ORS 273.761: Right of way for water ditches and pipes.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A right of way for construction of a water ditch to be used for irrigation, manufacturing or mining purposes, ditches or water pipes for conveying water to political subdivisions for domestic purposes, or for the extinguishment of fires, is granted for a distance of 25 feet on each side of such ditches or water pipes to any person who may construct such water ditches or water pipes over any submersible, swamp or school lands. (2) A right of way for the construction and maintenance of domestic and industrial water supply mains, sanitary pressure mains and storm water outfalls is granted for a distance of 25 feet on each side of such mains and outfalls to any municipal corporation that constructs and maintains them in or over submerged or submersible lands or new lands created thereon. (3) All deeds, leases and easements granted by the State of Oregon for any of the lands mentioned in this section shall be made subject to any vested rights of the owners of such water ditches, water pipes, mains or outfalls as may have been acquired under this section. (4) The person or municipal corporation constructing such water ditches, water pipes, mains or outfalls shall file with the Department of State Lands a copy of the field notes of the survey of such ditches, water pipes, mains or outfalls, showing their location. (5) Any construction, maintenance, relocation or extension of a main or outfall described in subsection (2) of this section shall be carried out in accordance with any applicable rules of the department. [Formerly 273.200; 1973 c.511 §2]
Administrative rules citing this section
- OAR 141-122-0010: Purpose and Applicability — implements
- OAR 141-122-0020: Policies — implements
- OAR 141-122-0030: Definitions — implements
- OAR 141-122-0040: Easement Application Requirements — implements
- OAR 141-122-0050: Easement Application Review and Approval Process — implements
- OAR 141-122-0060: Compensation — implements
- OAR 141-122-0070: General Easement Terms And Conditions — implements
- OAR 141-122-0080: Assignment of Easements — implements
- OAR 141-122-0090: Termination of an Easement — implements
- OAR 141-122-0100: Easements Issued on Common School Forest Land — implements
- OAR 141-122-0105: Easements For Structures and Facilities Necessary for the Use of Water — implements
- OAR 141-122-0110: Unauthorized Uses and Penalties — implements
- OAR 141-122-0120: Reconsideration of Decision — implements
- OAR 141-122-0130: Enforcement Actions; Civil Penalties and Other Remedies — implements
- OAR 141-123-0010: Purpose and Applicability — implements
- OAR 141-123-0020: General Provisions — implements
- OAR 141-123-0030: Definitions — implements
- OAR 141-123-0040: Easement Application Requirements — implements
- OAR 141-123-0050: Easement Application Review and Approval Process — implements
- OAR 141-123-0060: Compensation — implements
- OAR 141-123-0070: General Easement Terms and Conditions — implements
- OAR 141-123-0080: Transfer of Easements — implements
- OAR 141-123-0090: Termination of an Easement — implements
- OAR 141-123-0100: Easements for Structures and Facilities Necessary for the Use of Water — implements
- OAR 141-123-0105: Unauthorized Uses and Penalties — implements
- OAR 141-123-0110: Reconsideration of Decision — implements
- OAR 141-123-0120: Enforcement Actions; Civil Penalties and Other Remedies — implements
This rule cites
No citations extracted.
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors273.html