2007 Oregon Code - Chapter 553 :: Chapter 553 - Water Control Districts
Chapter 553 —
Water Control Districts
2007 EDITION
WATER CONTROL DISTRICTS
WATER LAWS
GENERAL PROVISIONS
553.010Â Â Â Â Definitions
ORGANIZATION AND POWERS OF DISTRICT
553.020Â Â Â Â Creation
of water control districts; purposes; limits
553.035Â Â Â Â Application
of election laws
553.070Â Â Â Â Boundary
change; consent
553.090Â Â Â Â Nature
and powers of district
553.095Â Â Â Â Entry
upon land; notice
553.105Â Â Â Â Districts
coterminous with 1969 districts; abolishment of existing districts
553.107Â Â Â Â Effect
of creation of districts under ORS 553.105
553.110Â Â Â Â Vested
water rights; inclusion of land in district or assessment; consent
GOVERNING BODY
553.210Â Â Â Â Election
of directors; qualifications; terms; vacancies; change in number of directors
553.220Â Â Â Â Organization
meeting; officers; duties; meetings
553.230Â Â Â Â Powers
and duties of board
553.240Â Â Â Â County
court as governing body
553.250Â Â Â Â Authority
to acquire and dispose of water works; sale of water
553.270Â Â Â Â Procedure
on condemnation; property subject to and exempted from condemnation
553.280Â Â Â Â Undertaking
prior to entry as part of condemnation proceedings
553.290Â Â Â Â Possession
of land after commencement of proceedings
CONSTRUCTION OF WORKS IN SUBDISTRICTS;
DETERMINATION OF BENEFITS
553.310Â Â Â Â Creation
of subdistrict; change in subdistrict boundaries; procedure
553.320Â Â Â Â Engineering
plan; notice of completion; inspection; hearing; changes in plan; approval;
rejection upon objections of landowners
553.330Â Â Â Â Assessment
for cost of works
553.340Â Â Â Â Determination
of benefits; board of appraisers; exception
553.350Â Â Â Â Assessment
of benefits and damages by appraisers; benefits less than costs; recommendation
to amend engineering plan; final report and certificate
553.360Â Â Â Â Hearing
on report of appraisers; exceptions; entry of order; appeal
553.370Â Â Â Â Reappraisal
after construction of works; when authorized
553.380Â Â Â Â Reduction
of benefits
ASSESSMENTS; CLAIMS; EQUALIZATION
553.510Â Â Â Â Special
assessments
553.520Â Â Â Â Apportioning
assessments; adjustment of benefits
553.530Â Â Â Â Disposition
of funds received
553.535Â Â Â Â Collection
of charges and assessments by resolution of board
553.540Â Â Â Â Assessments
to be levied by order of board; filing copy thereof; notice; lien; time for
payment; interest
553.550Â Â Â Â Loans;
assignment of assessments as security for
553.560Â Â Â Â Foreclosure
of assessment; procedure; district may bid and purchase; deed; right of
redemption
553.570Â Â Â Â Withdrawal
of land from foreclosure sale; payment of lien, taxes and proportion of costs
553.580Â Â Â Â Payment
of state and county taxes by district
553.585Â Â Â Â Claims;
presentation; payment
BONDS
553.610Â Â Â Â Assessments
or taxes upon bond issue
553.615Â Â Â Â Assessments
by order of board
553.620Â Â Â Â Ad
valorem tax in lieu of assessment
553.623Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
553.625Â Â Â Â Levy
and collection of tax authorized by ORS 553.620
553.630Â Â Â Â Terms
and conditions of bonds; bond register
553.635Â Â Â Â Contract
provisions for payment of government construction charges
553.640Â Â Â Â
553.643Â Â Â Â Bond
given for federal loan; form; terms
553.645Â Â Â Â Payment
from annual taxes and assessments of bond-related amounts due government
553.650Â Â Â Â Property
liable for indebtedness of district
553.655Â Â Â Â Bond
elections in subdistricts
553.660Â Â Â Â Tax
or assessment as lien on property
553.665Â Â Â Â Bond
Fund; Bond and
553.670Â Â Â Â Process
for issuance of bonds
CONTRACTS WITH OTHER GOVERNMENTAL UNITS FOR CONSTRUCTION OF WORKS
553.710Â Â Â Â Intergovernmental
agreements; levy of tax to meet obligations
553.720Â Â Â Â Manner
of collecting tax; budget; equalizing levy
553.730Â Â Â Â Limitation
on tax levy
553.740Â Â Â Â Issuance
of warrants
553.750Â Â Â Â Loan
contracts with state or federal agencies; obligation of district; recording
certificates
553.760Â Â Â Â When
land benefited by irrigation project
APPEALS
553.815Â Â Â Â Judicial
review of tax or assessment
DISSOLUTION
553.850Â Â Â Â Dissolution
upon majority vote
GENERAL PROVISIONS
     553.010
Definitions. As used in this
chapter, except where the context clearly indicates a different meaning:
     (1) “Board” means the board of directors
of a water control district created under the provisions of this chapter.
     (2) “District” means a water control
district created under this chapter.
     (3) “Court” means the county court having
jurisdiction over a water control district and includes the board of county
commissioners.
     (4) “Land” or “tract of land” means real
property, together with improvements thereon, whether publicly or privately
owned, within a district.
     (5) “Landowner,” “owner,” “owner of land”
and “owner in fee” are synonymous and mean a person, public body as defined in
ORS 174.109, or the federal government or any agency thereof, owning a tract of
land situated within a district, or within the boundaries of a proposed
district. The vendee named in a bona fide contract of sale of a tract of land
situated within a district shall be considered as a landowner to the exclusion
of the vendor. Whenever two or more persons own a tract of land as tenants in
common or by entirety, each such person shall be regarded as a landowner. The
guardian, administrator or executor authorized to act as such of a person or
estate owning land within a district shall be considered a landowner.
     (6) “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 lands with water for
irrigation, domestic or other purposes.
     (7) “Notice by publication” means the
giving of notice by publication in a newspaper defined as a legal publication
under the laws of
     (8) “Engineering plan” means the plans and
specifications for the works to be constructed or purchased within any
subdistrict, including such maps, profiles, plans and other data as may be
necessary to set forth the location, character of the work, the property
benefited, taken or damaged, showing any and all rights of way or other
property which may be required for the construction of any works, together with
the estimates of the cost of the works and an estimate of the benefits and
damages which will accrue to each tract of land within a subdistrict upon the
construction or purchase of the works. A project work plan prepared for a
subdistrict in cooperation with a soil and water conservation district may be
adopted as the engineering plan, even though such project work plan is not the
final construction plan, and does not give an estimate of the benefits and
damages which will accrue to each tract.
