2013 Oregon Revised Statutes
Volume : 13 - Water Resources, Agriculture and Food
Chapter 545 - Irrigation Districts

GENERAL PROVISIONS

• Section 545.001 - Short title.
• Section 545.002 - Definitions.
• Section 545.004
• Section 545.006
• Section 545.007 - Voting rights.
• Section 545.008
• Section 545.010
• Section 545.012
• Section 545.014
• Section 545.016
• Section 545.018
• Section 545.020
• Section 545.022
• Section 545.024

FORMATION OF DISTRICTS

• Section 545.025 - Purposes of irrigation district; process for formation.
• Section 545.026
• Section 545.028
• Section 545.029 - Hearing of petition by county court; authority as to boundaries of district; lands included; order; formation of district without election.
• Section 545.030
• Section 545.032
• Section 545.033 - Naming and division of districts.
• Section 545.034
• Section 545.036
• Section 545.037 - Notice of election for determining organization of district; contents; publication; mailing.
• Section 545.038
• Section 545.040
• Section 545.041 - Conduct of election; contents of nominating petition; verification of electors by county assessor; order declaring result; inclusion of portion of district in another district; commencement of duties by directors.
• Section 545.043 - Qualifications of directors; terms of office; oath.
• Section 545.045

CHANGE OF DISTRICT BOUNDARIES

• Section 545.051 - Change of boundaries authorized; effect on existing rights and liabilities.
• Section 545.057 - Petition for inclusion of lands within district.
• Section 545.059 - Notice of petition; publication; deposit for costs.
• Section 545.061 - Hearing on petition.
• Section 545.062
• Section 545.064
• Section 545.065
• Section 545.066
• Section 545.067 - Liability of petitioners for obligations of district.
• Section 545.068
• Section 545.070
• Section 545.071 - Acceptance or rejection of petition; inclusion of land when owner objects.
• Section 545.072
• Section 545.074
• Section 545.075 - Requirements that may be imposed upon petitioners in western Oregon district; charges or assessments.
• Section 545.076
• Section 545.078
• Section 545.079 - Recording of order including lands in district; effect of order; appeal.
• Section 545.080
• Section 545.081
• Section 545.082
• Section 545.084
• Section 545.085 - Record of petition; admissibility in evidence.
• Section 545.086
• Section 545.088
• Section 545.089 - Redivision of district; election of directors.
• Section 545.090
• Section 545.091 - Inclusion of lands not subject to charges of district.
• Section 545.092
• Section 545.093 - Creation of subdistricts; purpose; change in subdistrict boundaries.
• Section 545.094 - Engineering plan for improvements within subdistricts; notice; hearing; remonstrance.
• Section 545.095 - Charges or assessments for improvements within subdistrict.
• Section 545.097 - Exclusion of tracts; effect on status of district, rights and liabilities.
• Section 545.099 - Petition for exclusion of lands from district; approval by board; payment of costs of exclusion.
• Section 545.101 - Exclusion of subdivisions with three or more tracts on each acre of land; exceptions.
• Section 545.102
• Section 545.104
• Section 545.105 - Assent of bondholders; acknowledgment; filing; recording.
• Section 545.106
• Section 545.108
• Section 545.109 - Recording minutes of board.
• Section 545.110
• Section 545.112
• Section 545.113 - State agency to pay assessment and charges or to petition for exclusion.
• Section 545.114
• Section 545.116
• Section 545.117
• Section 545.118
• Section 545.119
• Section 545.120
• Section 545.122
• Section 545.123 - Redivision of district; election of director.
• Section 545.124
• Section 545.126 - Liability of excluded lands for district's obligations.
• Section 545.131 - Union or merger of districts; petition; approval of board; election; indebtedness.

