2015 ORS 273.761¹
Right of way for water ditches and pipes

(1) A right of way for construction of a water ditch to be used for irrigation, manufacturing or mining purposes, ditches or water pipes for conveying water to political subdivisions for domestic purposes, or for the extinguishment of fires, is granted for a distance of 25 feet on each side of such ditches or water pipes to any person who may construct such water ditches or water pipes over any submersible, swamp or school lands.

(2) A right of way for the construction and maintenance of domestic and industrial water supply mains, sanitary pressure mains and storm water outfalls is granted for a distance of 25 feet on each side of such mains and outfalls to any municipal corporation that constructs and maintains them in or over submerged or submersible lands or new lands created thereon.

(3) All deeds, leases and easements granted by the State of Oregon for any of the lands mentioned in this section shall be made subject to any vested rights of the owners of such water ditches, water pipes, mains or outfalls as may have been acquired under this section.

(4) The person or municipal corporation constructing such water ditches, water pipes, mains or outfalls shall file with the Department of State Lands a copy of the field notes of the survey of such ditches, water pipes, mains or outfalls, showing their location.

(5) Any construction, maintenance, relocation or extension of a main or outfall described in subsection (2) of this section shall be carried out in accordance with any applicable rules of the department. [Formerly 273.200; 1973 c.511 §2]

Atty. Gen. Opinions

State Lands Division recovery of administrative costs for preparing and recording utility and railroad ease­ments over submerged and submersible lands, (1978) Vol 39, p 417; Division of State Lands charge of proprietary fees for rights of way granted, (1983) Vol 43, p 215

Chapter 273

Atty. Gen. Opinions

Require­ments of competitive bidding on prop­erty valued over $1,000, (1975) Vol 37, p 773; authority of State Land Board to enter into nonprofit wa­ter supply corpora­tion, (1978) Vol 38, p 2199

Law Review Cita­tions

4 EL 343, 344 (1984)


1 Legislative Counsel Committee, CHAPTER 273—State Lands Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors273.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 273, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano273.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.