2007 Oregon Code - Chapter 552 :: Chapter 552 - Water Improvement Districts
Chapter 552 —
Water Improvement Districts
2007 EDITION
WATER IMPROVEMENT DISTRICTS
WATER LAWS
GENERAL PROVISIONS
552.013Â Â Â Â Definitions
ORGANIZATION OF DISTRICT
552.108Â Â Â Â Creation
of water improvement district; purposes; limitation
552.113Â Â Â Â Water
rights protected; minimum acreage requirement; withdrawal procedure for city or
other special districts
552.118Â Â Â Â Petition
contents
552.133Â Â Â Â Election
on formation
552.138Â Â Â Â Status
of final order; time for protest
552.143Â Â Â Â Proceedings
to test validity of order or act of district board
BOARD OF DIRECTORS
552.208Â Â Â Â Election
of first board of directors; number; qualifications; terms; change of number of
directors
552.218Â Â Â Â Organizational
meeting; oath; officers; meetings
552.223Â Â Â Â Duties
of district board
POWERS OF DISTRICT
552.305Â Â Â Â Powers
of districts generally
552.310Â Â Â Â Condemnation
552.315Â Â Â Â Right
to enter and survey land
552.320Â Â Â Â Operation
of water works and sale of water; conditions
552.325Â Â Â Â Water
charges; use of revenues; collection and enforcement
552.330Â Â Â Â Water
user regulations; enforcement; notice
552.345Â Â Â Â User
regulations; fees for use of facilities
552.350Â Â Â Â Cooperation
with the
552.403Â Â Â Â Watershed
improvement plans; cooperation with Water Resources Commission
552.408Â Â Â Â District
projects; engineering plans
552.413Â Â Â Â Engineering
plans prepared by other agencies
552.418Â Â Â Â Notice
of engineering plan; hearing; objections of landowners; approval or disapproval
of plan
552.423Â Â Â Â Advertising
for bids on construction contract
552.428Â Â Â Â Letting
construction contract; contractorÂ’s bond or letter of credit
552.433Â Â Â Â Chief
engineer of district to superintend work
552.438Â Â Â Â Construction
on public land or right of way, or along watercourse
DISTRICT FINANCES
552.603Â Â Â Â Financing
construction, operation or maintenance of district works
552.608Â Â Â Â Assessment
of cost of works against benefited land; hearing on proposed assessment
552.613Â Â Â Â Improvement
bonds
552.618Â Â Â Â Effect
of irrigation contract
552.623Â Â Â Â Ad
valorem tax levy, collection, enforcement
552.624Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
552.625Â Â Â Â Maximum
rate of tax levy; procedure to change rate
552.630Â Â Â Â Service
and user charges
552.635Â Â Â Â Levy
to establish revolving fund; use of fund
552.645Â Â Â Â General
obligation bonds
552.655Â Â Â Â Refunding
bonds
552.660Â Â Â Â Process
for issuance of bonds
552.670Â Â Â Â Loan
contracts with state or federal agencies
MISCELLANEOUS
552.710Â Â Â Â Subdistrict
procedure; authority
552.720Â Â Â Â Dissolution
of irrigation, drainage or water control district and transfer of assets and
liabilities to water improvement district
552.740Â Â Â Â Notice
requirements
552.750Â Â Â Â Election
laws applicable
BOUNDARY CHANGES
552.810Â Â Â Â Procedure
for inclusion or exclusion of land in district
552.830Â Â Â Â Date
of election on dissolution of district
PENALTIES
552.992Â Â Â Â Penalties
GENERAL PROVISIONS
     552.005 [Repealed by 1955 c.707 §75]
     552.010 [Repealed by 1955 c.707 §75]
     552.013
Definitions. As used in this
chapter, except when the context requires otherwise:
     (1) “County board” means the county court
or the board of county commissioners of a county.
     (2) “District” means a water improvement
district proposed or created under this chapter.
     (3) “District board” means the board of
directors of a district.
     (4) “Engineering plan” means the plans and
specifications for the works to be constructed including:
     (a) Maps, profiles, plans and other data
necessary to show the location and character of the work, and the property
benefited, taken or damaged;
     (b) All rights of way or other property
which may be required for the construction of the works; and
     (c) Estimates of the cost of the works and
of the benefits and damages which will accrue to each tract of land upon the
construction of the works.
     (5) “Filed for record” means to file a
document for recording with the county clerk of each county in which the lands
within a district are located.
     (6) “Land” or “tract of land” means real
property, together with improvements thereon, within a district.
     (7) “Landowner,” “owner,” “owner of land”
and “owner in fee” are synonymous and mean a person owning a tract of land
situated within a district. The vendee named in a bona fide contract of sale of
a tract of land situated within a district shall be considered a landowner to
the exclusion of the vendor. When two or more persons own a tract of land as
tenants in common or by the entirety, each person shall be regarded as a
landowner.
     (8) “Real market value” means real market
value computed in accordance with ORS 308.207.
     (9) “Works” means dams, storage
reservoirs, canals, ditches, dikes, levees, revetments, and all other
structures, facilities, improvements and property necessary or convenient for
draining land, controlling flood or surface waters, or supplying water for
irrigation, domestic supply or other purposes. [1969 c.606 §2; 1983 c.83 §100;
1991 c.459 §428]
     552.015 [Amended by 1955 c.707 §71; renumbered
552.025]
     552.020 [Repealed by 1969 c.168 §1]
     552.025 [Formerly 552.015; repealed by 1969 c.168 §1]
     552.105 [Repealed by 1969 c.168 §1]
ORGANIZATION
OF DISTRICT
     552.108
Creation of water improvement district; purposes; limitation. (1) A water improvement district may be
created as provided by this chapter for the purpose of acquiring, purchasing,
constructing, improving, operating and maintaining drainage, irrigation, and
flood and surface water control works in order to prevent damage and
destruction of life and property by floods, to improve the agricultural and
other uses of lands and waters, to improve the public health, welfare and
safety, to provide domestic or municipal and industrial water supply, to
provide water-related recreation and for the purpose of enhancing water
pollution control, water quality, and fish and wildlife resources.
     (2) Nothing in this chapter grants to a
district the power to generate, distribute, transmit or sell electricity or to
sell water or falling water to any person to generate electricity. [1969 c.606 §3;
1987 c.185 §2]
     552.110 [Amended by 1955 c.707 §72; repealed by 1969
c.168 §1]
     552.113
Water rights protected; minimum acreage requirement; withdrawal procedure for
city or other special districts. (1) This chapter shall not be construed to affect, amend or repeal any
other law of
     (2) A water improvement district formed
under this chapter shall include not less than 1,000 acres of land. Lands
located within the boundaries of a city, domestic water supply corporation,
irrigation district, drainage district or other similar special district
providing water for use or water control may be included within the boundaries
of a water improvement district without the consent of the city or other
district.
     (3)(a) If any part of a city or other
special district is included within the boundaries described in a petition for
creation of a district or for annexation of territory to a district, within
three days after the petition is filed, the petitioners shall notify the city
or other district of the filing of the petition.
     (b) The city or other district may
withdraw the territory within its boundaries from the proposed water
improvement district or annexation by describing the area within the city or
other district in a resolution and filing the resolution with the county board
within 90 days after the filing of the petition. If a withdrawal is so filed,
the area within the city or other district shall not be included within the
proposal. [1969 c.606 §16; 2003 c.802 §135]
     552.115 [Repealed by 1969 c.168 §1]
     552.118
Petition contents. In
addition to other matters the petition for formation of a district shall
include:
     (1) An estimate of the acreage of land
within the district and an estimate of the acreage within each county if the
district is located in more than one county; and
     (2) The maximum rate of any ad valorem
tax, if any, that may be levied by the district as permitted by ORS 552.625. [1969
c.606 §4; 1971 c.727 §164; 1991 c.459 §428a]
     552.120 [Amended by 1955 c.707 §73; repealed by 1969
c.168 §1]
     552.123 [1969 c.606 §5; repealed by 1971 c.727 §203]
     552.125 [Repealed by 1969 c.168 §1]
     552.128 [1969 c.606 §6; repealed by 1971 c.727 §203]
     552.130 [Repealed by 1955 c.707 §75]
     552.133
Election on formation. If an
election is called on the question of formation, it shall be held on a date
specified in ORS 255.345. An order creating a district shall include the
maximum rate of any ad valorem tax levy for the district. [1969 c.606 §7; 1971
c.727 §165; 1983 c.350 §299]
     552.135 [Repealed by 1969 c.168 §1]
     552.138
Status of final order; time for protest. (1) No final order creating a district shall be set aside, or annulled
upon appeal or review, on account of any defect or irregularity in the petition
asking for organization of the district, or notice of hearings thereon, which
does not materially affect the substantial rights of an interested party.
     (2) No proceeding may be maintained
contesting the validity of the creation of a district unless instituted within
90 days after the entry of the final order of the county board. [1969 c.606 §8]
     552.140 [Repealed by 1969 c.168 §1]
     552.143
Proceedings to test validity of order or act of district board. (1) In addition to the proceeding a district
is authorized to bring under ORS 33.710 and 33.720, any landowner or elector of
a district may bring a like proceeding in the circuit court of the county where
the lands within the district, or the greater portion thereof, are situated, to
determine the validity of any order or the performance of any act mentioned in
ORS 33.710, for which a contest is by that section provided. In such a
proceeding the district board shall be made parties defendant.
     (2) Service of summons shall be made on the
members of the board personally if within the county where the district, or any
part thereof, is situated. As to any directors not within the county, service
may be had by publication of summons for a like time, and in like manner, as is
provided by ORS 33.720. Jurisdiction shall be complete within 10 days after the
date of completing publication of notice.
     (3) The proceeding shall be tried and
determined in the same manner as proceedings brought by the district. [1969
c.606 §9]
     552.145 [Repealed by 1969 c.168 §1]
     552.150 [Repealed by 1969 c.168 §1]
     552.155 [Repealed by 1969 c.168 §1]
     552.160 [Repealed by 1969 c.168 §1]
     552.165 [Repealed by 1969 c.168 §1]
     552.170 [Repealed by 1969 c.168 §1]
     552.175 [Repealed by 1969 c.168 §1]
     552.180 [Repealed by 1969 c.168 §1]
     552.185 [Repealed by 1969 c.168 §1]
     552.205 [Repealed by 1969 c.168 §1]
BOARD OF
DIRECTORS
     552.208
Election of first board of directors; number; qualifications; terms; change of
number of directors. (1)
Electors of a district shall elect a board of directors whose number shall be
fixed at five, seven or nine by the county board at the proceedings on
formation. Directors shall be owners of land within the district. The directors
need not reside within the district.