DISTRICT ELECTIONS AFTER FORMATION

• Section 545.135 - Elections subsequent to organization of district; election of directors.
• Section 545.137 - Notices of election; board of election; place of holding election; nomination of candidates; advertising openings on district board; certificate of election to sole candidate; ballots.
• Section 545.139 - Board of election; polls; ballots.
• Section 545.141 - Conduct of election; challenge and verification of qualifications of elector; counting ballots.
• Section 545.142
• Section 545.144
• Section 545.145 - Certificate of vote; stringing of ballots; sealing of returns; delivery to board secretary; recount.
• Section 545.146
• Section 545.148
• Section 545.149 - Canvass of returns; standard for rejecting certain election documents; canvass to be in public.
• Section 545.150
• Section 545.152
• Section 545.153 - Statement of result; contents; certificate of election; effect of informalities in conduct of election.
• Section 545.154
• Section 545.156
• Section 545.163 - Procedures for conducting election by mail.
• Section 545.167 - Division of district for election of directors; procedure.
• Section 545.169 - Election of directors from newly created divisions.
• Section 545.171 - Election precincts in divisions; alteration.
• Section 545.172
• Section 545.174
• Section 545.176
• Section 545.178

BOARD OF DIRECTORS

• Section 545.181 - Organization of board; officers; establishment of meeting dates; collection, custody and disbursement of moneys.
• Section 545.183 - Compensation and expenses of officers and employees; membership fees in associations.
• Section 545.185 - Meetings of board; quorum; public inspection of records.
• Section 545.187 - Vacancy in office when director ceases to be resident or landowner; appointment of successor.
• Section 545.188 - Filling vacancy in office of director.
• Section 545.189 - Recall of director; procedure; required number of signatures for recall petition.
• Section 545.192
• Section 545.194
• Section 545.196
• Section 545.198
• Section 545.199 - Increase in number of directors upon determination of board or petition; election on increase.
• Section 545.200
• Section 545.202
• Section 545.203 - Election of additional directors; terms of office.
• Section 545.204
• Section 545.206
• Section 545.207 - Redivision of district upon increase in directors; representation of divisions; voting qualifications.
• Section 545.208
• Section 545.210
• Section 545.211 - Decrease in number of directors; redivision of district; terms of office.
• Section 545.212
• Section 545.214
• Section 545.216
• Section 545.218
• Section 545.220
• Section 545.221 - Powers and duties of board as to management of district; water deliveries.
• Section 545.222
• Section 545.224
• Section 545.225 - Contracts; conveyances; suits; judicial knowledge concerning district; audit reports.
• Section 545.226
• Section 545.228
• Section 545.230
• Section 545.232
• Section 545.234
• Section 545.236

POWERS OF DISTRICTS

• Section 545.237 - Right to enter upon lands for inspection and maintenance of water works.
• Section 545.239 - Right to enter upon and acquire lands and water rights; right of condemnation.
• Section 545.241 - Bond or other security as condition of immediate possession in condemnation by irrigation or drainage district.
• Section 545.242
• Section 545.244
• Section 545.245 - Right to immediate possession in condemnation proceeding.
• Section 545.246
• Section 545.248
• Section 545.249 - Right to condemn for irrigation purposes is a superior right.
• Section 545.250
• Section 545.252
• Section 545.253 - Title to and rights in property acquired.
• Section 545.254
• Section 545.256
• Section 545.257 - Authority of irrigation district to acquire domestic or municipal water works; assumption of obligations; sale of surplus water; impairment of irrigation service forbidden.
• Section 545.258
• Section 545.260
• Section 545.262
• Section 545.264
• Section 545.266
• Section 545.268
• Section 545.270
• Section 545.271 - Furnishing water.
• Section 545.272
• Section 545.274
• Section 545.275 - Lien on crops for water supplied for irrigation; enforcement; attorney fees.
• Section 545.276
• Section 545.278
• Section 545.279 - District may require water control devices and measuring devices; notice to water user; objections; hearing.
• Section 545.280
• Section 545.282
• Section 545.283 - Joinder of districts in acquisition or construction of irrigation or other water use works.
• Section 545.284
• Section 545.286
• Section 545.287 - Directors may construct or maintain improvements, levy assessments or provide for charges.
• Section 545.288
• Section 545.290
• Section 545.291 - Apportionment of water to tracts; employment of person to distribute water; assessment or charge; lien on land.
• Section 545.293 - Resolution for water distribution works or services; hearing of objections; construction, repair or maintenance of improvement; apportionment of costs; assessment.
• Section 545.295 - Conditions required in certain districts before delivering water to additional lands; order; charges and assessments.
• Section 545.301 - Financing acquisition of water works; contracts with federal government; approval by electors.
• Section 545.303 - Water works system to be self-sustaining; payment of indebtedness; rates; separate accounts.
• Section 545.305 - Election concerning acquisition of water works.
• Section 545.307 - Investment of surplus funds in federal or state bonds.
• Section 545.312
• Section 545.314
• Section 545.315 - Petition to construct improvements for irrigation; contents; assent of petitioners to assessment of cost of improvement.
• Section 545.316
• Section 545.318
• Section 545.319 - Elections on question of constructing improvement; resolution of directors.
• Section 545.320
• Section 545.322
• Section 545.323 - Majority of votes required to approve construction of improvement; cost; apportionment; assessment.
• Section 545.324
• Section 545.326
• Section 545.328
• Section 545.330
• Section 545.332
• Section 545.335 - Drainage works; construction authorized; powers of districts; designation of bonds.

