Comments on Oregon public meetings law 

Oregon Representative Bill Garrard

March 1, 2008

The procedural requirements of ORS 539.310 are applicable to the settlement
procedure. The Director of OWRD has the right to negotiate with tribes..but
the law says they must be public and allow for public input. This was not
done.. Therefore, anyone injured by these negotiations may bring litigation
under the procedural due process theory to invalidate the agreement. The ORS
that was violated is ORS539.310.

The Oregon Statue concerning this:   

Chapter 539 — Determination of Water Rights Initiated Before February 24, 1909; Determination of Water Rights of Federally Re..  

WATER RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES

      539.300 Legislative findings. The Legislative Assembly of the State of Oregon finds it is desirable to provide a procedure for conducting negotiations to determine the water rights of any federally recognized Indian tribe that may have a federal reserved water right claim in Oregon . [1987 c.81 §2; 1993 c.67 §1]

      539.310 Negotiation for water rights. (1) The Water Resources Director may negotiate with representatives of any federally recognized Indian tribe that may have a federal reserved water right claim in Oregon and representatives of the federal government as trustee for the federally recognized Indian tribe to define the scope and attributes of rights to water claimed by the federally recognized Indian tribe to satisfy tribal rights under treaty between the United States and the tribes of Oregon. All negotiations in which the director participates under this section shall be open to the public.

      (2) During negotiations conducted under subsection (1) of this section, the director shall:

      (a) Provide public notice of the negotiations;

      (b) Allow for public input through the director; and

      (c) Provide regular reports on the progress of the negotiations to interested members of the public. [1987 c.81 §3; 1993 c.67 §2]