ORS 540.631: Cancellation of forfeited water right; notice.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
Whenever it appears to the satisfaction of the Water Resources Commission upon the commission’s own determination or upon evidence submitted to the commission by any person that a perfected and developed water right has been forfeited as provided in ORS 540.610 (1), and would not be rebutted under ORS 540.610 (2), the commission shall initiate proceedings for the cancellation of such water right by causing written notice of such initiation of proceedings to be given by registered or certified mail, return receipt requested, to the legal owner of the lands to which the water right is appurtenant and to the occupant of such lands. The notice to the legal owner shall be addressed to the legal owner at the owner’s last address of record in the office of the county assessor of the county in which the lands are located. The notice shall contain a complete description of the water right and of the lands to which the water right is appurtenant. The notice shall state that the legal owner or the occupant has a period of 60 days from the date of the mailing of the notice within which to protest the proposed cancellation of the water right. [1955 c.670 §2; 1985 c.673 §97; 1989 c.699 §2; 1991 c.249 §53]
Administrative rules citing this section
- OAR 690-013-0005: Introduction — implements
- OAR 690-013-0010: Definitions — implements
- OAR 690-013-0030: Eligibility to Petition — implements
- OAR 690-013-0050: Individual Applications — implements
- OAR 690-013-0070: Interim Transfers — implements
- OAR 690-013-0100: District Petitions — implements
- OAR 690-013-0110: Requests for Additional Information — implements
- OAR 690-013-0150: District Shall Certify Petition — implements
- OAR 690-013-0310: Processing of Petition — implements
- OAR 690-013-0350: Field Verification of the Petition and Map — implements
- OAR 690-017-0005: Introduction — implements
- OAR 690-017-0010: Definitions — implements
- OAR 690-017-0100: Cancellation Authorized by Record Owner — implements
- OAR 690-017-0200: Watermaster Affidavit of Inability to Appropriate or Beneficially Use Water — implements
- OAR 690-017-0300: Notice of Watermaster Affidavit to Record Owner — implements
- OAR 690-017-0400: Cancellation Initiated by Department — implements
- OAR 690-017-0600: Protest of Cancellation/Statement of Intent to Rebut Presumption of Forfeiture — implements
- OAR 690-017-0700: Cancellation Hearing — implements
- OAR 690-017-0800: Grounds for and Manner of Rebutting a Presumption of Forfeiture — implements
- OAR 690-017-0900: Time Period of Non-Use — implements
- OAR 690-320-0070: Primary and Supplemental Rights — implements
- OAR 690-330-0040: Primary and Supplemental Rights — implements
This rule cites
- ORS 540.610 — resolved
Cited by
- ORS 540.610: Use as measure of water right; forfeiture for nonuse; confirmation of rights of municipalities.
- ORS 540.641: Protest of cancellation; procedure.
- ORS 540.660: Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate; procedures for cancellation of right.
- OAR 690-017-0300: Notice of Watermaster Affidavit to Record Owner
- OAR 690-017-0400: Cancellation Initiated by Department
- OAR 690-320-0070: Primary and Supplemental Rights
- OAR 690-330-0040: Primary and Supplemental Rights
- OAR 690-380-4200: Hearings
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors540.html