Oregon Chapter 545
Chapter 545 — Irrigation DistrictsDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 545 —
Irrigation Districts
2007 EDITION
IRRIGATION DISTRICTS
WATER LAWS
GENERAL PROVISIONS
545.001 Short
title
545.002 Definitions
545.007 Voting
rights
FORMATION OF DISTRICTS
545.025 Purposes
of irrigation district; process for formation
545.029 Hearing
of petition by county court; authority as to boundaries of district; lands
included; order; formation of district without election
545.033 Naming
and division of districts
545.037 Notice
of election for determining organization of district; contents; publication;
mailing
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
545.043 Qualifications
of directors; terms of office; oath
CHANGE OF DISTRICT BOUNDARIES
(Generally)
545.051 Change
of boundaries authorized; effect on existing rights and liabilities
(Addition of Land)
545.057 Petition
for inclusion of lands within district
545.059 Notice
of petition; publication; deposit for costs
545.061 Hearing
on petition
545.067 Liability
of petitioners for obligations of district
545.071 Acceptance
or rejection of petition; inclusion of land when owner objects
545.075 Requirements
that may be imposed upon petitioners in western
545.079 Recording
of order including lands in district; effect of order; appeal
545.085 Record
of petition; admissibility in evidence
545.089 Redivision
of district; election of directors
545.091 Inclusion
of lands not subject to charges of district
(Subdistricts)
545.093 Creation
of subdistricts; purpose; change in subdistrict boundaries
545.094 Engineering
plan for improvements within subdistricts; notice; hearing; remonstrance
545.095 Charges
or assessments for improvements within subdistrict
(Exclusion of Land)
545.097 Exclusion
of tracts; effect on status of district, rights and liabilities
545.099 Petition
for exclusion of lands from district; approval by board; payment of costs of
exclusion
545.101 Exclusion
of subdivisions with three or more tracts on each acre of land; exceptions
545.105 Assent
of bondholders; acknowledgment; filing; recording
545.109 Recording
minutes of board
545.113 State
agency to pay assessment and charges or to petition for exclusion
545.123 Redivision
of district; election of director
545.126 Liability
of excluded lands for district’s obligations
(
545.131
DISTRICT ELECTIONS AFTER FORMATION
(Generally)
545.135 Elections
subsequent to organization of district; election of directors
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
545.139 Board
of election; polls; ballots
545.141 Conduct
of election; challenge and verification of qualifications of elector; counting
ballots
545.145 Certificate
of vote; stringing of ballots; sealing of returns; delivery to board secretary;
recount
545.149 Canvass
of returns; standard for rejecting certain election documents; canvass to be in
public
545.153 Statement
of result; contents; certificate of election; effect of informalities in
conduct of election
(Elections by Mail)
545.163 Procedures
for conducting election by mail
(Electoral Districts)
545.167 Division
of district for election of directors; procedure
545.169 Election
of directors from newly created divisions
545.171 Election
precincts in divisions; alteration
BOARD OF DIRECTORS
(Organization)
545.181 Organization
of board; officers; establishment of meeting dates; collection, custody and
disbursement of moneys
545.183 Compensation
and expenses of officers and employees; membership fees in associations
545.185 Meetings
of board; quorum; public inspection of records
545.187 Vacancy
in office when director ceases to be resident or landowner; appointment of successor
545.189 Recall
of director; procedure; required number of signatures for recall petition
(Change in Number of Directors)
545.199 Increase
in number of directors upon determination of board or petition; election on
increase
545.203 Election
of additional directors; terms of office
545.207 Redivision
of district upon increase in directors; representation of divisions; voting
qualifications
545.211 Decrease
in number of directors; redivision of district; terms of office
(General Powers and Duties)
545.221 Powers
and duties of board as to management of district; water deliveries
545.225 Contracts;
conveyances; suits; judicial knowledge concerning district; audit reports
POWERS OF DISTRICTS
(Acquisition of and Entry onto Land)
545.237 Right
to enter upon lands for inspection and maintenance of water works
545.239 Right
to enter upon and acquire lands and water rights; right of condemnation
545.241 Bond
or other security as condition of immediate possession in condemnation by
irrigation or drainage district
545.245 Right
to immediate possession in condemnation proceeding
545.249 Right
to condemn for irrigation purposes is a superior right
545.253 Title
to and rights in property acquired
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
(Distribution of Water)
545.271 Furnishing
water
545.275 Lien
on crops for water supplied for irrigation; enforcement; attorney fees
545.279 District
may require water control devices and measuring devices; notice to water user;
objections; hearing
545.283 Joinder
of districts in acquisition or construction of irrigation or other water use
works
545.287 Directors
may construct or maintain improvements, levy assessments or provide for charges
545.291 Apportionment
of water to tracts; employment of person to distribute water; assessment or
charge; lien on land
545.293 Resolution
for water distribution works or services; hearing of objections; construction,
repair or maintenance of improvement; apportionment of costs; assessment
545.295 Conditions
required in certain districts before delivering water to additional lands;
order; charges and assessments
(Finances)
545.301 Financing
acquisition of water works; contracts with federal government; approval by
electors
545.303 Water
works system to be self-sustaining; payment of indebtedness; rates; separate
accounts
545.305 Election
concerning acquisition of water works
545.307 Investment
of surplus funds in federal or state bonds
(Construction of Improvements)
545.315 Petition
to construct improvements for irrigation; contents; assent of petitioners to
assessment of cost of improvement
545.319 Elections
on question of constructing improvement; resolution of directors
545.323 Majority
of votes required to approve construction of improvement; cost; apportionment;
assessment
(Miscellaneous)
545.335 Drainage
works; construction authorized; powers of districts; designation of bonds
DEVELOPMENT OF DISTRICT LANDS BY UNITED
STATES
545.343 Obligations
or contracts with
545.345 Conveyance
of lands to
545.347 Obligations
or contracts with
545.349 Authority
to transfer land to federal government for development and colonization;
repayment of expenditures; levy of assessments; funds; contracts with federal
government
545.351 Acquisition
of lands from owners; crediting of value on charge against remainder of land
545.355 Proceedings
on extension or cancellation of payments due federal government
545.359 Contracts
with federal government for flood control works
545.365 Disposition
of real property acquired by district; sale to member of board or employee
prohibited
545.367 Authorization
of sale of property, excess water or hydroelectric power
545.369 Release
of lien of bonds; form; acknowledgment by bondholders; copy of release as
evidence
545.371 Consent
of bondholders; notice requiring presentation of objections; implication of
consent; hearing of objections by directors
545.373 Proceeds
of sale; special fund; uses of moneys
545.375 Purchaser
rights; power of directors respecting contracts and instruments relating to
transfer
CHARGES AND ASSESSMENTS
(Generally)
545.381 Annual
assessments; computation of amount to be raised; apportionment; determination
of acreage and assessments; credit for water rights
545.385 Certain
lands may be assessed at different amounts; additional service charge
545.387 Assessment
on benefit basis; determination of benefits
545.389 Deduction
for rights or property required by district; assessments pending construction
545.391 Assessments
for contracts with
545.393 Resolution
concerning assessments for payment to
545.395 Development
of district by units; apportionment of assessments; inclusion of noncontiguous
land; assessment of reclaimed or improved lands for district obligations
545.397 Districts
developed by units; validation
545.399 Contract
with
545.401 Deposit
of moneys in special fund; uses
(Assessment Procedure)
545.413 Record
of assessments and apportionments; error in description; evidence
545.416 Equalization
of assessment and apportionment of taxes; notice of time of meeting of board;
public inspection of list
545.418 Meeting
of board; duration; hearing and determination of objections to assessments and
apportionment; changes
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
545.422 Nonperformance
by board; assessment, levy and equalization by county court
545.424 Validation
of assessments; defective entry on assessment roll; lands partly outside
district
545.426 Misnomer
or mistake relating to ownership not to affect sale
545.428 Collection
of assessments by board secretary; purpose; treatment of unpaid assessments
545.430 Objections
by bondholders; payment from funds otherwise obtained
(Unpaid Assessments)
545.460 Withholding
water while assessments are unpaid; accepting security for payment of
assessments
545.462 Cancellation
or compromise of assessment liens on lands acquired by county for taxes
545.464 Order
to tax collector to cancel or change liens; correction of delinquent tax rolls
545.466 Effect
of ORS 545.462 and 545.464 on existing laws
(Exemptions)
545.468 Exemption
of parcel of land from payment of charge or assessment; qualification of owner
of excluded parcel as district elector
(Charges for Water Supply and Retirement of
Warrants)
545.471 Charges
for water supply; rates; collections and disbursements; basis of charges
545.473 Districts
providing for collection of charges by board secretary; levy of percentage of
annual rates
545.475 Lands
subject to assessment
545.477 Collection
of charges; acceptance of district warrants; disposal of moneys collected
545.479 Provisions
not exclusive nor operative to relieve district of duty respecting obligations
ALTERNATIVE METHOD OF COLLECTING INCURRED
CHARGES
545.482 Authorization
of method for billing and collecting incurred charges
545.484 Computation
of amount to be raised; apportionment of charges; fixing due date and
delinquency date; fee for other services
545.487 Pressurization
charge; application to certain lands; apportionment
545.494 Unpaid
charge as lien on land; priority respecting other liens and claims
545.496 Collection
of incurred charges; withholding of water until payment; interest on unpaid
charges
545.498 Surety
bond to be given by board secretary prior to handling district funds
545.502 Foreclosure;
procedure; redemption after sale; attorney fees
545.504 Redemption
of land upon or prior to foreclosure sale
545.506 Payment
of taxes by district; amount paid added to lien
545.507 Borrowing
for payment of operation and maintenance costs
545.508 Moneys
collected; deposit; separation of funds; disbursements
BONDS; CONTRACTS WITH STATE OR FEDERAL
GOVERNMENT
(Authorization for Bonds or Contracts)
545.511 Authorization
of bonds, including refunding bonds; contract with state or with
545.513 Resubmission
of questions to electors; contracts not requiring vote
545.515 Bonds;
interest included in authorized amount
545.517 Bonds
securing payments to
545.519 Issuance
of bonds; cancellation of bonds
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
(Bonds and Contracts as General Obligations)
545.529 Bonds
and payments payable from assessments; liability of lands
545.532 Increase
of assessments to meet defaults; property liable for indebtedness; possession
of works upon default
(Payment of Assessments for Bonds and Contract
Obligations)
545.535 Lien
against assessed lands; priority
545.537
545.539 Bond
sinking funds; other funds
545.541 Retirement
of bonds prior to maturity
545.545 Determination
of liability of individual tracts for bonded indebtedness; acceptance of bonds
and cash in payment
(Issuance of Bonds by Certain Districts)
545.551 Application
of ORS 545.553 and 545.555
545.553 Petition
for election on authorization and issuance of bonds
545.555 Holding
election; notice
545.557 Bonds;
maturities; reserves; interest; trustees
545.559 Bonds
and coupons to be negotiable instruments
ALTERNATIVE METHOD OF ISSUING BONDS
545.565 Refunding
bonds; procedure
545.567 Determination
of liability for assessment to pay bonds; determination on basis of irrigable
area or benefits accrued
545.569 Amounts
paid to owners for property or rights
545.571 Notice
of determination; publication; contents
545.573 Equalization
of assessments; hearings
545.575 Order
determining benefits; order of assessment; “benefit surplus” defined
545.577 Notice
of proceedings; appeal to circuit court; notice and summons
545.579 Pleadings;
trial; appeal; finality of assessment order
545.581 Assessment
installments
545.585 Bonds;
issuance; purposes; form; amortization; maturities; negotiability; numbering;
interest; denomination; registration; amount maturing annually; retirement
545.589 Recording
of assessments; bond lien docket; payment by bonds or coupons; interest on
unpaid assessments; lien on land; priority
545.595 Payment
of assessment; relief from further assessment
545.599 Five-year
additional assessment; emergency assessments; emergency fund
545.603 Entry
on assessment roll; lien on land; collection; disposal of moneys collected;
liability of land sold for taxes; exception
545.607 Retirement
of bonds before maturity
545.617
545.621 Exchange
of refunding bonds for outstanding indebtedness; exchange of interest
certificates for bonds
545.629 Declaration
of intent to dispose of bonds; resolution; notice of sale; publication
545.631 Consent
of creditors to refunding of indebtedness
545.633 Obtaining
constructive consent of unknown or dissenting creditors; petition
545.635 Notice
of court proceeding to obtain constructive consent; effect of failure to file
objection
545.637 Hearing
on petition; judgment; trustee
545.639 Nature
of proceeding; appeal; nonprejudicial errors; costs
ALTERNATIVE METHOD OF LIQUIDATING
INDEBTEDNESS
545.643 Contract
providing plan of liquidation; resolution; investigation by and approval of
Water Resources Commission
545.645 Terms
of contract; parties; execution
545.647 Recording
of contract; effective date; preeminence of contract with respect to rights and
liabilities
545.649 New
contract in lieu of previous contract
545.651 Constructive
consent of holders of outstanding indebtedness; procedure for obtaining consent;
petition
545.655 Notice
of petition and terms of contract; failure to file dissent; effect
545.659 Hearing
on petition; judgment; trustee
545.663 Nature
of proceeding; appeal; nonprejudicial errors; costs
545.667 State
Treasurer as depository
ADDITIONAL METHOD OF LIQUIDATING INDEBTEDNESS
545.671 Contract
providing plan of liquidation; resolution of directors
545.673 Terms
of contract
545.675 Parties
to contract; execution
545.677 Election
authorizing directors to enter into contract
545.679 Recording
of contract; effective date; preeminence of contract with respect to rights and
liabilities
CLAIMS AGAINST DISTRICTS
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
545.685 Establishing
bank account for payment of labor and emergency expenses
GENERAL PROVISIONS
545.001
Short title. This chapter
may be referred to as the Irrigation District Law. [1995 c.42 §1]
545.002
Definitions. As used in this
chapter:
(1) “Board” or “board of directors” means
the governing body of a district.
(2) “District” means an irrigation district
organized or operating under this chapter.
(3) “Owner of land” or “elector” includes
every person 18 years of age or older, whether a resident of the district or
state or not, who is an owner or a vendee under a contract of purchase of land
situated within the district and subject to the charges or assessments of the
district. [Amended by 1993 c.771 §3; 1995 c.42 §2]
545.004 [Amended by 1967 c.503 §1; 1993 c.771 §4;
1995 c.42 §4; renumbered 545.025 in 1995]
545.006 [Amended by 1993 c.771 §5; 1995 c.42 §5;
renumbered 545.029 in 1995]
545.007
Voting rights. (1) In any
matter requiring or allowing a vote of the owners of land or the electors of a
district:
(a) If ownership is in estates by the
entirety, tenants in common, or in other cases of multiple ownership, only one
vote shall be allowed on behalf of all the owners under each multiple
ownership. The vote may be cast by any one of the multiple owners. When two or
more persons attempt to cast a vote under this paragraph, only the vote of the
person who first casts a vote shall be counted.
(b) Any corporation may vote as a single
owner of land through any officer or agent when the officer or agent is
authorized to vote by the corporation and the written authorization is filed
with the secretary of the board of directors of the district.
(c) Any general partnership, limited
partnership or limited liability company may vote as a single owner of land
through any general partner, member or agent when the general partner, member
or agent is authorized to vote by the entity and written evidence of the
authority of the general partner, member or agent is filed with the secretary
of the board of directors of the district.
(d) Any trustee of a trust, guardian,
administrator or executor authorized to act as such of a person or estate
owning land within the district shall be considered an owner of land for the
purposes of the Irrigation District Law, when the owner in fee is not otherwise
entitled to vote.
(e) An owner of land or elector may vote
according to the total amount of acreage within the district owned by the owner
or elector that is subject to the charges or assessments of the district on the
basis of:
(A) One vote for up to 40 acres;
(B) Two votes for 40 acres or more but not
more than 160 acres; and
(C) Three votes for more than 160 acres.
(f) When a district is divided into
divisions under ORS 545.033 or 545.207 and voting is by the qualified electors
within a division for a director from that division, an elector who is
permitted under ORS 545.207 to vote in that division may cast the number of
votes under subsection (1)(e) of this section that represents the total amount
of eligible acreage owned by the elector within the whole district.
(2) The weighted voting provisions of
subsection (1)(e) of this section do not apply in an election for the formation
of a district and for its initial board of directors under ORS 545.041 and
545.043 (1). In such an election, each owner of land is entitled to cast one
vote. [1995 c.42 §3; 1995 c.754 §3; 1999 c.452 §4]
545.008 [Amended by 1995 c.42 §6; renumbered 545.033
in 1995]
545.010 [Amended by 1967 c.503 §2; 1991 c.249 §54;
1993 c.771 §6; 1995 c.42 §7; renumbered 545.037 in 1995]
545.012 [Amended by 1993 c.771 §7; 1995 c.42 §8;
1995 c.754 §4; renumbered 545.041 in 1995]
545.014 [Amended by 1969 c.669 §13; 1989 c.182 §6;
1995 c.42 §9; renumbered 545.043 in 1995]
545.016 [Amended by 1969 c.345 §12; repealed by 1989
c.182 §49]
545.018 [Amended by 1959 c.348 §1; 1993 c.771 §8;
1995 c.42 §44; renumbered 545.199 in 1995]
545.020 [Amended by 1995 c.42 §45; renumbered
545.203 in 1995]
545.022 [Amended by 1953 c.233 §2; 1993 c.771 §9;
1995 c.42 §46; renumbered 545.207 in 1995]
545.024 [Amended by 1995 c.42 §47; renumbered
545.211 in 1995]
FORMATION OF
DISTRICTS
545.025
Purposes of irrigation district; process for formation. (1) When owners of land that is irrigated or
susceptible to irrigation desire to provide for the construction of works for
irrigation of their land, to provide for the reconstruction, betterment,
extension, purchase, operation or maintenance of works already constructed, or
to provide for the assumption of indebtedness to the United States incurred
under the federal reclamation laws on account of their lands, they may propose the
organization of an irrigation district under the Irrigation District Law by
signing a petition and filing it with the county court of the principal county,
as defined in ORS 198.705. The petition must be signed by a majority of the
owners of land or 50 owners of land within the exterior boundaries of the
proposed district.
(2) The petition shall set forth:
(a) A statement that the petition is filed
for the formation of an irrigation district under the Irrigation District Law;
(b) The name of the proposed district;
(c) A description of the exterior
boundaries of the proposed district. The description may be by metes and
bounds, quarter quarter section lines or assessor’s map and tax lot numbers;
(d) A statement declaring whether the
district board of directors shall consist of three or five members and, if
three members, whether the district shall be subdivided for the election of
directors or whether directors shall be elected at large; and
(e) A request that proceedings be taken
for the formation of the district.
(3) ORS 198.760, 198.765, 198.770 and
198.775 apply to petitions for the formation of an irrigation district, except
that an economic feasibility statement is not required.
(4) The circulator shall certify on each
signature sheet that the circulator witnessed the signing of the signature
sheet by each individual whose signature appears on the signature sheet.
(5) A description and map of all of the
lands that are included within the proposed district and that will be subject
to the charges and assessments of the district, together with the names and
mailing addresses of all of the owners of the lands, shall be included in the
petition or attached to the petition as an exhibit. Reference to the assessor’s
map and tax lot number is sufficient for the description of lands required
under this subsection.
(6) When the petition for formation is
filed with the county court of the principal county, the county court shall set
a date for a hearing on the petition. The date set for the hearing shall be not
less than 30 days nor more than 50 days after the date on which the petition is
filed. The county court shall cause notice of the hearing to be posted in at
least three public places in the county and published by two insertions in a
newspaper. The notice shall state:
(a) The purpose for which the district is
to be formed.
(b) The name and boundaries of the
proposed district.
(c) The time and place for the hearing on
the petition.
(d) That all interested persons may appear
and be heard.
(7) If the petition is signed by all of
the owners of all of the lands that are included within the proposed district
and that will be subject to the charges and assessments of the proposed
district, publication of the notice of the hearing on the petition is not required.
A petition signed by all of the owners of all of the lands that are included
within the proposed district and that will be subject to the charges and
assessments of the proposed district may also contain the names of persons
desired as the members of the first board of directors of the proposed
district, the initial term of office of each director and a written statement
from each of those persons in which the person agrees to serve as a director of
the proposed district.
(8) If an elector is not a resident of the
district or this state, a legal representative of the owner of land, including
an individual acting pursuant to a power of attorney, may sign a formation
petition for and on behalf of the owner. [Formerly 545.004; 1999 c.318 §32;
1999 c.452 §5; 2007 c.848 §27]
545.026 [Amended by 1993 c.771 §10; 1995 c.42 §31;
1995 c.754 §5; renumbered 545.137 in 1995]
545.028 [Amended by 1967 c.609 §5; 1979 c.190 §427;
1995 c.42 §32; renumbered 545.139 in 1995]
545.029
Hearing of petition by county court; authority as to boundaries of district;
lands included; order; formation of district without election. (1) When the petition for formation of an
irrigation district is filed, the county court shall hold the hearing required
under ORS 545.025 (6). The county court may adjourn the hearing from time to
time, but the hearing shall not be extended over a period exceeding four weeks.
At the end of the hearing, the county court may make such changes in the
proposed boundaries as the court may find proper, and shall establish and
define the boundaries, subject to the following:
(a) An irrigation district may not include
land that is located within a city or platted subdivision and that is chiefly
available for residence purposes. The restriction imposed by this paragraph is
expressly limited to residence property, and all lands, whether wholly or
partially within any city or platted subdivision, used or suitable for
agricultural or horticultural purposes and not platted in tracts of less than
one acre, may be included in a district. However, if an irrigation district is
formed as a successor district to another water supply entity and if that
entity provides water for irrigation to land within any city or platted
subdivision, the restriction imposed by this paragraph does not apply to such
land that is served by the water supply entity at the time of formation of the
irrigation district.
(b) The county court shall not modify the
boundaries so as to exclude any territory within the boundaries of the district
proposed by the petitioners that is susceptible to irrigation by the same
system of works applicable to other lands in the proposed district.
(c) In the discretion of the county court,
an owner of land that is susceptible to irrigation from the same system of
works may, upon written application of the owner, have the land included in the
district.
(2) At the end of the hearing, the county
court shall make and enter an order determining whether the requisite number of
owners of the land within the proposed district have petitioned for its
formation, and whether the notice required under ORS 545.025 (6) has been duly
published.
(3) If the county court finds that the
petition is signed by all of the owners of all of the lands that are included
within the proposed district and that will be subject to the charges and
assessments of the proposed district and if the only modifications of district
boundaries are at the request of owners of land seeking inclusion under
subsection (1)(c) of this section, the county court shall enter an order
creating the district and the election otherwise required by ORS 545.037 shall
not be held. If the petition for formation also names persons desired as
members of the first board of directors of the district and those persons have
agreed in writing to serve as directors, the order shall declare those persons
to be the directors of the district. [Formerly 545.006]
545.030 [Amended by 1993 c.771 §11; 1995 c.42 §33;
1995 c.607 §85; 1995 c.754 §6; renumbered 545.141 in 1995]
545.032 [Amended by 1995 c.42 §34; 1995 c.754 §7;
renumbered 545.145 in 1995]
545.033
Naming and division of districts. (1) The order of the county court shall designate the name of the
district. The name of the district may be changed by the county court at any
time thereafter upon petition of the board of directors of the district
accompanied by either the consent, in writing, of a majority of the owners of
lands within the district or by the certificate of the secretary of the
district certifying that, at a regular or special election called and held in
the district for any purpose provided by law, the proposed change of name was
approved by a majority of the electors voting upon the question of change of
name. The secretary of the district shall cause a certified copy of the order
to be recorded in the office of the county clerk of the county or counties in
which the district is located.
(2) If the petition provides for a
five-member board of directors or provides for a three-member board of
directors for a subdivided district, the county court shall divide the district
into the required number of divisions. Each division shall be as nearly equal
as practicable in the number of acres that will be subject to the charges or
assessments of the district. The county court shall define and particularly
describe division boundaries and make use, insofar as may be desirable, of any
natural boundaries that may exist in the district. The divisions shall be
numbered. [Formerly 545.008; 1999 c.452 §6]
545.034 [Amended by 1995 c.42 §35; renumbered
545.149 in 1995]
545.036 [Amended by 1995 c.42 §36; renumbered
545.153 in 1995]
545.037
Notice of election for determining organization of district; contents; publication;
mailing. (1) Except when an
election is not required as provided in ORS 545.029 (3), the county court shall
give notice of an election to be held in the proposed district for the purpose
of determining whether or not the district shall be organized under the
Irrigation District Law and for the purpose of electing an initial board of
directors. The notice shall describe the boundaries established for the
district. However, if the county court, in the order defining the boundaries,
orders that they need not be described in the notice, the notice shall refer to
and incorporate by reference the boundaries established by the order of the
county court under ORS 545.029 and on file in the office of the county clerk of
the county in which the district is located. The notice shall designate the
name of the proposed district, state the date of the election, the board
positions to be voted upon and the latest date on which candidates for election
as board members may file petitions for nomination. The notice shall be
published once each week, commencing not later than the 50th day before the
election, for at least four consecutive weeks in a newspaper of general
circulation in the county. If any portion of the district lies within another
county, then the notice shall be published in a newspaper of general
circulation in each county in the same time and manner. The notice shall
require the electors to cast ballots which contain the words “Irrigation
District – Yes,” and “Irrigation District – No,” or equivalent words. During
the period in which the notice is published, the county clerk shall send a copy
of the notice by registered mail or by certified mail with return receipt to
each owner of land identified in the petition for formation under ORS 545.025
(5) who has not joined in the petition for organization of the district. The
provisions of this subsection relating to mailing notices are directory and not
jurisdictional.
(2) In lieu of including a description of
the lands within a district or the boundaries of a district in the notice of
election, the county court or board of directors calling an election in an
irrigation district may direct that the notice refer to the order calling the
election and incorporate by reference the description of the district
boundaries contained in the order. [Formerly 545.010; 1999 c.452 §7]
545.038 [Amended by 1979 c.562 §18; 1995 c.42 §37;
renumbered 545.156 in 1995]
545.040 [Repealed by 1995 c.42 §184]
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. (1) The election shall be conducted, as
nearly as practicable, in accordance with the general election laws of the
state, except that the provisions of the election laws as to the form of ballot
and as to the nomination of candidates shall not apply. No particular form of
ballot shall be required. An absent elector may obtain an absentee ballot and
vote, as nearly as practicable, in the manner provided for absentee electors in
ORS chapter 253.
(2)(a) Nominations for candidates for the
board of directors may be made by petition, signed by at least 10 electors in
the proposed district or division who are qualified to vote for the directors
nominated by them. Nominations may also be made at an assembly of not less than
25 electors.
(b) Not more than one of the electors of a
multiple ownership as described in ORS 545.007 (1)(a) may sign a nominating
petition or vote at an assembly. Nominations by petition or by assembly shall
be filed with the county assessor before they are filed with the county clerk
under this subsection. If a nomination is made at an assembly, the nomination
shall be filed under this paragraph with a list of the names and addresses of
the electors who voted at the assembly. The county assessor shall verify that
not more than one of the electors of a multiple ownership as described in ORS
545.007 (1)(a) has signed a nominating petition or voted at an assembly. The
county assessor shall provide written confirmation of the assessor’s
verification to the person filing the nomination.
(c) Nominations by petition or by assembly
shall be filed with the county clerk at least 35 days next preceding the date
of election. The nomination shall be accompanied by a copy of the written
confirmation of verification provided by the county assessor under this
subsection.
(d) The county clerk shall have the names
of all persons nominated placed on the ballots as candidates for the offices
for which they have been nominated. The ballots shall have a blank line under
the printed names, on which may be written the name of any candidate voted for.
(3) A nominating petition shall contain:
(a) The name by which a candidate is
commonly known. The candidate may use a nickname in parentheses in connection
with the candidate’s full name;
(b) The address information of the
candidate;
(c) The office for which the candidate
seeks nomination;
(d) The term of office for which the
candidate seeks nomination;
(e) A statement that the candidate is
qualified for the office;
(f) A statement that the candidate is
willing to accept the nomination and, if elected, the office;
(g) The signature of the candidate;
(h) The printed name and address of each
elector who signed the petition; and
(i) A statement by the circulator of the
petition that the circulator is personally acquainted with the electors who
signed the petition and affirms that the signatures are genuine.
(4) If an elector is not shown as an owner
of land on the last equalized assessment roll or is not shown as having
authority to vote on behalf of an owner of land, the elector shall furnish the
county clerk with written evidence, satisfactory to the county clerk, that the
elector:
(a) Is a legal representative of the
owner;
(b) Is entitled to be shown as the owner
of land on the next assessment roll;
(c) Is a purchaser of land under a written
agreement of sale; or
(d) Is authorized to sign for and on
behalf of any public agency owning land.
(5) The county court shall meet on the
first Monday that is at least 10 days after the election, canvass the votes
cast, and enter an order declaring the result of the election. If upon the
canvass it appears that at least three-fifths of the votes cast are “Irrigation
District – Yes,” the court shall, by an order entered on its minutes, declare
the territory organized as an irrigation district under the name designated by
the county court under ORS 545.033 (1), and shall declare the persons
receiving, respectively, the highest number of votes for the several available
director positions to be elected to those positions. The court shall cause a
copy of the order, duly certified, to be immediately filed for record in the
office of the county clerk of each county in which any portion of the district
is situated.
(6) After the date of organization of an
irrigation district, the county court of any county including any portion of
the district shall not allow another district to be formed that includes any
lands in the existing district, without first securing consent for the
formation from the existing district.
(7) From and after the date of the filing
of the order under subsection (1) of this section, the organization of the
district is complete, and the directors may enter upon the duties of their
offices upon qualifying as provided by law. They shall hold office until their
successors are elected and qualified. [Formerly 545.012; 2001 c.257 §1; 2003
c.94 §1]
545.043
Qualifications of directors; terms of office; oath. (1) At the election for the organization of
an irrigation district one director, who is a resident of
(2) Within 10 days after receiving the
certificate of election provided for in ORS 545.153, the director shall take
the official oath and file it in the office of the board of directors. [Formerly
545.014]
545.045 [1993 c.771 §2; 1995 c.42 §38; 1995 c.607 §86;
renumbered 545.163 in 1995]
CHANGE OF
DISTRICT BOUNDARIES
(Generally)
545.051
Change of boundaries authorized; effect on existing rights and liabilities. The boundaries of any irrigation district
organized under the Irrigation District Law may be changed in the manner
prescribed in ORS 545.051 to 545.126. However, a change in the boundaries of a
district shall not impair or affect its organization, its right in or to property
or any of its other rights or privileges of whatever kind or nature. The change
in the boundaries of a district shall not affect, impair or discharge any
contract, obligation, lien or charge for or upon which the district was liable
or chargeable had such change of its boundaries not been made. [Formerly
545.582]
(Addition of
Land)
545.057
Petition for inclusion of lands within district. The holders of title, or evidence of title,
representing a majority of the acreage of any body of land adjacent to the
boundaries of any irrigation district may file with the board of directors of
the district a written petition requesting that the body of land be included in
the district. For purposes of this section, the body of land may include or
consist of one or more parcels of less than one acre, without regard to whether
or not the parcels are city lots or tracts of a platted subdivision or are
chiefly available for residence purposes. When the body of land is located
within the boundary of a city, the petition shall be approved by the governing
body of the city before presentation to the board of directors. The petition
shall describe the tracts or body of land owned by the petitioners. Reference
to the assessor’s map and tax lot number is sufficient for the description of
lands required under this section. The petition shall give assent of the
petitioners to the inclusion into the district of the lands described in the
petition. The petition must be acknowledged in the same manner that conveyances
of land are required to be acknowledged. [Formerly 545.584; 1999 c.452 §8; 2003
c.802 §132]
545.059
Notice of petition; publication; deposit for costs. The secretary of the board of directors
shall cause notice of the filing of the petition to be given and published once
each week, for three successive weeks, in a newspaper published in the county
where the office of the board is situated. The notice shall state the filing of
the petition, the names of the petitioners, a description of the lands
mentioned in the petition, and the request of the petitioners. The notice shall
also contain a statement indicating that all interested persons may appear at
the office of the board at the time named in the notice and show cause why the
petition should not be granted. The time specified in the notice shall be the
time of the next regular meeting of the board after the expiration of the time
for publication of the notice. However, before the secretary of the board is
required to give notice, the petitioners must advance to the secretary
sufficient money to pay the estimated cost of all proceedings under the
petition. [Formerly 545.586]
545.061
Hearing on petition. The
board of directors, at the time and place mentioned in the notice, or at some
other time to which the hearing of the petition may adjourn, shall hear the
petition and consider all objections to the petition presented in writing by
any person, showing cause why the petition should not be granted. The failure
of any person to object shall be taken as assent by the person to the inclusion
of the lands in the district as requested in the petition. [Formerly 545.588]
545.062 [Amended by 1969 c.345 §13; 1987 c.835 §1;
1995 c.42 §42; renumbered 545.181 in 1995]
545.064 [Amended by 1965 c.541 §2; 1995 c.42 §48;
1995 c.78 §1; renumbered 545.221 in 1995]
545.065 [1959 c.276 §2; 1993 c.392 §1; 1995 c.42 §63;
renumbered 545.295 in 1995]
545.066 [Amended by 1957 c.128 §1; 1965 c.614 §1;
1971 c.403 §9; 1993 c.771 §12; renumbered 545.183 in 1995]
545.067
Liability of petitioners for obligations of district. Except as provided in ORS 545.075, the board
of directors to whom the petition is presented may require as a condition
precedent to the granting of the petition that the petitioners severally pay,
contract to pay or become liable to the district for assessments for the
payment of their pro rata share of all bonds and the interest thereon
previously issued by the district. The amount of the assessments required under
this section, as nearly as the amount can be estimated by the board, shall be
the amount that the petitioners or their grantors would have been required to
pay to the district had such lands been included in the district at the time it
was originally formed or when the bonds were issued. [Formerly 545.590]
545.068 [Amended by 1995 c.42 §43; renumbered
545.185 in 1995]
545.070 [Amended by 1965 c.332 §6; 1977 c.774 §26;
1979 c.286 §15; 1989 c.182 §7; 1995 c.42 §49; renumbered 545.225 in 1995]
545.071
Acceptance or rejection of petition; inclusion of land when owner objects. If the board of directors considers that it
is not for the best interest of the district to include in the district the
lands mentioned in the petition, the board, by order, shall reject the
petition. However, if the board considers that it is for the best interest of
the district that the lands or any part of the lands be included, the board may
order that the district be changed so as to include the lands or any part of
the lands mentioned in the petition. When making the change, the board shall
not subject to the charges or assessments of the district the lands of any
owner objecting to the inclusion of the lands. However, the board may include
such lands within the boundaries of the district solely for administrative
convenience. The order shall describe the boundaries of the land included with
such exceptions as may be made. [Formerly 545.592; 1999 c.452 §9]
545.072 [Repealed by 1989 c.182 §49]
545.074 [Repealed by 1975 c.771 §33]
545.075
Requirements that may be imposed upon petitioners in western
(a) Their pro rata share of all bonds and
the interest thereon previously issued by the district, or other indebtedness
previously incurred, had such lands been included in the district at the time
it was originally formed, or when the bonds were so issued or such indebtedness
incurred; and
(b) The cost of any additional facilities
required to deliver water to the lands of the petitioners.
(2) The board of directors may provide for
the payment of any charge or assessment under this section in annual
installments. The order of inclusion shall set forth the description of the lands
included, the amount of the charge or assessment on the lands and the manner of
payment. After the order is recorded under ORS 545.079, the order is an
assessment of the district upon the lands of petitioners for any bonded
indebtedness or federal or state contract obligation in accordance with the
provisions of the order of inclusion, and the lands are included within the
boundaries of the district.
(3) The annual installments may be
included with the annual charge or assessment of the district upon the water
user for district purposes. The annual installments shall bear interest, be
subject to a lien of the district upon the lands and be collected or foreclosed
in the same manner and with the same effect as charges and assessments of the
district for district purposes.
(4) Upon foreclosure of charges or
assessments of the district upon any included lands, the amount of the unpaid
balance of the charge or assessment provided for in subsection (1) of this
section and not included in any foreclosure proceedings remains a charge and
assessment lien of the district upon the lands. However, when the district is
the purchaser at any sale on foreclosure it may, upon a resale of any lands
included in the foreclosure sale, release the lands from the lien of any unpaid
balance of the charges and assessments.
(5) For the purposes of this section the
summit of the Cascade Mountains is considered to be a line beginning at the
intersection of the western boundary of Hood River County with the northern
boundary of the State of Oregon, thence southerly along the western boundaries
of the counties of Hood River, Wasco, Jefferson, Deschutes and Klamath to the
southern boundary of the State of Oregon. [Formerly 545.593]
545.076 [Amended by 1995 c.42 §72; renumbered 545.343
in 1995]
545.078 [Amended by 1995 c.42 §73; renumbered
545.345 in 1995]
545.079
Recording of order including lands in district; effect of order; appeal. (1) Upon the allowance of a petition for
inclusion of lands and when an appeal has not been filed within 30 days after
entry of the order, a certified copy of the order of the board of directors
including the lands in the district shall be filed for record in the office of
the county clerk of each county in which lands of the district are situated. The
district as changed and all lands in the district shall be liable for all
existing obligations and indebtedness of the district.
(2) An appeal may be taken from the order
of the board as provided in ORS 548.105 to 548.115. If an appeal is not taken,
the order of inclusion shall be deemed lawful and conclusive against all
persons. The order shall not thereafter be questioned in any manner in any
proceedings. [Formerly 545.594; 1999 c.452 §10]
545.080 [Amended by 1995 c.42 §74; renumbered
545.347 in 1995]
545.081 [1993 c.771 §14; 1995 c.42 §50; renumbered
545.237 in 1995]
545.082 [Amended by 1995 c.42 §51; renumbered
545.239 in 1995]
545.084 [Amended by 1995 c.42 §52; renumbered
545.241 in 1995]
545.085
Record of petition; admissibility in evidence. Upon the filing of the copies of the order
under ORS 545.079, the secretary shall record the petition for inclusion in the
minutes of the board. The minutes, or a certified copy thereof, shall be
admissible in evidence with the same effect as the petition. [Formerly 545.596]
545.086 [Amended by 1995 c.42 §53; renumbered
545.245 in 1995]
545.088 [Amended by 1995 c.42 §54; renumbered
545.249 in 1995]
545.089
Redivision of district; election of directors. (1) When land is included within a district by
proceedings under ORS 545.057 to 545.085, if the district is subdivided for the
election of directors and as a result of the inclusion of the land the
deviation in acreage among the divisions is greater than 10 percent, the board
of directors, not earlier than 30 days after the final order making the
inclusion, shall make an order redividing the district. Redivision shall be
done in the same manner as provided for the initial division of the district in
ORS 545.033 (2).
(2) If redivision of the district under
subsection (1) of this section results in the creation of a division without a
qualified representative on the board of directors, the position of director
from that division shall be filled at the next general election of the
district. When the newly elected director assumes office, if there are two or
more directors from another division, the term of office of the director having
the least time left to serve shall expire. The initial term of office of the
newly elected director shall be the same as the remaining term of the director
whose term expires as provided under this subsection. [Formerly 545.598; 1999
c.452 §11]
545.090 [Amended by 1995 c.42 §55; renumbered
545.253 in 1995]
545.091
Inclusion of lands not subject to charges of district. The boundaries of a district may for
administrative convenience encompass lands that are not subject to the charges
and assessments of the district, without regard to whether the lands are
susceptible to irrigation. An owner whose land is within the boundaries of a
district but is not subject to the charges and assessments of the district does
not have the rights or duties of an elector or owner of land under this
chapter. [1999 c.452 §2]
Note: 545.091 was added to and made a part of ORS
chapter 545 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
545.092 [Repealed by 1969 c.344 §8]
(Subdistricts)
545.093
Creation of subdistricts; purpose; change in subdistrict boundaries. (1) Subdistricts within an irrigation
district may be created as provided in this section.
(2) When the owners of more than 50
percent of the acreage in any contiguous tracts of land situated within a
district and subject to the charges or assessments of the district desire to
have the district undertake the construction of works for irrigation of their
land or provide for the reconstruction, betterment, extension, purchase,
operation or maintenance of works already constructed that will benefit their
lands, they may petition the board for the creation of a subdistrict. The
petition shall state the boundaries proposed for the subdistrict, the name and
address of each person signing the petition, a brief general statement as to
the works the petitioners desire to have constructed or provided and a prayer
asking that the lands described be organized as a subdistrict. The description
of the boundaries of the proposed subdistrict shall be certified as a complete
and sufficient legal description by a qualified engineer or land surveyor and
the certificate shall be filed with the board at the time the petition is
filed. The petition shall be considered by the board at its next meeting. If
the board approves the petition, the board shall adopt an order creating the
subdistrict. The order shall contain a description of the boundaries of the
subdistrict. A subdistrict may include all or any part of the lands within a
district. A copy of the order shall be recorded in each county in which lands
within the subdistrict are located.
(3) A subdistrict may also be created
under this section by resolution of the board.
(4) After the creation of a subdistrict
under this section, the boundaries of the subdistrict may be changed by the
inclusion of lands outside of the subdistrict. A proceeding under this
subsection may be initiated by petition of the owners of more than 50 percent
of the lands sought to be included in the subdistrict. The lands to be included
in the subdistrict must be contiguous to the subdistrict and within the
boundaries of the district. The petition shall state the boundaries of the
lands to be included in the subdistrict, the reason for adding the lands to the
subdistrict, the name and address of each person signing the petition and a
prayer asking that the lands described by the petition be included in the
subdistrict. The petition shall be filed with the board. The description of the
boundaries of the subdistrict after the proposed addition shall be certified as
a complete and sufficient legal description by a qualified engineer or land
surveyor and the certificate shall be filed with the board at the time the
petition is filed. The board of directors shall enter an order fixing a time
and place for a hearing on the petition and shall either publish notice of the
hearing or mail a notice of the hearing to all landowners within the boundaries
of the lands proposed for inclusion in the subdistrict. At the hearing or at
any time and place to which the hearing may be adjourned, the board shall
determine what lands proposed to be included within the subdistrict will be
benefited by inclusion in the subdistrict. The board shall adopt an order for
inclusion of the benefited lands in the subdistrict and the new boundaries of
the subdistrict shall be described in the order.
(5) A subdistrict created under this
section may be designated “Subdistrict No. ___ of the ______ Irrigation
District.”
(6) A subdistrict created under this
section may be an electoral district for purposes of district elections under
ORS 545.167.
(7) The district board of the main
district is the governing board of each subdistrict of the district.
(8) Except as otherwise provided in ORS
545.093 to 545.095, after the creation of a subdistrict, proceedings relating
to a subdistrict shall conform to provisions of this chapter applicable to
districts. In all other matters affecting only a subdistrict, provisions of
this chapter applicable to a district apply to the subdistrict as though the
subdistrict were a district. [1999 c.356 §2]
Note: 545.093 to 545.095 were added to and made a
part of ORS chapter 545 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
545.094
Engineering plan for improvements within subdistricts; notice; hearing;
remonstrance. After the
creation of a subdistrict, the board may develop an engineering plan for the
improvements requested in the petition for the creation of the subdistrict or
proposed by the board. The board may make an engineering plan for the
subdistrict or may adopt as an engineering plan any plan made by any department
or agency of the federal government or the State of
Note: See note under 545.093.
545.095
Charges or assessments for improvements within subdistrict. The cost of constructing, purchasing,
operating, maintaining and improving the works described in an engineering plan
for a subdistrict shall be charged to the owners of the lands, or assessed
against the lands, benefited by the works in proportion to the benefits to be
received by each tract of land. The charges or assessments shall be in addition
to the regular charges or assessments of the district under ORS 545.471. Only
the lands or owners within a subdistrict shall be liable for, charged with or
in any manner assessed for the payment of judgments, claims, damages, costs,
expenses, debts or other liabilities of or against a district that arise out of
or are incurred in the constructing, purchasing, operating, maintaining or
improving of the works of the subdistrict. [1999 c.356 §4]
Note: See note under 545.093.
(Exclusion of
Land)
545.097
Exclusion of tracts; effect on status of district, rights and liabilities. The boundaries of any irrigation district
organized under the Irrigation District Law may be changed, and tracts of land
that were included within the boundaries of the district at or after its
organization may be excluded from the district in the manner prescribed in ORS
545.097 to 545.126. However, a change of the boundaries of a district resulting
from exclusion of lands from the district shall not impair or affect its
organization, its right in or to property or any of its rights or privileges of
whatever kind or nature. Exclusion of lands from the district shall not affect,
impair, or discharge any contract, obligation, lien, or charge for or upon
which the district would be liable or chargeable if the change of its
boundaries had not been made, or if land had not been excluded from the
district. [Formerly 545.602]
545.099
Petition for exclusion of lands from district; approval by board; payment of
costs of exclusion. (1) The
owners in fee of one or more tracts of land or the holders of an uncompleted
title to government or state lands which constitute a portion of an irrigation
district may jointly or severally file with the board of directors a petition
requesting that those tracts be excluded and taken from the district. The
petition shall state the grounds upon which it is requested that the lands be
excluded. The petition shall also describe the boundaries of the tracts sought
to be excluded and the lands of the petitioners which are included within those
boundaries. The description of the lands need not be more particular or certain
than is required when the lands are entered in the assessment book by the
county assessor.
(2) Upon receipt of a petition for
exclusion, the board of directors shall review the petition and shall enter its
order approving the petition. The board may approve the petition subject to the
requirements of ORS 545.051, 545.097 or 545.126 or may approve the petition
without conditions, as the board considers appropriate. The board, as a
condition of exclusion, may require the petitioners to pay all costs of
exclusion, including but not limited to recording fees, a reasonable
administrative fee and all past due charges and assessments of the district
attributable to the petitioners and the lands of the petitioners. When any
district facilities, including but not limited to ditches, pipelines, headgates
or other waterworks, are on the lands of the petitioners, if the petitioners
propose to change the use of the land, the district may require the petitioners
to provide measures to protect those facilities and may require that
appropriate easements be provided if there are none of record. [Formerly
545.604; 1999 c.452 §12]
545.101
Exclusion of subdivisions with three or more tracts on each acre of land;
exceptions. (1) When a
subdivision is platted after September 13, 1975, under ORS 92.010 to 92.190, if
the subdivision has three or more tracts on each acre of land within the
subdivision, the subdivision shall be excluded and taken from the district
pursuant to ORS 545.097 to 545.126 at the time that the plat is approved by the
appropriate governing body.
(2) The exclusion provided in subsection
(1) of this section shall not apply to a district which:
(a) Also supplies domestic water approved
by the Department of Human Services to the subdivision; or
(b) Agrees to supply water to the
subdivision. A district may require as a condition of any agreement that:
(A) The subdivider install underground
pipe from the district’s designated point of delivery to each lot or parcel in
the subdivision as shown on the plat approved by the appropriate governing
body;
(B) The subdivider install a meter or
other adequate measuring device at the delivery point to the subdivision and
for each lot or parcel;
(C) The subdivider provide adequate
easements for the delivery system and make provision for the maintenance and
repair of the delivery system; and
(D) The subdivider provide any other
measures that the district considers necessary for the proper and efficient
delivery of water to the subdivision and for the efficient administration of
such delivery.
(3) Nothing in subsection (2)(b) of this
section requires a district to agree to deliver water to a subdivision. [Formerly
545.611; 1999 c.505 §1]
545.102 [Amended by 1969 c.669 §13a; 1985 c.561 §8;
1995 c.42 §57; renumbered 545.271 in 1995]
545.104 [Amended by 1981 c.897 §60; 1995 c.42 §58;
1995 c.696 §27; renumbered 545.275 in 1995]
545.105
Assent of bondholders; acknowledgment; filing; recording. If there are outstanding bonds of the
district at the time of the filing of the petition for exclusion, the holders
of the bonds may give their assent, in writing, to the effect that they
severally consent that the lands mentioned in the petition, or such portion of
the lands as may be excluded from the district by order of the board, may be
excluded from the district. If the lands, or any portion of the lands, are
excluded from the district, they shall be released from the lien of such
outstanding bonds. The assent must be acknowledged by the bondholders in the
same manner and form as required for a conveyance of land. The acknowledgment
shall have the same force and effect as evidence as the acknowledgment of a
conveyance. The assent shall be filed with the board and be recorded in the
minutes of the board. The minutes, or a copy thereof certified by the secretary
of the board, shall be admissible in evidence with the same effect as the
assent. The certified copy may be recorded in the office of the county clerk of
the county in which the lands are situated. [Formerly 545.612]
545.106 [Amended by 1995 c.42 §71; renumbered
545.335 in 1995]
545.108 [Amended by 1991 c.459 §423a; 1995 c.42 §107;
renumbered 545.471 in 1995]
545.109
Recording minutes of board.
When the board of directors excludes any lands from the district upon petition
for exclusion, if the exclusion changes the boundaries of the district, the
board shall make an entry in its minutes describing the boundaries of the
district. For that purpose the board may have a survey made of such portions of
the district as it considers necessary. A certified copy of the entry of the
minutes of the board excluding any land, certified by the secretary of the
board, shall be filed for record in the county clerk’s office of each county
within which any land of the district is situated. [Formerly 545.614; 1999
c.452 §13]
545.110 [Amended by 1995 c.42 §56; renumbered
545.257 in 1995]
545.112 [Amended by 1995 c.42 §64; renumbered
545.301 in 1995]
545.113
State agency to pay assessment and charges or to petition for exclusion. Every state agency acquiring land within the
boundaries of an irrigation district shall:
(1) Pay all assessments and other charges
that may be lawfully charged by the irrigation district and that are chargeable
to the owner or occupier of the land; or
(2) File with the board of directors of
the district a petition requesting that the land be excluded from the district
in accordance with ORS 545.097 to 545.126. [Formerly 545.615]
545.114 [Amended by 1995 c.42 §65; renumbered
545.303 in 1995]
545.116 [Amended by 1995 c.42 §66; renumbered
545.305 in 1995]
545.117 [Formerly 545.616; repealed by 1999 c.452 §30]
545.118 [Repealed by 1989 c.182 §49]
545.119 [1993 c.771 §15; renumbered 545.279 in 1995]
545.120 [Repealed by 1975 c.771 §33]
545.122 [Repealed by 1969 c.344 §8]
545.123
Redivision of district; election of director. (1) When land is excluded from a district by proceedings under ORS
545.097, 545.099, 545.101, 545.105 or 545.109, if the district is subdivided
for the election of directors and as a result of the exclusion of the land the
deviation in acreage among the divisions is greater than 10 percent, the board
of directors, not earlier than 30 days after the final order making the
exclusion, shall make an order redividing the district. Redivision shall be
done in the same manner as provided for the initial division of the district in
ORS 545.033 (2).
