Chapter 545 — Irrigation
Districts
2011 EDITION
IRRIGATION DISTRICTS
WATER LAWS
GENERAL PROVISIONS
545.001 Short
title
545.002 Definitions
545.007 Voting
rights
FORMATION OF DISTRICTS
545.025 Purposes
of irrigation district; process for formation
545.029 Hearing
of petition by county court; authority as to boundaries of district; lands
included; order; formation of district without election
545.033 Naming
and division of districts
545.037 Notice
of election for determining organization of district; contents; publication;
mailing
545.041 Conduct
of election; contents of nominating petition; verification of electors by
county assessor; order declaring result; inclusion of portion of district in
another district; commencement of duties by directors
545.043 Qualifications
of directors; terms of office; oath
CHANGE OF DISTRICT BOUNDARIES
(Generally)
545.051 Change
of boundaries authorized; effect on existing rights and liabilities
(Addition of Land)
545.057 Petition
for inclusion of lands within district
545.059 Notice
of petition; publication; deposit for costs
545.061 Hearing
on petition
545.067 Liability
of petitioners for obligations of district
545.071 Acceptance
or rejection of petition; inclusion of land when owner objects
545.075 Requirements
that may be imposed upon petitioners in western Oregon district; charges or
assessments
545.079 Recording
of order including lands in district; effect of order; appeal
545.085 Record
of petition; admissibility in evidence
545.089 Redivision
of district; election of directors
545.091 Inclusion
of lands not subject to charges of district
(Subdistricts)
545.093 Creation
of subdistricts; purpose; change in subdistrict boundaries
545.094 Engineering
plan for improvements within subdistricts; notice; hearing; remonstrance
545.095 Charges
or assessments for improvements within subdistrict
(Exclusion of Land)
545.097 Exclusion
of tracts; effect on status of district, rights and liabilities
545.099 Petition
for exclusion of lands from district; approval by board; payment of costs of
exclusion
545.101 Exclusion
of subdivisions with three or more tracts on each acre of land; exceptions
545.105 Assent
of bondholders; acknowledgment; filing; recording
545.109 Recording
minutes of board
545.113 State
agency to pay assessment and charges or to petition for exclusion
545.123 Redivision
of district; election of director
545.126 Liability
of excluded lands for district’s obligations
(Union or Merger of Districts)
545.131 Union
or merger of districts; petition; approval of board; election; indebtedness
DISTRICT ELECTIONS AFTER FORMATION
(Generally)
545.135 Elections
subsequent to organization of district; election of directors
545.137 Notices
of election; board of election; place of holding election; nomination of
candidates; advertising openings on district board; certificate of election to
sole candidate; ballots
545.139 Board
of election; polls; ballots
545.141 Conduct
of election; challenge and verification of qualifications of elector; counting
ballots
545.145 Certificate
of vote; stringing of ballots; sealing of returns; delivery to board secretary;
recount
545.149 Canvass
of returns; standard for rejecting certain election documents; canvass to be in
public
545.153 Statement
of result; contents; certificate of election; effect of informalities in
conduct of election
(Elections by Mail)
545.163 Procedures
for conducting election by mail
(Electoral Districts)
545.167 Division
of district for election of directors; procedure
545.169 Election
of directors from newly created divisions
545.171 Election
precincts in divisions; alteration
BOARD OF DIRECTORS
(Organization)
545.181 Organization
of board; officers; establishment of meeting dates; collection, custody and
disbursement of moneys
545.183 Compensation
and expenses of officers and employees; membership fees in associations
545.185 Meetings
of board; quorum; public inspection of records
545.187 Vacancy
in office when director ceases to be resident or landowner; appointment of successor
545.188 Filling
vacancy in office of director
545.189 Recall
of director; procedure; required number of signatures for recall petition
(Change in Number of Directors)
545.199 Increase
in number of directors upon determination of board or petition; election on
increase
545.203 Election
of additional directors; terms of office
545.207 Redivision
of district upon increase in directors; representation of divisions; voting
qualifications
545.211 Decrease
in number of directors; redivision of district; terms of office
(General Powers and Duties)
545.221 Powers
and duties of board as to management of district; water deliveries
545.225 Contracts;
conveyances; suits; judicial knowledge concerning district; audit reports
POWERS OF DISTRICTS
(Acquisition of and Entry Onto Land)
545.237 Right
to enter upon lands for inspection and maintenance of water works
545.239 Right
to enter upon and acquire lands and water rights; right of condemnation
545.241 Bond
or other security as condition of immediate possession in condemnation by
irrigation or drainage district
545.245 Right
to immediate possession in condemnation proceeding
545.249 Right
to condemn for irrigation purposes is a superior right
545.253 Title
to and rights in property acquired
545.257 Authority
of irrigation district to acquire domestic or municipal water works; assumption
of obligations; sale of surplus water; impairment of irrigation service
forbidden
(Distribution of Water)
545.271 Furnishing
water
545.275 Lien
on crops for water supplied for irrigation; enforcement; attorney fees
545.279 District
may require water control devices and measuring devices; notice to water user;
objections; hearing
545.283 Joinder
of districts in acquisition or construction of irrigation or other water use
works
545.287 Directors
may construct or maintain improvements, levy assessments or provide for charges
545.291 Apportionment
of water to tracts; employment of person to distribute water; assessment or
charge; lien on land
545.293 Resolution
for water distribution works or services; hearing of objections; construction,
repair or maintenance of improvement; apportionment of costs; assessment
545.295 Conditions
required in certain districts before delivering water to additional lands;
order; charges and assessments
(Finances)
545.301 Financing
acquisition of water works; contracts with federal government; approval by
electors
545.303 Water
works system to be self-sustaining; payment of indebtedness; rates; separate
accounts
545.305 Election
concerning acquisition of water works
545.307 Investment
of surplus funds in federal or state bonds
(Construction of Improvements)
545.315 Petition
to construct improvements for irrigation; contents; assent of petitioners to
assessment of cost of improvement
545.319 Elections
on question of constructing improvement; resolution of directors
545.323 Majority
of votes required to approve construction of improvement; cost; apportionment;
assessment
(Miscellaneous)
545.335 Drainage
works; construction authorized; powers of districts; designation of bonds
DEVELOPMENT OF DISTRICT LANDS BY UNITED
STATES
545.343 Obligations
or contracts with United States under Reclamation Act; acquisition of federal
lands
545.345 Conveyance
of lands to United States
545.347 Obligations
or contracts with United States under Fact Finders’ Act
545.349 Authority
to transfer land to federal government for development and colonization;
repayment of expenditures; levy of assessments; funds; contracts with federal
government
545.351 Acquisition
of lands from owners; crediting of value on charge against remainder of land
545.355 Proceedings
on extension or cancellation of payments due federal government
545.359 Contracts
with federal government for flood control works
SALE OF DISTRICT PROPERTY
545.365 Disposition
of real property acquired by district; sale to member of board or employee
prohibited
545.367 Authorization
of sale of property, excess water or hydroelectric power
545.369 Release
of lien of bonds; form; acknowledgment by bondholders; copy of release as
evidence
545.371 Consent
of bondholders; notice requiring presentation of objections; implication of
consent; hearing of objections by directors
545.373 Proceeds
of sale; special fund; uses of moneys
545.375 Purchaser
rights; power of directors respecting contracts and instruments relating to
transfer
CHARGES AND ASSESSMENTS
(Generally)
545.381 Annual
assessments; computation of amount to be raised; apportionment; determination
of acreage and assessments; credit for water rights
545.385 Certain
lands may be assessed at different amounts; additional service charge
545.387 Assessment
on benefit basis; determination of benefits
545.389 Deduction
for rights or property required by district; assessments pending construction
545.391 Assessments
for contracts with United States
545.393 Resolution
concerning assessments for payment to United States; publication; collection by
county officers
545.395 Development
of district by units; apportionment of assessments; inclusion of noncontiguous
land; assessment of reclaimed or improved lands for district obligations
545.397 Districts
developed by units; validation
545.399 Contract
with United States; annual assessments or direct billings
545.401 Deposit
of moneys in special fund; uses
(Assessment Procedure)
545.413 Record
of assessments and apportionments; error in description; evidence
545.416 Equalization
of assessment and apportionment of taxes; notice of time of meeting of board;
public inspection of list
545.418 Meeting
of board; duration; hearing and determination of objections to assessments and
apportionment; changes
545.420 Certification
of assessments to county assessors; entry on assessment roll; collection of
taxes; deposit of sums collected; disbursements from fund; taxation of state
and federal lands
545.422 Nonperformance
by board; assessment, levy and equalization by county court
545.424 Validation
of assessments; defective entry on assessment roll; lands partly outside
district
545.426 Misnomer
or mistake relating to ownership not to affect sale
545.428 Collection
of assessments by board secretary; purpose; treatment of unpaid assessments
545.430 Objections
by bondholders; payment from funds otherwise obtained
(Unpaid Assessments)
545.460 Withholding
water while assessments are unpaid; accepting security for payment of
assessments
545.462 Cancellation
or compromise of assessment liens on lands acquired by county for taxes
545.464 Order
to tax collector to cancel or change liens; correction of delinquent tax rolls
545.466 Effect
of ORS 545.462 and 545.464 on existing laws
(Exemptions)
545.468 Exemption
of parcel of land from payment of charge or assessment; qualification of owner
of excluded parcel as district elector
(Charges for Water Supply and Retirement
of Warrants)
545.471 Charges
for water supply; rates; collections and disbursements; basis of charges
545.473 Districts
providing for collection of charges by board secretary; levy of percentage of
annual rates
545.475 Lands
subject to assessment
545.477 Collection
of charges; acceptance of district warrants; disposal of moneys collected
545.479 Provisions
not exclusive nor operative to relieve district of duty respecting obligations
ALTERNATIVE METHOD OF COLLECTING
INCURRED CHARGES
545.482 Authorization
of method for billing and collecting incurred charges
545.484 Computation
of amount to be raised; apportionment of charges; fixing due date and
delinquency date; fee for other services
545.487 Pressurization
charge; application to certain lands; apportionment
545.494 Unpaid
charge as lien on land; priority respecting other liens and claims
545.496 Collection
of incurred charges; withholding of water until payment; interest on unpaid
charges
545.498 Surety
bond to be given by board secretary prior to handling district funds
545.502 Foreclosure;
procedure; redemption after sale; attorney fees
545.504 Redemption
of land upon or prior to foreclosure sale
545.506 Payment
of taxes by district; amount paid added to lien
545.507 Borrowing
for payment of operation and maintenance costs
545.508 Moneys
collected; deposit; separation of funds; disbursements
BONDS; CONTRACTS WITH STATE OR FEDERAL
GOVERNMENT
(Authorization for Bonds or Contracts)
545.511 Authorization
of bonds, including refunding bonds; contract with state or with United States;
election; notice
545.513 Resubmission
of questions to electors; contracts not requiring vote
545.515 Bonds;
interest included in authorized amount
545.517 Bonds
securing payments to United States
545.519 Issuance
of bonds; cancellation of bonds
545.521 Bonds
of districts organized before 1925 with indebtedness of $50,000; retirement of
outstanding bonds as condition of further indebtedness; authorization and sale
of refunding bonds; application of proceeds; redemption
(Bonds and Contracts as General
Obligations)
545.529 Bonds
and payments payable from assessments; liability of lands
545.532 Increase
of assessments to meet defaults; property liable for indebtedness; possession
of works upon default
(Payment of Assessments for Bonds and Contract
Obligations)
545.535 Lien
against assessed lands; priority
545.537 Sale
of lands for delinquency; purchase by district
545.539 Bond
sinking funds; other funds
545.541 Retirement
of bonds prior to maturity
545.545 Determination
of liability of individual tracts for bonded indebtedness; acceptance of bonds
and cash in payment
(Issuance of Bonds by Certain Districts)
545.551 Application
of ORS 545.553 and 545.555
545.553 Petition
for election on authorization and issuance of bonds
545.555 Holding
election; notice
545.557 Bonds;
maturities; reserves; interest; trustees
545.559 Bonds
and coupons to be negotiable instruments
ALTERNATIVE METHOD OF ISSUING BONDS
545.565 Refunding
bonds; procedure
545.567 Determination
of liability for assessment to pay bonds; determination on basis of irrigable
area or benefits accrued
545.569 Amounts
paid to owners for property or rights
545.571 Notice
of determination; publication; contents
545.573 Equalization
of assessments; hearings
545.575 Order
determining benefits; order of assessment; “benefit surplus” defined
545.577 Notice
of proceedings; appeal to circuit court; notice and summons
545.579 Pleadings;
trial; appeal; finality of assessment order
545.581 Assessment
installments
545.585 Bonds;
issuance; purposes; form; amortization; maturities; negotiability; numbering;
interest; denomination; registration; amount maturing annually; retirement
545.589 Recording
of assessments; bond lien docket; payment by bonds or coupons; interest on
unpaid assessments; lien on land; priority
545.595 Payment
of assessment; relief from further assessment
545.599 Five-year
additional assessment; emergency assessments; emergency fund
545.603 Entry
on assessment roll; lien on land; collection; disposal of moneys collected;
