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Oregon Revised Statutes

Or. Rev. Stat. § 540.641 (2026)

Protest of cancellation; procedure

✓ current as of May 2026
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      540.641 Protest of cancellation; procedure. (1) If the legal owner or the occupant receiving notice as provided in ORS 540.631 fails to protest the proposed cancellation of the water right within the 60-day period prescribed in the notice, the Water Resources Commission may enter an order canceling the water right.

      (2) If the legal owner or the occupant receiving notice as provided in ORS 540.631 files a protest against the proposed cancellation of the water right the provisions of ORS 536.076 and 536.077 and the rules adopted thereunder apply. The commission shall cause written notice of the hearing to be given at least 10 days prior to the hearing to the person protesting the cancellation of the water right and to any other person who in the opinion of the commission is an interested party to the proceeding.

      (3) After a hearing the commission shall enter an order canceling the water right, canceling in part or modifying the water right, or declaring that the water right shall not be canceled or modified. [1955 c.670 §3; 1975 c.581 §26c; 1983 c.807 §3; 1985 c.673 §98; 2025 c.575 §23]

Notes of Decisions
Cited in 3 cases, 1977–1999 · leading case: Crandall v. Water Resources Dep't, 626 P.2d 877 (Or. 1981).
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Crandall v. Water Resources Dep't, 626 P.2d 877 (Or. 1981). “The director of Water Resources held a hearing pursuant to ORS 540.641. Thereafter, he entered findings of fact and conclusions of law wherein he correctly identified the question to be decided as: "The sole issue here is whether or not the statutory abandonment or forfeiture…”
Crumpton v. Dep't of Water Resources, 559 P.2d 927 (Or. Ct. App. 1977). “” ORS 540.641 and 540.650 authorize modification or partial cancellation.”
Staats v. Newman, 988 P.2d 439 (Or. Ct. App. 1999). “ORS 540.641(2). The APA does not specify a specific standard of proof for contested case hearings, but it does provide that: “No sanction shall be imposed or order be issued except upon consideration of the whole record or such portions *22 thereof as may be cited by any party,…”
— Or. Rev. Stat. § 540.641(2) — 1 case
Staats v. Newman, 988 P.2d 439 (Or. Ct. App. 1999). “ORS 540.641(2). The APA does not specify a specific standard of proof for contested case hearings, but it does provide that: “No sanction shall be imposed or order be issued except upon consideration of the whole record or such portions *22 thereof as may be cited by any party,…”
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