     (9) “Apportion” means to determine the
proportionate share of any assessment which is to be borne by a tract of land
subject to assessment or to determine the proportionate share of any charge
which is to be borne by the owner or occupant of a tract of land. The
determination shall be made by calculating the percentage ratio of the
appraised benefits of a tract of land to the total appraised benefits accruing
to all tracts of land, or owners and occupants thereof, subject to the
assessment or charge and allocating to the tracts of land, or owners and
occupants, the same percentage of the total sum of money to be raised by the
assessment or charge.
     (10) “New assessed valuation” means the
assessed valuation of a tract of land as assessed by the county assessor for
the county in which the land is located for the year in which an adjustment of
benefits is made by a district.
     (11) “Original appraised benefits” means
the benefits determined to accrue to a tract of land by an appraisal.
     (12) “Original assessed valuation” means
the assessed valuation of a tract of land as assessed by the county assessor
for the county in which the land is located for the year in which the original
benefits were determined.
     (13) “Record” means to file a document for
recording with the county clerk of each county in which the lands within a
district or subdistrict are located. [Amended by 1961 c.186 §4; 1965 c.623 §1;
1969 c.691 §1; 1983 c.83 §102; 1983 c.350 §307; 1991 c.459 §430c; 2003 c.802 §138]
ORGANIZATION
AND POWERS OF DISTRICT
     553.020
Creation of water control districts; purposes; limits. (1) Water control districts may be created
as provided in 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 to improve the public health, welfare and safety.
     (2) A water control district, organized
for one or more of the purposes provided by subsection (1) of this section, may
also acquire, purchase, construct, improve, operate and maintain works and
facilities for the secondary purposes of domestic, municipal and industrial
water, recreation, wildlife, fish life and water quality enhancement. However,
a water control district may not be created solely for one or more of the
purposes provided by this subsection. [Amended by 1969 c.691 §2]
     553.030 [Amended by 1965 c.623 §2; repealed by 1971
c.727 §203]
     553.035
Application of election laws.
(1) ORS chapter 255 governs the following:
     (a) The nomination and election of
directors of the district board.
     (b) The conduct of 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.
     (3) A person may vote in a district
election only if the person is an elector registered in the district. However,
in any district in which there are no electors registered in the district and
the property is used for business, industrial or farming purposes and is
nonresidential in character, all owners of property located within the district
may vote, and the authorized officer or representative of any corporation
owning land in the district may vote for the corporation landowner. [1983 c.350
§311]
     553.040 [Amended by 1965 c.623 §2a; repealed by 1971
c.727 §203]
     553.050 [Repealed by 1971 c.727 §203]
     553.060 [Amended by 1965 c.623 §3; repealed by 1971
c.727 §203]
     553.065 [1965 c.623 §8a; 1969 c.691 §3; repealed by
1971 c.727 §203]
     553.070
Boundary change; consent. If
any contract has been entered into between the district and the United States
or the State of Oregon or any agency of either of them, or if the district has
contracted to purchase any existing works and the purchase price has not been
paid in full, no change shall be made in the boundaries of the district without
the written consent of such contracting agency or the vendor of such existing
works. [Amended by 1965 c.623 §4; 1971 c.727 §170]
     553.080 [Amended by 1959 c.71 §1; 1967 c.609 §12; 1969
c.691 §3a; repealed by 1971 c.647 §149]
     553.090
Nature and powers of district.
A water control district formed under the provisions of this chapter 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.
     (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
and improvements 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) Create special assessment districts,
hereinafter referred to as subdistricts, for the purpose of levying assessments
against lands benefited by works constructed by the district or ad valorem
taxes on all taxable property within the subdistrict.
     (10) Levy assessments against lands
benefited by works constructed by the district or, in lieu of all assessments
provided for by ORS 553.510 (2), (3) and (4), levy ad valorem taxes on all
taxable property within the subdistrict in order to provide funds for the
construction, purchase, improvement, operation or maintenance of such works.
     (11) Borrow money and issue notes, bonds,
and other indebtedness secured by mortgage liens, pledge of special assessments
as provided in ORS 553.510, or pledge of other income or revenue of the
district, or any combination thereof.
     (12) In addition to or in lieu of the levy
of assessments against the lands of the district, impose and collect service
charges upon the owners or occupants of the property served by the works of the
district and impose and collect user charges, fees and tolls for use of the
works, facilities and services of the district.
     (13) Do such other acts or things as may
be necessary for the proper exercise of the powers herein granted. [Amended by
1965 c.623 §5; 1991 c.459 §430d; 2003 c.802 §139]
     553.095
Entry upon land; notice. The
board of directors, its officers, agents or employees shall have the right to
enter upon any land to make surveys for the purposes of the district, upon
giving the owners of such land notice of any such surveys reasonably in advance
thereof. [1965 c.623 §9]
     553.100 [Repealed by 1975 c.326 §5]
     553.105
Districts coterminous with 1969 districts; abolishment of existing districts. (1) There hereby is created a water control
district territorially coterminous with each water control district existing on
June 16, 1969, if such district was at that time a valid district but for the
fact that its electorate was restricted to property owners. In determining the
boundaries of districts created by this subsection, full effect shall be given
to annexations, withdrawals and consolidations effected by districts prior to
June 16, 1969, under this chapter or other statutes authorizing or purporting
to authorize such action.
     (2) Water control districts territorially
coterminous with the districts created by subsection (1) of this section hereby
are abolished.
     (3) Water control districts created by
this section shall be governed by this chapter. [1969 c.691 §16]
     553.107
Effect of creation of districts under ORS 553.105. Each water control district created by ORS
553.105 shall in all respects succeed to and replace the territorially
coterminous water control district abolished by ORS 553.105. Without limiting
the foregoing:
     (1) A successor district is:
     (a) The owner of the property of the
succeeded district, including real property and funds on deposit with the
county treasurer or banks.
     (b) Successor party to the contracts of
the succeeded district.
     (c) Successor party to the court
proceedings of the succeeded district.
     (d) Successor obligor on the indebtedness
of the succeeded district.
     (2) The directors and officers of the
succeeded district are the directors and officers of the successor district.
