ORS 555.340
Water rights

  • sale price
  • lien on lands
  • lien list
  • expenditures of state
  • repayment from sale of lands and rights
  • replacement or surrender of contracts with Columbia Southern Irrigation Company

(1)

Subject to ORS 555.350 (Increase of lien against unsold land), the prices to be paid for the sale of water rights on private lands as well as Carey Act lands, in the Tumalo Project, shall be $40, with interest at five percent from the date of contract of sale, in addition to which there shall be a charge of $2.50 per acre for the nonirrigable Carey Act lands; provided, however, that no new lien shall be placed upon any lands having a complete vested water right on June 3, 1913. A certified copy of the lien list shall be prepared by the Water Resources Commission, showing the price to be paid for water rights for each small subdivision or farm unit of Carey Act land in the project. A certified copy of the lien list shall be filed in the records of Crook County. From and after the date of reclamation of any tract designated in the list a valid lien in favor of the State of Oregon shall exist against each tract in the list for the amount designated therein until the same, together with accruing interest, has been paid in full.

(2)

The total amount to be realized from the sale of Carey Act lands and water rights for private lands shall insure the return to the state of all money expended by it in the reclamation of the lands in the project with interest at five percent from the date of the contract of sale, in addition to any further sums or amounts which are found necessary to be paid on account of the project.

(3)

Any person who holds a contract with the Columbia Southern Irrigation Company or its successors in interest, for any tract in the project, may execute a new contract with the state for reclamation, under the provisions of ORS 555.310 (Reclamation of lands in Tumalo Project) to 555.410 (Repayment of appropriation from receipts of sale of lands), of the land described in the original contract with the company, or a new selection, receiving credit thereon for the principal paid to the company under the original contract; or, may surrender the contract and receive, in cash, the full amount of principal paid to the company on the contract; provided, however, that no contract holder shall be entitled to a refund of the money as herein provided unless an assignment of all rights, title and interest in and to the contract and the land described therein was filed with the Desert Land Board on or before July 1, 1917; provided, further, that refunds shall be made to contract holders pro rata as funds may become available from time to time after July 1, 1915. The failure to comply with the above option by any contract holder under the old Columbia Southern Project shall render the contract void and the lands embraced therein shall revert to the state and be subject to reentry.

Source: Section 555.340 — Water rights; sale price; lien on lands; lien list; expenditures of state; repayment from sale of lands and rights; replacement or surrender of contracts with Columbia Southern Irrigation Company, https://www.­oregonlegislature.­gov/bills_laws/ors/ors555.­html.

555.010
Acceptance by state of conditions of Carey Act and grants thereunder 555.020
Water Resources Commission to manage lands 555.030
Duties of Water Resources Commission 555.040
Powers of Water Resources Commission as to contracts with Secretary of Interior for lands to be reclaimed 555.050
Application to Water Resources Commission for lands to be reclaimed 555.060
Deposit by applicant 555.070
Contract for reclamation of land 555.080
Reclamation works 555.090
Time for construction of works 555.100
Nonperformance by contractor 555.110
State’s liability 555.120
Conditions precedent to entry onto land and sale of water rights 555.130
Application to enter 555.140
Deeds to land 555.150
Rules 555.160
Report of work, expenditures and condition of funds 555.170
Oregon Irrigation Fund 555.171
Transfers from Oregon Irrigation Fund to General Fund 555.180
Payment for irrigation of acreage in excess of contract 555.190
Notice to be in writing 555.310
Reclamation of lands in Tumalo Project 555.320
Project manager 555.330
Rules 555.340
Water rights 555.350
Increase of lien against unsold land 555.360
Arrangements to settle, cultivate and reclaim Carey Act lands 555.370
Cancellation of contract upon default 555.380
Tumalo Project Fund 555.390
Transfer of state’s interest to irrigation districts or to federal government 555.400
Preferred purchasers 555.410
Repayment of appropriation from receipts of sale of lands 555.500
Formation 555.507
Board of directors 555.514
Qualifications to serve on board 555.521
Finances 555.528
Authority to issue general obligation bonds 555.535
Application of ORS chapter 255
Green check means up to date. Up to date

Current through early 2024

§ 555.340’s source at oregon​.gov