Distribution and Storage of Water

ORS 540.310
Ditches and canals

  • headgates
  • measuring devices
  • flumes along lines of ditches


The owner of any ditch or canal shall maintain to the satisfaction of the Water Resources Commission a substantial headgate at the point where the water is diverted. It shall be of such construction that it can be locked and kept closed by the watermaster.


The owner shall construct and maintain, when required by the commission, suitable measuring devices at such points along the ditch as may be necessary to assist the watermaster in determining the amount of water that is to be diverted into the ditch from the stream, or taken from it by the various users.


When necessary for the protection of other water users, the commission may require flumes to be installed along the line of any ditch. [Amended by 1985 c.673 §84]

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

A person's "diversion point" is the location set forth in his respective water certificates and the point may be changed only by compliance with ORS 540.520, the statutory procedure for change. Vandehey v. Wheeler, 13 Or App 25, 507 P2d 831 (1973), Sup Ct review denied

Chapter 540

Law Review Citations

11 EL 390 (1981)


Last accessed
Jun. 26, 2021