Each director and officer shall hold office for a term equal to the term of
office in the succeeded district. [1969 c.691 §17]
     553.110
Vested water rights; inclusion of land in district or assessment; consent. (1) This chapter shall not be construed to
affect, amend or repeal any other law of
     (2) No lands located within the boundaries
of any city, irrigation district or drainage district shall be included within
the boundaries of a water control district without the consent of the city or
district.
     (3) No lands publicly owned and no lands
of any railroad, public utility or telecommunications utility shall be assessed
without the consent of the owner thereof. [Amended by 1987 c.447 §133; 2003
c.802 §140]
GOVERNING
BODY
     553.210
Election of directors; qualifications; terms; vacancies; change in number of directors. (1) The electors of a district shall elect a
board of directors whose number shall be fixed at five, seven or nine by the
county court during formation proceedings. Directors shall be owners of land
within the district and subject to the current charges and assessments of the
district. The directors need not reside within the district.
     (2) Each director shall be elected for a
term of four years, commencing July 1, except the directors elected at the
first election immediately following 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 on 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 of directors or 10 or more
landowners may petition the county court to change the number of directors on
the board of directors. If the court 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 the provisions of this section so that the
number remaining on the 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. [Amended by 1961 c.186 §5; 1965 c.623
§6; 1969 c.669 §15; 1969 c.691 §§4,18; 1971 c.647 §120; 1971 c.727 §171; 1971
c.727 §198; 1973 c.796 §70; 1975 c.647 §46; 1983 c.350 §308; 2001 c.264 §1]
     553.220
Organization meeting; officers; duties; meetings. 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. The directors
shall elect from their number a president and vice president and shall appoint
a secretary-treasurer. Such officers shall have such authority and duties as
may be given to them by the board. The board shall hold such meetings as may be
necessary or convenient. [Amended by 1971 c.403 §12]
     553.230
Powers and duties of board.
The board shall:
     (1) Manage and conduct the affairs of the
district.
     (2) Adopt a seal.
     (3) Make and execute all necessary
contracts.
     (4) Employ and appoint such agents,
officers and employees as may be required, and prescribe their duties and fix
their compensation.
     (5) Establish reasonable rules and
regulations for the administration of the affairs of the district.
     (6) Withhold deliveries of water to lands
upon which there are delinquent charges or assessments.
     (7) Impose charges or levy assessments for
special benefits and apportion the same among the lands, or owners or occupants
of the lands, within the district liable therefor as provided in this chapter.
     (8) Acquire water rights for the purposes
of the district or subdistrict and the lands served thereby.
     (9) Establish and maintain funds and
accounts for the funds of the district and of any subdistrict within the
district.
     (10) Obtain an annual audit of the books
of the district.
     (11) Fix the location of the principal
office of the district at some convenient place within or without the district.
     (12) Keep a record of all of the
proceedings of the board.
     (13) 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, orders levying assessments and creating
subdistricts, and other documents required by law to be recorded.
     (14) Levy special assessments as provided
in ORS 553.510 and set charges, fees and tolls for use of services and
facilities made available by the district or subdistrict.
     (15) Issue notes, bonds and other evidence
of indebtedness incurred in connection with the construction, acquisition,
improvement, or operation and maintenance of works authorized by this chapter. [Amended
by 1965 c.623 §7; 1969 c.345 §16; 1991 c.459 §430e]
     553.240
County court as governing body.
(1) The county court may be established as the governing body of a water
control district as provided by this section if the boundaries of the district
are coterminous with the boundaries of the county.
     (2) At the election of the first governing
body of a water control district, the electors of the district shall choose
either the county court or a board of directors to be the governing body of the
district. The electors of the district also shall vote for directors, who shall
take office if the electors choose to have a board of directors as the
governing body.
     (3) If a majority of the votes cast at the
election favors the county court as the governing body of the district, all
duties, functions and powers granted to a board of directors of a water control
district are vested in the county court. The county court shall be the
governing body of the water control district until the district is dissolved. [1957
c.606 §2; 1971 c.647 §121; 1971 c.727 §174; 1971 c.727 §199; 1983 c.350 §309]
     553.250
Authority to acquire and dispose of water works; sale of water. (1) Notwithstanding any other provisions of
this chapter, any water control district, whenever it appears necessary, proper
or beneficial to its inhabitants, may 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) Any such water control district may
furnish water for domestic, industrial and municipal uses to premises and
inhabitants within its 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 and
other public bodies as defined in ORS 174.109, either within or without the
district; provided, however, that the power to furnish water for domestic,
industrial and municipal uses herein conferred will not be exercised in such a
manner as to impair the service of the district in furnishing water for its
inhabitants. [1963 c.363 §2; 2003 c.802 §141]
     553.260 [1963 c.363 §3; repealed by 1969 c.691 §13]
     553.270
Procedure on condemnation; property subject to and exempted from condemnation. The right to condemn property, given
pursuant to ORS 553.090 (4) shall include property already devoted to public
use, including 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
     553.280
Undertaking prior to entry as part of condemnation proceedings. Prior to any party, officer or agent of a
water control district entering upon any land sought to be condemned, there
shall be furnished to the landowner a sufficient 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 that the district seeking to
condemn the land 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. [1965 c.623 §11]
     553.290
Possession of land after commencement of proceedings. At any time after the board of directors of
a water control 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 such lands and
begin such work as may be necessary to the development of the district. [1965
c.623 §12]
CONSTRUCTION
OF WORKS IN SUBDISTRICTS; DETERMINATION OF BENEFITS
     553.310
Creation of subdistrict; change in subdistrict boundaries; procedure. (1) Whenever the owners of more than 50
percent of the acreage, exclusive of state and federally owned land, in a body
of land located within a district desire to have the district undertake the
construction or purchase of works and facilities for purposes as set forth in
ORS 553.020 which will benefit their lands, they shall 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 purchased; 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 to as a complete and sufficient legal
description by a qualified engineer or land surveyor and such 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, and if it meets with the
approval of the board, the board shall adopt an order creating the subdistrict
in which shall be described 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.
     (2) Notwithstanding subsection (1) of this
section, a subdistrict created under provisions of this chapter can be formed
in the formation proceedings if:
     (a) The petition for formation states the
purposes for which the petitioners request formation of both the district and
subdistrict;
     (b) The boundaries of both the district
and subdistrict are coterminous;
     (c) The description of the boundaries of
the proposed subdistrict are certified as to complete and sufficient legal
description by a qualified engineer or surveyor; and
     (d) Owners of more than 50 percent of the
acreage of the land in the proposed district and subdistrict sign the petition
to form the water control district and subdistrict.
