Oregon Statutes - Chapter 540 - Distribution of Water; Watermasters; Change in Use, Transfer or Forfeiture of Water Rights

• 540.010   Water districts; creation; purposes.
  The Water Resources Commission shall divide the state into water districts, which shall be so constituted as to secure the best protection to the claimants...
• 540.020   Watermasters; appointment; removal; powers of Water Resources Director.
  (1) The Water Resources Director shall appoint one watermaster for each water district. The watermaster shall hold office until removed by the director, and shall...
• 540.030   Water Resources Director; duties regarding water distribution.
  The Water Resources Director shall: (1) Have general control over the watermasters. (2) Execute the laws relative to the distribution of water and perform other...
• 540.040   [Amended by 1953 c.395 §3; 1957 c.341 §10; 1963 c.410 §1; repealed by 1985 c.421 §17]
• 540.045   Watermaster duties.
  (1) Each watermaster shall: (a) Regulate the distribution of water among the various users of water from any natural surface or ground water supply in...
• 540.050   Appearance of district attorney.
  The district attorney shall appear on behalf of the Water Resources Director or any watermaster in any case which may arise in the pursuance of...
• 540.060   Arrest by watermaster; complaint against offender.
  The watermaster or an assistant appointed by the watermaster shall have power to arrest any person violating a provision of the Water Rights Act (as...
• 540.070   [Repealed by 1957 c.546 §8]
• 540.071   [1957 c.546 §2; 1961 c.636 §1; 1963 c.410 §2; repealed by 1985 c.421 §17]
• 540.075   Office and equipment for watermaster.
  (1) The county court or board of county commissioners of each county in which the water district of the watermaster is located shall furnish the...
• 540.080   Assistant watermasters; compensation and expenses; termination.
  (1) With the approval of the Water Resources Director, a watermaster may employ assistants to aid in the discharge of the watermaster’s duties. The assistants...
• 540.090   [Amended by 1957 c.546 §4; 1961 c.636 §3; 1979 c.18 §1; repealed by 1985 c.421 §17]
• 540.100   Division of water among users; payment.
  (1) When water users are unable to agree to the distribution or division of water, a majority of them may request the watermaster of the...
• 540.110   [Amended by 1981 c.897 §58; repealed by 1985 c.421 §17]
• 540.120   Lien for wages and expense; notice; foreclosure.
  (1) If one or more of the water users concerned in a distribution or division under ORS 540.100 pay the wages and expenses for another...
• 540.130   Advance payment.
  If no provision has been made for payment of the assistant watermaster or expenses as provided in ORS 540.080, before proceeding to make any distribution...
• 540.135   Disposition of funds collected under ORS 540.100 to 540.130 and 540.220.
  Any moneys collected under ORS 540.100 to 540.130 and 540.220 shall be paid to the Water Resources Director and deposited by the director in a...
• 540.140   Insufficiency of water; preference of uses.
  When the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the...
• 540.145   Distribution of water; rules; applicability.
  The Water Resources Commission may adopt rules to secure the equal and fair distribution of water in accordance with the rights of the various users....
• 540.150   Rotation in water use; notice.
  To bring about a more economical use of the available water supply, water users owning lands to which are attached water rights may rotate in...
• 540.210   Distribution from ditch or reservoir.
  (1) Whenever any water users from any ditch or reservoir, either among themselves or with the owner thereof, are unable to agree relative to the...
• 540.220   Payment of assistant watermaster.
  (1) A watermaster may appoint an assistant to take charge of the ditch, pipeline or reservoir involved in a distribution or division of water under...
• 540.230   Distribution of waste or seepage water; payment.
  Whenever a watermaster is called upon, in accordance with the provisions of ORS 540.210, to distribute the waters of any ditch containing or carrying waste...
• 540.240   Lien for wages and expense; property subject to lien; monthly payment.
  In the case of a partnership ditch, pipeline or reservoir, or a ditch, pipeline or reservoir owned in common or by a mutual irrigation company...
• 540.250   Lien, notice of intent to claim; foreclosure; attorney fees.
  (1) If not paid, the lien under ORS 540.240 may be made effective by the assistant filing a notice in writing of intention to claim...
• 540.260   Lien for wages and expense; enforcement; remedy not exclusive.
  (1) One or more of the water users from any partnership or mutual irrigation company ditch or pipeline may pay the wages and expense of...
• 540.270   Distribution from irrigation districts and improvement companies; applicability of ORS 540.210 to 540.260.
  Nothing contained in ORS 540.210 to 540.260 shall be applicable to the distribution of water from the irrigation systems or works of irrigation districts or...
• 540.310   Ditches and canals; headgates; measuring devices; flumes along lines of ditches.
  (1) The owner of any ditch or canal shall maintain to the satisfaction of the Water Resources Commission a substantial headgate at the point where...
• 540.320   Noncompliance with requirements; effect.
  If any owner of irrigation works refuses or neglects to construct and put in headgates, flumes or measuring devices, as required under ORS 540.310, after...
• 540.330   Reservoirs; measuring devices; effect of noncompliance.
