ORS 555.180
Payment for irrigation of acreage in excess of contract

  • notice by Water Resources Commission
  • price per acre

Wherever an irrigation system has been constructed under contract with the State of Oregon pursuant to the Act of Congress known as the Carey Act, and under and pursuant to ORS 555.010 (Acceptance by state of conditions of Carey Act and grants thereunder) to 555.160 (Report of work, expenditures and condition of funds), and it develops that the acreage of land actually irrigated in any smallest legal subdivision of the land is greater than the acreage made subject to the lien in the reclamation contract for said smallest legal subdivision and the waters for the excess acres actually irrigated in such legal subdivision over and above the amount fixed in the contract for lien have not as yet been paid for, nor the amount to be paid therefor agreed upon, the Water Resources Commission upon request of the company supplying water to the excess acres shall notify the person using the water upon the excess acres to pay for the same or enter into an arrangement with the company furnishing the water providing for the price to be paid therefor and the manner of payment; provided, the company furnishing the water shall not exact a price per acre for such excess acres greater than the price per acre as now fixed by the commission.

Source: Section 555.180 — Payment for irrigation of acreage in excess of contract; notice by Water Resources Commission; price per acre, https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html.

Notes of Decisions

This section is not limited to the period of time in which water was distributed on the basis of irrigation contracts with Carey Act developers. Alexander v. Cent. Ore. Irr. Dist., 19 Or App 452, 528 P2d 582 (1974)

The “price per acre as now set by the State Engineer” was, at the time of enactment, $40 per acre. Alexander v. Cent. Ore. Irr. Dist., 19 Or App 452, 528 P2d 582 (1974)

555.010
Acceptance by state of conditions of Carey Act and grants thereunder
555.020
Water Resources Commission to manage lands
555.030
Duties of Water Resources Commission
555.040
Powers of Water Resources Commission as to contracts with Secretary of Interior for lands to be reclaimed
555.050
Application to Water Resources Commission for lands to be reclaimed
555.060
Deposit by applicant
555.070
Contract for reclamation of land
555.080
Reclamation works
555.090
Time for construction of works
555.100
Nonperformance by contractor
555.110
State’s liability
555.120
Conditions precedent to entry onto land and sale of water rights
555.130
Application to enter
555.140
Deeds to land
555.150
Rules
555.160
Report of work, expenditures and condition of funds
555.170
Oregon Irrigation Fund
555.171
Transfers from Oregon Irrigation Fund to General Fund
555.180
Payment for irrigation of acreage in excess of contract
555.190
Notice to be in writing
555.310
Reclamation of lands in Tumalo Project
555.320
Project manager
555.330
Rules
555.340
Water rights
555.350
Increase of lien against unsold land
555.360
Arrangements to settle, cultivate and reclaim Carey Act lands
555.370
Cancellation of contract upon default
555.380
Tumalo Project Fund
555.390
Transfer of state’s interest to irrigation districts or to federal government
555.400
Preferred purchasers
555.410
Repayment of appropriation from receipts of sale of lands
555.500
Formation
555.507
Board of directors
555.514
Qualifications to serve on board
555.521
Finances
555.528
Authority to issue general obligation bonds
555.535
Application of ORS chapter 255
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