(2) If redivision results in the creation
of a division without a qualified representative on the board of directors, the
position of director from that division shall be filled at the next general
election of the district. When the newly elected director assumes office, if
there are two or more directors from another division, the term of office of
the director having the least time left to serve shall expire. The initial term
of office of the newly elected director shall be the same as the remaining term
of the director whose term expires as provided under this subsection. [Formerly
545.618; 1999 c.452 §14]
545.124 [Amended by 1995 c.42 §59; renumbered
545.283 in 1995]
545.126
Liability of excluded lands for district’s obligations. ORS 545.097 to 545.126 shall not operate to
release any lands excluded from the district from any lien on the lands or any
obligation to pay any valid outstanding bonds or other indebtedness of the
district at the time of the filing of the petition for exclusion of the lands.
The lands shall be held subject to the lien, and answerable and chargeable for
the payment and discharge of all outstanding obligations at the time of the
filing of the petition, as fully as though the petition were never filed and
the order of exclusion never made. If lands were subdivided into small tracts
of less than one acre after the bonded indebtedness is apportioned to the lands
on a per acre basis, the required payments shall be computed to the nearest
one-tenth acre. For the purpose of discharging the outstanding indebtedness,
the lands so excluded shall be considered part of the irrigation district.
Notwithstanding the exclusion of land from the district, all provisions
otherwise available to compel the payment by the land of its quota or portion
of the outstanding obligation if the exclusion had never been accomplished, may
be resorted to in order to compel and enforce the payment by the land of its
quota or portion of the outstanding obligations of the irrigation district for
which it is liable. However, the land excluded shall not be held answerable or
chargeable for any obligation incurred after the filing of the petition for exclusion.
This section shall not apply to any outstanding bonds or other obligations or
indebtedness the holders of which have assented to the exclusion of such lands
from the district. [Formerly 545.620]
(
545.131
DISTRICT
ELECTIONS AFTER FORMATION
(Generally)
545.135
Elections subsequent to organization of district; election of directors. (1) Except for the second Tuesday in
November next following the organization of the district, an election shall be
held in each district on the second Tuesday in November of each year, at which
one or more directors shall be elected. The person receiving the highest number
of votes for any office to be filled shall be elected, and shall hold office
for three years from the annual organizational meeting in January next
following the election and until a successor is elected and qualified. The
qualifications for a director shall be those set forth in ORS 545.043.
(2) In districts organized prior to May
21, 1917, a director shall be elected from each of the three divisions into
which the board of directors may have divided the district, or, if the board of
directors has so ordered, the directors shall be elected from the district at
large.
(3) A newly elected director shall take
the official oath at the annual organizational meeting in January next
following the election or as soon thereafter as possible. The director shall
file the oath in the office of the board of directors.
(4) Notwithstanding subsection (1) of this
section, if the second Tuesday in November falls on a holiday as defined in ORS
187.010 and 187.020, the election shall be held on the day following the second
Tuesday in November. [1995 c.42 §30; 2005 c.469 §1]
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.
(1) At least 10 days before any election held under the Irrigation District
Law, subsequent to the organization of any district, the secretary of the board
of directors shall cause the publication of a notice of the time, place and
purpose of the election in a newspaper that is published or distributed within
every county in which either the district or a division of the district is
located. The secretary shall also post a general notice of the election in the
office of the board specifying the polling places of each division.
(2) Prior to the publishing and posting of
the notices required in subsection (1) of this section, the board must appoint
for each division, from the electors of the division, three judges of election,
who shall constitute a board of election for the division. If the board fails
to appoint a board of election, or the members appointed do not attend at the
opening of the polls on the morning of election, the electors of the division
at that hour may appoint a board of election from the group of electors
present. In its order appointing the board of election, the board of directors
must designate the place within the division where the election is to be held.
The board may designate the district office or any other location within the
district as the place where the election is to be held. If one location serves
as the place of election for more than one division, the board of directors may
appoint from among the electors of the divisions a single three-member board of
election for the divisions.
(3) Candidates may be nominated for any
election in the same manner as candidates may be nominated at the organization
election described in ORS 545.041. Openings for the board of directors of an
irrigation district shall be advertised in a newspaper of general circulation
within the boundaries of the district for which the candidate would be elected
or posted in three public places within the district at least 60 days prior to
the election. All nominations shall be filed with the secretary of the board
not more than 75 nor less than 35 days before the date of the election. In
districts having more than 25 electors, a person shall not be elected as a
member of the board of directors unless the person has been nominated either by
petition or at an assembly 35 days prior to the date of the election.
(4) If, after expiration of the date for
nomination, only one qualified candidate has been nominated for the office to
be filled, it shall not be necessary to hold an election. The board of
directors shall declare such candidate elected as director at the next
regularly scheduled board meeting or at a special meeting called for that
purpose. The secretary immediately shall make out and deliver to the nominated
person a certificate of election signed by the secretary and authenticated with
the seal of the board.
(5) The secretary shall cause the names of
all persons nominated to be printed on ballots as candidates for the offices
for which they have been nominated. [Formerly 545.026; 1999 c.452 §15; 2001
c.257 §2]
545.139
Board of election; polls; ballots. (1) The judges who constitute the board of election for a precinct
shall elect a presiding officer for the board who may administer all oaths
required in the progress of an election. If during the progress of an election
any judge fails to act, the presiding officer may appoint additional judges.
Any member of the board of election may administer and certify oaths required
to be administered during the progress of election. Before opening the polls
each member of the board must take and subscribe an oath faithfully to perform
the duties imposed by law. Any elector of the precinct may administer and
certify such oath.
(2) The polls shall be open on the day of
the election from 7 a.m. to 8 p.m.
(3) The provisions of the general election
laws of this state concerning the form of ballot do not apply to the elections
held under the Irrigation District Law. [Formerly 545.028; 2007 c.154 §64]
545.141
Conduct of election; challenge and verification of qualifications of elector;
counting ballots. (1) Voting
may commence as soon as the polls are open and may continue during all the time
the polls remain open. Voting shall be conducted as nearly as practicable in
accordance with the general election laws. An absent elector may obtain an
absentee ballot and vote, as nearly as practicable, in the manner provided for
absentee electors in ORS chapter 253.
(2) A person who offers to vote and claims
to be an elector, but fails to provide either evidence of ownership, acreage or
other voting authorization, shall be allowed to vote after submitting a sworn
statement in accordance with the provisions of ORS 254.407 and 254.409.
However, any person voting pursuant to this section shall, in addition to the
information required by ORS 254.407, include information in the elector’s
statement concerning the location of the claimed land and the precise acreage
for which the elector is claiming ownership or voting authorization. Upon
receipt of the elector’s sworn statement, the secretary of the district shall
attempt to verify the elector’s voting qualifications under the Irrigation
District Law.
(3) Any election board member or elector
present at the time of voting shall challenge a person offering to vote in any
election whom the board member or elector knows or believes to be unqualified
as an elector. Any challenge shall be made in accordance with ORS 254.415. The
elector’s statement of challenge required by ORS 254.415 shall include the
location of the claimed land and the precise acreage for which the elector is
claiming ownership or voting authorization. Upon receipt of the elector’s sworn
statement, the secretary of the district shall attempt to verify the elector’s
voting qualifications according to the provisions of the Irrigation District
Law.
(4) As soon as the polls are closed the
judges shall open the ballot box and shall commence counting the votes. The
ballot box may not be removed from the room in which the election is held until
all ballots have been counted. The counting of the ballots shall be public. The
presiding officer of the board of election or one of the judges shall take
ballots from the ballot box one at a time, open them and read aloud the name of
each person named on the ballot and the office for which the person is voted.
If the intent of the voter is clear, the vote shall be counted and not rejected
for lack of form. The judges shall keep an accurate account of the votes by
tallies in duplicate and the counting shall continue without adjournment until
all votes have been counted. [Formerly 545.030; 2001 c.257 §3; 2007 c.154 §65]
545.142 [Amended by 1995 c.42 §79; renumbered
545.365 in 1995]
545.144 [Amended by 1989 c.182 §8; 1995 c.42 §80;
renumbered 545.367 in 1995]
545.145
Certificate of vote; stringing of ballots; sealing of returns; delivery to
board secretary; recount. As
soon as all the votes are counted, a certificate shall be drawn up on each of
the papers containing the tallies, or shall be attached to those papers. The
certificate shall state the number of votes each candidate has received and
shall designate the office for which the person was a candidate. The number of
votes stated on the certificate shall be written in words and figures at full
length. Each certificate shall be signed by all the members of the board of
election. One of the certificates and the tally paper to which it is attached
shall be retained by the presiding officer of the board of election and
preserved by the presiding officer for at least six months. During the
counting, the ballots shall be strung on a cord or thread by the presiding
officer in the order in which they are entered upon the tally lists. The
ballots, together with the other certificate and tally papers to which it is
attached and a poll list of the voters voting at the election, shall be sealed
by the presiding officer in the presence of the other judges, indorsed “Election
returns of (naming the precinct) precinct,” and directed to the secretary of
the board of directors. The ballots and other materials shall be immediately
delivered to the secretary of the board by the presiding officer, or by another
safe and responsible carrier designated by the presiding officer. The ballots
shall be kept unopened for at least six months, except that the ballots may be
opened at any time at the direction of the board of directors for the purpose
of canvassing the returns or conducting a recount of the ballots. If any person
is of the opinion that the vote of any precinct has not been correctly counted,
the person may appear on the day appointed by the board of directors to open
and canvass the returns and demand a recount of the votes of the precinct that
the person claims have been incorrectly counted. [Formerly 545.032]
545.146 [Amended by 1995 c.42 §81; renumbered
545.369 in 1995]
545.148 [Amended by 1995 c.42 §82; renumbered
545.371 in 1995]
545.149
Canvass of returns; standard for rejecting certain election documents; canvass
to be in public. A list,
tally paper or certificate returned from any election shall not be set aside or
rejected for want of form if it can be satisfactorily understood. The board of
directors shall meet at its usual place of meeting on the first Monday after
each election to canvass the returns. If, at the time of meeting, the returns
of each precinct in which polls have been opened have been received, the board
of directors shall then and there canvass the returns. However, if all the
returns have not been received, the canvass shall be postponed from day to day
until all the returns have been received, or until six postponements have been
had. The canvass shall be made in public and by opening the returns and
computing the vote of the district for each person voted for, and declaring the
result. [Formerly 545.034]
545.150 [Amended by 1989 c.182 §9; 1995 c.42 §83;
renumbered 545.373 in 1995]
545.152 [Amended by 1989 c.182 §10; 1995 c.42 §84;
renumbered 545.375 in 1995]
545.153
Statement of result; contents; certificate of election; effect of informalities
in conduct of election. (1)
The secretary of the board of directors shall, as soon as the result is
declared, enter on the records of the board a statement of the result. The
statement must show:
(a) The whole number of votes cast in the
district and in each division of the district.
(b) The names of the persons voted for.
(c) The office for which each person
received votes.
(d) The number of votes given in each
division to each person.
(e) The number of votes given for the
office of director.
(f) The term of office for which each
person received votes.
(2) The board of directors shall declare
elected the person having the highest number of votes given for each office.
The secretary shall immediately make out and deliver to such person a
certificate of election, signed by the secretary and authenticated with the
seal of the board. No informalities in conducting any election shall invalidate
it if the election has been otherwise fairly conducted. [Formerly 545.036; 2001
c.257 §4]
545.154 [Amended by 1989 c.182 §11; repealed by 1993
c.771 §20]
545.156 [Formerly 545.038; repealed by 1999 c.452 §30]
(Elections by
Mail)
545.163
Procedures for conducting election by mail. (1) An irrigation district may conduct a district election by mail.
The board of directors of the district shall designate by resolution, not later
than the 50th day before any election, that an election will be conducted by
mail.
(2) At an election by mail held for the
purpose of electing a person to the board of directors, the qualifications for
a director are those set forth in ORS 545.043.
(3) An election by mail shall be conducted
within the district or divisions within a district according to, as nearly as
is practicable, the general provisions of ORS 545.137, 545.139, 545.141,
545.145, 545.149 and 545.153. However, the judges of election appointed under
ORS 545.137 (2) are not required to be in attendance until after 8 p.m. on the
day of the election.
(4) The secretary of the board of
directors for the district shall mail an official ballot with a return
identification envelope and a secrecy envelope to an elector, not sooner than
the 20th day before the date of the election to be conducted by mail and not
later than the 14th day before the election. The secretary shall cause to be
placed in or on each return identification envelope a statement to be completed
by the elector that says that the elector, under penalty of perjury, swears and
affirms that the elector is the sole elector authorized to cast the ballot. In
addition, the secretary shall verify that, according to the records of the
district as of the 21st day before the election, the elector is entitled to
vote.
(5) When a ballot is mailed to a corporate
landowner, a person authorized to act in a representative capacity or landowners
under multiple ownership, the secretary shall enclose voting instructions
advising the elector that the voting rights of electors for corporate,
representative or multiple ownerships are as described in ORS 545.002.
(6) The secretary of the board of directors
may not mail voting materials to an elector who actually acquires ownership of
land within the district after the 21st day before the date of an election.
When an elector has acquired ownership of land within the district after the
21st day before the date of an election, the secretary shall make voting
materials available, and the elector may vote, only at the district office or
at another place designated by the board.
(7) When the elector is an elector
described in subsection (6) of this section, the secretary of the board of
directors shall, before making voting materials available, require that the
elector file with the district a copy of a recorded deed or a memorandum of
contract demonstrating the acquisition of land by the elector within the
district. The secretary shall then allow the elector to mark the ballot, sign
the return identification envelope and return the ballot in the return
identification envelope to the secretary.
(8) An elector may obtain a replacement
ballot if the original ballot is destroyed, spoiled, lost or not received by
the elector. The secretary shall keep a record of each replacement ballot
provided to an elector. An elector may obtain a replacement ballot and may vote
at the district office or another place within the district designated by the
board of directors on the actual date of the election, during the hours
designated in ORS 545.139.
(9) Until the time for the close of the
polls, an elector may obtain a replacement ballot from the secretary of the
board of directors, at a place designated by the board, if the original ballot
is destroyed, spoiled, lost or not received by the elector.
(10) When an elector receives vote by mail
materials, the elector shall comply with all written instructions provided,
mark the ballot, sign both the return identification envelope and the sworn
statement of entitlement to vote and return the marked ballot to the district
by placing the ballot in the return identification envelope and either
depositing the envelope in the United States mail or delivering the sealed
envelope to the district office or another place designated by the district. If
the elector returns the ballot by mail, the elector shall provide the postage.
(11) A completed ballot must be received
by the district, at the proper place designated by the district, no later than
8 p.m. on the day of the election.
(12) A ballot shall be counted only if:
(a) The ballot was returned in the sealed
return identification envelope provided by the district;
(b) The elector signed the return
identification envelope; and
(c) The secretary of the board of
directors has verified the name of the elector and the elector’s ownership of
land within the district.
(13) Using the records of the district,
the secretary shall verify the name and land ownership of each elector. If the
secretary determines that an elector to whom a replacement ballot has been
issued has voted more than once, the secretary may not count any ballot cast by
that elector. [Formerly 545.045; 1999 c.452 §16; 2005 c.127 §1; 2007 c.154 §66]
(Electoral
Districts)
545.167
Division of district for election of directors; procedure. (1) In any irrigation district in which the
board of directors is elected at large, the district may be subdivided for the
election of directors when:
(a) In the judgment of the board it is
necessary or beneficial to the welfare of the district; or
(b) There is filed with the board a
petition that has been signed by a number of electors of the district equal in
number to 20 percent of the votes cast at the last preceding election at which
a director of the board was elected.
(2) Upon the determination of the board or
upon the filing of a petition requesting division of the district, the board
shall submit the question to the district electors at the next regular election
or at a special election ordered by the board for such purpose.
(3) If a majority of electors voting on
the question approves the division of the district, immediately following the
election the board shall divide the district in the manner provided in ORS
545.207. The divisions shall be numbered first, second and third. One director
shall be elected to the board of directors of the district from each division.
However, nothing in this section or in ORS 545.169 and 545.171 shall be
construed to prevent the directors who are serving when the district is divided
from serving out the unexpired portion of their terms. [Formerly 545.624; 1999
c.452 §17]
545.169
Election of directors from newly created divisions. (1) At the district election next following
the dividing of the district into divisions, the office of the director whose
term expires the following January shall be filled by election of a director
from the newly created division which is without representation on the board.