     (2) Each director shall be elected for a
term of four years except the directors elected on creation of the district.
The directors first elected shall determine their terms by lot as follows:
     (a) If there are nine directors, the terms
of four shall expire June 30 next following the first regular district election
and the terms of five shall expire June 30 next following the second regular
district election.
     (b) If there are seven directors, the
terms of three shall expire June 30 next following the first regular district
election and the terms of four shall expire June 30 next following the second
regular district election.
     (c) If there are five directors, the terms
of two shall expire June 30 next following the first regular district election
and the terms of three shall expire June 30 next following the second regular
district election.
     (3) The board of directors shall fill any
vacancy on the board as provided in ORS 198.320.
     (4) The board or 10 or more landowners may
petition the county board to change the number of directors on the district
board. If the county board acts favorably on the petition, it shall enter an
order which designates the terms of office of the five, seven or nine directors
in general accordance with this section so that the number remaining on the
district board will be divided into two equal or approximately equal groups as
to terms. The change in the number of board members shall take place on July 1
next following the order. [1969 c.606 §17; 1971 c.23 §9; 1971 c.727 §166; 1973
c.796 §69; 1975 c.647 §45; 1983 c.350 §300]
     552.210 [Repealed by 1969 c.168 §1]
     552.213 [1969 c.606 §18; repealed by 1971 c.647 §149]
     552.215 [Repealed by 1969 c.168 §1]
     552.218
Organizational meeting; oath; officers; meetings. (1) As soon as possible after an election of
directors, the directors shall meet for the purpose of qualifying all persons
elected as directors and for the purpose of electing officers of the district.
Each director shall qualify by subscribing to an oath of office.
     (2) The directors shall elect from their
number a chairperson and vice chairperson and shall appoint a
secretary-treasurer. The officers shall have the authority and duties given to
them by the board.
     (3) The board shall hold meetings as may
be necessary or convenient. [1969 c.606 §19; 1971 c.403 §11; 1987 c.185 §3]
     552.220 [Repealed by 1969 c.168 §1]
     552.223
Duties of district board. A
district board shall:
     (1) Manage and conduct the affairs of the
district.
     (2) Employ and appoint agents and
employees, prescribe their duties and fix their compensation.
     (3) Establish reasonable rules and
regulations for the administration of the affairs of the district.
     (4) Withhold deliveries of water to lands
upon which there are delinquent assessments or charges.
     (5) Establish and maintain funds and
accounts for the funds of the district and of any subdistrict.
     (6) Obtain an annual audit of the books of
the district.
     (7) Fix the location of the principal
office of the district at some convenient place within or without the district.
     (8) Keep a record of all of the
proceedings of the district board.
     (9) Furnish a record book to the county
clerk of each county in which lands within the district are located, in which
shall be recorded all contracts executed under ORS 552.618 and 552.670, all
orders levying assessments and creating subdistricts, and other documents
required by law to be recorded. [1969 c.606 §20; 1971 c.23 §10]
     552.225 [Repealed by 1969 c.168 §1]
     552.228 [1969 c.606 §27; repealed by 1971 c.268 §24]
     552.230 [Repealed by 1969 c.168 §1]
     552.235 [Repealed by 1969 c.168 §1]
     552.240 [Repealed by 1969 c.168 §1]
     552.245 [Repealed by 1969 c.168 §1]
     552.250 [Repealed by 1969 c.168 §1]
     552.255 [Repealed by 1969 c.168 §1]
     552.260 [Repealed by 1969 c.168 §1]
     552.265 [Repealed by 1969 c.168 §1]
     552.270 [Repealed by 1969 c.168 §1]
     552.275 [Repealed by 1969 c.168 §1]
     552.280 [Repealed by 1969 c.168 §1]
     552.285 [Repealed by 1969 c.168 §1]
POWERS OF
DISTRICT
     552.305
Powers of districts generally.
A water improvement district has full power to carry out the objects of its
creation and to that end may:
     (1) Have and use a seal.
     (2) Have perpetual succession.
     (3) Sue and be sued in its own name.
     (4) Acquire by condemnation, purchase,
devise, gift or voluntary grant real and personal property or any interest
therein, located inside or outside of the boundaries of the district, and take,
hold, possess and dispose of real and personal property purchased from, or
donated by, the United States, or any state, territory, public body as defined
in ORS 174.109 or person for the purpose of aiding in the objects of the
district.
     (5) Enter into intergovernmental
agreements under ORS chapter 190 for the construction, preservation,
improvement, operation or maintenance of any works.
     (6) Build, construct, purchase, improve,
operate and maintain, subject to other applicable provisions of law, all works
necessary or desirable under any engineering plan adopted by the district.
     (7) Enter into contracts and employ
agents, engineers and attorneys.
