justicedao/ipfs_state_laws huggingface dataset:
690-028-0028 Fees and Late Registration or Claims (1) Minimum fees required by ORS 539.081 shall be paid at the time a registration or claim is submitted. Persons filing after December 31, 1992, shall pay one and one-half times the fees required for a timely filing. (2) A person filing for practicably irrigable acreage or for other federal reserved rights may request additional time to provide support materials. The request for additional time shall state when interim data will be available and when the final claim is to be made. The Director may approve a time extension based on the progress of the general stream adjudication in question. The final claim shall detail the exact acreages or quantities of water for which the claim is being made. All fees shall be paid at the time the exact quantity of water is requested. Persons are encouraged to file early on practicably irrigable acreage and instream water rights so the Department can aid in determining how to obtain additional supporting documentation. (3) Fees for instream water rights shall be based on the month of the year having the highest quantity of water requested for the stream reach. (4) Fees shall not apply to any federally recognized Indian tribe, or to the United States acting as trustee for such a tribe, claiming an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted instream use to satisfy tribal hunting, fishing, or gathering rights. (5) After December 31, 1992, a petition filed for late registration shall include a sworn statement detailing the good cause for failing to file the registration on time. The petition shall include a brief summary of the claim to be filed. The Director shall decide each case on its own merits. (6) For purposes of ORS 539.240(4), good cause for not filing a registration statement by December 31, 1992, includes, but is not limited to that: (a) Recent acquisition of lands made filing by the deadline impracticable; or (b) Other circumstances made filing on time impossible. (7) To rebut the presumption that a person has abandoned a claim because of a late filing a person must: (a) Show there has been a continuous use of water from before February 24, 1909; (b) State the registration is for a future use of a federal reserved right; or (c) Claim an exemption based on economic hardship as allowed under OAR 690-017-0800. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90
690-028-0040 Standards to Evaluate Claims (1) Each claim or registration statement for existing beneficial uses shall be compared to all information submitted for consistency regarding settlement of the area and general development of projects. The burden of proof to establish a claim by a preponderance of relevant evidence rests on the claimant. (2) Lands identified as practicably irrigable acreage shall be evaluated based on the physical characteristics as they compare to lands commonly identified with growing a particular crop. The Department may consult with federal or state agricultural agencies, or any other person with appropriate expertise to verify factors for determining arable lands. (3) For any river basin or subbasin the Director may propose rates and duties of water to be allowed per acre of irrigated lands and of practicably irrigable acreage. The Director may schedule a public hearing to accept information and testimony about the appropriateness of those limitations. (4) The Director may propose rates and duties for watering stock from streams, for lands that are naturally flooded, or for other beneficial uses as appropriate. The Director may schedule a public hearing to accept information and testimony about the appropriateness of those limitations. (5) Instream flow requirements shall be based on hydrological estimates or gaging data that can be obtained for the particular stream reach. The Department shall prepare an estimate of natural flows that would be available in the stream reach. The water availability estimate shall account for current usage of the water resource. The Director may require additional documentation of instream flow requirements if the claim is greater than the estimated average natural flow or level for the stream reach. If the physical conditions of a waterway have changed since the reservation lands were established then the Department may consult with federal or state fisheries agencies, or any other person with appropriate expertise to aid in determining natural flows necessary to maintain the primary purpose or purposes of the reservation. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90 WRD 22-1988, f. & cert. ef. 12-14-88
690-028-0045 Reasonable Diligence (1) The complete beneficial use of all the water for a proposed purpose does not have to be made in its entirety prior to February 24, 1909, to claim a vested water right. All persons, including persons who acquire formerly reserved land shall be allowed to develop their claim with reasonable diligence. (2) Reasonable diligence in the construction of the system of works necessary to fully accomplish appropriation of the water does not require unusual or extraordinary effort. Reasonable diligence is that which is usual and ordinary with persons performing similar projects. The water user must demonstrate a genuine intent to complete the appropriation in a timely manner. The question is one of fact, to be determined from the circumstances on case-by-case basis. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90 WRD 22-1988, f. & cert. ef. 12-14-88