     (3) After the creation of a subdistrict as
provided by this chapter, the boundaries thereof may be changed by the
inclusion of lands outside of the subdistrict upon the petition of the owners
of 50 percent of the lands desiring to be included in the subdistrict. The
lands to be added to the subdistrict must be 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
names and addresses of each person signing the petition and a prayer asking
that the lands described by the petition be annexed to the subdistrict. The
petition shall be filed with the board of directors. A certificate containing a
description of the boundaries of the subdistrict after the proposed addition,
certified to as a complete and sufficient legal description of the subdistrict
after the proposed annexation by a certified engineer or land surveyor, 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 give notice by publication of the hearing or a notice
by mail 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, and the new boundaries of the subdistrict shall be described by
the order. [Amended by 1961 c.186 §6; 1969 c.691 §5; 1971 c.727 §172; 2001
c.258 §1]
     553.320
Engineering plan; notice of completion; inspection; hearing; changes in plan;
approval; rejection upon objections of landowners. After the creation of a subdistrict, the
board shall secure an engineering plan for the improvements requested in the
petition for the creation of the subdistrict. The board may adopt as an
engineering plan for a subdistrict any plans theretofore made by any department
or agency of the federal government or the State of Oregon or a project work
plan proposed for any soil and water conservation district in which lands
within the subdistrict are located, or the board may employ a qualified
engineer to make such engineering plan. Upon completion of the plan the board
shall cause notice thereof to be given to the owners of the tracts of land
within the subdistrict and shall permit the inspection of the plan at the
office of the subdistrict by all landowners. The notice may be given by mail or
by publication, as may be determined by the board. The notice shall fix a time
and place for a hearing before the board of all objections to the plan, which
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 shall make such changes in the engineering plan as it deems necessary in
the light of any objections or suggestions made by any person appearing at the
hearing. After the hearing, the board shall approve the plan as corrected or
changed, by adopting an order of approval. However, if the owners of more than
50 percent of the lands within the subdistrict file written objections to the
order approving the engineering plan with the secretary of the district within
15 days after the date of such order, no further action shall be taken under
the order and the plan shall be considered to have been rejected by the
landowners. Whenever an engineering plan for a subdistrict is so rejected by
the landowners the board may obtain a new engineering plan and present it to
the landowners in the manner above provided or the board may dissolve the
subdistrict. [Amended by 1961 c.186 §7]
     553.330
Assessment for cost of works.
The cost of building, 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, to be
benefited by the works in proportion to the benefits to be received by each
tract of land. Only the lands or owners within a subdistrict shall be liable
for, charged with or in any manner assessed or taxed for the payment of
judgments, claims, damages, costs, expenses, debts or other liabilities of or
against a district that accrue from, arise out of or are incurred in the
building, constructing, purchasing, operating, maintaining or improving the
works of such subdistrict. [Amended by 1991 c.459 §430f]
     553.340
Determination of benefits; board of appraisers; exception. (1) The board, with such assistance as it
deems necessary, shall prepare a benefit roll and determine the benefits that
will accrue to each tract of land located within a subdistrict upon the
construction of the works described in the engineering plan for the
subdistrict. After such determination is made each landowner shall be given
written notice thereof by registered mail or by certified mail with return
receipt. If the landowner does not file written objections thereto within 30
days of the date the notice is mailed, the landowner shall be deemed to have
consented to the allocation of benefits to the lands of the landowner. If a
landowner files objections within 30 days, the determination of the benefits
that will accrue to the lands of the landowner shall be referred to a board of
appraisers. A board of three appraisers shall be appointed by the court, upon
the petition of the board of directors, whenever one or more landowners within
the subdistrict files an objection. Each of the appraisers shall, before
assuming duties, take and subscribe to an oath that the appraiser will
faithfully and impartially discharge duties as an appraiser and will make a
true report of all work done by the appraiser. The court may, by order, remove
any appraiser at any time and shall fill all vacancies on the board of
appraisers or may appoint a new board as the case may require. The appraisers shall
receive such compensation as the board of directors, with the approval of the
court, determines, and shall be reimbursed for the expenses they incur in the
exercise of their duties.
     (2) Subsection (1) of this section shall
not apply if the benefits to be determined are set forth in an irrigation
project contract which has been executed by the owner pursuant to ORS 553.760. [Amended
by 1969 c.691 §6; 1991 c.249 §56]
     553.350
Assessment of benefits and damages by appraisers; benefits less than costs; recommendation
to amend engineering plan; final report and certificate. (1) The appraisers shall assess the amount
of benefits and the amount of damages, if any, that will accrue to each tract
of land which they are directed by the board of directors to appraise, and
shall determine the value of any lands to be acquired and used for rights of
way and other purposes by the subdistrict. The appraisers shall determine the
benefits to the lands themselves and to any buildings and other structures
erected on such lands. The appraisers shall take into consideration the
agricultural or other uses of such lands, the increase in value thereof upon
the completion of the proposed works, and the increased income which will be
derived from the lands upon the construction of the works. In making their
appraisal, the appraisers shall give due consideration and credit to any works
that have already been constructed and which benefit any tract of land they are
appraising. The appraisers shall have no power to change the engineering plan.
     (2) Whenever it appears to the appraisers
that the benefits to all the lands within the subdistrict will be less in value
than the cost of the proposed works, the appraisers shall file a preliminary
report of their work with the board of directors and recommend to the board
that the engineering plan be amended so that the proposed works can be
constructed at a cost less than the benefits to be derived therefrom. If the
board obtains an amended engineering plan, the appraisers shall proceed with their
work.
     (3) Upon completing their work, the
appraisers shall file a final report with the court and certify that the
appraisal has been completed and that there is nothing further for them to do
in regard to the matter.
     553.360
Hearing on report of appraisers; exceptions; entry of order; appeal. (1) After the filing of the report of the
appraisers, the court shall enter an order fixing the time and place for a
hearing on the report and directing the secretary of the district to give
notice of the hearing by publication. The notice shall contain a description of
each tract of land appraised, together with the names of the owners, if known,
and shall state that the appraisers appointed to assess the benefits and
damages to the lands described and to appraise the cash value of the lands
necessary to be taken for rights of way and other works within or without the
limits of the subdistrict, have filed their report with the court and that the
owner of each tract of land included therein is given notice that the owner may
examine the report and file objections to the report or to any determination of
benefits or damages on or before the date set for the hearing.
     (2) The district or any person owning or
having any interest in the lands described, or the owner of any tract of land
within the subdistrict for which the appraisals were made, may file exceptions
to the report of the appraisers or to any determination of benefits or damages
determined to accrue to lands upon the construction of the proposed works or to
the determination of the cash value of the lands necessary to be taken for
rights of way or other works.
     (3) The court shall hear all objections
and make such amendments and modifications to the report of the appraisers as
to the court may seem equitable. Upon the conclusion of the hearing the court
shall enter its order in which shall be given the description of each tract of
land appraised, the value of the benefits and damages which the court
determines will accrue to each tract, and the value of lands necessary to be
taken for rights of way and other works.
     (4) Any party interested may take an
appeal from such order in the manner set forth in ORS 553.815. The order shall
be filed in the office of the county clerk of the county in which the court is situated,
and a certified copy of the order shall be filed with the county clerk of each
other county in which lands within the subdistrict are located. [Amended by
1969 c.691 §7]
     553.370
Reappraisal after construction of works; when authorized. In the event that it is determined, after
the construction of any works within a subdistrict, that any lands within the
subdistrict are benefited and the benefits accruing to such lands were not
determined by the board or by appraisal or the benefits determined by the board
are less than the benefits actually accruing to the property, or in case any
person makes use of or profits by the works within any subdistrict to a degree
not compensated for in the original determination of benefits by the board or
by appraisal, or in case the directors of the district find it necessary to
take or damage any additional property, the directors shall petition the court
for appointment of a board of appraisers to appraise or reassess the benefits
accruing to any tract of land within the subdistrict or to appraise the damages
to or value of any property taken. After the appraisers file their report, the
court shall act thereon in the manner provided for the approval by the court of
the original appraisal.
     553.380
Reduction of benefits. In
the event that it is determined after the construction of any works within a
subdistrict that the benefits received by any tract of land are materially less
than the appraised benefits, the board may, upon the petition of any owner of a
tract of land, hold a hearing on the question of whether the benefits should be
reduced. The board shall give notice by mail 30 days prior to such hearing to
all other owners of land within the subdistrict. After hearing evidence for and
against the reduction of benefits assessed against the tract of land in
question, the board shall make an order reducing the amount of assessed
benefits or dismissing the petition.
ASSESSMENTS;
CLAIMS; EQUALIZATION
     553.510
Special assessments. In
order to raise the funds required by a district for the construction, purchase,
operation, maintenance and improvement of works and facilities for purposes set
forth in ORS 553.020 in any subdistrict, and in order to pay the general
overhead and other expenses of a district which are not chargeable directly to
any subdistrict, the lands benefited by any or all of such types of works and
by the operation of the district shall be subject to special assessments of the
following classes:
     (1) A preliminary assessment, which shall
be levied for the purpose of defraying the expenses incurred by the district
for organization of the district, for organization of subdistricts, and for
defraying overhead costs and other expenses including purchases of rights of
way, acquisition of land and payment of fees and services as may be incurred by
the district prior to the time that construction assessments are levied or a
tax is levied. A preliminary assessment shall be apportioned on the basis of
the assessed valuation of property in the district. A preliminary assessment
shall be not more than five-hundredths of one percent (0.0005) of the real
market value of all taxable property within the district computed in accordance
with ORS 308.207. No district shall levy a preliminary assessment for more than
three years.
     (2) A construction assessment, which shall
be levied for the purpose of defraying the cost of constructing or purchasing
the works in each subdistrict. The construction assessment shall be levied as
soon as the board is able to determine the probable cost of constructing or
purchasing the works described in the engineering plan for a subdistrict or a
construction assessment may be levied for the construction or purchase of works
in accordance with any loan agreement with the government of the United States
or the State of Oregon for money to be used in the construction or purchase of
such works or in accordance with a purchase agreement entered into with the
seller of such works. All construction assessments shall be paid in 10 equal
annual installments and shall bear interest at a rate not to exceed six percent
per annum until paid from the date the first installment of the assessment is
due. Any landowner may make advance payments on the construction assessment
levied against the lands of the landowner. The board may, in its discretion,
decrease the amount of any annual installment and spread the payment of the
construction assessment over a period longer than 10 years. Such decrease shall
apply uniformly to all lands within the subdistrict. Whenever the board
determines that the original construction assessment is not in an amount
sufficient to pay the cost of constructing or purchasing the works described in
the engineering plan for the subdistrict, the board shall assess a second
construction assessment.
     (3) A maintenance and operation
assessment, which shall be levied for the purpose of defraying the cost of
maintaining and operating the works constructed within any subdistrict. On or
before November 1 of each year the board shall determine the probable cost of
maintaining and operating the works within each subdistrict during the ensuing
calendar year.
     (4) An improvement assessment, which shall
be levied for the purpose of defraying the cost of making improvements within a
subdistrict. On or before November 1 of each year the board shall determine the
probable cost of making any necessary improvements to any completed works
within each subdistrict. No improvement assessment levied in any one year shall
be greater in amount than one percent of all construction assessments levied
against the same tract of land. In case of an emergency the board may, upon the
approval of the owners of over half of the lands affected, levy, assess and
collect a special improvement assessment. The board may, in its discretion,
levy an improvement assessment within the limitations above provided in order
to accumulate a fund to make improvements in future years. [Amended by 1959
c.605 §1; 1961 c.186 §8; 1965 c.623 §13; 1969 c.691 §8; 1991 c.459 §431]
     553.520
Apportioning assessments; adjustment of benefits. (1) After determining the sum of money to be
raised by any assessment, except a preliminary assessment, the board shall
apportion the same among the lands liable therefor. Benefits used as a basis
for apportioning maintenance and operation assessments and improvement
assessments, except assessments levied for the operation, maintenance and
improvement of irrigation works, may be adjusted from year to year in such
manner that the adjusted benefits are in the same proportion to the new
assessed valuation of the tract of land as the original appraised benefits are
in proportion to the original appraised benefits plus the original assessed
valuation of such tract of land.
     (2) Adjusted benefits shall be made the
basis for apportioning the maintenance and operation assessments and the
improvement assessment, and shall not be used as a basis for apportioning
construction assessments or preliminary assessments. Benefits determined to be
accruing to lands upon the construction of irrigation works shall not be
adjusted in any manner.
     553.530
Disposition of funds received.
(1) All sums of money received by a district in payment of any assessment shall
be kept in a separate fund for each subdistrict from which the assessment is collected.
All funds remaining unexpended in any construction fund after the payment of
all costs incurred for the construction of works in any subdistrict shall be
paid into the improvement fund for such subdistrict, and any funds remaining on
hand in any maintenance and operation fund for any year for any subdistrict
shall likewise be paid into the improvement fund of that subdistrict.
