Oregon Law
Law as of Jan 1, 2024
Chapter contents
541.010Furnishing of water for certain purposes declared to be a public use; rates; amendment of law 541.020Construction of ditches and canals by corporation; route across lands 541.030Ditches and canals across state lands; grant of right of way 541.040Headgate; mode of construction 541.050Leakage or overflow; liability; exception 541.055District liability for seepage and leakage from water or flood control works; limitation on commencement of action 541.060Waste of water; flooding premises; unnecessary diversion 541.070Ditches, canals and flumes as real estate 541.080Suits involving water rights; parties; decree as to priorities 541.110Use of water to develop mineral resources and furnish power 541.120Ditches and canals through lands; use of existing ditch by others than owner; joint liability 541.130Right of way for ditches across state lands 541.210[Repealed by 1953 c.328 §2] 541.220Survey of stream system; delivery of data to Attorney General; suits for determination of water rights 541.230State lands within irrigated area; restrictions on sale; conveyance of lands needed by United States 541.240Right of way for ditches and canals; reservation in conveyances 541.250Cession to United States not rescinded 541.310Suits for determination of rights; parties; survey of stream; disbursements 541.320Decrees adjudicating rights; filing; statement as to matters adjudicated 541.325Definitions for ORS 541.327 to 541.333 541.327Failure or refusal of district to act; joint applications; eligible participants 541.329Petition for approval of district map; contents; notice to users; corrections 541.331Protest against approval of petition; hearing; issuance of water right certificate; land subject to inclusion 541.333Application for change of place of use, point of diversion or use; contents; form of map 541.345[Formerly 536.600; repealed by 1999 c.1026 §29] 541.347[1993 c.601 §1; repealed by 1999 c.1026 §3 (541.353 enacted in lieu of 541.347)] 541.350[1987 c.734 §1; 1995 c.187 §1; repealed by 1999 c.1026 §1 (541.351 enacted in lieu of 541.350)] 541.351[1999 c.1026 §2 (enacted in lieu of 541.350); 2011 c.643 §7; renumbered 541.890 in 2011] 541.353[1999 c.1026 §4 (enacted in lieu of 541.347); renumbered 541.895 in 2011] 541.355[1987 c.734 §2; 1995 c.187 §2; 1999 c.1026 §20; repealed by 2001 c.841 §5] 541.360[1987 c.734 §3; 1995 c.187 §3; 1999 c.1026 §8; 2011 c.643 §20; renumbered 541.900 in 2011] 541.362[1999 c.1026 §9; renumbered 541.902 in 2011] 541.363[1999 c.1026 §10; renumbered 541.904 in 2011] 541.365[1987 c.734 §5; 2001 c.841 §3a; 2001 c.842 §1; renumbered 541.920 in 2011] 541.368[1999 c.1026 §6; renumbered 541.918 in 2011] 541.370[1987 c.734 §6; 1995 c.187 §4; 1997 c.8 §8; 1999 c.59 §174; 1999 c.1026 §11; 2001 c.708 §15; 2011 c.643 §21; renumbered 541.926 in 2011] 541.371[1999 c.1026 §12; 2011 c.643 §18; renumbered 541.929 in 2011] 541.372[1991 c.657 §2; renumbered 541.949 in 2011] 541.373[2003 c.452 §3; 2011 c.643 §17; renumbered 541.950 in 2011] 541.375[1987 c.734 §7; 1989 c.171 §71; 1995 c.187 §5; 1997 c.7 §8; 1999 c.1026 §13; 2011 c.643 §§22,30a; renumbered 541.932 in 2011] 541.376[2001 c.645 §2; 2011 c.643 §23; renumbered 541.960 in 2011] 541.377[1999 c.1026 §7; 2003 c.14 §346; 2011 c.643 §1; renumbered 541.940 in 2011] 541.378[1999 c.1026 §7a; 2007 c.217 §6; repealed by 2011 c.643 §25] 541.379[1999 c.1026 §7b; 2011 c.643 §26; renumbered 541.953 