690-028-0055 Amendments to Registration Orders (1) When any amendment in ownership, point of diversion, place of use, or type of use is necessary within a right defined by a registration statement then the amendment shall be submitted in writing to the Department. The request shall include documentation that the water has been used over the past five years in accordance with the terms and conditions of the registration. The request shall state the reasons for the change. (2) When any change in point of diversion, place of use, or type of use is received by the Department a notice of the change shall be published in the Department’s public notice of applications. (3) The Director shall review each amendment to determine that the change will not result in injury to other water rights holders, or a net loss of water available to downstream users or an expansion of the right under the original registration. (4) The Director may accept the amendment to the registration statement and include it as part of the records of the Department. No amendment to a registration shall be construed as final or conclusive until it is determined under an adjudication proceeding under ORS 539.010 to 539.240. (5) When lands are sold a registration is to be assigned in whole or in part from an Indian reserved right of practicably irrigable acreage to a non-Indian, the assignment must be filed with the Department. The Director shall cancel the initial order for the federal reserved right and issue an order confirming an inchoate right for the undeveloped uses. The inchoate right shall be put to full beneficial use within five years of issuance of the order unless an extension is granted by the Director. The Director shall also issue a remaining right order for the part of the federal reserved right not assigned. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90
690-028-0060 Beginning the Adjudication Process (1) Any water right holder may petition the Director to begin a general stream adjudication. The petitioner may be a registrant or the holder of a right to appropriate water from the subject stream system. The petition may be signed by more than one registrant or permitted or certificated water right owner. (2) At the start of a general stream adjudication the Director shall send in person, or by registered or certified return receipt mail to each claimant and all holders of permitted or certificated water rights on the stream the notice required by ORS 539.030. The Director shall include a form for any party to file who wishes to be included in the adjudication solely to contest the claims of others. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90
690-028-0065 Time for Filing Claims and Documentation The notice of taking of testimony issued by the Director pursuant to ORS 539.040 shall state: (1) All claimants shall file a statement and proof of claim, including persons who have already filed a registration statement. The claim shall contain the same information as required under OAR 690-028-0025, 690-028-0026, or 690-028-0027 as appropriate. If the claimant agreed with data collected and mapped by the Department or if the map submitted with the original registration is still valid, then an additional map is not required. For purposes of the Klamath Basin adjudication a person may submit an updated map prepared by a certified water right examiner, or a registered engineer or surveyor. (2) Any person who does not file a registration statement within the time required by ORS 539.240 may not file a statement and proof of claim to an undetermined vested right to water. (3) Director shall set a time certain for filing statements and proofs of claim and notify all registrants by certified return receipt mail when and how the statement and proof of claim shall be filed. The Director may set separate times for accepting claims for consumptive uses, practicably irrigable acreage and instream reserved rights. (4) Claimants may be required to provide information in addition to that on their registration statement, including, but not limited to additional information that was not available at time of registration such as: (a) New maps showing changes in use; or (b) Documentation of chain of title to the current owner. (5) For purposes of the Klamath Basin adjudication fees required by ORS 539.081 shall be paid at the time a claim is filed. Fees shall be processed as provided in OAR 690-028-0028. (6) Each claim shall be evaluated on the same basis as surface water registrations as stated in OAR 690-028-0040. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90
690-028-0070 Summary of Claims The Director shall identify for all claimants in a summary document: (1) The name and mailing address of the claimant. (2) The claimed beneficial use of the water and the amount allowed. (3) The stream from which the water is diverted or in which the instream right is reserved. (4) The priority date of the claimed use of water. (5) The period of the year during which the claimed use of water is allowed. (6) Location of the claim within the township and range, by quarter-quarter section, Donation Lane Claim, or Government Lot. (7) The location of the diversion point by reference to an established public land survey corner. (8) The location of the place of use, if for irrigation, the area irrigated in each quarter-quarter section. (9) Any conditions or stipulations that have been added to the claim. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90
