Oregon Revised Statutes

Or. Rev. Stat. § 539.150 (2026)

Court proceedings to review determination of director

✓ current as of May 2026
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      539.150 Court proceedings to review determination of director. (1) From and after the filing of the evidence and order of determination in the circuit court, the proceedings shall be like those in an action not triable by right to a jury, except that any proceedings, including the entry of a judgment, may be had in vacation with the same force and effect as in term time. At 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 findings and order of determination, or any part thereof, which exceptions shall state with reasonable certainty the grounds and shall specify the particular paragraphs or parts of the findings and order excepted to.

      (2) A copy of the exceptions, verified by the exceptor or certified to by the attorney for the exceptor, shall be served upon each claimant who was an adverse party to any contest wherein the exceptor was a party in the proceedings, prior to the hearing. Service shall be made by the exceptor or the attorney for the exceptor upon each such adverse party in person, or upon the attorney if the adverse party has appeared by attorney, or upon the agent of the adverse party. If the adverse party is a nonresident of the county or state, the service may be made by mailing a copy to that party by registered mail or by certified mail with return receipt, addressed to the place of residence of that party, as set forth in the proof filed in the proceedings.

      (3) If no exceptions are filed the court shall, on the day set for the hearing, enter a judgment affirming the determination of the Water Resources Director. If exceptions are filed, upon the day set for the hearing the court shall fix a time, not less than 30 days thereafter, unless for good cause shown the time be extended by the court, when a hearing will be had upon the exceptions. All parties may be heard upon the consideration of the exceptions, and the director may appear on behalf of the state, either in person or by the Attorney General. The court may, if necessary, remand the case for further testimony, to be taken by the director or by a referee appointed by the court for that purpose. Upon completion of the testimony and its report to the director, the director may be required to make a further determination.

      (4) After final hearing the court shall enter a judgment affirming or modifying the order of the director as the court considers proper, and may assess such costs as it may consider just except that a judgment for costs may not be rendered against the United States. An appeal may be taken to the Court of Appeals from the judgment in the same manner and with the same effect as in other cases in equity, except that notice of appeal must be served and filed within 60 days from the entry of the judgment. [Amended by 1979 c.284 §165; 1989 c.691 §12; 1991 c.249 §50]

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1959–2023 · leading case: Appleton v. Oregon Iron & Steel Co., 366 P.2d 174 (Or. 1961).
Appleton v. Oregon Iron & Steel Co., 366 P.2d 174 (Or. 1961). · cites it 12× “The circuit court, consisting of three judges, entered a decree affirming the State Engineer's order after a hearing as provided in ORS 539.150. One judge dissented. The contestants appeal.”
TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020). · cites it 3× “ORS 539.150 governs the court proceedings to review OWRD’s determination.”
Warner Valley Stock Co. v. Lynch, 336 P.2d 884 (Or. 1959). · cites it 2× “130) It is provided that the proceedings in the circuit court “* * * shall be like those in a suit in equity * * (ORS 539.150) *549 After the final hearing, the circuit court enters a decree affirming or modifying the order of the State Engineer (ORS 539.”
Buchanan v. Water Resources Comm'n (D. Or. 2023). · cites it 2× “3 In accordance with ORS § 539.150, the Klamath County Circuit Court is currently managing hearings to approve or-modify the ACFFOD.”
Crandall v. Water Resources Dep't, 609 P.2d 844 (Or. Ct. App. 1980). “See ORS 539.150 et seq. This proceeding was initiated by the Department pursuant to ORS 540.”
— Or. Rev. Stat. § 539.150(1) — 1 case
TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020). “ORS 539.150 governs the court proceedings to review OWRD’s determination.”
— Or. Rev. Stat. § 539.150(4) — 2 cases
Appleton v. Oregon Iron & Steel Co., 366 P.2d 174 (Or. 1961). “The circuit court, consisting of three judges, entered a decree affirming the State Engineer's order after a hearing as provided in ORS 539.150. One judge dissented. The contestants appeal.”
TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020). “ORS 539.150 governs the court proceedings to review OWRD’s determination.”
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