain for submittal of the information or fees. The time for
submittal of additional information or fees shall be not less than 30 days nor
more than 180 days after the director notifies the claimant of the deficiency.
If the additional information or fees are not submitted on or before the date
certain, the registration statement shall be considered void and shall be
returned to the claimant.
(11) The director
shall adopt by rule a process and standards for recognizing changes in the
place of use, type of use or point of diversion of water uses registered
pursuant to this section. [1987 c.541 §5; 1989 c.691 §14; 1993 c.157 §4; 1995
c.365 §7; 1999 c.860 §1]
WATER RIGHTS OF
FEDERALLY RECOGNIZED INDIAN TRIBES
Plain English Explanation
This Oregon statute addresses with a timely registration statement. AI-powered analysis coming soon.
Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 539.081
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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