in 2011] 541.380[1987 c.734 §8; 1997 c.7 §9; 1999 c.270 §5; 1999 c.1026 §14; 2001 c.708 §16; renumbered 541.396 in 2001] 541.381[2001 c.708 §13; 2007 c.608 §3; renumbered 541.937 in 2011] 541.382[Formerly 541.385; repealed by 1999 c.1026 §29] 541.384[1993 c.601 §2; 1995 c.187 §6; renumbered 541.923 in 2011] 541.385[1987 c.734 §4; renumbered 541.382 in 1995] 541.386Dams and use of water for hydroelectric generation on North Umpqua prohibited; exceptions 541.388[1993 c.601 §3; 1995 c.187 §7; 1999 c.300 §1; renumbered 541.910 in 2011] 541.390[1987 c.734 §9; 2001 c.104 §228; renumbered 541.912 in 2011] 541.392[Formerly 541.400; 1999 c.1026 §15; 2011 c.643 §24; renumbered 541.963 in 2011] 541.393Responsibility of government entity for repair or maintenance costs of dams on North Umpqua 541.395[1987 c.734 §10; renumbered 541.965 in 2011] 541.396[Formerly 541.380; 2007 c.354 §19; renumbered 541.906 in 2011] 541.397[1997 c.8 §4; 1999 c.1026 §15b; 2011 c.643 §28; renumbered 541.954 in 2011] 541.399[1997 c.8 §5; 1999 c.1026 §16; repealed by 2011 c.643 §15] 541.400[1993 c.601 §4; 1995 c.187 §8; renumbered 541.392 in 1997] 541.401[1997 c.8 §6; 2011 c.643 §14; renumbered 541.958 in 2011] 541.403[1997 c.8 §7; repealed by 1999 c.1026 §29] 541.405[1997 c.7 §1; 1999 c.270 §3; 1999 c.1026 §5; 2001 c.841 §4; 2003 c.452 §1; 2007 c.354 §20; renumbered 541.898 in 2011] 541.407[1997 c.7 §4; 1999 c.244 §1; 1999 c.270 §6; 1999 c.1026 §21; 2007 c.354 §21; repealed by 2011 c.272 §25] 541.409[1997 c.7 §5; 1999 c.270 §7; 1999 c.1026 §22; 2007 c.354 §22; renumbered 541.914 in 2011] 541.410[Renumbered 541.430 in 1997] 541.411[1997 c.7 §10; 1999 c.270 §8; 2007 c.354 §23; renumbered 541.916 in 2011] 541.413[1997 c.7 §13; 1999 c.270 §9; 1999 c.1026 §23; 2007 c.354 §24; renumbered 541.967 in 2011] 541.415[1999 c.1026 §17; renumbered 541.935 in 2011] 541.420[2001 c.841 §1; 2007 c.354 §25; renumbered 541.972 in 2011] 541.423[2003 c.539 §31; 2007 c.608 §4; renumbered 541.973 in 2017] 541.425[2007 c.608 §1; renumbered 541.974 in 2017] 541.426[2007 c.608 §2; renumbered 541.975 in 2017] 541.430Use of machinery by riparian owner to raise water; prior rights of others 541.450Definitions for ORS 541.450 to 541.460 541.455Splash dams unlawful 541.460Abatement proceedings by Attorney General 541.510Authority of Water Resources Commission to require signs warning public of stream level fluctuation 541.515Notice by commission when hazard created by release of stored water 541.520Procedure when owner or operator of structure fails to request hearing; order regulating release of water 541.525Hearing upon request of owner or operator of structure; notice and conduct of hearing 541.530Order of commission regulating release of water 541.535Installation of automatic stream level recording devices 541.540Procedure in emergency when release of water essential 541.545Compliance with orders of commission; enforcement 541.550[1987 c.855 §3; 1989 c.904 §69; renumbered 196.600 in 1989] 541.551Requirements for providers of water project support 541.555[1987 c.855 §2; renumbered 196.605 in 1989] 541.557[1987 c.855 §7; renumbered 196.610 in 1989] 541.560[1987 c.855 §8; renumbered 196.615 in 1989] 541.561Establishment of grant program; direct service cost payment; limitations; project evaluation 541.565[1987 c.855 §9; renumbered 196.620 in 1989] 541.566Planning studies eligible for grants or direct service cost payments 541.567[1987 c.855 §10; renumbered 