Distribution and Storage of Water
Lien, notice of intent to claim
- attorney fees
(1)If not paid, the lien under ORS 540.240 (Lien for wages and expense) may be made effective by the assistant filing a notice in writing of intention to claim a lien for the assistant’s wages and expense with the county clerk of the county in which the ditch, pipeline or reservoir and lands are situated.
(2)The notice filed under subsection (1) of this section shall:
(a)Be verified and subscribed by the watermaster or assistant;
(b)Specify the particular items of wages and expense for which the lien is claimed;
(c)Describe the lands of each water user upon which the lien is claimed; and
(d)Set forth the name of the ditch, pipeline or reservoir and the name of the owner or reputed owner of the lands and ditch, pipeline or reservoir against which the lien is claimed.
(3)The lien shall be filed within 60 days from the completion of distribution. Suit to foreclose the lien shall be brought in the circuit court of the county in which all or part of the lands, ditch, pipeline or reservoir, or any part, are situated, within six months from the date of filing the notice.
(4)The lien shall be foreclosed in the manner provided by law for the foreclosure of liens against real property. The court may award reasonable attorney fees to the prevailing party in an action to foreclose a lien under this section. [Amended by 1981 c.897 §59; 1985 c.421 §15; 1995 c.618 §81]
Law Review Citations
11 EL 390 (1981)