Chapter 539

      539.005 to 539.040

LAW REVIEW CITATIONS: 28 WLR 285 (1992)

      539.010

NOTES OF DECISIONS

      Extent of vested right is limited to amount actually in beneficial use prior to 1909 date. State ex rel Cox v. Hibbard, 31 Or App 269, 570 P2d 1190 (1977)

      539.020

NOTE: Repealed September 27, 1987; ORS 539.021 enacted in lieu

See annotations under ORS 539.021.

      539.021

See also annotations under ORS 539.020 in permanent edition.

NOTES OF DECISIONS

Under former similar statute (ORS 539.020)

      Under this section, Water Resources Director must, after investigation, additionally decide that facts and conditions justify making determination of water rights. U.S. v. Adair, 723 F2d 1394 (1983)

In general

      Oregon water right determination procedure is suit within meaning of McCarran Amendment waiver of sovereign immunity for United States and Indian tribes. U.S. v. State of Oregon Water Resources Dept., 44 F3d 758 (9th Cir. 1994)

      539.081

NOTES OF DECISIONS

      United States government and Indian tribes are exempt from payment of filing fees assessed for adjudication of water rights. U.S. v. State of Oregon Water Resources Dept., 44 F3d 758 (9th Cir. 1994)

      539.210

NOTES OF DECISIONS

      “Claimant” means person who claims legal title to water right, not person who asserts equitable or beneficial interest in another person’s water right. Klamath Irrigation District v. United States, 348 Or 15, 227 P3d 1145 (2010)

      539.240

NOTES OF DECISIONS

      Registration statements are not part of water right adjudication process and therefore not subject to McCarran Amendment sovereign immunity waiver. U.S. v. State of Oregon Water Resources Dept., 44 F3d 758 (9th Cir. 1994)