ORS 540.430
Nonpayment by ditch co-owner

  • lien on interest
  • foreclosure
  • stoppage of water delivery

(1)

Upon the failure of any co-owner to pay a proportionate share of the expense, as mentioned in ORS 540.420 (Jointly owned ditches), within 30 days after receiving a statement of the same as performed by the co-owner, the latter may secure payment of the claim by filing an itemized and sworn statement thereof, setting forth the date of performance and the nature of the labor performed, with the county clerk of the county wherein the ditch is situated. When so filed it shall constitute a valid lien against the interest of the person in default, which lien may be established and enforced in the same manner as provided by law for the enforcement of mechanic’s liens.

(2)

In lieu of proceeding to enforce the lien, the person performing the labor may file an itemized and sworn statement with the watermaster of the district within which the ditch is located, setting forth the date of performance, the nature of the labor performed, the total expense incurred by the person and the proportion of the expense each owner should pay, together with a written request that the watermaster take charge of the distribution of the water from the ditch to the parties entitled to the use thereof. Thereupon the watermaster may proceed to distribute the water in accordance with established rights. However, if an owner or user has not paid the proportion of expenses of the owner or user incurred for the proper maintenance and operation of the ditch, the watermaster may serve such party with written notice, personally, by registered mail or by certified mail with return receipt, setting forth the proportion of expenses incurred for which the owner or user is obligated to pay. If the party so served refuses or neglects to pay that part of the expense within 10 days after the serving or mailing of the notice, the watermaster may refuse to deliver water to be used upon the lands of such person until after the expense has been paid. [Amended by 1991 c.249 §52]

Source: Section 540.430 — Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery, https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html (accessed May 26, 2025).

540.010
Water districts 540.020
Watermasters 540.030
Water Resources Director 540.045
Watermaster duties 540.050
Appearance of district attorney 540.060
Arrest by watermaster 540.075
Office and equipment for watermaster 540.080
Assistant watermasters 540.100
Division of water among users 540.120
Lien for wages and expense 540.130
Advance payment 540.135
Disposition of funds collected under ORS 540.100 to 540.130 and 540.220 540.140
Insufficiency of water 540.145
Distribution of water 540.150
Rotation in water use 540.155
Periodic review and report regarding department program for Deschutes Basin ground water study area 540.210
Distribution from ditch or reservoir 540.220
Payment of assistant watermaster 540.230
Distribution of waste or seepage water 540.240
Lien for wages and expense 540.250
Lien, notice of intent to claim 540.260
Lien for wages and expense 540.270
Distribution from irrigation districts and improvement companies 540.310
Ditches and canals 540.320
Noncompliance with requirements 540.330
Reservoirs 540.340
Reservoir and diversion dam 540.355
Inspection, evaluation and assessment of hydraulic structures 540.410
Delivery of reservoir water 540.420
Jointly owned ditches 540.430
Nonpayment by ditch co-owner 540.435
Installation of totalizing measuring device 540.440
Owner to clear weeds from ditch right of way 540.443
Definitions for ORS 540.443 to 540.491 540.446
Dams not subject to ORS 540.443 to 540.491 540.449
Construction plan approval 540.452
Removal plan approval 540.455
Dam inspections and analysis 540.458
Notice for owner corrective action to address safety issues 540.461
Plan and time frame for corrective action 540.464
Examinations, inspections and reports by specialists 540.467
Owner action to address maintenance issues 540.470
Contested case hearings 540.473
Application for injunction 540.476
Action to declare dam public nuisance 540.479
Dam owner responsibilities 540.482
Emergency action plan for dam with high hazard rating 540.485
Actual or potential dam failure 540.488
Water Resources Commission duties and powers 540.491
Dam owner or operator liability 540.505
Definitions 540.510
Appurtenancy of water to premises 540.520
Application for change of use, place of use or point of diversion 540.523
Temporary transfer of water right or permit 540.524
Substitution of supplemental water right from ground water source for primary water right from surface water source 540.525
Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion 540.530
Order authorizing change of use, place of use or point of diversion 540.531
Transfer of surface water point of diversion to ground water 540.532
Request for change in point of diversion to reflect historical use 540.533
Application for exchange of water 540.535
Notice of application for exchange 540.537
Order allowing exchange 540.539
Exchange subject to beneficial use requirements 540.541
Delivery and use of water under exchange 540.543
Regulation of headgates when water provided by exchange 540.545
Transfer of water rights following county acquisition of land 540.560
Order changing description of land to which water right is appurtenant 540.570
Temporary transfers within districts 540.572
Application of certificated water elsewhere within district 540.574
Petition for approval of transfer 540.576
Notice of petition 540.578
Filing of protest 540.580
Permanent transfer of place of use of water within district 540.585
Temporary transfers within Deschutes River Basin 540.587
Report on implementation of temporary transfer provisions 540.589
Ratification of prior transfer of water rights to irrigation district 540.610
Use as measure of water right 540.612
Exemption from forfeiture 540.621
Cancellation of abandoned water right upon request of owner 540.631
Cancellation of forfeited water right 540.641
Protest of cancellation 540.650
Issuance of new water right certificate for water rights not canceled 540.660
Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate 540.670
Effect of cancellation of primary water right on supplemental right 540.710
Interference with headgate, or use of water denied by watermaster or other authority 540.720
Unauthorized use or waste of water 540.730
Obstruction interfering with access to or use of works 540.740
Injunctive relief against action of watermaster 540.750
Injunction suits 540.990
Criminal penalties 540.995
Civil penalties

Current through early 2026

§ 540.430. Nonpayment by ditch co-owner's source at oregon​.gov