690-028-0075 Filing Contests of Claims of Others (1) After all claims, documentation and supporting materials have been filed the Director shall schedule an open inspection period. All parties shall receive notice as provided in ORS 539.090 of the times to inspect the claims and evidence. All contests of claims shall be filed in accordance with the requirements of OAR 690, division 30 within 15 days of the closing date for public inspection. The Director may extend this time by 20 days if requested by a party to the proceeding showing good reason for the extension. (2) A person who does not claim a pre-1909 vested right but has interest in a stream by holding a valid water right period or certificate may enter the proceeding solely for contesting claims made by others pursuant to OAR 690-030. (3) Contestants shall state with reasonable certainty the ground for the contest. Reasons for contest include, but are not limited to: (a) Claiming a wrong priority date; (b) Claiming a wrong quantity of water; (c) Claiming a wrong area of use; (d) Claiming a use started after February 24, 1909, except on federal reserved rights or spring registration; (e) Claiming a use that had been forfeited by five or more consecutive years of non-use less than fifteen years previously; and (f) Claiming a use that has been intentionally abandoned. (4) The contestant shall serve notice on contestee by certified mail with return receipt and shall submit proof of service to the Director. The Director shall set a date for hearing if the parties involved cannot settle the contest by stipulation as provided in OAR 690-030. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90
690-028-0080 Responsibilities to Circuit Court (1) The Director shall prepare findings of fact and an order of determination of all of the claims within the general stream basin. The original documentation and certified copies of the observations, measurements, and maps shall be submitted to the Circuit Court with the findings of fact and order of determination. (2) The Director shall send a notice of the Court hearing date to all parties as provided in ORS 539.130. (3) The Director shall participate in the hearings on the findings and in hearings on exceptions to the findings, if any. If the findings are remanded to the Department, the Director shall collect such additional documentation as is necessary to establish the facts or to resolve conflicts. The Director may amend the findings and shall submit the amended findings and order of determination back to the Court for reconsideration. (4) After the court has affirmed or modified the findings of fact and order of determination of the Director and the Director has received a certified copy of the decree, the watermasters shall enforce the rights as evidenced in the decree. (5) The Director shall allow a six-month period to pass to allow for appeal of the Court’s decision. When all appeals have been resolved the Director shall issue a certificate to each water right holder as provided in the decree or as modified in the appeals process. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90
690-029-0005 Purpose This rule establishes the methods by which the Water Resources Department (Department) provides opportunity for public notice and comment regarding negotiations between the Director of the Water Resources Department (Director) and the representatives for the Warm Springs Tribes and federal government, as trustee for the tribes, held to establish the scope and attributes of the water right claimed by the tribes, pursuant to ORS 539.300, et seq. Statutory/Other Authority: ORS 539 History: WRD 23-1988, f. & cert. ef. 12-14-88
690-029-0010 Notice (1) Persons interested in these negotiations shall request, in writing, to have their names placed on a mailing list the Department shall prepare for the purpose of carrying out this rule. (2) The Director shall mail notice by first class mail to all parties on the mailing list 20 days prior to any negotiating session. The notice shall specify the time, place and subject matter of the negotiating session, a summary of prior negotiating sessions, if any, and explain the manner, described in OAR 690-028-0070, by which the Director may receive public input on the negotiations. At the conclusion of the negotiations, persons on the mailing list shall receive a summary of the agreement reached, and an explanation of how the agreement is to be submitted to a court, pursuant to ORS 539.320. Statutory/Other Authority: ORS 539 History: WRD 23-1988, f. & cert. ef. 12-14-88
690-029-0015 Public Comment (1) Persons who wish the Director to consider concerns they may have with regard to the negotiations may submit an explanation, factual background evidence and a proposed position or solution and other relevant material to the Director. Such comments shall be in writing and submitted to the Director at least 10 days prior to the negotiating session to be fully considered. (2) Members of the public are entitled to attend the negotiating sessions, but are not entitled to present testimony at those sessions. Statutory/Other Authority: ORS 539 History: WRD 23-1988, f. & cert. ef. 12-14-88
690-030-0005 Rules of the Water Resources Director The following rules, OAR 690-030-0005 to 690-030-0090, have been adopted by the Water Resources Director to govern the practice and procedure relative to contests before him. A substantial compliance with the rules is required. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0010 Statement of Contest, When to Be Filed Every statement of contest must be filed within the period prescribed by statute; and no statement of contest will be received or considered which is not filed with the Water Resources Director within the time permitted by law. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0015 Contents and Form of the Statement of Contest (1) The statement of contest shall be as nearly as may be in the following form: Before the Water Resources Director of the State of Oregon. ______________ County. In the Matter of the Determination of the Relative Rights to the Waters of _________, a Tributary of _________ A. B. (or A. B. and C. D.), __________ Contestants, Statement of Contest. v.s. __________E.F., Contestee. To __________, Water Resources Director and to the above-named contestant __________ hereby contests the right claimed by the above-named contestee __________, to the waters of __________, a tributary of __________, in the above entitled proceedings, and for statement of contest, said contestant __________ alleges: 1. That said contestant –––––––––– claims an interest in the waters of the said stream, as follows, to wit: (Here set forth the nature of the rights claimed by the contestant or contestants briefly and within reasonable certainty). 