540.340
Reservoir and diversion dam; suitable outlet; effect of noncompliance. (1) Whenever it may be necessary
for the protection of other water users, the Water Resources Commission shall
require every owner or manager of a reservoir or diversion dam, located across
or upon the bed of a natural stream, to construct and maintain a suitable
outlet in the reservoir or diversion dam which will allow the free passage of
the natural flow of the stream. The commission shall determine what constitutes
a suitable outlet.
(2) If any owner
or manager of a reservoir or diversion dam refuses or neglects to construct or
put in such outlet in the reservoir or diversion dam after 10 days’ notice by
the commission, the commission may close the ditch carrying water from the
reservoir or diversion dam and it shall not be opened or any water diverted
from the reservoir or diversion dam, under the penalties prescribed by law for
the opening of headgates lawfully closed, until the requirements of the
commission regarding such outlet have been complied with. [Amended by 1985
c.673 §87]
540.350 [Amended by 1981 c.210 §1; 1985
c.673 §88; 1991 c.249 §51; repealed by 2019 c.390 §27]
540.353 [2017 c.723 §2; repealed by 2019
c.390 §27]
Notes of Decisions
Noble v. Dep't of Fish & Wildlife, 326 P.3d 589 (Or. 2014).
“ODFW cites ORS 540.340, which provides: “Whenever it may be necessary for the protection of other water users, the Water Resources Commission shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct…”
Vandehey v. Wheeler, 499 P.2d 1319 (Or. Ct. App. 1973).
“ORS 540.340 (1) provides: “Whenever it may be necessary for the protection of other water users, the State Engineer shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable…”
Vandehey v. Wheeler, 507 P.2d 831 (Or. Ct. App. 1973).
“340(1) provides: "Whenever it may be necessary for the protection of other water users, the State Engineer shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable outlet in the…”
Or. Rev. Stat. § 540.340(1): 1 case
Vandehey v. Wheeler, 507 P.2d 831 (Or. Ct. App. 1973).
“340(1) provides: "Whenever it may be necessary for the protection of other water users, the State Engineer shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable outlet in the…”
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