(1) An agreement negotiated under ORS § 539.310 to 539.330 shall not be effective unless and until incorporated in a final court decree, after the court has provided an opportunity for an owner of a water right certificate or permit that may be affected by the agreement or for a claimant in an adjudication that may be affected by the agreement to submit an exception to the agreement.

Terms Used In Oregon Statutes 539.340

  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

(2) If the court does not sustain an exception, the court shall issue a final decree incorporating the agreement as submitted without alteration.

(3) If the court sustains an exception to the agreement, the court shall remand the agreement to the Water Resources Director for further negotiation according to the provisions of ORS § 539.300 to 539.350, if desired by the parties to the agreement. [1987 c.81 § 6; 1997 c.708 § 1]