196.625 in 1989] 541.570[1987 c.855 §12; renumbered 196.630 in 1989] 541.575[1987 c.855 §13; renumbered 196.635 in 1989] 541.576Water Conservation, Reuse and Storage Investment Fund 541.577[1987 c.855 §4; 1989 c.966 §60; renumbered 196.640 in 1989] 541.580[1987 c.855 §6; renumbered 196.645 in 1989] 541.581Rules for grant and direct service cost payment program 541.585[1987 c.855 §5; renumbered 196.650 in 1989] 541.587[1987 c.855 §11; renumbered 196.655 in 1989] 541.590[1987 c.855 §19; renumbered 196.660 in 1989] 541.595[1987 c.855 §1a; renumbered 196.665 in 1989] 541.600[2009 c.907 §18; repealed by 2013 c.784 §40] 541.605[1967 c.567 §2; 1971 c.509 §4; 1971 c.754 §1; 1973 c.330 §1; 1973 c.674 §1; 1977 c.417 §2; 1977 c.418 §1; 1979 c.564 §1; 1989 c.837 §4; renumbered 196.670 and then 196.800 in 1989] 541.606[2009 c.907 §16; repealed by 2013 c.784 §40] 541.610[1967 c.567 §1; 1971 c.754 §2; 1973 c.330 §2; 1973 c.674 §2; 1977 c.418 §2; 1979 c.564 §2; renumbered 196.675 and then 196.805 in 1989] 541.611[2009 c.907 §19; repealed by 2013 c.784 §40] 541.615[1967 c.567 §3; 1971 c.754 §3; 1989 c.837 §15; renumbered 196.680 and then 196.810 in 1989] 541.616[2009 c.907 §21; 2009 c.907 §42; repealed by 2013 c.784 §40] 541.620[1967 c.567 §4; 1969 c.338 §4; 1971 c.754 §4; 1973 c.674 §3, 1977 c.418 §3; 1977 c.564 §6; 1989 c.1039 §1; renumbered 196.685 and then 196.815 in 1989] 541.621[2009 c.907 §22; repealed by 2013 c.784 §40] 541.622[1977 c.120 §2; 1987 c.160 §1; renumbered 196.690 and then 196.820 in 1989] 541.625[1967 c.567 §5; 1969 c.593 §49; 1971 c.754 §5; 1973 c.330 §3; 1973 c.674 §6; 1977 c.417 §1; 1979 c.200 §1; 1979 c.564 §3a; 1981 c.796 §1; 1987 c.70 §1; 1989 c.837 §16; 1989 c.904 §70; renumbered 196.695 and then 196.825 in 1989] 541.626[1979 c.564 §5; 1981 c.796 §2; 1983 c.827 §56; 1989 c.837 §5; renumbered 196.700 and then 196.830 in 1989] 541.627[1973 c.674 §5; 1979 c.564 §6; renumbered 196.705 and then 196.835 in 1989] 541.630[1967 c.567 §6; 1971 c.754 §6; 1973 c.330 §4; 1973 c.674 §7; 1981 c.796 §3; renumbered 196.710 and then 196.840 in 1989] 541.631[2009 c.907 §23; 2009 c.907 §30; repealed by 2013 c.784 §40] 541.635[1967 c.567 §7; 1971 c.754 §7; renumbered 196.715 and then 196.845 in 1989] 541.636[2009 c.907 §24; repealed by 2013 c.784 §40] 541.640[1967 c.567 §8; 1971 c.754 §8; 1973 c.330 §5; 1973 c.674 §8; 1981 c.796 §4; repealed by 1989 c.837 §8 (196.718 enacted in lieu of 541.640)] 541.641[2009 c.907 §27; 2009 c.907 §43; repealed by 2013 c.784 §40] 541.645[1967 c.567 §9; 1971 c.754 §9; 1989 c.837 §17; renumbered 196.720 and then 196.855 in 1989] 541.646[2009 c.907 §28; repealed by 2013 c.784 §40] 541.650[1967 c.567 §10; 1971 c.754 §10; 1973 c.330 §6; 1973 c.674 §9; 1985 c.414 §1; 1989 c.837 §18; renumbered 196.725 and then 196.860 in 1989] 541.651Definitions for ORS 541.651 to 541.696 541.653Purpose and application of ORS 541.651 to 541.696 541.655[1967 c.567 §11; 1971 c.754 §11; 1973 c.330 §7; 1973 c.674 §10; 1985 c.414 §2; renumbered 196.730 and then 196.865 in 1989] 541.656Water Supply Development Account 541.657Exemptions for certain expenditures of moneys from Water Supply Development Account 541.659Loan and grant applicants 541.660[1967 c.567 §12; 1973 c.330 §8; 1973 c.674 §11; 1979 c.284 §166; 1985 c.414 §3; renumbered 196.735 and then 196.870 in 1989] 541.662[Enacted by 1973 c.330 §10 and 1973 c.674 §13; 1985 c.545 §7; renumbered 196.740 and then 196.875 in 1989] 541.663Preapplication