     (8) Appropriate and acquire water and
water rights and sell, lease and deliver water for irrigation and other
purposes both inside and outside the district.
     (9) Do such other acts or things as may be
necessary for the proper exercise of the powers granted to make the greatest
beneficial use of the waters of the district. [1969 c.606 §14; 2003 c.802 §136]
     552.310
Condemnation. The right to
condemn property, pursuant to ORS 552.305 (4), shall include property already
devoted to public use, including city, state and county property, which is less
necessary than the use for which it is required by the district. 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
     552.315
Right to enter and survey land.
The district board, its officers, agents or employees shall have the right to
enter upon any land in the manner provided by ORS 35.220 to make surveys for
the purposes of the district. [1969 c.606 §15; 2003 c.477 §9]
     552.320
Operation of water works and sale of water; conditions. A water improvement district may:
     (1) Acquire, construct, reconstruct,
equip, own, maintain, operate, sell, lease and dispose of domestic, industrial
and municipal water works or systems and property and all appurtenances
incident thereto.
     (2) Furnish water for domestic, industrial
and municipal uses to premises and inhabitants within the district, and in
connection therewith, may supply, furnish and sell any surplus water storage or
carrying capacity over and above the domestic, industrial and municipal needs
of its inhabitants to persons or public bodies as defined in ORS 174.109,
either within or without the district. However:
     (a) A district shall not sell, offer to
sell, lease or deliver water within a city that is receiving water for any
purpose from a public utility as defined by ORS 757.005; and
     (b) The power to furnish water for
domestic, industrial and municipal uses under this section shall not be
exercised in such a manner as to impair the service of the district in
furnishing water for its inhabitants. [1969 c.606 §21; 2003 c.802 §137]
     552.325
Water charges; use of revenues; collection and enforcement. (1) The district board shall fix charges for
water furnished for domestic, industrial and municipal purposes so that the
water system is self-sustaining. All indebtedness incurred in the acquisition,
construction, maintenance, operation and disposition of the system shall be
paid from the revenue collected and from the proceeds of the disposition of the
whole or any part of the water system. The district board 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 and according
to the amount of water used, and according to whether the property serviced
lies within or without 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,
industrial and municipal water system.
     (3) The district board may contract with
any other district or with a city to collect water charges for the district
within the other district or city and the district may pay a reasonable charge
for such services.
     (4) Water charges may also be collected
and enforced as provided by ORS 454.225. [1969 c.606 §22; 1983 c.740 §216a]
     552.330
Water user regulations; enforcement; notice. A district may adopt and promulgate regulations concerning the use of
water of the district. The district board may refuse to supply any building,
place or premises with water when the user fails after five daysÂ’ written
notice to comply with the regulations of the district. The written notice shall
be by first-class mail or shall be posted in some conspicuous place on the
building, place or premises to which the supply of water may be shut off. When
the notice is mailed, it shall be considered given when it is deposited in the
United States Post Office properly addressed with postage prepaid. [1969 c.606 §26;
1991 c.250 §2]
     552.340 [1969 c.606 §28; repealed by 1987 c.185 §7]
     552.345
User regulations; fees for use of facilities. A district shall have power:
     (1) To make and enforce regulations governing
the conduct of the users of the recreational facilities of the district.
     (2) To prohibit any person violating any
regulation from thereafter using the facilities of the district for such period
as the board may determine.
     (3) To establish and collect reasonable
charges for the use of the facilities of the district and issue appropriate
evidence of the payment of such charges. [1969 c.606 §29(1)]
     552.350
Cooperation with the
     (a) To cooperate with the United States in
the manner provided by Congress for flood control, reclamation, conservation
and allied purposes, such as recreation, in protecting the inhabitants, the
land and other property within the district from the effects of a surplus or a
deficiency of water when the cooperation of the district is beneficial to the
public health, welfare, safety and utility.
     (b) To have general control and
supervision over bodies of water which are owned or maintained, or which have
been improved, by the district, insofar as the quality of water may affect the
public health, welfare, safety and utility of the bodies of water.
     (2) In carrying out the authority granted
by subsection (1)(b) of this section, the district may prevent any person
including any elected or appointed officer, employee or person under the
control of a city, county or district, from depositing directly or indirectly
in any such bodies of water, any rubbish, filth or poisonous or deleterious substance
liable to affect the health of persons, fish or livestock. However, the
authority granted by this subsection shall not be exercised unless the
Environmental Quality Commission, after study and determination of a specific
request of the district, certifies to the district that the quality of a body
of water under the jurisdiction of the district is injurious to the health of
persons, fish or livestock. [1969 c.606 §30]
     552.403
Watershed improvement plans; cooperation with Water Resources Commission. (1) A district shall, within a reasonable
time after formation, prepare broad, general plans of watershed improvement.
The plan may be prepared in cooperation with the Water Resources Commission and
shall conform to the state water resources policy declared by ORS 536.220.
     (2) The plan also shall show existing and
proposed works of the district and of other public and private agencies
relating to water use and control. It shall demonstrate a basis for the
coordination and planning of future works of the district, governmental
agencies and private interests to assure the maximum beneficial use and
conservation of the water resources of the district. The projects and
improvement plans shall be based on the inventory of water, needs of the
district related to natural resources, and plans and programs, if any,
developed by the Water Resources Commission. The district may have access to
all information, statistics, plans and data in the possession of or available
to any state agency or public corporation which is pertinent to the preparation
of the plan and may reimburse the agency or corporation for any expense
incurred in cooperating with the board.
