ORS Chapter 540

Chapter 540 — Distributionof Water; Watermasters; Change in Use; Transfer or Forfeiture of Water Rights

2009 EDITION

CHANGESIN USE OR TRANSFER OF RIGHTS

WATERLAWS

WATERDISTRICTS; WATERMASTERS; DISTRIBUTION OF WATER GENERALLY

540.010 Waterdistricts; creation; purposes

540.020 Watermasters;appointment; removal; powers of Water Resources Director

540.030 WaterResources Director; duties regarding water distribution

540.045 Watermasterduties

540.050 Appearanceof district attorney

540.060 Arrestby watermaster; complaint against offender

540.075 Officeand equipment for watermaster

540.080 Assistantwatermasters; compensation and expenses; termination

540.100 Divisionof water among users; payment

540.120 Lienfor wages and expense; notice; foreclosure

540.130 Advancepayment

540.135 Dispositionof funds collected under ORS 540.100 to 540.130 and 540.220

540.140 Insufficiencyof water; preference of uses

540.145 Distributionof water; rules; applicability

540.150 Rotationin water use; notice

DISTRIBUTIONOF WATER FROM IRRIGATION DITCHES AND RESERVOIRS

540.210 Distributionfrom ditch or reservoir

540.220 Paymentof assistant watermaster

540.230 Distributionof waste or seepage water; payment

540.240 Lienfor wages and expense; property subject to lien; monthly payment

540.250 Lien,notice of intent to claim; foreclosure; attorney fees

540.260 Lienfor wages and expense; enforcement; remedy not exclusive

540.270 Distributionfrom irrigation districts and improvement companies; applicability of ORS540.210 to 540.260

HYDRAULICWORKS AND STRUCTURES; MEASURING DEVICES; DITCH RIGHT OF WAY

540.310 Ditchesand canals; headgates; measuring devices; flumes along lines of ditches

540.320 Noncompliancewith requirements; effect

540.330 Reservoirs;measuring devices; effect of noncompliance

540.340 Reservoirand diversion dam; suitable outlet; effect of noncompliance

540.350 Dams,dikes and other hydraulic works; examination and approval by commission;responsibility of owners; inspections; modification of works; hearing

540.360 Orderto modify

540.370 Enforcingcompliance with order or decree

540.380 Reportsof consultants; payment

540.390 Inspectionof dam, dike or hydraulic structure; expenses; deposit by applicant; payment byowner of works; lien

540.400 Applicabilityof ORS 540.350 to 540.390

540.410 Deliveryof reservoir water; notice to watermaster; adjustment of headgates; expenses;payment

540.420 Jointlyowned ditches; performance by co-owner; recovery for default

540.430 Nonpaymentby ditch co-owner; lien on interest; foreclosure; stoppage of water delivery

540.435 Installationof totalizing measuring device; annual water use report; hearing; effect offailure to comply with order

540.440 Ownerto clear weeds from ditch right of way

CHANGESIN USE OF WATER; TRANSFER OF WATER RIGHTS; EXCHANGE

540.505 Definitions

540.510 Appurtenancyof water to premises; restrictions on change of use, place of use or point ofdiversion; application for transfer of primary and supplemental water rights;right to use conserved water

540.520 Applicationfor change of use, place of use or point of diversion; public notice; protest;hearing; exemptions

540.523 Temporarytransfer of water right or permit; terms; revocation; status of supplementalwater right or permit

540.524 Substitutionof supplemental water right from ground water source for primary water rightfrom surface water source; application; fee

540.525 Installationof fish screening or by-pass device as prerequisite for transfer of point ofdiversion

540.530 Orderauthorizing change of use, place of use or point of diversion; consent toinjury; new or modified certificate

540.531 Transferof surface water point of diversion to ground water; requirements; priority;mitigation measures; return to surface water diversion; rules

540.532 Requestfor change in point of diversion to reflect historical use; requirements

540.533 Applicationfor exchange of water; fee

540.535 Noticeof application for exchange

540.537 Orderallowing exchange; order terminating exchange

540.539 Exchangesubject to beneficial use requirements

540.541 Deliveryand use of water under exchange

540.543 Regulationof headgates when water provided by exchange

540.545 Transferof water rights following county acquisition of land

540.550 Ratificationof prior transfer of water rights to irrigation district

540.560 Orderchanging description of land to which water right is appurtenant; limitation;purpose; hearing; effect of final order