liability of land sold for taxes; exception
545.607 Retirement
of bonds before maturity
545.617 Sale
of land for delinquent assessments; district as purchaser; payment of proceeds
into emergency fund; purchase price paid by district
545.621 Exchange
of refunding bonds for outstanding indebtedness; exchange of interest
certificates for bonds
545.629 Declaration
of intent to dispose of bonds; resolution; notice of sale; publication
545.631 Consent
of creditors to refunding of indebtedness
545.633 Obtaining
constructive consent of unknown or dissenting creditors; petition
545.635 Notice
of court proceeding to obtain constructive consent; effect of failure to file
objection
545.637 Hearing
on petition; judgment; trustee
545.639 Nature
of proceeding; appeal; nonprejudicial errors; costs
ALTERNATIVE METHOD OF LIQUIDATING
INDEBTEDNESS
545.643 Contract
providing plan of liquidation; resolution; investigation by and approval of
Water Resources Commission
545.645 Terms
of contract; parties; execution
545.647 Recording
of contract; effective date; preeminence of contract with respect to rights and
liabilities
545.649 New
contract in lieu of previous contract
545.651 Constructive
consent of holders of outstanding indebtedness; procedure for obtaining
consent; petition
545.655 Notice
of petition and terms of contract; failure to file dissent; effect
545.659 Hearing
on petition; judgment; trustee
545.663 Nature
of proceeding; appeal; nonprejudicial errors; costs
545.667 State
Treasurer as depository
ADDITIONAL METHOD OF LIQUIDATING
INDEBTEDNESS
545.671 Contract
providing plan of liquidation; resolution of directors
545.673 Terms
of contract
545.675 Parties
to contract; execution
545.677 Election
authorizing directors to enter into contract
545.679 Recording
of contract; effective date; preeminence of contract with respect to rights and
liabilities
CLAIMS AGAINST DISTRICTS
545.683 Submission
of claims to board; drawing of warrants; payment; lack of funds; interest on
warrants; debts payable by warrants; receipt of warrants, bonds and interest
coupons in payment of charges; amount of outstanding warrants; monthly report
of district finances
545.685 Establishing
bank account for payment of labor and emergency expenses
GENERAL PROVISIONS
545.001 Short title.
This chapter may be referred to as the Irrigation District Law. [1995 c.42 §1]
545.002 Definitions.
As used in this chapter:
(1)
“Board” or “board of directors” means the governing body of a district.
(2)
“District” means an irrigation district organized or operating under this
chapter.
(3)
“Owner of land” or “elector” includes every person 18 years of age or older,
whether a resident of the district or state or not, who is an owner or a vendee
under a contract of purchase of land situated within the district and subject
to the charges or assessments of the district. [Amended by 1993 c.771 §3; 1995
c.42 §2]
545.004
[Amended by 1967 c.503 §1; 1993 c.771 §4; 1995 c.42 §4; renumbered 545.025 in 1995]
545.006
[Amended by 1993 c.771 §5; 1995 c.42 §5; renumbered 545.029 in 1995]
545.007 Voting rights.
(1) In any matter requiring or allowing a vote of the owners of land or the
electors of a district:
(a)
If ownership is in estates by the entirety, tenants in common, or in other
cases of multiple ownership, only one vote shall be allowed on behalf of all
the owners under each multiple ownership. The vote may be cast by any one of
the multiple owners. When two or more persons attempt to cast a vote under this
paragraph, only the vote of the person who first casts a vote shall be counted.
(b)
Any corporation may vote as a single owner of land through any officer or agent
when the officer or agent is authorized to vote by the corporation and the
written authorization is filed with the secretary of the board of directors of
the district.
(c)
Any general partnership, limited partnership or limited liability company may
vote as a single owner of land through any general partner, member or agent
when the general partner, member or agent is authorized to vote by the entity
and written evidence of the authority of the general partner, member or agent
is filed with the secretary of the board of directors of the district.
(d)
Any trustee of a trust, guardian, administrator or executor authorized to act
as such of a person or estate owning land within the district shall be
considered an owner of land for the purposes of the Irrigation District Law,
when the owner in fee is not otherwise entitled to vote.
(e)
An owner of land or elector may vote according to the total amount of acreage
within the district owned by the owner or elector that is subject to the
charges or assessments of the district on the basis of:
(A)
One vote for up to 40 acres;
(B)
Two votes for 40 acres or more but not more than 160 acres; and
(C)
Three votes for more than 160 acres.
(f)
When a district is divided into divisions under ORS 545.033 or 545.207 and
voting is by the qualified electors within a division for a director from that
division, an elector who is permitted under ORS 545.207 to vote in that
division may cast the number of votes under subsection (1)(e) of this section
that represents the total amount of eligible acreage owned by the elector
within the whole district.
(2)
The weighted voting provisions of subsection (1)(e) of this section do not
apply in an election for the formation of a district and for its initial board
of directors under ORS 545.041 and 545.043 (1). In such an election, each owner
of land is entitled to cast one vote. [1995 c.42 §3; 1995 c.754 §3; 1999 c.452 §4]
545.008
[Amended by 1995 c.42 §6; renumbered 545.033 in 1995]
545.010
[Amended by 1967 c.503 §2; 1991 c.249 §54; 1993 c.771 §6; 1995 c.42 §7;
renumbered 545.037 in 1995]
545.012
[Amended by 1993 c.771 §7; 1995 c.42 §8; 1995 c.754 §4; renumbered 545.041 in
1995]
545.014
[Amended by 1969 c.669 §13; 1989 c.182 §6; 1995 c.42 §9; renumbered 545.043 in
1995]
545.016
[Amended by 1969 c.345 §12; repealed by 1989 c.182 §49]
545.018
[Amended by 1959 c.348 §1; 1993 c.771 §8; 1995 c.42 §44; renumbered 545.199 in
1995]
545.020
[Amended by 1995 c.42 §45; renumbered 545.203 in 1995]
545.022
[Amended by 1953 c.233 §2; 1993 c.771 §9; 1995 c.42 §46; renumbered 545.207 in
1995]
545.024
[Amended by 1995 c.42 §47; renumbered 545.211 in 1995]
FORMATION OF DISTRICTS
545.025 Purposes of irrigation district;
process for formation. (1) When owners of land that is
irrigated or susceptible to irrigation desire to provide for the construction
of works for irrigation of their land, to provide for the reconstruction,
betterment, extension, purchase, operation or maintenance of works already
constructed, or to provide for the assumption of indebtedness to the United
States incurred under the federal reclamation laws on account of their lands,
they may propose the organization of an irrigation district under the
Irrigation District Law by signing a petition and filing it with the county
court of the principal county, as defined in ORS 198.705. The petition must be signed
by a majority of the owners of land or 50 owners of land within the exterior
boundaries of the proposed district.
(2)
The petition shall set forth:
(a)
A statement that the petition is filed for the formation of an irrigation
district under the Irrigation District Law;
(b)
The name of the proposed district;
(c)
A description of the exterior boundaries of the proposed district. The
description may be by metes and bounds, quarter quarter section lines or
assessor’s map and tax lot numbers;
(d)
A statement declaring whether the district board of directors shall consist of
three or five members and, if three members, whether the district shall be
subdivided for the election of directors or whether directors shall be elected
at large; and
(e)
A request that proceedings be taken for the formation of the district.
(3)
ORS 198.760, 198.765, 198.770 and 198.775 apply to petitions for the formation
of an irrigation district, except that an economic feasibility statement is not
required.
(4)
The circulator shall certify on each signature sheet that the circulator
witnessed the signing of the signature sheet by each individual whose signature
appears on the signature sheet.
(5)
A description and map of all of the lands that are included within the proposed
district and that will be subject to the charges and assessments of the
district, together with the names and mailing addresses of all of the owners of
the lands, shall be included in the petition or attached to the petition as an
exhibit. Reference to the assessor’s map and tax lot number is sufficient for
the description of lands required under this subsection.
(6)
When the petition for formation is filed with the county court of the principal
county, the county court shall set a date for a hearing on the petition. The
date set for the hearing shall be not less than 30 days nor more than 50 days
after the date on which the petition is filed. The county court shall cause
notice of the hearing to be posted in at least three public places in the
county and published by two insertions in a newspaper. The notice shall state:
(a)
The purpose for which the district is to be formed.
(b)
The name and boundaries of the proposed district.
(c)
The time and place for the hearing on the petition.
(d)
That all interested persons may appear and be heard.
(7)
If the petition is signed by all of the owners of all of the lands that are
included within the proposed district and that will be subject to the charges
and assessments of the proposed district, publication of the notice of the
hearing on the petition is not required. A petition signed by all of the owners
of all of the lands that are included within the proposed district and that
will be subject to the charges and assessments of the proposed district may
also contain the names of persons desired as the members of the first board of
directors of the proposed district, the initial term of office of each director
and a written statement from each of those persons in which the person agrees
to serve as a director of the proposed district.
(8)
If an elector is not a resident of the district or this state, a legal
representative of the owner of land, including an individual acting pursuant to
a power of attorney, may sign a formation petition for and on behalf of the owner.
[Formerly 545.004; 1999 c.318 §32; 1999 c.452 §5; 2007 c.848 §27]
545.026
[Amended by 1993 c.771 §10; 1995 c.42 §31; 1995 c.754 §5; renumbered 545.137 in
1995]
545.028
[Amended by 1967 c.609 §5; 1979 c.190 §427; 1995 c.42 §32; renumbered 545.139 in
1995]
545.029 Hearing of petition by county
court; authority as to boundaries of district; lands included; order; formation
of district without election. (1) When the
petition for formation of an irrigation district is filed, the county court
shall hold the hearing required under ORS 545.025 (6). The county court may
adjourn the hearing from time to time, but the hearing shall not be extended
over a period exceeding four weeks. At the end of the hearing, the county court
may make such changes in the proposed boundaries as the court may find proper,
and shall establish and define the boundaries, subject to the following:
(a)
An irrigation district may not include land that is located within a city or
platted subdivision and that is chiefly available for residence purposes. The
restriction imposed by this paragraph is expressly limited to residence
property, and all lands, whether wholly or partially within any city or platted
subdivision, used or suitable for agricultural or horticultural purposes and not
platted in tracts of less than one acre, may be included in a district.
However, if an irrigation district is formed as a successor district to another
water supply entity and if that entity provides water for irrigation to land
within any city or platted subdivision, the restriction imposed by this
paragraph does not apply to such land that is served by the water supply entity
at the time of formation of the irrigation district.
(b)
The county court shall not modify the boundaries so as to exclude any territory
within the boundaries of the district proposed by the petitioners that is
susceptible to irrigation by the same system of works applicable to other lands
in the proposed district.
