(2) In lieu of proceeding to enforce the lien, the person performing the labor may file an itemized and sworn statement with the watermaster of the district within which the ditch is located, setting forth the date of performance, the nature of the labor performed, the total expense incurred by the person and the proportion of the expense each owner should pay, together with a written request that the watermaster take charge of the distribution of the water from the ditch to the parties entitled to the use thereof. Thereupon the watermaster may proceed to distribute the water in accordance with established rights. However, if an owner or user has not paid the proportion of expenses of the owner or user incurred for the proper maintenance and operation of the ditch, the watermaster may serve such party with written notice, personally, by registered mail or by certified mail with return receipt, setting forth the proportion of expenses incurred for which the owner or user is obligated to pay. If the party so served refuses or neglects to pay that part of the expense within 10 days after the serving or mailing of the notice, the watermaster may refuse to deliver water to be used upon the lands of such person until after the expense has been paid. [Amended by 1991 c.249 ยง52]
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.