540.570 Temporarytransfers within districts; procedure; fee

(Temporaryprovisions relating to transferred water use pilot project are compiled asnotes following ORS 540.570)

540.572 Applicationof certificated water elsewhere within district; notice

540.574 Petitionfor approval of transfer

540.576 Noticeof petition; protest; user rights

540.578 Filingof protest; hearing on proposed transfer

540.580 Permanenttransfer of place of use of water within district; requirements; procedure

540.585 Temporarytransfers within Deschutes River Basin; procedure; fee

540.587 Reporton implementation of temporary transfer provisions

FORFEITUREOF WATER RIGHTS

540.610 Useas measure of water right; forfeiture for nonuse; confirmation of rights ofmunicipalities

540.612 Exemptionfrom forfeiture

540.621 Cancellationof abandoned water right upon request of owner

540.631 Cancellationof forfeited water right; notice

540.641 Protestof cancellation; procedure

540.650 Issuanceof new water right certificate for water rights not canceled

540.660 Affidavitof watermaster that circumstances prevent use of water right in accordance withterms of certificate; procedures for cancellation of right

540.670 Effectof cancellation of primary water right on supplemental right; change fromsupplemental to primary right; priority date

PROHIBITEDACTS; INJUNCTIONS

540.710 Interferencewith headgate, or use of water denied by watermaster or other authority;evidence of guilt

540.720 Unauthorizeduse or waste of water; evidence of guilt of user

540.730 Obstructioninterfering with access to or use of works

540.740 Injunctiverelief against action of watermaster

540.750 Injunctionsuits; notice; hearing

PENALTIES

540.990 Penalties

WATERDISTRICTS; WATERMASTERS; DISTRIBUTION OF WATER GENERALLY

540.010Water districts; creation; purposes. The Water Resources Commission shalldivide the state into water districts, which shall be so constituted as tosecure the best protection to the claimants for water and the most economicalsupervision on the part of the state. Water districts shall not be createduntil necessary. [Amended by 1985 c.673 §82]

540.020Watermasters; appointment; removal; powers of Water Resources Director. (1) The WaterResources Director shall appoint one watermaster for each water district. Thewatermaster shall hold office until removed by the director, and shall besubject to any applicable provision of the State Personnel Relations Law. Thedirector shall fill all vacancies which occur in the office.

(2)The director, or any duly authorized assistant, shall have the powers andauthority of a watermaster in the distribution of water in any water district. [Amendedby 1985 c.421 §5]

540.030Water Resources Director; duties regarding water distribution. The Water ResourcesDirector shall:

(1)Have general control over the watermasters.

(2)Execute the laws relative to the distribution of water and perform otherfunctions as may be assigned to the director. [Amended by 1953 c.395 §3; 1985c.673 §82a]

540.040 [Amended by1953 c.395 §3; 1957 c.341 §10; 1963 c.410 §1; repealed by 1985 c.421 §17]

540.045Watermaster duties.(1) Each watermaster shall:

(a)Regulate the distribution of water among the various users of water from anynatural surface or ground water supply in accordance with the users’ existingwater rights of record in the Water Resources Department.

(b)Upon the request of the users, distribute water among the various users underany partnership ditch, pipeline or well or from any reservoir, in accordancewith the users’ existing water rights of record in the department.

(c)Divide the waters of the natural surface and ground water sources and othersources of water supply among the canals, ditches, pumps, pipelines andreservoirs taking water from the source for beneficial use, by regulating,adjusting and fastening the headgates, valves or other control works at theseveral points of diversion of surface water or the several points ofappropriation of ground water, according to the users’ relative entitlements towater.

(d)Attach to the headgate, valve or other control works the watermaster regulatesunder paragraph (c) of this subsection, a written notice dated and signed bythe watermaster, setting forth that the headgate, valve or other control workshas been properly regulated and is wholly under t