ORS 547.305: Entry on land; acquisition of property; water filings and appropriations; condemnation of property devoted to public use; right of way across state lands.

(1) The officers and employees of any drainage district shall have the right to: (a) Enter upon any land in the manner provided by ORS 35.220. (b) Locate the necessary drainage or irrigation works and the necessary branches for the same, on any lands that may be deemed best for such location. (c) Acquire, either by lease, purchase, condemnation or other legal means, all lands, rights of way, easements and other property necessary for the construction, operation or maintenance of any drainage or irrigation works, including the enlargement, improvement or extension of any natural or artificial waterway for such purposes. (d) Make all necessary water filings or appropriation of water under the general laws of Oregon for irrigation of lands within such district. (2) The property, the right to condemn which is hereby given, shall include property already devoted to public use that is less necessary than the use for which it is required by the district, whether used for drainage, irrigation or any other purpose. The right of way is hereby given, dedicated and set apart to locate, construct and maintain such drainage or irrigation works over and through any of the lands that are now or may be the property of this state. (3) In the acquisition of property or rights by condemnation, proceedings under the provisions of this section shall be brought in the name of the district under the provisions of ORS chapter 35. [Amended by 2003 c.477 §8]