ORS 541.050
Leakage or overflow

  • liability
  • exception
Every corporation having constructed a ditch, canal, flume or reservoir under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall be liable for all damages done to the persons or property of others, arising from leakage or overflow of water therefrom growing out of want of strength in the banks or walls, or negligence or want of care in the management of the ditch, canal, flume or reservoir. However, damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another with the ditch, canal, flume or reservoir, which may not be known to the corporation for such length of time as would enable it by the exercise of reasonable efforts to remedy the same, shall not be recovered against the corporation.

Source: Section 541.050 — Leakage or overflow; liability; exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html.

Notes of Decisions

For purposes of preliminary injunction, property owners’ private nuisance claims unlikely to succeed on merits when seeking compensation from irrigation district for violation of right to water seepage based on law creating district liability for damages arising from leakage or overflow of water. Smith v. Tumalo Irrigation District, 500 F. Supp. 3d 1148 (D. Or. 2020)

541.010
Furnishing of water for certain purposes declared to be a public use 541.020
Construction of ditches and canals by corporation 541.030
Ditches and canals across state lands 541.040
Headgate 541.050
Leakage or overflow 541.055
District liability for seepage and leakage from water or flood control works 541.060
Waste of water 541.070
Ditches, canals and flumes as real estate 541.080
Suits involving water rights 541.110
Use of water to develop mineral resources and furnish power 541.120
Ditches and canals through lands 541.130
Right of way for ditches across state lands 541.220
Survey of stream system 541.230
State lands within irrigated area 541.240
Right of way for ditches and canals 541.250
Cession to United States not rescinded 541.310
Suits for determination of rights 541.320
Decrees adjudicating rights 541.325
Definitions for ORS 541.327 to 541.333 541.327
Failure or refusal of district to act 541.329
Petition for approval of district map 541.331
Protest against approval of petition 541.333
Application for change of place of use, point of diversion or use 541.386
Dams and use of water for hydroelectric generation on North Umpqua prohibited 541.393
Responsibility of government entity for repair or maintenance costs of dams on North Umpqua 541.430
Use of machinery by riparian owner to raise water 541.450
Definitions for ORS 541.450 to 541.460 541.455
Splash dams unlawful 541.460
Abatement proceedings by Attorney General 541.510
Authority of Water Resources Commission to require signs warning public of stream level fluctuation 541.515
Notice by commission when hazard created by release of stored water 541.520
Procedure when owner or operator of structure fails to request hearing 541.525
Hearing upon request of owner or operator of structure 541.530
Order of commission regulating release of water 541.535
Installation of automatic stream level recording devices 541.540
Procedure in emergency when release of water essential 541.545
Compliance with orders of commission 541.551
Requirements for providers of water project support 541.561
Establishment of grant program 541.566
Planning studies eligible for grants or direct service cost payments 541.576
Water Conservation, Reuse and Storage Investment Fund 541.581
Rules for grant and direct service cost payment program 541.651
Definitions for ORS 541.651 to 541.696 541.653
Purpose and application of ORS 541.651 to 541.696 541.656
Water Supply Development Account 541.657
Exemptions for certain expenditures of moneys from Water Supply Development Account 541.659
Loan and grant applicants 541.663
Preapplication conferences 541.666
Form and contents of loan or grant applications 541.669
Scoring and ranking of projects 541.673
Evaluation for public benefits of project 541.677
Target outcomes for scoring and ranking criteria 541.681
Conditions of grants for developing certain types of above-ground storage facilities 541.683
Demonstration of public benefits of project 541.686
Protection of project water dedicated to in-stream use 541.689
Projects requiring determination of seasonally varying flows 541.692
Permits 541.696
Standards for security of loans from account 541.700
Definitions for ORS 541.700 to 541.855 541.703
Project applications 541.705
Project applications 541.710
Processing project application 541.715
Applicant authorized to obtain private planning, engineering and construction services 541.720
Conditions for project application approval 541.730
Loan contract 541.735
Payment of funds by State Treasurer pursuant to loan contract 541.740
Liens and other loan security 541.741
Recovery of certain interest amounts 541.745
Remedies of commission when water developer fails to comply with contract 541.750
Repayment of moneys to Water Development Administration and Bond Sinking Fund 541.756
Projects obtaining other funds for construction 541.760
Reduction of loan amount when secondary use funding available 541.765
Authorization for loans for certain federal projects 541.770
Federal project loan contract terms 541.780
Bonds to provide project financing 541.785
Disposition and use of bond proceeds 541.800
Payment of bond principal and interest from Water Development Administration and Bond Sinking Fund 541.815
Limitation on bond issuance amount 541.830
Water Development Administration and Bond Sinking Fund 541.835
Water Development Fund 541.840
Emergency Board request for funds to pay administrative expenses 541.845
Rules 541.850
Commission acceptance of gifts or grants 541.855
Biennial report to Legislative Assembly and Governor 541.890
Definitions for ORS 541.890 to 541.969 541.895
Legislative findings 541.898
Oregon Plan described 541.900
Oregon Watershed Enhancement Board 541.902
Executive director of Oregon Watershed Enhancement Board 541.904
Authority of executive director to enter into interagency agreements 541.906
Rules 541.910
Voluntary local watershed councils 541.912
Duties of Natural Resources Division 541.916
Responsibilities of state agency participating in Oregon Plan 541.918
Implementation of grant programs 541.923
Watershed management program 541.926
Duties of board 541.929
Duties of board 541.932
Watershed enhancement project assistance 541.934
Grant recipient liability insurance 541.935
Oregon Plan for Salmon and Watersheds Legal Fund 541.937
Flexible Incentives Account 541.940
Parks and Natural Resources Fund 541.942
Natural Resources Subaccount 541.945
Watershed Conservation Operating Fund 541.947
Watershed Conservation Grant Fund 541.949
Authority of board to accept moneys 541.950
Authority of Governor to accept moneys 541.956
Watershed Conservation Grant Fund purposes 541.958
Criteria for project receiving moneys from Watershed Conservation Grant Fund 541.960
Title restrictions on land purchased through grant agreement 541.963
Oregon Watershed Enhancement Board report to Legislative Assembly 541.967
Agency report to legislative committee prior to adjustment of expenditure limitation or additional funding related to Oregon Plan 541.969
Report to Legislative Assembly by state agencies receiving subaccount moneys 541.972
Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan 541.973
Stewardship agreements 541.974
Stewardship Agreement Grant Fund 541.975
Criteria for funding projects from Stewardship Agreement Grant Fund 541.977
Definitions for ORS 541.977 to 541.989 541.978
Oregon Agricultural Heritage Fund 541.979
Expenditures from Oregon Agricultural Heritage Fund 541.981
Conservation management plans for working lands 541.982
Working land conservation covenants and easements 541.984
Grant programs 541.986
Oregon Agricultural Heritage Commission 541.987
Commission organization and membership 541.988
Commission rules 541.989
Commission duties 541.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 541.050’s source at oregon​.gov