(2) If there are two divisions without
representation, then a director shall be elected at the district election next
following the division of the district from the newly created division without
representation on the board that contains the largest number of electors. The
other newly created division shall elect a director at the second general
election following the division, which director shall take office at the
expiration of the term of the second retiring member of the board. [Formerly
545.626]
545.171
Election precincts in divisions; alteration. For the purpose of elections in such district, the board of directors
must establish a convenient number of election precincts in the divisions and
define the boundaries of the precincts. An entire subdivision of a district may
be designated as a single election precinct. For purposes of conducting an
election, the board may designate a place that is within a precinct, at the
district office or at any other location within the district as the place where
the election is to be held. The precincts may be changed from time to time as
the board considers necessary. [Formerly 545.628; 1999 c.452 §18]
545.172 [Amended by 1995 c.42 §75; renumbered
545.349 in 1995]
545.174 [Amended by 1995 c.42 §76; renumbered
545.351 in 1995]
545.176 [Amended by 1973 c.305 §16; 1995 c.42 §77;
renumbered 545.355 in 1995]
545.178 [Amended by 1965 c.541 §1; 1995 c.42 §78;
1995 c.212 §3; renumbered 545.359 in 1995]
BOARD OF
DIRECTORS
(Organization)
545.181
Organization of board; officers; establishment of meeting dates; collection,
custody and disbursement of moneys. (1) Except as provided in subsection (2) of this section, on the first
Tuesday in January next following their election, the board of directors shall
meet and organize as a board. In organizing as a board, the directors shall:
(a) Elect a president from among the
directors and appoint a secretary, who may be a director or the manager of the
district.
(b) Establish the time for regular monthly
meetings of the board as required under ORS 545.185.
(c) Establish, by resolution, the date of
the next annual organizational meeting of the district.
(d) Establish the date the board shall
next meet as a board of equalization under ORS 545.418.
(2) The board of directors may, by
resolution, establish a different date in January for the annual organizational
meeting.
(3) The county treasurer of the county in
which the petition for the organization of the district was filed shall be ex
officio treasurer of the district. Any moneys collected by other county
treasurers on behalf of the district shall be transmitted to the district
treasurer, together with a statement specifying the fund into which it is to be
deposited. However, if the secretary of the irrigation district is authorized
to collect operation and maintenance assessments or emergency assessments, as
provided in this chapter, the secretary shall disburse the assessment moneys
upon orders of the board of directors of the district. Any county treasurer
having custody or control of funds of an irrigation district shall be
responsible for them on the official bond as county treasurer. [Formerly
545.062; 2005 c.468 §1; 2005 c.469 §2]
545.183
Compensation and expenses of officers and employees; membership fees in
associations. The board
shall fix the compensation to be paid to the other officers and employees of
the district. The board may pay, from the funds of the district, annual
membership fees and assessments to irrigation, drainage or water users’
associations. [Formerly 545.066]
545.185
Meetings of board; quorum; public inspection of records. The board of directors shall hold a regular
monthly meeting in its office. The time of the regular monthly meeting shall be
fixed by resolution of the board at the regular annual organizational meeting
required by ORS 545.181. Special meetings required for the proper transaction
of business may be held when called by the president or ordered by a majority
of the board, by an order entered in the records of the board. Five days’
notice of the special meeting must be given by the secretary to each member not
joining in the order. The order must specify the business to be transacted, and
business other than that specified may not be transacted at the special
meeting, unless all the members are present. All meetings of the board must be
public, and a majority of the members shall constitute a quorum for the
transaction of business. However, on all questions requiring a vote there shall
be concurrence of a majority of the board. All records of the board shall be
open to public inspection during business hours. [Formerly 545.068; 1999 c.452 §19;
2005 c.468 §2; 2005 c.469 §3]
545.187
Vacancy in office when director ceases to be resident or landowner; appointment
of successor. If a director
of an irrigation district ceases to be a resident of the State of Oregon or
ceases to be an owner, or a shareholder of a corporate owner, of land that is
subject to the charges or assessments of the district situated in the division
from which the director was elected or appointed, the position of the director
shall become vacant and the vacancy shall be filled by appointment as provided
in ORS 198.320. [1995 c.754 §10]
545.189
Recall of director; procedure; required number of signatures for recall
petition. (1) A district
director may be recalled as provided in ORS 198.410 to 198.440, except that the
recall petition shall be signed by a number of persons who are qualified to
vote in the district, or in the subdivision of the district from which the
director was elected, that is equal to but not less than the lesser of:
(a) Fifteen percent of the total number of
votes that may be cast in an election for the director; or
(b) Fifteen percent of the total votes
cast in the electoral district for all candidates for Governor at the most
recent election at which a candidate for Governor was elected to a full term.
(2) Not more than one of the electors of a
multiple ownership as described in ORS 545.007 (1)(a) may sign a recall
petition. [1995 c.754 §2]
545.192 [Amended by 1983 c.557 §1; 1995 c.42 §124;
renumbered 545.511 in 1995]
545.194 [Amended by 1983 c.557 §2; 1995 c.42 §125;
1995 c.212 §1; renumbered 545.513 in 1995]
545.196 [Amended by 1969 c.694 §25; 1981 c.94 §43;
1983 c.557 §3; 1995 c.42 §126; renumbered 545.515 in 1995]
545.198 [Amended by 1981 c.94 §44; 1995 c.42 §127;
renumbered 545.517 in 1995]
(Change in
Number of Directors)
545.199
Increase in number of directors upon determination of board or petition;
election on increase. (1) An
irrigation district may increase the number of its board of directors from
three to five members when:
(a) In the judgment of the board of
directors, it is necessary or beneficial to the welfare of the district; or
(b) Fifty or more qualified electors
within the district file with the board a petition requesting an election for
the purpose of increasing the number of directors.
(2) Upon the determination of the board or
upon the filing of a petition requesting the increase, the board shall submit
the question to the district electors at the next regular election or at a
special election ordered by the board for such purpose. At the same election,
two persons shall be elected to serve as directors if the electors, by a
majority of votes cast at the election, increase the number of the board. [Formerly
545.018; 1997 c.249 §182; 1999 c.452 §20]
545.200 [Repealed by 1969 c.345 §20]
545.202 [Amended by 1983 c.557 §4; 1995 c.42 §128;
renumbered 545.519 in 1995]
545.203
Election of additional directors; terms of office. Upon canvass of the returns, as provided in
ORS 545.149, if there is any change voted, the person receiving the highest
number of votes for the office of director at the election shall serve as
director of the district at large for a three-year term that shall be
considered to have started on the first Tuesday in January that next followed
the last previous general election. The person receiving the next highest
number of votes shall serve as director of the district at large for a term of
two years that shall be considered to have started on the first Tuesday in
January that next followed the last previous general election. [Formerly
545.020]
545.204 [Amended by 1983 c.557 §5; 1993 c.97 §17;
1995 c.42 §130; renumbered 545.529 in 1995]
545.206 [Amended by 1983 c.557 §6; 1995 c.42 §131;
renumbered 545.532 in 1995]
545.207
Redivision of district upon increase in directors; representation of divisions;
voting qualifications. Upon
an increase of the number of directors from three to five, the board shall
divide the total acreage of the district that is subject to assessment or
charges by the district, into five divisions. Each division shall be as nearly
equal in total acreage as may be practicable. In addition, the board shall define
and particularly describe division boundaries and make use, in so far as may be
desirable, of such natural boundaries as may exist in the district. The
divisions shall be numbered first, second, third, fourth and fifth. As the
terms of the present members of the board of directors expire, one director who
is a resident of Oregon and either a bona fide owner of land or a shareholder
of a bona fide corporate owner of land situated in the division, shall be
elected from each division as the representative of that division on the board
of directors. Voting for director of each division shall be by qualified
electors within the division. However, the qualified electors of any district
may, by a majority vote, determine that voting for directors shall be by the qualified
electors of the entire district. If an elector is an owner in two or more
divisions and resides in one of them, the elector shall vote in the division of
residence. If an elector is a nonresident of the district, the elector may
choose to vote in any one division in which the elector is an owner of land.
When a nonresident landowner chooses to vote in any one division, the landowner
shall file with the secretary of the board a notice of the choice of division
where the nonresident landowner chooses to vote. A nonresident landowner’s
choice to vote in a certain division is permanent and remains permanent until
the nonresident landowner’s ownership status changes in any way or until the
nonresident landowner becomes a resident owner. [Formerly 545.022; 1999 c.452 §21]
545.208 [Amended by 1983 c.557 §7; 1995 c.42 §132;
renumbered 545.535 in 1995]
545.210 [Amended by 1995 c.42 §133; renumbered
545.537 in 1995]
545.211
Decrease in number of directors; redivision of district; terms of office. The number of directors may be decreased to
three substantially in the same manner as that provided for the increase of
directors. When the number of directors is decreased, the board shall redivide
the district into three divisions. The existing board shall continue in office
until the expiration or other termination of their terms. Successors shall be
appointed or elected only in divisions where representation will terminate with
the term of a director. Directors shall thereafter be appointed or elected only
as necessary to fulfill the requirements of the decrease in membership of the
board, and so that the term of one director will expire each year. [Formerly
545.024]
545.212 [Amended by 1969 c.694 §26; 1983 c.557 §8;
1995 c.42 §134; renumbered 545.539 in 1995]
545.214 [Amended by 1969 c.694 §27; 1995 c.42 §135;
renumbered 545.541 in 1995]
545.216 [Amended by 1989 c.182 §12; 1995 c.42 §136;
renumbered 545.545 in 1995]
545.218 [Amended by 1995 c.42 §129; renumbered
545.521 in 1995]
545.220 [Repealed by 1995 c.42 §184]
(General
Powers and Duties)
545.221
Powers and duties of board as to management of district; water deliveries. (1) The board shall:
(a) Manage and conduct the business and
affairs of the district.
(b) Make and execute all necessary contracts,
employ and appoint such agents, officers and employees as may be required, and
prescribe their duties.
(c) Establish equitable bylaws, rules and
regulations for the administration of the district and for the distribution and
use of water among the landowners.
(d) Generally perform all acts necessary
to fully carry out the purposes of the Irrigation District Law.
(2) The board may make available to any
member user of the district, on an actual cost basis, any machinery or
equipment required for the normal operation of an irrigation district. This
machinery or equipment may be used by the member user only for improvement of
water distribution or drainage systems and only at the convenience of the
district. However, the machinery or equipment may not be used outside the
boundaries of the district.
(3) The bylaws, rules and regulations
established under this section may designate, either generally or particularly,
the points of delivery within the district to which the district will make
water deliveries for the use and benefit of member users at district expense.
Water deliveries so made shall be in full and complete discharge of the
district’s obligation of water deliveries to member users under the Irrigation
District Law. [Formerly 545.064; 1999 c.452 §22]
545.222 [Amended by 1979 c.562 §19; repealed by 1995
c.42 §184]
545.224 [Amended by 1983 c.557 §9; 1995 c.42 §67;
renumbered 545.307 in 1995]
545.225
Contracts; conveyances; suits; judicial knowledge concerning district; audit
reports. (1) The board of
directors may:
(a) Enter into contracts and take
conveyances or other assurances for all property acquired by it under the
Irrigation District Law, in the name of the irrigation district, to and for the
purposes expressed in the Irrigation District Law.
(b) Institute and maintain all actions and
proceedings, suits at law or in equity necessary or proper in order to fully
carry out the Irrigation District Law, or to enforce, maintain, protect or
preserve rights, privileges and immunities created by the Irrigation District
Law, or acquired in pursuance of the Irrigation District Law.
(2) In all courts, acts, suits or
proceedings the board may sue, appear and defend in person or by attorneys, in
the name of the irrigation district. The court shall in all actions, suits or
other proceedings take judicial knowledge of the organization and boundaries of
all irrigation districts.
(3) When an audit is made in accordance
with the provisions of ORS 297.405 to 297.555, the auditors shall prepare and
file with the Secretary of State a certified copy of the audit report. [Formerly
545.070]
545.226 [Repealed by 1989 c.182 §49]
545.228 [1967 c.503 §4; 1993 c.771 §18; renumbered
545.551 in 1995]
545.230 [1967 c.503 §5; 1995 c.42 §137; renumbered
545.553 in 1995]
545.232 [1967 c.503 §6; 1995 c.42 §138; 1995 c.212 §4;
renumbered 545.555 in 1995]
545.234 [1967 c.503 §7; 1995 c.42 §139; 1995 c.79 §305;
renumbered 545.557 in 1995]
545.236 [1967 c.503 §8; 1995 c.42 §140; renumbered
545.559 in 1995]
POWERS OF
DISTRICTS
(Acquisition
of and Entry onto Land)
545.237
Right to enter upon lands for inspection and maintenance of water works. (1) The board of directors, its officers or
an agent or employee of the board of directors may enter upon land of a water
user of the district for inspection, maintenance and regulation of ditches,
pipelines, gates, pumps or other water works. In the absence of an emergency,
the district shall provide adequate and appropriate notice prior to entering
upon the land of the water user.
(2) Any person exercising the right of
entry granted under this section shall not cause unnecessary damage to the
property of the water user. The landowner shall not be responsible to the
person or the district for any injury or damage to the person or district
arising out of or occurring by reason of the entry, except when the landowner
intentionally causes injury or damage to the person or district.
(3) The right of entry granted by this
section shall not constitute a right of entry by the public onto the premises
of the landowner. [Formerly 545.081]
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
545.241
Bond or other security as condition of immediate possession in condemnation by
irrigation or drainage district. Prior to any party, officer or agent of an irrigation or drainage
district entering upon any land sought to be condemned, the district shall
furnish to the landowner an undertaking, either by surety bond, personal bond,
cash or other security, in an amount sufficient to indemnify the landowner for
the value of the land sought to be condemned, together with all costs and
attorney fees to which the landowner may be entitled. This undertaking shall be
conditioned so that the district shall pay to the owner all damages, costs and
attorney fees that the owner may suffer by reason of the entry, or which may be
awarded to the owner by a jury upon a trial of the cause. [Formerly 545.084]
545.242 [Amended by 1989 c.182 §13; 1995 c.42 §141;
renumbered 545.565 in 1995]
545.244 [Amended by 1995 c.42 §142; renumbered
545.567 in 1995]
545.245
Right to immediate possession in condemnation proceeding. At any time after the board of directors of
an irrigation district or board of supervisors of a drainage district has
commenced proceedings to acquire title to any land necessary for rights of way,
or for construction, alteration, repair or reservoir purposes, the district may
enter into possession of the land and begin such work as may be necessary to
the development of the district. [Formerly 545.086]
545.246 [Amended by 1995 c.42 §143; renumbered
545.569 in 1995]
545.248 [Amended by 1989 c.182 §14; 1995 c.42 §144;
renumbered 545.571 in 1995]
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]
545.253
Title to and rights in property acquired. The 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 Irrigation District Law. The board is authorized
and empowered to hold, use, acquire, manage, occupy, possess and dispose of the
property as provided in the Irrigation District Law. The title acquired by an
irrigation district under ORS 545.239, 545.241, 545.245 and 545.249 shall be
the fee simple or such lesser estate as shall be designated in the judgment of
appropriation. [Formerly 545.090; 2003 c.576 §497]
545.254 [Amended by 1979 c.562 §20; 1989 c.182 §16;
1995 c.42 §147; 1995 c.79 §306; renumbered 545.577 in 1995]
545.256 [Amended by 1979 c.284 §167; 1981 c.178 §16;
1995 c.42 §148; renumbered 545.579 in 1995]
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. When an
irrigation district is authorized by the electors of the district as provided
in ORS 545.305 and when it appears necessary, proper or beneficial to its
inhabitants, the irrigation district may:
(1) Acquire by gift, lease, purchase,
condemnation or other legal means, domestic and municipal water works or water
systems, and property incident to the works or systems, including reservoirs,
pumps, mains, stations, water, water rights and all appurtenances. As a part of
a transaction of acquisition, the district may assume any outstanding
obligations on the water works or water systems. However, a right of
condemnation shall not be granted against property of a city.
(2) Construct, reconstruct, equip, own,
maintain, operate, sell, lease and dispose of, domestic and municipal water
works or systems and property, and all appurtenances incident to the works,
systems or property.
(3) Furnish water for domestic and
municipal uses to premises and inhabitants within its district. In connection
with furnishing water for domestic and municipal use, the district may supply,
furnish and sell, for the uses mentioned in this section, any surplus water
over and above the domestic and municipal needs of its inhabitants, to persons
or other public bodies as defined in ORS 174.109, either within or outside the
district. However, the power to furnish water for domestic and municipal uses
granted by this section shall not be exercised in such a manner as to impair
the service of the district in furnishing water for irrigation purposes. [Formerly
545.110; 2003 c.802 §133]
545.258 [Amended by 1995 c.42 §149; renumbered
545.581 in 1995]
545.260 [Amended by 1969 c.694 §28; 1981 c.94 §45;
1989 c.182 §17; 1995 c.42 §150; renumbered 545.585 in 1995]
545.262 [Amended by 1995 c.42 §151; renumbered
545.589 in 1995]
545.264 [Amended by 1995 c.42 §152; renumbered
545.595 in 1995]
545.266 [Amended by 1995 c.42 §153; renumbered
545.599 in 1995]
545.268 [Amended by 1995 c.42 §154; renumbered
545.603 in 1995]
545.270 [Amended by 1969 c.694 §29; 1995 c.42 §155;
renumbered 545.607 in 1995]
(Distribution
of Water)
545.271
Furnishing water. Upon
receiving proper compensation, an irrigation district may provide for and
furnish water for lands not included within the district and for lands within
the district but not subject to assessment by the district. An irrigation
district may acquire, assume or exercise any rights, property, powers or
obligations of a contractor with the state under the Carey Act and may be
organized in lieu of a water users’ association required either by statute or
contract. An irrigation district may provide for and furnish water for control
of the temperature, humidity or other qualities of the atmospheric conditions
pertaining to land otherwise irrigable under this chapter or under ORS chapter
552. [Formerly 545.102]
545.272 [Amended by 1995 c.42 §156; renumbered
545.617 in 1995]
545.274 [Amended by 1989 c.182 §18; 1995 c.42 §157;
renumbered 545.621 in 1995]
545.275
Lien on crops for water supplied for irrigation; enforcement; attorney fees. (1) Any person or irrigation district that
supplies water to any person or irrigation district for irrigation of crops
shall, upon complying with subsection (2) of this section, have a lien upon all
crops raised by the use of such water for the reasonable value of the water
supplied as of the date when the water was first supplied for the crops. The
lien shall be a continuing one and shall bind the crops after, as well as
before, they have been gathered. The lien shall be preferred to all other liens
or encumbrances upon the crops, except mortgages given to the state for the
purchase of seed wheat.