  (1) Any owner or manager of a reservoir, located across or upon the bed of a natural stream, shall construct and maintain, when required by...
• 540.340   Reservoir and diversion dam; suitable outlet; effect of noncompliance.
  (1) Whenever it may be necessary for the protection of other water users, the Water Resources Commission shall require every owner or manager of a...
• 540.350   Dams, dikes and other hydraulic works; examination and approval by commission; responsibility of owners; inspections; modification of works; hearing.
  (1) No person, firm or private or municipal corporation shall construct any dam, dike, or other hydraulic structure or works, the failure of which the...
• 540.360   Order to modify.
  After the hearing the Water Resources Commission may issue a written order to the owners to make such modifications as the commission considers necessary to...
• 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...
• 540.380   Reports of consultants; payment.
  The Water Resources Commission may accept the reports of consulting engineers, geologists or other specialists whom the owners of the works in question may have...
• 540.390   Inspection of dam, dike or hydraulic structure; expenses; deposit by applicant; payment by owner of works; lien.
  Should any person residing on or owning land in the neighborhood of any dam, dike or other hydraulic structure after completion, or in course of...
• 540.400   Applicability of ORS 540.350 to 540.390.
  ORS 540.350 to 540.390 shall not apply to: (1) Any dam less than 10 feet in height or impounding less than 3,000,000 gallons of water....
• 540.410   Delivery of reservoir water; notice to watermaster; adjustment of headgates; expenses; payment.
  Whenever the owner, manager or lessee of a reservoir constructed under the provisions of the Water Rights Act, as defined in ORS 537.010, desires to...
• 540.420   Jointly owned ditches; performance by coowner; recovery for default.
  In all cases where ditches are owned by two or more persons and one or more of such persons fails or neglects to do a...
• 540.430   Nonpayment by ditch coowner; lien on interest; foreclosure; stoppage of water delivery.
  (1) Upon the failure of any coowner to pay a proportionate share of the expense, as mentioned in ORS 540.420, within 30 days after receiving...
• 540.435   Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order.
  (1) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water...
• 540.440   Owner to clear weeds from ditch right of way.
  All persons owning or controlling any water ditches shall keep their right of way along the ditches clean and free from wild oats, mustard, thistles,...
• 540.505   Definitions.
  As used in ORS 540.505 to 540.585: (1) “District” means an irrigation district formed under ORS chapter 545, a drainage district formed under ORS chapter...
• 540.510   Appurtenancy of water to premises; restrictions on change of use, place of use or point of diversion; application for transfer of primary and supplemental water rights; right to use conserved water.
  (1) Except as provided in subsections (2) to (8) of this section, all water used in this state for any purpose shall remain appurtenant to...
• 540.520   Application for change of use, place of use or point of diversion; public notice; protest; hearing; exemptions.
  (1) Except when the application is made under ORS 541.327 or when an application for a temporary transfer is made under ORS 540.523, whenever the...
• 540.523   Temporary transfer of water right or permit; terms; revocation; status of supplemental water right or permit.
  (1) In accordance with the provisions of this section, any person who holds a water use subject to transfer may request that the Water Resources...
• 540.524   Substitution of supplemental water right from ground water source for primary water right from surface water source; application; fee.
  (1) Notwithstanding ORS 540.510 or 540.670, upon approval of an application submitted to the Water Resources Department, the holder of both a primary water right...
• 540.525   Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion.
  (1) Upon receipt of an application for a change in the point of diversion under ORS 540.520, the Water Resources Department shall consult with the...
• 540.530   Order authorizing change of use, place of use or point of diversion; consent to injury; new or modified certificate.
  (1)(a) If, after hearing or examination, the Water Resources Commission finds that a proposed change can be effected without injury to existing water rights, the...
• 540.531   Transfer of surface water point of diversion to ground water; requirements; priority; mitigation measures; return to surface water diversion; rules.
  (1) Notwithstanding ORS 537.515 and 537.535, an owner of a surface water use subject to transfer may apply for a transfer of the point of...
• 540.532   Request for change in point of diversion to reflect historical use; requirements.
  (1) Notwithstanding ORS 537.797, 540.510, 540.520 and 540.530, an individual may request a change in the point of diversion to reflect the historical use of...
• 540.533   Application for exchange of water; fee.
  (1) Any person holding a water right established by court decree, a water right certificate or a water right for which proof of beneficial use...
• 540.535   Notice of application for exchange.
  After receipt of an exchange application, the Water Resources Commission shall give notice of the application by publishing notice of the application in a newspaper...
• 540.537   Order allowing exchange; order terminating exchange.
  (1) The Water Resources Commission shall issue an order allowing an exchange unless the commission finds any of the following: (a) The proposed exchange would...
• 540.539   Exchange subject to beneficial use requirements.
  An exchange of water under ORS 540.533 to 540.537 is subject to the requirements of beneficial use under ORS 540.610. [1987 c.815 §5]
• 540.540   [Renumbered 540.545 in 1987]
• 540.541   Delivery and use of water under exchange.