     (3) After approval by the district board,
the plan of the district including the plan for financing any existing or
proposed works may be submitted to the Water Resources Commission for
recommendations.
     (4) The district board shall make
revisions found necessary for the proper control, utilization, conservation,
development and improvement of the water resources of the district, and for the
protection and enhancement of the quality of such water resources. [1969 c.606 §31]
     552.405 [Repealed by 1969 c.168 §1]
     552.408
District projects; engineering plans. Construction of district works may be undertaken on motion of the
district board or when landowners of the district request the district board to
do so. Upon initiation of a construction project, the district board shall
obtain engineering plans for the project. [1969 c.606 §33; 1987 c.185 §4; 1989
c.182 §45]
     552.410 [Repealed by 1969 c.168 §1]
     552.413
Engineering plans prepared by other agencies. In lieu of obtaining engineering plans as provided by ORS 552.408, the
district board may adopt as an engineering plan, any plans meeting the
requirements of this chapter made by an agency of the federal government or the
state, or proposed as project work plans by a soil and water conservation
district in which lands within the water improvement district are located. [1969
c.606 §34; 1989 c.182 §46]
     552.415 [Repealed by 1969 c.168 §1]
     552.418
Notice of engineering plan; hearing; objections of landowners; approval or
disapproval of plan. (1)
Upon completion or adoption of the engineering plan, the district board shall
cause notice to be given to the landowners that the plan, including the general
report, may be inspected at the district office. The notice may be given by
mail or by publication as the board determines.
     (2) The notice shall fix a time and place
for a hearing before the district board of all objections to the plan. The
hearing shall be held not less than 20 nor more than 30 days after the date of
mailing, or the date of the last publication, of the notice. At the hearing the
board may make changes in the plan as necessary in the light of objections or suggestions
made by persons appearing at the hearing. After the hearing the board shall
approve the plan as proposed, corrected or changed, by adopting an order of
approval. However, if the owners of more than 50 percent of the acreage within
the district, within 30 days after the date of the order approving the plan,
file written objections to the order with the secretary of the district, no
further action shall be taken under the order and the plan shall be considered
disapproved by the district board and rejected by the landowners. When an
engineering plan is rejected by the landowners, the board may obtain a new
engineering plan and present it to the landowners as provided by this section. [1969
c.606 §35; 1989 c.182 §47]
     552.420 [Repealed by 1969 c.168 §1]
     552.423
Advertising for bids on construction contract. After the approval of the engineering plan
as provided by ORS 552.418 and before beginning the construction of any works,
the district board shall give notice, by publication and otherwise, as it may
consider advisable, calling for bids for the construction of such works, or any
portion thereof. [1969 c.606 §36; 1989 c.182 §48]
     552.425 [Repealed by 1969 c.168 §1]
     552.428
Letting construction contract; contractorÂ’s bond or letter of credit. After advertising for bids, the board shall
let a contract for construction of the whole or any part of the project to the
lowest responsible bidder; or the board may reject any or all bids and
readvertise; or it may construct the project under its own superintendence.
Good and sufficient bond, or an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 running in favor of the district,
shall be required of each contractor, conditioned that the contractor will well
and truly comply with all the provisions of the contract and perform all work
in accordance with the terms thereof. [1969 c.606 §37; 1991 c.331 §81; 1997
c.631 §491]
     552.433
Chief engineer of district to superintend work. If the district has a chief engineer, the
chief engineer shall be superintendent of all the works and improvements and
shall, whenever required, and at least once each year, make a full report to
the district board of all work done and improvements. The chief engineer shall
make such suggestions and recommendations to the board as the chief engineer
considers proper. [1969 c.606 §38]
     552.438
Construction on public land or right of way, or along watercourse. (1) A district may construct works across or
along any street or public highway, or over any lands which are property of
this state, or any subdivision thereof. A district may construct its work
across and along any stream of water or watercourse.
     (2) Any works across or along any highway,
road or street shall be constructed only with the permission of the Department
of Transportation, the county board or the city governing body having
jurisdiction of the highway, road or street. The district shall restore any
highway, road or street to its former state as near as may be and shall not use
the right of way in a manner unnecessarily to impair its usefulness. [1969
c.606 §39]
     552.505 [Repealed by 1969 c.168 §1]
     552.510 [Repealed by 1969 c.168 §1]
     552.515 [Repealed by 1969 c.168 §1]
DISTRICT
FINANCES
     552.603
Financing construction, operation or maintenance of district works. The district board may, in accordance with
the order approving an engineering plan adopted under ORS 552.418, finance the
construction, operation or maintenance of district works by:
     (1) Use of the revolving fund established
under ORS 552.635.
     (2) Assessments under ORS 552.608 and
552.613 against the benefited property in the district with or without issuance
of improvement bonds or warrants.
     (3) Service charges and user fees
collected under ORS 552.618 or 552.630 from those who are served by or use the
services, works and facilities of the district.