(2) The person or irrigation district so
supplying water, within 40 days after the water has been furnished, or within
40 days after the close of the irrigation season, shall file with the county
clerk of the county in which the lands, or some part of the lands, are situated
and where the water has been furnished, a claim containing a true statement of
the account due for the water after deducting all just credits and offsets. The
claim shall also contain the date when the water was first supplied, the name
of the owner of the crops or reputed owner, if known, the name of the person to
whom the water was furnished and a description of the lands upon which the
crops were grown sufficient for identification. The claim shall be verified by
oath of some person having knowledge of the facts and shall be filed with and
recorded by the county clerk in the book kept for the purpose of recording
liens claimed under ORS 87.035. The record shall be indexed as deeds and other
conveyances are required by law to be indexed, and the clerk shall receive the
same fees as required by law for recording deeds and other instruments.
(3) The lien may be enforced by a suit in
equity. The remedy provided by this section does not abrogate any other remedy
provided by law for the collection of dues, charges or assessment for water
furnished. The court may award reasonable attorney fees to a person or
irrigation district if the person or district prevails in an action to
foreclose a lien under this section. The court may award reasonable attorney
fees to a defendant who prevails in an action to foreclose a lien under this
section if the court determines that the plaintiff had no objectively
reasonable basis for asserting the claim or no reasonable basis for appealing
an adverse decision of the trial court.
(4) If all or part of the crop is sold
prior to the filing of the lien, or possession delivered to an agent, broker,
cooperative agency or other person to be sold or otherwise disposed of, and its
identity lost or destroyed or if the crop is commingled with like crops so that
it cannot be segregated, and if the purchaser, agent, broker, cooperative
agency or other person was notified of the filing of the lien by being
furnished with a certified copy of the claim of lien, then the lien attaches to
the proceeds of sale remaining in the possession of the purchaser, agent,
broker, cooperative agency or other person at the time of the notice. The lien
shall be as effective against the proceeds as against the crop itself. [Formerly
545.104]
545.276 [Renumbered 545.625 in 1995]
545.278 [Amended by 1995 c.42 §158; renumbered
545.629 in 1995]
545.279
District may require water control devices and measuring devices; notice to
water user; objections; hearing. (1) The board of directors may require a water user of the district:
(a) To install and maintain a lockable and
controllable headgate or other water control device at a point of delivery of
water to the user’s property; or
(b) To install a measuring device at a
point of delivery as necessary to assist the board in determining the amount of
water to be delivered to the user.
(2) When practicable, water control
devices and measuring devices under this section shall be constructed on property
for which the district holds existing easements.
(3) Except when an emergency requires the
immediate installation of a water control device to avoid loss of water, the
board shall notify a water user in writing that the water user is required by
the board under this section to install a water control device or a measuring
device. The notice shall be delivered personally or mailed by registered or
certified mail, return receipt requested, to the water user. Within the 20-day
period immediately following the date of personal delivery or mailing of the
notice or at any time before the date of the next regular meeting of the board,
the water user may file with the secretary of the board a written objection to
the requirement for installation of the device and request a hearing before the
board. After the hearing, the board may affirm, amend or rescind its order to
the water user for installation of a water control device or measuring device.
The decision of the board shall be final. [Formerly 545.119]
545.280 [Amended by 1989 c.182 §19; 1995 c.42 §159;
renumbered 545.631 in 1995]
545.282 [Amended by 1995 c.42 §160; renumbered
545.633 in 1995]
545.283
Joinder of districts in acquisition or construction of irrigation or other water
use works. (1) Two or more
irrigation districts or other water users’ organizations, organized under the
laws of this state or of any adjoining state, may enter into agreements with
each other and with the United States for the joint acquisition, operation,
maintenance, management, control, construction, care, repair or improvement of
works for diverting, impounding, distributing, irrigating or draining of lands
within the boundaries of the districts or other water users’ organizations.
Subject to ORS 545.257, agreements made under this section may include
provisions to furnish water for domestic and municipal uses to premises and
inhabitants within the boundaries of the districts or other water users’
organization.
(2) Agreements entered into under this
section may be evidenced by written contracts executed on behalf of the board
of directors or trustees of each district or water users’ organization or by
resolutions entered upon their minutes. The contracts or certified copies of
them and certified copies of the resolutions may be recorded in the office in
which deeds are recorded in each county in which is situated any of the land,
works or other real property of the district or other water users’
organization.
(3) Agreements made under this section may
provide for joint ownership, several ownership or ownership in common of the
property convenient for the joint purposes of the parties to the agreement and
may provide for the terms under which the property or respective portions of
the property shall be held.
(4) Any rights or disputes arising out of
or from the agreements may be tried before and enforced by any court of
competent jurisdiction in this state.
(5) The districts or other water users’
organizations joined in any agreement under this section are jointly granted the
same power of condemnation as is now possessed by one district or organization
alone.
(6) Any meeting of the governing board of
a district or other water users’ organization of this state, regularly
adjourned to or called substantially in the manner for calling special
meetings, may be held in another state, in conjunction with the board of a
cooperating district or organization of such other state, with the same
validity as if held in the office of the district or organization in this
state.
(7) In carrying out cooperative action
under this section between a district or other water users’ organization of
this state and one of an adjoining state, either district or organization may
divert water from either or both states, for impounding in the adjoining state,
or for distribution to the land of either or both of the cooperating districts
or organizations.
(8) So far as necessary for carrying out
the purposes of this section, a cooperating district or other water users’
organization in an adjoining state may hold title to property in this state,
and a cooperating district or organization in this state may hold title to
property in the adjoining state. [Formerly 545.124]
545.284 [Amended by 1989 c.182 §20; 1995 c.42 §161;
renumbered 545.635 in 1995]
545.286 [Amended by 1989 c.182 §21; 1995 c.42 §162;
renumbered 545.637 in 1995]
545.287
Directors may construct or maintain improvements, levy assessments or provide
for charges. (1) This
section applies:
(a) When a parcel of land lying within an
irrigation district is subdivided or partitioned into tracts, and the owner has
made no provision which in the opinion of the board of directors is adequate
for the proper distribution of water to the tracts; or
(b) When improvements for the distribution
or delivery of water to any tract of land are not owned by the district and the
owner or person in control of the improvement fails to maintain, repair or
replace the improvement as required for the proper and efficient distribution
or delivery of water to any tract.
(2) When the interest or convenience of
such tracts requires the construction, repair or maintenance of any ditch,
flume, dike, aqueduct or other improvement, the board may construct, repair or
maintain the improvement. In order to defray the whole or any portion of the
cost and expense of the improvement, the board may levy and collect an
assessment upon all tracts specially benefited by the improvement or provide
for a charge against the landowner of any tract specially benefited by the
improvement. The board may determine what lands are specially benefited by the
construction, repair or maintenance, and the amount to which each tract is
benefited. [Formerly 545.408; 1999 c.452 §23]
545.288 [Amended by 1979 c.562 §22; 1995 c.42 §163;
renumbered 545.639 in 1995]
545.290 [Repealed by 1995 c.42 §184]
545.291
Apportionment of water to tracts; employment of person to distribute water;
assessment or charge; lien on land. When a parcel of land lying within an irrigation district is
subdivided or partitioned into tracts, and plats of such subdivision are filed
as provided by law, if the owners fail properly to apportion the water to their
various tracts in the subdivision, the board of directors may employ some
competent person to distribute and apportion water for the tracts. The
reasonable cost of the distribution and apportionment of water shall be
apportioned each year by the board to the tracts. The cost of the distribution
and apportionment of water shall be assessed or charged by the board as a special
charge to the tracts in the same manner as other assessments or charges are
made and extended upon the tax rolls of the county in which the irrigation
district lies. The assessments or charges so levied and apportioned shall be a
lien upon the tracts and shall be collected in the same manner as all other
assessments or charges are levied and collected by the board. [Formerly
545.410; 1999 c.452 §24]
545.293
Resolution for water distribution works or services; hearing of objections;
construction, repair or maintenance of improvement; apportionment of costs;
assessment. (1) When the
board of directors considers it expedient or necessary to construct, repair or
maintain ditches, flumes, dikes, aqueducts or other improvement, as provided in
ORS 545.287, or to employ the services of some competent person to distribute
and apportion water for any subdivision, as provided in ORS 545.291, the board
shall declare its intention by resolution.
(2) A resolution shall be posted in three
public places in the subdivision for five days. Within 10 days from the date
when the resolution is posted, the owner of any property within a tract may
file with the secretary a written remonstrance against the proposed improvement
or employment. The board hearing the remonstrances may, in its discretion,
overrule any remonstrance and, by resolution, order construction, repair or
maintenance of the improvements. The board may either enter into a contract to
complete the improvement or, in its discretion, complete the improvement under
its own supervision. After the work on the improvement is completed the board
shall, by resolution, apportion the costs and declare an assessment upon each
tract benefited. The assessments declared under this section shall be final and
conclusive. [Formerly 545.412]
545.295
Conditions required in certain districts before delivering water to additional
lands; order; charges and assessments. (1) Notwithstanding any other provisions of this chapter, in any
irrigation district that was formed before April 23, 1959, and that lies
entirely west of the summit of the Cascade Mountains, the board of directors
shall, as a condition precedent to the delivery of water and the charging and
assessment of any lands within the district that have not been irrigated or charged
or assessed, determine:
(a) That the delivery of water to the
lands will not result in an inadequate supply of water deliverable to the other
lands within the district charged or assessed at that time; and
(b) That the lands can be served by the facilities
of the district without impairing the ability of the district adequately to
serve the lands previously charged or assessed.
(2) After making the determination
required by subsection (1) of this section the board of directors may, as a
condition for the delivery of water and the charging or assessment of the
lands, require that the applicants contract to pay to the district such sums as
the board determines. However, these sums shall not exceed the amount the
applicants or their predecessors in interest would have been required to pay to
the district for charges and assessments for the payment of their pro rata
share of all bonds previously issued and the interest on the bonds, or other
indebtedness incurred by the district, had such lands been included in the
district when such bonds were issued or such indebtedness incurred. However,
there shall be credited to these sums any amount previously paid on behalf of
these lands on the bonds or indebtedness.
(3) The charges made under subsection (2)
of this section shall be set forth in the order allowing the inclusion of the
lands in the district. A certified copy of the order shall be recorded in the
same manner as provided by ORS 545.079 and the charges and assessments paid,
collected and enforced as provided by that section.
(4) For the purposes of this section the
summit of the Cascade Mountains is considered to be a line beginning at the
intersection of the western boundary of Hood River County with the northern
boundary of the State of Oregon, thence southerly along the western boundaries
of the counties of Hood River, Wasco, Jefferson, Deschutes and Klamath to the
southern boundary of the State of Oregon. [Formerly 545.065]
(Finances)
545.301
Financing acquisition of water works; contracts with federal government;
approval by electors. In
carrying out and executing the powers conferred in this section and ORS
545.257, 545.303 and 545.305, an irrigation district may borrow money and issue
bonds or other evidences of indebtedness. The district may contract with the
545.303
Water works system to be self-sustaining; payment of indebtedness; rates;
separate accounts. (1) The
district shall charge consumers for the water furnished in amounts so that the
domestic and municipal water system shall be self-sustaining. All indebtedness
incurred in the acquisition, construction, maintenance, operation and
disposition of the water system shall be paid from the revenues so collected
and from the proceeds of the disposition of the whole or any part of the water
system. The board of directors may establish rates or charges to be paid by
each person whose premises are served. The rates or charges may be fixed and
classified according to the type of use, according to the amount of water used
and according to whether the property serviced lies within or outside the
boundaries of the district.
(2) The district shall establish and
maintain separate accounts covering the acquisition, construction,
reconstruction, maintenance, operation and disposition of the domestic and
municipal water system. All moneys collected from the operation and disposition
of the whole or any part of the water system shall be deposited in a special
fund to be designated “Domestic Water Fund.” Moneys in the fund shall be
disbursed only in connection with the water system. [Formerly 545.114]
545.305
Election concerning acquisition of water works. (1) When the board of directors of an
irrigation district has determined by resolution that it is for the best
interests of its inhabitants that it exercise any of the powers mentioned in
ORS 545.257, including the refunding of outstanding bonds, the board shall, by
resolution, specify the particular powers it proposes to exercise and order an
election to be conducted. Upon the order being entered, an election shall be
held by the qualified electors of the district to determine:
(a) Whether or not bonds in any amount
designated by the board in such order shall be issued for any purpose necessary
or convenient in carrying out this section and ORS 545.257, 545.301 and
545.303; and
(b) Whether or not the board shall proceed
to exercise the powers, or any of them, specified in the resolution.
(2) Notice of the election shall be given
in the manner provided in ORS 545.511, and that section shall apply to all
subsequent proceedings under this section and ORS 545.257, 545.301 and 545.303.
[Formerly 545.116]
545.307
Investment of surplus funds in federal or state bonds. When there are surplus funds not necessary
for the payment of current obligations of the district in any construction
fund, operation and maintenance fund, sinking fund, United States Contract
Fund, State of Oregon Contract Fund, emergency fund or any other fund of the
district, the board of directors of an irrigation district may invest the
surplus funds in bonds of the United States or the State of Oregon. The
district may hold and dispose of the bonds at such times as may be necessary to
the conduct of the business and affairs of the district. [Formerly 545.224]
545.312 [Amended by 1995 c.42 §164; renumbered
545.643 in 1995]
545.314 [Amended by 1989 c.182 §22; 1995 c.42 §165;
renumbered 545.645 in 1995]
(Construction
of Improvements)
545.315
Petition to construct improvements for irrigation; contents; assent of
petitioners to assessment of cost of improvement. (1) The holders of title, or evidence of
title, representing a majority of the acreage of any body of land within any
irrigation district may file with the board of directors of the district a
petition in writing, requesting the construction of any improvement necessary
or expedient for the efficient irrigation of the lands.
(2) The petition shall contain:
(a) A general description of the proposed
improvement;
(b) A description of the tracts, or body
of land, owned by the petitioners; and
(c) A description of the exterior
boundaries of the land for which the proposed improvement is to be constructed
and a description of any lands that are to be excepted from the benefit or use
of the proposed improvement.
(3) The petition shall also contain an
agreement on the part of the petitioners that the cost of construction of the
improvement shall constitute a lien upon the lands within the exterior
boundaries of the land described in the petition, except for the lands that are
excepted from the benefit or use of the proposed improvement, and that the
lands shall be assessed for and pay the cost of the improvement.
(4) The petition shall be deemed to give
assent of the petitioners to construction of the improvement and shall
authorize the assessment of the cost of such improvement upon and against the
lands described in the petition and not specifically therein excepted. The
petition shall be acknowledged in the same manner that conveyances of land are
required to be acknowledged. [Formerly 545.402]
545.316 [Amended by 1995 c.42 §166; renumbered
545.647 in 1995]
545.318 [Amended by 1995 c.42 §167; renumbered
545.649 in 1995]
545.319
Elections on question of constructing improvement; resolution of directors. (1) If the board of directors considers it
for the best interest of the district that the proposed improvement be
constructed, the board, by resolution, may call an election to be held within
the boundaries of the land described in the petition for the purpose of
submitting the question as to whether or not the proposed improvement shall be
constructed. The board shall in the resolution fix the time and place of holding
the election, specify the polling place and appoint three judges who shall
constitute a board of election. The resolution shall also contain the ballot
title to be used at the election. The ballot title shall contain such
information as in the judgment of the board will advise the owners of the land
to be charged with the cost of the proposed improvement as to the general
nature of the improvement and the estimated cost.