(c)
In the discretion of the county court, an owner of land that is susceptible to
irrigation from the same system of works may, upon written application of the
owner, have the land included in the district.
(2)
At the end of the hearing, the county court shall make and enter an order
determining whether the requisite number of owners of the land within the
proposed district have petitioned for its formation, and whether the notice
required under ORS 545.025 (6) has been duly published.
(3)
If the county court finds that the petition is signed by all of the owners of
all of the lands that are included within the proposed district and that will
be subject to the charges and assessments of the proposed district and if the
only modifications of district boundaries are at the request of owners of land
seeking inclusion under subsection (1)(c) of this section, the county court
shall enter an order creating the district and the election otherwise required
by ORS 545.037 shall not be held. If the petition for formation also names
persons desired as members of the first board of directors of the district and
those persons have agreed in writing to serve as directors, the order shall
declare those persons to be the directors of the district. [Formerly 545.006]
545.030
[Amended by 1993 c.771 §11; 1995 c.42 §33; 1995 c.607 §85; 1995 c.754 §6;
renumbered 545.141 in 1995]
545.032
[Amended by 1995 c.42 §34; 1995 c.754 §7; renumbered 545.145 in 1995]
545.033 Naming and division of districts.
(1) The order of the county court shall designate the name of the district. The
name of the district may be changed by the county court at any time thereafter
upon petition of the board of directors of the district accompanied by either
the consent, in writing, of a majority of the owners of lands within the
district or by the certificate of the secretary of the district certifying
that, at a regular or special election called and held in the district for any
purpose provided by law, the proposed change of name was approved by a majority
of the electors voting upon the question of change of name. The secretary of
the district shall cause a certified copy of the order to be recorded in the
office of the county clerk of the county or counties in which the district is
located.
(2)
If the petition provides for a five-member board of directors or provides for a
three-member board of directors for a subdivided district, the county court
shall divide the district into the required number of divisions. Each division
shall be as nearly equal as practicable in the number of acres that will be
subject to the charges or assessments of the district. The county court shall
define and particularly describe division boundaries and make use, insofar as
may be desirable, of any natural boundaries that may exist in the district. The
divisions shall be numbered. [Formerly 545.008; 1999 c.452 §6]
545.034
[Amended by 1995 c.42 §35; renumbered 545.149 in 1995]
545.036
[Amended by 1995 c.42 §36; renumbered 545.153 in 1995]
545.037 Notice of election for determining
organization of district; contents; publication; mailing.
(1) Except when an election is not required as provided in ORS 545.029 (3), the
county court shall give notice of an election to be held in the proposed
district for the purpose of determining whether or not the district shall be
organized under the Irrigation District Law and for the purpose of electing an
initial board of directors. The notice shall describe the boundaries
established for the district. However, if the county court, in the order
defining the boundaries, orders that they need not be described in the notice,
the notice shall refer to and incorporate by reference the boundaries
established by the order of the county court under ORS 545.029 and on file in
the office of the county clerk of the county in which the district is located.
The notice shall designate the name of the proposed district, state the date of
the election, the board positions to be voted upon and the latest date on which
candidates for election as board members may file petitions for nomination. The
notice shall be published once each week, commencing not later than the 50th
day before the election, for at least four consecutive weeks in a newspaper of
general circulation in the county. If any portion of the district lies within
another county, then the notice shall be published in a newspaper of general
circulation in each county in the same time and manner. The notice shall
require the electors to cast ballots which contain the words “Irrigation
District – Yes,” and “Irrigation District – No,” or equivalent words. During the
period in which the notice is published, the county clerk shall send a copy of
the notice by registered mail or by certified mail with return receipt to each
owner of land identified in the petition for formation under ORS 545.025 (5)
who has not joined in the petition for organization of the district. The
provisions of this subsection relating to mailing notices are directory and not
jurisdictional.
(2)
In lieu of including a description of the lands within a district or the
boundaries of a district in the notice of election, the county court or board
of directors calling an election in an irrigation district may direct that the
notice refer to the order calling the election and incorporate by reference the
description of the district boundaries contained in the order. [Formerly
545.010; 1999 c.452 §7]
545.038
[Amended by 1979 c.562 §18; 1995 c.42 §37; renumbered 545.156 in 1995]
545.040
[Repealed by 1995 c.42 §184]
545.041 Conduct of election; contents of
nominating petition; verification of electors by county assessor; order
declaring result; inclusion of portion of district in another district;
commencement of duties by directors. (1) The
election shall be conducted, as nearly as practicable, in accordance with the
general election laws of the state, except that the provisions of the election
laws as to the form of ballot and as to the nomination of candidates shall not
apply. No particular form of ballot shall be required. An absent elector may
obtain an absentee ballot and vote, as nearly as practicable, in the manner
provided for absentee electors in ORS chapter 253.
(2)(a)
Nominations for candidates for the board of directors may be made by petition,
signed by at least 10 electors in the proposed district or division who are
qualified to vote for the directors nominated by them. Nominations may also be
made at an assembly of not less than 25 electors.
(b)
Not more than one of the electors of a multiple ownership as described in ORS
545.007 (1)(a) may sign a nominating petition or vote at an assembly.
Nominations by petition or by assembly shall be filed with the county assessor
before they are filed with the county clerk under this subsection. If a
nomination is made at an assembly, the nomination shall be filed under this
paragraph with a list of the names and addresses of the electors who voted at
the assembly. The county assessor shall verify that not more than one of the
electors of a multiple ownership as described in ORS 545.007 (1)(a) has signed
a nominating petition or voted at an assembly. The county assessor shall
provide written confirmation of the assessor’s verification to the person
filing the nomination.
(c)
Nominations by petition or by assembly shall be filed with the county clerk at
least 35 days next preceding the date of election. The nomination shall be
accompanied by a copy of the written confirmation of verification provided by
the county assessor under this subsection.
(d)
The county clerk shall have the names of all persons nominated placed on the
ballots as candidates for the offices for which they have been nominated. The
ballots shall have a blank line under the printed names, on which may be
written the name of any candidate voted for.
(3)
A nominating petition shall contain:
(a)
The name by which a candidate is commonly known. The candidate may use a
nickname in parentheses in connection with the candidate’s full name;
(b)
The address information of the candidate;
(c)
The office for which the candidate seeks nomination;
(d)
The term of office for which the candidate seeks nomination;
(e)
A statement that the candidate is qualified for the office;
(f)
A statement that the candidate is willing to accept the nomination and, if
elected, the office;
(g)
The signature of the candidate;
(h)
The printed name and address of each elector who signed the petition; and
(i)
A statement by the circulator of the petition that the circulator is personally
acquainted with the electors who signed the petition and affirms that the
signatures are genuine.
(4)
If an elector is not shown as an owner of land on the last equalized assessment
roll or is not shown as having authority to vote on behalf of an owner of land,
the elector shall furnish the county clerk with written evidence, satisfactory
to the county clerk, that the elector:
(a)
Is a legal representative of the owner;
(b)
Is entitled to be shown as the owner of land on the next assessment roll;
(c)
Is a purchaser of land under a written agreement of sale; or
(d)
Is authorized to sign for and on behalf of any public agency owning land.
(5)
The county court shall meet on the first Monday that is at least 10 days after
the election, canvass the votes cast, and enter an order declaring the result
of the election. If upon the canvass it appears that at least three-fifths of the
votes cast are “Irrigation District – Yes,” the court shall, by an order
entered on its minutes, declare the territory organized as an irrigation
district under the name designated by the county court under ORS 545.033 (1),
and shall declare the persons receiving, respectively, the highest number of
votes for the several available director positions to be elected to those
positions. The court shall cause a copy of the order, duly certified, to be
immediately filed for record in the office of the county clerk of each county
in which any portion of the district is situated.
(6)
After the date of organization of an irrigation district, the county court of
any county including any portion of the district shall not allow another
district to be formed that includes any lands in the existing district, without
first securing consent for the formation from the existing district.
(7)
From and after the date of the filing of the order under subsection (1) of this
section, the organization of the district is complete, and the directors may
enter upon the duties of their offices upon qualifying as provided by law. They
shall hold office until their successors are elected and qualified. [Formerly
545.012; 2001 c.257 §1; 2003 c.94 §1]
545.043 Qualifications of directors; terms
of office; oath. (1) At the election for the
organization of an irrigation district one director, who is a resident of
Oregon and a bona fide owner, or a shareholder of a bona fide corporate owner,
of land situated in the division, shall be elected from each division into
which the district has been divided by the county court. If no division has
been made, the directors shall be elected from the district at large. Terms of
the directors so elected shall expire in one, two and three years, respectively,
from the first Tuesday in January next succeeding their election. Their
respective terms shall be decided by lot.
(2)
Within 10 days after receiving the certificate of election provided for in ORS
545.153, the director shall take the official oath and file it in the office of
the board of directors. [Formerly 545.014]
545.045 [1993
c.771 §2; 1995 c.42 §38; 1995 c.607 §86; renumbered 545.163 in 1995]
CHANGE OF DISTRICT BOUNDARIES
(Generally)
545.051 Change of boundaries authorized;
effect on existing rights and liabilities. The
boundaries of any irrigation district organized under the Irrigation District
Law may be changed in the manner prescribed in ORS 545.051 to 545.126. However,
a change in the boundaries of a district shall not impair or affect its
organization, its right in or to property or any of its other rights or
privileges of whatever kind or nature. The change in the boundaries of a
district shall not affect, impair or discharge any contract, obligation, lien
or charge for or upon which the district was liable or chargeable had such
change of its boundaries not been made. [Formerly 545.582]
(Addition of Land)
545.057 Petition for inclusion of lands
within district. The holders of title, or
evidence of title, representing a majority of the acreage of any body of land
adjacent to the boundaries of any irrigation district may file with the board
of directors of the district a written petition requesting that the body of
land be included in the district. For purposes of this section, the body of
land may include or consist of one or more parcels of less than one acre,
without regard to whether or not the parcels are city lots or tracts of a
platted subdivision or are chiefly available for residence purposes. When the
body of land is located within the boundary of a city, the petition shall be
approved by the governing body of the city before presentation to the board of
directors. The petition shall describe the tracts or body of land owned by the
petitioners. Reference to the assessor’s map and tax lot number is sufficient
for the description of lands required under this section. The petition shall
give assent of the petitioners to the inclusion into the district of the lands
described in the petition. The petition must be acknowledged in the same manner
that conveyances of land are required to be acknowledged. [Formerly 545.584;
1999 c.452 §8; 2003 c.802 §132]
545.059 Notice of petition; publication;
deposit for costs. The secretary of the board of
directors shall cause notice of the filing of the petition to be given and
published once each week, for three successive weeks, in a newspaper published
in the county where the office of the board is situated. The notice shall state
the filing of the petition, the names of the petitioners, a description of the
lands mentioned in the petition, and the request of the petitioners. The notice
shall also contain a statement indicating that all interested persons may
appear at the office of the board at the time named in the notice and show
cause why the petition should not be granted. The time specified in the notice
shall be the time of the next regular meeting of the board after the expiration
of the time for publication of the notice. However, before the secretary of the
board is required to give notice, the petitioners must advance to the secretary
sufficient money to pay the estimated cost of all proceedings under the
petition. [Formerly 545.586]
545.061 Hearing on petition.
The board of directors, at the time and place mentioned in the notice, or at
some other time to which the hearing of the petition may adjourn, shall hear
the petition and consider all objections to the petition presented in writing
by any person, showing cause why the petition should not be granted. The
failure of any person to object shall be taken as assent by the person to the
inclusion of the lands in the district as requested in the petition. [Formerly
545.588]
545.062
[Amended by 1969 c.345 §13; 1987 c.835 §1; 1995 c.42 §42; renumbered 545.181 in
1995]
545.064 [Amended
by 1965 c.541 §2; 1995 c.42 §48; 1995 c.78 §1; renumbered 545.221 in 1995]
545.065 [1959
c.276 §2; 1993 c.392 §1; 1995 c.42 §63; renumbered 545.295 in 1995]
545.066
[Amended by 1957 c.128 §1; 1965 c.614 §1; 1971 c.403 §9; 1993 c.771 §12;
renumbered 545.183 in 1995]
545.067 Liability of petitioners for
obligations of district. Except as provided in ORS
545.075, the board of directors to whom the petition is presented may require
as a condition precedent to the granting of the petition that the petitioners
severally pay, contract to pay or become liable to the district for assessments
for the payment of their pro rata share of all bonds and the interest thereon
previously issued by the district. The amount of the assessments required under
this section, as nearly as the amount can be estimated by the board, shall be
the amount that the petitioners or their grantors would have been required to
pay to the district had such lands been included in the district at the time it
was originally formed or when the bonds were issued. [Formerly 545.590]
545.068
[Amended by 1995 c.42 §43; renumbered 545.185 in 1995]
545.070
[Amended by 1965 c.332 §6; 1977 c.774 §26; 1979 c.286 §15; 1989 c.182 §7; 1995
c.42 §49; renumbered 545.225 in 1995]
545.071 Acceptance or rejection of
petition; inclusion of land when owner objects.
