This chapter may be referred to as the
Irrigation District Law. [1995 c.42 §1] 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]
(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](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) Each person circulating the petition shall certify on each
signature sheet that every person who signed the petition did so in the
presence of the person circulating the petition.
(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](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] (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](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](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] (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]CHANGE OF DISTRICT BOUNDARIES(Generally)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) 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] 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] 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]
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]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](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](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] 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] (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] 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.(Subdistricts)(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.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.
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)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](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](1) When a subdivision is platted after
September 13, 1975, under ORS 92.010 to 92.190, if the subdivision has
three or more tracts on each acre of land within the subdivision, the
subdivision shall be excluded and taken from the district pursuant to ORS
545.097 to 545.126 at the time that the plat is approved by the
appropriate governing body.
(2) The exclusion provided in subsection (1) of this section shall
not apply to a district which:
(a) Also supplies domestic water approved by the Department of
Human Services to the subdivision; or
(b) Agrees to supply water to the subdivision. A district may
require as a condition of any agreement that:
(A) The subdivider install underground pipe from the 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]
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] 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]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] (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] 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)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)(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](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]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. The polls
shall be open on the day of the election during the hours fixed by ORS
254.325. The provisions of the general election laws of this state
concerning the form of ballot shall not apply to the elections held under
the Irrigation District Law. [Formerly 545.028](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 254.419. The
elector’s statement required by ORS 254.419 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 shall
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]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]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](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](Elections 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 shall
be 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) shall not be required to be in attendance until after the poll
closing time designated in ORS 254.325.
(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 shall 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 shall 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 254.325.
(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 the poll closing
time designated in ORS 254.325.
(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 shall not count any ballot cast by that
elector. [Formerly 545.045; 1999 c.452 §16; 2005 c.127 §1](Electoral Districts)
(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] (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] 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]BOARD OF DIRECTORS(Organization)(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]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]
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]If a director of an irrigation
district ceases to be a resident of the State of Oregon or ceases to be
an owner, or a shareholder of a corporate owner, of land that is subject
to the charges or assessments of the district situated in the division
from which the director was elected or appointed, the position of the
director shall become vacant and the vacancy shall be filled by
appointment as provided in ORS 198.320. [1995 c.754 §10](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](Change in Number of Directors)(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] 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]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]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](General Powers and Duties)(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](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]POWERS OF DISTRICTS(Acquisition of and Entry onto Land)(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](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]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]
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]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] 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]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](Distribution of 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](1) Any person or irrigation district that
supplies water to any person or irrigation district for irrigation of
crops shall, upon complying with subsection (2) of this section, have a
lien upon all crops raised by the use of such water for the reasonable
value of the water supplied as of the date when the water was first
supplied for the crops. The lien shall be a continuing one and shall bind
the crops after, as well as before, they have been gathered. The lien
shall be preferred to all other liens or encumbrances upon the crops,
except mortgages given to the state for the purchase of seed wheat.
(2) The person or irrigation district so supplying water, within 40
days after the water has been furnished, or within 40 days after the
close of the irrigation season, shall file with the county clerk of the
county in which the lands, or some part of the lands, are situated and
where the water has been furnished, a claim containing a true statement
of the account due for the water after deducting all just credits and
offsets. The claim shall also contain the date when the water was first
supplied, the name of the owner of the crops or reputed owner, if known,
the name of the person to whom the water was furnished and a description
of the lands upon which the crops were grown sufficient for
identification. The claim shall be verified by oath of some person having
knowledge of the facts and shall be filed with and recorded by the county
clerk in the book kept for the purpose of recording liens claimed under
ORS 87.035. The record shall be indexed as deeds and other conveyances
are required by law to be indexed, and the clerk shall receive the same
fees as required by law for recording deeds and other instruments.
(3) The lien may be enforced by a suit in equity. The remedy
provided by this section does not abrogate any other remedy provided by
law for the collection of dues, charges or assessment for water
furnished. The court may award reasonable attorney fees to a person or
irrigation district if the person or district prevails in an action to
foreclose a lien under this section. The court may award reasonable
attorney fees to a defendant who prevails in an action to foreclose a
lien under this section if the court determines that the plaintiff had no
objectively reasonable basis for asserting the claim or no reasonable
basis for appealing an adverse decision of the trial court.
(4) If all or part of the crop is sold prior to the filing of the
lien, or possession delivered to an agent, broker, cooperative agency or
other person to be sold or otherwise disposed of, and its identity lost
or destroyed or if the crop is commingled with like crops so that it
cannot be segregated, and if the purchaser, agent, broker, cooperative
agency or other person was notified of the filing of the lien by being
furnished with a certified copy of the claim of lien, then the lien
attaches to the proceeds of sale remaining in the possession of the
purchaser, agent, broker, cooperative agency or other person at the time
of the notice. The lien shall be as effective against the proceeds as
against the crop itself. [Formerly 545.104](1) The board of
directors may require a water user of the district:
(a) To install and maintain a lockable and controllable headgate or
other water control device at a point of delivery of water to the user’s
property; or
(b) To install a measuring device at a point of delivery as
necessary to assist the board in determining the amount of water to be
delivered to the user.
(2) When practicable, water control devices and measuring devices
under this section shall be constructed on property for which the
district holds existing easements.
(3) Except when an emergency requires the immediate installation of
a water control device to avoid loss of water, the board shall notify a
water user in writing that the water user is required by the board under
this section to install a water control device or a measuring device. The
notice shall be delivered personally or mailed by registered or certified
mail, return receipt requested, to the water user. Within the 20-day
period immediately following the date of personal delivery or mailing of
the notice or at any time before the date of the next regular meeting of
the board, the water user may file with the secretary of the board a
written objection to the requirement for installation of the device and
request a hearing before the board. After the hearing, the board may
affirm, amend or rescind its order to the water user for installation of
a water control device or measuring device. The decision of the board
shall be final. [Formerly 545.119](1) Two or more irrigation districts
or other water users’ organizations, organized under the laws of this
state or of any adjoining state, may enter into agreements with each
other and with the United States for the joint acquisition, operation,
maintenance, management, control, construction, care, repair or
improvement of works for diverting, impounding, distributing, irrigating
or draining of lands within the boundaries of the districts or other
water users’ organizations. Subject to ORS 545.257, agreements made under
this section may include provisions to furnish water for domestic and
municipal uses to premises and inhabitants within the boundaries of the
districts or other water users’ organization.
(2) Agreements entered into under this section may be evidenced by
written contracts executed on behalf of the board of directors or
trustees of each district or water users’ organization or by resolutions
entered upon their minutes. The contracts or certified copies of them and
certified copies of the resolutions may be recorded in the office in
which deeds are recorded in each county in which is situated any of the
land, works or other real property of the district or other water users’
organization.
(3) Agreements made under this section may provide for joint
ownership, several ownership or ownership in common of the property
convenient for the joint purposes of the parties to the agreement and may
provide for the terms under which the property or respective portions of
the property shall be held.
(4) Any rights or disputes arising out of or from the agreements
may be tried before and enforced by any court of competent jurisdiction
in this state.
(5) The districts or other water users’ organizations joined in any
agreement under this section are jointly granted the same power of
condemnation as is now possessed by one district or organization alone.
(6) Any meeting of the governing board of a district or other water
users’ organization of this state, regularly adjourned to or called
substantially in the manner for calling special meetings, may be held in
another state, in conjunction with the board of a cooperating district or
organization of such other state, with the same validity as if held in
the office of the district or organization in this state.
(7) In carrying out cooperative action under this section between a
district or other water users’ organization of this state and one of an
adjoining state, either district or organization may divert water from
either or both states, for impounding in the adjoining state, or for
distribution to the land of either or both of the cooperating districts
or organizations.
(8) So far as necessary for carrying out the purposes of this
section, a cooperating district or other water users’ organization in an
adjoining state may hold title to property in this state, and a
cooperating district or organization in this state may hold title to
property in the adjoining state. [Formerly 545.124](1) This section applies:
(a) When a parcel of land lying within an irrigation district is
subdivided or partitioned into tracts, and the owner has made no
provision which in the opinion of the board of directors is adequate for
the proper distribution of water to the tracts; or
(b) When improvements for the distribution or delivery of water to
any tract of land are not owned by the district and the owner or person
in control of the improvement fails to maintain, repair or replace the
improvement as required for the proper and efficient distribution or
delivery of water to any tract.
(2) When the interest or convenience of such tracts requires the
construction, repair or maintenance of any ditch, flume, dike, aqueduct
or other improvement, the board may construct, repair or maintain the
improvement. In order to defray the whole or any portion of the cost and
expense of the improvement, the board may levy and collect an assessment
upon all tracts specially benefited by the improvement or provide for a
charge against the landowner of any tract specially benefited by the
improvement. The board may determine what lands are specially benefited
by the construction, repair or maintenance, and the amount to which each
tract is benefited. [Formerly 545.408; 1999 c.452 §23]When a parcel of
land lying within an irrigation district is subdivided or partitioned
into tracts, and plats of such subdivision are filed as provided by law,
if the owners fail properly to apportion the water to their various
tracts in the subdivision, the board of directors may employ some
competent person to distribute and apportion water for the tracts. The
reasonable cost of the distribution and apportionment of water shall be
apportioned each year by the board to the tracts. The cost of the
distribution and apportionment of water shall be assessed or charged by
the board as a special charge to the tracts in the same manner as other
assessments or charges are made and extended upon the tax rolls of the
county in which the irrigation district lies. The assessments or charges
so levied and apportioned shall be a lien upon the tracts and shall be
collected in the same manner as all other assessments or charges are
levied and collected by the board. [Formerly 545.410; 1999 c.452 §24](1) When the board of
directors considers it expedient or necessary to construct, repair or
maintain ditches, flumes, dikes, aqueducts or other improvement, as
provided in ORS 545.287, or to employ the services of some competent
person to distribute and apportion water for any subdivision, as provided
in ORS 545.291, the board shall declare its intention by resolution.
(2) A resolution shall be posted in three public places in the
subdivision for five days. Within 10 days from the date when the
resolution is posted, the owner of any property within a tract may file
with the secretary a written remonstrance against the proposed
improvement or employment. The board hearing the remonstrances may, in
its discretion, overrule any remonstrance and, by resolution, order
construction, repair or maintenance of the improvements. The board may
either enter into a contract to complete the improvement or, in its
discretion, complete the improvement under its own supervision. After the
work on the improvement is completed the board shall, by resolution,
apportion the costs and declare an assessment upon each tract benefited.
The assessments declared under this section shall be final and
conclusive. [Formerly 545.412](1)
Notwithstanding any other provisions of this chapter, in any irrigation
district that was formed before April 23, 1959, and that lies entirely
west of the summit of the Cascade Mountains, the board of directors
shall, as a condition precedent to the delivery of water and the charging
and assessment of any lands within the district that have not been
irrigated or charged or assessed, determine:
(a) That the delivery of water to the lands will not result in an
inadequate supply of water deliverable to the other lands within the
district charged or assessed at that time; and
(b) That the lands can be served by the facilities of the district
without impairing the ability of the district adequately to serve the
lands previously charged or assessed.
(2) After making the determination required by subsection (1) of
this section the board of directors may, as a condition for the delivery
of water and the charging or assessment of the lands, require that the
applicants contract to pay to the district such sums as the board
determines. However, these sums shall not exceed the amount the
applicants or their predecessors in interest would have been required to
pay to the district for charges and assessments for the payment of their
pro rata share of all bonds previously issued and the interest on the
bonds, or other indebtedness incurred by the district, had such lands
been included in the district when such bonds were issued or such
indebtedness incurred. However, there shall be credited to these sums any
amount previously paid on behalf of these lands on the bonds or
indebtedness.
(3) The charges made under subsection (2) of this section shall be
set forth in the order allowing the inclusion of the lands in the
district. A certified copy of the order shall be recorded in the same
manner as provided by ORS 545.079 and the charges and assessments paid,
collected and enforced as provided by that section.
(4) For the purposes of this section the summit of the Cascade
Mountains is considered to be a line beginning at the intersection of the
western boundary of Hood River County with the northern boundary of the
State of Oregon, thence southerly along the western boundaries of the
counties of Hood River, Wasco, Jefferson, Deschutes and Klamath to the
southern boundary of the State of Oregon. [Formerly 545.065](Finances)In carrying out and executing
the powers conferred in this section and ORS 545.257, 545.303 and
545.305, an irrigation district may borrow money and issue bonds or other
evidences of indebtedness. The district may contract with the United
States or any agency thereof for the acquisition, construction,
reconstruction, maintenance or operation of all or part of a domestic and
municipal water system. The powers granted by this section shall not be
exercised without the prior approval of a majority of the electors of the
district at an election conducted as declared in ORS 545.305. However, no
authority granted before March 5, 1945, to any irrigation district by a
majority of the electors of the district at an election held pursuant to
any other law shall be limited or otherwise affected by this section and
ORS 545.257, 545.303 and 545.305. [Formerly 545.112](1) The district shall charge
consumers for the water furnished in amounts so that the domestic and
municipal water system shall be self-sustaining. All indebtedness
incurred in the acquisition, construction, maintenance, operation and
disposition of the water system shall be paid from the revenues so
collected and from the proceeds of the disposition of the whole or any
part of the water system. The board of directors may establish rates or
charges to be paid by each person whose premises are served. The rates or
charges may be fixed and classified according to the type of use,
according to the amount of water used and according to whether the
property serviced lies within or outside the boundaries of the district.