(2) The board at the time of calling the
election within the land described in the petition shall also by resolution
call an election to be held within the district at large for the purpose of
submitting the question as to whether or not the proposed improvement shall be
constructed. This resolution shall contain provisions identical with those
provided for in subsection (1) of this section. The election in the district at
large shall be held on the same day that the election within the territory
described in the petition is held. The election shall be conducted, as nearly
as practicable, in accordance with the general election laws of the state
applicable to irrigation districts. [Formerly 545.404]
545.320 [Amended by 1995 c.42 §168; renumbered
545.651 in 1995]
545.322 [Amended by 1989 c.182 §23; 1995 c.42 §169;
renumbered 545.655 in 1995]
545.323
Majority of votes required to approve construction of improvement; cost; apportionment;
assessment. If a majority of
the votes cast by the electors within the boundaries of the land described in
the petition are “Improvement–Yes,” and if a majority of the votes cast by the
electors in the district at large are “Improvement–Yes,” then, but not
otherwise, the board shall construct the improvement. The cost of construction
shall be apportioned by the board to the lands within the boundaries described
in the petition, so that each acre of irrigable land within those boundaries
shall be assessed and required to pay the same amount. In all other respects
the assessment and its levy and collection shall be, as nearly as practicable,
in accordance with the assessment, levy and collection of other assessments and
taxes levied upon lands within the district. [Formerly 545.406]
545.324 [Amended by 1989 c.182 §24; 1995 c.42 §170;
renumbered 545.659 in 1995]
545.326 [Amended by 1979 c.562 §23; 1995 c.42 §171;
renumbered 545.663 in 1995]
545.328 [Repealed by 1995 c.42 §184]
545.330 [Repealed by 1995 c.42 §184]
545.332 [Amended by 1989 c.182 §25; 1995 c.42 §172;
renumbered 545.667 in 1995]
(Miscellaneous)
545.335
Drainage works; construction authorized; powers of districts; designation of
bonds. When it appears
necessary, proper or beneficial to drain any of the lands within the district,
either for the benefit of the lands actually requiring drainage or for the
protection of other lands within the district, and without regard to whether or
not the irrigation works have been actually acquired or constructed, an
irrigation district may cause drainage canals and works to be constructed. When
exercising the authority granted by this section relating to drainage, the
district shall have the same power and authority as is conferred on the
district with regard to irrigation. All powers in the Irrigation District Law
conferred upon irrigation districts with respect to irrigation shall be
construed to include drainage. However, any bonds issued solely for drainage
purposes shall be known as “Drainage Bonds of _____ Irrigation District.” [Formerly
545.106]
DEVELOPMENT
OF DISTRICT LANDS BY UNITED STATES
545.343
Obligations or contracts with
(a) The construction, operation and
maintenance of the necessary works for the delivery and distribution of water
under the Federal Reclamation Act and the rules and regulations established
thereunder. The board may contract for the refusal of water service to any
lands which are in default in the payment of any assessment levied to carry out
any contract between the district and the
(b) The assumption, as principal or
guarantor, of indebtedness to the
(2) The board may also contract with the
(3) When a contract is made with the
(4) The board may accept, on behalf of the
district, appointment of the district as fiscal agent of the
545.345
Conveyance of lands to
545.347
Obligations or contracts with
545.349
Authority to transfer land to federal government for development and
colonization; repayment of expenditures; levy of assessments; funds; contracts
with federal government. Any
irrigation district organized under the laws of
545.351
Acquisition of lands from owners; crediting of value on charge against
remainder of land. In order
to make the lands available for development by the federal government or any
federal agency, as provided in ORS 545.349, any irrigation district may accept
from any landowner within the district title to any part of the land of the
landowner and allow the landowner credit to the extent of the reasonable value
of that land on the reclamation charge against the remainder of the land of the
landowner. However, credit shall not be allowed so as to entirely extinguish
the reclamation charge against any land in the district, and land shall not be
accepted by the district or credit allowed until a contract has been executed
by the district and the federal government or some federal agency for
development of the lands. [Formerly 545.174]
545.352 [Amended by 1995 c.42 §173; renumbered
545.671 in 1995]
545.354 [Amended by 1995 c.42 §174; renumbered
545.673 in 1995]
545.355
Proceedings on extension or cancellation of payments due federal government. When an irrigation district under contract
with the United States has levied any assessment for collection of money
payable to the United States under the contract, if the Secretary of the
Interior has, by agreement with the board of directors of the district,
authorized the extension or cancellation of any payments due the United States
by the cancellation of assessments already levied but remaining unpaid, the
board of directors shall certify to the tax collector of the county in which
the land is located a statement of the year and amounts assessed against each
tract for which cancellation has been authorized. The tax collector upon
receipt of the certificates shall, if the assessment remains unpaid, indorse
upon the district’s assessment roll, “Corrected under certificate of board of
directors,” and deduct and cancel from the assessment against each tract the
amount of the assessment authorized to be canceled. [Formerly 545.176; 1997
c.170 §51]
545.356 [Amended by 1995 c.42 §175; renumbered
545.675 in 1995]
545.358 [Amended by 1995 c.42 §176; renumbered
545.677 in 1995]
545.359
Contracts with federal government for flood control works. (1) When the board of directors of any
irrigation district determines that it is for the best interest of the district
that the floodwaters of any stream that enters upon the district or whose
waters are used in the irrigating of any of the lands in the district be
controlled, the board may enter into a contract with the United States
Government, or any of its agencies which may be empowered to construct flood
works. The contract shall require the irrigation district:
(a) To provide without cost to the
(b) To hold and save harmless the
(c) To maintain and operate all the works
after construction in accordance with any regulations prescribed by the
(2) The contract shall not be binding upon
the district until it has been approved by the legal voters of the district as
provided by ORS 545.511 and 545.513 (1). When the contract has been so executed
and approved the board shall carry out fully the provisions of the contract. [Formerly
545.178]
545.360 [Amended by 1995 c.42 §177; renumbered
545.679 in 1995]
545.365
Disposition of real property acquired by district; sale to member of board or
employee prohibited. Any
irrigation district foreclosing or otherwise acquiring any real property may
lease, operate or sell the property upon such terms and taking such security
for the rental or purchase price as the board of directors may consider
advisable. A member of the board of directors or employee of the irrigation
district shall not purchase or be interested in any contract for purchase of
lands sold by the district. [Formerly 545.142]
545.367
Authorization of sale of property, excess water or hydroelectric power. When the board of directors of an irrigation
district considers it to be for the best interests of the district to sell any
property owned by the district and not required for district purposes,
including excess storage or carrying capacity, surplus water or water rights,
or to dispose by contract, lease or sale of any undeveloped hydroelectric
power, the board shall adopt and enter in the minutes of its proceedings a
resolution stating in substance:
(1) A general description of property to
be sold.
(2) The amount of the excess capacity or
surplus water owned by the district and the amount proposed to be sold.
(3) That the sale can be made without
impairing the security of the outstanding bonds. [Formerly 545.144]
545.369
Release of lien of bonds; form; acknowledgment by bondholders; copy of release
as evidence. The board of
directors may then proceed to obtain releases of the lien of all outstanding
bonds against the property it is proposed to sell. Release of the lien shall be
in writing and acknowledged by the holders of the bonds in substantially the
same manner and form as is required for a conveyance of land. However, the
notary or other officer taking the acknowledgment shall include in the
certificate of acknowledgment, or in another appropriate certificate, the fact
that the bonds described in the instrument were exhibited to the notary or
other officer by the bondholder making the acknowledgment. The acknowledgment
shall have the same force and effect as evidence as has the acknowledgment of a
conveyance. The certificate of the officer taking the acknowledgment that the
bonds were exhibited shall be conclusive evidence of the ownership of the bonds
by the person executing and acknowledging the release. The acknowledged release
shall be filed with the board and recorded in its minutes. The minutes, or a
copy thereof certified by the secretary of the board, shall be admissible in
evidence with the same effect as the original of the acknowledged release. [Formerly
545.146]
545.371
Consent of bondholders; notice requiring presentation of objections;
implication of consent; hearing of objections by directors. The board may obtain constructive consent to
the release of the lien of all outstanding bonds against property to be sold by
publishing a notice describing the property to be released from the lien of
outstanding bonds, and requiring all holders of bonds against the district to
present in writing their dissent from or objection to release of the lien of
all bonds against the property to be sold. The board shall publish the notice
for at least four consecutive weeks in three newspapers published in
545.373
Proceeds of sale; special fund; uses of moneys. All proceeds from the sale of property owned
by the district and subject to the lien of outstanding bonds shall be held in a
special fund to be applied:
(1) First, to the construction or
reconstruction of the drainage or other works of the district that are required
by the United States as one of the conditions for the purchase of the property
by the United States; and
(2) Second, as may be agreed between the
district and the holders of the bonds, except that when the proceeds are
applied to bonded indebtedness, the application shall be made to payment on the
outstanding bonds as their interests may appear. [Formerly 545.150]
545.375
Purchaser rights; power of directors respecting contracts and instruments
relating to transfer. (1) A
sale of excess storage or carrying capacity or a sale of surplus water or water
rights by the board shall not give the purchaser any prior or superior right in
the water rights, water supplies, reservoir or irrigation works of the district
over the rights retained by the district for lands within the district.
(2) If the contracts or instruments are
considered advantageous to the district, the board may enter into contracts and
execute instruments as may be necessary:
(a) To transfer property, including excess
storage and carrying capacity and surplus water and water rights;
(b) To transfer the right to the use of
the quantity of water sold;
(c) To transfer an interest in the
reservoir and other irrigation works of the district; or
(d) For the joint management and operation
of any or all of the works of the district.
(3) Property of the district that is the
subject of a contract or instrument executed under this section must be
released from the lien of outstanding bonds of the district prior to the
execution of the contract or instrument. [Formerly 545.152]
CHARGES AND
ASSESSMENTS
(Generally)
545.381
Annual assessments; computation of amount to be raised; apportionment;
determination of acreage and assessments; credit for water rights. (1) On or before the first Tuesday in April
of each year, the board of directors shall make a computation of the whole
amount of money necessary to be raised by the district for the ensuing year for
any purpose whatsoever in carrying out the Irrigation District Law, including
estimated delinquencies on assessments. The board may provide for a reasonable
maintenance and operation reserve fund. The amount determined by the board
shall constitute an assessment upon all the land included in the district. The
amount determined by the board shall be apportioned by the board to the lands
owned or held by each person so that each acre of irrigable land in the
district shall be assessed and required to pay the same amount, except as
otherwise provided in this section and ORS 545.385, 545.387, 545.389, 545.391
and 545.413.
(2) The board of directors shall determine
the number of irrigable acres owned by each landowner in the district and the
proportionate assessments as nearly as may be from available information. If a
substantial error is made in the determination, proper adjustment may be made
at the next equalization of the annual assessment by increasing or decreasing
the amount any landowner shall pay. Any lands owned by any person totaling less
than one acre in area shall be assessed as one acre.
(3) Until such time as the water rights
appurtenant to any tract of land within an irrigation district are acquired by
the district, the assessments against that land, except for operation,
maintenance and drainage, shall be in the same proportion to a full assessment
as the additional water right to be supplied to the tract bears to a full water
right. For operation, maintenance and drainage, each irrigable acre in the
district shall be assessed the same, except as otherwise provided in ORS
545.387, 545.389, 545.391 and 545.413. [Formerly 545.432; 2001 c.215 §19]
545.382 [Amended by 1991 c.459 §423b; 1995 c.42 §92;
renumbered 545.399 in 1995]
545.384 [Amended by 1995 c.42 §93; renumbered
545.401 in 1995]
545.385
Certain lands may be assessed at different amounts; additional service charge. (1) Notwithstanding ORS 545.381 or 545.482
to 545.508, an irrigation district that assesses land in the district under ORS
545.381 or 545.482 to 545.508 may assess any land within the district to which
the district furnishes or supplies water for irrigation purposes and which:
(a) Lies above the level of the canals or
ditches of the district and is irrigated by pumping by the landowner;
(b) Is irrigated by a partial,
supplemental or intermittent supply of water from the district;
(c) Is irrigated by impounded water of the
district; or
(d) Is irrigated by water of the district
which is subject to prior use by other lands within the district.
(2) The amount of the assessment on land
described in subsection (1) of this section shall be an amount that the board
determines to be just, taking into consideration the benefit to the land
assessed and extra expenses, if any, of the landowner or holder in using such
water. However, the amount may not exceed the amount assessed against irrigable
acres lying below the level of the canals or ditches of the district.
(3) Notwithstanding ORS 545.381 or 545.482
to 545.508, an irrigation district which assesses land in the district under
ORS 545.381 or 545.482 to 545.508 may assess a service charge, in addition to
the regular assessment, against subdivided and small tract lands that have
appurtenant water rights and to which irrigation water is furnished or is
available for delivery. A service charge authorized by this section shall be
assessed against lands only when delivery of water to these lands requires operation,
construction and maintenance costs substantially greater than operation,
construction and maintenance costs involved in delivering water to the majority
of other lands in the district. All such small tract or subdivided lands shall
be placed in groupings rounded up to the next whole acre, and each grouping
shall be assessed as a single class. [Formerly 545.433]
545.387
Assessment on benefit basis; determination of benefits. After an affirmative vote at any regular or
special election called or held under the Irrigation District Law, a district
issuing bonds may proceed to levy and collect assessments for any purposes of
the irrigation district on a benefit basis instead of on the basis of the
number of irrigable acres. The valuation of lands for determination of benefits
shall be made by three competent, disinterested viewers appointed by the
governing body of the county. The viewers shall classify the lands included in
each ownership or smallest legal subdivision and fix the assessments according
to the productive value of water and land prepared to receive water. The
assessments shall be determined without regard to permanent improvements, such
as buildings or orchards. When fixing the amount of assessments, the viewers
shall provide proper deductions for partial water rights appurtenant to any
tract of land within the district not furnished by the district. However, no
change in method of assessment shall be made except with the consent of the
holders of outstanding bonds. [Formerly 545.434]
545.389
Deduction for rights or property required by district; assessments pending
construction. (1) In fixing
the proportionate part of the cost of the reclamation that each owner of land
shall pay, the amount to be paid to any owner for easements, rights of way,
water rights or other property or rights required by the district, may be
deducted from the amount that the owner of the property or rights would
otherwise be required to pay, and assessments for payment of the cost of the
reclamation, and interest thereon, may be made accordingly. Property and rights
so acquired shall not be vested in the district until bonds have been disposed
of or means otherwise provided for reclamation of the land in the district.
(2) Before completion of the project, the
board may adjust the assessment so that the lands to which the district
delivered water or could on demand have delivered water, during the preceding
irrigation season, shall, in addition to their pro rata share of the remainder
of the assessment, pay for the operation and maintenance of the constructed or
partially constructed works through which the lands receive water. [Formerly
545.436]
545.391
Assessments for contracts with
(2) In irrigation districts which enter
into a contract with the United States providing for the payment of charges to
the United States upon the basis authorized by the Act of Congress of December
5, 1924, entitled “An act making appropriations to supply deficiencies in
certain appropriations for the fiscal year ending June 30, 1924, and prior
fiscal years, to provide supplemental appropriations for the fiscal year ending
June 30, 1925, and for other purposes,” annual levies of assessments for the
purpose of making payment to the United States under the contract may be made
by the board on the basis provided for in that Act and the contract, either
before or after judicial confirmation of apportionment of benefits. In such
districts annual levies for the purpose of making construction payments to the
United States may be made on the basis of the gross average annual acre-income
of the lands of the district or divisions of the district, or classes of lands
in the district, as such gross average annual acre-income is determined by the
Secretary of the Interior, until the amount apportioned against each tract has
been fully paid. [Formerly 545.438]
545.393
Resolution concerning assessments for payment to
545.395
Development of district by units; apportionment of assessments; inclusion of
noncontiguous land; assessment of reclaimed or improved lands for district
obligations. An irrigation
district may provide for the reclamation, improvement or irrigation of the
lands within the district in units. When a district does so, the assessments
against the lands in the district may be apportioned by the board of directors
to the lands owned or held by each person so that the lands in each unit shall
pay the cost of reclaiming, improving, maintaining and operating the lands in
the unit. Within the units the assessments shall be apportioned in accordance
with ORS 545.381, 545.385, 545.387, 545.389, 545.391 and 545.413. Land
noncontiguous to an irrigation district may be included in the district as a
unit at the time of the organization of the district or at any subsequent time.
