ORS 540.320¹
Noncompliance with requirements
  • effect

If any owner of irrigation works refuses or neglects to construct and put in headgates, flumes or measuring devices, as required under ORS 540.310 (Ditches and canals), after 10 days’ notice, the watermaster may close the ditch, and it shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the Water Resources Commission as to such headgates, flumes or measuring devices have been complied with. [Amended by 1985 c.673 §85]

Notes of Decisions

A per­son can be re­quired to construct a headgate at his diversion point. Vandehey v. Wheeler, 13 Or App 25, 507 P2d 831 (1973), Sup Ct review denied

Chapter 540

Law Review Cita­tions

11 EL 390 (1981)

1 Legislative Counsel Committee, CHAPTER 540—Distribution of Water; Watermasters; Change in Use, Transfer or Forfeiture of Water Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors540.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 540, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­540ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information