Oregon Revised Statutes

Or. Rev. Stat. § 545.239 (2026)

Right to enter upon and acquire lands and water rights; right of condemnation

✓ current as of May 2026
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      545.239 Right to enter upon and acquire lands and water rights; right of condemnation. (1) The board of directors and its agents and employees have the right to enter upon any land in the manner provided by ORS 35.220 to make surveys and may locate the necessary irrigation or drainage works and the line for any canals and the necessary branches for the works or canals on any lands that may be considered best for such location. The board also has the right to acquire, by lease, purchase, condemnation or other legal means, all lands, water, water rights, rights of way, easements and other property, including canals and works and the whole of irrigation systems or projects constructed or being constructed by private owners, necessary for the construction, use, supply, maintenance, repair and improvement of any canals and works proposed to be constructed by the board. The board also has the right to so acquire lands, and all necessary appurtenances, for reservoirs, and the right to store water in constructed reservoirs, for the storage of needful waters, or for any other purpose reasonably necessary for the purposes of the district.

      (2) In the acquisition of property under subsection (1) of this section, the district has the right to acquire by condemnation property already devoted to public use that is less necessary than the use for which it is required by the district, whether used for irrigation or any other purpose, and any other properties owned by the state or any of its departments or commissions. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. [Formerly 545.082; 2003 c.477 §7]

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2007–2025 · leading case: Fort Vannoy Irrigation District v. Water Resources Commission
Fort Vannoy Irrigation District v. Water Resources Commission (2008) Or. · cites it 8× “253, which provides that water rights acquired by an irrigation district pursuant to ORS 545.239 are trust property: “The legal title to all property acquired under ORS 545.”
Klamath Irrigation District v. United States (2010) Or. · cites it 2× “3d 277 (citing ORS 545.239). The court held, however, that the common law established that, as a consequence of that trust relationship, the district had legal title to the right while the members held equitable title.”
Fort Vannoy Irrigation District v. Water Resources Commission (2007) Or. Ct. App. · cites it 3× “253 provides that, “[t]he legal title to all property acquired under ORS 545.239, 545.241, 545.245 and 545.249 shall immediately vest in the irrigation district and shall be held by it in trust for and hereby is dedicated and set apart to the uses and purposes set forth in the…”
East Valley Water v. Water Resources Commission (2025) Or. “Irrigation districts such as East Valley may acquire the inundated property through the exercise of eminent domain under ORS 545.239. 5 WaterWatch identifies itself as a “nonprofit membership organization dedi- cated to promoting water allocation decisions in Oregon that provide…”
East Valley Water v. Water Resources Commission (2025) Or. “Irrigation districts such as East Valley may acquire the inundated property through the exercise of eminent domain under ORS 545.239. 5 WaterWatch identifies itself as a “nonprofit membership organization dedi- cated to promoting water allocation decisions in Oregon that provide…”
— Or. Rev. Stat. § 545.239(1) — 2 cases
Fort Vannoy Irrigation District v. Water Resources Commission (2008) Or. “253, which provides that water rights acquired by an irrigation district pursuant to ORS 545.239 are trust property: “The legal title to all property acquired under ORS 545.”
Fort Vannoy Irrigation District v. Water Resources Commission (2007) Or. Ct. App. “253 provides that, “[t]he legal title to all property acquired under ORS 545.239, 545.241, 545.245 and 545.249 shall immediately vest in the irrigation district and shall be held by it in trust for and hereby is dedicated and set apart to the uses and purposes set forth in the…”
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