If the board of directors considers that it is not for the best interest of the
district to include in the district the lands mentioned in the petition, the
board, by order, shall reject the petition. However, if the board considers
that it is for the best interest of the district that the lands or any part of
the lands be included, the board may order that the district be changed so as
to include the lands or any part of the lands mentioned in the petition. When
making the change, the board shall not subject to the charges or assessments of
the district the lands of any owner objecting to the inclusion of the lands.
However, the board may include such lands within the boundaries of the district
solely for administrative convenience. The order shall describe the boundaries
of the land included with such exceptions as may be made. [Formerly 545.592;
1999 c.452 §9]
545.072
[Repealed by 1989 c.182 §49]
545.074
[Repealed by 1975 c.771 §33]
545.075 Requirements that may be imposed
upon petitioners in western Oregon district; charges or assessments.
(1) Notwithstanding ORS 545.067, in any irrigation district lying entirely west
of the summit of the Cascade Mountains, the board of directors may require as a
condition precedent to the granting of the petition that the petitioners
severally pay, contract to pay, become liable to the district for or consent
that the lands petitioned to be included be charged or assessed by the district
for such sums as the board of directors determines. However, these sums shall
not exceed the amount the petitioners or their predecessors in interest would
have been required to pay to the district for charges and assessments for the
payment of:
(a)
Their pro rata share of all bonds and the interest thereon previously issued by
the district, or other indebtedness previously incurred, had such lands been
included in the district at the time it was originally formed, or when the
bonds were so issued or such indebtedness incurred; and
(b)
The cost of any additional facilities required to deliver water to the lands of
the petitioners.
(2)
The board of directors may provide for the payment of any charge or assessment
under this section in annual installments. The order of inclusion shall set
forth the description of the lands included, the amount of the charge or
assessment on the lands and the manner of payment. After the order is recorded
under ORS 545.079, the order is an assessment of the district upon the lands of
petitioners for any bonded indebtedness or federal or state contract obligation
in accordance with the provisions of the order of inclusion, and the lands are
included within the boundaries of the district.
(3)
The annual installments may be included with the annual charge or assessment of
the district upon the water user for district purposes. The annual installments
shall bear interest, be subject to a lien of the district upon the lands and be
collected or foreclosed in the same manner and with the same effect as charges
and assessments of the district for district purposes.
(4)
Upon foreclosure of charges or assessments of the district upon any included
lands, the amount of the unpaid balance of the charge or assessment provided
for in subsection (1) of this section and not included in any foreclosure
proceedings remains a charge and assessment lien of the district upon the
lands. However, when the district is the purchaser at any sale on foreclosure
it may, upon a resale of any lands included in the foreclosure sale, release
the lands from the lien of any unpaid balance of the charges and assessments.
(5)
For the purposes of this section the summit of the Cascade Mountains is
considered to be a line beginning at the intersection of the western boundary
of Hood River County with the northern boundary of the State of Oregon, thence
southerly along the western boundaries of the counties of Hood River, Wasco,
Jefferson, Deschutes and Klamath to the southern boundary of the State of
Oregon. [Formerly 545.593]
545.076
[Amended by 1995 c.42 §72; renumbered 545.343 in 1995]
545.078
[Amended by 1995 c.42 §73; renumbered 545.345 in 1995]
545.079 Recording of order including lands
in district; effect of order; appeal. (1) Upon the
allowance of a petition for inclusion of lands and when an appeal has not been
filed within 30 days after entry of the order, a certified copy of the order of
the board of directors including the lands in the district shall be filed for
record in the office of the county clerk of each county in which lands of the
district are situated. The district as changed and all lands in the district
shall be liable for all existing obligations and indebtedness of the district.
(2)
An appeal may be taken from the order of the board as provided in ORS 548.105
to 548.115. If an appeal is not taken, the order of inclusion shall be deemed
lawful and conclusive against all persons. The order shall not thereafter be
questioned in any manner in any proceedings. [Formerly 545.594; 1999 c.452 §10]
545.080 [Amended
by 1995 c.42 §74; renumbered 545.347 in 1995]
545.081 [1993
c.771 §14; 1995 c.42 §50; renumbered 545.237 in 1995]
545.082
[Amended by 1995 c.42 §51; renumbered 545.239 in 1995]
545.084
[Amended by 1995 c.42 §52; renumbered 545.241 in 1995]
545.085 Record of petition; admissibility
in evidence. Upon the filing of the copies of the
order under ORS 545.079, the secretary shall record the petition for inclusion
in the minutes of the board. The minutes, or a certified copy thereof, shall be
admissible in evidence with the same effect as the petition. [Formerly 545.596]
545.086
[Amended by 1995 c.42 §53; renumbered 545.245 in 1995]
545.088
[Amended by 1995 c.42 §54; renumbered 545.249 in 1995]
545.089 Redivision of district; election
of directors. (1) When land is included within a
district by proceedings under ORS 545.057 to 545.085, if the district is
subdivided for the election of directors and as a result of the inclusion of
the land the deviation in acreage among the divisions is greater than 10
percent, the board of directors, not earlier than 30 days after the final order
making the inclusion, shall make an order redividing the district. Redivision
shall be done in the same manner as provided for the initial division of the
district in ORS 545.033 (2).
(2)
If redivision of the district under subsection (1) of this section results in
the creation of a division without a qualified representative on the board of
directors, the position of director from that division shall be filled at the
next general election of the district. When the newly elected director assumes
office, if there are two or more directors from another division, the term of
office of the director having the least time left to serve shall expire. The
initial term of office of the newly elected director shall be the same as the
remaining term of the director whose term expires as provided under this
subsection. [Formerly 545.598; 1999 c.452 §11]
545.090
[Amended by 1995 c.42 §55; renumbered 545.253 in 1995]
545.091 Inclusion of lands not subject to
charges of district. The boundaries of a district may
for administrative convenience encompass lands that are not subject to the
charges and assessments of the district, without regard to whether the lands
are susceptible to irrigation. An owner whose land is within the boundaries of
a district but is not subject to the charges and assessments of the district
does not have the rights or duties of an elector or owner of land under this
chapter. [1999 c.452 §2]
Note:
545.091 was added to and made a part of ORS chapter 545 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
545.092
[Repealed by 1969 c.344 §8]
(Subdistricts)
545.093 Creation of subdistricts; purpose;
change in subdistrict boundaries. (1)
Subdistricts within an irrigation district may be created as provided in this
section.
(2)
When the owners of more than 50 percent of the acreage in any contiguous tracts
of land situated within a district and subject to the charges or assessments of
the district desire to have the district undertake the construction of works
for irrigation of their land or provide for the reconstruction, betterment,
extension, purchase, operation or maintenance of works already constructed that
will benefit their lands, they may petition the board for the creation of a
subdistrict. The petition shall state the boundaries proposed for the
subdistrict, the name and address of each person signing the petition, a brief general
statement as to the works the petitioners desire to have constructed or
provided and a prayer asking that the lands described be organized as a
subdistrict. The description of the boundaries of the proposed subdistrict
shall be certified as a complete and sufficient legal description by a
qualified engineer or land surveyor and the certificate shall be filed with the
board at the time the petition is filed. The petition shall be considered by
the board at its next meeting. If the board approves the petition, the board
shall adopt an order creating the subdistrict. The order shall contain a
description of the boundaries of the subdistrict. A subdistrict may include all
or any part of the lands within a district. A copy of the order shall be
recorded in each county in which lands within the subdistrict are located.
(3)
A subdistrict may also be created under this section by resolution of the
board.
(4)
After the creation of a subdistrict under this section, the boundaries of the
subdistrict may be changed by the inclusion of lands outside of the
subdistrict. A proceeding under this subsection may be initiated by petition of
the owners of more than 50 percent of the lands sought to be included in the
subdistrict. The lands to be included in the subdistrict must be contiguous to
the subdistrict and within the boundaries of the district. The petition shall
state the boundaries of the lands to be included in the subdistrict, the reason
for adding the lands to the subdistrict, the name and address of each person
signing the petition and a prayer asking that the lands described by the
petition be included in the subdistrict. The petition shall be filed with the
board. The description of the boundaries of the subdistrict after the proposed
addition shall be certified as a complete and sufficient legal description by a
qualified engineer or land surveyor and the certificate shall be filed with the
board at the time the petition is filed. The board of directors shall enter an
order fixing a time and place for a hearing on the petition and shall either
publish notice of the hearing or mail a notice of the hearing to all landowners
within the boundaries of the lands proposed for inclusion in the subdistrict.
At the hearing or at any time and place to which the hearing may be adjourned,
the board shall determine what lands proposed to be included within the
subdistrict will be benefited by inclusion in the subdistrict. The board shall
adopt an order for inclusion of the benefited lands in the subdistrict and the
new boundaries of the subdistrict shall be described in the order.
(5)
A subdistrict created under this section may be designated “Subdistrict No. ___of
the ______ Irrigation District.”
(6)
A subdistrict created under this section may be an electoral district for
purposes of district elections under ORS 545.167.
(7)
The district board of the main district is the governing board of each
subdistrict of the district.
(8)
Except as otherwise provided in ORS 545.093 to 545.095, after the creation of a
subdistrict, proceedings relating to a subdistrict shall conform to provisions
of this chapter applicable to districts. In all other matters affecting only a
subdistrict, provisions of this chapter applicable to a district apply to the
subdistrict as though the subdistrict were a district. [1999 c.356 §2]
Note:
545.093 to 545.095 were added to and made a part of ORS chapter 545 by
legislative action but were not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
545.094 Engineering plan for improvements
within subdistricts; notice; hearing; remonstrance.
After the creation of a subdistrict, the board may develop an engineering plan
for the improvements requested in the petition for the creation of the
subdistrict or proposed by the board. The board may make an engineering plan
for the subdistrict or may adopt as an engineering plan any plan made by any
department or agency of the federal government or the State of Oregon or a
project work plan proposed for any soil and water conservation district in
which lands within the subdistrict are located. Upon completion of the plan,
the board shall give notice of the plan 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 the 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 at which objections to the plan may be heard by the
board. 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 engineering plan that the board
considers necessary after reviewing objections or suggestions made by any
person at the hearing. After the hearing, the board may 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 subject to the
charges or assessments of the district file written objections to the order
approving the engineering plan with the secretary of the district within 15
days after the date of the order, no further action shall be taken under the
order and the plan shall be considered to have been rejected by the landowners.
When an engineering plan for a subdistrict is rejected by the landowners, the
board may obtain a new engineering plan and present it to the landowners in the
manner provided in this section. [1999 c.356 §3]
Note: See
note under 545.093.
545.095 Charges or assessments for improvements
within subdistrict. The cost of constructing,
purchasing, operating, maintaining and improving the works described in an
engineering plan for a subdistrict shall be charged to the owners of the lands,
or assessed against the lands, benefited by the works in proportion to the
benefits to be received by each tract of land. The charges or assessments shall
be in addition to the regular charges or assessments of the district under ORS
545.471. Only the lands or owners within a subdistrict shall be liable for,
charged with or in any manner assessed for the payment of judgments, claims,
damages, costs, expenses, debts or other liabilities of or against a district
that arise out of or are incurred in the constructing, purchasing, operating,
maintaining or improving of the works of the subdistrict. [1999 c.356 §4]
Note: See
note under 545.093.
(Exclusion of Land)
545.097 Exclusion of tracts; effect on
status of district, rights and liabilities. The
boundaries of any irrigation district organized under the Irrigation District
Law may be changed, and tracts of land that were included within the boundaries
of the district at or after its organization may be excluded from the district
in the manner prescribed in ORS 545.097 to 545.126. However, a change of the
boundaries of a district resulting from exclusion of lands from the district
shall not impair or affect its organization, its right in or to property or any
of its rights or privileges of whatever kind or nature. Exclusion of lands from
the district shall not affect, impair, or discharge any contract, obligation,
lien, or charge for or upon which the district would be liable or chargeable if
the change of its boundaries had not been made, or if land had not been
excluded from the district. [Formerly 545.602]
545.099 Petition for exclusion of lands
from district; approval by board; payment of costs of exclusion.
(1) The owners in fee of one or more tracts of land or the holders of an
uncompleted title to government or state lands which constitute a portion of an
irrigation district may jointly or severally file with the board of directors a
petition requesting that those tracts be excluded and taken from the district.
The petition shall state the grounds upon which it is requested that the lands
be excluded. The petition shall also describe the boundaries of the tracts
sought to be excluded and the lands of the petitioners which are included
within those boundaries. The description of the lands need not be more
particular or certain than is required when the lands are entered in the
assessment book by the county assessor.
(2)
Upon receipt of a petition for exclusion, the board of directors shall review
the petition and shall enter its order approving the petition. The board may
approve the petition subject to the requirements of ORS 545.051, 545.097 or
545.126 or may approve the petition without conditions, as the board considers
appropriate. The board, as a condition of exclusion, may require the
petitioners to pay all costs of exclusion, including but not limited to
recording fees, a reasonable administrative fee and all past due charges and
assessments of the district attributable to the petitioners and the lands of
the petitioners. When any district facilities, including but not limited to
ditches, pipelines, headgates or other waterworks, are on the lands of the
petitioners, if the petitioners propose to change the use of the land, the
district may require the petitioners to provide measures to protect those
facilities and may require that appropriate easements be provided if there are
none of record. [Formerly 545.604; 1999 c.452 §12]
545.101 Exclusion of subdivisions with
three or more tracts on each acre of land; exceptions.
(1) When a subdivision is platted after September 13, 1975, under ORS 92.010 to
92.192, if the subdivision has three or more tracts on each acre of land within
the subdivision, the subdivision shall be excluded and taken from the district
pursuant to ORS 545.097 to 545.126 at the time that the plat is approved by the
appropriate governing body.
(2)
The exclusion provided in subsection (1) of this section shall not apply to a
district which:
(a)
Also supplies domestic water approved by the Oregon Health Authority to the
subdivision; or
(b)
Agrees to supply water to the subdivision. A district may require as a
condition of any agreement that:
(A)
The subdivider install underground pipe from the district’s designated point of
delivery to each lot or parcel in the subdivision as shown on the plat approved
by the appropriate governing body;
(B)
The subdivider install a meter or other adequate measuring device at the
delivery point to the subdivision and for each lot or parcel;
(C)
The subdivider provide adequate easements for the delivery system and make
provision for the maintenance and repair of the delivery system; and
(D)
The subdivider provide any other measures that the district considers necessary
for the proper and efficient delivery of water to the subdivision and for the
efficient administration of such delivery.
(3)
Nothing in subsection (2)(b) of this section requires a district to agree to
deliver water to a subdivision. [Formerly 545.611; 1999 c.505 §1; 2009 c.595 §987]
545.102 [Amended
by 1969 c.669 §13a; 1985 c.561 §8; 1995 c.42 §57; renumbered 545.271 in 1995]
545.104
[Amended by 1981 c.897 §60; 1995 c.42 §58; 1995 c.696 §27; renumbered 545.275
in 1995]
545.105 Assent of bondholders; acknowledgment;
filing; recording. If there are outstanding bonds
of the district at the time of the filing of the petition for exclusion, the
holders of the bonds may give their assent, in writing, to the effect that they
severally consent that the lands mentioned in the petition, or such portion of
the lands as may be excluded from the district by order of the board, may be
excluded from the district. If the lands, or any portion of the lands, are
excluded from the district, they shall be released from the lien of such
outstanding bonds. The assent must be acknowledged by the bondholders in the
same manner and form as required for a conveyance of land. The acknowledgment
shall have the same force and effect as evidence as the acknowledgment of a
conveyance. The assent shall be filed with the board and be recorded in the
minutes of the board. The minutes, or a copy thereof certified by the secretary
of the board, shall be admissible in evidence with the same effect as the
assent. The certified copy may be recorded in the office of the county clerk of
the county in which the lands are situated. [Formerly 545.612]
545.106
[Amended by 1995 c.42 §71; renumbered 545.335 in 1995]
545.108
[Amended by 1991 c.459 §423a; 1995 c.42 §107; renumbered 545.471 in 1995]
545.109 Recording minutes of board.
When the board of directors excludes any lands from the district upon petition
for exclusion, if the exclusion changes the boundaries of the district, the
board shall make an entry in its minutes describing the boundaries of the
district. For that purpose the board may have a survey made of such portions of
the district as it considers necessary. A certified copy of the entry of the
minutes of the board excluding any land, certified by the secretary of the
board, shall be filed for record in the county clerk’s office of each county
within which any land of the district is situated. [Formerly 545.614; 1999
c.452 §13]
545.110
[Amended by 1995 c.42 §56; renumbered 545.257 in 1995]
545.112
[Amended by 1995 c.42 §64; renumbered 545.301 in 1995]
545.113 State agency to pay assessment and
charges or to petition for exclusion. Every state
agency acquiring land within the boundaries of an irrigation district shall:
(1)
Pay all assessments and other charges that may be lawfully charged by the
irrigation district and that are chargeable to the owner or occupier of the
land; or
(2)
File with the board of directors of the district a petition requesting that the
land be excluded from the district in accordance with ORS 545.097 to 545.126. [Formerly
545.615]
545.114 [Amended
by 1995 c.42 §65; renumbered 545.303 in 1995]
545.116
[Amended by 1995 c.42 §66; renumbered 545.305 in 1995]
545.117
[Formerly 545.616; repealed by 1999 c.452 §30]
545.118
[Repealed by 1989 c.182 §49]
545.119 [1993
c.771 §15; renumbered 545.279 in 1995]
545.120
[Repealed by 1975 c.771 §33]
545.122
[Repealed by 1969 c.344 §8]
545.123 Redivision of district; election
of director. (1) When land is excluded from a
district by proceedings under ORS 545.097, 545.099, 545.101, 545.105 or
545.109, if the district is subdivided for the election of directors and as a
result of the exclusion of the land the deviation in acreage among the
divisions is greater than 10 percent, the board of directors, not earlier than
30 days after the final order making the exclusion, shall make an order
redividing the district. Redivision shall be done in the same manner as
provided for the initial division of the district in ORS 545.033 (2).
(2)
If redivision results in the creation of a division without a qualified representative
on the board of directors, the position of director from that division shall be
filled at the next general election of the district. When the newly elected
director assumes office, if there are two or more directors from another
division, the term of office of the director having the least time left to
serve shall expire. The initial term of office of the newly elected director
shall be the same as the remaining term of the director whose term expires as
provided under this subsection. [Formerly 545.618; 1999 c.452 §14]
545.124
[Amended by 1995 c.42 §59; renumbered 545.283 in 1995]
545.126 Liability of excluded lands for
district’s obligations. ORS 545.097 to 545.126 shall not
operate to release any lands excluded from the district from any lien on the
lands or any obligation to pay any valid outstanding bonds or other
indebtedness of the district at the time of the filing of the petition for
exclusion of the lands. The lands shall be held subject to the lien, and
answerable and chargeable for the payment and discharge of all outstanding
obligations at the time of the filing of the petition, as fully as though the
petition were never filed and the order of exclusion never made. If lands were
subdivided into small tracts of less than one acre after the bonded
indebtedness is apportioned to the lands on a per acre basis, the required
payments shall be computed to the nearest one-tenth acre. For the purpose of
discharging the outstanding indebtedness, the lands so excluded shall be
considered part of the irrigation district. Notwithstanding the exclusion of
land from the district, all provisions otherwise available to compel the
payment by the land of its quota or portion of the outstanding obligation if
the exclusion had never been accomplished, may be resorted to in order to
compel and enforce the payment by the land of its quota or portion of the
outstanding obligations of the irrigation district for which it is liable.
However, the land excluded shall not be held answerable or chargeable for any
obligation incurred after the filing of the petition for exclusion. This
section shall not apply to any outstanding bonds or other obligations or
indebtedness the holders of which have assented to the exclusion of such lands
from the district. [Formerly 545.620]
(Union or Merger of Districts)
545.131 Union or merger of districts;
petition; approval of board; election; indebtedness.
An irrigation district may be merged and included within another irrigation
district. The board of directors seeking merger shall present a petition
showing the indebtedness of the district and its boundaries to the board of
directors of the district in which it is desired to be included. The petition
may be accepted or rejected by the latter board. If accepted, an election shall
be ordered by the latter board in the district desiring to be included. At the
election, the questions “Merger –Yes,” and “Merger –No,” shall be submitted to
the qualified electors of the district and shall be determined by a majority
vote of the qualified electors. The election shall be conducted in the same
manner as an election for the organization of an irrigation district, and the
board shall have the same powers and authority in conducting the election as
are possessed by the county court in organizing an irrigation district. If the
vote is “Merger–Yes,” the indebtedness of each district shall be determined and
entered upon the records. A division of the indebtedness shall be ordered which
shall be binding on the districts. Thereafter the districts shall be one
district with the lands of the merged district included in the surviving
district to the same extent and effect in all respects as if originally
included. [Formerly 545.622]
DISTRICT ELECTIONS AFTER FORMATION
(Generally)
545.135 Elections subsequent to
organization of district; election of directors.
(1) Except for the second Tuesday in November next following the organization
of the district, an election shall be held in each district on the second
Tuesday in November of each year, at which one or more directors shall be
elected. The person receiving the highest number of votes for any office to be
filled shall be elected, and shall hold office for three years from the annual
organizational meeting in January next following the election and until a
successor is elected and qualified. The qualifications for a director shall be
those set forth in ORS 545.043.
(2)
In districts organized prior to May 21, 1917, a director shall be elected from
each of the three divisions into which the board of directors may have divided
the district, or, if the board of directors has so ordered, the directors shall
be elected from the district at large.
(3)
A newly elected director shall take the official oath at the annual
organizational meeting in January next following the election or as soon
thereafter as possible. The director shall file the oath in the office of the
board of directors.
(4)
Notwithstanding subsection (1) of this section, if the second Tuesday in
November falls on a holiday as defined in ORS 187.010 and 187.020, the election
shall be held on the day following the second Tuesday in November. [1995 c.42 §30;
2005 c.469 §1]
545.137 Notices of election; board of
election; place of holding election; nomination of candidates; advertising
openings on district board; certificate of election to sole candidate; ballots.
(1) At least 10 days before any election held under the Irrigation District
Law, subsequent to the organization of any district, the secretary of the board
of directors shall cause the publication of a notice of the time, place and
purpose of the election in a newspaper that is published or distributed within
every county in which either the district or a division of the district is
located. The secretary shall also post a general notice of the election in the
office of the board specifying the polling places of each division.
(2)
Prior to the publishing and posting of the notices required in subsection (1)
of this section, the board must appoint for each division, from the electors of
the division, three judges of election, who shall constitute a board of
election for the division. If the board fails to appoint a board of election,
or the members appointed do not attend at the opening of the polls on the
morning of election, the electors of the division at that hour may appoint a
board of election from the group of electors present. In its order appointing
the board of election, the board of directors must designate the place within
the division where the election is to be held. The board may designate the
district office or any other location within the district as the place where
the election is to be held. If one location serves as the place of election for
more than one division, the board of directors may appoint from among the electors
of the divisions a single three-member board of election for the divisions.
(3)
Candidates may be nominated for any election in the same manner as candidates
may be nominated at the organization election described in ORS 545.041.
Openings for the board of directors of an irrigation district shall be
advertised in a newspaper of general circulation within the boundaries of the
district for which the candidate would be elected or posted in three public
places within the district at least 60 days prior to the election. All
nominations shall be filed with the secretary of the board not more than 75 nor
less than 35 days before the date of the election. In districts having more
than 25 electors, a person shall not be elected as a member of the board of directors
unless the person has been nominated either by petition or at an assembly 35
days prior to the date of the election.
(4)
If, after expiration of the date for nomination, only one qualified candidate
has been nominated for the office to be filled, it shall not be necessary to
hold an election. The board of directors shall declare such candidate elected
as director at the next regularly scheduled board meeting or at a special
meeting called for that purpose. The secretary immediately shall make out and
deliver to the nominated person a certificate of election signed by the
secretary and authenticated with the seal of the board.
(5)
The secretary shall cause the names of all persons nominated to be printed on
ballots as candidates for the offices for which they have been nominated. [Formerly
545.026; 1999 c.452 §15; 2001 c.257 §2]
545.139 Board of election; polls; ballots.
(1) The judges who constitute the board of election for a precinct shall elect
a presiding officer for the board who may administer all oaths required in the
progress of an election. If during the progress of an election any judge fails
to act, the presiding officer may appoint additional judges. Any member of the
board of election may administer and certify oaths required to be administered
during the progress of election. Before opening the polls each member of the
board must take and subscribe an oath faithfully to perform the duties imposed
by law. Any elector of the precinct may administer and certify such oath.
(2)
The polls shall be open on the day of the election from 7 a.m. to 8 p.m.
(3)
The provisions of the general election laws of this state concerning the form
of ballot do not apply to the elections held under the Irrigation District Law.
[Formerly 545.028; 2007 c.154 §64]
545.141 Conduct of election; challenge and
verification of qualifications of elector; counting ballots.
(1) Voting may commence as soon as the polls are open and may continue during
all the time the polls remain open. Voting shall be conducted as nearly as
practicable in accordance with the general election laws. An absent elector may
obtain an absentee ballot and vote, as nearly as practicable, in the manner
provided for absentee electors in ORS chapter 253.
(2)
A person who offers to vote and claims to be an elector, but fails to provide
either evidence of ownership, acreage or other voting authorization, shall be
allowed to vote after submitting a sworn statement in accordance with the
provisions of ORS 254.407 and 254.409. However, any person voting pursuant to
this section shall, in addition to the information required by ORS 254.407,
include information in the elector’s statement concerning the location of the
claimed land and the precise acreage for which the elector is claiming
ownership or voting authorization. Upon receipt of the elector’s sworn
statement, the secretary of the district shall attempt to verify the elector’s
voting qualifications under the Irrigation District Law.
(3)
Any election board member or elector present at the time of voting shall
challenge a person offering to vote in any election whom the board member or
elector knows or believes to be unqualified as an elector. Any challenge shall
be made in accordance with ORS 254.415. The elector’s statement of challenge
required by ORS 254.415 shall include the location of the claimed land and the
precise acreage for which the elector is claiming ownership or voting
authorization. Upon receipt of the elector’s sworn statement, the secretary of
the district shall attempt to verify the elector’s voting qualifications
according to the provisions of the Irrigation District Law.
(4)
As soon as the polls are closed the judges shall open the ballot box and shall
commence counting the votes. The ballot box may not be removed from the room in
which the election is held until all ballots have been counted. The counting of
the ballots shall be public. The presiding officer of the board of election or
one of the judges shall take ballots from the ballot box one at a time, open
them and read aloud the name of each person named on the ballot and the office
for which the person is voted. If the intent of the voter is clear, the vote
shall be counted and not rejected for lack of form. The judges shall keep an
accurate account of the votes by tallies in duplicate and the counting shall
continue without adjournment until all votes have been counted. [Formerly
545.030; 2001 c.257 §3; 2007 c.154 §65]
545.142
[Amended by 1995 c.42 §79; renumbered 545.365 in 1995]
545.144
[Amended by 1989 c.182 §8; 1995 c.42 §80; renumbered 545.367 in 1995]
545.145 Certificate of vote; stringing of
ballots; sealing of returns; delivery to board secretary; recount.
As soon as all the votes are counted, a certificate shall be drawn up on each
of the papers containing the tallies, or shall be attached to those papers. The
certificate shall state the number of votes each candidate has received and
shall designate the office for which the person was a candidate. The number of
votes stated on the certificate shall be written in words and figures at full
length. Each certificate shall be signed by all the members of the board of
election. One of the certificates and the tally paper to which it is attached
shall be retained by the presiding officer of the board of election and preserved
by the presiding officer for at least six months. During the counting, the
ballots shall be strung on a cord or thread by the presiding officer in the
order in which they are entered upon the tally lists. The ballots, together
with the other certificate and tally papers to which it is attached and a poll
list of the voters voting at the election, shall be sealed by the presiding
officer in the presence of the other judges, indorsed “Election returns of
(naming the precinct) precinct,” and directed to the secretary of the board of
directors. The ballots and other materials shall be immediately delivered to
the secretary of the board by the presiding officer, or by another safe and
responsible carrier designated by the presiding officer. The ballots shall be
kept unopened for at least six months, except that the ballots may be opened at
any time at the direction of the board of directors for the purpose of
canvassing the returns or conducting a recount of the ballots. If any person is
of the opinion that the vote of any precinct has not been correctly counted,
the person may appear on the day appointed by the board of directors to open
and canvass the returns and demand a recount of the votes of the precinct that
the person claims have been incorrectly counted. [Formerly 545.032]
545.146
[Amended by 1995 c.42 §81; renumbered 545.369 in 1995]
545.148
[Amended by 1995 c.42 §82; renumbered 545.371 in 1995]
545.149 Canvass of returns; standard for
rejecting certain election documents; canvass to be in public.
A list, tally paper or certificate returned from any election shall not be set
aside or rejected for want of form if it can be satisfactorily understood. The
board of directors shall meet at its usual place of meeting on the first Monday
after each election to canvass the returns. If, at the time of meeting, the
returns of each precinct in which polls have been opened have been received,
the board of directors shall then and there canvass the returns. However, if
all the returns have not been received, the canvass shall be postponed from day
to day until all the returns have been received, or until six postponements
have been had. The canvass shall be made in public and by opening the returns
and computing the vote of the district for each person voted for, and declaring
the result. [Formerly 545.034]
545.150
[Amended by 1989 c.182 §9; 1995 c.42 §83; renumbered 545.373 in 1995]
545.152
[Amended by 1989 c.182 §10; 1995 c.42 §84; renumbered 545.375 in 1995]
545.153 Statement of result; contents; certificate
of election; effect of informalities in conduct of election.
(1) The secretary of the board of directors shall, as soon as the result is
declared, enter on the records of the board a statement of the result. The
statement must show:
(a)
The whole number of votes cast in the district and in each division of the
district.
(b)
The names of the persons voted for.
(c)
The office for which each person received votes.
(d)
The number of votes given in each division to each person.
(e)
The number of votes given for the office of director.
(f)
The term of office for which each person received votes.
(2)
The board of directors shall declare elected the person having the highest
number of votes given for each office. The secretary shall immediately make out
and deliver to such person a certificate of election, signed by the secretary
and authenticated with the seal of the board. No informalities in conducting
any election shall invalidate it if the election has been otherwise fairly
conducted. [Formerly 545.036; 2001 c.257 §4]
545.154
[Amended by 1989 c.182 §11; repealed by 1993 c.771 §20]
545.156
[Formerly 545.038; repealed by 1999 c.452 §30]
(Elections by Mail)
545.163 Procedures for conducting election
by mail. (1) An irrigation district may conduct
a district election by mail. The board of directors of the district shall
designate by resolution, not later than the 50th day before any election, that
an election will be conducted by mail.
(2)
At an election by mail held for the purpose of electing a person to the board
of directors, the qualifications for a director are those set forth in ORS
545.043.
(3)
An election by mail shall be conducted within the district or divisions within
a district according to, as nearly as is practicable, the general provisions of
ORS 545.137, 545.139, 545.141, 545.145, 545.149 and 545.153. However, the
judges of election appointed under ORS 545.137 (2) are not required to be in
attendance until after 8 p.m. on the day of the election.
(4)
The secretary of the board of directors for the district shall mail an official
ballot with a return identification envelope and a secrecy envelope to an
elector, not sooner than the 20th day before the date of the election to be
conducted by mail and not later than the 14th day before the election. The
secretary shall cause to be placed in or on each return identification envelope
a statement to be completed by the elector that says that the elector, under
penalty of perjury, swears and affirms that the elector is the sole elector
authorized to cast the ballot. In addition, the secretary shall verify that,
according to the records of the district as of the 21st day before the
election, the elector is entitled to vote.
(5)
When a ballot is mailed to a corporate landowner, a person authorized to act in
a representative capacity or landowners under multiple ownership, the secretary
shall enclose voting instructions advising the elector that the voting rights
of electors for corporate, representative or multiple ownerships are as described
in ORS 545.002.
(6)
The secretary of the board of directors may not mail voting materials to an
elector who actually acquires ownership of land within the district after the
21st day before the date of an election. When an elector has acquired ownership
of land within the district after the 21st day before the date of an election,
the secretary shall make voting materials available, and the elector may vote,
only at the district office or at another place designated by the board.
(7)
When the elector is an elector described in subsection (6) of this section, the
secretary of the board of directors shall, before making voting materials
available, require that the elector file with the district a copy of a recorded
deed or a memorandum of contract demonstrating the acquisition of land by the
elector within the district. The secretary shall then allow the elector to mark
the ballot, sign the return identification envelope and return the ballot in
the return identification envelope to the secretary.
(8)
An elector may obtain a replacement ballot if the original ballot is destroyed,
spoiled, lost or not received by the elector. The secretary shall keep a record
of each replacement ballot provided to an elector. An elector may obtain a
replacement ballot and may vote at the district office or another place within
the district designated by the board of directors on the actual date of the
election, during the hours designated in ORS 545.139.
(9)
Until the time for the close of the polls, an elector may obtain a replacement
ballot from the secretary of the board of directors, at a place designated by
the board, if the original ballot is destroyed, spoiled, lost or not received
by the elector.
(10)
When an elector receives vote by mail materials, the elector shall comply with
all written instructions provided, mark the ballot, sign both the return
identification envelope and the sworn statement of entitlement to vote and
return the marked ballot to the district by placing the ballot in the return
identification envelope and either depositing the envelope in the United States
mail or delivering the sealed envelope to the district office or another place
designated by the district. If the elector returns the ballot by mail, the
elector shall provide the postage.
(11)
A completed ballot must be received by the district, at the proper place
designated by the district, no later than 8 p.m. on the day of the
election.
