US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Section 539.300 – Legislative findings.

The Legislative Assembly of the State of Oregon finds it is desirable to provide a procedure for conducting negotiations to determine the water rights of any federally recognized Indian tribe that may have a federal reserved water right claim in Oregon. [1987 c.81 §2; 1993 c.67 §1]

Section 539.310 – Negotiation for water rights.

(1) The Water Resources Director may negotiate with representatives of any federally recognized Indian tribe that may have a federal reserved water right claim in Oregon and representatives of the federal government as trustee for the federally recognized Indian tribe to define the scope and attributes of rights to water claimed by the federally recognized […]

Section 539.320 – Agreement; submission to court.

When the Water Resources Director and the representatives of any federally recognized Indian tribe that may have a federal reserved water right claim in Oregon and the federal government have completed an agreement, the Water Resources Director shall submit an original copy of the agreement to the appropriate court. The copy shall be signed by […]

Section 539.330 – Notice to persons affected by agreement.

(1) Upon filing of the agreement with the appropriate court under ORS 539.320, the Water Resources Director shall notify owners of water right certificates or permits that may be affected by the agreement: (a) That the agreement has been filed with the court; and (b) Of the time and manner specified by the court for […]

Section 539.340 – Court decree; effective date of agreement; remand.

(1) An agreement negotiated under ORS 539.310 to 539.330 shall not be effective unless and until incorporated in a final court decree, after the court has provided an opportunity for an owner of a water right certificate or permit that may be affected by the agreement or for a claimant in an adjudication that may […]

Section 539.350 – Procedures after remand of agreement.

Within 180 days after the court remands the agreement under ORS 539.340, the Water Resources Director shall file with the court: (1) An amended agreement complying with ORS 539.320, which shall be subject to the procedure specified by ORS 539.330; (2) A motion to dismiss the proceedings, which shall be granted by the court; or […]