(2) The district shall establish and maintain separate accounts
covering the acquisition, construction, reconstruction, maintenance,
operation and disposition of the domestic and municipal water system. All
moneys collected from the operation and disposition of the whole or any
part of the water system shall be deposited in a special fund to be
designated “Domestic Water Fund.” Moneys in the fund shall be disbursed
only in connection with the water system. [Formerly 545.114] (1) When
the board of directors of an irrigation district has determined by
resolution that it is for the best interests of its inhabitants that it
exercise any of the powers mentioned in ORS 545.257, including the
refunding of outstanding bonds, the board shall, by resolution, specify
the particular powers it proposes to exercise and order an election to be
conducted. Upon the order being entered, an election shall be held by the
qualified electors of the district to determine:
(a) Whether or not bonds in any amount designated by the board in
such order shall be issued for any purpose necessary or convenient in
carrying out this section and ORS 545.257, 545.301 and 545.303; and
(b) Whether or not the board shall proceed to exercise the powers,
or any of them, specified in the resolution.
(2) Notice of the election shall be given in the manner provided in
ORS 545.511, and that section shall apply to all subsequent proceedings
under this section and ORS 545.257, 545.301 and 545.303. [Formerly
545.116] When
there are surplus funds not necessary for the payment of current
obligations of the district in any construction fund, operation and
maintenance fund, sinking fund, United States Contract Fund, State of
Oregon Contract Fund, emergency fund or any other fund of the district,
the board of directors of an irrigation district may invest the surplus
funds in bonds of the United States or the State of Oregon. The district
may hold and dispose of the bonds at such times as may be necessary to
the conduct of the business and affairs of the district. [Formerly
545.224](Construction of Improvements)(1)
The holders of title, or evidence of title, representing a majority of
the acreage of any body of land within any irrigation district may file
with the board of directors of the district a petition in writing,
requesting the construction of any improvement necessary or expedient for
the efficient irrigation of the lands.
(2) The petition shall contain:
(a) A general description of the proposed improvement;
(b) A description of the tracts, or body of land, owned by the
petitioners; and
(c) A description of the exterior boundaries of the land for which
the proposed improvement is to be constructed and a description of any
lands that are to be excepted from the benefit or use of the proposed
improvement.
(3) The petition shall also contain an agreement on the part of the
petitioners that the cost of construction of the improvement shall
constitute a lien upon the lands within the exterior boundaries of the
land described in the petition, except for the lands that are excepted
from the benefit or use of the proposed improvement, and that the lands
shall be assessed for and pay the cost of the improvement.
(4) The petition shall be deemed to give assent of the petitioners
to construction of the improvement and shall authorize the assessment of
the cost of such improvement upon and against the lands described in the
petition and not specifically therein excepted. The petition shall be
acknowledged in the same manner that conveyances of land are required to
be acknowledged. [Formerly 545.402](1) If the board of directors considers it for
the best interest of the district that the proposed improvement be
constructed, the board, by resolution, may call an election to be held
within the boundaries of the land described in the petition for the
purpose of submitting the question as to whether or not the proposed
improvement shall be constructed. The board shall in the resolution fix
the time and place of holding the election, specify the polling place and
appoint three judges who shall constitute a board of election. The
resolution shall also contain the ballot title to be used at the
election. The ballot title shall contain such information as in the
judgment of the board will advise the owners of the land to be charged
with the cost of the proposed improvement as to the general nature of the
improvement and the estimated cost.
(2) The board at the time of calling the election within the land
described in the petition shall also by resolution call an election to be
held within the district at large for the purpose of submitting the
question as to whether or not the proposed improvement shall be
constructed. This resolution shall contain provisions identical with
those provided for in subsection (1) of this section. The election in the
district at large shall be held on the same day that the election within
the territory described in the petition is held. The election shall be
conducted, as nearly as practicable, in accordance with the general
election laws of the state applicable to irrigation districts. [Formerly
545.404]If a majority of the votes
cast by the electors within the boundaries of the land described in the
petition are “Improvement–Yes,” and if a majority of the votes cast by
the electors in the district at large are “Improvement–Yes,” then, but
not otherwise, the board shall construct the improvement. The cost of
construction shall be apportioned by the board to the lands within the
boundaries described in the petition, so that each acre of irrigable land
within those boundaries shall be assessed and required to pay the same
amount. In all other respects the assessment and its levy and collection
shall be, as nearly as practicable, in accordance with the assessment,
levy and collection of other assessments and taxes levied upon lands
within the district. [Formerly 545.406](Miscellaneous)When it appears necessary, proper or
beneficial to drain any of the lands within the district, either for the
benefit of the lands actually requiring drainage or for the protection of
other lands within the district, and without regard to whether or not the
irrigation works have been actually acquired or constructed, an
irrigation district may cause drainage canals and works to be
constructed. When exercising the authority granted by this section
relating to drainage, the district shall have the same power and
authority as is conferred on the district with regard to irrigation. All
powers in the Irrigation District Law conferred upon irrigation districts
with respect to irrigation shall be construed to include drainage.
However, any bonds issued solely for drainage purposes shall be known as
“Drainage Bonds of _____ Irrigation District.” [Formerly 545.106]DEVELOPMENT OF DISTRICT LANDS BY UNITED STATES(1) For the purpose of
acquiring control over government land within the district and of
complying with the provisions of the Act of Congress entitled “An act to
promote reclamation of arid lands,” approved August 11, 1916, the board
of directors may make investigations, and, based thereon, such
representations and assurances to the Secretary of the Interior as may be
requisite. The board may enter into any obligation or contract with the
United States for:
(a) The construction, operation and maintenance of the necessary
works for the delivery and distribution of water under the Federal
Reclamation Act and the rules and regulations established thereunder. The
board may contract for the refusal of water service to any lands which
are in default in the payment of any assessment levied to carry out any
contract between the district and the United States.
(b) The assumption, as principal or guarantor, of indebtedness to
the United States on account of district lands.
(2) The board may also contract with the United States for a water
supply or drainage works under any Act of Congress providing for or
permitting the contract.
(3) When a contract is made with the United States, as provided in
this section, bonds of the district may be deposited with the United
States, at 90 percent of their par value, to the amount to be paid by the
district to the United States under the contract. The interest on the
bonds, if bearing interest, shall be provided for by assessment and levy,
as in the case of other bonds of the district, and regularly paid to the
United States to be applied as provided in the contract. If the bonds of
the district are not so deposited, the board of directors shall include,
as part of any levy or assessment provided for in the Irrigation District
Law, an amount sufficient to meet each year all payments accruing under
the terms of the contract.
(4) The board may accept, on behalf of the district, appointment of
the district as fiscal agent of the United States, or authorization of
the district by the United States to make collections of money for or on
behalf of the United States in connection with any federal reclamation
project. If the board accepts the appointment or authorization, the
district is authorized to act as fiscal agent or to make the collections
of money and to assume the duties and liabilities incident to such
action. The board also has full power to do all things required by the
federal statutes enacted in connection with districts serving as fiscal
agents or collectors of moneys for reclamation projects, and all things
required by the rules and regulations established by any department of
the federal government in regard thereto. [Formerly 545.076] Any property acquired
by the district may be conveyed to the United States in so far as the
property may be needed by the United States for the construction,
operation and maintenance of works for the benefit of the district under
any contract that may be entered into with the United States under ORS
545.343 or 545.347. [Formerly 545.078]The board of directors may also enter into any obligation
or contract with the United States for the construction, operation and
maintenance of the necessary works for the delivery and distribution of
water under the Act of Congress of December 5, 1924, entitled “An act
making appropriations to supply deficiencies in certain appropriations
for the fiscal year ending June 30, 1924, and prior fiscal years, to
provide supplemental appropriations for the fiscal year ending June 30,
1925, and for other purposes.” In such contract, the board of directors
may provide for payment of charges to the United States upon the basis
authorized by the Act of Congress of December 5, 1924, commonly known as
the “Fact Finders’ Act,” and under the rules and regulations that may be
promulgated by the Bureau of Reclamation of the United States. [Formerly
545.080]Any irrigation
district organized under the laws of Oregon may turn over to the federal
government, or any federal agency, any lands owned or controlled by the
district, for the purpose of development and colonization by the federal
government or federal agency. The irrigation district may levy
assessments for repayment to the federal government or federal agency of
the sum expended in the development of the lands, with interest on the
assessments not to exceed six percent per annum. The district may also
assess the lands to cover repayment to the district of its cost, with
interest on the assessments not to exceed six percent per annum. The
district shall deposit the moneys collected as assessments in the “Bond
Fund” account, or the “United States Contract Fund” account, or the “Bond
and United States Contract Fund” account, as appropriate. The latter
assessments shall be in addition to the assessments which may be levied
to meet the reclamation charges, interest on the reclamation charges and
maintenance. Irrigation districts may enter into contracts and assume
obligations with the federal government or any federal agency, as may be
necessary, expedient or desirable to bring about the development of lands
in the irrigation district. [Formerly 545.172]In order to make the lands available
for development by the federal government or any federal agency, as
provided in ORS 545.349, any irrigation district may accept from any
landowner within the district title to any part of the land of the
landowner and allow the landowner credit to the extent of the reasonable
value of that land on the reclamation charge against the remainder of the
land of the landowner. However, credit shall not be allowed so as to
entirely extinguish the reclamation charge against any land in the
district, and land shall not be accepted by the district or credit
allowed until a contract has been executed by the district and the
federal government or some federal agency for development of the lands.
[Formerly 545.174]When an irrigation district under contract with the
United States has levied any assessment for collection of money payable
to the United States under the contract, if the Secretary of the Interior
has, by agreement with the board of directors of the district, authorized
the extension or cancellation of any payments due the United States by
the cancellation of assessments already levied but remaining unpaid, the
board of directors shall certify to the tax collector of the county in
which the land is located a statement of the year and amounts assessed
against each tract for which cancellation has been authorized. The tax
collector upon receipt of the certificates shall, if the assessment
remains unpaid, indorse upon the district’s assessment roll, “Corrected
under certificate of board of directors,” and deduct and cancel from the
assessment against each tract the amount of the assessment authorized to
be canceled. [Formerly 545.176; 1997 c.170 §51]
(1) When the board of directors of any irrigation district determines
that it is for the best interest of the district that the floodwaters of
any stream that enters upon the district or whose waters are used in the
irrigating of any of the lands in the district be controlled, the board
may enter into a contract with the United States Government, or any of
its agencies which may be empowered to construct flood works. The
contract shall require the irrigation district:
(a) To provide without cost to the United States all lands,
easements and rights of way necessary for such control project or works.
(b) To hold and save harmless the United States or any of its
agencies or officers from loss or damage by reason of the construction of
the flood control project and works.
(c) To maintain and operate all the works after construction in
accordance with any regulations prescribed by the United States or its
agencies or officers.
(2) The contract shall not be binding upon the district until it
has been approved by the legal voters of the district as provided by ORS
545.511 and 545.513 (1). When the contract has been so executed and
approved the board shall carry out fully the provisions of the contract.
[Formerly 545.178]SALE OF DISTRICT PROPERTYAny irrigation district
foreclosing or otherwise acquiring any real property may lease, operate
or sell the property upon such terms and taking such security for the
rental or purchase price as the board of directors may consider
advisable. A member of the board of directors or employee of the
irrigation district shall not purchase or be interested in any contract
for purchase of lands sold by the district. [Formerly 545.142]When the board of directors of an irrigation
district considers it to be for the best interests of the district to
sell any property owned by the district and not required for district
purposes, including excess storage or carrying capacity, surplus water or
water rights, or to dispose by contract, lease or sale of any undeveloped
hydroelectric power, the board shall adopt and enter in the minutes of
its proceedings a resolution stating in substance:
(1) A general description of property to be sold.
(2) The amount of the excess capacity or surplus water owned by the
district and the amount proposed to be sold.
(3) That the sale can be made without impairing the security of the
outstanding bonds. [Formerly 545.144]The board of directors may then
proceed to obtain releases of the lien of all outstanding bonds against
the property it is proposed to sell. Release of the lien shall be in
writing and acknowledged by the holders of the bonds in substantially the
same manner and form as is required for a conveyance of land. However,
the notary or other officer taking the acknowledgment shall include in
the certificate of acknowledgment, or in another appropriate certificate,
the fact that the bonds described in the instrument were exhibited to the
notary or other officer by the bondholder making the acknowledgment. The
acknowledgment shall have the same force and effect as evidence as has
the acknowledgment of a conveyance. The certificate of the officer taking
the acknowledgment that the bonds were exhibited shall be conclusive
evidence of the ownership of the bonds by the person executing and
acknowledging the release. The acknowledged release shall be filed with
the board and recorded in its minutes. The minutes, or a copy thereof
certified by the secretary of the board, shall be admissible in evidence
with the same effect as the original of the acknowledged release.
[Formerly 545.146]The board may obtain constructive consent to the release of the lien of
all outstanding bonds against property to be sold by publishing a notice
describing the property to be released from the lien of outstanding
bonds, and requiring all holders of bonds against the district to present
in writing their dissent from or objection to release of the lien of all
bonds against the property to be sold. The board shall publish the notice
for at least four consecutive weeks in three newspapers published in
Oregon. One of the newspapers must be a newspaper published in the county
in which the office of the board is located, if such a newspaper exists.
Any holders who fail to file objection or dissent within 90 days from the
date of the first publication of the notice shall be considered to have
released the lien of their bonds on the property. The board shall enter
its order to the effect that, for the purpose of the sale, the lien of
all such bonds has been released from the property to be sold. If any
objection or dissent is filed within the time required by the notice, the
board shall fix a time for a hearing on the objection or dissent and at
the hearing shall determine whether or not the sale can be made without
impairing the security of the bonds. If the board determines that the
sale can be made, it shall enter its order to that effect and may proceed
to sell the property. If the board determines that the sale cannot be
made, it may postpone the sale until the objection is removed. [Formerly
545.148] All
proceeds from the sale of property owned by the district and subject to
the lien of outstanding bonds shall be held in a special fund to be
applied:
(1) First, to the construction or reconstruction of the drainage or
other works of the district that are required by the United States as one
of the conditions for the purchase of the property by the United States;
and
(2) Second, as may be agreed between the district and the holders
of the bonds, except that when the proceeds are applied to bonded
indebtedness, the application shall be made to payment on the outstanding
bonds as their interests may appear. [Formerly 545.150](1) A sale of excess storage or
carrying capacity or a sale of surplus water or water rights by the board
shall not give the purchaser any prior or superior right in the water
rights, water supplies, reservoir or irrigation works of the district
over the rights retained by the district for lands within the district.
