Oregon Statutes - Chapter 540 - Distribution of Water; Watermasters; Change in Use, Transfer or Forfeiture of Water Rights - Section 540.370 - Enforcing compliance with order or decree.

(1) If the owners fail to make the modifications within the time limits set by the Water Resources Commission, or to institute their appeal or to comply with the decree of the appellate court in case an appeal is taken, the commission shall issue an order in writing to the owners directing that the gates be kept open, or an opening made in the dam if necessary, or that the structure shall not be used for the storage, restraint or conveyance of water until the modifications have been made.

(2) No owner shall refuse to comply with the orders of the commission or the decree of an appellate court.

(3) In case of noncompliance, the commission shall direct the watermaster or other authorized assistant to carry out the orders, or the commission may file a copy of the commissionís order with the Attorney General or with the district attorney of the county within which the works are located. The Attorney General or district attorney shall bring proceedings in the name of the state, in the circuit court of the county within which the works or any part thereof are situated, to abate the offending works. The court, after a full hearing on the matter, may declare the works a nuisance and order their removal, or order any repairs or alterations, and may enforce its orders in the manner provided by law. [Amended by 1985 c.673 §90]

Section:  Previous  540.270  540.310  540.320  540.330  540.340  540.350  540.360  540.370  540.380  540.390  540.400  540.410  540.420  540.430  540.435  Next

Last modified: August 7, 2008