Or. Admin. Code § 690-380-9000 - Clarification of Water Rights
(1) If
the Director decides that a certificate of water right does not identify the
lands to which the right is appurtenant with sufficient specificity for
management, delivery, or transfer of that right, the Director may issue an
order clarifying and defining the description of the land to which the right is
appurtenant.
(2) A clarification
order may not reduce the rate, duty or number of acres stated in the perfected
right. The sole purpose of the order is to better define the location to which
the water right is appurtenant.
(3)
Any order issued under this section shall be served on the legal owner of the
land to which the water right is appurtenant and on the occupant of the land,
by certified mail, return receipt requested. If the owner or occupant files a
written request for a hearing within 30 days after service of the order, the
Director or the Director's authorized assistant shall conduct a hearing of the
matter under the provisions of ORS
183.413 to
183.484.
(4) If no exceptions or objections to a
proposed order issued under this rule are filed within the time allowed, the
Director shall issue a final order. Said final order shall be filed with the
certificate that the order clarifies. For all purposes, the final order shall
constitute the description of the land to which the water right is
appurtenant.
Notes
Stat. Auth.: ORS 183, ORS 339, ORS 536, ORS 537, ORS 540 & ORS 649
Stats. Implemented:
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