Or. Admin. Code § 690-030-0015

Current through Register Vol. 64, No. 1, January 1, 2025

Section 690-030-0015 - Contents and Form of the Statement of Contest

(1) The statement of contest shall be as nearly as may be in the following form:

Before the Water Resources Director of the State of Oregon.

______________ County.

In the Matter of the Determination of the Relative Rights to the Waters of _________, a Tributary of _________ A. B. (or A. B. and C. D.),

__________ Contestants, Statement of Contest.

v.s.

__________E.F., Contestee.

To __________, Water Resources Director and to the above-named contestant __________ hereby contests the right claimed by the above-named contestee __________, to the waters of __________, a tributary of __________, in the above entitled proceedings, and for statement of contest, said contestant __________ alleges:

1. That said contestant ---------- claims an interest in the waters of the said stream, as follows, to wit: (Here set forth the nature of the rights claimed by the contestant or contestants briefly and within reasonable certainty).

2. That said contestee__________ are claiming (Here set forth the nature of the claims made by the contestees with reasonable certainty).

3. That said contestant __________ contests the rights claimed by the contestee for the following reasons: (Here set forth, with reasonable certainty, the ground of the proposed contest).

Wherefore, contestant demands that a hearing of said contest be had, and testimony taken therein, and that it be determined by the Water Resources Director in the above-entitled proceeding that (Here set forth the extent of the rights to which contestant claims said contestee is entitled, and the extent to which the same should be determined).

Service of notice of hearing, or answers or other papers may be made upon (Contestant, agent or attorney, as the case may be), whose post office address is:__________.

(2) This statement of contest must be verified in substantially the following form:

STATE OF OREGON,)

) ss.

County of ___________)

I, A. B., being first duly sworn, depose and say: That I am (a or the) __________, contestant (or agent or attorney for contestant or contestants, as the case may be) in the above-entitled statement of contest; that I have read the foregoing statement of contest, and that the same is true, as I verily believe.

____________________

Subscribed and sworn to before me this _____ day of __________, 19__

____________________

Notary Public of Oregon.

(3) In accordance with the provisions of law permitting the filing of contests, no statement of contest will be received or filed which does not state with reasonable certainty the grounds of the proposed contest, or which is not verified by a contestant, his agent, or attorney.

Or. Admin. Code § 690-030-0015

WRD 3, f. & ef. 2-18-77

Stat. Auth.: ORS 536 & ORS 543

Stats. Implemented: