2007 Oregon Code - Chapter 545 :: Chapter 545 - Irrigation Districts
Chapter 545 —
Irrigation Districts
2007 EDITION
IRRIGATION DISTRICTS
WATER LAWS
GENERAL PROVISIONS
545.001Â Â Â Â Short
title
545.002Â Â Â Â Definitions
545.007Â Â Â Â Voting
rights
FORMATION OF DISTRICTS
545.025Â Â Â Â Purposes
of irrigation district; process for formation
545.029Â Â Â Â Hearing
of petition by county court; authority as to boundaries of district; lands
included; order; formation of district without election
545.033Â Â Â Â Naming
and division of districts
545.037Â Â Â Â Notice
of election for determining organization of district; contents; publication;
mailing
545.041Â Â Â Â 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
545.043Â Â Â Â Qualifications
of directors; terms of office; oath
CHANGE OF DISTRICT BOUNDARIES
(Generally)
545.051Â Â Â Â Change
of boundaries authorized; effect on existing rights and liabilities
(Addition of Land)
545.057Â Â Â Â Petition
for inclusion of lands within district
545.059Â Â Â Â Notice
of petition; publication; deposit for costs
545.061Â Â Â Â Hearing
on petition
545.067Â Â Â Â Liability
of petitioners for obligations of district
545.071Â Â Â Â Acceptance
or rejection of petition; inclusion of land when owner objects
545.075Â Â Â Â Requirements
that may be imposed upon petitioners in western
545.079Â Â Â Â Recording
of order including lands in district; effect of order; appeal
545.085Â Â Â Â Record
of petition; admissibility in evidence
545.089Â Â Â Â Redivision
of district; election of directors
545.091Â Â Â Â Inclusion
of lands not subject to charges of district
(Subdistricts)
545.093Â Â Â Â Creation
of subdistricts; purpose; change in subdistrict boundaries
545.094Â Â Â Â Engineering
plan for improvements within subdistricts; notice; hearing; remonstrance
545.095Â Â Â Â Charges
or assessments for improvements within subdistrict
(Exclusion of Land)
545.097Â Â Â Â Exclusion
of tracts; effect on status of district, rights and liabilities
545.099Â Â Â Â Petition
for exclusion of lands from district; approval by board; payment of costs of
exclusion
545.101Â Â Â Â Exclusion
of subdivisions with three or more tracts on each acre of land; exceptions
545.105Â Â Â Â Assent
of bondholders; acknowledgment; filing; recording
545.109Â Â Â Â Recording
minutes of board
545.113Â Â Â Â State
agency to pay assessment and charges or to petition for exclusion
545.123Â Â Â Â Redivision
of district; election of director
545.126Â Â Â Â Liability
of excluded lands for districtÂ’s obligations
(
545.131Â Â Â Â
DISTRICT ELECTIONS AFTER FORMATION
(Generally)
545.135Â Â Â Â Elections
subsequent to organization of district; election of directors
545.137Â Â Â Â 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
545.139Â Â Â Â Board
of election; polls; ballots
545.141Â Â Â Â Conduct
of election; challenge and verification of qualifications of elector; counting
ballots
545.145Â Â Â Â Certificate
of vote; stringing of ballots; sealing of returns; delivery to board secretary;
recount
545.149Â Â Â Â Canvass
of returns; standard for rejecting certain election documents; canvass to be in
public
545.153Â Â Â Â Statement
of result; contents; certificate of election; effect of informalities in
conduct of election
(Elections by Mail)
545.163Â Â Â Â Procedures
for conducting election by mail
(Electoral Districts)
545.167Â Â Â Â Division
of district for election of directors; procedure
545.169Â Â Â Â Election
of directors from newly created divisions
545.171Â Â Â Â Election
precincts in divisions; alteration
BOARD OF DIRECTORS
(Organization)
545.181Â Â Â Â Organization
of board; officers; establishment of meeting dates; collection, custody and
disbursement of moneys
545.183Â Â Â Â Compensation
and expenses of officers and employees; membership fees in associations
545.185Â Â Â Â Meetings
of board; quorum; public inspection of records
545.187Â Â Â Â Vacancy
in office when director ceases to be resident or landowner; appointment of successor
545.189Â Â Â Â Recall
of director; procedure; required number of signatures for recall petition
(Change in Number of Directors)
545.199Â Â Â Â Increase
in number of directors upon determination of board or petition; election on
increase
545.203Â Â Â Â Election
of additional directors; terms of office
545.207Â Â Â Â Redivision
of district upon increase in directors; representation of divisions; voting
qualifications
545.211Â Â Â Â Decrease
in number of directors; redivision of district; terms of office
(General Powers and Duties)
545.221Â Â Â Â Powers
and duties of board as to management of district; water deliveries
545.225Â Â Â Â Contracts;
conveyances; suits; judicial knowledge concerning district; audit reports
POWERS OF DISTRICTS
(Acquisition of and Entry onto Land)
545.237Â Â Â Â Right
to enter upon lands for inspection and maintenance of water works
545.239Â Â Â Â Right
to enter upon and acquire lands and water rights; right of condemnation
545.241Â Â Â Â Bond
or other security as condition of immediate possession in condemnation by
irrigation or drainage district
545.245Â Â Â Â Right
to immediate possession in condemnation proceeding
545.249Â Â Â Â Right
to condemn for irrigation purposes is a superior right
545.253Â Â Â Â Title
to and rights in property acquired
545.257Â Â Â Â 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)
545.271Â Â Â Â Furnishing
water
545.275Â Â Â Â Lien
on crops for water supplied for irrigation; enforcement; attorney fees
545.279Â Â Â Â District
may require water control devices and measuring devices; notice to water user;
objections; hearing
545.283Â Â Â Â Joinder
of districts in acquisition or construction of irrigation or other water use
works
545.287Â Â Â Â Directors
may construct or maintain improvements, levy assessments or provide for charges
545.291Â Â Â Â Apportionment
of water to tracts; employment of person to distribute water; assessment or
charge; lien on land
545.293Â Â Â Â Resolution
for water distribution works or services; hearing of objections; construction,
repair or maintenance of improvement; apportionment of costs; assessment
545.295Â Â Â Â Conditions
required in certain districts before delivering water to additional lands;
order; charges and assessments
(Finances)
545.301Â Â Â Â Financing
acquisition of water works; contracts with federal government; approval by
electors
545.303Â Â Â Â Water
works system to be self-sustaining; payment of indebtedness; rates; separate
accounts
545.305Â Â Â Â Election
concerning acquisition of water works
545.307Â Â Â Â Investment
of surplus funds in federal or state bonds
(Construction of Improvements)
545.315Â Â Â Â Petition
to construct improvements for irrigation; contents; assent of petitioners to
assessment of cost of improvement
545.319Â Â Â Â Elections
on question of constructing improvement; resolution of directors
545.323Â Â Â Â Majority
of votes required to approve construction of improvement; cost; apportionment;
assessment
(Miscellaneous)
545.335Â Â Â Â Drainage
works; construction authorized; powers of districts; designation of bonds
DEVELOPMENT OF DISTRICT LANDS BY UNITED
STATES
545.343Â Â Â Â Obligations
or contracts with
545.345Â Â Â Â Conveyance
of lands to
545.347Â Â Â Â Obligations
or contracts with
545.349Â Â Â Â Authority
to transfer land to federal government for development and colonization;
repayment of expenditures; levy of assessments; funds; contracts with federal
government
545.351Â Â Â Â Acquisition
of lands from owners; crediting of value on charge against remainder of land
545.355Â Â Â Â Proceedings
on extension or cancellation of payments due federal government
545.359Â Â Â Â Contracts
with federal government for flood control works
545.365Â Â Â Â Disposition
of real property acquired by district; sale to member of board or employee
prohibited
545.367Â Â Â Â Authorization
of sale of property, excess water or hydroelectric power
545.369Â Â Â Â Release
of lien of bonds; form; acknowledgment by bondholders; copy of release as
evidence
545.371Â Â Â Â Consent
of bondholders; notice requiring presentation of objections; implication of
consent; hearing of objections by directors
545.373Â Â Â Â Proceeds
of sale; special fund; uses of moneys
545.375Â Â Â Â Purchaser
rights; power of directors respecting contracts and instruments relating to
transfer
CHARGES AND ASSESSMENTS
(Generally)
545.381Â Â Â Â Annual
assessments; computation of amount to be raised; apportionment; determination
of acreage and assessments; credit for water rights
545.385Â Â Â Â Certain
lands may be assessed at different amounts; additional service charge
545.387Â Â Â Â Assessment
on benefit basis; determination of benefits
545.389Â Â Â Â Deduction
for rights or property required by district; assessments pending construction
545.391Â Â Â Â Assessments
for contracts with
545.393Â Â Â Â Resolution
concerning assessments for payment to
545.395Â Â Â Â Development
of district by units; apportionment of assessments; inclusion of noncontiguous
land; assessment of reclaimed or improved lands for district obligations
545.397Â Â Â Â Districts
developed by units; validation
545.399Â Â Â Â Contract
with
545.401Â Â Â Â Deposit
of moneys in special fund; uses
(Assessment Procedure)
545.413Â Â Â Â Record
of assessments and apportionments; error in description; evidence
545.416Â Â Â Â Equalization
of assessment and apportionment of taxes; notice of time of meeting of board;
public inspection of list
545.418Â Â Â Â Meeting
of board; duration; hearing and determination of objections to assessments and
apportionment; changes
545.420Â Â Â Â 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
545.422Â Â Â Â Nonperformance
by board; assessment, levy and equalization by county court
545.424Â Â Â Â Validation
of assessments; defective entry on assessment roll; lands partly outside
district
545.426Â Â Â Â Misnomer
or mistake relating to ownership not to affect sale
545.428Â Â Â Â Collection
of assessments by board secretary; purpose; treatment of unpaid assessments
545.430Â Â Â Â Objections
by bondholders; payment from funds otherwise obtained
(Unpaid Assessments)
545.460Â Â Â Â Withholding
water while assessments are unpaid; accepting security for payment of
assessments
545.462Â Â Â Â Cancellation
or compromise of assessment liens on lands acquired by county for taxes
545.464Â Â Â Â Order
to tax collector to cancel or change liens; correction of delinquent tax rolls
545.466Â Â Â Â Effect
of ORS 545.462 and 545.464 on existing laws
(Exemptions)
545.468Â Â Â Â 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)
545.471Â Â Â Â Charges
for water supply; rates; collections and disbursements; basis of charges
545.473Â Â Â Â Districts
providing for collection of charges by board secretary; levy of percentage of
annual rates
545.475Â Â Â Â Lands
subject to assessment
545.477Â Â Â Â Collection
of charges; acceptance of district warrants; disposal of moneys collected
545.479Â Â Â Â Provisions
not exclusive nor operative to relieve district of duty respecting obligations
ALTERNATIVE METHOD OF COLLECTING INCURRED
CHARGES
545.482Â Â Â Â Authorization
of method for billing and collecting incurred charges
545.484Â Â Â Â Computation
of amount to be raised; apportionment of charges; fixing due date and
delinquency date; fee for other services
545.487Â Â Â Â Pressurization
charge; application to certain lands; apportionment
545.494Â Â Â Â Unpaid
charge as lien on land; priority respecting other liens and claims
545.496Â Â Â Â Collection
of incurred charges; withholding of water until payment; interest on unpaid
charges
545.498Â Â Â Â Surety
bond to be given by board secretary prior to handling district funds
545.502Â Â Â Â Foreclosure;
procedure; redemption after sale; attorney fees
545.504Â Â Â Â Redemption
of land upon or prior to foreclosure sale
545.506Â Â Â Â Payment
of taxes by district; amount paid added to lien
545.507Â Â Â Â Borrowing
for payment of operation and maintenance costs
545.508Â Â Â Â Moneys
collected; deposit; separation of funds; disbursements
BONDS; CONTRACTS WITH STATE OR FEDERAL
GOVERNMENT
(Authorization for Bonds or Contracts)
545.511Â Â Â Â Authorization
of bonds, including refunding bonds; contract with state or with
545.513Â Â Â Â Resubmission
of questions to electors; contracts not requiring vote
545.515Â Â Â Â Bonds;
interest included in authorized amount
545.517Â Â Â Â Bonds
securing payments to
545.519Â Â Â Â Issuance
of bonds; cancellation of bonds
545.521Â Â Â Â 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)
545.529Â Â Â Â Bonds
and payments payable from assessments; liability of lands
545.532Â Â Â Â Increase
of assessments to meet defaults; property liable for indebtedness; possession
of works upon default
(Payment of Assessments for Bonds and Contract
Obligations)
545.535Â Â Â Â Lien
against assessed lands; priority
545.537Â Â Â Â
545.539Â Â Â Â Bond
sinking funds; other funds
545.541Â Â Â Â Retirement
of bonds prior to maturity
545.545Â Â Â Â Determination
of liability of individual tracts for bonded indebtedness; acceptance of bonds
and cash in payment
(Issuance of Bonds by Certain Districts)
545.551Â Â Â Â Application
of ORS 545.553 and 545.555
545.553Â Â Â Â Petition
for election on authorization and issuance of bonds
545.555Â Â Â Â Holding
election; notice
545.557Â Â Â Â Bonds;
maturities; reserves; interest; trustees
545.559Â Â Â Â Bonds
and coupons to be negotiable instruments
ALTERNATIVE METHOD OF ISSUING BONDS
545.565Â Â Â Â Refunding
bonds; procedure
545.567Â Â Â Â Determination
of liability for assessment to pay bonds; determination on basis of irrigable
area or benefits accrued
545.569Â Â Â Â Amounts
paid to owners for property or rights
545.571Â Â Â Â Notice
of determination; publication; contents
545.573Â Â Â Â Equalization
of assessments; hearings
545.575Â Â Â Â Order
determining benefits; order of assessment; “benefit surplus” defined
545.577Â Â Â Â Notice
of proceedings; appeal to circuit court; notice and summons
545.579Â Â Â Â Pleadings;
trial; appeal; finality of assessment order
545.581Â Â Â Â Assessment
installments
545.585Â Â Â Â Bonds;
issuance; purposes; form; amortization; maturities; negotiability; numbering;
interest; denomination; registration; amount maturing annually; retirement
545.589Â Â Â Â Recording
of assessments; bond lien docket; payment by bonds or coupons; interest on
unpaid assessments; lien on land; priority
545.595Â Â Â Â Payment
of assessment; relief from further assessment
545.599Â Â Â Â Five-year
additional assessment; emergency assessments; emergency fund
545.603Â Â Â Â Entry
on assessment roll; lien on land; collection; disposal of moneys collected;
liability of land sold for taxes; exception
545.607Â Â Â Â Retirement
of bonds before maturity
545.617Â Â Â Â
545.621Â Â Â Â Exchange
of refunding bonds for outstanding indebtedness; exchange of interest
certificates for bonds
545.629Â Â Â Â Declaration
of intent to dispose of bonds; resolution; notice of sale; publication
545.631Â Â Â Â Consent
of creditors to refunding of indebtedness
545.633Â Â Â Â Obtaining
constructive consent of unknown or dissenting creditors; petition
545.635Â Â Â Â Notice
of court proceeding to obtain constructive consent; effect of failure to file
objection
545.637Â Â Â Â Hearing
on petition; judgment; trustee
545.639Â Â Â Â Nature
of proceeding; appeal; nonprejudicial errors; costs
ALTERNATIVE METHOD OF LIQUIDATING
INDEBTEDNESS
545.643Â Â Â Â Contract
providing plan of liquidation; resolution; investigation by and approval of
Water Resources Commission
545.645Â Â Â Â Terms
of contract; parties; execution
545.647Â Â Â Â Recording
of contract; effective date; preeminence of contract with respect to rights and
liabilities
545.649Â Â Â Â New
contract in lieu of previous contract
545.651Â Â Â Â Constructive
consent of holders of outstanding indebtedness; procedure for obtaining consent;
petition
545.655Â Â Â Â Notice
of petition and terms of contract; failure to file dissent; effect
545.659Â Â Â Â Hearing
on petition; judgment; trustee
545.663Â Â Â Â Nature
of proceeding; appeal; nonprejudicial errors; costs
545.667Â Â Â Â State
Treasurer as depository
ADDITIONAL METHOD OF LIQUIDATING INDEBTEDNESS
545.671Â Â Â Â Contract
providing plan of liquidation; resolution of directors
545.673Â Â Â Â Terms
of contract
545.675Â Â Â Â Parties
to contract; execution
545.677Â Â Â Â Election
authorizing directors to enter into contract
545.679Â Â Â Â Recording
of contract; effective date; preeminence of contract with respect to rights and
liabilities
CLAIMS AGAINST DISTRICTS
545.683Â Â Â Â 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
545.685Â Â Â Â 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 assessorÂ’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 assessorÂ’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 assessorÂ’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 candidateÂ’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 assessorÂ’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 districtÂ’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 clerkÂ’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 districtÂ’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 electorÂ’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 electorÂ’s sworn statement, the secretary of the district shall
attempt to verify the electorÂ’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
electorÂ’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 electorÂ’s sworn
statement, the secretary of the district shall attempt to verify the electorÂ’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 electorÂ’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 usersÂ’
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 daysÂ’
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 landownerÂ’s
choice to vote in a certain division is permanent and remains permanent until
the nonresident landownerÂ’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
districtÂ’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 usersÂ’ 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 userÂ’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 usersÂ’ 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 usersÂ’ 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 usersÂ’
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 usersÂ’ 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 usersÂ’
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 usersÂ’ 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 usersÂ’ 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 usersÂ’
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 districtÂ’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]
     545.487
Pressurization charge; application to certain lands; apportionment. (1) An irrigation district that charges for
water delivery in the district under the provisions of ORS 545.482 may charge a
pressurization charge, in addition to the regular charge. The pressurization
charge may be charged against the lands that have appurtenant water rights and
to which irrigation water is furnished or is available for delivery by pipe and
under pressure. However, a pressurization charge may not be charged unless
delivery of water by pipe and under pressure to these lands requires operation,
construction and maintenance costs greater than the operation, construction and
maintenance costs involved in delivering water to the nonpiped and
nonpressurized lands in the district.
     (2) The board may apportion a
pressurization charge allowed under subsection (1) of this section to the water
users of the lands served by pipe and pressurized water so that each acre of
irrigable land in the district that has piped and pressurized water to it shall
be required to pay the same per acre pressurization service charge. [1989 c.182
§2; 1991 c.459 §423e; 1995 c.42 §114]
     545.488 [Amended by 1989 c.182 §29; repealed by 1991
c.459 §423s]
     545.490 [Repealed by 1991 c.459 §423s]
     545.492 [Repealed by 1991 c.459 §423s]
     545.494
Unpaid charge as lien on land; priority respecting other liens and claims. (1) If any incurred charge remains unpaid
beyond the due date of the incurred charge, the secretary of the district may
file a notice of claim of lien with the recording officer of the county of each
county in which land is situated which received or was entitled to receive the
benefit of the water delivery for which the incurred charge has been made. The
notice of claim of lien shall be in writing and must contain:
     (a) The name of the water user to whom the
water was delivered or was deliverable;
     (b) A statement of the amount claimed past
due; and
     (c) A description of the land which
received or was entitled to receive the benefit of the water delivery
sufficient for identification.
     (2) Upon filing of the notice, the
incurred charge and costs of filing and removing the notice shall become a lien
upon all lands described in the notice in the amounts set forth opposite each
tract of land. The lien shall be prior to all encumbrances of whatever kind or
nature, whether executed before or after the lien of the irrigation district is
created, or whether recorded or registered or not. The lien of the irrigation
district upon each tract of land shall be subject to all lawful taxes levied
and assessed for state and county purposes by the county in which the land is
located. The lien of the irrigation district shall not be subject or inferior
to any claim, lien or assessment of any other taxing district, whenever levied,
or whether extended on the county tax rolls for collection or not. [Amended by
1991 c.459 §423f; 1995 c.42 §115; 2001 c.476 §5]
     545.496
Collection of incurred charges; withholding of water until payment; interest on
unpaid charges. (1) Incurred
charges under ORS 545.482, 545.484 and 545.494 shall be collected by the
secretary of the district. The district may withhold delivery of water from any
tract of land until the incurred charges for the current year and any prior
years, including interest and lien and collection costs and fees, are paid in
full.
     (2) If an incurred charge, or any
installment of an incurred charge, under ORS 545.482, 545.484 and 545.494 is
not paid when due, interest shall be charged and collected on the incurred
charge or installment at the rate of one and one-third percent per month, or
fraction of a month, until paid.
     (3) If a notice of claim of lien has been
filed under ORS 545.494, the costs of the filing and any costs of removing the
lien, including but not limited to recording and filing fees, title search fees
and a reasonable administrative fee, shall be charged and collected. [Amended
by 1981 c.71 §1; 1991 c.459 §423g; 1993 c.771 §16; 1995 c.42 §116; 1995 c.754 §8;
2001 c.476 §3]
     545.498
Surety bond to be given by board secretary prior to handling district funds. Before handling or receiving any funds or
collecting any incurred charges as provided in ORS 545.482 to 545.508, the
secretary of the district shall give a good and sufficient surety bond by an
authorized surety company, in an amount that the board of directors may determine.
The cost of the bond shall be paid by the district. The bond shall be approved
by the board and filed in the office of the district. The amount of the bond
may be varied from time to time by order of the board. [Amended by 1991 c.459 §423h;
1995 c.42 §117; 2001 c.476 §6]
     545.500 [Amended by 1991 c.459 §423i; 1995 c.42 §118;
repealed by 2001 c.476 §11]
     545.502
Foreclosure; procedure; redemption after sale; attorney fees. (1) At any time after the delinquency date
fixed by the resolution and upon the filing of the notice of claim of lien
under ORS 545.494, the board by resolution may direct that all delinquent
incurred charges then unpaid shall be foreclosed by the district. The
foreclosure shall follow the general procedure of a suit in equity and be filed
in the circuit court for the county in which the land to be foreclosed is
situated. If land in two or more counties is to be foreclosed, separate
proceedings shall be commenced in each county as to the lands in that county.
In addition to such incurred charges being foreclosed, the district may recover
in the suit the costs and disbursements and expenses of foreclosure, including
but not limited to recording and filing fees, title search fees, foreclosure
reports and a reasonable administrative fee. Any number of tracts of land may
be foreclosed in the same suit, without regard to whether they are delinquent
for the same or different incurred charges, or for the same or several years.
The judgment shall order the sale of the property and order the sheriff of the
county to hold the sale in the same manner as other foreclosure sales. The
sheriff shall fix the time for holding the sale and give notice of the sale for
two consecutive weeks prior to the day of sale by publication of notice once
each week in a newspaper published in the county in which the land to be sold
is situated. The sheriff shall also post notices in three public and
conspicuous places within the county at least two weeks prior to the day of
sale. The irrigation district may be a bidder and purchaser of the property at
the sale.
     (2) Property sold under this section may
be redeemed within 180 days from the date of sale by the:
     (a) Former owner whose right and title
were sold, or the heir, devisee or grantee of the former owner; or
     (b) Holder of legal or equitable title or
lien upon the land.
     (3) A person who redeems the property
under subsection (2) of this section shall pay the amount provided in ORS
18.582 (2).
     (4) The court may award reasonable
attorney fees to the prevailing party in a foreclosure action under this
section. [Amended by 1981 c.897 §61; 1991 c.459 §423j; 1993 c.771 §17; 1995
c.42 §119; 1995 c.618 §83; 2001 c.476 §4; 2003 c.576 §498; 2005 c.371 §1]
     Note: 18.582 was repealed by section 73, chapter
542, Oregon Laws 2005. The text of 545.502 was not amended by enactment of the
Legislative Assembly to reflect the repeal. Editorial adjustment of 545.502 for
the repeal of 18.582 has not been made.
     545.504
Redemption of land upon or prior to foreclosure sale. At any time prior to sale, or at the time of
sale, as provided by ORS 545.502, the former owner, incurred charge payer, or
holder of legal or equitable title or lien upon or to any tract of land
included in the foreclosure and judgment may withdraw the tract of land from
the foreclosure and sale by paying the amount of the lien foreclosed, together
with the amount of state and county taxes that the irrigation district may have
paid, and a proportionate amount of the costs incurred in the foreclosure
proceeding. If the payment is to be made prior to the judgment, the payment
shall be tendered to the clerk of the court, together with written appearance
in the suit. If the payment is to be made after the judgment is entered, the
payment shall be tendered to the sheriff ordered to hold the sale. If payment
is made before judgment, the tract shall be dismissed from the foreclosure
proceeding. If payment is made after judgment, the district shall issue
satisfaction of lien to the former owner, incurred charge payer, or holder of
legal or equitable title or lien upon the tract, and file the satisfaction of
lien for record. [Amended by 1991 c.459 §423k; 1995 c.42 §120; 2001 c.476 §7;
2003 c.576 §499]
     545.506
Payment of taxes by district; amount paid added to lien. At any time after any incurred charge on a
tract of land under ORS 545.482 to 545.508 becomes delinquent, the irrigation
district may pay any state and county taxes that are due or delinquent on the
tract of land and add the amount paid to the lien of the district against the
tract. [Amended by 1991 c.459 §423L; 1995 c.42 §121; 2001 c.476 §8]
     545.507
Borrowing for payment of operation and maintenance costs. When authorized by a resolution of its board
of directors, an irrigation district whose board of directors has provided for
the collection of incurred charges of the district in the manner provided in
ORS 545.482 to 545.508 may:
     (1) Borrow moneys for payment of its
operation and maintenance costs and expenses in an amount not to exceed 50
percent of the operation and maintenance charge per acre for each acre within
the district or the amount of its uncollected charges for operation and
maintenance, whichever is greater; and
     (2) Issue and deliver as evidence of the
indebtedness the promissory notes of the district bearing interest. The
promissory notes shall be payable at such time as its board of directors shall
determine and may contain provisions for payment of the attorney fees of the
holder of the notes if suit or action is commenced for the collection of the
notes. The district may agree that all or any part of the uncollected incurred
charges shall be applied in payment of the promissory notes when collected. [1955
c.362 §2; 1989 c.182 §30; 1991 c.459 §423m; 1995 c.42 §122; 2001 c.476 §9]
     545.508
Moneys collected; deposit; separation of funds; disbursements. (1) Any irrigation district collecting
incurred charges as provided in ORS 545.482 to 545.508 shall deposit all moneys
collected in an insured institution, as defined in ORS 706.008, selected by the
board of directors. The amounts collected for operation and maintenance,
construction, bond principal, interest or other purposes shall be kept in
separate funds and accounted for separately.
     (2) Moneys in the funds shall be paid out
only upon order of the board by:
     (a) Checks or drafts signed by at least
two individuals authorized by the board to sign checks or drafts; or
     (b) Electronic funds transfers authorized
by the board and initiated by at least two individuals authorized by the board.
     (3) As used in this section, “electronic
funds transfer” has the meaning given that term in ORS 293.525. [Amended by
1967 c.451 §24; 1991 c.459 §423n; 1995 c.42 §123; 2001 c.476 §10; 2005 c.492 §1]
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
     (a) Whether bonds in any amount the board
may consider necessary shall be issued for any purpose necessary or convenient
in carrying out the Irrigation District Law, including the refunding of
outstanding bonds; or
     (b) Except when an election is not
required under ORS 545.513, whether the right to enter into an obligation or
contract with the
     (2) Notice of the election must be given
by posting notices in three public places in each election precinct in the
district for at least 15 days prior to the election. Notice must also be given
by publication of the notice in some newspaper published in the county in which
the office of the board of directors is located. The notice shall be published
in the newspaper once a week for at least four successive weeks prior to the
election. For an election called to determine whether bonds will be issued, the
notices must specify the time of holding the election and the amount of bonds
to be issued. For an election called to determine whether a district will enter
into an obligation or contract with the United States or the State of Oregon,
the notices must specify the time of holding the election and, when bonds are
not to be deposited, the maximum amount of money, exclusive of penalties and
interest, payable to the United States or the State of Oregon for construction
purposes or in the assumption of liability for district lands for construction
purposes.
     (3) The election shall be held and the
result determined and declared in conformity as nearly as practicable with ORS
545.135 to 545.163. Informalities in conducting the election shall not
invalidate the election, if the election has been otherwise fairly conducted.
The ballot shall contain the words “Bonds–Yes” and “Bonds–No,” or “Contract
with the United States or the State of Oregon, as appropriate,–Yes” and “Contract
with the United States or the State of Oregon, as appropriate,–No,” or other
equivalent words. If a majority of the votes cast are “Bonds–Yes,” the board
shall cause bonds in that amount to be issued, or such portion of the bonds as
may be necessary from time to time. If a majority of the votes cast are “Contract
with the
     545.513
Resubmission of questions to electors; contracts not requiring vote. (1) When, after an election called under ORS
545.511, the board considers it to be for the best interests of the district
that the question of the issuance of bonds, or the question of a contract in
any amount with the United States or the State of Oregon shall be submitted to
the electors, the board shall so declare in its minutes, and may then submit
the questions to the electors in the same manner and with the same effect as at
the previous election. However, an irrigation district may, without a vote of
its electorate, enter into a contract with the
     (2) A district may, without a vote of the
district electorate, enter into a contract with the
     (3) If an emergency requires immediate
repairs to the district delivery system to permit normal operation, the
district may borrow moneys necessary for the repairs without a vote by the
district electorate. [Formerly 545.194]
     545.515
Bonds; interest included in authorized amount. When authorized by the electors, the bonds
of a district may be issued so as to include a sum sufficient to pay the first
four yearsÂ’ interest, or less, to accrue on the bonds. [Formerly 545.196]
     545.517
Bonds securing payments to
     545.519
Issuance of bonds; cancellation of bonds. (1) Bonds shall be issued in accordance with ORS chapter 287A.
     (2) Nothing in this section shall inhibit
the district from providing for the irrigation or drainage in units or portions
of units from time to time.
     (3) The board by resolution entered on its
records may cancel any bonds of the district that have not been sold or deposited
as security for funds advanced or to be advanced, and that this state, the
     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. (1) When an irrigation district organized
prior to 1925 has an outstanding bonded debt in excess of $50,000, if no actual
construction of irrigation works has commenced, the irrigation district shall
not create a further bonded debt, except from the issuance of refunding bonds,
until the bonds outstanding and bonds issued to refund the outstanding bonds
have been called and redeemed, or further refunded as a part of new proceedings
taken to finance the construction of irrigation works.
     (2) The district may issue refunding bonds
to redeem or replace any of its outstanding bonds. The bonds may bear interest
at a rate not exceeding six percent each year. The district shall sell the
refunding bonds for not less than par value, after notice published for at
least two weeks in a newspaper printed and published within the county in which
the district is located. The proceeds of the sale shall be applied in payment
of matured or maturing bonds. If the district receives no qualifying bids for
the refunding bonds they may be exchanged on a par-for-par basis for the
matured or maturing bonds. The refunding bonds shall have serial maturity
dates, not exceeding 20 years from issue date, as the board of directors shall
specify. However, the board may issue the bonds with optional dates of
redemption, and may provide for their calling and retirement upon such interest
payment dates as are indicated on the bonds. Notice of intention to redeem the
bonds shall consist of a notice from the secretary of the district published
within the county in which the district is located, or a direct notice from the
secretary to the owner of the bonds, if known. The issuance of the refunding
bonds shall not require an election of the voters of the district but shall be
done by resolution of the board of directors. [Formerly 545.218]
     545.522 [Amended by 1969 c.694 §31; 1991 c.459 §423o;
1995 c.42 §100; renumbered 545.428 in 1995]
     545.524 [Amended by 1969 c.694 §32; 1995 c.42 §101;
renumbered 545.430 in 1995]
     545.526 [Repealed by 1969 c.345 §20]
(Bonds and
Contracts as General Obligations)
     545.529
Bonds and payments payable from assessments; liability of lands. The bonds and the interest thereon and all
payments due to the United States or the State of Oregon under any contract
between the district and the United States or the State of Oregon, for which
bonds of the district have not been deposited with the United States or the
State of Oregon, and all obligations for the payment of money authorized and
incurred under the Irrigation District Law, shall be general obligations of the
district and shall be paid by the revenue derived from the annual assessments
upon the land in the district. All the lands in the district shall be and
remain liable to be assessed for such payments as provided in the Irrigation
District Law. [Formerly 545.204]
     545.530 [1969 c.694 §33; see 545.526; repealed by
1971 c.36 §11]
     545.532
Increase of assessments to meet defaults; property liable for indebtedness;
possession of works upon default. When the amount assessed against any tract of land is not paid, the
next assessment against the land in the district shall be increased so as to
take care of the default. All the property of the district, including
irrigation and other works, shall be liable for the indebtedness of the
district. The holder of bonds, or the United States or the State of Oregon when
a contract has been executed by the United States or the State of Oregon, may,
if a default occurs in the payment of interest or principal on the bonds, or
the amount due on the contract, upon the order of the circuit court, take
possession of the irrigation and other works of the district and operate those
works until the amount in default is fully paid. [Formerly 545.206]
(Payment of
Assessments for Bonds and Contract Obligations)
     545.535
Lien against assessed lands; priority. Any assessment upon land shall be a lien against the property
assessed. The lien for all payments due under any contract with the United
States or the State of Oregon or for the payment of principal or interest of
bonds deposited with the United States or the State of Oregon shall be a
preferred lien to any assessments for bonds issued subsequent to the date of
the contract or the issuance of the bonds deposited with the United States or
the State of Oregon. A district assessment lien shall not be removed until the
assessments are paid with interest and penalties or the property sold for the
payment of the assessments, together with interest and penalties. [Formerly
545.208]
     545.537
     545.539
Bond sinking funds; other funds. (1) The district treasurer or the county treasurer of the principal
county, as defined in ORS 198.705, if designated in the bonds, shall keep a “Bond
Fund,” a “United States or the State of Oregon (as appropriate) Contract Fund”
or a “Bond and United States or the State of Oregon (as appropriate) Contract
Fund.” All money arising from the sale of refunding bonds and from assessments
and levies shall be deposited in the appropriate fund until there is sufficient
money in the fund to meet the next installment of principal and interest upon
bonds of the district and to meet all payments due to the United States or the
State of Oregon for construction and other purposes. From the appropriate fund
the district treasurer or the county treasurer shall pay money due as principal
and interest on bonds as they mature and the bonds and coupons are presented
and shall make payments to the United States or the State of Oregon when due.
     (2) Money received from the sale of bonds
and otherwise for construction or acquisition of works by the district shall be
deposited into a “Construction Fund.”
     (3) All other money received by the
district shall be deposited into a fund known as the “General Fund,” from which
shall be defrayed all obligations of the district other than those described in
this section.
     (4) Each fund listed in subsection (1) of
this section shall be used for payment of the obligations of the district that
are payable from that fund in the order of the priority of the creation of the
obligations. [Formerly 545.212]
     545.541
Retirement of bonds prior to maturity. (1) If, after 10 years from the issuance of bonds, the appropriate
fund amounts to $10,000, the board of directors may direct the district
treasurer or county treasurer of the principal county, as defined in ORS
198.705, if designated in the bonds, to pay that amount of the bonds not due as
the money in the fund will redeem at the lowest value at which they may be
offered for liquidation, or the board may call bonds at a premium of three
percent, as provided in subsection (2) of this section.
     (2) The board may call for payment and
retire before maturity any bonds issued in accordance with ORS 545.511,
545.513, 545.515, 545.517 and 545.519, by paying principal and accrued interest
and a premium of three percent upon the principal. Notice of intention to do so
shall be given by publication in a newspaper published and regularly circulated
in the county in which the district lands are situated. The notice shall be
printed at least once a week for four successive weeks, beginning not less than
90 days prior to an interest-paying period. The notice shall state the number
and amount of the bonds to be retired, the price to be paid, the date of
payment and the place where payment is to be made. Bonds shall be retired in
numerical order in the manner specified in the bonds. Newspaper publication of
notice of redemption is not required for bonds that are in registered form.
Bonds shall not be retired under this section except on a day when interest is
payable by the terms of the bonds and on and after the date named in the
notice. Interest on bonds described in the notice shall cease after the date
named in the notice.
     (3) Notwithstanding anything contained in
this section, the board may issue bonds in the manner prescribed in ORS chapter
287A. [Formerly 545.214; 1997 c.171 §20; 2007 c.783 §218]
     545.542 [Amended by 1995 c.42 §108; renumbered
545.473 in 1995]
     545.544 [Amended by 1995 c.42 §109; renumbered
545.475 in 1995]
     545.545
Determination of liability of individual tracts for bonded indebtedness;
acceptance of bonds and cash in payment. (1) Upon application by any owner of a tract of land within the
district, the board of directors of any irrigation district may determine the
proportionate part of the liability of the tract for assessment in payment of
the outstanding bonded indebtedness. In determining the amount of liability,
the board shall take the total amount of bonds outstanding and divide this sum
by the total irrigable acres and multiply the quotient by the total irrigable
acres in the tract. In any district in which the cost has been divided into
units, the board shall determine the proportionate amount of liability in the
same manner, using the total amount of bonded indebtedness apportioned to the
unit and the irrigable area in the unit. After determining the total
apportioned part of the liability of any tract for the payment of bonded
indebtedness, the board of directors may accept the bonds of the district in
payment of the total amount of the liability of the tract of land within the
district. However, in addition to the bonds, a cash payment of not less than
five percent of the total amount of liability on the tract shall be tendered
and paid to the district at the time of delivery of the bonds.
     (2) Except in case of default of the
district, the board of directors may enter into an agreement with the owner of
the tract of land who makes the payment, relieving the tract of all existing
assessments and liens, except warranted indebtedness, state interest, and
operation and maintenance. The transaction shall be recorded in the minutes of
the board of directors of the district.
     (3) Any additional cash payment collected
by the board under subsection (1) of this section shall be deposited with the
treasurer of the district and placed in a separate fund, which shall be used
only for the retirement of bonds. [Formerly 545.216]
     545.546 [Amended by 1995 c.42 §110; renumbered
545.477 in 1995]
     545.548 [Amended by 1995 c.42 §111; renumbered
545.479 in 1995]
(Issuance of
Bonds by Certain Districts)
     545.551
Application of ORS 545.553 and 545.555. ORS 545.553 and 545.555 apply to an election to authorize the issuance
of bonds by a district formed pursuant to a petition filed under ORS 545.025
(7). [Formerly 545.228]
     545.553
Petition for election on authorization and issuance of bonds. When a petition requesting an election is
filed with the board of directors, if the petition is signed by all of the owners
of all lands within the district, an election shall be held to determine
whether bonds of an irrigation district shall be authorized and issued as
provided by this section and ORS 545.551, 545.555, 545.557 and 545.559. The
petition shall state the amount of bonds to be authorized, the purposes for
which the bonds are to be issued and the maximum time in which they may mature.
Upon the filing of a petition under this section, the board shall proceed to
call an election which shall be held within 20 days after the filing of the
petition. [Formerly 545.230]
     545.555
Holding election; notice.
The election called pursuant to a petition filed under ORS 545.553 shall be
held and the results determined and declared as provided by ORS 545.511 and
545.513 (1), except that:
     (1) The maximum time in which the bonds
may mature shall be submitted to the voters;
     (2) The notice of the election need not be
posted but must be published at least once, not more than 10 or less than three
days prior to the election; and
     (3) The form of the proposition on the
ballot shall be set forth in the notice of the election. [Formerly 545.232]
     545.557
Bonds; maturities; reserves; interest; trustees. (1) The Irrigation District Law applies to
bonds authorized under ORS 545.553 and 545.555, except as otherwise provided by
this section.
     (2) The board of directors by resolution
authorizing the issuance of all or part of a bond authorization may provide:
     (a) The manner of the sale, public or
otherwise, the denominations, the premiums if any for redemption prior to
maturity, and whether or not the bonds shall be registerable as to principal or
and principal and interest;
     (b) For the setting aside and maintaining
of reserves to secure the payment of the principal of the bonds and interest on
the bonds, and reserves to maintain, equip, repair, renew, renovate and replace
the improvements, facilities and equipment of the district;
     (c) For the issuance, under proper terms
and conditions, of additional or refunding bonds on a parity with the bonds
being issued;
     (d) For the creation of necessary funds
and accounts; or
     (e) All other terms, conditions, covenants
and protective features safeguarding the payment of the bonds that are found
necessary by the board.
     (3) The bonds may be sold at not less than
90 percent of face value, and may bear interest, evidenced by coupons, at a
rate not to exceed six percent per annum.
     (4) The board may select a trustee for the
owners and holders of the bonds, and also a trustee to safeguard and disburse
the proceeds of the sale of the bonds. The rights, duties, powers and
obligations of the trustee or trustees shall be fixed by the board. [Formerly
545.234]
     545.559
Bonds and coupons to be negotiable instruments. Any bearer bonds and the coupons attached
thereto issued under ORS 545.557 are fully negotiable instruments under the
laws of the State of
     545.562 [Amended by 1955 c.360 §1; 1995 c.42 §178;
renumbered 545.683 in 1995]
     545.563 [1955 c.286 §2; 1995 c.42 §179; renumbered
545.685 in 1995]
     545.564 [Repealed by 1995 c.42 §184]
ALTERNATIVE
METHOD OF ISSUING BONDS
     545.565
Refunding bonds; procedure.
Any irrigation district desiring to refund its outstanding indebtedness or
issue bonds for any purpose may use the procedure provided by ORS 545.565 to
545.621 instead of other procedures provided by law. Before any decision is
made to issue bonds under those sections the board of directors shall enter a
resolution stating the purpose for which the bonds are to be issued and, if the
bonds are to be used for refunding indebtedness, describing the bonds and
indebtedness to be retired by the refunding bonds or from the proceeds of the
sale of the refunding bonds. [Formerly 545.242]
     545.567
Determination of liability for assessment to pay bonds; determination on basis
of irrigable area or benefits accrued. After bonds have been authorized under ORS 545.565 to 545.621 but
before they are offered for sale, the board of directors shall make a
preliminary determination of the area and description of irrigable land in each
legal subdivision or other described tract if held in separate ownership within
the district. The board shall also make a preliminary determination of the
proportionate share or liability of each tract for assessment in payment of the
total amount of the bonds issued. The determinations shall be for the purpose
of fixing the irrigable area or, if the assessment is based on benefits, the
total benefits accruing from the existing or proposed improvement to each
ownership and tract, and of fixing the assessment in proportion to the benefits
or irrigable area. The determination of benefits or irrigable area shall
include a description of the land, name of the ownership, number or irrigable
acres of each tract, proposed assessment against each tract, and such other
data as may be necessary to identify the land and ownership. [Formerly 545.244]
     545.569
Amounts paid to owners for property or rights. In fixing the proportionate part of the cost
of 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 shall be shown in a separate column and deducted from
the amount that the owner would otherwise be required to pay. Assessments for
the payment of the cost of reclamation and interest thereon shall be made
accordingly. [Formerly 545.246]
     545.571
Notice of determination; publication; contents. The board of directors shall give notice by
publication of the preliminary determination provided for in ORS 545.567, once
a week for four successive weeks in a newspaper published in each county in
which the district lands are situated. The board shall also post a notice in
three public places in the district at least 30 days prior to the date of
hearing. The notice shall state:
     (1) The time and place for hearing
objections or remonstrances and entertaining suggestions as to the proposed
assessment;
     (2) The proposed determination of the
benefits accruing from the existing or proposed improvement;
     (3) The place where the record of the
determination may be inspected; and
     (4) That upon conclusion of the hearing
the board will by resolution determine the proper assessment to be charged
against each legal subdivision or other described tract if held in separate
ownership and the total benefit accruing from the existing or proposed
improvement to each legal subdivision or other described tract, but will
exclude from the determination of benefits any benefits to accrue from the future
operation and maintenance of the improvement. [Formerly 545.248]
     545.573
Equalization of assessments; hearings. The board of directors shall sit as a board of equalization at the
time and place stated in the notice, and shall continue in session from day to
day as long as may be necessary to hear and determine any objections,
remonstrances or suggestions by any interested persons to the proposed
assessment and apportionment or to the proposed determination of the total
benefits accruing to a legal subdivision or other described tract. The board
shall change its assessments and apportionment or determination of the total
benefits accruing as the board considers necessary and proper so as to make the
assessments, apportionment and determination of benefits legal, just and in
accordance with the facts. The secretary of the board shall be present during
these sessions and shall note all changes made in the assessments or
determination of total benefits. [Formerly 545.250]
     545.575
Order determining benefits; order of assessment; “benefit surplus” defined. (1) Upon completion of the hearing, the
board of directors shall enter an order approving and adopting the
determination of benefits resulting from the existing or proposed improvement,
but excluding any benefits to accrue from the future operation and maintenance
of the improvement. The order shall also fix the proposed assessments, the
amount of assessments against each legal subdivision or other tract of land,
and the total amount of benefits accruing to each legal subdivision or other
tract held in separate ownership from the existing or proposed improvement.
     (2) The order issued under subsection (1)
of this section shall describe:
     (a) The lands assessed;
     (b) The name of the record owner of the
lands assessed;
     (c) The total amount of assessment, which
shall be the proper pro rata share of the lands based upon the total proposed
assessment;
     (d) The installments in which the
assessment may be paid;
     (e) The rate of interest the assessment
shall bear;
     (f) The amount of the total benefit which
will accrue to each legal subdivision or other described tract if held in
separate ownership;
     (g) The amount of benefit surplus; and
     (h) Any other matters that are pertinent,
necessary or considered expedient by the board of directors.
     (3) As used in subsection (2) of this
section, “benefit surplus” means the excess of the benefits accruing to each
legal subdivision or other described tract, over and above the assessment
against each.
     (4) An error in the name of the owner of
record described in an order entered under subsection (1) of this section shall
not affect the validity of an assessment. [Formerly 545.252]
     545.577
Notice of proceedings; appeal to circuit court; notice and summons. (1) All persons interested in any lands
within the district shall be charged with notice of all proceedings at the
hearing and proceedings subsequent to the hearing. Any person or landowner
aggrieved by the action of the board of directors may within 30 days from the
entry of the resolution appeal to the circuit court of the county in which the
lands of the district are situated. If the district is situated in two or more
counties and an appeal is taken to the circuit court of each county, then all
appeals shall be consolidated in one action. If the counties are situated in
more than one judicial district, the presiding judge of the Court of Appeals
shall determine the judicial district in which the appeal shall be tried. The
appeals shall be taken by giving a notice in writing and leaving a true copy of
the notice with the secretary of the irrigation district.
     (2) Upon the expiration of the time for
service and filing of notices of appeal to the circuit court, if no appeal is
taken from the resolution of the board, the resolution becomes final. If an
appeal is taken, the circuit judge of the county in which the appeal is to be
heard shall make an order directing the trial court administrator to have
published once a week for four consecutive weeks in each county in which the lands
in the district are situated, a notice and summons reading substantially as
follows:
______________________________________________________________________________
     In the Circuit Court of _____      )
          County,
State of
     In the matter of Bonds and         ) Notice
          Assessments
of______Â Â Â Â Â Â Â Â Â Â )
          Irrigation
District.                 )
     All persons owning or claiming to own any
lands within the above named irrigation district are notified that appeal has
been made to the above entitled court from the resolution made and entered by
the board of directors of the irrigation district on the ___ day of ______, 2___,
in which an assessment was made against certain lands in the district and
described in the resolution together with a determination of the benefits
accruing to the lands, and that bonds may be issued in the sum of ___ by the
district. All persons owning lands within the district affected by the
assessment or bonds are required to appear before this court on or before the ___
day of ______, 2___, and show cause, if any, why the assessment or
determination of benefits should not be approved and the bonds not issued.
____________
Trial Court Administrator
for
______________________________________________________________________________
     (3) The date required for appearance in
the cause shall be a date to be fixed by the court, adjudged reasonable, and
not less than 30 days from the date of the first publication of the notice. The
proceeding shall be a proceeding in rem. All persons owning or claiming any
interest in lands in the irrigation district shall appear and show cause why
the assessment or determination of benefits should not be ratified and
approved, and shall be bound by all subsequent judgments and orders made in the
cause, without further notice. [Formerly 545.254; 1997 c.801 §130; 2003 c.576 §500]
     545.579
Pleadings; trial; appeal; finality of assessment order. (1) The appellant and all persons appearing
shall make a statement in writing of the grounds of appeal, and no further
pleadings shall be necessary. The cause shall be tried in one action by the
circuit court as an action not triable by right to a jury.
     (2) Upon the entry of a judgment, any
person aggrieved by the judgment may appeal to the Court of Appeals in the
manner provided for other cases in equity. Notice of appeal shall be served on
those appearing in the circuit court or their attorneys. The cause shall be
tried de novo by the Court of Appeals as expeditiously as possible after the
appeal is perfected. Upon the effective date of decision of the Court of
Appeals, the circuit court shall enter such judgment as is directed by the
Court of Appeals.
     (3) If the resolution of the board of
directors is affirmed it shall be considered an assessment against all the
lands described in the resolution for the amount of the assessment and payable
at the times specified in the resolution, as well as a final determination of
the total benefits accruing from the existing or proposed improvements to the
parcels of land described in the resolution. If the resolution is modified in
any respect, the court shall specify the proper resolution to be entered, which
shall be entered accordingly. If no appeal is taken from the resolution, it
shall become final. [Formerly 545.256; 2003 c.576 §256]
     545.581
Assessment installments.
When amortizing bonds are issued as authorized by ORS 545.585, the installments
in which the assessments are to be paid shall be in fixed amounts including
both principal and interest, and only the principal portions of the
installments shall be charged against total benefits in determining benefit
surplus, as defined in ORS 545.575. [Formerly 545.258]
     545.582 [Amended by 1995 c.42 §10; 1995 c.78 §2;
renumbered 545.051 in 1995]
     545.584 [Amended by 1995 c.42 §11; renumbered
545.057 in 1995]
     545.585
Bonds; issuance; purposes; form; amortization; maturities; negotiability;
numbering; interest; denomination; registration; amount maturing annually;
retirement. (1) When the
assessments have become final, the board of directors may authorize the
issuance of bonds for the construction or acquisition of irrigation works or to
refund the indebtedness of the district, including warrant indebtedness, bond
indebtedness and interest certificates of indebtedness issued to the state. The
bonds may be issued either in serial form or in a form providing for the annual
payment of interest and principal in a single amount represented by coupons.
However, the amortization of both interest and principal on the refunding bonds
must be accomplished within the 50-year period immediately following the date
of issue. All refunding bonds issued under ORS 545.565 to 545.621 shall be
negotiable in form. If in serial form the bonds issued shall be numbered
consecutively, commencing with number 1. The bonds shall mature serially in
annual amounts so as to be approximately equal, principal and interest, in not
less than five years nor more than 50 years after date of issue, as the board
of directors determines. If the board of directors considers it advisable to
submit the question of maturities at the bond election, then the bond shall
mature as the electors determine.
     (2) The bonds shall bear interest at a
rate determined by the board of directors, payable semiannually on the first
day of January and July of each year. The principal and interest shall be
payable at the places designated in the bonds and coupons which may be the
office of the county treasurer of the principal county, as defined in ORS
198.705. Except as otherwise provided by ORS 545.565 to 545.621, each of the
bonds shall be in a denomination of not less than $100 or more than $1,000;
shall be signed by the president and secretary; shall have the seal of the
board of directors affixed to the bond; and shall bear on the back the
registration certificate of the county treasurer, who shall sign as county
treasurer and as ex officio treasurer of the district. Coupons for interest
shall be attached to each bond and shall be signed with the engraved facsimile
signature of the secretary.
     (3) The county treasurer and the secretary
of the district shall register the bonds in books kept in their offices for
that purpose, and shall note in the books the number, date of issuance and
sale, amount of bond, time of payment, rate of interest, number of coupons
attached, and any other description proper for future identification of each
bond. This section shall not be construed to require that any bond of the
district must bear a registration certificate by the secretary.
     (4) The total sum of bonds maturing in any
one year, together with the interest due, shall not exceed the total of the
maximum annual assessment for the retirement of the bonds and the payment of
interest. Upon payment of the principal, the board of directors may call for
payment and retire before maturity any bond issued in accordance with ORS
545.565 to 545.621. [Formerly 545.260]
     545.586 [Amended by 1995 c.42 §12; renumbered
545.059 in 1995]
     545.588 [Amended by 1995 c.42 §13; renumbered
545.061 in 1995]
     545.589
Recording of assessments; bond lien docket; payment by bonds or coupons;
interest on unpaid assessments; lien on land; priority. (1) Upon delivery of the bonds, the
secretary of the irrigation district shall furnish to the county clerk of each
county in which lands of the district are situated, a duly certified copy of
the resolution of assessment. The resolution shall be promptly recorded in the
records of deeds of the county. The county clerk shall provide a book, which
shall be considered a bond lien docket of the irrigation district for the lands
situated in that county, for the purpose of recording in the book the matters
contained in the resolution, by setting forth, in separate columns, the
description of the lands assessed, the total amount of the assessment, the
yearly installments, when the installments become due, the rate of interest the
installments shall bear, the amount of the total benefit which shall accrue to
each legal subdivision or other described tract if held in separate ownership,
and the amount of the benefit surplus, as defined in ORS 545.575, accruing to
each legal subdivision or other described tract.