DEVELOPMENT OF DISTRICT LANDS BY UNITED STATES

• Section 545.343 - Obligations or contracts with United States under Reclamation Act; acquisition of federal lands.
• Section 545.345 - Conveyance of lands to United States.
• Section 545.347 - Obligations or contracts with United States under Fact Finders' Act.
• Section 545.349 - Authority to transfer land to federal government for development and colonization; repayment of expenditures; levy of assessments; funds; contracts with federal government.
• Section 545.351 - Acquisition of lands from owners; crediting of value on charge against remainder of land.
• Section 545.352
• Section 545.354
• Section 545.355 - Proceedings on extension or cancellation of payments due federal government.
• Section 545.356
• Section 545.358
• Section 545.359 - Contracts with federal government for flood control works.
• Section 545.360

SALE OF DISTRICT PROPERTY

• Section 545.365 - Disposition of real property acquired by district; sale to member of board or employee prohibited.
• Section 545.367 - Authorization of sale of property, excess water or hydroelectric power.
• Section 545.369 - Release of lien of bonds; form; acknowledgment by bondholders; copy of release as evidence.
• Section 545.371 - Consent of bondholders; notice requiring presentation of objections; implication of consent; hearing of objections by directors.
• Section 545.373 - Proceeds of sale; special fund; uses of moneys.
• Section 545.375 - Purchaser rights; power of directors respecting contracts and instruments relating to transfer.

CHARGES AND ASSESSMENTS

• Section 545.381 - Annual assessments; computation of amount to be raised; apportionment; determination of acreage and assessments; credit for water rights.
• Section 545.382
• Section 545.384
• Section 545.385 - Certain lands may be assessed at different amounts; additional service charge.
• Section 545.387 - Assessment on benefit basis; determination of benefits.
• Section 545.389 - Deduction for rights or property required by district; assessments pending construction.
• Section 545.391 - Assessments for contracts with United States.
• Section 545.393 - Resolution concerning assessments for payment to United States; publication; collection by county officers.
• Section 545.395 - Development of district by units; apportionment of assessments; inclusion of noncontiguous land; assessment of reclaimed or improved lands for district obligations.
• Section 545.397 - Districts developed by units; validation.
• Section 545.399 - Contract with United States; annual assessments or direct billings.
• Section 545.401 - Deposit of moneys in special fund; uses.
• Section 545.402
• Section 545.404
• Section 545.406
• Section 545.408
• Section 545.410
• Section 545.412
• Section 545.413 - Record of assessments and apportionments; error in description; evidence.
• Section 545.414
• Section 545.416 - Equalization of assessment and apportionment of taxes; notice of time of meeting of board; public inspection of list.
• Section 545.418 - Meeting of board; duration; hearing and determination of objections to assessments and apportionment; changes.
• Section 545.420 - Certification of assessments to county assessors; entry on assessment roll; collection of taxes; deposit of sums collected; disbursements from fund; taxation of state and federal lands.
• Section 545.422 - Nonperformance by board; assessment, levy and equalization by county court.
• Section 545.424 - Validation of assessments; defective entry on assessment roll; lands partly outside district.
• Section 545.426 - Misnomer or mistake relating to ownership not to affect sale.
• Section 545.428 - Collection of assessments by board secretary; purpose; treatment of unpaid assessments.
• Section 545.430 - Objections by bondholders; payment from funds otherwise obtained.
• Section 545.432
• Section 545.433
• Section 545.434
• Section 545.436
• Section 545.438
• Section 545.440
• Section 545.442
• Section 545.444
• Section 545.446
• Section 545.448
• Section 545.450
• Section 545.452
• Section 545.454
• Section 545.456
• Section 545.458
• Section 545.460 - Withholding water while assessments are unpaid; accepting security for payment of assessments.
• Section 545.462 - Cancellation or compromise of assessment liens on lands acquired by county for taxes.
• Section 545.464 - Order to tax collector to cancel or change liens; correction of delinquent tax rolls.
• Section 545.466 - Effect of ORS 545.462 and 545.464 on existing laws.
• Section 545.468 - Exemption of parcel of land from payment of charge or assessment; qualification of owner of excluded parcel as district elector.
• Section 545.471 - Charges for water supply; rates; collections and disbursements; basis of charges.
• Section 545.473 - Districts providing for collection of charges by board secretary; levy of percentage of annual rates.
• Section 545.475 - Lands subject to assessment.
• Section 545.477 - Collection of charges; acceptance of district warrants; disposal of moneys collected.
• Section 545.479 - Provisions not exclusive nor operative to relieve district of duty respecting obligations.

