2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures

Section 540.020 - Watermasters; appointment; removal; powers of Water Resources Director. - (2) The director, or any duly authorized assistant, shall have...

Section 540.155 - Periodic review and report regarding department program for Deschutes Basin ground water study area. - (2) The Water Resources Department shall periodically review the department...

Section 540.210 - Distribution from ditch or reservoir. - (2) The watermaster shall then take exclusive charge of the...

Section 540.220 - Payment of assistant watermaster. - (2) In the case of partnership ditches, pipelines or mutual...

Section 540.250 - Lien, notice of intent to claim; foreclosure; attorney fees. - (2) The notice filed under subsection (1) of this section...

Section 540.260 - Lien for wages and expense; enforcement; remedy not exclusive. - (2) The lien shall be made effective by filing a...

Section 540.310 - Ditches and canals; headgates; measuring devices; flumes along lines of ditches. - (2) The owner shall construct and maintain, when required by...

Section 540.330 - Reservoirs; measuring devices; effect of noncompliance. - (2) If any owner or manager of a reservoir located...

Section 540.340 - Reservoir and diversion dam; suitable outlet; effect of noncompliance. - (2) If any owner or manager of a reservoir or...

Section 540.355 - Inspection, evaluation and assessment of hydraulic structures. - (2) In performing the actions under subsection (1) of this...

Section 540.430 - Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery. - (2) In lieu of proceeding to enforce the lien, the...

Section 540.435 - Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order. - (2) Before the commission implements any requirements under subsection (1)...

Section 540.443 - Definitions for ORS 540.443 to 540.491. - (1) "Construct" means: (a) To build a new dam; (b)...

Section 540.446 - Dams not subject to ORS 540.443 to 540.491. - (a) A dam that is less than 10 feet in...

Section 540.449 - Construction plan approval; fees; rules. - (2) Except as provided in this subsection, a dam may...

Section 540.452 - Removal plan approval. - (2) A person may not perform removal work on a...

Section 540.455 - Dam inspections and analysis. - (2) The department shall provide the dam owner with an...

Section 540.458 - Notice for owner corrective action to address safety issues. - (a) Why the inspection or analysis of information and conditions...

Section 540.461 - Plan and time frame for corrective action; hearing; proposed and final orders. - (a) The specific dam; (b) The efforts and resources of...

Section 540.467 - Owner action to address maintenance issues; hearing; proposed and final orders; penalty. - (2) If the department or its agent or representative conducts...

Section 540.473 - Application for injunction. - (1) Refrain from violation of the order; or (2) Take...

Section 540.479 - Dam owner responsibilities. - (a) Provide the Water Resources Department with contact information in...

Section 540.482 - Emergency action plan for dam with high hazard rating. - (2) An emergency action plan required under this section must...

Section 540.485 - Actual or potential dam failure. - (2) If an actual or potential dam failure creates an...

Section 540.488 - Water Resources Commission duties and powers; rules. - (2) Notwithstanding subsection (1) of this section, the commission shall...

Section 540.491 - Dam owner or operator liability. - (2) Water Resources Department actions and services under ORS 540.443...

Section 540.505 - Definitions. - (1) "District" means an irrigation district formed under ORS chapter...

Section 540.510 - Appurtenancy 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. - (b) A holder of a water right certificate that authorizes...

Section 540.520 - Application for change of use, place of use or point of diversion; public notice; protest; hearing; exemptions. - (b) A holder of a water right certificate that authorizes...

Section 540.523 - Temporary transfer of water right or permit; terms; revocation; status of supplemental water right or permit. - (a) Be submitted in writing to the Water Resources Department;...

Section 540.524 - Substitution of supplemental water right from ground water source for primary water right from surface water source; application; fee. - (2) An application required under subsection (1) of this section...

Section 540.525 - Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion. - (a) Equipped with an appropriate fish screening or by-pass device;...

Section 540.530 - Order authorizing change of use, place of use or point of diversion; consent to injury; new or modified certificate. - (b) If, after hearing or examination, the commission finds that...

Section 540.531 - Transfer of surface water point of diversion to ground water; requirements; priority; mitigation measures; return to surface water diversion; rules. - (2) The Water Resources Department may allow a transfer of...

Section 540.532 - Request for change in point of diversion to reflect historical use; requirements. - (2) An individual may request a change in the point...

Section 540.533 - Application for exchange of water. - (a) Holds a water right established by court decree; (b)...

Section 540.537 - Order allowing exchange; order terminating exchange. - (a) The proposed exchange would adversely affect other appropriators. (b)...

Section 540.541 - Delivery and use of water under exchange. - (2) The use of water under a permit may be...

Section 540.560 - Order changing description of land to which water right is appurtenant; limitation; purpose; hearing; effect of final order. - (2) An order issued under this section may not reduce...

Section 540.570 - Temporary transfers within districts; procedure; fee. - (a) The rate and duty, and the total number of...

Section 540.572 - Application of certificated water elsewhere within district; notice. - (a) Is managed by a full-time manager; and (b) Is...

Section 540.574 - Petition for approval of transfer. - (2) If the commission denies the petition under subsection (1)...

Section 540.576 - Notice of petition; protest; user rights. - (1) Sixty days after the date of mailing of the...

Section 540.578 - Filing of protest; hearing on proposed transfer. - (2) If, after examination or hearing, the commission finds that...

Section 540.580 - Permanent transfer of place of use of water within district; requirements; procedure. - (a) The rate, duty and total number of acres to...

Section 540.585 - Temporary transfers within Deschutes River Basin; procedure; fee. - (a) The person holds a water use subject to transfer;...

Section 540.587 - Report on implementation of temporary transfer provisions. - Note: 540.587 was enacted into law by the Legislative Assembly...

Section 540.610 - Use as measure of water right; forfeiture for nonuse; confirmation of rights of municipalities. - (2) Upon a showing of failure to use beneficially for...

Section 540.641 - Protest of cancellation; procedure. - (2) If the legal owner or the occupant receiving notice...

Section 540.660 - Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate; procedures for cancellation of right. - (2) If the watermaster files an affidavit under subsection (1)...

Section 540.670 - Effect of cancellation of primary water right on supplemental right; change from supplemental to primary right; priority date. - (2) If the Water Resources Commission cancels a primary water...

Section 540.990 - Criminal penalties. - (2) Violation of any provision of ORS 540.570 (5), 540.710,...

Section 540.995 - Civil penalties. - (2) The Water Resources Director may impose a civil penalty,...

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2021 Oregon Revised Statutes Volume : 15 - Water Resources, Agriculture and Food Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures

2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures