Oregon Law
Law as of Jan 1, 2024
Chapter contents
540.010Water districts; creation; purposes 540.020Watermasters; appointment; removal; powers of Water Resources Director 540.030Water Resources Director; duties regarding water distribution 540.040[Amended by 1953 c.395 §3; 1957 c.341 §10; 1963 c.410 §1; repealed by 1985 c.421 §17] 540.045Watermaster duties 540.050Appearance of district attorney 540.060Arrest by watermaster; complaint against offender 540.070[Repealed by 1957 c.546 §8] 540.071[1957 c.546 §2; 1961 c.636 §1; 1963 c.410 §2; repealed by 1985 c.421 §17] 540.075Office and equipment for watermaster 540.080Assistant watermasters; compensation and expenses; termination 540.090[Amended by 1957 c.546 §4; 1961 c.636 §3; 1979 c.18 §1; repealed by 1985 c.421 §17] 540.100Division of water among users; payment 540.110[Amended by 1981 c.897 §58; repealed by 1985 c.421 §17] 540.120Lien for wages and expense; notice; foreclosure 540.130Advance payment 540.135Disposition of funds collected under ORS 540.100 to 540.130 and 540.220 540.140Insufficiency of water; preference of uses 540.145Distribution of water; rules; applicability 540.150Rotation in water use; notice 540.155Periodic review and report regarding department program for Deschutes Basin ground water study area 540.210Distribution from ditch or reservoir 540.220Payment of assistant watermaster 540.230Distribution of waste or seepage water; payment 540.240Lien for wages and expense; property subject to lien; monthly payment 540.250Lien, notice of intent to claim; foreclosure; attorney fees 540.260Lien for wages and expense; enforcement; remedy not exclusive 540.270Distribution from irrigation districts and improvement companies; applicability of ORS 540.210 to 540.260 540.310Ditches and canals; headgates; measuring devices; flumes along lines of ditches 540.320Noncompliance with requirements; effect 540.330Reservoirs; measuring devices; effect of noncompliance 540.340Reservoir and diversion dam; suitable outlet; effect of noncompliance 540.350[Amended by 1981 c.210 §1; 1985 c.673 §88; 1991 c.249 §51; repealed by 2019 c.390 §27] 540.353[2017 c.723 §2; repealed by 2019 c.390 §27] 540.355Inspection, evaluation and assessment of hydraulic structures 540.360[Amended by 1975 c.581 §26a; 1981 c.210 §2; 1985 c.673 §89; repealed by 2019 c.390 §27] 540.370[Amended by 1985 c.673 §90; repealed by 2019 c.390 §27] 540.380[Amended by 1985 c.673 §91; repealed by 2019 c.390 §27] 540.390[Amended by 1985 c.673 §92; repealed by 2019 c.390 §27] 540.400[Repealed by 2019 c.390 §27] 540.410Delivery of reservoir water; notice to watermaster; adjustment of headgates; expenses; payment 540.420Jointly owned ditches; performance by co-owner; recovery for default 540.430Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery 540.435Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order 540.440Owner to clear weeds from ditch right of way 540.443Definitions for ORS 540.443 to 540.491 540.446Dams not subject to ORS 540.443 to 540.491 540.449Construction plan approval; fees; rules 540.452Removal plan approval 540.455Dam inspections and analysis 540.458Notice for owner corrective action to address safety issues 540.461Plan and time frame for corrective action; hearing; proposed and final orders 540.464Examinations, inspections and reports by specialists 540.467Owner action to address maintenance issues; hearing; proposed and final orders; penalty 540.470Contested case hearings 540.473Application for injunction 540.476Action to declare dam public nuisance 540.479Dam owner responsibilities 540.482Emergency action plan for dam with high hazard rating 540.485Actual or potential dam failure 540.488Water Resources Commission duties and powers; rules 540.491Dam owner or operator liability 540.505Definitions 540.510Appurtenancy 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 540.520Application for change of use, place of use or point of diversion; public notice; protest; hearing; exemptions 540.523Temporary transfer of water right or permit; terms; revocation; status of supplemental water right or permit 540.524Substitution of supplemental water right from ground water source for primary water right from surface water source; application; fee 540.525Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion 540.530Order authorizing change of use, place of use or point of diversion; consent to injury; new or modified certificate 540.531Transfer of surface water point of diversion to ground water; requirements; priority; mitigation measures; return to surface water diversion; rules 540.532Request for change in point of diversion to reflect historical use; requirements 540.533Application for exchange of water 540.535Notice of application for exchange 540.537Order allowing exchange; order terminating exchange 540.539Exchange subject to beneficial use requirements 540.540[Renumbered 540.545 in 1987] 540.541Delivery and use of water under exchange 540.543Regulation of headgates when water provided by exchange 540.545Transfer of water rights following county acquisition of land 540.560Order changing description of land to which water right is appurtenant; limitation; purpose; hearing; effect of final order 540.570Temporary transfers within districts; procedure; fee 540.572Application of certificated water elsewhere within district; notice 540.574Petition for approval of transfer 540.576Notice of petition; protest; user rights 540.578Filing of protest; hearing on proposed transfer 540.580Permanent transfer of place of use of water within district; requirements; procedure 540.585Temporary transfers within Deschutes River Basin; procedure; fee 540.587Report on implementation of temporary transfer provisions 540.589Ratification of prior transfer of water rights to irrigation district 540.610Use as measure of water right; forfeiture for nonuse; confirmation of rights of municipalities 540.612Exemption from forfeiture 540.615[1961 c.140 §1; 1987 c.339 §5; repealed by 1989 c.699 §4] 540.620[Repealed by 1955 c.671 §1] 540.621Cancellation of abandoned water right upon request of owner 540.630[Repealed by 1955 c.671 §1] 540.631Cancellation of forfeited water right; notice 540.640[Repealed by 1955 c.671 §1] 540.641Protest of cancellation; procedure 540.650Issuance of new water right certificate for water rights not canceled 540.660Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate; procedures for cancellation of right 540.670Effect of cancellation of primary water right on supplemental right; change from supplemental to primary right; priority date 540.710Interference with headgate, or use of water denied by watermaster or other authority; evidence of guilt 540.720Unauthorized use or waste of water; evidence of guilt of user 540.730Obstruction interfering with access to or use of works 540.740Injunctive relief against action of watermaster 540.750Injunction suits; notice; hearing 540.990Criminal penalties 540.995Civil penalties

Chapter 540 — Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures

ORS 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 reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable outlet in the reservoir or diversion dam which will allow the free passage of the natural flow of the stream. The commission shall determine what constitutes a suitable outlet.

(2)

If any owner or manager of a reservoir or diversion dam refuses or neglects to construct or put in such outlet in the reservoir or diversion dam after 10 days’ notice by the commission, the commission may close the ditch carrying water from the reservoir or diversion dam and it shall not be opened or any water diverted from the reservoir or diversion dam, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the commission regarding such outlet have been complied with.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.