ALTERNATIVE METHOD OF COLLECTING INCURRED CHARGES

• Section 545.482 - Authorization of method for billing and collecting incurred charges.
• Section 545.484 - Computation of amount to be raised; apportionment of charges; fixing due date and delinquency date; fee for other services.
• Section 545.486
• Section 545.487 - Pressurization charge; application to certain lands; apportionment.
• Section 545.488
• Section 545.490
• Section 545.492
• Section 545.494 - Unpaid charge as lien on land; priority respecting other liens and claims.
• Section 545.496 - Collection of incurred charges; withholding of water until payment; interest on unpaid charges.
• Section 545.498 - Surety bond to be given by board secretary prior to handling district funds.
• Section 545.500
• Section 545.502 - Foreclosure; procedure; redemption after sale; attorney fees.
• Section 545.504 - Redemption of land upon or prior to foreclosure sale.
• Section 545.506 - Payment of taxes by district; amount paid added to lien.
• Section 545.507 - Borrowing for payment of operation and maintenance costs.
• Section 545.508 - Moneys collected; deposit; separation of funds; disbursements.

BONDS; CONTRACTS WITH STATE OR FEDERAL GOVERNMENT

• Section 545.511 - Authorization of bonds, including refunding bonds; contract with state or with United States; election; notice.
• Section 545.513 - Resubmission of questions to electors; contracts not requiring vote.
• Section 545.515 - Bonds; interest included in authorized amount.
• Section 545.517 - Bonds securing payments to United States.
• Section 545.519 - Issuance of bonds; cancellation of bonds.
• Section 545.521 - Bonds of districts organized before 1925 with indebtedness of $50,000; retirement of outstanding bonds as condition of further indebtedness; authorization and sale of refunding bonds; application of proceeds; redemption.
• Section 545.522
• Section 545.524
• Section 545.526
• Section 545.529 - Bonds and payments payable from assessments; liability of lands.
• Section 545.530
• Section 545.532 - Increase of assessments to meet defaults; property liable for indebtedness; possession of works upon default.
• Section 545.535 - Lien against assessed lands; priority.
• Section 545.537 - Sale of lands for delinquency; purchase by district.
• Section 545.539 - Bond sinking funds; other funds.
• Section 545.541 - Retirement of bonds prior to maturity.
• Section 545.542
• Section 545.544
• Section 545.545 - Determination of liability of individual tracts for bonded indebtedness; acceptance of bonds and cash in payment.
• Section 545.546
• Section 545.548
• Section 545.551 - Application of ORS 545.553 and 545.555.
• Section 545.553 - Petition for election on authorization and issuance of bonds.
• Section 545.555 - Holding election; notice.
• Section 545.557 - Bonds; maturities; reserves; interest; trustees.
• Section 545.559 - Bonds and coupons to be negotiable instruments.
• Section 545.562
• Section 545.563
• Section 545.564

ALTERNATIVE METHOD OF ISSUING BONDS

• Section 545.565 - Refunding bonds; procedure.
• Section 545.567 - Determination of liability for assessment to pay bonds; determination on basis of irrigable area or benefits accrued.
• Section 545.569 - Amounts paid to owners for property or rights.
• Section 545.571 - Notice of determination; publication; contents.
• Section 545.573 - Equalization of assessments; hearings.
• Section 545.575 - Order determining benefits; order of assessment; "benefit surplus" defined.
• Section 545.577 - Notice of proceedings; appeal to circuit court; notice and summons.