     (2) The district shall maintain a general
fund in which shall be kept all funds received by the district for paying the
general overhead and other expenses of the district. The district shall pay
into the general fund such portion of each of the special assessments levied
against lands within subdistricts as is necessary to pay the general expenses
and overhead of the district.
     553.535
Collection of charges and assessments by resolution of board. (1) In lieu of the provisions and methods
contained in ORS 553.535 to 553.580, the board of directors of a district may
provide by resolution for the billing and collection of the charges or
assessments of the district in the manner provided under ORS 545.482 to 545.508
for irrigation districts.
     (2) A resolution adopted under this
section may apply to any or all of the assessments provided for under ORS
553.510, including but not limited to all charges or assessments for operation
and maintenance, repairs, bond or interest payments, payments due or to become
due to the United States under any contract of the district with the United
States or other expenses of the district.
     (3) Where in ORS 545.482, 545.484 and
545.508, the board or an officer of an irrigation district is referred to, the
corresponding board or officer of a water control district shall perform the
required actions. [1991 c.459 §431b]
     553.540
Assessments to be levied by order of board; filing copy thereof; notice; lien;
time for payment; interest.
(1) All assessments shall be levied by an order of the board. The order shall
state the description of the land assessed, the name of the owner of the land
as such name appears on the records of the district, or the records of the
county assessor, the type and kind of assessment, the amount of the assessment
due, and the due date. It shall not be necessary to issue a separate order for
each tract of land in a subdistrict, and any number of tracts in the same
subdistrict and the same county may be included in one order. A copy of the
order levying an assessment, certified and acknowledged by the secretary of the
district, shall be filed with the county clerk of the county in which the land
is located. Upon being filed, the assessment shall constitute a lien against
the land assessed, prior in time to any other liens, rights or interests in the
tracts of land described except liens for taxes levied by the state or county.
     (2) Notice of all assessments levied by a
district shall be given to the landowner by mail and shall be payable on the
30th day after such notice is mailed. All assessments paid after the due date
shall be charged interest at the rate of not more than 12 percent per annum.
All assessments shall be paid to the secretary-treasurer of the district and a
receipt shall be issued therefor. From time to time the board shall order the
satisfaction of the liens against lands on which assessments have been paid,
and a copy of such order shall be filed with the county clerk of the county in
which the lands are located. [Amended by 1961 c.186 §9; 1981 c.122 §1]
     553.550
Loans; assignment of assessments as security for. A district may borrow money and secure
repayment of the same by the assignment of any assessments theretofore levied.
Whenever a levied assessment is assigned to secure the repayment of any sum of
money borrowed, the assessment shall be paid to the assignee thereof or the
agent of the assignee.
     553.560
Foreclosure of assessment; procedure; district may bid and purchase; deed;
right of redemption. (1)
After the date fixed as the time when an assessment shall become due, the
board, by resolution, shall direct that all delinquent assessments then unpaid,
whether for operation and maintenance, improvement, construction, or other
purposes, shall be foreclosed by the district. Such foreclosure shall follow
the general procedures of a suit in equity and shall be filed in the circuit
court of 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 therein. The district may recover in
such suit the costs and disbursements and other expenses of foreclosure. Any
number of tracts of lands, whether they are delinquent for the same or any
number of assessments or for the same or several years, may be foreclosed in
the same suit. The court may award reasonable attorney fees to the district if
the district prevails in a foreclosure action under this section. The court may
award reasonable attorney fees to a defendant who prevails in a foreclosure
action under this section if the court determines that the district had no
objectively reasonable basis for asserting the claim or no reasonable basis for
appealing an adverse decision of the trial court.
     (2) The judgment in such suit shall order
the sale of such property and fix the time for holding the sale, which shall be
not more than four weeks from the date of the judgment, and shall order the
sheriff of the county to hold the same as other foreclosure sales, upon giving
notice thereof 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 and by posting notices in three public
and conspicuous places in the county at least two weeks prior to the day of
sale.
     (3) The district may be a bidder and
purchaser of property upon such sale. Upon such sale the sheriff immediately
shall issue a deed to the property sold, and no right of redemption shall
exist. [Amended by 1981 c.897 §64; 1995 c.696 §30; 2003 c.576 §520]
     553.570
Withdrawal of land from foreclosure sale; payment of lien, taxes and proportion
of costs. At any time prior
to sale or at the time of sale as provided by ORS 553.560, the former owner,
assessment payer or holder of legal or equitable title or lien upon or to any
tract of land included in the foreclosure and judgment may pay the amount of
the lien foreclosed, together with such amount of state and county taxes as the
district may have paid and a proportionate amount of the costs incurred in such
foreclosure proceedings, and withdraw the tract of land from the foreclosure
sale. If made prior to the judgment, the payment shall be tendered to the clerk
of the court, together with a written appearance in the suit. If 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 of land then shall
be excluded from the foreclosure proceedings. If payment is made after
judgment, the district shall issue satisfaction of lien to such former owner,
assessment payer or holder of equitable or legal title upon the tract of land
and file the same for record. [Amended by 2003 c.576 §521]
     553.580
Payment of state and county taxes by district. At any time after any assessment levied
under this chapter becomes delinquent, the district may pay any state and county
taxes due or delinquent against such tracts of land as are delinquent in the
payment of the district assessment, and add such amount to and foreclose the
same as part of the lien of the district against such tracts of land.
     553.585
Claims; presentation; payment.
All claims against the district shall be presented to the district board for
allowance or rejection. Upon allowance, the claim shall be attached to a
voucher verified by the claimant or agent of the claimant, approved by the
president of the board and countersigned by the secretary, and directed to the
treasurer of the district for the issuance of a check for payment of the claim
against the proper fund in the custody of the district. Each claim presented
and approved by the board shall have indorsed upon it the particular fund from
which it is to be paid by the treasurer. Claims against the district for
administrative expense and for any costs or expenses which are not properly
chargeable directly to a particular subdistrict shall, when allowed by the
district board, be paid from the general fund of the district. [Formerly
553.590]
     553.590 [Renumbered 553.585]
     553.592 [1965 c.623 §42; repealed by 1991 c.459 §431c]
     553.595 [1965 c.623 §43; repealed by 1991 c.459 §431c]
     553.600 [1965 c.623 §44; repealed by 1991 c.459 §431c]
BONDS
     553.610
Assessments or taxes upon bond issue. Any water control district issuing bonds may, after an affirmative
vote at any regular or special election called or held pursuant to the Water
Control District Act, proceed to levy and collect assessments or ad valorem
taxes as provided in subsections (1) and (2) of this section.