     (2) The bond lien docket shall thereafter
be a docket of liens and shall constitute the total assessment against the
lands by reason of the bonds. The sum shall not be increased or added to by
subsequent assessments because of any delinquency of the owner of any other
tract or parcel of land in the payment of the assessment of the owner, except
as provided in ORS 545.599. The bond lien docket shall also thereafter be conclusive
evidence of the total benefits accruing to each legal subdivision or other
described tract held in separate ownership, by reason of the improvement.
     (3) The tax collector shall receive any
past-due bond of the irrigation district or any past-due interest coupon from
any bond of the district in payment of any assessment made for the purpose of
paying any installment that is due or past due and that appears on the bond
lien docket. All unpaid assessments entered in the bond lien docket except installments
designed for the payment of amortizing bonds shall bear interest at the rate of
six percent per annum until the assessments and interest are paid. All unpaid
assessments and interest shall remain a lien on each tract or parcel of land in
favor of the irrigation district, and shall have priority over all other liens
and encumbrances, except the liens of state, county and municipal taxes. [Formerly
545.262]
     545.590 [Amended by 1959 c.276 §5; 1995 c.42 §14;
renumbered 545.067 in 1995]
     545.592 [Amended by 1995 c.42 §15; renumbered
545.071 in 1995]
     545.593 [1959 c.276 §4; 1991 c.459 §423p; 1995 c.42 §16;
renumbered 545.075 in 1995]
     545.594 [Amended by 1995 c.42 §17; renumbered
545.079 in 1995]
     545.595
Payment of assessment; relief from further assessment. At any time after issuance of the bonds, a
landowner may relieve the land of the landowner from payment of the principal
and interest assessed against the landowner by securing from the county clerk,
on a form to be provided by the county clerk for that purpose, a certificate
showing the lands assessed and the amount due. The certificate shall be signed
and certified by the clerk under the seal of office. Upon its presentation to
the county treasurer and payment to the county treasurer of the amount due,
either in cash or matured or unmatured bonds of the district, the treasurer
shall, on the certificate, mark the amount as paid. Upon presentation by the
owner of the certificate so receipted to the county clerk, the clerk shall
insert in a column of the bond lien docket provided for that purpose, a
notation showing the payment and satisfaction of the assessment in full with
interest. Upon such payment of the assessment on any tract or parcel of land,
the tract or parcel shall thereafter forever be relieved from assessment for
the payment of irrigation bonds issued prior to the date of the payment, except
for an assessment that may be levied by the board of directors of the
irrigation district for an emergency fund, not exceeding the amount specified in
ORS 545.599. [Formerly 545.264]
     545.596 [Amended by 1995 c.42 §18; renumbered
545.085 in 1995]
     545.598 [Amended by 1995 c.42 §19; renumbered
545.089 in 1995]
     545.599
Five-year additional assessment; emergency assessments; emergency fund. (1) In addition to the assessments provided
for in ORS 545.565 to 545.589, the board of directors, during the first five
years after the determination of assessments, shall levy against each legal
subdivision or other tract if held in separate ownership within the district,
as set forth in the bond lien docket, an annual assessment in an amount equal
to 25 percent of the regular yearly installment of the assessment for principal
and interest.
     (2) Following the five-year period
described in subsection (1) of this section, if there is any default in the
payment of any assessment levied by the district, the board shall levy against
each legal subdivision or other described tract of land held in separate
ownership within the district, an assessment in an amount not to exceed 25
percent of the regular yearly installment of the assessment for principal and
interest for that year, as shown in the bond lien docket. The latter assessment
shall be known as the “Emergency Assessment,” and shall be levied and collected
at the time provided in ORS 545.381 to 545.397 and 545.413 to 545.422. All
moneys received from the emergency assessment shall be placed by the county
treasurer in a special fund to be known as the “Emergency Fund.”
     (3) The emergency fund shall be a
revolving fund and shall be used only for temporarily supplementing the bond
fund in case of deficiencies due to accident, delinquency or other contingency.
The emergency fund shall be disbursed by the treasurer upon order of the board
of directors.
     (4) The emergency assessment shall be
levied against each legal subdivision or other described tract of land held in
separate ownership within the district as shown on the bond lien docket, even
though the subdivision or tract is relieved from assessment for the payment of
irrigation bonds in accordance with ORS 545.595. The amount of the emergency
assessment for any year levied against a legal subdivision or other tract of
land shall not exceed 25 percent of the amount of the assessment for that year
levied against that legal subdivision or other tract of land for bond interest
and principal, or which would have been levied against that legal subdivision
or tract of land for those purposes if the land were not relieved from
assessments under ORS 545.595. The aggregate net amount of assessments levied
against a legal subdivision or other tract exceed the benefit surplus of the
legal subdivision or other tract as shown by the bond lien docket. The net
amount of every assessment shall be determined by discounting the amount levied
at the rate of six percent per annum for the time that has elapsed between the
date of the final resolution determining total benefits and the date of the
levy of the assessment.
     (5) The net amount of all assessments
levied against a legal subdivision or other tract under this section shall be
duly entered in an appropriate column in the bond lien docket, and each net
amount when paid shall be deducted from the amount of the benefit surplus or
balance thereof of the legal subdivision or other tract affected. [Formerly
545.266; 1997 c.170 §52]
     545.600 [Amended by 1959 c.276 §6; repealed by 1975
c.326 §5]
     545.602 [Amended by 1993 c.392 §2; 1995 c.42 §20;
renumbered 545.097 in 1995]
     545.603
Entry on assessment roll; lien on land; collection; disposal of moneys
collected; liability of land sold for taxes; exception. Not later than December 1 of each year, the
county clerk shall furnish to the county assessor a copy of all assessments
shown on the bond lien docket that were levied against property within the
irrigation district in the county of the county clerk and that shall become due
and payable during the coming calendar year. The assessor shall enter the
assessments on the assessment roll in the same manner as other assessments of
the district are entered. The assessments so entered shall continue as a lien
against the tracts and parcels of land described in the assessment roll and
shall be collected in the same manner and at the same time that other taxes are
collected. If unpaid, the procedure for the collection of the assessments shall
be the same as that provided by law for the collection of irrigation taxes and
assessments. Except as otherwise provided by law, all moneys paid to the county
treasurer on any assessments levied under ORS 545.565 to 545.621, and all
moneys collected by the tax collector in any county on such assessments, shall
be paid to the county treasurer and kept by the county treasurer in a special
bond fund for the payment of the principal and interest on bonds as the bonds
become due. The purchaser of any tracts or parcels of land at a sale for any
delinquent state, county or municipal taxes, or irrigation assessments, shall
take the tracts or parcels free and clear of any assessment that has been
entered upon the assessment roll under this section and that has been included
in the amount for which the tract was sold. However, the lien of the portion of
the assessment created by ORS 545.589 that has not been so entered and included
shall not in any manner be affected by the sale, and every purchaser shall take
the lands subject to that lien. [Formerly 545.268]
     545.604 [Amended by 1993 c.392 §3; 1995 c.42 §21;
1995 c.78 §3; renumbered 545.099 in 1995]
     545.606 [Repealed by 1993 c.392 §6]
     545.607
Retirement of bonds before maturity. (1) Notwithstanding ORS 545.565 to 545.621, the board of directors of
an irrigation district may call for payment and retire before maturity any
bonds issued in accordance with ORS 545.565 to 545.621. If sufficient funds are
available for the purpose in the special bond fund, the board may direct the
treasurer to pay that amount of bonds not due as the money in the fund will
redeem at the lowest value at which they may be offered for liquidation, or the
board may call bonds for par. The par value of all amortization bonds shall be
considered to be the present worth of the unpaid installments on the bonds,
discounted to the date they are called at the rate of seven percent per annum.
Payment may be made at the office of the county treasurer of the principal
county, as defined in ORS 198.705.
     (2) Notice of intention to call in any
bonds shall be given by the board of directors by publication in a newspaper
published and regularly circulated in the county in which the district lands
are situated, at least once each week for four successive weeks beginning not
less than 90 days prior to any interest payment period. The notice shall state
the number and amount of bonds to be retired, the price to be paid, the date
when payment is to be made and the place where the bonds are to be paid.
     (3) The bonds so called shall be retired
in numerical order and not otherwise. A bond shall not be retired under this
section except on a day when interest is payable under the terms of the bond
and on and after the date given in the published notice. The interest on bonds
described in the notice shall cease after the date named in the published
notice, and the notice is published as provided by subsection (2) of this
section. [Formerly 545.270]
     545.608 [Repealed by 1993 c.392 §6]
     545.610 [Amended by 1975 c.72 §1; 1991 c.459 §423q;
repealed by 1993 c.392 §6]
     545.611 [1975 c.293 §2; 1993 c.392 §4; 1995 c.42 §22;
renumbered 545.101 in 1995]
     545.612 [Amended by 1995 c.42 §23; renumbered
545.105 in 1995]
     545.613 [1965 c.576 §2; 1975 c.72 §2; 1985 c.581 §1;
repealed by 1991 c.459 §423s]
     545.614 [Amended by 1995 c.42 §24; renumbered
545.109 in 1995]
     545.615 [1965 c.576 §3; 1991 c.459 §423r; 1995 c.42 §25;
renumbered 545.113 in 1995]
     545.616 [Amended by 1993 c.392 §5; 1995 c.42 §26;
renumbered 545.117 in 1995]
     545.617
     545.618 [Amended by 1995 c.42 §27; renumbered
545.123 in 1995]
     545.620 [Amended by 1975 c.72 §3; 1995 c.42 §28;
renumbered 545.126 in 1995]
     545.621
Exchange of refunding bonds for outstanding indebtedness; exchange of interest
certificates for bonds. When
proceeding under ORS 545.565 to 545.621, the board of directors of any
irrigation district that desires to issue refunding bonds in a satisfaction or
discharge of any outstanding indebtedness or to replace outstanding
indebtedness, may, instead of retiring the outstanding indebtedness from the
proceeds of the sale of the bonds, exchange the refunding bonds for the
outstanding indebtedness and in full compromise, satisfaction and discharge of
the outstanding indebtedness. The board of directors shall issue the bonds in
such denominations and to the several holders of the outstanding indebtedness
as may be found necessary and expedient in the retirement of the outstanding
indebtedness. The State Treasurer, on behalf of the state, may negotiate and
arrange terms for exchange of interest certificates of indebtedness issued to
the state by the district for district refunding bonds on the same terms as
those bonds are accepted by other creditors. [Formerly 545.274]
     545.622 [Amended by 1995 c.42 §29; renumbered
545.131 in 1995]
     545.624 [Amended by 1985 c.581 §2; 1995 c.42 §39;
renumbered 545.167 in 1995]
     545.625 [Formerly 545.276; repealed by 1999 c.452 §30]
     545.626 [Amended by 1995 c.42 §40; renumbered
545.169 in 1995]
     545.628 [Amended by 1995 c.42 §41; renumbered
545.171 in 1995]
     545.629
Declaration of intent to dispose of bonds; resolution; notice of sale;
publication. Before selling
or otherwise disposing of any bonds as provided for in ORS 545.565 to 545.621,
the board of directors by resolution shall declare at a meeting its intention
of selling or otherwise disposing of the bonds. The board of directors shall
cause the resolution to be entered on the minutes of the meeting. The board
shall also cause notice of the sale or other disposition to be given by
publication at least once a week for four consecutive weeks in three newspapers
published in
     545.631
Consent of creditors to refunding of indebtedness. (1) Before authorizing the issuance of bonds
under ORS 545.565 to 545.621, the board of directors shall require that the
known holders or their representatives of not less than 80 percent of the total
amount of all evidences of indebtedness, whether warrants, bonds or certificates
that are to be retired or refunded, shall submit to the board of directors for
its acceptance an offer:
     (a) To deliver and surrender all evidences
of indebtedness in exchange for bonds or cash, or both, not exceeding the
maximum amount of the total assessment; or
     (b) To accept in full payment of the
outstanding indebtedness a sum of money or refunding bonds, or both,
representing the proportion which the total proposed refunding payment bears to
the total outstanding indebtedness proposed to be refunded, based on the par
value of the proposed refunding payment. The creditors must agree to absorb the
loss between the amount of the total outstanding indebtedness and the amount of
the refunding payment, and to receive the refunding bonds or cash, or both, in
full payment, satisfaction and discharge of the outstanding. The creditors must
further agree to make such proper pro rata distribution of the refunding
payment as is required to retire and discharge the total outstanding
indebtedness proposed to be refunded.
