OAR 690-017-0010: Definitions

(1) "Affidavit" means a declaration upon oath, in writing, signed by the party and sworn to before a notary public. (2) "Affiant" means the individual completing, swearing to and signing an affidavit. (3) "Bankruptcy" means proceedings under federal bankruptcy statutes to relieve a debtor (the bankrupt) from insurmountable debt. The commencement of a bankruptcy action occurs with the date a petition for relief is filed by a debtor or creditor to the bankruptcy court. (4) "Cancellation" means the action taken by the Director, the Commission, or the courts to abolish all or part of a permit or certificate of water right. The action must be based on a preponderance of the evidence in accordance with ORS chapter 183. (5) "Deed-in-Lieu" means a deed tendered by the record owner to prevent the creditor from asserting a legal right to recover payment of a debt through a foreclosure action. (6) “District” has the meaning of the term as defined in ORS 540.505. (7) "Foreclosure" means a proceeding in or out of court to extinguish all right, title and interest of the record owner(s) of property in order to sell or repossess the property to satisfy a lien against it. A foreclosure action begins on the date presentation of the official demand for payment is made to the debtor by the creditor by certified mail. (8) "Forfeiture" means the loss of a water right caused by the failure of the appropriator or record owner of the right to use the water for five successive years, except as provided in ORS 540.610(3) and (4) and ORS 540.612. (9) "Judicial Action" means a suit, injunction, or litigation filed with or allowed by the courts. (10) "Natural Disaster" means an act of God, such as flooding or erosion, which occurred with such magnitude that it either prohibited or severely limited the ability to use the water. (11) "Perfected Water Right" means a water right which has been confirmed by the issuance of a certificate of water right or by a court decree. (12) "Presumption of Forfeiture" means a conclusion established by statute that a water right, in whole or in part, is forfeited by nonuse of the right for five successive years. (13) "Principal Farm Operator" means the record owner, including a lessee to whom the right of possession of agricultural property has been granted by the lessor for a specified period of time in return for a consideration. (14) "Rebuttable Presumption" means the presumption of forfeiture established pursuant to ORS 540.610(1), which the appropriator may overcome by proving, by a preponderance of the evidence, one or more of the exemptions from forfeiture in ORS 540.610(2). (15) "Record Owner" means the person shown as the owner of the land in the county deed records established under ORS Chapter 93.