1. (1) The Water Resources Department shall notify each record owner of the land described by an affidavit submitted by a watermaster under ORS 540.660 and OAR 690-017-0200 in the following manner:

   1. (a) If there are 25 or fewer record owners of the land, the department shall mail a copy of the affidavit to each record owner;
   2. (b) If there are more than 25 record owners, the department shall provide general notice by publication according to the procedures established in ORS 193.010 to 193.100; and
   3. (c) If the land is within the boundaries of an irrigation district, the Department shall mail a copy of the affidavit to the irrigation district.
2. (2) The record owner named in an affidavit shall be given the option of voluntarily relinquishing the water right or portion thereof, continuing to be the subject of the filing of such affidavits each year for a period of five successive years, or of applying the water to the use authorized by the certificate.
3. (3) If the watermaster files an affidavit each year for five successive years, the Water Resources Department shall initiate cancellation proceedings under ORS 540.631. The Department shall give notice of the proposed cancellation as provided in OAR 690-017-0400(6).

Statutory/Other Authority

ORS 536.025 & ORS 536.027

Statutes/Other Implemented

ORS 540.610 - 540.670 & ORS 540.660

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88