     (2) The offer shall be in writing and when
submitted to the board of directors and accepted by the board, the offer shall
be irrevocable until after the board of directors has had the opportunity to
authorize the issuance, sale and delivery of refunding bonds to replace and
discharge the outstanding indebtedness. Any litigation that is intended to or
will restrain or prevent the board of directors from issuing and delivering the
refunding bonds shall not subject the offer to revocation until after the
litigation is concluded and the board of directors has a reasonable time
thereafter in which to issue, sell and deliver the refunding bonds. The offer
shall be considered accepted by the board of directors upon delivery of the
offer to the board. [Formerly 545.280]
     545.633
Obtaining constructive consent of unknown or dissenting creditors; petition. For the purpose of obtaining the
constructive consent of the unknown holders of the evidences of indebtedness,
and of holders who have not given their consent in writing, the board of
directors shall file in the circuit court of the county in which the office of
the irrigation district is located a petition in rem, verified by the oath of
the president or secretary of the district. The petition shall set forth the
plan adopted by the district for retiring or refunding the evidences of
indebtedness. The petition shall also recite what percentage of the amount of
the evidences of indebtedness is held by the holders of the evidences of
indebtedness who have filed their written consent to the proposed plan. The
percentage shall be not less than 80 percent of the amount of the evidences of
indebtedness. The petition shall further set forth what steps have been taken
to attain the consent of all nonconsenting holders. [Formerly 545.282]
     545.635
Notice of court proceeding to obtain constructive consent; effect of failure to
file objection. (1) Upon
presentation of the petition to the judge of the circuit court, the judge shall
authorize the district to publish, and the district shall cause to be published
a notice describing the substance of the terms of settlement under which the
evidences of indebtedness of the district are to be surrendered, refunded,
satisfied, compromised, exchanged or discharged under the provisions of ORS
545.565 to 545.621. The notice shall be printed for at least four consecutive
weeks in three newspapers published in
     (2) The notice shall contain a general
description of the evidences of indebtedness to be refunded and retired, the
amount of indebtedness to be refunded and retired, and a general description of
the refunding bonds to be issued. The notice shall require all holders of the
evidences of indebtedness to file in the proceeding their written dissent from,
or objection to, the proposed plan of settlement. The notice shall also state
that if such dissent in writing is not filed in the court within 90 days from
the date of the first publication of the notice, the holders failing to file
dissent or objection shall be considered to have consented to the refunding,
compromise or settlement of the indebtedness under the terms and conditions set
forth in the notice.
     (3) After 90 days from the date of the
first publication of the notice, the holders failing to file their objections
and protests with the court shall be considered to have consented to the
refunding, compromise or settlement of the indebtedness under the terms set
forth in the notice. The failure to file shall be considered the equivalent of
the offer in writing signed by known consenting holders. [Formerly 545.284]
     545.637
Hearing on petition; judgment; trustee. (1) After the expiration of 90 days from the date of the first
publication of the notice, the district shall file in the proceeding in the
circuit court its verified return of its acts made under the order of the
court, attaching affidavits of the publication of the notice in three
newspapers. Thereupon the court shall promptly hear the cause and shall enter a
judgment providing that all the owners and holders of the evidences of
indebtedness to be retired or refunded by the plan of the district, who have
not within 90 days after the date of the first publication of the notice filed
in the court their written dissent and objections to the proceedings, have
consented to having their evidences of indebtedness retired or refunded under
the proposed plan.
     (2) In the judgment the court shall direct
the officers of the district to deposit with the county treasurer of the county
in which the district is headquartered, as trustee for the persons entitled
thereto, the pro rata part of the cash or refunding bonds, or both, which,
under the settlement, belongs to the holders of the evidences of indebtedness
whose consent was obtained by the court proceedings. The judgment shall provide
that upon payment to the county treasurer as trustee, the evidences of
indebtedness shall be considered paid and shall no longer be an obligation of
the district. The judgment shall further provide that upon the surrender to the
county treasurer of the bonds, together with the unpaid interest coupons
belonging to the bonds, the county treasurer shall pay on demand to the holders
their pro rata part of the moneys or bonds deposited with the county treasurer
as trustee, shall mark the bonds canceled and shall deliver them to the
irrigation district.
     (3) All holders of evidences of
indebtedness to be retired or refunded shall be considered to have notice of
all steps and proceedings taken under this section, ORS 545.629, 545.631,
545.633 and 545.635. [Formerly 545.286; 2003 c.576 §501]
     545.639
Nature of proceeding; appeal; nonprejudicial errors; costs. The procedure in the circuit court under ORS
545.629 to 545.637 shall be in the nature of an equitable proceeding in rem.
Any holder of evidences of indebtedness affected by any court procedure under
ORS 545.629, 545.631, 545.633, 545.635 and 545.637, or any other interested
party, may appeal to the Court of Appeals at any time within 30 days after the
entry of the judgment of the circuit court. The appeal must be heard and
determined within three months from the time of taking the appeal. The court,
in inquiring into the regularity, legality or correctness of the proceedings,
shall disregard any error, irregularity or omission that does not affect the
substantial rights of the parties and may approve the proceedings in part and disapprove
the remainder. The costs of the proceedings may be allowed and apportioned
between the parties in the discretion of the court. [Formerly 545.288; 2003
c.576 §502]
ALTERNATIVE METHOD
OF LIQUIDATING INDEBTEDNESS
     545.643
Contract providing plan of liquidation; resolution; investigation by and
approval of Water Resources Commission. An irrigation district desiring to become a party to any contract
providing a plan for the liquidation in any manner of all or part of its
outstanding bonded or other indebtedness, whether then due or not due, may
adopt the procedure provided by ORS 545.643 to 545.667. The procedure provided
by ORS 545.643 to 545.667 is in lieu of other procedures provided by law.
Before becoming a party to a contract under ORS 545.643 to 545.667, the board
of directors shall adopt a resolution substantially describing all the terms
and conditions of the proposed contract and requesting the Water Resources
Commission to make an investigation of all matters relating to the district,
with particular reference to the ability of the district or the landowners in
the district to perform the obligations of the proposed contract. Upon receipt
of a copy of the resolution, the Water Resources Commission shall conduct the
investigation, which shall include all physical, economic and financial matters
relating to the district and the irrigable acreage of each legal subdivision or
other described tract of land if held in separate ownership. If, after the
investigation, the Water Resources Commission determines that the contract may
prudently be executed by the district, the Water Resources Commission shall
advise the district of its determination by adopting a resolution of the
commission to that effect. [Formerly 545.312]
     545.645
Terms of contract; parties; execution. (1) Notwithstanding any other statute expressly or impliedly limiting
the powers of the parties named in this section to enter into a contract, a
contract under ORS 545.643 to 545.667 may provide a plan for liquidation of any
indebtedness by the district to which the parties may agree. The contract may
provide for terms of discount of the principal or interest, times and manner of
payment and apportionment of the obligations of the contract over the irrigable
or other lands within the district and the water rights appurtenant to those
lands. All parties named in subsection (2) of this section may become party to,
sign, seal, execute and deliver any contract so agreed upon, according to ORS
545.643 to 545.667.
     (2) The parties to the contract shall
include:
     (a) The county courts of the counties in
which the lands are located.
     (b) The owners or holders of at least 80
percent of the amount of the then outstanding bonds or other evidences of
indebtedness of the district, liquidation of which is the purpose of the
contract. However, the owners or holders jointly may become party to the
contract through the agency of a protective committee selected for that purpose
by the owners or holders. The authority of the protective committee in the premises
shall sufficiently be evidenced by the deposit, at the request of the
protective committee, of at least 80 percent of the amount of the bonds or
other evidences of indebtedness with the county treasurer of the county in
which the office of the district is located. The bonds or other evidences of
indebtedness shall be deposited pursuant to a deposit and agency agreement
between the owners or holders and the protective committee.
     (c) All persons who own any lands in the
district or whose deeds would be required under law in order to convey such
title as then is outstanding in private ownership to any lands included in the
district or whose transfer of any government or state lands would be required
or permitted under law in order to convey such interests then outstanding in
private ownership in the lands. However, the lands described in and covered by
the contract may be all or part of the lands within the district upon which all
of the parties to the contract agree.
     (3) The contract shall be executed by all
parties with such formalities as will entitle it to be recorded. [Formerly
545.314]
     545.647
Recording of contract; effective date; preeminence of contract with respect to
rights and liabilities. Upon
the execution and delivery of the contract, the board of directors shall cause
it to be recorded in the records of mortgages in the counties in which any part
of the lands covered by the contract are located. Upon recordation, the
contract shall become effective in accordance with its terms as of the effective
date agreed upon in the contract. As of the effective date, the rights,
privileges, liabilities and obligations of all parties to the contract, as
described in the contract, shall govern and control all parties in lieu of all
statutory rights, privileges, liabilities and obligations theretofore governing
and controlling the parties in the premises. [Formerly 545.316]
     545.649
New contract in lieu of previous contract. After the execution, delivery and recording of a contract as described
and authorized in ORS 545.645 and 545.647, the irrigation district and all
other parties to the contract, their successors, heirs, executors,
administrators and assigns, may become parties to a new contract in lieu of the
contract then in effect. A new contract shall be adopted under ORS 545.643 to
545.667 in the same manner as the contract then in effect. [Formerly 545.318]
     545.651
Constructive consent of holders of outstanding indebtedness; procedure for obtaining
consent; petition. (1) For
the purpose of obtaining constructive consent of the unknown owners or holders
of the bonds or other evidences of indebtedness, who have not either personally
or through a protective committee become party to the contract executed in
accordance with ORS 545.643 to 545.667, the board of directors shall file a
petition in rem verified by the oath of the president or secretary of the
district. The petition shall substantially describe the terms and conditions of
the contract executed by the district for the liquidation of the bonds or other
evidences of indebtedness. The petition shall be filed in the circuit court for
the county in which the office of the district is located.
