Oregon Revised Statutes Chapter 539 § 539.130 — Findings of fact and determination of director; certification of proceedings;
Oregon Revised Statutes Chapter 539 ·
Oregon Code § 539.130·Enacted ·Last updated March 01, 2026
Statute Text
Findings of fact and determination of director; certification of proceedings;
filing in court; fixing time for hearing by court; notice; force of directors
determination.
(1)
As soon as practicable after the compilation of the data the Water Resources
Director shall make and cause to be entered of record in the Water Resources
Department findings of fact and an order of determination determining and
establishing the several rights to the waters of the stream. The original
evidence gathered by the director, and certified copies of the observations and
measurements and maps of record, in connection with the determination, as
provided for by ORS 539.120, together with a copy of the order of determination
and findings of fact of the director as they appear of record in the Water
Resources Department, shall be certified to by the director and filed with the
clerk of the circuit court wherein the determination is to be heard. A certified
copy of the order of determination and findings shall be filed with the county
clerk of every other county in which the stream or any portion of a tributary
is situated.
(2) Upon the
filing of the evidence and order with the court the director shall procure an
order from the court, or any judge thereof, fixing the time at which the
determination shall be heard in the court, which hearing shall be at least 40
days subsequent to the date of the order. The clerk of the court shall, upon
the making of the order, forthwith forward a certified copy to the department
by registered mail or by certified mail with return receipt.
(3) The
department shall immediately upon receipt thereof notify by registered mail or
by certified mail with return receipt each claimant or owner who has appeared
in the proceeding of the time and place for hearing. Service of the notice
shall be deemed complete upon depositing it in the post office as registered or
certified mail, addressed to the claimant or owner at the post-office address
of the claimant or owner, as set forth in the proof of the claimant or owner
theretofore filed in the proceeding. Proof of service shall be made and filed
with the circuit court by the department as soon as possible after mailing the
notices.
(4) The
determination of the department shall be in full force and effect from the date
of its entry in the records of the department, unless and until its operation
shall be stayed by a stay bond as provided by ORS 539.180. [Amended by 1991
c.102 §7; 1991 c.249 §49]
Plain English Explanation
This Oregon statute addresses Findings of fact and determination of director; certification of proceedings;
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 539.130
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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