2. That said contestee__________ are claiming (Here set forth the nature of the claims made by the contestees with reasonable certainty). 3. That said contestant __________ contests the rights claimed by the contestee for the following reasons: (Here set forth, with reasonable certainty, the ground of the proposed contest). Wherefore, contestant demands that a hearing of said contest be had, and testimony taken therein, and that it be determined by the Water Resources Director in the above-entitled proceeding that (Here set forth the extent of the rights to which contestant claims said contestee is entitled, and the extent to which the same should be determined). Service of notice of hearing, or answers or other papers may be made upon (Contestant, agent or attorney, as the case may be), whose post office address is:__________. (2) This statement of contest must be verified in substantially the following form: STATE OF OREGON, ) ) ss. County of ___________ ) I, A. B., being first duly sworn, depose and say: That I am (a or the) __________, contestant (or agent or attorney for contestant or contestants, as the case may be) in the above-entitled statement of contest; that I have read the foregoing statement of contest, and that the same is true, as I verily believe. ____________________ Subscribed and sworn to before me this _____ day of __________, 19__ ____________________ Notary Public of Oregon. (3) In accordance with the provisions of law permitting the filing of contests, no statement of contest will be received or filed which does not state with reasonable certainty the grounds of the proposed contest, or which is not verified by a contestant, his agent, or attorney. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0020 Service to Be Made on Contestee Upon filing of a statement of contest, service thereof shall be made by the contestant upon the contestee, by registered mail, as provided by the statute. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0025 Answers Answers on the part of contestees are not required by the statute; and the contest is deemed at issue upon the filing of the statement of contest, the statement and proof of contestee being deemed as put in issue by the contest to the extent as shown by the allegations in the statement of contest; contestees may, however, set up by way of answer, any new matter; service of such answer shall be made on the opposing party, his agent or attorney, conformably to the rules of practice in suits in equity in the Circuit Court, and no answer will be received or filed until such service is made. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0030 Answers, When to Be Served Answers shall be filed at least five days prior to the day set for hearing of contest, with due proof of service on the opposing party indorsed thereon. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0035 Amendment of Statement of Contest The statement of contest may be amended, prior to the date fixed for the hearing, by the filing of such amended statement of contest with the Water Resources Director at least 10 days prior to the date fixed for the hearing of said contest. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0040 Service of Amended Statement Service of such amended statement of contest shall be made on the contestee, his agent or attorney, prior to the filing of the same with the Water Resources Director and no amendment of the statement of contest will be received or filed which does not bear an endorsement thereon of service upon said contestee, his agent, or attorney. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0045 Hearing of Contest (1) Upon the day named in the notice of hearing, as the same shall be fixed by the Water Resources Director therein, said contest will be heard by said Water Resources Director, or his authorized assistant. (2) Department officers and employees may appear and participate on behalf of the Water Resources Director in contests before the Water Resources Director or his authorized assistant. The Department representative shall only represent the Water Resources Director in the manner described in OAR 137-003-0545(3). Statutory/Other Authority: ORS 536 & 543 Statutes/Other Implemented: ORS 183.413 - 183.470 & 539 History: WRD 5-2001, f. & cert. ef. 6-6-01 WRD 3, f. & ef. 2-18-77
690-030-0050 Procedure on Hearing Upon the hearing of any contest, except when the parties have agreed otherwise, such contest will be considered as putting the claimant or claimants so contested upon proof, and such contestee or contestees shall first produce witnesses for examination, and the testimony adduced shall be in support of the allegations or statements in such contestees’ statements and proofs of claims as have been contested. The contestant shall then produce his witnesses. Such variations in this order of procedure, however, as may be deemed necessary for the convenience of witnesses or other considerations, may be made by the Water Resources Director or his authorized assistant. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0055 Arguments and Briefs Upon application therefor, made to the Water Resources Director upon the close of the testimony in any contest, the parties thereto may submit briefs, in support of their respective contentions within a time to be fixed by the Water Resources Director and the Water Resources Director will, upon application, fix a time and place for such oral argument as the parties may desire to make prior to the entry of the final order of determination. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77