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Oregon Revised Statutes

Or. Rev. Stat. § 540.100 (2026)

Division of water among users; payment

✓ current as of May 2026
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      540.100 Division of water among users; payment. (1) When water users are unable to agree to the distribution or division of water, a majority of them may request the watermaster of the district in which the distribution or division is in dispute to make a just division or distribution of water among the parties entitled to the use of the water. The request shall be in writing and shall set forth the pertinent facts of the dispute.

      (2) If no provision has been made for payment of the necessary assistant watermaster or expenses as provided by ORS 540.080, the assistant shall be paid by the water users among whom the distribution or division is made.

      (3) The expense of any assistant watermaster shall be paid by the water users in proportion to the area of land for which each water user is entitled to the use of water, so that each one shall pay the same rate per acre. [Amended by 1957 c.546 §5; 1961 c.636 §4; 1979 c.18 §2; 1985 c.421 §9]

 

      540.110 [Amended by 1981 c.897 §58; repealed by 1985 c.421 §17]

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020).
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TPC, LLC v. Water Resources Dept., 482 P.3d 121 (Or. Ct. App. 2020). “If distribution of water by the rotation agreement requires substantially more of the watermaster’s time than distribution among the relative priorities, then the watermaster may require payment by the appropriators for an assistant watermaster, as described in ORS 540.100. “(4)…”
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