(2) If the contracts or instruments are considered advantageous to
the district, the board may enter into contracts and execute instruments
as may be necessary:
(a) To transfer property, including excess storage and carrying
capacity and surplus water and water rights;
(b) To transfer the right to the use of the quantity of water sold;
(c) To transfer an interest in the reservoir and other irrigation
works of the district; or
(d) For the joint management and operation of any or all of the
works of the district.
(3) Property of the district that is the subject of a contract or
instrument executed under this section must be released from the lien of
outstanding bonds of the district prior to the execution of the contract
or instrument. [Formerly 545.152]CHARGES AND ASSESSMENTS(Generally)(1) On or before the first Tuesday in April of each year, the
board of directors shall make a computation of the whole amount of money
necessary to be raised by the district for the ensuing year for any
purpose whatsoever in carrying out the Irrigation District Law, including
estimated delinquencies on assessments. The board may provide for a
reasonable maintenance and operation reserve fund. The amount determined
by the board shall constitute an assessment upon all the land included in
the district. The amount determined by the board shall be apportioned by
the board to the lands owned or held by each person so that each acre of
irrigable land in the district shall be assessed and required to pay the
same amount, except as otherwise provided in this section and ORS
545.385, 545.387, 545.389, 545.391 and 545.413.
(2) The board of directors shall determine the number of irrigable
acres owned by each landowner in the district and the proportionate
assessments as nearly as may be from available information. If a
substantial error is made in the determination, proper adjustment may be
made at the next equalization of the annual assessment by increasing or
decreasing the amount any landowner shall pay. Any lands owned by any
person totaling less than one acre in area shall be assessed as one acre.
(3) Until such time as the water rights appurtenant to any tract of
land within an irrigation district are acquired by the district, the
assessments against that land, except for operation, maintenance and
drainage, shall be in the same proportion to a full assessment as the
additional water right to be supplied to the tract bears to a full water
right. For operation, maintenance and drainage, each irrigable acre in
the district shall be assessed the same, except as otherwise provided in
ORS 545.387, 545.389, 545.391 and 545.413. [Formerly 545.432; 2001 c.215
§19](1) Notwithstanding ORS 545.381 or 545.482 to
545.508, an irrigation district that assesses land in the district under
ORS 545.381 or 545.482 to 545.508 may assess any land within the district
to which the district furnishes or supplies water for irrigation purposes
and which:
(a) Lies above the level of the canals or ditches of the district
and is irrigated by pumping by the landowner;
(b) Is irrigated by a partial, supplemental or intermittent supply
of water from the district;
(c) Is irrigated by impounded water of the district; or
(d) Is irrigated by water of the district which is subject to prior
use by other lands within the district.
(2) The amount of the assessment on land described in subsection
(1) of this section shall be an amount that the board determines to be
just, taking into consideration the benefit to the land assessed and
extra expenses, if any, of the landowner or holder in using such water.
However, the amount may not exceed the amount assessed against irrigable
acres lying below the level of the canals or ditches of the district.
(3) Notwithstanding ORS 545.381 or 545.482 to 545.508, an
irrigation district which assesses land in the district under ORS 545.381
or 545.482 to 545.508 may assess a service charge, in addition to the
regular assessment, against subdivided and small tract lands that have
appurtenant water rights and to which irrigation water is furnished or is
available for delivery. A service charge authorized by this section shall
be assessed against lands only when delivery of water to these lands
requires operation, construction and maintenance costs substantially
greater than operation, construction and maintenance costs involved in
delivering water to the majority of other lands in the district. All such
small tract or subdivided lands shall be placed in groupings rounded up
to the next whole acre, and each grouping shall be assessed as a single
class. [Formerly 545.433]
After an affirmative vote at any regular or special election called or
held under the Irrigation District Law, a district issuing bonds may
proceed to levy and collect assessments for any purposes of the
irrigation district on a benefit basis instead of on the basis of the
number of irrigable acres. The valuation of lands for determination of
benefits shall be made by three competent, disinterested viewers
appointed by the governing body of the county. The viewers shall classify
the lands included in each ownership or smallest legal subdivision and
fix the assessments according to the productive value of water and land
prepared to receive water. The assessments shall be determined without
regard to permanent improvements, such as buildings or orchards. When
fixing the amount of assessments, the viewers shall provide proper
deductions for partial water rights appurtenant to any tract of land
within the district not furnished by the district. However, no change in
method of assessment shall be made except with the consent of the holders
of outstanding bonds. [Formerly 545.434](1) In fixing the proportionate part of
the cost of the reclamation that each owner of land shall pay, the amount
to be paid to any owner for easements, rights of way, water rights or
other property or rights required by the district, may be deducted from
the amount that the owner of the property or rights would otherwise be
required to pay, and assessments for payment of the cost of the
reclamation, and interest thereon, may be made accordingly. Property and
rights so acquired shall not be vested in the district until bonds have
been disposed of or means otherwise provided for reclamation of the land
in the district.
(2) Before completion of the project, the board may adjust the
assessment so that the lands to which the district delivered water or
could on demand have delivered water, during the preceding irrigation
season, shall, in addition to their pro rata share of the remainder of
the assessment, pay for the operation and maintenance of the constructed
or partially constructed works through which the lands receive water.
[Formerly 545.436] (1) When a
contract has been made with the United States, in addition to the amount
determined and apportioned as provided in ORS 545.381, 545.385, 545.387
and 545.389, the board shall also fix the amount payable by each tract
within the district, in accordance with the federal reclamation laws and
the public notices, orders and regulations issued under the federal
reclamation laws and in compliance with any contract made by the United
States with the owners of the lands and with the contracts between the
district and the United States. When the contract lands having a partial
water right or partial rights in a system of irrigation, or irrigation
and drainage, appurtenant to the lands, the amounts payable shall be
according to the benefits to the lands, making due allowances for
existing rights. The amounts so determined, fixed and apportioned shall
constitute an assessment upon the lands of the district.
(2) In irrigation districts which enter into a contract with the
United States providing for the payment of charges to the United States
upon the basis authorized by the Act of Congress of December 5, 1924,
entitled “An act making appropriations to supply deficiencies in certain
appropriations for the fiscal year ending June 30, 1924, and prior fiscal
years, to provide supplemental appropriations for the fiscal year ending
June 30, 1925, and for other purposes,” annual levies of assessments for
the purpose of making payment to the United States under the contract may
be made by the board on the basis provided for in that Act and the
contract, either before or after judicial confirmation of apportionment
of benefits. In such districts annual levies for the purpose of making
construction payments to the United States may be made on the basis of
the gross average annual acre-income of the lands of the district or
divisions of the district, or classes of lands in the district, as such
gross average annual acre-income is determined by the Secretary of the
Interior, until the amount apportioned against each tract has been fully
paid. [Formerly 545.438]When an irrigation
district has entered into a contract with the United States providing for
payment to the United States under any federal reclamation law, the board
of directors of the irrigation district, at any regular meeting that is
not later than its meeting on the second Tuesday of September of any
year, may enter a resolution fixing the date upon which computation shall
be made of the necessary funds to be raised as provided in ORS 545.391
and the date when the board shall convene as a board of equalization. In
the resolution, the board of directors may authorize the discounts that
may be provided for in the contract between the district and the United
States for payment of assessments in full on or before December 31 of the
year in which the assessments are made. The board of directors shall make
the levy of assessments in such amount that the discount can be allowed
without reducing collections below the required amount. The resolution
shall be published for two consecutive weeks in a newspaper in the county
in which the office of the district is located. The resolution thereafter
shall remain in full force and effect until revoked by the board. If the
district does not collect its own assessments, the assessment shall be
completed and the levy filed with the county assessor prior to November
30 of the year in which the assessment is made. After receipt of a
certified copy of the resolution, the county officers charged with the
collection of irrigation district assessments shall collect the
assessments in accord with the provisions of the resolution. [Formerly
545.442]An irrigation district may
provide for the reclamation, improvement or irrigation of the lands
within the district in units. When a district does so, the assessments
against the lands in the district may be apportioned by the board of
directors to the lands owned or held by each person so that the lands in
each unit shall pay the cost of reclaiming, improving, maintaining and
operating the lands in the unit. Within the units the assessments shall
be apportioned in accordance with ORS 545.381, 545.385, 545.387, 545.389,
545.391 and 545.413. Land noncontiguous to an irrigation district may be
included in the district as a unit at the time of the organization of the
district or at any subsequent time. Prior to the completion of the works
for the reclamation of any units the lands in the units may be assessed
as appears equitable to the board, subject to the rights of land owners
in the district to have the assessments adjusted by the board of
equalization and to appeal therefrom. However, all reclaimed or improved
lands, whether irrigated or not, shall be subject to assessment for the
payment of any obligation of the district. [Formerly 545.444; 1999 c.452
§25] The reclamation,
division, improvement and assessment of lands within any irrigation
district in units, made before June 2, 1927, are hereby validated.
[Formerly 545.446]When an irrigation district has entered into any contract with
any governmental agency of the United States for a loan under ORS 548.305
to 548.325, the board of directors of the district may levy annually
assessments upon the lands in the district or bill the water users
directly for the purpose of carrying out and complying with the terms and
provisions of the contract. [Formerly 545.382] All moneys
realized from any assessments levied under ORS 545.399 shall be deposited
by the treasurer of the district into a special fund, which shall be used
solely for the purpose of carrying out and complying with the terms of
the contract and the payment of installments of principal and interest
falling due upon any bonds issued pursuant to the contract. [Formerly
545.384](Assessment Procedure)The board shall prepare a list or record of the
assessments and apportionments in duplicate, giving the description of
the ownership or holdings of each person assessed or apportioned. One
copy of the list or record shall be a permanent record in the office of
the board. Any irregularity or error in the description shall not be
considered jurisdictional, or render the assessment void, if the land
assessed can be identified. The assessment and apportionment made by the
board of directors is prima facie evidence that all the requirements of
the law in relation to the assessment and apportionment have been
complied with and that the assessments are liens against the property to
the same extent as other taxes lawfully levied. [Formerly 545.440]Not more
than 30 nor less than 10 days before the annual date specified by the
board of directors as provided in ORS 545.418, the secretary of the board
shall give notice of the time the board, acting as a board of
equalization, will meet for the purpose of reviewing and correcting its
assessment and apportionment of taxes, as provided in ORS 545.418. The
secretary of the board shall publish the notice at least once in a
newspaper published in each county in which the district is situated. The
board shall meet for this purpose on the date specified by the board as
provided in ORS 545.418. In the meantime the assessment list and record
shall remain in the office of the secretary of the board, for the
inspection of all persons interested. All persons shall be presumed to
have notice of the time of the meeting, whether they receive actual
notice or not. [Formerly 545.448]The board of
directors shall meet annually on a date specified by the board as a board
of equalization. As a board of equalization, the board of directors shall
continue in session from day to day, as long as necessary, to hear and
determine any objections by any interested persons to the assessments and
apportionment of assessments made under the Irrigation District Law. The
board of directors shall also hear and determine any other matters
connected with assessments and their apportionment that may come before
them. The board shall change its assessment and apportionment and the
list and record of the assessment and apportionment in any respect and
manner that may be necessary to make the assessment and apportionment
just and in accordance with the facts. The secretary of the board of
directors shall be present during sessions of the board of equalization,
and shall note all changes made in the assessment, apportionments, lists
and records and names of the persons whose property is listed. [Formerly
545.450](1) After
the board has completed its assessment, it shall certify the assessment
to the county assessor of each county in which district lands are
situated. The certificate shall be made in the manner provided in ORS
310.060. The county assessor shall enter the apportionment upon the
county assessment roll against the property described in the certificate,
in the same manner that other municipal assessments are entered by the
county assessor. However, the sum apportioned to and charged for
operation and maintenance and the sums apportioned for all other purposes
shall be entered by the assessor separately on the assessment roll as the
irrigation district taxes against the property.
(2) The taxes shall be collected and accounted for in the same
manner as other municipal taxes, and the collection enforced in the same
manner as the other taxes of the county, except that the tax collector
shall collect and account for the tax for operation and maintenance
separate from the taxes levied by the district for other purposes. When
paid to the county treasurer, all taxes or assessments levied and
collected for operation and maintenance shall be carried in a fund to be
known as the operation and maintenance fund. All warrants issued in
payment for operation and maintenance shall be drawn against and paid out
of that fund.
(3) Any land, title to which is vested in the state, including
lands segregated under the Carey Act or state lands sold under contract,
in any irrigation district, shall be subject to taxation by the district.
The full amount of assessments due against the lands shall be paid to the
district before the same is sold, resold or contract for sale executed.
