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Oregon Revised Statutes

Or. Rev. Stat. § 539.021 (2026)

Determination by Water Resources Director of rights of claimants; transfer of action to director

✓ current as of May 2026
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      539.021 Determination by Water Resources Director of rights of claimants; transfer of action to director. (1) The Water Resources Director upon the motion of the director or, in the discretion of the director, upon receipt of a petition from one or more appropriators of surface water from any natural watercourse in this state shall make a determination of the relative rights of the various claimants to the waters of that watercourse.

      (2) If an action is brought in the circuit court for determination of rights to the use of water, the case may, in the discretion of the court, be transferred to the director for determination as provided in this chapter. [1987 c.541 §2 (enacted in lieu of 539.020)]

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1994–2023 · leading case: Gerald Hawkins v. Debra Haaland, 991 F.3d 216 (D.C. Cir. 2021).
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Gerald Hawkins v. Debra Haaland, 991 F.3d 216 (D.C. Cir. 2021). “Or. Rev. Stat. §§ 539.021 , .030, .100, .”
United States v. Oregon, 44 F.3d 758 (9th Cir. 1994). · cites it 3× “Or.Rev.Stat. § 539.021. Notice must be given to all interested parties.”
Lesher v. Strid, 996 P.2d 988 (Or. Ct. App. 2000). “” 6 We also note that plaintiffs are not requesting a determination, pursuant to ORS 539.021, of the relative rights that the subject property, in particular, has to the waters of Slate Creek.”
Buchanan v. Water Resources Comm'n (D. Or. 2023). · cites it 2× “4th at 941 (citing ORS §§ 539.021, 539.100, 539.130). “Any person owning any irrigation works, or claiming any interest in the a involved in the determination shall be a party to, and bound by, the adjudication.”
— Or. Rev. Stat. § 539.021(2) — 1 case
United States v. Oregon, 44 F.3d 758 (9th Cir. 1994). “Or.Rev.Stat. § 539.021. Notice must be given to all interested parties.”
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