Or. Admin. Code § 690-028-0045 - Reasonable Diligence
(1) The
complete beneficial use of all the water for a proposed purpose does not have
to be made in its entirety prior to February 24, 1909, to claim a vested water
right. All persons, including persons who acquire formerly reserved land shall
be allowed to develop their claim with reasonable diligence.
(2) Reasonable diligence in the construction
of the system of works necessary to fully accomplish appropriation of the water
does not require unusual or extraordinary effort. Reasonable diligence is that
which is usual and ordinary with persons performing similar projects. The water
user must demonstrate a genuine intent to complete the appropriation in a
timely manner. The question is one of fact, to be determined from the
circumstances on case-by-case basis.
Notes
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