Oregon Revised Statutes

Or. Rev. Stat. § 545.249 (2026)

Right to condemn for irrigation purposes is a superior right

✓ current as of May 2026

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545.249 Right to condemn for irrigation purposes is a superior right. The use of all water required for the irrigation of the lands of any district formed under the Irrigation District Law, together with all water rights and rights to appropriate water, rights of way for canals and ditches, sites for reservoirs, and all other property required in fully carrying out the Irrigation District Law, is declared to be a public use more necessary and more beneficial than any other use, either public or private, to which the water, water rights, rights to appropriate water, lands or other property have been or may be appropriated within the district. [Formerly 545.088]

545.250 [Amended by 1995 c.42 §145; renumbered 545.573 in 1995]

545.252 [Amended by 1989 c.182 §15; 1995 c.42 §146; renumbered 545.575 in 1995]

Notes of Decisions

Cited in 2 cases, 1999–2007 · leading case: Shasta View Irrigation Dist. v. Amoco Chemicals Corp., 986 P.2d 536 (Or. 1999).

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Shasta View Irrigation Dist. v. Amoco Chemicals Corp., 986 P.2d 536 (Or. 1999). · cites it 2× “See ORS 545.249 (irrigation district's use of all water, water rights, and rights to appropriate water "declared to be a public use more necessary and more beneficial than any other use").”

Fort Vannoy Irrigation Dist. v. Water Resources Comm'n, 162 P.3d 1066 (Or. Ct. App. 2007). “” ORS 545.249. Although the use of water generally must “remain appurtenant to the premises upon which it is used,” ORS 540.”

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