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Show 630 OREGON the place of use, point of diversion, or the nature of use of his right without losing priority of the right.113 Whenever the owner of a water right desires to change the place of use, the point of diversion, or the use theretofore made of the water, he must file an application to make such a change with the State engineer. The application must state the name of the owner of the right and describe the nature and extent of the prior use as well as a description of the use which is proposed to be made of the water, and the reasons for making the change.114 Upon the filing of the application, the State engineer is required to give notice of the proposed change by publication in a newspaper having general circulation in the county in which the water rights are located. The published notice is required to set forth the time and place when a hearing is to be held upon the application. How- ever, where the application is for only a change in place of use or a change in the point of diversion of less than one-fourth mile, and where there are no intervening diversions between the old and the proposed new diversion, no notice need be published.115 Any person who has objections to the proposed change is required to file his objections with the State engineer at least 10 days prior to the hearing date. If no objections are filed, the change may be approved by the State engineer without a hearing.116 If objections are filed, the State engineer must conduct a hearing. The proceedings before the engineer are summary and informal, but witnesss may be called and testimony taken. If, after the hearing, the State engineer finds that the proposed change can be effected without injury to existing rights, he is required to make an order approving the change and fixing a time limit within which the change must be accom- plished. During the time set by the State engineer for effecting the change, the original water right shall not be considered to be aban- doned by nonuse. The certificate representing the old water right is canceled and a new certificate is issued representing the perfected change. Appeal may be taken from the decision of the State engineer to the State courts as in other cases.117 3.4 Loss of Rights The basis, measure, and limit of all rights to water is the actual beneficial use to which the water is applied. Whenever the owner of a perfected and developed water right ceases or fails to use the water appropriated for a period of five successive years, his water right ceases, and the failure to use is conclusively presumed to be an abandonment of the water right.118 However, the time that the land upon which the water is used is withdrawn from production under a Federal soil bank program is not taken into account for the purpose of computing this 5-year period.119 »»Id. u*Sec. 540.520. 115 Sec. 540.520. 116 Sec. 540.530. «' Id. 118 Sec. 540.610. 118Id. |
