| OCR Text |
Show 622 OREGON This requirement extends to reservoirs and diversion dams as well as ditches.23 When the waters of a stream are insufficient for all uses, domestic use has preference over all other uses and agricultural use has pref- erence over the use of water for manufacturing purposes.24 In order to bring about a more economical use of the available water supply, the users may agree to the use of water by rotation.25 2.2 Resolution of Water Use Conflicts The water code sets forth a procedure for the statutory adjudica- tion of water rights. It appears that the primary purpose of the act is to adjudicate those riparian rights which were vested when the water code was enacted in 1909. The act limits vested rights to those where the water was placed to beneficial use prior to the adoption of the water code or within a reasonable time thereafter.26 The statutory adjudication procedure is initiated upon petition of water users from a stream, or a court may convert a private lawsuit into a general adjudication proceeding.27 Once the action is commenced, the State engineer serves notice on all known claimants and also publishes notice of the proceedings.28 All water users are required to file a detailed statement describing their claim to the use of water,29 and the engineer receives testimony concerning the past use of water.30 Further, the engineer is required to prepare a hydro- graphic survey of the various uses from the water source being adjudicated.81 AH evidence received is open to inspection by all claimants.32 Protests may be submitted against any water user's claim, and hearings on objections are conducted by the State engineer.33 As soon as practicable after the compilation of all relevant evidence, the engineer issues his findings of fact and order determining and establishing the rights of the users.34 Any user dissatisfied with the engineer's determination may file exceptions with the court, and the court then reviews his findings in an equity proceeding.35 Upon com- pletion of the final determination, the engineer issues each person represented in the determination a certificate describing his right.38 Any person who, after notice, fails to appear and submit proof of his claim in the action is barred and estopped from subsequently asserting any right.37 2« Sees. 540.330 and 540.340. 2* Sec. 540.140. as Sec. 540.150. *«Sec. 539.019. » Sec. 539.020. 2aSec. 539.030. 29 Sec. 539.050. «o Sec. 539.040. 31 Sec. 539.120. 82 Sec. 539.090. as Sees. 539.100 and 539.110. »* Sec. 539.130. ss Sec. 539.140. 3« Sec. 539.150. 37 Sec. 539.210. |
