1. (1) Any record owner or occupant rebutting a presumption of forfeiture for nonuse of water under ORS 540.610(2), as provided in these rules, shall provide evidence that rebuts the presumption of forfeiture.
2. (2) A presumption of forfeiture may be rebutted by showing one or more of the grounds for rebuttal in ORS 540.610(2).

3. (3) An economic hardship exists only during the following periods of time:

   1. (a) During a bankruptcy action initiated by or for the record owner or principal farm operator;
   2. (b) During a foreclosure of real or personal property of the record owner or principal farm operator. The foreclosure of personal property must directly affect the ability to use the water in question;
   3. (c) During the redemption periods as provided in ORS 18.960 to 18.985;
   4. (d) Three calendar years following the expiration of redemptions as provided in ORS 18.960 to 18.985; or, three years from the date of recording of a deed in lieu of foreclosure tendered by the record owner or principal farm operator in payment of debt owed;
   5. (e) The time during which judicial actions limit or prohibit the record owner’s or principal farm operator’s use of the water in question; and
   6. (f) The time during which a natural disaster would limit or prohibit the record owner’s or principal farm operator’s use of the water in question.

4. (4) Documentation supporting rebuttal based on enrollment in a federal program, bankruptcy, foreclosure or foreclosure redemption, natural disaster, or the 15-year statute of limitations on cancellation as provided for in ORS 540.610(2) may include, but is not limited to, the following items:

   1. (a) The enrollment contract or agreement between the record owner, occupant, or principal farm operator and the appropriate federal jurisdiction;
   2. (b) Affidavits by knowledgeable parties such as employees administering the federal programs;
   3. (c) Court pleadings, filings or other legal documentation of bankruptcy or foreclosure;
   4. (d) Documents from financial, mortgage, lending or title institutions; and
   5. (e) Sworn statements by a watermaster, soil scientist, or insurance claim adjuster.

Statutory/Other Authority

ORS 536.025 & ORS 536.027

Statutes/Other Implemented

ORS 540.610 - 540.670

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