ORS 273.761
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]

Source: Section 273.761 — Right of way for water ditches and pipes, https://www.­oregonlegislature.­gov/bills_laws/ors/ors273.­html (accessed May 26, 2025).

Attorney General 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

273.006
Definitions 273.020
Governor as land commissioner 273.031
State Land Board 273.035
Governor is chairperson of board 273.041
Department of State Lands 273.045
Administrative policies 273.051
General powers and duties of department and board 273.055
Power to acquire and dispose of real property 273.058
Application fee for easement to construct facility on state land 273.061
Power of eminent domain 273.065
Finality of certain actions 273.071
Oaths 273.075
Deed to purchaser 273.081
Execution of documents 273.085
Recording copies of documents 273.091
Recording fees 273.095
Copies or transcripts as evidence 273.099
Property transaction instruments to be maintained with department 273.101
Common School Fund 273.105
Distributable Income Account 273.107
Legacy Unclaimed Property School Fund 273.108
Unclaimed Property School Fund 273.115
Department use of Common School Fund 273.117
Acquiring land as Common School Fund investment 273.119
Private or federal grants for studies related to coordinating state and federal permitting issues 273.121
Expenditures of funds under control of department 273.125
Refund of moneys 273.131
Compromise or release of claims 273.135
Agreements with other agencies for special services 273.141
Nature of services to be performed by certain other agencies 273.145
Department powers in exchanges, settlements and indemnifications 273.151
Cooperation with federal government 273.155
Cooperation of state and county agencies 273.161
Director of department 273.165
Oath and bond of director 273.171
Duties and authority of director 273.175
Employees of department 273.183
Authority of department to require fingerprints 273.185
Director to investigate trespasses on state lands 273.192
Removal of personal property 273.196
Agreements to provide maintenance of state lands 273.197
Agreements to provide interpretive services 273.199
Rules for agreements for interpretive services 273.225
Application for lease to take material 273.231
Removal without compliance with statute 273.235
Department’s powers to enforce statute 273.241
Action to recover damages for unlawful removal of material 273.245
Asset management plan 273.247
Disposal of isolated parcels of rangeland 273.251
Classification of state lands 273.255
Eligibility to purchase state lands 273.261
Applications generally 273.265
Application for submersible lands 273.275
Price of state lands 273.281
Payment for state lands 273.285
Certificate of sale to installment purchaser 273.290
Cancellation and forfeiture on default in payments 273.295
Assignment of certificates of sale 273.300
Issuance of deed 273.306
Execution and record of deeds 273.311
Correction of deeds 273.316
Exchanging state lands to accumulate larger tracts 273.321
Notification to lessee prior to exchange 273.326
Compromise with owners of state lands unlawfully acquired 273.331
Subdivision and disposal of other lands as condition of compromise 273.335
Object of ORS 273.340 and 273.345 273.340
Ascertainment and procurement of indemnity lands 273.345
Determination of advisability of selection of indemnity lands within national forest reserves 273.350
Selection and sale of indemnity lands 273.356
Definitions for ORS 273.356 to 273.375 273.360
Applicant to relinquish claim 273.365
When refunds not available 273.370
Alternative to refund 273.375
Acquisition by state of applicant’s interest 273.413
Disposition of unsuitable state lands 273.416
Exchange of property held as trust fund asset 273.421
Relinquishing title to United States Government or governmental body or subdivision 273.426
Exchange of property 273.431
Procedure for determining value of properties to be exchanged 273.436
Lease procedure 273.441
Agency donation of property for industrial or manufacturing use 273.447
Disposition of state lands suitable for grazing 273.452
Indemnification contract for occupancy of political subdivision lands 273.456
Lease of space above or below street or highway 273.462
Definitions 273.463
Policy 273.464
Trust lands with limited performance potential as assets of Common School Fund 273.500
Access to public access sites 273.505
Object of ORS 273.511 273.511
Acquisition of submersible and swamp lands 273.522
Definition for “forest products.” 273.523
Sale of forest products on state lands 273.525
Appraisal of forest products 273.531
Decision by department on bids 273.535
Bond or other security requirements for sale of forest products 273.541
Execution and delivery of instruments 273.551
Mining and drilling leases on state lands 273.553
South Slough National Estuarine Research Reserve 273.554
South Slough National Estuarine Research Reserve Management Commission 273.556
South Slough National Estuarine Research Reserve Management Account 273.557
Appeal to State Land Board 273.558
Penalties 273.563
Definitions for ORS 273.563 to 273.591 273.566
Legislative findings 273.573
Natural areas advisory committee 273.576
State Parks and Recreation Department duties 273.578
Plan approval 273.581
Natural areas register 273.586
Dedication of land as state natural area 273.591
Natural Areas Program Account 273.715
Rules for removal of semiprecious stones and petrified wood from state lands 273.751
State land grants to railroads 273.755
Filing maps of railroad location and depot sites 273.761
Right of way for water ditches and pipes 273.765
Liability for costs of relocation or extension of mains and outfalls 273.775
Definitions for ORS 273.775 to 273.790 273.780
Retention of mineral and geothermal resource rights by state 273.785
Application of ORS 273.551 and 273.775 to 273.790 273.787
Release and transfer of mineral or geothermal resource rights 273.790
Registry of rights under state board 273.805
Definitions for and purpose of ORS 273.805 to 273.825 273.815
Department’s powers 273.820
Exchange of lands 273.825
Purchase of lands by lessee or other person 273.850
State title to certain lands and improvements transferred to Clatsop County 273.855
Clatsop County to transfer title to lands and improvements to certain possessors 273.860
Filing fee 273.865
Application for deed 273.870
Notice of deed application 273.875
Findings of board 273.880
Judicial review procedure 273.885
State prohibited from questioning certain titles 273.890
Application of ORS 273.850 to 273.890 to certain lands 273.900
Confirmation of title to tide lands and tide flats 273.902
Confirmation of title to swamp and overflow lands 273.903
Title of certain swamp lands not to be questioned by department 273.905
Confirmation of state land deeds prior to 1891 273.910
Confirmation of title to state lands purchased before 1918 273.915
Release of claims under pre-1947 deeds reserving right of way 273.920
Validation of mineral leases executed and delivered before August 9, 1961 273.990
Criminal penalties 273.992
Civil penalties 273.994
Schedule of civil penalties

Current through early 2026

§ 273.761. Right of way for water ditches & pipes's source at oregon​.gov