conferences 541.665[1971 c.754 §14; renumbered 196.745 and then 196.880 in 1989] 541.666Form and contents of loan or grant applications 541.669Scoring and ranking of projects; funding decisions; rules 541.670[1985 c.545 §6; 1987 c.855 §16; 1989 c.837 §22; renumbered 196.750 and then 196.885 in 1989] 541.673Evaluation for public benefits of project 541.675[1985 c.545 §3; renumbered 196.755 and then 196.890 in 1989] 541.677Target outcomes for scoring and ranking criteria 541.680[1985 c.545 §4; renumbered 196.760 and then 196.895 in 1989] 541.681Conditions of grants for developing certain types of above-ground storage facilities 541.683Demonstration of public benefits of project 541.685[1985 c.545 §5; renumbered 196.765 and then 196.900 in 1989] 541.686Protection of project water dedicated to in-stream use 541.689Projects requiring determination of seasonally varying flows; methodology 541.692Permits; requirements for project operation 541.695[1971 c.754 §12; 1977 c.417 §3; 1989 c.837 §19; renumbered 196.770 and then 196.905 in 1989] 541.696Standards for security of loans from account; rules 541.700Definitions for ORS 541.700 to 541.855 541.703Project applications; preference for approval 541.705Project applications; contents 541.710Processing project application; fee 541.715Applicant authorized to obtain private planning, engineering and construction services 541.720Conditions for project application approval 541.725[2009 c.907 §2; repealed by 2013 c.784 §40] 541.730Loan contract; repayment plan 541.735Payment of funds by State Treasurer pursuant to loan contract 541.740Liens and other loan security; foreclosure; rules 541.741Recovery of certain interest amounts 541.745Remedies of commission when water developer fails to comply with contract 541.750Repayment of moneys to Water Development Administration and Bond Sinking Fund 541.755[1977 c.246 §14; 1991 c.944 §7; 1995 c.79 §304; repealed by 2009 c.907 §15] 541.756Projects obtaining other funds for construction; repayment of funds loaned by state 541.760Reduction of loan amount when secondary use funding available 541.765Authorization for loans for certain federal projects 541.770Federal project loan contract terms; foreclosure 541.780Bonds to provide project financing 541.785Disposition and use of bond proceeds 541.790[1977 c.246 §21; repealed by 1981 c.660 §18] 541.795[1977 c.246 §22; 1981 c.166 §6; repealed by 1981 c.660 §18] 541.800Payment of bond principal and interest from Water Development Administration and Bond Sinking Fund 541.805[1977 c.246 §24; repealed by 1981 c.660 §18] 541.810[1977 c.246 §25; repealed by 1981 c.660 §18] 541.815Limitation on bond issuance amount 541.830Water Development Administration and Bond Sinking Fund; sources; use; Governor’s approval 541.835Water Development Fund; use 541.840Emergency Board request for funds to pay administrative expenses; repayment of board allocations 541.845Rules 541.850Commission acceptance of gifts or grants 541.855Biennial report to Legislative Assembly and Governor 541.875[1981 c.151 §2; 1983 c.652 §2; 1985 c.673 §129; 1991 c.479 §1; renumbered 541.386 in 2017] 541.880[1991 c.479 §2; renumbered 541.393 in 2017] 541.890Definitions for ORS 541.890 to 541.969 541.895Legislative findings; principles of Oregon Plan; policy 541.898Oregon Plan described; goals; elements; Governor to negotiate with federal government 541.900Oregon Watershed Enhancement Board; officers; qualifications 