The public lands of the United States within the district, whether
entered or unentered, shall be subject to taxation under the Act of
Congress of August 11, 1916. [Formerly 545.452]In case of neglect or refusal of the board of directors
to have the assessment and levy made, the assessment and levy shall be
made and equalized by the county court of the county in which the office
of the board of directors is situated. The county court, while sitting
for the transaction of county business, shall make the assessments and
levy in the same manner that the court levies county taxes. An assessment
and levy made by the county court shall have the same effect as an
assessment and levy made by the board of directors. All expenses incident
to an assessment and levy made by a county court under this section shall
be borne by the district. The levy and assessment shall be entered on the
county tax roll by the county assessor in the manner provided in ORS
545.420. [Formerly 545.454]When the assessments were made
substantially in accordance with ORS 545.381, 545.385, 545.387, 545.389,
545.391 and 545.413, all assessments made before May 24, 1933, against
real property within any irrigation district by the board of directors of
the district are hereby validated. The assessments shall be a lien upon
the real property described in the assessment, notwithstanding that the
assessments were not entered on the county assessment roll against the
property described as provided by ORS 545.420. Any assessment levied
against lands partly within and partly outside the boundaries of any
irrigation district shall not be void because the lands are partly
outside the district, but shall constitute a valid assessment against
that portion of the lands described in the assessment lying within the
boundaries of the irrigation district. [Formerly 545.456]When land is sold for assessments correctly imposed as the property
of a particular person, no misnomer of the owner or supposed owner, or
other mistake relating to the ownership, shall affect the sale or render
it void or voidable. [Formerly 545.458]For the purpose of providing moneys for
payment of the bonds of an irrigation district and interest on the bonds,
the board, by resolution, may provide for the collection of its
assessments from the irrigable land within the district and require the
collection to be made by the secretary of the board. The board may direct
the time and manner of making the collection and may require the
assessments to be paid in advance of the delivery of water. Any charges
or assessments remaining unpaid on any land within the district at the
end of an irrigation season may be placed upon an assessment list in
accordance with ORS 545.381 to 545.397 and 545.413 to 545.422. The
charges and assessments shall constitute a lien upon the land and shall
be collected as provided by ORS 545.420 and 545.422. [Formerly 545.522]When any irrigation district provides for the collection of
funds for the payment of bonds and bond interest in accordance with ORS
545.428, if thereafter any holder of bonds of the district objects in
writing to that method of collection, the district shall pay the bonds
from funds obtained in the manner provided in ORS 545.529, 545.532,
545.535 and 545.537. [Formerly 545.524](Unpaid Assessments)The board of directors of an
irrigation district may withhold delivery of water to any land within the
district until such time as unpaid assessments appearing on the county
tax rolls levied against the lands for any prior year, as the board may
direct, are paid. A board of directors may accept promissory notes,
chattel or real property mortgages or other security, as security for the
payment of any delinquent assessments. [Amended by 1995 c.42 §102]The board of directors of an irrigation
district may cancel or compromise any liens for unpaid assessments of the
district on lands which have been acquired for taxes by a county.
[Amended by 1995 c.42 §103]When the board of directors considers
it to be for the best interests of the district to compromise or cancel
any unpaid assessments of the district on lands acquired by a county for
taxes, the board shall make an order to the tax collector of the county
in which the lands are situated to cancel or change the existing
irrigation liens. Upon receipt of the order, the tax collector shall
correct the delinquent tax rolls in accordance with the order of the
board. [Amended by 1973 c.305 §18; 1995 c.42 §104] ORS
545.462 and 545.464 do not repeal or amend any existing law relating to
the manner of collection of unpaid irrigation district assessments.
[Amended by 1995 c.42 §105](Exemptions)(1) In addition to and notwithstanding any other provision in
this chapter, the board of directors of an irrigation district, by
resolution, may exempt a parcel of land in the district from payment of
any charge or assessment authorized by this chapter when:
(a) The parcel of land is unable to receive water from the district
for irrigation or domestic use and the parcel consists of two acres or
less; or
(b) The water right appurtenant to the parcel has been transferred
by the district to other land within the district under ORS 540.572 to
540.580, and the other land has been included in the district subject to
the liens and charges or assessments of the district for the delivery of
irrigation water.
(2) The owner of a parcel of land exempt from payment of charges or
assessments under this section is not an elector of the district unless
the owner qualifies as an elector through ownership of other land within
the district. [1985 c.581 §4; 1991 c.957 §14; 1995 c.42 §106](Charges for Water Supply and Retirement of Warrants)(1) For the purpose of defraying the
expenses of the organization of the district, and of the care, operation
and management, repair and improvement of the portions of the canals and
works that are completed and in use, including salaries of officers and
employees, the board shall fix charges for irrigation and other public
uses. The board, by resolution, may provide for collecting the charges
from all persons using the canals for irrigation and other purposes, and
may require the collection to be made by the secretary of the board and
disbursed by the secretary on order of the board.
(2) The board may designate the time and manner of making the
collections of charges, may require them to be paid in advance of the
delivery of water and may accept short-term interest-bearing notes for
any portion of the charges. In establishing its charges, the board may
consider the quantity of water to be delivered, the acres of land
entitled to benefits from the district, the establishment of uniform or
graduated rates and minimum charges, the imposition of additional charges
for special services and for small tracts or other properties which
require proportionately greater maintenance and operation and other
factors the board considers reasonable and appropriate. The board may
base its charges upon any or all of the factors set forth in this
subsection.
(3) In addition to the charges authorized under subsections (1) and
(2) of this section, the board may pass on charges against individual
water users when the district incurs charges, fees, fines or similar
expenses for extraordinary services performed by the district at the
request of the water user or that are incurred by reason of some action
or failure to act by the water user. [Formerly 545.108; 1999 c.452 §26]Upon approval by the board
of directors, an irrigation district that provides for collection of
operation and maintenance charges by the secretary of the board in
accordance with ORS 545.471, and that has outstanding operation and
maintenance warrants that have been issued for more than one year, may
levy a charge not to exceed 20 percent of the annual rates fixed for
operation and maintenance. The charge shall be levied and collected for
the purpose of retiring outstanding operation and maintenance warrants of
the district. [Formerly 545.542] An assessment made under ORS
545.475, 545.477 and 545.479 for the purpose of providing funds for the
retirement of outstanding warrants shall be assessed against all the
irrigable lands within and a part of the district. The assessment shall
not be made as a part of the tolls or charges to be collected from lands
lying outside the district. [Formerly 545.544]An irrigation district that levies any
tolls or charges in accordance with this section, ORS 545.473, 545.475
and 545.479 for the purpose of retiring operation and maintenance
warrants shall collect the charges in the same manner as the annual tolls
and charges for operation and maintenance are collected, except that the
district shall accept warrants of the district in payment of assessments
made for the purpose of retiring warrants. Upon the receipt of any moneys
levied for the purpose of retiring warrants, the secretary of the board
shall immediately pay the moneys to the treasurer of the district, who
shall place such moneys in an operation and maintenance fund. [Formerly
545.546]ORS 545.473, 545.475 and 545.477 are not
exclusive and do not relieve any irrigation district from the duty of
levying sufficient sums for the payment of all outstanding obligations as
otherwise provided by law. [Formerly 545.548]ALTERNATIVE METHOD OF COLLECTING INCURRED CHARGESThe board of directors, by resolution, may provide for the
billing and collection of incurred charges of the district in the manner
provided in ORS 545.482 to 545.508, in lieu of the method provided for in
ORS 545.381 to 545.397, 545.413 to 545.422 and 545.683. A resolution
under this section may be adopted either before or after the district has
commenced to deliver water through all or any part of its canal or
distribution system. If the consent of all the holders of outstanding
bonds of the district has been obtained, the resolution may provide for
the collection of incurred charges for the purpose of retiring bonds and
payment of interest on the bonds, or any part of the bonds. [Amended by
1959 c.223 §1; 1987 c.694 §1; 1991 c.459 §423c; 1993 c.270 §70; 1995 c.42
§112; 2001 c.476 §1](1) At least once in each year the board of directors of an irrigation
district that has provided for the collection of its own incurred charges
as provided by ORS 545.482 to 545.508, by resolution, shall make a
computation of the total amount of money necessary to be raised by the
district for the ensuing year for the purpose of carrying out the
Irrigation District Law, including an allowance for delinquencies in
collections. When making the computation, the board shall consider the
amounts of money necessary for:
(a) The care, operation and maintenance of district facilities;
(b) Reasonable reserve funds for major maintenance, improvement and
replacement of capital improvements and facilities;
(c) The acquisition of land or water rights;
(d) Bond or interest payments, or payments due or to become due to
the United States or the State of Oregon under any contract of the
district with the United States or the State of Oregon; or
(e) Other expenses of the district.
(2) The resolution shall fix the time when the incurred charge
becomes due and payable. The resolution shall also fix a time, within one
year after the date the incurred charge becomes due and payable, after
which the incurred charge becomes delinquent.
(3) The amount determined by the board shall be apportioned by the
board to the lands owned or held by each person so that each acre of land
in the district that is entitled to irrigation is required to pay the
same amount, except as otherwise provided in ORS 545.385, 545.387,
545.389, 545.391 and 545.487. Land owned by a person constituting a
fractional portion of an acre may be rounded to the next higher whole
acre.
(4) A district that provides drainage or other services to lands
that are not entitled to irrigation services from the district may, at
the discretion of the district’s board of directors, charge a different
fee for the provision of those services.
(5) The annual incurred charges established by the resolution shall
continue in effect from year to year until changed by a resolution of the
board of directors.
(6) A person is deemed to have requested water and other services
and improvements provided by the district if the person signed a petition
requesting the formation of an irrigation district under ORS 545.025,
requested that the land of the person be included in the district
pursuant to ORS 545.057 or paid an incurred charge on or before the
delinquency date fixed by the resolution and the person has not:
(a) Excluded the land from the district pursuant to ORS 545.099;
(b) Transferred all water rights from the land pursuant to ORS
540.505 to 540.585 for the period of time that the incurred charge was
incurred; or
(c) Otherwise requested that water and other services and
improvements no longer be provided to the land.
(7) Notwithstanding subsection (3) of this section, if a person was
denied approval to transfer all water rights from the land pursuant to
ORS 540.523 or 540.530 or another provision for the period of time that
the incurred charge was incurred, the district may assess an incurred
charge against the person only if the incurred charge is based on the
actual quantity of water used by the person. [Amended by 1987 c.694 §2;
1991 c.459 §423d; 1995 c.42 §113; 2001 c.476 §2](1) An irrigation district that charges for water delivery
in the district under the provisions of ORS 545.482 may charge a
pressurization charge, in addition to the regular charge. The
pressurization charge may be charged against the lands that have
appurtenant water rights and to which irrigation water is furnished or is
available for delivery by pipe and under pressure. However, a
pressurization charge may not be charged unless delivery of water by pipe
and under pressure to these lands requires operation, construction and
maintenance costs greater than the operation, construction and
maintenance costs involved in delivering water to the nonpiped and
nonpressurized lands in the district.
(2) The board may apportion a pressurization charge allowed under
subsection (1) of this section to the water users of the lands served by
pipe and pressurized water so that each acre of irrigable land in the
district that has piped and pressurized water to it shall be required to
pay the same per acre pressurization service charge. [1989 c.182 §2; 1991
c.459 §423e; 1995 c.42 §114](1) If any incurred charge remains unpaid beyond the
due date of the incurred charge, the secretary of the district may file a
notice of claim of lien with the recording officer of the county of each
county in which land is situated which received or was entitled to
receive the benefit of the water delivery for which the incurred charge
has been made. The notice of claim of lien shall be in writing and must
contain:
(a) The name of the water user to whom the water was delivered or
was deliverable;
(b) A statement of the amount claimed past due; and
(c) A description of the land which received or was entitled to
receive the benefit of the water delivery sufficient for identification.
(2) Upon filing of the notice, the incurred charge and costs of
filing and removing the notice shall become a lien upon all lands
described in the notice in the amounts set forth opposite each tract of
land. The lien shall be prior to all encumbrances of whatever kind or
nature, whether executed before or after the lien of the irrigation
district is created, or whether recorded or registered or not. The lien
of the irrigation district upon each tract of land shall be subject to
all lawful taxes levied and assessed for state and county purposes by the
county in which the land is located. The lien of the irrigation district
shall not be subject or inferior to any claim, lien or assessment of any
other taxing district, whenever levied, or whether extended on the county
tax rolls for collection or not. [Amended by 1991 c.459 §423f; 1995 c.42
§115; 2001 c.476 §5](1) Incurred charges under ORS
545.482, 545.484 and 545.494 shall be collected by the secretary of the
district. The district may withhold delivery of water from any tract of
land until the incurred charges for the current year and any prior years,
including interest and lien and collection costs and fees, are paid in
full.
(2) If an incurred charge, or any installment of an incurred
charge, under ORS 545.482, 545.484 and 545.494 is not paid when due,
interest shall be charged and collected on the incurred charge or
installment at the rate of one and one-third percent per month, or
fraction of a month, until paid.
(3) If a notice of claim of lien has been filed under ORS 545.494,
the costs of the filing and any costs of removing the lien, including but
not limited to recording and filing fees, title search fees and a
reasonable administrative fee, shall be charged and collected. [Amended
by 1981 c.71 §1; 1991 c.459 §423g; 1993 c.771 §16; 1995 c.42 §116; 1995
c.754 §8; 2001 c.476 §3]Before handling or receiving any funds or
collecting any incurred charges as provided in ORS 545.482 to 545.508,
the secretary of the district shall give a good and sufficient surety
bond by an authorized surety company, in an amount that the board of
directors may determine. The cost of the bond shall be paid by the
district. The bond shall be approved by the board and filed in the office
of the district. The amount of the bond may be varied from time to time
by order of the board. [Amended by 1991 c.459 §423h; 1995 c.42 §117; 2001
c.476 §6](1) At any time after the delinquency date fixed by the resolution
and upon the filing of the notice of claim of lien under ORS 545.494, the
board by resolution may direct that all delinquent incurred charges then
unpaid shall be foreclosed by the district. The foreclosure shall follow
the general procedure of a suit in equity and be filed in the circuit
court for the county in which the land to be foreclosed is situated. If
land in two or more counties is to be foreclosed, separate proceedings
shall be commenced in each county as to the lands in that county. In
addition to such incurred charges being foreclosed, the district may
recover in the suit the costs and disbursements and expenses of
foreclosure, including but not limited to recording and filing fees,
title search fees, foreclosure reports and a reasonable administrative
fee. Any number of tracts of land may be foreclosed in the same suit,
without regard to whether they are delinquent for the same or different
incurred charges, or for the same or several years. The judgment shall
order the sale of the property and order the sheriff of the county to
hold the sale in the same manner as other foreclosure sales. The sheriff
shall fix the time for holding the sale and give notice of the sale for
two consecutive weeks prior to the day of sale by publication of notice
once each week in a newspaper published in the county in which the land
to be sold is situated. The sheriff shall also post notices in three
public and conspicuous places within the county at least two weeks prior
to the day of sale. The irrigation district may be a bidder and purchaser
of the property at the sale.