     (4) Levy of ad valorem taxes under ORS
552.623 and 552.625.
     (5)
     (6) Any combination of the provisions of
subsections (1) to (5) of this section. [1969 c.606 §40]
     552.605 [Repealed by 1969 c.168 §1]
     552.608
Assessment of cost of works against benefited land; hearing on proposed
assessment. (1) All or part
of the cost of building, constructing, purchasing, operating, maintaining and
improving the district works described in an engineering plan adopted under ORS
552.408 or 552.413 may be assessed against the lands to be benefited by the
works. The district board shall determine the portion of the cost, if any, that
is to be paid from the general funds of the district and the portion that is to
be paid by the lands benefited.
     (2) Assessments shall be apportioned by
the district board in accordance with the special and peculiar benefit to be
received from the district works by each lot or parcel of land. Where parcels
of land, or portions thereof, in the district are undeveloped, the district
board may, in its discretion, defer assessing or imposing all or any portion of
such assessments on such parcels until such parcels are connected with or
receiving services from the district works.
     (3) The district board shall afford an
opportunity for hearing of any individual objections or remonstrances to
assessments under this section. If remonstrances or objections are received by
the district board signed by more than 50 percent of the landowners
representing more than 50 percent of the acreage within the proposed assessment
district, the proposed improvement shall not be made. [1969 c.606 §41]
     552.610 [Repealed by 1969 c.168 §1]
     552.613
Improvement bonds. If any
portion of the cost of a district works is assessed against the property
directly benefited, the district board may issue improvement bonds in the total
amount of the valid applications it has received to pay assessments in installments
as provided by ORS 223.205 and 223.210 to 223.295. [1969 c.606 §42; 1995 c.333 §19]
     552.615 [Repealed by 1969 c.168 §1]
     552.618
Effect of irrigation contract.
No tract of land shall be considered to be benefited by the construction,
operation, maintenance or improvement of irrigation works unless the owner of
such land enters into an irrigation contract with the district. The irrigation
contract shall be in such form as shall be prescribed by the district. Upon
being executed the contract may be filed for record and the recording of the
contract shall constitute notice that such lands are subject to assessments
thereafter levied in accordance with the contract. [1969 c.606 §24; 1991 c.459 §428b]
     552.620 [Amended by 1955 c.707 §74; repealed by 1969
c.168 §1]
     552.623
Ad valorem tax levy, collection, enforcement. (1) Subject to ORS 552.625, a district may assess, levy and collect
taxes each year on the assessed value of all taxable property within the limits
of the district. The proceeds of the tax shall be applied in carrying out the
purposes of this chapter.
     (2) The district may annually also assess,
levy and collect a tax without limitation upon all such property in an amount
sufficient to pay the yearly interest on bonds theretofore issued by the
district and then outstanding, together with any portion of the principal of
the bonds maturing within the year. The tax shall be applied only in payment of
interest and principal of bonds issued by the district, but the district may
apply any funds it may have toward payment of principal and interest of bonds.
     (3) Any taxes needed shall be levied in
each year and returned to the county officer, whose duty it is to extend the
tax roll, by the time required by law for city taxes to be levied and returned.
     (4) All taxes levied by a district shall
become payable at the same time and be collected by the same officer who
collects county taxes, and shall be turned over to the district according to
law. The county officer whose duty it is to extend the county levy shall extend
the levy of the district in the same manner as city taxes are extended.
     (5) Property shall be subject to sale for
nonpayment of taxes levied by a district in like manner and with like effect as
in the case of county and state taxes. [1969 c.606 §43; 1981 c.804 §109]
     552.624
Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §44]
     552.625
Maximum rate of tax levy; procedure to change rate. (1) Subject to subsection (2) of this
section, a district shall not levy an ad valorem tax in any one year in excess
of the maximum rate of levy authorized, which shall be stated in the petition
for creation of the district, unless a change in the maximum rate is first
approved by the electors. The rate of levy shall be stated in dollars and cents
per thousand dollars of assessed value.
     (2) A maximum rate of levy fixed upon
creation of the district may be increased or decreased by a majority of those
voting on a proposed change at an election called for that purpose. An election
on the question of a change shall be called by the district board upon a
petition therefor signed by not less than 30 landowners. The question may be
submitted to the electors on the motion of the board.
     (3) A maximum rate of levy fixed as
provided by this section is in addition to and not in lieu of any other tax
limit provided by law. However, all other tax limits are subordinate to the
maximum rate fixed as provided by this section. Notwithstanding any other law,
the district board shall not in any one year levy an ad valorem tax in excess
of the rate, except when the tax is levied under ORS 552.623 (2) to pay
principal and interest on district bonds outstanding.
     (4) A certified copy of the district board
order declaring the results of an election approving a change in the maximum
rate of levy under this section shall be filed for record. [1969 c.606 §44]
     552.630
Service and user charges.
(1) For the purpose of paying the costs of operation and maintenance of
district works constructed under this chapter, the district board may by
ordinance:
     (a) Impose and collect service charges on
the owners or occupants of property served by the works of the district.
     (b) Impose and collect user charges, fees
and tolls for use of works, facilities and services of the district.