(12)
A ballot shall be counted only if:
(a)
The ballot was returned in the sealed return identification envelope provided
by the district;
(b)
The elector signed the return identification envelope; and
(c)
The secretary of the board of directors has verified the name of the elector
and the elector’s ownership of land within the district.
(13)
Using the records of the district, the secretary shall verify the name and land
ownership of each elector. If the secretary determines that an elector to whom
a replacement ballot has been issued has voted more than once, the secretary
may not count any ballot cast by that elector. [Formerly 545.045; 1999 c.452 §16;
2005 c.127 §1; 2007 c.154 §66]
(Electoral Districts)
545.167 Division of district for election
of directors; procedure. (1) In any irrigation district
in which the board of directors is elected at large, the district may be
subdivided for the election of directors when:
(a)
In the judgment of the board it is necessary or beneficial to the welfare of
the district; or
(b)
There is filed with the board a petition that has been signed by a number of electors
of the district equal in number to 20 percent of the votes cast at the last
preceding election at which a director of the board was elected.
(2)
Upon the determination of the board or upon the filing of a petition requesting
division of the district, the board shall submit the question to the district
electors at the next regular election or at a special election ordered by the
board for such purpose.
(3)
If a majority of electors voting on the question approves the division of the
district, immediately following the election the board shall divide the
district in the manner provided in ORS 545.207. The divisions shall be numbered
first, second and third. One director shall be elected to the board of
directors of the district from each division. However, nothing in this section
or in ORS 545.169 and 545.171 shall be construed to prevent the directors who
are serving when the district is divided from serving out the unexpired portion
of their terms. [Formerly 545.624; 1999 c.452 §17]
545.169 Election of directors from newly
created divisions. (1) At the district election
next following the dividing of the district into divisions, the office of the
director whose term expires the following January shall be filled by election
of a director from the newly created division which is without representation
on the board.
(2)
If there are two divisions without representation, then a director shall be
elected at the district election next following the division of the district
from the newly created division without representation on the board that
contains the largest number of electors. The other newly created division shall
elect a director at the second general election following the division, which
director shall take office at the expiration of the term of the second retiring
member of the board. [Formerly 545.626]
545.171 Election precincts in divisions;
alteration. For the purpose of elections in such
district, the board of directors must establish a convenient number of election
precincts in the divisions and define the boundaries of the precincts. An
entire subdivision of a district may be designated as a single election
precinct. For purposes of conducting an election, the board may designate a
place that is within a precinct, at the district office or at any other
location within the district as the place where the election is to be held. The
precincts may be changed from time to time as the board considers necessary. [Formerly
545.628; 1999 c.452 §18]
545.172
[Amended by 1995 c.42 §75; renumbered 545.349 in 1995]
545.174
[Amended by 1995 c.42 §76; renumbered 545.351 in 1995]
545.176
[Amended by 1973 c.305 §16; 1995 c.42 §77; renumbered 545.355 in 1995]
545.178
[Amended by 1965 c.541 §1; 1995 c.42 §78; 1995 c.212 §3; renumbered 545.359 in
1995]
BOARD OF DIRECTORS
(Organization)
545.181 Organization of board; officers;
establishment of meeting dates; collection, custody and disbursement of moneys.
(1) Except as provided in subsection (2) of this section, on the first Tuesday
in January next following their election, the board of directors shall meet and
organize as a board. In organizing as a board, the directors shall:
(a)
Elect a president from among the directors and appoint a secretary, who may be
a director or the manager of the district.
(b)
Establish the time for regular monthly meetings of the board as required under
ORS 545.185.
(c)
Establish, by resolution, the date of the next annual organizational meeting of
the district.
(d)
Establish the date the board shall next meet as a board of equalization under
ORS 545.418.
(2)
The board of directors may, by resolution, establish a different date in
January for the annual organizational meeting.
(3)
The county treasurer of the county in which the petition for the organization
of the district was filed shall be ex officio treasurer of the district. Any
moneys collected by other county treasurers on behalf of the district shall be
transmitted to the district treasurer, together with a statement specifying the
fund into which it is to be deposited. However, if the secretary of the
irrigation district is authorized to collect operation and maintenance
assessments or emergency assessments, as provided in this chapter, the
secretary shall disburse the assessment moneys upon orders of the board of
directors of the district. Any county treasurer having custody or control of
funds of an irrigation district shall be responsible for them on the official
bond as county treasurer. [Formerly 545.062; 2005 c.468 §1; 2005 c.469 §2]
545.183 Compensation and expenses of
officers and employees; membership fees in associations.
The board shall fix the compensation to be paid to the other officers and
employees of the district. The board may pay, from the funds of the district,
annual membership fees and assessments to irrigation, drainage or water users’
associations. [Formerly 545.066]
545.185 Meetings of board; quorum; public
inspection of records. The board of directors shall
hold a regular monthly meeting in its office. The time of the regular monthly
meeting shall be fixed by resolution of the board at the regular annual
organizational meeting required by ORS 545.181. Special meetings required for
the proper transaction of business may be held when called by the president or
ordered by a majority of the board, by an order entered in the records of the
board. Five days’ notice of the special meeting must be given by the secretary
to each member not joining in the order. The order must specify the business to
be transacted, and business other than that specified may not be transacted at
the special meeting, unless all the members are present. All meetings of the
board must be public, and a majority of the members shall constitute a quorum
for the transaction of business. However, on all questions requiring a vote
there shall be concurrence of a majority of the board. All records of the board
shall be open to public inspection during business hours. [Formerly 545.068;
1999 c.452 §19; 2005 c.468 §2; 2005 c.469 §3]
545.187 Vacancy in office when director ceases
to be resident or landowner; appointment of successor.
If a director of an irrigation district ceases to be a resident of the State of
Oregon or ceases to be an owner, or a shareholder of a corporate owner, of land
that is subject to the charges or assessments of the district situated in the
division from which the director was elected or appointed, the position of the
director becomes vacant. The vacancy must be filled as provided in ORS 545.188.
[1995 c.754 §10; 2009 c.282 §3]
545.188 Filling vacancy in office of
director. If the office of director of a board of
directors of an irrigation district becomes vacant for any reason,
notwithstanding ORS 198.320, the remaining directors on the board shall:
(1)
If the district has been divided, appoint a resident of the State of Oregon who
is a bona fide owner, or a shareholder of a bona fide corporate owner, of land
situated in the division to serve until the annual meeting next following an
election to fill the vacancy. The electors of the division shall elect a
successor, from within the division, to replace the appointed director, who
shall take office at the annual meeting next following the election and shall
serve the remainder of the term of the director who vacated the office.
(2)
If the district has not been divided, appoint a resident of the State of Oregon
who is a bona fide owner, or a shareholder of a bona fide corporate owner, of
land situated in the district to serve until the annual meeting next following
an election to fill the vacancy. The electors of the district shall elect a
successor, at large, to replace the appointed director, who shall take office
at the annual meeting next following the election and shall serve the remainder
of the term of the director who vacated the office. [2009 c.282 §2]
545.189 Recall of director; procedure;
required number of signatures for recall petition.
(1) A district director may be recalled as provided in ORS 198.410 to 198.440,
except that the recall petition shall be signed by a number of persons who are
qualified to vote in the district, or in the subdivision of the district from
which the director was elected, that is equal to but not less than the lesser
of:
(a)
Fifteen percent of the total number of votes that may be cast in an election
for the director; or
(b)
Fifteen percent of the total votes cast in the electoral district for all
candidates for Governor at the most recent election at which a candidate for
Governor was elected to a full term.
(2)
Not more than one of the electors of a multiple ownership as described in ORS
545.007 (1)(a) may sign a recall petition. [1995 c.754 §2]
545.192
[Amended by 1983 c.557 §1; 1995 c.42 §124; renumbered 545.511 in 1995]
545.194
[Amended by 1983 c.557 §2; 1995 c.42 §125; 1995 c.212 §1; renumbered 545.513 in
1995]
545.196
[Amended by 1969 c.694 §25; 1981 c.94 §43; 1983 c.557 §3; 1995 c.42 §126;
renumbered 545.515 in 1995]
545.198
[Amended by 1981 c.94 §44; 1995 c.42 §127; renumbered 545.517 in 1995]
(Change in Number of Directors)
545.199 Increase in number of directors
upon determination of board or petition; election on increase.
(1) An irrigation district may increase the number of its board of directors
from three to five members when:
(a)
In the judgment of the board of directors, it is necessary or beneficial to the
welfare of the district; or
(b)
Fifty or more qualified electors within the district file with the board a
petition requesting an election for the purpose of increasing the number of
directors.
(2)
Upon the determination of the board or upon the filing of a petition requesting
the increase, the board shall submit the question to the district electors at
the next regular election or at a special election ordered by the board for
such purpose. At the same election, two persons shall be elected to serve as
directors if the electors, by a majority of votes cast at the election,
increase the number of the board. [Formerly 545.018; 1997 c.249 §182; 1999
c.452 §20]
545.200
[Repealed by 1969 c.345 §20]
545.202
[Amended by 1983 c.557 §4; 1995 c.42 §128; renumbered 545.519 in 1995]
545.203 Election of additional directors;
terms of office. Upon canvass of the returns, as
provided in ORS 545.149, if there is any change voted, the person receiving the
highest number of votes for the office of director at the election shall serve
as director of the district at large for a three-year term that shall be
considered to have started on the first Tuesday in January that next followed
the last previous general election. The person receiving the next highest
number of votes shall serve as director of the district at large for a term of
two years that shall be considered to have started on the first Tuesday in
January that next followed the last previous general election. [Formerly
545.020]
545.204
[Amended by 1983 c.557 §5; 1993 c.97 §17; 1995 c.42 §130; renumbered 545.529 in
1995]
545.206
[Amended by 1983 c.557 §6; 1995 c.42 §131; renumbered 545.532 in 1995]
545.207 Redivision of district upon
increase in directors; representation of divisions; voting qualifications.
Upon an increase of the number of directors from three to five, the board shall
divide the total acreage of the district that is subject to assessment or
charges by the district, into five divisions. Each division shall be as nearly
equal in total acreage as may be practicable. In addition, the board shall
define and particularly describe division boundaries and make use, in so far as
may be desirable, of such natural boundaries as may exist in the district. The
divisions shall be numbered first, second, third, fourth and fifth. As the
terms of the present members of the board of directors expire, one director who
is a resident of Oregon and either a bona fide owner of land or a shareholder
of a bona fide corporate owner of land situated in the division, shall be
elected from each division as the representative of that division on the board
of directors. Voting for director of each division shall be by qualified
electors within the division. However, the qualified electors of any district
may, by a majority vote, determine that voting for directors shall be by the
qualified electors of the entire district. If an elector is an owner in two or
more divisions and resides in one of them, the elector shall vote in the
division of residence. If an elector is a nonresident of the district, the
elector may choose to vote in any one division in which the elector is an owner
of land. When a nonresident landowner chooses to vote in any one division, the
landowner shall file with the secretary of the board a notice of the choice of
division where the nonresident landowner chooses to vote. A nonresident
landowner’s choice to vote in a certain division is permanent and remains
permanent until the nonresident landowner’s ownership status changes in any way
or until the nonresident landowner becomes a resident owner. [Formerly 545.022;
1999 c.452 §21]
545.208
[Amended by 1983 c.557 §7; 1995 c.42 §132; renumbered 545.535 in 1995]
545.210
[Amended by 1995 c.42 §133; renumbered 545.537 in 1995]
545.211 Decrease in number of directors;
redivision of district; terms of office. The number of
directors may be decreased to three substantially in the same manner as that
provided for the increase of directors. When the number of directors is
decreased, the board shall redivide the district into three divisions. The
existing board shall continue in office until the expiration or other
termination of their terms. Successors shall be appointed or elected only in
divisions where representation will terminate with the term of a director.