Prior to the completion of the works for the reclamation of any units the lands
in the units may be assessed as appears equitable to the board, subject to the
rights of land owners in the district to have the assessments adjusted by the board
of equalization and to appeal therefrom. However, all reclaimed or improved
lands, whether irrigated or not, shall be subject to assessment for the payment
of any obligation of the district. [Formerly 545.444; 1999 c.452 §25]
545.397
Districts developed by units; validation. The reclamation, division, improvement and assessment of lands within
any irrigation district in units, made before June 2, 1927, are hereby
validated. [Formerly 545.446]
545.399
Contract with
545.401
Deposit of moneys in special fund; uses. All moneys realized from any assessments levied under ORS 545.399
shall be deposited by the treasurer of the district into a special fund, which
shall be used solely for the purpose of carrying out and complying with the
terms of the contract and the payment of installments of principal and interest
falling due upon any bonds issued pursuant to the contract. [Formerly 545.384]
545.402 [Amended by 1995 c.42 §68; renumbered
545.315 in 1995]
545.404 [Amended by 1995 c.42 §69; renumbered
545.319 in 1995]
545.406 [Amended by 1995 c.42 §70; renumbered 545.323
in 1995]
545.408 [Amended by 1969 c.124 §1; 1995 c.42 §60;
renumbered 545.287 in 1995]
545.410 [Amended by 1969 c.124 §2; 1995 c.42 §61;
renumbered 545.291 in 1995]
545.412 [Amended by 1969 c.124 §3; 1995 c.42 §62;
renumbered 545.293 in 1995]
(Assessment
Procedure)
545.413
Record of assessments and apportionments; error in description; evidence. The board shall prepare a list or record of
the assessments and apportionments in duplicate, giving the description of the
ownership or holdings of each person assessed or apportioned. One copy of the
list or record shall be a permanent record in the office of the board. Any
irregularity or error in the description shall not be considered
jurisdictional, or render the assessment void, if the land assessed can be
identified. The assessment and apportionment made by the board of directors is
prima facie evidence that all the requirements of the law in relation to the
assessment and apportionment have been complied with and that the assessments
are liens against the property to the same extent as other taxes lawfully
levied. [Formerly 545.440]
545.414 [Amended by 1969 c.124 §4; repealed by 1993
c.771 §20]
545.416
Equalization of assessment and apportionment of taxes; notice of time of
meeting of board; public inspection of list. Not more than 30 nor less than 10 days before the annual date
specified by the board of directors as provided in ORS 545.418, the secretary
of the board shall give notice of the time the board, acting as a board of
equalization, will meet for the purpose of reviewing and correcting its
assessment and apportionment of taxes, as provided in ORS 545.418. The
secretary of the board shall publish the notice at least once in a newspaper
published in each county in which the district is situated. The board shall
meet for this purpose on the date specified by the board as provided in ORS
545.418. In the meantime the assessment list and record shall remain in the
office of the secretary of the board, for the inspection of all persons interested.
All persons shall be presumed to have notice of the time of the meeting,
whether they receive actual notice or not. [Formerly 545.448]
545.418
Meeting of board; duration; hearing and determination of objections to
assessments and apportionment; changes. The board of directors shall meet annually on a date specified by the
board as a board of equalization. As a board of equalization, the board of
directors shall continue in session from day to day, as long as necessary, to
hear and determine any objections by any interested persons to the assessments
and apportionment of assessments made under the Irrigation District Law. The
board of directors shall also hear and determine any other matters connected
with assessments and their apportionment that may come before them. The board
shall change its assessment and apportionment and the list and record of the
assessment and apportionment in any respect and manner that may be necessary to
make the assessment and apportionment just and in accordance with the facts.
The secretary of the board of directors shall be present during sessions of the
board of equalization, and shall note all changes made in the assessment,
apportionments, lists and records and names of the persons whose property is
listed. [Formerly 545.450]
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. (1) After the board has completed its assessment, it shall certify the
assessment to the county assessor of each county in which district lands are
situated. The certificate shall be made in the manner provided in ORS 310.060.
The county assessor shall enter the apportionment upon the county assessment roll
against the property described in the certificate, in the same manner that
other municipal assessments are entered by the county assessor. However, the
sum apportioned to and charged for operation and maintenance and the sums
apportioned for all other purposes shall be entered by the assessor separately
on the assessment roll as the irrigation district taxes against the property.
(2) The taxes shall be collected and
accounted for in the same manner as other municipal taxes, and the collection
enforced in the same manner as the other taxes of the county, except that the
tax collector shall collect and account for the tax for operation and
maintenance separate from the taxes levied by the district for other purposes.
When paid to the county treasurer, all taxes or assessments levied and
collected for operation and maintenance shall be carried in a fund to be known
as the operation and maintenance fund. All warrants issued in payment for
operation and maintenance shall be drawn against and paid out of that fund.
(3) Any land, title to which is vested in
the state, including lands segregated under the Carey Act or state lands sold
under contract, in any irrigation district, shall be subject to taxation by the
district. The full amount of assessments due against the lands shall be paid to
the district before the same is sold, resold or contract for sale executed. The
public lands of the
545.422
Nonperformance by board; assessment, levy and equalization by county court. In case of neglect or refusal of the board
of directors to have the assessment and levy made, the assessment and levy
shall be made and equalized by the county court of the county in which the
office of the board of directors is situated. The county court, while sitting
for the transaction of county business, shall make the assessments and levy in
the same manner that the court levies county taxes. An assessment and levy made
by the county court shall have the same effect as an assessment and levy made
by the board of directors. All expenses incident to an assessment and levy made
by a county court under this section shall be borne by the district. The levy
and assessment shall be entered on the county tax roll by the county assessor
in the manner provided in ORS 545.420. [Formerly 545.454]
545.424
Validation of assessments; defective entry on assessment roll; lands partly
outside district. When the
assessments were made substantially in accordance with ORS 545.381, 545.385,
545.387, 545.389, 545.391 and 545.413, all assessments made before May 24,
1933, against real property within any irrigation district by the board of
directors of the district are hereby validated. The assessments shall be a lien
upon the real property described in the assessment, notwithstanding that the
assessments were not entered on the county assessment roll against the property
described as provided by ORS 545.420. Any assessment levied against lands
partly within and partly outside the boundaries of any irrigation district
shall not be void because the lands are partly outside the district, but shall
constitute a valid assessment against that portion of the lands described in
the assessment lying within the boundaries of the irrigation district. [Formerly
545.456]
545.426
Misnomer or mistake relating to ownership not to affect sale. When land is sold for assessments correctly
imposed as the property of a particular person, no misnomer of the owner or
supposed owner, or other mistake relating to the ownership, shall affect the
sale or render it void or voidable. [Formerly 545.458]
545.428
Collection of assessments by board secretary; purpose; treatment of unpaid assessments. For the purpose of providing moneys for
payment of the bonds of an irrigation district and interest on the bonds, the
board, by resolution, may provide for the collection of its assessments from
the irrigable land within the district and require the collection to be made by
the secretary of the board. The board may direct the time and manner of making
the collection and may require the assessments to be paid in advance of the
delivery of water. Any charges or assessments remaining unpaid on any land
within the district at the end of an irrigation season may be placed upon an
assessment list in accordance with ORS 545.381 to 545.397 and 545.413 to
545.422. The charges and assessments shall constitute a lien upon the land and
shall be collected as provided by ORS 545.420 and 545.422. [Formerly 545.522]
545.430
Objections by bondholders; payment from funds otherwise obtained. When any irrigation district provides for
the collection of funds for the payment of bonds and bond interest in
accordance with ORS 545.428, if thereafter any holder of bonds of the district
objects in writing to that method of collection, the district shall pay the
bonds from funds obtained in the manner provided in ORS 545.529, 545.532,
545.535 and 545.537. [Formerly 545.524]
545.432 [Amended by 1969 c.694 §30; 1995 c.42 §85;
renumbered 545.381 in 1995]
545.433 [1955 c.36; §2; 1961 c.388 §1; 1989 c.182 §26;
1995 c.42 §86; renumbered 545.385 in 1995]
545.434 [Amended by 1989 c.182 §27; 1995 c.42 §87;
renumbered 545.387 in 1995]
545.436 [Amended by 1995 c.42 §88; renumbered
545.389 in 1995]
545.438 [Amended by 1995 c.42 §89; renumbered
545.391 in 1995]
545.440 [Amended by 1995 c.42 §94; renumbered
545.413 in 1995]
545.442 [Amended by 1995 c.42 §90; renumbered
545.393 in 1995]
545.444 [Amended by 1989 c.182 §28; 1995 c.42 §91;
renumbered 545.395 in 1995]
545.446 [Renumbered 545.397 in 1995]
545.448 [Amended by 1987 c.835 §2; 1995 c.42 §95;
renumbered 545.416 in 1995]
545.450 [Amended by 1987 c.835 §3; 1995 c.42 §96;
renumbered 545.418 in 1995]
545.452 [Amended by 1955 c.93 §1; 1973 c.305 §17;
1991 c.459 §424; 1995 c.42 §97; renumbered 545.420 in 1995]
545.454 [Amended by 1995 c.42 §98; renumbered
545.422 in 1995]
545.456 [Amended by 1995 c.42 §99; renumbered
545.424 in 1995]
545.458 [Renumbered 545.426 in 1995]
(Unpaid
Assessments)
545.460
Withholding water while assessments are unpaid; accepting security for payment
of assessments. The board of
directors of an irrigation district may withhold delivery of water to any land
within the district until such time as unpaid assessments appearing on the
county tax rolls levied against the lands for any prior year, as the board may
direct, are paid. A board of directors may accept promissory notes, chattel or
real property mortgages or other security, as security for the payment of any
delinquent assessments. [Amended by 1995 c.42 §102]
545.462
Cancellation or compromise of assessment liens on lands acquired by county for
taxes. The board of
directors of an irrigation district may cancel or compromise any liens for
unpaid assessments of the district on lands which have been acquired for taxes
by a county. [Amended by 1995 c.42 §103]
545.464
Order to tax collector to cancel or change liens; correction of delinquent tax
rolls. When the board of
directors considers it to be for the best interests of the district to
compromise or cancel any unpaid assessments of the district on lands acquired
by a county for taxes, the board shall make an order to the tax collector of
the county in which the lands are situated to cancel or change the existing
irrigation liens. Upon receipt of the order, the tax collector shall correct
the delinquent tax rolls in accordance with the order of the board. [Amended by
1973 c.305 §18; 1995 c.42 §104]
545.466
Effect of ORS 545.462 and 545.464 on existing laws. ORS 545.462 and 545.464 do not repeal or
amend any existing law relating to the manner of collection of unpaid
irrigation district assessments. [Amended by 1995 c.42 §105]
(Exemptions)
545.468
Exemption of parcel of land from payment of charge or assessment; qualification
of owner of excluded parcel as district elector. (1) In addition to and notwithstanding any
other provision in this chapter, the board of directors of an irrigation
district, by resolution, may exempt a parcel of land in the district from
payment of any charge or assessment authorized by this chapter when:
(a) The parcel of land is unable to
receive water from the district for irrigation or domestic use and the parcel
consists of two acres or less; or
(b) The water right appurtenant to the
parcel has been transferred by the district to other land within the district
under ORS 540.572 to 540.580, and the other land has been included in the
district subject to the liens and charges or assessments of the district for
the delivery of irrigation water.
(2) The owner of a parcel of land exempt
from payment of charges or assessments under this section is not an elector of
the district unless the owner qualifies as an elector through ownership of
other land within the district. [1985 c.581 §4; 1991 c.957 §14; 1995 c.42 §106]
(Charges for
Water Supply and Retirement of Warrants)
545.471
Charges for water supply; rates; collections and disbursements; basis of
charges. (1) For the purpose
of defraying the expenses of the organization of the district, and of the care,
operation and management, repair and improvement of the portions of the canals
and works that are completed and in use, including salaries of officers and employees,
the board shall fix charges for irrigation and other public uses. The board, by
resolution, may provide for collecting the charges from all persons using the
canals for irrigation and other purposes, and may require the collection to be
made by the secretary of the board and disbursed by the secretary on order of
the board.
(2) The board may designate the time and
manner of making the collections of charges, may require them to be paid in
advance of the delivery of water and may accept short-term interest-bearing
notes for any portion of the charges. In establishing its charges, the board
may consider the quantity of water to be delivered, the acres of land entitled
to benefits from the district, the establishment of uniform or graduated rates
and minimum charges, the imposition of additional charges for special services
and for small tracts or other properties which require proportionately greater
maintenance and operation and other factors the board considers reasonable and
appropriate. The board may base its charges upon any or all of the factors set
forth in this subsection.
(3) In addition to the charges authorized
under subsections (1) and (2) of this section, the board may pass on charges
against individual water users when the district incurs charges, fees, fines or
similar expenses for extraordinary services performed by the district at the
request of the water user or that are incurred by reason of some action or
failure to act by the water user. [Formerly 545.108; 1999 c.452 §26]
545.473
Districts providing for collection of charges by board secretary; levy of percentage
of annual rates. Upon
approval by the board of directors, an irrigation district that provides for
collection of operation and maintenance charges by the secretary of the board
in accordance with ORS 545.471, and that has outstanding operation and
maintenance warrants that have been issued for more than one year, may levy a
charge not to exceed 20 percent of the annual rates fixed for operation and
maintenance. The charge shall be levied and collected for the purpose of
retiring outstanding operation and maintenance warrants of the district. [Formerly
545.542]
545.475
Lands subject to assessment.
An assessment made under ORS 545.475, 545.477 and 545.479 for the purpose of
providing funds for the retirement of outstanding warrants shall be assessed
against all the irrigable lands within and a part of the district. The
assessment shall not be made as a part of the tolls or charges to be collected
from lands lying outside the district. [Formerly 545.544]
545.477
Collection of charges; acceptance of district warrants; disposal of moneys
collected. An irrigation
district that levies any tolls or charges in accordance with this section, ORS
545.473, 545.475 and 545.479 for the purpose of retiring operation and
maintenance warrants shall collect the charges in the same manner as the annual
tolls and charges for operation and maintenance are collected, except that the
district shall accept warrants of the district in payment of assessments made
for the purpose of retiring warrants. Upon the receipt of any moneys levied for
the purpose of retiring warrants, the secretary of the board shall immediately
pay the moneys to the treasurer of the district, who shall place such moneys in
an operation and maintenance fund. [Formerly 545.546]
545.479
Provisions not exclusive nor operative to relieve district of duty respecting
obligations. ORS 545.473,
545.475 and 545.477 are not exclusive and do not relieve any irrigation
district from the duty of levying sufficient sums for the payment of all
outstanding obligations as otherwise provided by law. [Formerly 545.548]
ALTERNATIVE
METHOD OF COLLECTING INCURRED CHARGES
545.482
Authorization of method for billing and collecting incurred charges. The board of directors, by resolution, may
provide for the billing and collection of incurred charges of the district in
the manner provided in ORS 545.482 to 545.508, in lieu of the method provided
for in ORS 545.381 to 545.397, 545.413 to 545.422 and 545.683. A resolution
under this section may be adopted either before or after the district has
commenced to deliver water through all or any part of its canal or distribution
system. If the consent of all the holders of outstanding bonds of the district has
been obtained, the resolution may provide for the collection of incurred
charges for the purpose of retiring bonds and payment of interest on the bonds,
or any part of the bonds. [Amended by 1959 c.223 §1; 1987 c.694 §1; 1991 c.459 §423c;
1993 c.270 §70; 1995 c.42 §112; 2001 c.476 §1]
545.484
Computation of amount to be raised; apportionment of charges; fixing due date
and delinquency date; fee for other services. (1) At least once in each year the board of directors of an irrigation
district that has provided for the collection of its own incurred charges as
provided by ORS 545.482 to 545.508, by resolution, shall make a computation of
the total amount of money necessary to be raised by the district for the
ensuing year for the purpose of carrying out the Irrigation District Law,
including an allowance for delinquencies in collections. When making the
computation, the board shall consider the amounts of money necessary for:
(a) The care, operation and maintenance of
district facilities;
(b) Reasonable reserve funds for major
maintenance, improvement and replacement of capital improvements and
facilities;
(c) The acquisition of land or water
rights;
(d) Bond or interest payments, or payments
due or to become due to the United States or the State of Oregon under any
contract of the district with the United States or the State of Oregon; or
(e) Other expenses of the district.
(2) The resolution shall fix the time when
the incurred charge becomes due and payable. The resolution shall also fix a
time, within one year after the date the incurred charge becomes due and
payable, after which the incurred charge becomes delinquent.
(3) The amount determined by the board
shall be apportioned by the board to the lands owned or held by each person so
that each acre of land in the district that is entitled to irrigation is
required to pay the same amount, except as otherwise provided in ORS 545.385,
545.387, 545.389, 545.391 and 545.487. Land owned by a person constituting a
fractional portion of an acre may be rounded to the next higher whole acre.
(4) A district that provides drainage or
other services to lands that are not entitled to irrigation services from the
district may, at the discretion of the district’s board of directors, charge a
different fee for the provision of those services.
(5) The annual incurred charges
established by the resolution shall continue in effect from year to year until
changed by a resolution of the board of directors.
(6) A person is deemed to have requested
water and other services and improvements provided by the district if the
person signed a petition requesting the formation of an irrigation district
under ORS 545.025, requested that the land of the person be included in the
district pursuant to ORS 545.057 or paid an incurred charge on or before the
delinquency date fixed by the resolution and the person has not:
(a) Excluded the land from the district
pursuant to ORS 545.099;
(b) Transferred all water rights from the
land pursuant to ORS 540.505 to 540.585 for the period of time that the
incurred charge was incurred; or
(c) Otherwise requested that water and
other services and improvements no longer be provided to the land.
(7) Notwithstanding subsection (3) of this
section, if a person was denied approval to transfer all water rights from the
land pursuant to ORS 540.523 or 540.530 or another provision for the period of
time that the incurred charge was incurred, the district may assess an incurred
charge against the person only if the incurred charge is based on the actual
quantity of water used by the person. [Amended by 1987 c.694 §2; 1991 c.459 §423d;
1995 c.42 §113; 2001 c.476 §2]
545.486 [Amended by 1971 c.46 §1; repealed by 1991
c.459 §423s]