Trial Court Administrator

• Section 545.579 - Pleadings; trial; appeal; finality of assessment order.
• Section 545.581 - Assessment installments.
• Section 545.582
• Section 545.584
• Section 545.585 - Bonds; issuance; purposes; form; amortization; maturities; negotiability; numbering; interest; denomination; registration; amount maturing annually; retirement.
• Section 545.586
• Section 545.588
• Section 545.589 - Recording of assessments; bond lien docket; payment by bonds or coupons; interest on unpaid assessments; lien on land; priority.
• Section 545.590
• Section 545.592
• Section 545.593
• Section 545.594
• Section 545.595 - Payment of assessment; relief from further assessment.
• Section 545.596
• Section 545.598
• Section 545.599 - Five-year additional assessment; emergency assessments; emergency fund.
• Section 545.600
• Section 545.602
• Section 545.603 - Entry on assessment roll; lien on land; collection; disposal of moneys collected; liability of land sold for taxes; exception.
• Section 545.604
• Section 545.606
• Section 545.607 - Retirement of bonds before maturity.
• Section 545.608
• Section 545.610
• Section 545.611
• Section 545.612
• Section 545.613
• Section 545.614
• Section 545.615
• Section 545.616
• Section 545.617 - Sale of land for delinquent assessments; district as purchaser; payment of proceeds into emergency fund; purchase price paid by district.
• Section 545.618
• Section 545.620
• Section 545.621 - Exchange of refunding bonds for outstanding indebtedness; exchange of interest certificates for bonds.
• Section 545.622
• Section 545.624
• Section 545.625
• Section 545.626
• Section 545.628
• Section 545.629 - Declaration of intent to dispose of bonds; resolution; notice of sale; publication.
• Section 545.631 - Consent of creditors to refunding of indebtedness.
• Section 545.633 - Obtaining constructive consent of unknown or dissenting creditors; petition.
• Section 545.635 - Notice of court proceeding to obtain constructive consent; effect of failure to file objection.
• Section 545.637 - Hearing on petition; judgment; trustee.
• Section 545.639 - Nature of proceeding; appeal; nonprejudicial errors; costs.

ALTERNATIVE METHOD OF LIQUIDATING INDEBTEDNESS

• Section 545.643 - Contract providing plan of liquidation; resolution; investigation by and approval of Water Resources Commission.
• Section 545.645 - Terms of contract; parties; execution.
• Section 545.647 - Recording of contract; effective date; preeminence of contract with respect to rights and liabilities.
• Section 545.649 - New contract in lieu of previous contract.
• Section 545.651 - Constructive consent of holders of outstanding indebtedness; procedure for obtaining consent; petition.
• Section 545.652
• Section 545.654
• Section 545.655 - Notice of petition and terms of contract; failure to file dissent; effect.
• Section 545.656
• Section 545.658
• Section 545.659 - Hearing on petition; judgment; trustee.
• Section 545.660
• Section 545.662
• Section 545.663 - Nature of proceeding; appeal; nonprejudicial errors; costs.
• Section 545.664
• Section 545.666
• Section 545.667 - State Treasurer as depository.

ADDITIONAL METHOD OF LIQUIDATING INDEBTEDNESS

• Section 545.671 - Contract providing plan of liquidation; resolution of directors.
• Section 545.673 - Terms of contract.
• Section 545.675 - Parties to contract; execution.
• Section 545.677 - Election authorizing directors to enter into contract.
• Section 545.679 - Recording of contract; effective date; preeminence of contract with respect to rights and liabilities.

CLAIMS AGAINST DISTRICTS

• Section 545.683 - Submission of claims to board; drawing of warrants; payment; lack of funds; interest on warrants; debts payable by warrants; receipt of warrants, bonds and interest coupons in payment of charges; amount of outstanding warrants; monthly report of district finances.
• Section 545.685 - Establishing bank account for payment of labor and emergency expenses.
• Section 545.990