541.902Executive director of Oregon Watershed Enhancement Board; appointment 541.904Authority of executive director to enter into interagency agreements 541.906Rules 541.910Voluntary local watershed councils 541.912Duties of Natural Resources Division 541.914[Formerly 541.409; repealed by 2015 c.771 §6] 541.916Responsibilities of state agency participating in Oregon Plan 541.918Implementation of grant programs 541.920[Formerly 541.365; repealed by 2017 c.14 §7] 541.923Watershed management program; project funding; high priority watersheds 541.926Duties of board; grant program; advisory committees 541.929Duties of board; integrated watershed planning framework; expenditures 541.932Watershed enhancement project assistance; criteria for funding approval; acquisition of interest in land or water 541.934Grant recipient liability insurance 541.935Oregon Plan for Salmon and Watersheds Legal Fund; sources; uses 541.936Watershed Natural Climate Solutions Fund 541.937Flexible Incentives Account; sources; uses 541.940Parks and Natural Resources Fund 541.942Natural Resources Subaccount 541.945Watershed Conservation Operating Fund; purposes 541.947Watershed Conservation Grant Fund 541.949Authority of board to accept moneys; disposition 541.950Authority of Governor to accept moneys; disposition 541.953[Formerly 541.379; repealed by 2011 c.643 §27] 541.954[Formerly 541.397; repealed by 2011 c.643 §29] 541.956Watershed Conservation Grant Fund purposes 541.958Criteria for project receiving moneys from Watershed Conservation Grant Fund 541.960Title restrictions on land purchased through grant agreement; rules 541.963Oregon Watershed Enhancement Board report to Legislative Assembly 541.965[Formerly 541.395; repealed by 2017 c.14 §7] 541.967Agency report to legislative committee prior to adjustment of expenditure limitation or additional funding related to Oregon Plan 541.969Report to Legislative Assembly by state agencies receiving subaccount moneys 541.972Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan 541.973Stewardship agreements; contents; procedures for adoption; rules 541.974Stewardship Agreement Grant Fund 541.975Criteria for funding projects from Stewardship Agreement Grant Fund 541.977Definitions for ORS 541.977 to 541.989 541.978Oregon Agricultural Heritage Fund 541.979Expenditures from Oregon Agricultural Heritage Fund 541.981Conservation management plans for working lands; plan requirements 541.982Working land conservation covenants and easements; requirements 541.984Grant programs; technical committees; rules 541.986Oregon Agricultural Heritage Commission 541.987Commission organization and membership 541.988Commission rules; advisory or technical committees 541.989Commission duties; rules 541.990Penalties

Chapter 541 — Water Distributors; Water Releases; Conservation and Storage; Water Development Projects; Watershed Management and Enhancement

ORS 541.070 Ditches, canals and flumes as real estate

All ditches, canals and flumes permanently affixed to the soil, constructed under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, are declared to be real estate, and the same or any interest therein shall be transferred by deed only, duly witnessed and acknowledged. The vendee of the same, or any interest therein, at any stage shall succeed to all the rights of the vendor, and shall be subject to the same liabilities during ownership.

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.