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Or. Rev. Stat. § 540.045

Watermaster duties

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      540.045 Watermaster duties. (1) Each watermaster shall:

      (a) Regulate the distribution of water among the various users of water from any natural surface or ground water supply in accordance with the users’ existing water rights of record in the Water Resources Department.

      (b) Upon the request of the users, distribute water among the various users under any partnership ditch, pipeline or well or from any reservoir, in accordance with the users’ existing water rights of record in the department.

      (c) Divide the waters of the natural surface and ground water sources and other sources of water supply among the canals, ditches, pumps, pipelines and reservoirs taking water from the source for beneficial use, by regulating, adjusting and fastening the headgates, valves or other control works at the several points of diversion of surface water or the several points of appropriation of ground water, according to the users’ relative entitlements to water.

      (d) Attach to the headgate, valve or other control works the watermaster regulates under paragraph (c) of this subsection, a written notice dated and signed by the watermaster, setting forth that the headgate, valve or other control works has been properly regulated and is wholly under the control of the watermaster.

      (e) Perform any other duties the Water Resources Director may require.

      (2) When a watermaster must rely on a well log or other documentation to regulate the use or distribution of ground water, the regulation shall be in accordance with ORS 537.545 (5).

      (3) For purposes of regulating the distribution or use of water, any stored water released in excess of the needs of water rights calling on that stored water shall be considered natural flow, unless the release is part of a water exchange under the control of, and approved by, the watermaster.

      (4) As used in this section, “existing water rights of record” includes all completed permits, certificates, licenses and ground water registration statements filed under ORS 537.605 and related court decrees. [1985 c.421 §3; 1989 c.691 §15; 1991 c.102 §11; 1993 c.157 §5; 1995 c.673 §3; 2009 c.819 §3; 2025 c.283 §6]

Notes of Decisions
Cited in 6 cases, 1988–2020 · leading case: Baley v. United States
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Baley v. United States (2019) cafc · cites it 3× “The “state” law to which appellants point is Or. Rev. Stat. § 540.045 (4) (2017). In further support of their argument, appellants cite United States v.”
Teel Irrigation District v. Water Resources Department (1996) or · cites it 3× “” From the foregoing statutes, we conclude that ORS 540.045 authorizes the watermaster to issue final orders pertaining to a water user’s rights under the terms of a permit.”
TPC, LLC v. Water Resources Dept. (2020) orctapp · cites it 6× “See ORS 540.045 (duties of watermasters). The watermaster then issued final orders in other than contested cases in 2016 and 2017 that ordered petitioners to cease all use of water from the Williamson River.”
Teel Irrigation District v. Water Resources Department (1995) orctapp · cites it 2× “ORS 540.045 provides that the watermaster's duties include regulating distribution of water in accordance with users' existing water rights of record.”
Benz v. Water Resources Commission (1988) orctapp “Petitioners’ concerns are addressed in the Commission’s opinion: “* * * ORS 540.045 provides, in part: ‘[E]ach watermaster shall: (1) Regulate the distribution of water among the various users of water from any natural surface or groundwater supply in accordance with the users’…”
Russell-Smith v. Water Resources Department (1998) orctapp “, ORS 540.045(l)(a). In addition, a certificate holder who effects an unauthorized change of POD may be subject to substantial civil penalties, see ORS 536.”
— Or. Rev. Stat. § 540.045(1) — 1 case
TPC, LLC v. Water Resources Dept. (2020) orctapp “See ORS 540.045 (duties of watermasters). The watermaster then issued final orders in other than contested cases in 2016 and 2017 that ordered petitioners to cease all use of water from the Williamson River.”
— Or. Rev. Stat. § 540.045(1)(a) — 2 cases
Teel Irrigation District v. Water Resources Department (1996) or “” From the foregoing statutes, we conclude that ORS 540.045 authorizes the watermaster to issue final orders pertaining to a water user’s rights under the terms of a permit.”
TPC, LLC v. Water Resources Dept. (2020) orctapp “See ORS 540.045 (duties of watermasters). The watermaster then issued final orders in other than contested cases in 2016 and 2017 that ordered petitioners to cease all use of water from the Williamson River.”
— Or. Rev. Stat. § 540.045(4) — 2 cases
Teel Irrigation District v. Water Resources Department (1996) or “” From the foregoing statutes, we conclude that ORS 540.045 authorizes the watermaster to issue final orders pertaining to a water user’s rights under the terms of a permit.”
TPC, LLC v. Water Resources Dept. (2020) orctapp “See ORS 540.045 (duties of watermasters). The watermaster then issued final orders in other than contested cases in 2016 and 2017 that ordered petitioners to cease all use of water from the Williamson River.”
— Or. Rev. Stat. § 540.045(l)(a) — 1 case
Russell-Smith v. Water Resources Department (1998) orctapp “, ORS 540.045(l)(a). In addition, a certificate holder who effects an unauthorized change of POD may be subject to substantial civil penalties, see ORS 536.”
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