(2) Property sold under this section may be redeemed within 180
days from the date of sale by the:
(a) Former owner whose right and title were sold, or the heir,
devisee or grantee of the former owner; or
(b) Holder of legal or equitable title or lien upon the land.
(3) A person who redeems the property under subsection (2) of this
section shall pay the amount provided in ORS 18.582 (2).
(4) The court may award reasonable attorney fees to the prevailing
party in a foreclosure action under this section. [Amended by 1981 c.897
§61; 1991 c.459 §423j; 1993 c.771 §17; 1995 c.42 §119; 1995 c.618 §83;
2001 c.476 §4; 2003 c.576 §498; 2005 c.371 §1]Note: 18.582 was repealed by section 73, chapter 542, Oregon Laws
2005. The text of 545.502 was not amended by enactment of the Legislative
Assembly to reflect the repeal. Editorial adjustment of 545.502 for the
repeal of 18.582 has not been made. At
any time prior to sale, or at the time of sale, as provided by ORS
545.502, the former owner, incurred charge payer, or holder of legal or
equitable title or lien upon or to any tract of land included in the
foreclosure and judgment may withdraw the tract of land from the
foreclosure and sale by paying the amount of the lien foreclosed,
together with the amount of state and county taxes that the irrigation
district may have paid, and a proportionate amount of the costs incurred
in the foreclosure proceeding. If the payment is to be made prior to the
judgment, the payment shall be tendered to the clerk of the court,
together with written appearance in the suit. If the payment is to be
made after the judgment is entered, the payment shall be tendered to the
sheriff ordered to hold the sale. If payment is made before judgment, the
tract shall be dismissed from the foreclosure proceeding. If payment is
made after judgment, the district shall issue satisfaction of lien to the
former owner, incurred charge payer, or holder of legal or equitable
title or lien upon the tract, and file the satisfaction of lien for
At
any time after any incurred charge on a tract of land under ORS 545.482
to 545.508 becomes delinquent, the irrigation district may pay any state
and county taxes that are due or delinquent on the tract of land and add
When authorized by a resolution of its board of directors, an irrigation
district whose board of directors has provided for the collection of
incurred charges of the district in the manner provided in ORS 545.482 to
545.508 may:
(1) Borrow moneys for payment of its operation and maintenance
costs and expenses in an amount not to exceed 50 percent of the operation
and maintenance charge per acre for each acre within the district or the
amount of its uncollected charges for operation and maintenance,
whichever is greater; and
(2) Issue and deliver as evidence of the indebtedness the
promissory notes of the district bearing interest. The promissory notes
shall be payable at such time as its board of directors shall determine
and may contain provisions for payment of the attorney fees of the holder
of the notes if suit or action is commenced for the collection of the
notes. The district may agree that all or any part of the uncollected
incurred charges shall be applied in payment of the promissory notes when
collected. [1955 c.362 §2; 1989 c.182 §30; 1991 c.459 §423m; 1995 c.42
§122; 2001 c.476 §9](1) Any irrigation district collecting incurred charges as
provided in ORS 545.482 to 545.508 shall deposit all moneys collected in
an insured institution, as defined in ORS 706.008, selected by the board
of directors. The amounts collected for operation and maintenance,
construction, bond principal, interest or other purposes shall be kept in
separate funds and accounted for separately.
(2) Moneys in the funds shall be paid out only upon order of the
board by:
(a) Checks or drafts signed by at least two individuals authorized
by the board to sign checks or drafts; or
(b) Electronic funds transfers authorized by the board and
initiated by at least two individuals authorized by the board.
(3) As used in this section, “electronic funds transfer” has the
meaning given that term in ORS 293.525. [Amended by 1967 c.451 §24; 1991
c.459 §423n; 1995 c.42 §123; 2001 c.476 §10; 2005 c.492 §1]BONDS; CONTRACTS WITH STATE OR FEDERAL GOVERNMENT(Authorization for Bonds or Contracts)(1) Upon order of the
board of directors entered in the records of the board, an election shall
be held to determine:
(a) Whether bonds in any amount the board may consider necessary
shall be issued for any purpose necessary or convenient in carrying out
the Irrigation District Law, including the refunding of outstanding
bonds; or
(b) Except when an election is not required under ORS 545.513,
whether the right to enter into an obligation or contract with the United
States or the State of Oregon shall be authorized.
(2) Notice of the election must be given by posting notices in
three public places in each election precinct in the district for at
least 15 days prior to the election. Notice must also be given by
publication of the notice in some newspaper published in the county in
which the office of the board of directors is located. The notice shall
be published in the newspaper once a week for at least four successive
weeks prior to the election. For an election called to determine whether
bonds will be issued, the notices must specify the time of holding the
election and the amount of bonds to be issued. For an election called to
determine whether a district will enter into an obligation or contract
with the United States or the State of Oregon, the notices must specify
the time of holding the election and, when bonds are not to be deposited,
the maximum amount of money, exclusive of penalties and interest, payable
to the United States or the State of Oregon for construction purposes or
in the assumption of liability for district lands for construction
purposes.
(3) The election shall be held and the result determined and
declared in conformity as nearly as practicable with ORS 545.135 to
545.163. Informalities in conducting the election shall not invalidate
the election, if the election has been otherwise fairly conducted. The
ballot shall contain the words “Bonds–Yes” and “Bonds–No,” or “Contract
with the United States or the State of Oregon, as appropriate,–Yes” and
“Contract with the United States or the State of Oregon, as
appropriate,–No,” or other equivalent words. If a majority of the votes
cast are “Bonds–Yes,” the board shall cause bonds in that amount to be
issued, or such portion of the bonds as may be necessary from time to
time. If a majority of the votes cast are “Contract with the United
States or the State of Oregon, as appropriate,–Yes,” the board may
negotiate and execute a contract with the United States or the State of
Oregon. If the majority of the votes cast are “Bonds–No,” or “Contract
with the United States or the State of Oregon, as appropriate,–No,” the
result of the election shall be declared and entered of record. [Formerly
545.192](1) When, after an election called under ORS 545.511, the
board considers it to be for the best interests of the district that the
question of the issuance of bonds, or the question of a contract in any
amount with the United States or the State of Oregon shall be submitted
to the electors, the board shall so declare in its minutes, and may then
submit the questions to the electors in the same manner and with the same
effect as at the previous election. However, an irrigation district may,
without a vote of its electorate, enter into a contract with the United
States or the State of Oregon which does not create or increase a
construction charge indebtedness and which, in the judgment of the
district board, is for the best interest of the district.
(2) A district may, without a vote of the district electorate,
enter into a contract with the United States or the State of Oregon for a
loan in an amount that does not exceed the greater of $25,000 or
one-third of the average annual operations and maintenance budget of the
district for the three most recent years.
(3) If an emergency requires immediate repairs to the district
delivery system to permit normal operation, the district may borrow
moneys necessary for the repairs without a vote by the district
electorate. [Formerly 545.194] When
authorized by the electors, the bonds of a district may be issued so as
to include a sum sufficient to pay the first four years’ interest, or
less, to accrue on the bonds. [Formerly 545.196] The contract
provisions for the payment of construction charges to the United States
may call for the payment of such interest, may provide for such
installments and may provide for repayment of the principal at such
times, as may be required by the federal laws and as may be agreed upon
between the board and the Secretary of the Interior. If bonds of the
district are issued and deposited for the purpose of securing payment of
construction charges to the United States, the bonds may be of such
denomination and may provide for the payment of such interest as may be
required by the federal laws and as may be agreed upon between the board
and the Secretary of the Interior. [Formerly 545.198] (1) Bonds shall
be issued in accordance with ORS 288.515 to 288.600.
(2) Nothing in this section shall inhibit the district from
providing for the irrigation or drainage in units or portions of units
from time to time.
(3) The board by resolution entered on its records may cancel any
bonds of the district which have not been sold or deposited as security
for funds advanced or to be advanced, and which the state, United States
or any other person has no claim to or equity in. After the cancellation,
the bonds shall not be sold or otherwise disposed of. After cancellation,
the bonds shall be invalid and of no effect. The board may not replace
bonds canceled under this subsection without authorization of the
electors. [Formerly 545.202](1) When an irrigation district organized prior to
1925 has an outstanding bonded debt in excess of $50,000, if no actual
construction of irrigation works has commenced, the irrigation district
shall not create a further bonded debt, except from the issuance of
refunding bonds, until the bonds outstanding and bonds issued to refund
the outstanding bonds have been called and redeemed, or further refunded
as a part of new proceedings taken to finance the construction of
irrigation works.
(2) The district may issue refunding bonds to redeem or replace any
of its outstanding bonds. The bonds may bear interest at a rate not
exceeding six percent each year. The district shall sell the refunding
bonds for not less than par value, after notice published for at least
two weeks in a newspaper printed and published within the county in which
the district is located. The proceeds of the sale shall be applied in
payment of matured or maturing bonds. If the district receives no
qualifying bids for the refunding bonds they may be exchanged on a
par-for-par basis for the matured or maturing bonds. The refunding bonds
shall have serial maturity dates, not exceeding 20 years from issue date,
as the board of directors shall specify. However, the board may issue the
bonds with optional dates of redemption, and may provide for their
calling and retirement upon such interest payment dates as are indicated
on the bonds. Notice of intention to redeem the bonds shall consist of a
notice from the secretary of the district published within the county in
which the district is located, or a direct notice from the secretary to
the owner of the bonds, if known. The issuance of the refunding bonds
shall not require an election of the voters of the district but shall be
done by resolution of the board of directors. [Formerly 545.218](Bonds and Contracts as General Obligations)The bonds and the interest thereon and all payments due to the
United States or the State of Oregon under any contract between the
district and the United States or the State of Oregon, for which bonds of
the district have not been deposited with the United States or the State
of Oregon, and all obligations for the payment of money authorized and
incurred under the Irrigation District Law, shall be general obligations
of the district and shall be paid by the revenue derived from the annual
assessments upon the land in the district. All the lands in the district
shall be and remain liable to be assessed for such payments as provided
in the Irrigation District Law. [Formerly 545.204]When the amount
assessed against any tract of land is not paid, the next assessment
against the land in the district shall be increased so as to take care of
the default. All the property of the district, including irrigation and
other works, shall be liable for the indebtedness of the district. The
holder of bonds, or the United States or the State of Oregon when a
contract has been executed by the United States or the State of Oregon,
may, if a default occurs in the payment of interest or principal on the
bonds, or the amount due on the contract, upon the order of the circuit
court, take possession of the irrigation and other works of the district
and operate those works until the amount in default is fully paid.
[Formerly 545.206](Payment of Assessments for Bonds and Contract Obligations) Any assessment upon
land shall be a lien against the property assessed. The lien for all
payments due under any contract with the United States or the State of
Oregon or for the payment of principal or interest of bonds deposited
with the United States or the State of Oregon shall be a preferred lien
to any assessments for bonds issued subsequent to the date of the
contract or the issuance of the bonds deposited with the United States or
the State of Oregon. A district assessment lien shall not be removed
until the assessments are paid with interest and penalties or the
property sold for the payment of the assessments, together with interest
and penalties. [Formerly 545.208] The
district shall appear as a bidder at the sale of any lands for delinquent
assessments or taxes. The district may purchase and take title to the
lands and dispose of the lands like any other purchaser. When at a tax
sale there is no other bid for the full amount of the delinquencies,
including interest and penalties, the district shall bid and buy in the
land to protect its assessments. However, the district shall never bid or
pay a greater sum than the total of all delinquent assessments and taxes
against the land plus interest and penalties. When purchasing any land at
a tax sale, the district shall pay cash for all assessments, taxes,
interest and penalties, including the district assessments. Such
expenditures shall be deemed operating expenses of the district and may
be assessed as maintenance charges. [Formerly 545.210] (1) The district treasurer
or the county treasurer of the principal county, as defined in ORS
198.705, if designated in the bonds, shall keep a “Bond Fund,” a “United
States or the State of Oregon (as appropriate) Contract Fund” or a “Bond
and United States or the State of Oregon (as appropriate) Contract Fund.”
All money arising from the sale of refunding bonds and from assessments
and levies shall be deposited in the appropriate fund until there is
sufficient money in the fund to meet the next installment of principal
and interest upon bonds of the district and to meet all payments due to
the United States or the State of Oregon for construction and other
purposes. From the appropriate fund the district treasurer or the county
treasurer shall pay money due as principal and interest on bonds as they
mature and the bonds and coupons are presented and shall make payments to
the United States or the State of Oregon when due.
(2) Money received from the sale of bonds and otherwise for
construction or acquisition of works by the district shall be deposited
into a “Construction Fund.”
(3) All other money received by the district shall be deposited
into a fund known as the “General Fund,” from which shall be defrayed all
obligations of the district other than those described in this section.
(4) Each fund listed in subsection (1) of this section shall be
used for payment of the obligations of the district that are payable from
that fund in the order of the priority of the creation of the
obligations. [Formerly 545.212] (1)
If, after 10 years from the issuance of bonds, the appropriate fund
amounts to $10,000, the board of directors may direct the district
treasurer or county treasurer of the principal county, as defined in ORS
198.705, if designated in the bonds, to pay that amount of the bonds not
due as the money in the fund will redeem at the lowest value at which
they may be offered for liquidation, or the board may call bonds at a
premium of three percent, as provided in subsection (2) of this section.
