Or. Admin. Code § 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.
(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.
(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 a
presumption which, by statute, may be overcome by evidence sufficient to
explain or disprove the presumption.
(15) "Record Owner" means the person shown as
the owner of the land in the county deed records established under ORS Chapter
93.
Notes
Stat. Auth.: ORS 536.025 & 536.027
Stats. Implemented: ORS 540.610-540.670
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