(2) The notice filed under subsection (1) of this section shall:
(a) Be verified and subscribed by the watermaster or assistant;
(b) Specify the particular items of wages and expense for which the lien is claimed;
(c) Describe the lands of each water user upon which the lien is claimed; and
(d) Set forth the name of the ditch, pipeline or reservoir and the name of the owner or reputed owner of the lands and ditch, pipeline or reservoir against which the lien is claimed.
(3) The lien shall be filed within 60 days from the completion of distribution. Suit to foreclose the lien shall be brought in the circuit court of the county in which all or part of the lands, ditch, pipeline or reservoir, or any part, are situated, within six months from the date of filing the notice.
(4) The lien shall be foreclosed in the manner provided by law for the foreclosure of liens against real property. The court may award reasonable attorney fees to the prevailing party in an action to foreclose a lien under this section. [Amended by 1981 c.897 §59; 1985 c.421 §15; 1995 c.618 §81]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Section 540.020 - Watermasters; appointment; removal; powers of Water Resources Director.
Section 540.030 - Water Resources Director; duties regarding water distribution.
Section 540.045 - Watermaster duties.
Section 540.075 - Office and equipment for watermaster.
Section 540.080 - Assistant watermasters; compensation and expenses; termination.
Section 540.100 - Division of water among users; payment.
Section 540.120 - Lien for wages and expense; notice; foreclosure.
Section 540.145 - Distribution of water; rules; applicability.
Section 540.210 - Distribution from ditch or reservoir.
Section 540.220 - Payment of assistant watermaster.
Section 540.250 - Lien, notice of intent to claim; foreclosure; attorney fees.
Section 540.260 - Lien for wages and expense; enforcement; remedy not exclusive.
Section 540.310 - Ditches and canals; headgates; measuring devices; flumes along lines of ditches.
Section 540.330 - Reservoirs; measuring devices; effect of noncompliance.
Section 540.340 - Reservoir and diversion dam; suitable outlet; effect of noncompliance.
Section 540.355 - Inspection, evaluation and assessment of hydraulic structures.
Section 540.443 - Definitions for ORS 540.443 to 540.491.
Section 540.446 - Dams not subject to ORS 540.443 to 540.491.
Section 540.449 - Construction plan approval; fees; rules.
Section 540.452 - Removal plan approval.
Section 540.455 - Dam inspections and analysis.
Section 540.458 - Notice for owner corrective action to address safety issues.
Section 540.461 - Plan and time frame for corrective action; hearing; proposed and final orders.
Section 540.473 - Application for injunction.
Section 540.479 - Dam owner responsibilities.
Section 540.482 - Emergency action plan for dam with high hazard rating.
Section 540.485 - Actual or potential dam failure.
Section 540.488 - Water Resources Commission duties and powers; rules.
Section 540.491 - Dam owner or operator liability.
Section 540.505 - Definitions.
Section 540.532 - Request for change in point of diversion to reflect historical use; requirements.
Section 540.533 - Application for exchange of water.
Section 540.537 - Order allowing exchange; order terminating exchange.
Section 540.541 - Delivery and use of water under exchange.
Section 540.570 - Temporary transfers within districts; procedure; fee.
Section 540.572 - Application of certificated water elsewhere within district; notice.
Section 540.574 - Petition for approval of transfer.
Section 540.576 - Notice of petition; protest; user rights.
Section 540.578 - Filing of protest; hearing on proposed transfer.
Section 540.585 - Temporary transfers within Deschutes River Basin; procedure; fee.
Section 540.587 - Report on implementation of temporary transfer provisions.
Section 540.641 - Protest of cancellation; procedure.