(2) The board may call for payment and retire before maturity any
bonds issued in accordance with ORS 545.511, 545.513, 545.515, 545.517
and 545.519, by paying principal and accrued interest and a premium of
three percent upon the principal. Notice of intention to do so shall be
given by publication in a newspaper published and regularly circulated in
the county in which the district lands are situated. The notice shall be
printed at least once a week for four successive weeks, beginning not
less than 90 days prior to an interest-paying period. The notice shall
state the number and amount of the bonds to be retired, the price to be
paid, the date of payment and the place where payment is to be made.
Bonds shall be retired in numerical order in the manner specified in the
bonds, as provided in ORS 288.520. Newspaper publication of notice of
redemption is not required for bonds that are in registered form. Bonds
shall not be retired under this section except on a day when interest is
payable by the terms of the bonds and on and after the date named in the
notice. Interest on bonds described in the notice shall cease after the
date named in the notice.
(3) Notwithstanding anything contained in this section, the board
may issue bonds with the option reserved to the district of redeeming the
bonds on and after certain interest-paying dates specified by the board
in the bonds, upon giving notice of the redemption in the manner
specified in the bonds, as provided in ORS 288.520. Newspaper publication
of notice of redemption is not required for bonds that are in registered
form. [Formerly 545.214; 1997 c.171 §20](1) Upon
application by any owner of a tract of land within the district, the
board of directors of any irrigation district may determine the
proportionate part of the liability of the tract for assessment in
payment of the outstanding bonded indebtedness. In determining the amount
of liability, the board shall take the total amount of bonds outstanding
and divide this sum by the total irrigable acres and multiply the
quotient by the total irrigable acres in the tract. In any district in
which the cost has been divided into units, the board shall determine the
proportionate amount of liability in the same manner, using the total
amount of bonded indebtedness apportioned to the unit and the irrigable
area in the unit. After determining the total apportioned part of the
liability of any tract for the payment of bonded indebtedness, the board
of directors may accept the bonds of the district in payment of the total
amount of the liability of the tract of land within the district.
However, in addition to the bonds, a cash payment of not less than five
percent of the total amount of liability on the tract shall be tendered
and paid to the district at the time of delivery of the bonds.
(2) Except in case of default of the district, the board of
directors may enter into an agreement with the owner of the tract of land
who makes the payment, relieving the tract of all existing assessments
and liens, except warranted indebtedness, state interest, and operation
and maintenance. The transaction shall be recorded in the minutes of the
board of directors of the district.
(3) Any additional cash payment collected by the board under
subsection (1) of this section shall be deposited with the treasurer of
the district and placed in a separate fund, which shall be used only for
the retirement of bonds. [Formerly 545.216](Issuance of Bonds by Certain Districts)When a petition requesting an election is filed with the board of
directors, if the petition is signed by all of the owners of all lands
within the district, an election shall be held to determine whether bonds
of an irrigation district shall be authorized and issued as provided by
this section and ORS 545.551, 545.555, 545.557 and 545.559. The petition
shall state the amount of bonds to be authorized, the purposes for which
the bonds are to be issued and the maximum time in which they may mature.
Upon the filing of a petition under this section, the board shall proceed
to call an election which shall be held within 20 days after the filing
of the petition. [Formerly 545.230] The election called pursuant to a
petition filed under ORS 545.553 shall be held and the results determined
and declared as provided by ORS 545.511 and 545.513 (1), except that:
(1) The maximum time in which the bonds may mature shall be
submitted to the voters;
(2) The notice of the election need not be posted but must be
published at least once, not more than 10 or less than three days prior
to the election; and
(3) The form of the proposition on the ballot shall be set forth in
the notice of the election. [Formerly 545.232] (1) The
Irrigation District Law applies to bonds authorized under ORS 545.553 and
545.555, except as otherwise provided by this section.
(2) The board of directors by resolution authorizing the issuance
of all or part of a bond authorization may provide:
(a) The manner of the sale, public or otherwise, the denominations,
the premiums if any for redemption prior to maturity, and whether or not
the bonds shall be registerable as to principal or and principal and
interest;
(b) For the setting aside and maintaining of reserves to secure the
payment of the principal of the bonds and interest on the bonds, and
reserves to maintain, equip, repair, renew, renovate and replace the
improvements, facilities and equipment of the district;
(c) For the issuance, under proper terms and conditions, of
additional or refunding bonds on a parity with the bonds being issued;
(d) For the creation of necessary funds and accounts; or
(e) All other terms, conditions, covenants and protective features
safeguarding the payment of the bonds that are found necessary by the
board.
(3) The bonds may be sold at not less than 90 percent of face
value, and may bear interest, evidenced by coupons, at a rate not to
exceed six percent per annum.
(4) The board may select a trustee for the owners and holders of
the bonds, and also a trustee to safeguard and disburse the proceeds of
the sale of the bonds. The rights, duties, powers and obligations of the
trustee or trustees shall be fixed by the board. [Formerly 545.234] Any bearer
bonds and the coupons attached thereto issued under ORS 545.557 are fully
negotiable instruments under the laws of the State of Oregon. [Formerly
545.236]ALTERNATIVE METHOD OF ISSUING BONDS Any irrigation district
desiring to refund its outstanding indebtedness or issue bonds for any
purpose may use the procedure provided by ORS 545.565 to 545.621 instead
of other procedures provided by law. Before any decision is made to issue
bonds under those sections the board of directors shall enter a
resolution stating the purpose for which the bonds are to be issued and,
if the bonds are to be used for refunding indebtedness, describing the
bonds and indebtedness to be retired by the refunding bonds or from the
proceeds of the sale of the refunding bonds. [Formerly 545.242]After bonds
have been authorized under ORS 545.565 to 545.621 but before they are
offered for sale, the board of directors shall make a preliminary
determination of the area and description of irrigable land in each legal
subdivision or other described tract if held in separate ownership within
the district. The board shall also make a preliminary determination of
the proportionate share or liability of each tract for assessment in
payment of the total amount of the bonds issued. The determinations shall
be for the purpose of fixing the irrigable area or, if the assessment is
based on benefits, the total benefits accruing from the existing or
proposed improvement to each ownership and tract, and of fixing the
assessment in proportion to the benefits or irrigable area. The
determination of benefits or irrigable area shall include a description
of the land, name of the ownership, number or irrigable acres of each
tract, proposed assessment against each tract, and such other data as may
be necessary to identify the land and ownership. [Formerly 545.244] In fixing
the proportionate part of the cost of reclamation that each owner of land
shall pay, the amount to be paid to any owner for easements, rights of
way, water rights or other property or rights required by the district
shall be shown in a separate column and deducted from the amount that the
owner would otherwise be required to pay. Assessments for the payment of
the cost of reclamation and interest thereon shall be made accordingly.
[Formerly 545.246] The board
of directors shall give notice by publication of the preliminary
determination provided for in ORS 545.567, once a week for four
successive weeks in a newspaper published in each county in which the
district lands are situated. The board shall also post a notice in three
public places in the district at least 30 days prior to the date of
hearing. The notice shall state:
(1) The time and place for hearing objections or remonstrances and
entertaining suggestions as to the proposed assessment;
(2) The proposed determination of the benefits accruing from the
existing or proposed improvement;
(3) The place where the record of the determination may be
inspected; and
(4) That upon conclusion of the hearing the board will by
resolution determine the proper assessment to be charged against each
legal subdivision or other described tract if held in separate ownership
and the total benefit accruing from the existing or proposed improvement
to each legal subdivision or other described tract, but will exclude from
the determination of benefits any benefits to accrue from the future
operation and maintenance of the improvement. [Formerly 545.248] The board of
directors shall sit as a board of equalization at the time and place
stated in the notice, and shall continue in session from day to day as
long as may be necessary to hear and determine any objections,
remonstrances or suggestions by any interested persons to the proposed
assessment and apportionment or to the proposed determination of the
total benefits accruing to a legal subdivision or other described tract.
The board shall change its assessments and apportionment or determination
of the total benefits accruing as the board considers necessary and
proper so as to make the assessments, apportionment and determination of
benefits legal, just and in accordance with the facts. The secretary of
the board shall be present during these sessions and shall note all
changes made in the assessments or determination of total benefits.
[Formerly 545.250](1) Upon completion of the hearing, the board of
directors shall enter an order approving and adopting the determination
of benefits resulting from the existing or proposed improvement, but
excluding any benefits to accrue from the future operation and
maintenance of the improvement. The order shall also fix the proposed
assessments, the amount of assessments against each legal subdivision or
other tract of land, and the total amount of benefits accruing to each
legal subdivision or other tract held in separate ownership from the
existing or proposed improvement.
(2) The order issued under subsection (1) of this section shall
describe:
(a) The lands assessed;
(b) The name of the record owner of the lands assessed;
(c) The total amount of assessment, which shall be the proper pro
rata share of the lands based upon the total proposed assessment;
(d) The installments in which the assessment may be paid;
(e) The rate of interest the assessment shall bear;
(f) The amount of the total benefit which will accrue to each legal
subdivision or other described tract if held in separate ownership;
(g) The amount of benefit surplus; and
(h) Any other matters that are pertinent, necessary or considered
expedient by the board of directors.
(3) As used in subsection (2) of this section, “benefit surplus”
means the excess of the benefits accruing to each legal subdivision or
other described tract, over and above the assessment against each.
(4) An error in the name of the owner of record described in an
order entered under subsection (1) of this section shall not affect the
validity of an assessment. [Formerly 545.252](1) All persons interested in any lands within the district
shall be charged with notice of all proceedings at the hearing and
proceedings subsequent to the hearing. Any person or landowner aggrieved
by the action of the board of directors may within 30 days from the entry
of the resolution appeal to the circuit court of the county in which the
lands of the district are situated. If the district is situated in two or
more counties and an appeal is taken to the circuit court of each county,
then all appeals shall be consolidated in one action. If the counties are
situated in more than one judicial district, the presiding judge of the
Court of Appeals shall determine the judicial district in which the
appeal shall be tried. The appeals shall be taken by giving a notice in
writing and leaving a true copy of the notice with the secretary of the
irrigation district.
(2) Upon the expiration of the time for service and filing of
notices of appeal to the circuit court, if no appeal is taken from the
resolution of the board, the resolution becomes final. If an appeal is
taken, the circuit judge of the county in which the appeal is to be heard
shall make an order directing the trial court administrator to have
published once a week for four consecutive weeks in each county in which
the lands in the district are situated, a notice and summons reading
substantially as follows:
___________________________________________________________________________
___
In the Circuit Court of _____)
County, State of Oregon )
In the matter of Bonds and ) Notice
Assessments of ______ )
Irrigation District. )All persons owning or claiming to own any lands within the above
named irrigation district are notified that appeal has been made to the
above entitled court from the resolution made and entered by the board of
directors of the irrigation district on the ___ day of ______, 2___, in
which an assessment was made against certain lands in the district and
described in the resolution together with a determination of the benefits
accruing to the lands, and that bonds may be issued in the sum of ___ by
the district. All persons owning lands within the district affected by
the assessment or bonds are required to appear before this court on or
before the ___ day of ______, 2___, and show cause, if any, why the
assessment or determination of benefits should not be approved and the
bonds not issued.
_____________________
Trial Court Administrator
for ______ County.
___________________________________________________________________________
___
(3) The date required for appearance in the cause shall be a date
to be fixed by the court, adjudged reasonable, and not less than 30 days
from the date of the first publication of the notice. The proceeding
shall be a proceeding in rem. All persons owning or claiming any interest
in lands in the irrigation district shall appear and show cause why the
assessment or determination of benefits should not be ratified and
approved, and shall be bound by all subsequent judgments and orders made
in the cause, without further notice. [Formerly 545.254; 1997 c.801 §130;
2003 c.576 §500] (1)
The appellant and all persons appearing shall make a statement in writing
of the grounds of appeal, and no further pleadings shall be necessary.
The cause shall be tried in one action by the circuit court as an action
not triable by right to a jury.
(2) Upon the entry of a judgment, any person aggrieved by the
judgment may appeal to the Court of Appeals in the manner provided for
other cases in equity. Notice of appeal shall be served on those
appearing in the circuit court or their attorneys. The cause shall be
tried de novo by the Court of Appeals as expeditiously as possible after
the appeal is perfected. Upon the effective date of decision of the Court
of Appeals, the circuit court shall enter such judgment as is directed by
the Court of Appeals.
(3) If the resolution of the board of directors is affirmed it
shall be considered an assessment against all the lands described in the
resolution for the amount of the assessment and payable at the times
specified in the resolution, as well as a final determination of the
total benefits accruing from the existing or proposed improvements to the
parcels of land described in the resolution. If the resolution is
modified in any respect, the court shall specify the proper resolution to
be entered, which shall be entered accordingly. If no appeal is taken
from the resolution, it shall become final. [Formerly 545.256; 2003 c.576
§256] When amortizing bonds are issued
as authorized by ORS 545.585, the installments in which the assessments
are to be paid shall be in fixed amounts including both principal and
interest, and only the principal portions of the installments shall be
charged against total benefits in determining benefit surplus, as defined
in ORS 545.575. [Formerly 545.258](1) When the assessments have become
final, the board of directors may authorize the issuance of bonds for the
construction or acquisition of irrigation works or to refund the
indebtedness of the district, including warrant indebtedness, bond
indebtedness and interest certificates of indebtedness issued to the
state. The bonds may be issued either in serial form or in a form
providing for the annual payment of interest and principal in a single
amount represented by coupons. However, the amortization of both interest
and principal on the refunding bonds must be accomplished within the
50-year period immediately following the date of issue. All refunding
bonds issued under ORS 545.565 to 545.621 shall be negotiable in form. If
in serial form the bonds issued shall be numbered consecutively,
commencing with number 1. The bonds shall mature serially in annual
amounts so as to be approximately equal, principal and interest, in not
less than five years nor more than 50 years after date of issue, as the
board of directors determines. If the board of directors considers it
advisable to submit the question of maturities at the bond election, then
the bond shall mature as the electors determine.