     (2) The petition shall further state what
percentage of owners or holders of bonds or other evidences of indebtedness
have become parties to the contract. The percentage shall be not less than 80
percent of those owners or holders. The petition shall further set forth what
steps have been taken to get the consent of all nonconsenting owners or holders
of the bonds or other evidences of indebtedness. [Formerly 545.320]
     545.652 [Repealed by 1973 c.415 §14]
     545.654 [Repealed by 1973 c.415 §14]
     545.655
Notice of petition and terms of contract; failure to file dissent; effect. (1) Upon presentation of the petition to the
court, the court shall authorize the district to publish a notice describing in
substance the terms and conditions of the contract. The district shall cause
the notice to be published, for at least four consecutive weeks in three
newspapers published within
     (2) The notice shall contain a general
description of the evidences of indebtedness to be liquidated and the amount of
indebtedness. The notice shall require all holders of the evidences of
indebtedness to file in the proceeding their written dissent from or objection
to the contract. The notice shall also state that if such dissent is not filed
in writing in the court within 90 days from the date of the first publication
of the notice, the owners or holders of the evidences of indebtedness failing
to file their dissent or objections shall be considered to have consented to
all the terms and conditions of the liquidation of the indebtedness as provided
in the contract. Failure within the 90-day period to file dissent and
objections with the court shall be the equivalent of the signing, execution and
delivery of the contract either personally or through the agency of the
protective committee by the known consenting owners or holders of the evidences
of indebtedness. [Formerly 545.322]
     545.656 [Repealed by 1973 c.415 §14]
     545.658 [Repealed by 1973 c.415 §14]
     545.659
Hearing on petition; judgment; trustee. (1) After 90 days from the date of the first publication of the
notice, the district shall file in the proceeding in the circuit court its
verified return of its acts made under the order of the court. The district
shall attach affidavits of the publication of the notice in three newspapers.
After the district files its verified return, the court shall hear the cause
and shall enter a judgment providing that all the owners or holders of the
evidences of indebtedness who have not, within 90 days after the date of the
first publication of the notice, filed in the court their written dissent and
objections to the proceedings and contract, have consented to their evidences
of indebtedness being liquidated in accordance with the terms of the contract.
     (2) In the judgment, the court shall
direct that the pro rata part of the cash received that, under the contract,
belongs to the owners or holders of the evidences of indebtedness whose consent
was obtained by the court proceedings be deposited with the county treasurer of
the county in which the office of the district is located. The county treasurer
shall be trustee for the persons entitled to the moneys. The court shall direct
the deposit to be made by the officers of the district, the landowners within
the district or the protective committee acting for the consenting owners or
holders, as the court may consider most expedient and practicable under the
terms of the contract.
     (3) The judgment shall also provide that,
upon the payment of the money to the county treasurer as trustee, the evidences
of indebtedness held by the owners or holders shall be considered paid and no
longer shall be an obligation as provided in the contract. The judgment shall
further provide that, upon surrender to the county treasurer of the bonds with
the unpaid interest coupons or other evidences of indebtedness, the county
treasurer shall pay on demand to the owners or holders their pro rata part of
the moneys deposited with the county treasurer as trustee. When paid in
accordance with the contract, the county treasurer shall mark the evidences of
indebtedness canceled and deliver the evidences of indebtedness to the
district.
     (4) All owners or holders of the evidences
of indebtedness to be liquidated shall be considered to have notice of all
steps taken and proceedings under ORS 545.643 to 545.667. [Formerly 545.324;
2003 c.576 §503]
     545.660 [Repealed by 1973 c.415 §14]
     545.662 [Repealed by 1973 c.415 §14]
     545.663
Nature of proceeding; appeal; nonprejudicial errors; costs. The procedure in the circuit court under ORS
545.651, 545.655 and 545.659 shall be in the nature of an equitable proceeding
in rem. Any owner or holder of evidences of indebtedness affected by the court
proceeding or any other interested party may appeal to the Court of Appeals at
any time within 30 days after issuance of the judgment of the circuit court.
The appeal must be heard and determined within three months from the time of
taking the appeal. The court, in inquiring into the regularity, legality or
correctness of the proceedings, shall disregard any error, irregularity or
omission that does not affect the substantial rights of the parties. The Court
of Appeals may approve the proceedings in part and disapprove the remainder.
The costs of the proceedings may be allowed and apportioned between the parties
in the discretion of the court. [Formerly 545.326; 2003 c.576 §504]
     545.664 [Repealed by 1973 c.415 §14]
     545.666 [Repealed by 1973 c.415 §14]
     545.667
State Treasurer as depository.
The State Treasurer may act as depository for any purposes under ORS 545.643 to
545.667. All warrants, bonds or other evidences of indebtedness may be
deposited with the State Treasurer for safekeeping. [Formerly 545.332]
ADDITIONAL METHOD
OF LIQUIDATING INDEBTEDNESS
     545.671
Contract providing plan of liquidation; resolution of directors. Any irrigation district desiring to become a
party to any contract providing a plan for the liquidation in any manner of all
or part of its outstanding bonded or other indebtedness, whether then due or
not due, may choose to adopt the procedure provided by ORS 545.671 to 545.679.
The procedure provided by ORS 545.671 to 545.679 is in lieu of other procedures
provided by law. Before becoming a party to a contract under ORS 545.671 to
545.679, the board of directors shall adopt a resolution substantially
describing all the terms and conditions of the proposed contract. [Formerly
545.352]
     545.673
Terms of contract.
Notwithstanding any other statute expressly or impliedly limiting the powers of
the parties named in this section to enter into a contract, a contract under
ORS 545.671 to 545.679 may provide a plan for liquidation of any indebtedness
of the district to which all the parties may agree. The contract may provide for
terms of discount of the principal and interest, times and manner of payment
and apportionment of the obligations of the contract over the irrigable or
other lands. The contract may also provide for the manner and method of making
assessments for payment of the principal and interest agreed to be paid, and
for the issuance of certificates or other evidences of participation in the
contract by the owners or holders of evidences of indebtedness of the district.
The contract may contain a provision permitting the release of any land in the
district from any lien created by the contract to secure the payment of the
obligations of the contract as to that land or relieving any land in the
district from any obligation to pay any assessment thereafter levied for the
purpose of meeting the obligations or interest accruing under the contract. The
contract may provide that the release or relief of land from liens or
obligations under the contract may be done by payment to the district of an
amount of money as provided in the contract, or by delivery of bonds or coupons
or other evidence of participation in the contract. [Formerly 545.354]
     545.675
Parties to contract; execution.
(1) All parties described in this section are authorized to become party to,
sign, seal, execute and deliver a contract agreed upon under ORS 545.671 to
545.679. The parties shall include:
     (a) The irrigation district; and
     (b) The owners or holders of at least
66-2/3 percent in amount of the then outstanding bonds or other evidences of
indebtedness of the district, the liquidation of which is the purpose of the
contract. The owners or holders jointly may become party to the contract
through the agency of a protective or bondholdersÂ’ committee selected for that
purpose by the owners or holders of outstanding bonds or other evidences of
indebtedness.
     (2) The contract shall be executed by all
parties with such formalities as will entitle it to be recorded. [Formerly
545.356]
     545.677
Election authorizing directors to enter into contract. The contract provided for in ORS 545.671 to
545.679 may be entered into by the district by its board of directors when a
majority vote of the electors of the district authorizes the contract. [Formerly
545.358]
     545.679
Recording of contract; effective date; preeminence of contract with respect to
rights and liabilities. Upon
execution and delivery of a contract under ORS 545.671 to 545.679, the board of
directors shall cause the contract to be recorded in the records of mortgages
in the counties in which the lands covered by the contract are located. After
recordation of the contract, the contract shall become effective in accordance
with its terms. As of the effective date agreed upon in the contract, the
rights, privileges, liabilities and obligations of all parties to the contract,
as described in the contract, shall govern and control all the parties in lieu
of all statutory rights, privileges, liabilities and obligations previously
governing and controlling the parties in the premises. [Formerly 545.360]
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.
(1) Claims against the district shall be submitted to the board upon vouchers.
Upon order of the board the president and secretary shall draw warrants in
payment of the claims. The county treasurer shall pay the warrants, if there
are funds available for that purpose. If funds are not available, the treasurer
shall so indorse the warrants. From the date of the indorsement the warrants
shall bear interest at a rate not exceeding six percent per annum until paid or
until notice has been given that funds are available for payment of the
warrants. Except for payments that may be made by irrigation district bonds,
the warrants shall be drawn in payment of any debt, liability or obligation
incurred in carrying out the Irrigation District Law.
     (2) The warrants shall be receivable by
the tax collector when tendered in payment of maintenance charges levied
against lands in the district that issued the warrants. The tax collector shall
also receive any past due bond or any past due interest coupon from any bond of
the district in payment of any assessment made for the purpose of paying the
bonds or bond interest of the district. The total amount of outstanding
warrants for the payment of which there are no funds available shall not exceed
$5 per acre for each acre in the district.
     (3) On the first Tuesday in each month,
the county treasurer shall report to the board, in writing, the amount of money
in the several funds of the district, the amount of receipts for the month
preceding, and the amount of items of expenditures. The report shall be
verified and filed with the secretary of the board. [Formerly 545.562]
     545.685
Establishing bank account for payment of labor and emergency expenses. (1) The board of directors of an irrigation
district may withdraw from any moneys deposited on behalf of the district an
amount designated by the board and deposit it in an account with any insured
institution, as defined in ORS 706.008, that is approved by the board to be
maintained in the name of the district for the purposes set forth in subsection
(2) of this section.
     (2) The account established under this
section shall be used for the payment of any claims arising out of labor and
emergency expenses incurred by the district during any month. Moneys may be
withdrawn from the account by:
     (a) Check or draft signed by at least two
individuals authorized to do so by the board of directors; or
     (b) Electronic funds transfers authorized
by the board and initiated by at least two individuals authorized by the board.
     (3) The expenditures made shall be
ratified and audited by the board at each regular meeting.
     (4) As used in this section, “electronic
funds transfer” has the meaning given that term in ORS 293.525. [Formerly
545.563; 1997 c.631 §488; 2005 c.492 §2]
     545.990 [Repealed by 1969 c.344 §8]
_______________
CHAPTER 546
[Reserved for expansion]
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.