Distribution and Storage of Water

ORS 540.320
Noncompliance with requirements

  • effect

If any owner of irrigation works refuses or neglects to construct and put in headgates, flumes or measuring devices, as required under ORS 540.310 (Ditches and canals), after 10 days’ notice, the watermaster may close the ditch, and it shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the Water Resources Commission as to such headgates, flumes or measuring devices have been complied with. [Amended by 1985 c.673 §85]

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

Chapter 540

Law Review Citations

11 EL 390 (1981)


Last accessed
Jun. 26, 2021