(2) The bonds shall bear interest at a rate determined by the board
of directors, payable semiannually on the first day of January and July
of each year. The principal and interest shall be payable at the places
designated in the bonds and coupons which may be the office of the county
treasurer of the principal county, as defined in ORS 198.705. Except as
otherwise provided by ORS 545.565 to 545.621, each of the bonds shall be
in a denomination of not less than $100 or more than $1,000; shall be
signed by the president and secretary; shall have the seal of the board
of directors affixed to the bond; and shall bear on the back the
registration certificate of the county treasurer, who shall sign as
county treasurer and as ex officio treasurer of the district. Coupons for
interest shall be attached to each bond and shall be signed with the
engraved facsimile signature of the secretary.
(3) The county treasurer and the secretary of the district shall
register the bonds in books kept in their offices for that purpose, and
shall note in the books the number, date of issuance and sale, amount of
bond, time of payment, rate of interest, number of coupons attached, and
any other description proper for future identification of each bond. This
section shall not be construed to require that any bond of the district
must bear a registration certificate by the secretary.
(4) The total sum of bonds maturing in any one year, together with
the interest due, shall not exceed the total of the maximum annual
assessment for the retirement of the bonds and the payment of interest.
Upon payment of the principal, the board of directors may call for
payment and retire before maturity any bond issued in accordance with ORS
545.565 to 545.621. [Formerly 545.260](1) Upon delivery of the bonds, the secretary of the irrigation district
shall furnish to the county clerk of each county in which lands of the
district are situated, a duly certified copy of the resolution of
assessment. The resolution shall be promptly recorded in the records of
deeds of the county. The county clerk shall provide a book, which shall
be considered a bond lien docket of the irrigation district for the lands
situated in that county, for the purpose of recording in the book the
matters contained in the resolution, by setting forth, in separate
columns, the description of the lands assessed, the total amount of the
assessment, the yearly installments, when the installments become due,
the rate of interest the installments shall bear, the amount of the total
benefit which shall accrue to each legal subdivision or other described
tract if held in separate ownership, and the amount of the benefit
surplus, as defined in ORS 545.575, accruing to each legal subdivision or
other described tract.
(2) The bond lien docket shall thereafter be a docket of liens and
shall constitute the total assessment against the lands by reason of the
bonds. The sum shall not be increased or added to by subsequent
assessments because of any delinquency of the owner of any other tract or
parcel of land in the payment of the assessment of the owner, except as
provided in ORS 545.599. The bond lien docket shall also thereafter be
conclusive evidence of the total benefits accruing to each legal
subdivision or other described tract held in separate ownership, by
reason of the improvement.
(3) The tax collector shall receive any past-due bond of the
irrigation district or any past-due interest coupon from any bond of the
district in payment of any assessment made for the purpose of paying any
installment that is due or past due and that appears on the bond lien
docket. All unpaid assessments entered in the bond lien docket except
installments designed for the payment of amortizing bonds shall bear
interest at the rate of six percent per annum until the assessments and
interest are paid. All unpaid assessments and interest shall remain a
lien on each tract or parcel of land in favor of the irrigation district,
and shall have priority over all other liens and encumbrances, except the
liens of state, county and municipal taxes. [Formerly 545.262] At
any time after issuance of the bonds, a landowner may relieve the land of
the landowner from payment of the principal and interest assessed against
the landowner by securing from the county clerk, on a form to be provided
by the county clerk for that purpose, a certificate showing the lands
assessed and the amount due. The certificate shall be signed and
certified by the clerk under the seal of office. Upon its presentation to
the county treasurer and payment to the county treasurer of the amount
due, either in cash or matured or unmatured bonds of the district, the
treasurer shall, on the certificate, mark the amount as paid. Upon
presentation by the owner of the certificate so receipted to the county
clerk, the clerk shall insert in a column of the bond lien docket
provided for that purpose, a notation showing the payment and
satisfaction of the assessment in full with interest. Upon such payment
of the assessment on any tract or parcel of land, the tract or parcel
shall thereafter forever be relieved from assessment for the payment of
irrigation bonds issued prior to the date of the payment, except for an
assessment that may be levied by the board of directors of the irrigation
district for an emergency fund, not exceeding the amount specified in ORS
545.599. [Formerly 545.264](1) In addition to the assessments provided for in ORS
545.565 to 545.589, the board of directors, during the first five years
after the determination of assessments, shall levy against each legal
subdivision or other tract if held in separate ownership within the
district, as set forth in the bond lien docket, an annual assessment in
an amount equal to 25 percent of the regular yearly installment of the
assessment for principal and interest.
(2) Following the five-year period described in subsection (1) of
this section, if there is any default in the payment of any assessment
levied by the district, the board shall levy against each legal
subdivision or other described tract of land held in separate ownership
within the district, an assessment in an amount not to exceed 25 percent
of the regular yearly installment of the assessment for principal and
interest for that year, as shown in the bond lien docket. The latter
assessment shall be known as the “Emergency Assessment,” and shall be
levied and collected at the time provided in ORS 545.381 to 545.397 and
545.413 to 545.422. All moneys received from the emergency assessment
shall be placed by the county treasurer in a special fund to be known as
the “Emergency Fund.”
(3) The emergency fund shall be a revolving fund and shall be used
only for temporarily supplementing the bond fund in case of deficiencies
due to accident, delinquency or other contingency. The emergency fund
shall be disbursed by the treasurer upon order of the board of directors.
(4) The emergency assessment shall be levied against each legal
subdivision or other described tract of land held in separate ownership
within the district as shown on the bond lien docket, even though the
subdivision or tract is relieved from assessment for the payment of
irrigation bonds in accordance with ORS 545.595. The amount of the
emergency assessment for any year levied against a legal subdivision or
other tract of land shall not exceed 25 percent of the amount of the
assessment for that year levied against that legal subdivision or other
tract of land for bond interest and principal, or which would have been
levied against that legal subdivision or tract of land for those purposes
if the land were not relieved from assessments under ORS 545.595. The
aggregate net amount of assessments levied against a legal subdivision or
other tract exceed the benefit surplus of the legal subdivision or other
tract as shown by the bond lien docket. The net amount of every
assessment shall be determined by discounting the amount levied at the
rate of six percent per annum for the time that has elapsed between the
date of the final resolution determining total benefits and the date of
the levy of the assessment.
(5) The net amount of all assessments levied against a legal
subdivision or other tract under this section shall be duly entered in an
appropriate column in the bond lien docket, and each net amount when paid
shall be deducted from the amount of the benefit surplus or balance
thereof of the legal subdivision or other tract affected. [Formerly
545.266; 1997 c.170 §52]Not later than December 1 of each year, the county clerk shall
furnish to the county assessor a copy of all assessments shown on the
bond lien docket that were levied against property within the irrigation
district in the county of the county clerk and that shall become due and
payable during the coming calendar year. The assessor shall enter the
assessments on the assessment roll in the same manner as other
assessments of the district are entered. The assessments so entered shall
continue as a lien against the tracts and parcels of land described in
the assessment roll and shall be collected in the same manner and at the
same time that other taxes are collected. If unpaid, the procedure for
the collection of the assessments shall be the same as that provided by
law for the collection of irrigation taxes and assessments. Except as
otherwise provided by law, all moneys paid to the county treasurer on any
assessments levied under ORS 545.565 to 545.621, and all moneys collected
by the tax collector in any county on such assessments, shall be paid to
the county treasurer and kept by the county treasurer in a special bond
fund for the payment of the principal and interest on bonds as the bonds
become due. The purchaser of any tracts or parcels of land at a sale for
any delinquent state, county or municipal taxes, or irrigation
assessments, shall take the tracts or parcels free and clear of any
assessment that has been entered upon the assessment roll under this
section and that has been included in the amount for which the tract was
sold. However, the lien of the portion of the assessment created by ORS
545.589 that has not been so entered and included shall not in any manner
be affected by the sale, and every purchaser shall take the lands subject
to that lien. [Formerly 545.268] (1) Notwithstanding
ORS 545.565 to 545.621, the board of directors of an irrigation district
may call for payment and retire before maturity any bonds issued in
accordance with ORS 545.565 to 545.621. If sufficient funds are available
for the purpose in the special bond fund, the board may direct the
treasurer to pay that amount of bonds not due as the money in the fund
will redeem at the lowest value at which they may be offered for
liquidation, or the board may call bonds for par. The par value of all
amortization bonds shall be considered to be the present worth of the
unpaid installments on the bonds, discounted to the date they are called
at the rate of seven percent per annum. Payment may be made at the office
of the county treasurer of the principal county, as defined in ORS
198.705.
(2) Notice of intention to call in any bonds shall be given by the
board of directors by publication in a newspaper published and regularly
circulated in the county in which the district lands are situated, at
least once each week for four successive weeks beginning not less than 90
days prior to any interest payment period. The notice shall state the
number and amount of bonds to be retired, the price to be paid, the date
when payment is to be made and the place where the bonds are to be paid.
(3) The bonds so called shall be retired in numerical order and not
otherwise. A bond shall not be retired under this section except on a day
when interest is payable under the terms of the bond and on and after the
date given in the published notice. The interest on bonds described in
the notice shall cease after the date named in the published notice, and
the notice is published as provided by subsection (2) of this section.
[Formerly 545.270]The district shall appear as a bidder at the sale of any
lands for delinquent assessments made under ORS 545.565 to 545.621, and
may purchase and take title to the lands and dispose of them like any
other purchaser. On any sale by the district, the proceeds from the sale,
after the payment of expenses of the sale, shall be paid into the
emergency fund. When at a tax sale there is no other bidder for the full
amount of the delinquency, including interest and penalties, the district
shall bid and buy in the land to protect its assessments. However, the
district shall never bid or pay a greater sum than the total of all
assessments levied under ORS 545.565 to 545.621 with interest and
penalties, and delinquent general taxes. [Formerly 545.272]When proceeding under ORS
545.565 to 545.621, the board of directors of any irrigation district
that desires to issue refunding bonds in a satisfaction or discharge of
any outstanding indebtedness or to replace outstanding indebtedness, may,
instead of retiring the outstanding indebtedness from the proceeds of the
sale of the bonds, exchange the refunding bonds for the outstanding
indebtedness and in full compromise, satisfaction and discharge of the
outstanding indebtedness. The board of directors shall issue the bonds in
such denominations and to the several holders of the outstanding
indebtedness as may be found necessary and expedient in the retirement of
the outstanding indebtedness. The State Treasurer, on behalf of the
state, may negotiate and arrange terms for exchange of interest
certificates of indebtedness issued to the state by the district for
district refunding bonds on the same terms as those bonds are accepted by
other creditors. [Formerly 545.274]Before selling or otherwise disposing of any
bonds as provided for in ORS 545.565 to 545.621, the board of directors
by resolution shall declare at a meeting its intention of selling or
otherwise disposing of the bonds. The board of directors shall cause the
resolution to be entered on the minutes of the meeting. The board shall
also cause notice of the sale or other disposition to be given by
publication at least once a week for four consecutive weeks in three
newspapers published in Oregon. One of the three newspapers shall be a
newspaper published in the county in which the office of the board of
directors is situated. [Formerly 545.278] (1)
Before authorizing the issuance of bonds under ORS 545.565 to 545.621,
the board of directors shall require that the known holders or their
representatives of not less than 80 percent of the total amount of all
evidences of indebtedness, whether warrants, bonds or certificates that
are to be retired or refunded, shall submit to the board of directors for
its acceptance an offer:
(a) To deliver and surrender all evidences of indebtedness in
exchange for bonds or cash, or both, not exceeding the maximum amount of
the total assessment; or
(b) To accept in full payment of the outstanding indebtedness a sum
of money or refunding bonds, or both, representing the proportion which
the total proposed refunding payment bears to the total outstanding
indebtedness proposed to be refunded, based on the par value of the
proposed refunding payment. The creditors must agree to absorb the loss
between the amount of the total outstanding indebtedness and the amount
of the refunding payment, and to receive the refunding bonds or cash, or
both, in full payment, satisfaction and discharge of the outstanding. The
creditors must further agree to make such proper pro rata distribution of
the refunding payment as is required to retire and discharge the total
outstanding indebtedness proposed to be refunded.
(2) The offer shall be in writing and when submitted to the board
of directors and accepted by the board, the offer shall be irrevocable
until after the board of directors has had the opportunity to authorize
the issuance, sale and delivery of refunding bonds to replace and
discharge the outstanding indebtedness. Any litigation that is intended
to or will restrain or prevent the board of directors from issuing and
delivering the refunding bonds shall not subject the offer to revocation
until after the litigation is concluded and the board of directors has a
reasonable time thereafter in which to issue, sell and deliver the
refunding bonds. The offer shall be considered accepted by the board of
directors upon delivery of the offer to the board. [Formerly 545.280]For the purpose of obtaining the constructive
consent of the unknown holders of the evidences of indebtedness, and of
holders who have not given their consent in writing, the board of
directors shall file in the circuit court of the county in which the
office of the irrigation district is located a petition in rem, verified
by the oath of the president or secretary of the district. The petition
shall set forth the plan adopted by the district for retiring or
refunding the evidences of indebtedness. The petition shall also recite
what percentage of the amount of the evidences of indebtedness is held by
the holders of the evidences of indebtedness who have filed their written
consent to the proposed plan. The percentage shall be not less than 80
percent of the amount of the evidences of indebtedness. The petition
shall further set forth what steps have been taken to attain the consent
of all nonconsenting holders. [Formerly 545.282](1) Upon presentation of the
petition to the judge of the circuit court, the judge shall authorize the
district to publish, and the district shall cause to be published a
notice describing the substance of the terms of settlement under which
the evidences of indebtedness of the district are to be surrendered,
refunded, satisfied, compromised, exchanged or discharged under the
provisions of ORS 545.565 to 545.621. The notice shall be printed for at
least four consecutive weeks in three newspapers published in Oregon that
are designated by the court. One of the newspapers must be published in
the county in which the office of the board of directors is located if
such a newspaper exists.
