Oregon Chapter 545
Chapter 545 — Irrigation DistrictsDownload Full 2005 Oregon Revised Statutes (coming soon!)
Download Full 2007 Oregon Revised Statutes (coming soon!)
View 2005 version of these codes
Code Resources
Oregon Resources
Oregon Website
Oregon Governor
Oregon Legislature
Oregon Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
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