     (1) A water control district may proceed
to levy and collect assessments for any purposes of the water control district
on a benefited basis as provided in ORS 553.330 and as determined under ORS
553.340 to 553.380. However, no change in method of assessment shall be made
except with the consent of the holders of outstanding bonds.
     (2) In lieu of the provisions of
subsection (1) of this section and not in addition thereto, a water control
district may proceed to levy an ad valorem tax for the purpose of paying the
principal and interest on bonded indebtedness when it becomes due. [1965 c.623 §14a]
     553.615
Assessments by order of board.
In lieu of the provisions contained in ORS 553.535 to 553.580, a district may
levy any one or all of the assessments provided in this chapter by an order of
the board. The order shall state the description of the land assessed, the name
of the owner of the land as such description and name appears on the records of
the county assessor, the type and kind of assessment, the amount of the
assessment due, which shall be certified by the board not later than July 15 of
each year to the county assessor of each county in which lands of the district
are situated. The county assessor shall enter the assessment upon the county
assessorÂ’s roll against the property therein described, in the same manner as
other municipal taxes are entered by the county assessor. The collection of the
assessment shall be coincident with collection of the state and county tax, and
shall be governed by the laws relating thereto. [1965 c.623 §15]
     553.620
Ad valorem tax in lieu of assessment. (1) A water control district may, in lieu of any or all of the
assessments provided in this chapter, levy an ad valorem tax upon all taxable
property situated within the boundaries of the district or subdistricts for a
purpose of purposes expressed therein. A levy of an ad valorem tax for a given
purpose shall not be in addition to any other assessments by a water control
district for that purpose.
     (2) As used in this section, “purpose”
means the type of service to be performed by the district, or subdistrict, as
set forth in ORS 553.020 (1) and (2). When the construction of an improvement
serves more than one purpose, the cost of construction or the cost of
maintenance shall be allocated between the two or more purposes on the basis of
engineering studies. [1965 c.623 §16; 1969 c.691 §9]
     553.623
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 §46]
     553.625
Levy and collection of tax authorized by ORS 553.620. The ad valorem tax provided for in ORS
553.620 shall be levied and collected in the manner otherwise provided by law
for the levy and collection of real property taxes. The board shall prepare a
budget in the form, manner and time prescribed in ORS 294.305 to 294.565 (the
Local Budget Law), for the district and for each subdistrict for which taxes
are to be levied and assessed, and in accordance therewith shall fix the amount
of money to be raised by taxation for the district and for each subdistrict.
Thereafter the levy shall be equalized and the tax collected and turned over to
the district as otherwise provided by law for public corporations. [1965 c.623 §17]
     553.630
Terms and conditions of bonds; bond register. (1) The bonds issued shall be numbered consecutively, commencing with
number 1. They shall mature serially in annual amounts so as to be
approximately equal, principal and interest, commencing not more than five
years and extending not more than 50 years after the date of issue, as the
board of directors may determine, or in case the board deems it advisable to
submit the question of maturities at the bond election, then as the electors
may determine. They shall be negotiable in form. The bonds may be issued when
so authorized by the electors so as to include a sum sufficient to pay the
first four yearsÂ’ interest, or less, to accrue on the bonds.
     (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. The bonds shall be
signed by the president and secretary. Coupons for interest shall be attached to
each bond, and may be signed with the printed, lithographed or engraved
facsimile signature of the secretary.
     (3) The secretary of the district shall
register the bonds in books kept in the office of the secretary for that
purpose, and therein must be stated the number, date, amount of bond, time and
place 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 provide that any bond of the district shall bear a
registration certificate by the secretary. [1965 c.623 §20; 1969 c.691 §10;
1991 c.459 §431d]
     553.635
Contract provisions for payment of government construction charges. The contract provisions for the payment of
construction charges to the United States, and the bonds securing the payment
of the same, if any are issued and deposited, may be of such denomination and
may call for the payment of such interest not exceeding six percent per annum,
may provide for such installments and for repayment of the principal at such
times, as may be required by the federal laws and as may be agreed upon between
the board and the appropriate federal agency. [1965 c.623 §21]
     553.640
     (2) The board may by resolution entered on
its records cancel any bonds which may have been voted or issued which have not
been sold or deposited as security for funds advanced or to be advanced, and
which the state,
     553.643
Bond given for federal loan; form; terms. The district may borrow from the United States or an agency thereof,
by furnishing the agency with a single bond or other evidence of indebtedness
in such form and on such terms as are required by the federal laws and as may
be agreed upon between the board and the federal agency. [1969 c.691 §12; 1991
c.459 §431e]
     553.645
Payment from annual taxes and assessments of bond-related amounts due
government. The bonds and
the interest thereon and all payments due or to become due to the United States
under any contract between the district and the United States, accompanying
which bonds of the district have not been deposited with the United States, and
all obligations for the payment of money authorized and incurred under this
chapter, shall be paid by the revenue derived from the annual charges upon the
owners or occupants of, or taxes or assessments upon, the land in the
subdistrict. All the owners or occupants or lands in the subdistrict shall be
and remain liable to be charged, taxed or assessed for such payments as
provided in the Water Control District Act and under and subject to the
provisions thereof. [1965 c.623 §23; 1991 c.459 §431f]
     553.650
Property liable for indebtedness of district. In addition to the provisions for the payment of bonds and interest by
taxation and other provisions of this chapter, all the property of the
subdistrict, including irrigation and other works, shall be liable for the
indebtedness of the subdistrict. The holder of the bonds, or the United States
in case contract has been executed by the United States, may, in case of
default 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
works of the subdistrict and operate the same until the amount in default is
fully paid. [1965 c.623 §24]
     553.655
Bond elections in subdistricts.
(1) Upon order of the board, an election shall be held in the subdistrict to
determine whether bonds in any amount the board may deem necessary shall be
issued for any purpose necessary or convenient in carrying out the provisions
of this chapter, including the refunding of outstanding bonds.
     (2) If a majority of the votes cast at the
election approve the issuance of the bonds, the board shall cause bonds in that
amount to be issued, or such portion thereof as may be necessary from time to
time. If the majority of the votes cast disapprove issuance of the bonds, the
result of the election shall be entered of record.
