Oregon Revised Statutes Chapter 541 § 541.327 — (4), the map must be submitted in an electronic format meeting the
Oregon Revised Statutes Chapter 541 ·
Oregon Code § 541.327·Enacted ·Last updated March 01, 2026
Statute Text
(4), the map must be submitted in an electronic format meeting the
standards set by the department. The petition and map may not expand a water
right of the district or its users beyond the total right of record of the
district. If the district has met the requirements of ORS 541.325 to 541.331
and after the opportunity for hearing under ORS 541.331, the commission shall
instruct the director to issue a new certificate to the district listing the
requested locations and uses and retaining the original priority date. If the
commission denies the petition, the commission shall hold a hearing on the
denial. Notice and conduct of the hearing shall be under the provisions of ORS
chapter 183 pertaining to contested cases. The hearing shall be conducted in
the area where the right is located unless the parties and the persons who file
the protest under this section stipulate otherwise.
(2) The petition
required under subsection (1) of this section shall be submitted on or before
July 1, 1994, or before June 30, 2010, for a district notifying the department
under ORS 541.327 (4), and shall include:
(a) The name of
the district and the certificate number of each water right contained in the
petition.
(b) The names of
all users within the district whose lands are included in the petition.
(c) A general
description of the district boundaries.
(d) A general
description of the users land and all water rights per each parcel affected by
the petition and the map. If the water right is on a tract of land of five
acres or less, a notation of the acres of water right on the assessors tax map
shall be sufficient for identification of the place of use and the extent of
use.
(e) A description
of the use that is proposed to be made of the water on each parcel.
(f) An
affirmation by the petitioner that the map and petition are accurate to the
best of the petitioners knowledge.
(3) A petition
submitted under this section shall contain no more acres of land than the least
of the following:
(a) The number of
acres assessed by the district as of July 1, 1989;
(b) The number of
acres assessed by the district as of July 1, 1993; or
(c) If a district
notifies the department under ORS 541.327 (4), the number of acres assessed by
the district as of December 31, 2003.
(4) Before
submitting a petition under subsection (2) of this section, the district shall
send a notice to the user of every parcel whose right of record is to be
altered, as evidenced by the districts records. This notice shall be sent to
the last-known address for the user with a return receipt requested. The notice
shall include the number of acre-feet of water or its equivalent, for which the
user is being assessed, a general description or tax lot of the land to which
the water is assigned, a description of the use and a request for confirmation
that the information in the notice is correct. Thirty days after the notice is
mailed, the district shall prepare a petition and map as described in subsections
(1) and (2) of this section. Payment for water by the user or the users
predecessor for a period of five years before the petition shall create a
rebuttable presumption that the number of acres billed and paid by the user or
the users predecessor is equal to the users water right.
(5) Within 30
days after the commission issues a proposed order regarding the petition, the
district shall send notice to the users of the district whose right of record
is to be altered by the proposed order. This notice shall be sent to the
last-known address of the user with a return receipt requested. The notice
shall include the number of acres of land, or its equivalent, for which the
user is being assessed, a general description or tax lot number of the land to
which the water is assigned and a description of the use. In addition to the
notice of the proposed order that the district sends to the users, the district
shall publish at the same time notice in a newspaper having general circulation
in the area in which the water rights are located for a period of at least two
weeks. Not less than one publication in each week shall be made. The notice
shall state:
(a) The number of
acres of water right that each parcel shall receive and the associated priority
dates;
(b) That the proposed
map and order are available for inspection at the office of the district during
normal business hours for a period of 60 days from the date of first
publication;
(c) That not less
than 60 days after the date of first publication, the commission shall approve
the petition and map and issue a final order unless a protest is filed or the
petition does not meet the requirements of subsections (1) and (2) of this section;
and
(d) That the user
has the right to protest the proposed order and map as described in ORS
541.331.
(6) If the
commission returns a petition or map to a district for correction, the
commission may prescribe a deadline
Plain English Explanation
This Oregon statute addresses (4), the map must be submitted in an electronic format meeting the
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 541.327
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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