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Oregon Revised Statutes

Or. Rev. Stat. § 539.130 (2026)

Findings of fact and determination of director; certification of proceedings; filing in court; fixing time for hearing by court; notice; force of director’s determination

✓ current as of May 2026
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      539.130 Findings of fact and determination of director; certification of proceedings; filing in court; fixing time for hearing by court; notice; force of director’s 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]

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1959–2023 · leading case: TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020).
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TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020). · cites it 7× “It provides in relevant part that “the proceedings shall be like those in an action not triable by right to a jury” and, “[a]t any time prior to the hearing provided for in ORS 539.130, any party or parties jointly interested may file exceptions in writing to the find- ings and…”
Klamath Irrigation Dist. v. Water Resources Dept., 518 P.3d 970 (Or. Ct. App. 2022). · cites it 2× “Water rights that existed before the effective date of the Act were not superseded but were required to be “adjudicated” through a process codi- fied in ORS chapter 539 that includes administrative and judicial phases.”
Gerald Hawkins v. Debra Haaland, 991 F.3d 216 (D.C. Cir. 2021). “OWRD filed its Administrative Determination in the Oregon Circuit Court, Or. Rev. Stat. § 539.130 (1), and the parties here, and other claimants, filed exceptions, id.”
Warner Valley Stock Co. v. Lynch, 336 P.2d 884 (Or. 1959). “(ORS 539.130) It is provided that the proceedings in the circuit court “* * * shall be like those in a suit in equity * * (ORS 539.”
Buchanan v. Water Resources Comm'n (D. Or. 2023). · cites it 2× “150, the Klamath County Circuit Court is currently managing hearings to approve or-modify the ACFFOD. Klamath Irrigation Dist., 48 F.”
— Or. Rev. Stat. § 539.130(1) — 1 case
TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020). “It provides in relevant part that “the proceedings shall be like those in an action not triable by right to a jury” and, “[a]t any time prior to the hearing provided for in ORS 539.130, any party or parties jointly interested may file exceptions in writing to the find- ings and…”
— Or. Rev. Stat. § 539.130(2) — 1 case
TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020). “It provides in relevant part that “the proceedings shall be like those in an action not triable by right to a jury” and, “[a]t any time prior to the hearing provided for in ORS 539.130, any party or parties jointly interested may file exceptions in writing to the find- ings and…”
— Or. Rev. Stat. § 539.130(4) — 1 case
TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020). “It provides in relevant part that “the proceedings shall be like those in an action not triable by right to a jury” and, “[a]t any time prior to the hearing provided for in ORS 539.130, any party or parties jointly interested may file exceptions in writing to the find- ings and…”
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