     (2) Service or user charges shall be based
on the cost of operation, maintenance and administration of the works,
facilities or service. [1969 c.606 §45; 1991 c.459 §428c]
     552.635
Levy to establish revolving fund; use of fund. For the purpose of establishing a revolving
fund to provide money to finance the planning and construction of district
works, a district board may levy an ad valorem tax of not to exceed in any one
year three-twentieths of one percent (0.0015) of real market value of all
taxable property within the district. The revenue derived from such taxes shall
be credited to a revolving fund, and shall be disbursed by the district board
and used only for the purpose for which levied. [1969 c.606 §46; 1991 c.459 §429]
     552.645
General obligation bonds.
(1) For the purpose of carrying into effect any of the powers granted by this
chapter, a district, when authorized at any properly called election held for
the purpose, has the power to borrow money, and sell and dispose of general
obligation bonds. Outstanding bonds shall never exceed in the aggregate two and
one-half percent of the real market value of all taxable property within the
district.
     (2) The bonds shall be issued from time to
time by the district board in behalf of the district as authorized by the
electors thereof. The bonds shall mature serially within not to exceed 50 years
from issue date. However, for an indebtedness to the federal government or this
state, the district may issue one or more bonds of the denominations agreed
upon. Bonds shall bear interest at a rate payable semiannually as the board
shall determine. The bonds shall be so conditioned that the district shall
promise and agree therein to pay to the bearer at a place named therein, the
principal sum, with interest at the rate named therein, payable semiannually,
in accordance with the tenor and terms of the interest coupons attached.
     (3) For the purpose of additionally
securing the payment of the principal and interest on general obligation bonds
issued under this section, the district shall have the power, by resolution of
the district, which resolution shall constitute part of the contract with the
holders of the bonds, to pledge all or any part of the net revenue of the
district. The district board may adopt such a resolution without submitting the
question of the pledge to the electors of the district. [1969 c.606 §47; 1983
c.347 §30; 1991 c.459 §430]
     552.655
Refunding bonds. Refunding
bonds of the same character and tenor as those replaced thereby may be issued
pursuant to a resolution duly adopted by the district board without submitting
to the electors the question of authorizing the issuance of the bonds. [1969
c.606 §48]
     552.660
Process for issuance of bonds.
All general obligation bonds, including refunding bonds, issued under ORS
552.645 to 552.660 shall be issued as prescribed in ORS chapter 287A. [1969
c.606 §49; 2007 c.783 §219]
     552.670
Loan contracts with state or federal agencies. (1) If authorized by its electors, a
district may enter a loan contract with a state or federal agency. The loan
contract shall be in such form and shall contain such terms as may be agreed
upon by the agency and the district. The district may agree to levy assessments
against each tract of land benefited, to do all acts and things necessary
therefor, to assign to the lending agency the assessments as security for the
loan and to perform all such acts within such period of time as may be agreed
to between the district and the state or federal lending agency.
     (2) If a state or federal lending agency
pays over money to a district pursuant to the terms of a loan contract and the
district fails, refuses or neglects to levy the assessments, to obtain or
prepare a benefit roll, to assign the assessments or in any other manner not to
perform as it agreed to under the loan contract, the state or federal lending
agency shall have the right, at its election, to apply to the circuit court for
the county in which is located the largest part of the lands within the
district for a writ of mandamus, or any other order or writ, to require the district,
its directors, officers and agents to do such acts and things as the district
agreed to do under the terms of the loan contract. All costs, charges and
expenses pertaining to the issuance and execution of any such writ or order
shall be charged to and collected from the lands subject to the assessments in
addition to such assessments.
     (3) Upon the execution of a loan contract,
the district shall file for record a certificate which shall state the date of
the loan contract, the maximum amount of the loan, the recording data
pertaining to the recorded order creating the district, the term of the loan
and the rate of interest. Such certificate shall give notice that all lands
within the district determined to be benefited by the construction of the works
referred to in the engineering plan will be subject to assessments thereafter
to be levied. [1969 c.606 §25; 1991 c.459 §430a]
MISCELLANEOUS
     552.710
Subdistrict procedure; authority. (1) When a district has adopted a plan under ORS 552.403, subdistricts
may be created as provided by this section.
     (2) Proceedings to create subdistricts,
located totally or partially within or outside of a district, may be initiated
by a petition of the landowners within the subdistrict. Except as otherwise
provided by this section, the petition shall fulfill the same requirements
concerning the subdistrict as a petition is, by ORS 552.118, required to
fulfill concerning the creation of the main district. The petition shall be
filed with the county board of the county where the greater portion of land
within the boundaries of the subdistrict is located, and shall be accompanied
by an undertaking as provided by ORS 552.118. Proceedings to create a
subdistrict shall conform in all things to the provisions relating to the creation
of a district. However, the owners of 50 percent or more of the total acreage
within the proposed subdistrict shall be required to sign the petition for the
creation of a subdistrict.
     (3) If the county board adopts an order
creating a subdistrict, the clerk of the county board shall give notice of the
order to the district board. The district board of the main district is the
governing board of each subdistrict of the district. For the purpose of
qualifying to be a member of a district board, under ORS 552.208 (1), ownership
of land within a subdistrict, regardless of the location of the subdistrict, is
considered ownership of land within the district. The territory within one
subdistrict may be included within another subdistrict or subdistricts.
