2015 ORS 540.550¹
Ratification of prior transfer of water rights to irrigation district

All attempted transfers or sales, prior to March 6, 1931, to an irrigation district, of water rights which theretofore had been appurtenant to lands located in the district and which lands at the time of the attempted transfer or sale were owned by the county, shall be considered to be legal and binding, and the water rights which were appurtenant to such lands shall be considered to have become the property of the district to which attempted to be conveyed, but appurtenant only to lands within the boundaries of the district as they existed on March 6, 1931, if the irrigation district applied to the Water Resources Director, within five years after March 6, 1931, under the provisions of section 47-712, Oregon Code 1930, as amended by chapter 102, Oregon Laws 1931, to have the water rights made appurtenant to other lands within the irrigation district. In that event, the county shall sell the lands without any water rights being appurtenant thereto. If the irrigation district failed within five years after March 6, 1931, to make such application, then title to the water rights shall be considered to have been forfeited.

Note: 540.550 (Ratification of prior transfer of water rights to irrigation district) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 540 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

These sec­tions provide that wa­ter right owner shall not change point of diversion unless he files applica­tion and complies with statutory pro­ce­dures. Huff v. Bretz, 285 Or 507, 592 P2d 204 (1979)

Atty. Gen. Opinions

Right of downstream owners of appropriative wa­ter rights to continua­tion of the flow, (1973) Vol 36, p 318; applica­tion of wa­ter outside irriga­tion season or for use not authorized by permit, (1977) Vol 38, p 1045

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/­ors/­ors540.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 540, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano540.­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.