     (3) Whenever thereafter the board in its
judgment deems it for the best interest of the subdistrict that the question of
the issuance of bonds in any amount shall be submitted to the electors, it
shall so declare of record in its minutes, and may thereupon submit such
questions to the electors in the same manner and with like effect as at the
previous election. [1965 c.623 §§18,19; 1971 c.647 §122]
     553.660
Tax or assessment as lien on property. Any tax or assessment upon land shall be a lien against the property
assessed or taxed, and such lien for all payments due or to become due under any
contract with the United States or for the payment of principal or interest of
bonds deposited with the United States shall be a preferred lien to any
assessments for bonds issued subsequent to the date of such contract or the
issuance of the bonds deposited with the United States. No subdistrict tax or
assessment lien shall be removed until the assessments or tax is paid with
interest and penalties or the property sold for the payment thereof. [1965
c.623 §25]
     553.665
Bond Fund; Bond and
     553.670
Process for issuance of bonds.
Bonds authorized by this chapter shall be issued in the manner prescribed in
ORS chapter 287A. [1965 c.623 §27; 1997 c.171 §21; 2007 c.783 §220]
CONTRACTS
WITH OTHER GOVERNMENTAL UNITS FOR CONSTRUCTION OF WORKS
     553.710
Intergovernmental agreements; levy of tax to meet obligations. After the creation of a subdistrict, and
with the approval of the electors of the subdistrict, a water control district
may enter into intergovernmental agreements under ORS chapter 190 for the
construction of works within the subdistrict or outside of the subdistrict for
the benefit of lands within the subdistrict. If by reason of an
intergovernmental agreement a district becomes obligated to contribute all or
any part of the cost of constructing such works or to furnish rights of way or
to pay for the cost of improvements to be made in conjunction with the
construction of such works or to maintain and operate the works after the
construction thereof, the district may levy an ad valorem tax against the lands
within the subdistrict for the purpose of raising funds with which to discharge
its obligations under the agreement and to pay the costs and expenses incurred
by the district in connection therewith. The levy of an ad valorem tax for such
purposes shall be in lieu of and not in addition to any other method of levying
assessments by a water control district. [Amended by 1991 c.459 §431h; 2003
c.802 §142]
     553.720
Manner of collecting tax; budget; equalizing levy. The ad valorem tax provided for in ORS
553.710 shall be levied and collected in the manner otherwise provided by law
for the levy and collection of real property taxes. The board shall prepare a
budget in the form, manner and time prescribed in ORS 294.305 to 294.520,
294.555 and 294.565 (the Local Budget Law), for each subdistrict for which
taxes are to be levied and assessed, and in accordance therewith shall fix the
amount of money to be raised by taxation for each subdistrict. Thereafter the
levy shall be equalized and the tax collected and turned over to the district
as otherwise provided by law for public corporations.
     553.730
Limitation on tax levy. No
levy of an ad valorem tax under ORS 553.710 for any one year shall exceed
one-half of one percent (0.005) of the real market value of all taxable
property within the subdistrict, computed in accordance with ORS 308.207. If
the total sum of money required to be raised under the terms of a contract
entered into by a district, together with the sum of money to be raised to pay
the costs and expenses of the district incurred in connection therewith,
exceeds such limitation, a levy for each year thereafter shall be made by the
district until the entire contract obligation has been discharged. [Amended by
1963 c.9 §31; 1991 c.459 §432]
     553.740
Issuance of warrants. After
the amount of a levy under ORS 553.710 is determined and turned over to the
county assessor, a district may issue warrants to an amount not in excess of 75
percent of the amount of the levy. The warrants shall be serially numbered and
shall bear interest of not more than six percent and shall be paid by the
treasurer of the district in the order of issuance upon receipt of funds from
the county treasurer.
     553.750
Loan contracts with state or federal agencies; obligation of district;
recording certificates. (1)
Whenever a district has adopted, as the engineering plan for a subdistrict, a
project work plan prepared for the subdistrict by a department of the federal
government, and in connection with the development of such plan desires to
borrow money from any state or federal agency, such district may, in lieu of
levying a preliminary assessment, and with the approval of the electors of the
subdistrict, enter into a loan contract with such agency.
     (2) 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 a construction assessment against each
tract of land benefited within the subdistrict, to do all acts and things
necessary therefor, to assign to the lending agency the construction
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.
     (3) In the event that 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 construction
assessments, to obtain or prepare a benefit roll, to assign the construction
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 subdistrict 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 construction assessments in addition to
such construction assessments.
     (4) Upon the execution of a loan contract,
the district shall record with the county clerk for the county in which the
lands within the subdistrict are located, 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 subdistrict, the term of the loan
and the rate of interest. Such certificate shall give notice that all lands
within the subdistrict determined to be benefited by the construction of the
works referred to in the engineering plan will be subject to construction
assessments thereafter to be levied. [1961 c.186 §2; 1991 c.459 §432a]
     553.760
When land benefited by irrigation project. 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 shall be recorded with the county
clerk of the county in which such lands are located and the recording of the
contract shall constitute notice that such lands are subject to all maintenance
and operation assessments thereafter levied and all other assessments thereafter
or theretofore levied by the district. [1961 c.186 §3]
     553.810 [Repealed by 1969 c.691 §13]
APPEALS
     553.815
Judicial review of tax or assessment. Owners of any property against which an assessment or tax has been
levied may seek a review thereof under ORS 34.010 to 34.100. [1969 c.691 §15]
     553.820 [Repealed by 1969 c.691 §13]
DISSOLUTION
     553.850
Dissolution upon majority vote.
Any water control district may be dissolved whenever a majority vote of the
electors of the district voting at an election for such purpose favors the
dissolution. [1965 c.623 §28]
     553.855 [1965 c.623 §29; repealed by 1971 c.727 §203]
     553.860 [1965 c.623 §30; repealed by 1971 c.727 §203]
     553.865 [1965 c.623 §31; repealed by 1971 c.647 §149]
     553.870 [1965 c.623 §32; repealed by 1971 c.727 §203]
     553.875 [1965 c.623 §33; repealed by 1971 c.727 §203]
     553.880 [1965 c.623 §34; repealed by 1971 c.727 §203]
     553.885 [1965 c.623 §§35,36; repealed by 1971 c.727 §203]
     553.890 [1965 c.623 §37; repealed by 1971 c.727 §203]
     553.895 [1965 c.623 §38; repealed by 1971 c.727 §203]
     553.900 [1965 c.623 §39; repealed by 1971 c.727 §203]
     553.905 [1965 c.623 §40; repealed by 1971 c.727 §203]
     553.910 [1965 c.623 §41; repealed by 1971 c.727 §203]
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