Directors shall thereafter be appointed or elected only as necessary to fulfill
the requirements of the decrease in membership of the board, and so that the
term of one director will expire each year. [Formerly 545.024]
545.212 [Amended
by 1969 c.694 §26; 1983 c.557 §8; 1995 c.42 §134; renumbered 545.539 in 1995]
545.214
[Amended by 1969 c.694 §27; 1995 c.42 §135; renumbered 545.541 in 1995]
545.216
[Amended by 1989 c.182 §12; 1995 c.42 §136; renumbered 545.545 in 1995]
545.218
[Amended by 1995 c.42 §129; renumbered 545.521 in 1995]
545.220
[Repealed by 1995 c.42 §184]
(General Powers and Duties)
545.221 Powers and duties of board as to
management of district; water deliveries. (1)
The board shall:
(a)
Manage and conduct the business and affairs of the district.
(b)
Make and execute all necessary contracts, employ and appoint such agents,
officers and employees as may be required, and prescribe their duties.
(c)
Establish equitable bylaws, rules and regulations for the administration of the
district and for the distribution and use of water among the landowners.
(d)
Generally perform all acts necessary to fully carry out the purposes of the
Irrigation District Law.
(2)
The board may make available to any member user of the district, on an actual
cost basis, any machinery or equipment required for the normal operation of an
irrigation district. This machinery or equipment may be used by the member user
only for improvement of water distribution or drainage systems and only at the
convenience of the district. However, the machinery or equipment may not be
used outside the boundaries of the district.
(3)
The bylaws, rules and regulations established under this section may designate,
either generally or particularly, the points of delivery within the district to
which the district will make water deliveries for the use and benefit of member
users at district expense. Water deliveries so made shall be in full and
complete discharge of the district’s obligation of water deliveries to member
users under the Irrigation District Law. [Formerly 545.064; 1999 c.452 §22]
545.222
[Amended by 1979 c.562 §19; repealed by 1995 c.42 §184]
545.224
[Amended by 1983 c.557 §9; 1995 c.42 §67; renumbered 545.307 in 1995]
545.225 Contracts; conveyances; suits;
judicial knowledge concerning district; audit reports.
(1) The board of directors may:
(a)
Enter into contracts and take conveyances or other assurances for all property
acquired by it under the Irrigation District Law, in the name of the irrigation
district, to and for the purposes expressed in the Irrigation District Law.
(b)
Institute and maintain all actions and proceedings, suits at law or in equity
necessary or proper in order to fully carry out the Irrigation District Law, or
to enforce, maintain, protect or preserve rights, privileges and immunities
created by the Irrigation District Law, or acquired in pursuance of the
Irrigation District Law.
(2)
In all courts, acts, suits or proceedings the board may sue, appear and defend
in person or by attorneys, in the name of the irrigation district. The court
shall in all actions, suits or other proceedings take judicial knowledge of the
organization and boundaries of all irrigation districts.
(3)
When an audit is made in accordance with the provisions of ORS 297.405 to
297.555, the auditors shall prepare and file with the Secretary of State a
certified copy of the audit report. [Formerly 545.070]
545.226
[Repealed by 1989 c.182 §49]
545.228 [1967
c.503 §4; 1993 c.771 §18; renumbered 545.551 in 1995]
545.230 [1967
c.503 §5; 1995 c.42 §137; renumbered 545.553 in 1995]
545.232 [1967
c.503 §6; 1995 c.42 §138; 1995 c.212 §4; renumbered 545.555 in 1995]
545.234 [1967
c.503 §7; 1995 c.42 §139; 1995 c.79 §305; renumbered 545.557 in 1995]
545.236 [1967
c.503 §8; 1995 c.42 §140; renumbered 545.559 in 1995]
POWERS OF DISTRICTS
(Acquisition of and Entry Onto Land)
545.237 Right to enter upon lands for
inspection and maintenance of water works. (1)
The board of directors, its officers or an agent or employee of the board of
directors may enter upon land of a water user of the district for inspection,
maintenance and regulation of ditches, pipelines, gates, pumps or other water
works. In the absence of an emergency, the district shall provide adequate and
appropriate notice prior to entering upon the land of the water user.
(2)
Any person exercising the right of entry granted under this section shall not
cause unnecessary damage to the property of the water user. The landowner shall
not be responsible to the person or the district for any injury or damage to
the person or district arising out of or occurring by reason of the entry,
except when the landowner intentionally causes injury or damage to the person
or district.
(3)
The right of entry granted by this section shall not constitute a right of
entry by the public onto the premises of the landowner. [Formerly 545.081]
545.239 Right to enter upon and acquire
lands and water rights; right of condemnation.
(1) The board of directors and its agents and employees have the right to enter
upon any land in the manner provided by ORS 35.220 to make surveys and may
locate the necessary irrigation or drainage works and the line for any canals
and the necessary branches for the works or canals on any lands that may be
considered best for such location. The board also has the right to acquire, by
lease, purchase, condemnation or other legal means, all lands, water, water
rights, rights of way, easements and other property, including canals and works
and the whole of irrigation systems or projects constructed or being
constructed by private owners, necessary for the construction, use, supply,
maintenance, repair and improvement of any canals and works proposed to be
constructed by the board. The board also has the right to so acquire lands, and
all necessary appurtenances, for reservoirs, and the right to store water in
constructed reservoirs, for the storage of needful waters, or for any other
purpose reasonably necessary for the purposes of the district.
(2)
In the acquisition of property under subsection (1) of this section, the
district has the right to acquire by condemnation property already devoted to
public use that is less necessary than the use for which it is required by the
district, whether used for irrigation or any other purpose, and any other
properties owned by the state or any of its departments or commissions. In the
acquisition of property or rights by condemnation, the board shall proceed in
the name of the district under the provisions of the laws of Oregon. [Formerly
545.082; 2003 c.477 §7]
545.241 Bond or other security as
condition of immediate possession in condemnation by irrigation or drainage
district. Prior to any party, officer or agent of
an irrigation or drainage district entering upon any land sought to be
condemned, the district shall furnish to the landowner an undertaking, either
by surety bond, personal bond, cash or other security, in an amount sufficient
to indemnify the landowner for the value of the land sought to be condemned,
together with all costs and attorney fees to which the landowner may be
entitled. This undertaking shall be conditioned so that the district shall pay
to the owner all damages, costs and attorney fees that the owner may suffer by
reason of the entry, or which may be awarded to the owner by a jury upon a
trial of the cause. [Formerly 545.084]
545.242
[Amended by 1989 c.182 §13; 1995 c.42 §141; renumbered 545.565 in 1995]
545.244
[Amended by 1995 c.42 §142; renumbered 545.567 in 1995]
545.245 Right to immediate possession in
condemnation proceeding. At any time after the board of
directors of an irrigation district or board of supervisors of a drainage
district has commenced proceedings to acquire title to any land necessary for
rights of way, or for construction, alteration, repair or reservoir purposes,
the district may enter into possession of the land and begin such work as may
be necessary to the development of the district. [Formerly 545.086]
545.246
[Amended by 1995 c.42 §143; renumbered 545.569 in 1995]
545.248
[Amended by 1989 c.182 §14; 1995 c.42 §144; renumbered 545.571 in 1995]
545.249 Right to condemn for irrigation
purposes is a superior right. The use of
all water required for the irrigation of the lands of any district formed under
the Irrigation District Law, together with all water rights and rights to
appropriate water, rights of way for canals and ditches, sites for reservoirs,
and all other property required in fully carrying out the Irrigation District
Law, is declared to be a public use more necessary and more beneficial than any
other use, either public or private, to which the water, water rights, rights
to appropriate water, lands or other property have been or may be appropriated
within the district. [Formerly 545.088]
545.250
[Amended by 1995 c.42 §145; renumbered 545.573 in 1995]
545.252
[Amended by 1989 c.182 §15; 1995 c.42 §146; renumbered 545.575 in 1995]
545.253 Title to and rights in property
acquired. The legal title to all property
acquired under ORS 545.239, 545.241, 545.245 and 545.249 shall immediately vest
in the irrigation district and shall be held by it in trust for and hereby is
dedicated and set apart to the uses and purposes set forth in the Irrigation
District Law. The board is authorized and empowered to hold, use, acquire,
manage, occupy, possess and dispose of the property as provided in the
Irrigation District Law. The title acquired by an irrigation district under ORS
545.239, 545.241, 545.245 and 545.249 shall be the fee simple or such lesser
estate as shall be designated in the judgment of appropriation. [Formerly
545.090; 2003 c.576 §497]
545.254
[Amended by 1979 c.562 §20; 1989 c.182 §16; 1995 c.42 §147; 1995 c.79 §306;
renumbered 545.577 in 1995]
545.256
[Amended by 1979 c.284 §167; 1981 c.178 §16; 1995 c.42 §148; renumbered 545.579
in 1995]
545.257 Authority of irrigation district
to acquire domestic or municipal water works; assumption of obligations; sale
of surplus water; impairment of irrigation service forbidden.
When an irrigation district is authorized by the electors of the district as
provided in ORS 545.305 and when it appears necessary, proper or beneficial to
its inhabitants, the irrigation district may:
(1)
Acquire by gift, lease, purchase, condemnation or other legal means, domestic
and municipal water works or water systems, and property incident to the works
or systems, including reservoirs, pumps, mains, stations, water, water rights
and all appurtenances. As a part of a transaction of acquisition, the district
may assume any outstanding obligations on the water works or water systems.
However, a right of condemnation shall not be granted against property of a
city.
(2)
Construct, reconstruct, equip, own, maintain, operate, sell, lease and dispose
of, domestic and municipal water works or systems and property, and all
appurtenances incident to the works, systems or property.
(3)
Furnish water for domestic and municipal uses to premises and inhabitants
within its district. In connection with furnishing water for domestic and
municipal use, the district may supply, furnish and sell, for the uses
mentioned in this section, any surplus water over and above the domestic and
municipal needs of its inhabitants, to persons or other public bodies as
defined in ORS 174.109, either within or outside the district. However, the
power to furnish water for domestic and municipal uses granted by this section
shall not be exercised in such a manner as to impair the service of the
district in furnishing water for irrigation purposes. [Formerly 545.110; 2003
c.802 §133]
545.258
[Amended by 1995 c.42 §149; renumbered 545.581 in 1995]
545.260
[Amended by 1969 c.694 §28; 1981 c.94 §45; 1989 c.182 §17; 1995 c.42 §150;
renumbered 545.585 in 1995]
545.262
[Amended by 1995 c.42 §151; renumbered 545.589 in 1995]
545.264
[Amended by 1995 c.42 §152; renumbered 545.595 in 1995]
545.266
[Amended by 1995 c.42 §153; renumbered 545.599 in 1995]
545.268
[Amended by 1995 c.42 §154; renumbered 545.603 in 1995]
545.270
[Amended by 1969 c.694 §29; 1995 c.42 §155; renumbered 545.607 in 1995]
(Distribution of Water)
545.271 Furnishing water.
Upon receiving proper compensation, an irrigation district may provide for and
furnish water for lands not included within the district and for lands within
the district but not subject to assessment by the district. An irrigation
district may acquire, assume or exercise any rights, property, powers or
obligations of a contractor with the state under the Carey Act and may be
organized in lieu of a water users’ association required either by statute or
contract. An irrigation district may provide for and furnish water for control
of the temperature, humidity or other qualities of the atmospheric conditions
pertaining to land otherwise irrigable under this chapter or under ORS chapter
552. [Formerly 545.102]
545.272
[Amended by 1995 c.42 §156; renumbered 545.617 in 1995]
545.274
[Amended by 1989 c.182 §18; 1995 c.42 §157; renumbered 545.621 in 1995]
545.275 Lien on crops for water supplied for irrigation; enforcement; attorney fees. (1) Any person or irrigation district that supplies water to any person or irrigation district for irrigation of crops shall, upon complying with subsection (2) of this section, have a lien upon all crops raised by the use of such water for the reasonable value of the water supplied as of the date when the water was first supplied for the crops