     (4) After the creation of a subdistrict,
proceedings in reference to a subdistrict shall in all matters conform to the
provisions of this chapter applicable to districts. In all matters affecting
only a subdistrict, provisions of this chapter applicable to a district apply
to the subdistrict as though it were an independent district.
     (5) The petition for creation of a
subdistrict shall include a statement of the amount or quantity of water for
which the subdistrict desires to acquire the perpetual use and the amount of
money the subdistrict is willing to pay therefor. Prior to the entry of a
judgment creating a subdistrict, the county board shall be furnished the
verified consent of the district board to furnish such perpetual use of water
for the purposes specified to the subdistrict at a price and upon the terms
mentioned in the petition. [1969 c.606 §32; 2003 c.576 §519]
     552.720
Dissolution of irrigation, drainage or water control district and transfer of
assets and liabilities to water improvement district. (1) Any district organized or operating
under ORS chapter 545, 547 or 553 may dissolve and transfer its property and
other assets and liabilities to a water improvement district which will
undertake to furnish service to the inhabitants of the dissolving district.
     (2) Except as provided by this section,
dissolution, liquidation and transfer proceedings shall be conducted as
provided by ORS 198.920 to 198.955.
     (3) When a petition is filed or a
resolution is adopted initiating dissolution proceedings, the governing board
of the dissolving district and the district board of the water improvement
district shall meet with each other to agree on a debt distribution plan to be
voted upon as a part of the proposal. The debt distribution plan may provide
for any distribution of indebtedness between the water improvement district and
the dissolving district. If the boards do not agree on a debt distribution plan
or if the area within the dissolving district remains liable under the plan for
any portion of the indebtedness outstanding at the time of the dissolution and
transfer, the district board of the water improvement district shall be ex
officio board of the dissolved district for the purpose of levying taxes or
collecting charges in such area until the bonded and other indebtedness of the
dissolved district is paid.
     (4) The consent of all the known holders
of valid indebtedness against the dissolving district shall be obtained or
provision made in the debt distribution plan for the payment of the nonassenting
holders. The area within the boundaries of the dissolving district shall not by
reason of the dissolution and transfer be relieved from liabilities and
indebtedness previously contracted by the dissolving district.
     (5) If the dissolution is approved at an
election in accordance with the law applicable to the dissolving district, the
governing body of the dissolving district shall convey to the water improvement
district all assets of the dissolving district after paying and discharging the
debts and obligations to, or procuring releases from the nonassenting holders,
in accordance with the debt distribution plan. [1969 c.606 §13; 1971 c.727 §167;
1991 c.459 §430b]
     552.730 [1969 c.606 §11; repealed by 1971 c.647 §149]
     552.740
Notice requirements. When notice
is required by this chapter to be given by publication, the notice shall be
published in a newspaper of general circulation in the district, or if there is
no such newspaper, in a newspaper of general circulation in each county in
which the district is located. Notice of a hearing to be held before the
district board or the county board shall be published once each week for four
consecutive weeks, making four publications, and the last publication shall be
at least five days before the date set for the hearing. All other notices
required to be published under this chapter shall be published once each week
for two consecutive weeks, making two publications, and the last publication
shall be at least five days before the date of the event for which the notice
is given. This section does not apply to provision of notice for an election. [1969
c.606 §12; 1971 c.647 §119; 1983 c.350 §304]
     552.750
Election laws applicable.
(1) ORS chapter 255 governs the following:
     (a) The nomination and election of directors.
     (b) The conduct of all district elections.
     (2) The electors of a district may
exercise the powers of the initiative and referendum regarding a district
measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §302]
BOUNDARY
CHANGES
     552.810
Procedure for inclusion or exclusion of land in district. A petition for inclusion or exclusion of
territory in a district may be filed without the approval of the district board
indorsed on the petition. However, if the county board approves the petition
and determines the boundaries, the district board shall call an election in the
district for the purpose of submitting the proposal to the electors of the
district. [1969 c.606 §10; 1971 c.727 §168; 1983 c.83 §101; 1983 c.350 §305]
     552.820 [1969 c.606 §50; repealed by 1971 c.727 §203]
     552.825 [1969 c.606 §51; repealed by 1971 c.727 §203]
     552.830
Date of election on dissolution of district. An election on dissolution may be held only on the same date as the
regular district election. [1969 c.606 §52; 1971 c.727 §169; 1983 c.350 §306]
     552.835 [1969 c.606 §53; repealed by 1971 c.727 §203]
     552.840 [1969 c.606 §54; repealed by 1971 c.727 §203]
     552.845 [1969 c.606 §55; repealed by 1971 c.727 §203]
     552.850 [1969 c.606 §56; repealed by 1971 c.727 §203]
     552.855 [1969 c.606 §57; repealed by 1971 c.727 §203]
     552.860 [1969 c.606 §58; repealed by 1971 c.727 §203]
PENALTIES
     552.990 [Repealed by 1969 c.168 §1]
     552.992
Penalties. Subject to ORS
153.022, violation of any regulation adopted under ORS 552.345 is a Class B
violation. [1969 c.606 §29(2); 1987 c.185 §5; 1999 c.1051 §198]
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