  (1) Any water made available to a person under an exchange shall be delivered in accordance with the order allowing the exchange. The use of...
• 540.543   Regulation of headgates when water provided by exchange.
  If water for an in-stream use is provided by exchange, the watermaster shall regulate headgates and other diversion points as necessary to assure that the...
• 540.545   Transfer of water rights following county acquisition of land.
  Whenever the title to lands within a district has been or is acquired by the county within which the land is located, by foreclosure of...
• 540.550   Ratification of prior transfer of water rights to irrigation district.
  All attempted transfers or sales, prior to March 6, 1931, to an irrigation district, of water rights which theretofore had been appurtenant to lands located...
• 540.560   Order changing description of land to which water right is appurtenant; limitation; purpose; hearing; effect of final order.
  (1) If the Water Resources Commission considers that a certificate of water right does not identify the lands to which the right is appurtenant with...
• 540.570   Temporary transfers within districts; procedure; fee.
  (1) Provided that the proposed transfer complies with all of the provisions of this subsection and will not result in injury to any existing water...
• 540.572   Application of certificated water elsewhere within district; notice.
  (1) Upon compliance with this section and ORS 540.574 and 540.576, whenever land within the legal boundaries of a district is no longer irrigated or...
• 540.574   Petition for approval of transfer.
  (1) In accordance with the requirements of subsection (3) of this section, a district may petition the Water Resources Commission for approval and acceptance of...
• 540.576   Notice of petition; protest; user rights.
  After filing a petition under ORS 540.572, the district shall send a copy of the petition and map and a notice to the users of...
• 540.578   Filing of protest; hearing on proposed transfer.
  (1) Any user may file with the Water Resources Commission, within 60 days after the date of mailing the notice under ORS 540.576, a protest...
• 540.580   Permanent transfer of place of use of water within district; requirements; procedure.
  (1) In accordance with this section, a district may by petition request that the Water Resources Department approve the permanent transfer of the place of...
• 540.585   Temporary transfers within Deschutes River Basin; procedure; fee.
  (1) In accordance with the provisions of this section, a person may request that the Water Resources Department approve the temporary transfer of the place...
• 540.587   Report on implementation of temporary transfer provisions.
  The Water Resources Department shall submit a report, in the manner provided in ORS 192.245, that shall include a summary of the features of the...
• 540.610   Use as measure of water right; forfeiture for nonuse; confirmation of rights of municipalities.
  (1) Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this state. Whenever the...
• 540.612   Exemption from forfeiture.
  If a district, as defined in ORS 540.505, petitions for a transfer as provided in ORS 540.574 no later than the end of the calendar...
• 540.615   [1961 c.140 §1; 1987 c.339 §5; repealed by 1989 c.699 §4]
• 540.620   [Repealed by 1955 c.671 §1]
• 540.621   Cancellation of abandoned water right upon request of owner.
  Whenever the owner of a perfected and developed water right certifies under oath to the Water Resources Commission that the water right has been abandoned...
• 540.630   [Repealed by 1955 c.671 §1]
• 540.631   Cancellation of forfeited water right; notice.
  Whenever it appears to the satisfaction of the Water Resources Commission upon the commission’s own determination or upon evidence submitted to the commission by any...
• 540.640   [Repealed by 1955 c.671 §1]
• 540.641   Protest of cancellation; procedure.
  (1) If the legal owner or the occupant receiving notice as provided in ORS 540.631 fails to protest the proposed cancellation of the water right...
• 540.650   Issuance of new water right certificate for water rights not canceled.
  If the order of the Water Resources Commission or the final decree on the appeal therefrom under ORS 540.641 cancels in part or modifies the...
• 540.660   Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate; procedures for cancellation of right.
  (1) If a watermaster has reason to believe that circumstances exist that prevent a water right from being exercised according to the terms and conditions...
• 540.670   Effect of cancellation of primary water right on supplemental right; change from supplemental to primary right; priority date.
  (1) The cancellation of a primary water right for nonuse under ORS 540.641 shall not also cancel a supplemental water right unless the supplemental water...
• 540.710   Interference with headgate, or use of water denied by watermaster or other authority; evidence of guilt.
  No person shall willfully open, close, change or interfere with any lawfully established headgate or water box without authority, or willfully use water or conduct...
• 540.720   Unauthorized use or waste of water; evidence of guilt of user.
  No person shall use without authorization water to which another person is entitled, or willfully waste water to the detriment of another. The possession or...
• 540.730   Obstruction interfering with access to or use of works.
  Whenever any appropriator of water has the lawful right of way for the storage, diversion, or carriage of water, no person shall place or maintain...
• 540.740   Injunctive relief against action of watermaster.
  Any person who may be injured by the action of any watermaster may appeal to the circuit court for an injunction. The injunction shall only...
• 540.750   Injunction suits; notice; hearing.
  In suits for injunction affecting the use of water from streams upon which the rights to water have been determined, no restraining order shall be...
• 540.990   Penalties.
  (1) Violation of any provision of ORS 540.440 is punishable, upon conviction, by a fine of not less than $25 nor more than $150, together...

Last modified: August 7, 2008