(2) The notice shall contain a general description of the evidences
of indebtedness to be refunded and retired, the amount of indebtedness to
be refunded and retired, and a general description of the refunding bonds
to be issued. The notice shall require all holders of the evidences of
indebtedness to file in the proceeding their written dissent from, or
objection to, the proposed plan of settlement. The notice shall also
state that if such dissent in writing is not filed in the court within 90
days from the date of the first publication of the notice, the holders
failing to file dissent or objection shall be considered to have
consented to the refunding, compromise or settlement of the indebtedness
under the terms and conditions set forth in the notice.
(3) After 90 days from the date of the first publication of the
notice, the holders failing to file their objections and protests with
the court shall be considered to have consented to the refunding,
compromise or settlement of the indebtedness under the terms set forth in
the notice. The failure to file shall be considered the equivalent of the
offer in writing signed by known consenting holders. [Formerly 545.284] (1) After the
expiration of 90 days from the date of the first publication of the
notice, the district shall file in the proceeding in the circuit court
its verified return of its acts made under the order of the court,
attaching affidavits of the publication of the notice in three
newspapers. Thereupon the court shall promptly hear the cause and shall
enter a judgment providing that all the owners and holders of the
evidences of indebtedness to be retired or refunded by the plan of the
district, who have not within 90 days after the date of the first
publication of the notice filed in the court their written dissent and
objections to the proceedings, have consented to having their evidences
of indebtedness retired or refunded under the proposed plan.
(2) In the judgment the court shall direct the officers of the
district to deposit with the county treasurer of the county in which the
district is headquartered, as trustee for the persons entitled thereto,
the pro rata part of the cash or refunding bonds, or both, which, under
the settlement, belongs to the holders of the evidences of indebtedness
whose consent was obtained by the court proceedings. The judgment shall
provide that upon payment to the county treasurer as trustee, the
evidences of indebtedness shall be considered paid and shall no longer be
an obligation of the district. The judgment shall further provide that
upon the surrender to the county treasurer of the bonds, together with
the unpaid interest coupons belonging to the bonds, the county treasurer
shall pay on demand to the holders their pro rata part of the moneys or
bonds deposited with the county treasurer as trustee, shall mark the
bonds canceled and shall deliver them to the irrigation district.
(3) All holders of evidences of indebtedness to be retired or
refunded shall be considered to have notice of all steps and proceedings
taken under this section, ORS 545.629, 545.631, 545.633 and 545.635.
[Formerly 545.286; 2003 c.576 §501]
The procedure in the circuit court under ORS 545.629 to 545.637 shall be
in the nature of an equitable proceeding in rem. Any holder of evidences
of indebtedness affected by any court procedure under ORS 545.629,
545.631, 545.633, 545.635 and 545.637, or any other interested party, may
appeal to the Court of Appeals at any time within 30 days after the entry
of the judgment of the circuit court. The appeal must be heard and
determined within three months from the time of taking the appeal. The
court, in inquiring into the regularity, legality or correctness of the
proceedings, shall disregard any error, irregularity or omission that
does not affect the substantial rights of the parties and may approve the
proceedings in part and disapprove the remainder. The costs of the
proceedings may be allowed and apportioned between the parties in the
discretion of the court. [Formerly 545.288; 2003 c.576 §502]ALTERNATIVE METHOD OF LIQUIDATING INDEBTEDNESSAn
irrigation district desiring to become a party to any contract providing
a plan for the liquidation in any manner of all or part of its
outstanding bonded or other indebtedness, whether then due or not due,
may adopt the procedure provided by ORS 545.643 to 545.667. The procedure
provided by ORS 545.643 to 545.667 is in lieu of other procedures
provided by law. Before becoming a party to a contract under ORS 545.643
to 545.667, the board of directors shall adopt a resolution substantially
describing all the terms and conditions of the proposed contract and
requesting the Water Resources Commission to make an investigation of all
matters relating to the district, with particular reference to the
ability of the district or the landowners in the district to perform the
obligations of the proposed contract. Upon receipt of a copy of the
resolution, the Water Resources Commission shall conduct the
investigation, which shall include all physical, economic and financial
matters relating to the district and the irrigable acreage of each legal
subdivision or other described tract of land if held in separate
ownership. If, after the investigation, the Water Resources Commission
determines that the contract may prudently be executed by the district,
the Water Resources Commission shall advise the district of its
determination by adopting a resolution of the commission to that effect.
[Formerly 545.312] (1) Notwithstanding
any other statute expressly or impliedly limiting the powers of the
parties named in this section to enter into a contract, a contract under
ORS 545.643 to 545.667 may provide a plan for liquidation of any
indebtedness by the district to which the parties may agree. The contract
may provide for terms of discount of the principal or interest, times and
manner of payment and apportionment of the obligations of the contract
over the irrigable or other lands within the district and the water
rights appurtenant to those lands. All parties named in subsection (2) of
this section may become party to, sign, seal, execute and deliver any
contract so agreed upon, according to ORS 545.643 to 545.667.
(2) The parties to the contract shall include:
(a) The county courts of the counties in which the lands are
located.
(b) The owners or holders of at least 80 percent of the amount of
the then outstanding bonds or other evidences of indebtedness of the
district, liquidation of which is the purpose of the contract. However,
the owners or holders jointly may become party to the contract through
the agency of a protective committee selected for that purpose by the
owners or holders. The authority of the protective committee in the
premises shall sufficiently be evidenced by the deposit, at the request
of the protective committee, of at least 80 percent of the amount of the
bonds or other evidences of indebtedness with the county treasurer of the
county in which the office of the district is located. The bonds or other
evidences of indebtedness shall be deposited pursuant to a deposit and
agency agreement between the owners or holders and the protective
committee.
(c) All persons who own any lands in the district or whose deeds
would be required under law in order to convey such title as then is
outstanding in private ownership to any lands included in the district or
whose transfer of any government or state lands would be required or
permitted under law in order to convey such interests then outstanding in
private ownership in the lands. However, the lands described in and
covered by the contract may be all or part of the lands within the
district upon which all of the parties to the contract agree.
(3) The contract shall be executed by all parties with such
formalities as will entitle it to be recorded. [Formerly 545.314]Upon the execution and
delivery of the contract, the board of directors shall cause it to be
recorded in the records of mortgages in the counties in which any part of
the lands covered by the contract are located. Upon recordation, the
contract shall become effective in accordance with its terms as of the
effective date agreed upon in the contract. As of the effective date, the
rights, privileges, liabilities and obligations of all parties to the
contract, as described in the contract, shall govern and control all
parties in lieu of all statutory rights, privileges, liabilities and
obligations theretofore governing and controlling the parties in the
premises. [Formerly 545.316] After the
execution, delivery and recording of a contract as described and
authorized in ORS 545.645 and 545.647, the irrigation district and all
other parties to the contract, their successors, heirs, executors,
administrators and assigns, may become parties to a new contract in lieu
of the contract then in effect. A new contract shall be adopted under ORS
545.643 to 545.667 in the same manner as the contract then in effect.
[Formerly 545.318](1) For the
purpose of obtaining constructive consent of the unknown owners or
holders of the bonds or other evidences of indebtedness, who have not
either personally or through a protective committee become party to the
contract executed in accordance with ORS 545.643 to 545.667, the board of
directors shall file a petition in rem verified by the oath of the
president or secretary of the district. The petition shall substantially
describe the terms and conditions of the contract executed by the
district for the liquidation of the bonds or other evidences of
indebtedness. The petition shall be filed in the circuit court for the
county in which the office of the district is located.
(2) The petition shall further state what percentage of owners or
holders of bonds or other evidences of indebtedness have become parties
to the contract. The percentage shall be not less than 80 percent of
those owners or holders. The petition shall further set forth what steps
have been taken to get the consent of all nonconsenting owners or holders
of the bonds or other evidences of indebtedness. [Formerly 545.320](1) Upon presentation of the petition to the court, the
court shall authorize the district to publish a notice describing in
substance the terms and conditions of the contract. The district shall
cause the notice to be published, for at least four consecutive weeks in
three newspapers published within Oregon and designated by the court. One
of the newspapers must be published in the county in which the office of
the board is located, if such a newspaper exists.
(2) The notice shall contain a general description of the evidences
of indebtedness to be liquidated and the amount of indebtedness. The
notice shall require all holders of the evidences of indebtedness to file
in the proceeding their written dissent from or objection to the
contract. The notice shall also state that if such dissent is not filed
in writing in the court within 90 days from the date of the first
publication of the notice, the owners or holders of the evidences of
indebtedness failing to file their dissent or objections shall be
considered to have consented to all the terms and conditions of the
liquidation of the indebtedness as provided in the contract. Failure
within the 90-day period to file dissent and objections with the court
shall be the equivalent of the signing, execution and delivery of the
contract either personally or through the agency of the protective
committee by the known consenting owners or holders of the evidences of
indebtedness. [Formerly 545.322] (1) After 90 days
from the date of the first publication of the notice, the district shall
file in the proceeding in the circuit court its verified return of its
acts made under the order of the court. The district shall attach
affidavits of the publication of the notice in three newspapers. After
the district files its verified return, the court shall hear the cause
and shall enter a judgment providing that all the owners or holders of
the evidences of indebtedness who have not, within 90 days after the date
of the first publication of the notice, filed in the court their written
dissent and objections to the proceedings and contract, have consented to
their evidences of indebtedness being liquidated in accordance with the
terms of the contract.
(2) In the judgment, the court shall direct that the pro rata part
of the cash received that, under the contract, belongs to the owners or
holders of the evidences of indebtedness whose consent was obtained by
the court proceedings be deposited with the county treasurer of the
county in which the office of the district is located. The county
treasurer shall be trustee for the persons entitled to the moneys. The
court shall direct the deposit to be made by the officers of the
district, the landowners within the district or the protective committee
acting for the consenting owners or holders, as the court may consider
most expedient and practicable under the terms of the contract.
(3) The judgment shall also provide that, upon the payment of the
money to the county treasurer as trustee, the evidences of indebtedness
held by the owners or holders shall be considered paid and no longer
shall be an obligation as provided in the contract. The judgment shall
further provide that, upon surrender to the county treasurer of the bonds
with the unpaid interest coupons or other evidences of indebtedness, the
county treasurer shall pay on demand to the owners or holders their pro
rata part of the moneys deposited with the county treasurer as trustee.
When paid in accordance with the contract, the county treasurer shall
mark the evidences of indebtedness canceled and deliver the evidences of
indebtedness to the district.
(4) All owners or holders of the evidences of indebtedness to be
liquidated shall be considered to have notice of all steps taken and
proceedings under ORS 545.643 to 545.667. [Formerly 545.324; 2003 c.576
§503]
The procedure in the circuit court under ORS 545.651, 545.655 and 545.659
shall be in the nature of an equitable proceeding in rem. Any owner or
holder of evidences of indebtedness affected by the court proceeding or
any other interested party may appeal to the Court of Appeals at any time
within 30 days after issuance of the judgment of the circuit court. The
appeal must be heard and determined within three months from the time of
taking the appeal. The court, in inquiring into the regularity, legality
or correctness of the proceedings, shall disregard any error,
irregularity or omission that does not affect the substantial rights of
the parties. The Court of Appeals may approve the proceedings in part and
disapprove the remainder. The costs of the proceedings may be allowed and
apportioned between the parties in the discretion of the court. [Formerly
545.326; 2003 c.576 §504] The State Treasurer may act
as depository for any purposes under ORS 545.643 to 545.667. All
warrants, bonds or other evidences of indebtedness may be deposited with
the State Treasurer for safekeeping. [Formerly 545.332]ADDITIONAL METHOD OF LIQUIDATING INDEBTEDNESSAny irrigation district desiring to become a party to any
contract providing a plan for the liquidation in any manner of all or
part of its outstanding bonded or other indebtedness, whether then due or
not due, may choose to adopt the procedure provided by ORS 545.671 to
545.679. The procedure provided by ORS 545.671 to 545.679 is in lieu of
other procedures provided by law. Before becoming a party to a contract
under ORS 545.671 to 545.679, the board of directors shall adopt a
resolution substantially describing all the terms and conditions of the
proposed contract. [Formerly 545.352] Notwithstanding any other statute
expressly or impliedly limiting the powers of the parties named in this
section to enter into a contract, a contract under ORS 545.671 to 545.679
may provide a plan for liquidation of any indebtedness of the district to
which all the parties may agree. The contract may provide for terms of
discount of the principal and interest, times and manner of payment and
apportionment of the obligations of the contract over the irrigable or
other lands. The contract may also provide for the manner and method of
making assessments for payment of the principal and interest agreed to be
paid, and for the issuance of certificates or other evidences of
participation in the contract by the owners or holders of evidences of
indebtedness of the district. The contract may contain a provision
permitting the release of any land in the district from any lien created
by the contract to secure the payment of the obligations of the contract
as to that land or relieving any land in the district from any obligation
to pay any assessment thereafter levied for the purpose of meeting the
obligations or interest accruing under the contract. The contract may
provide that the release or relief of land from liens or obligations
under the contract may be done by payment to the district of an amount of
money as provided in the contract, or by delivery of bonds or coupons or
other evidence of participation in the contract. [Formerly 545.354] (1) All parties described
in this section are authorized to become party to, sign, seal, execute
and deliver a contract agreed upon under ORS 545.671 to 545.679. The
parties shall include:
(a) The irrigation district; and
(b) The owners or holders of at least 66-2/3 percent in amount of
the then outstanding bonds or other evidences of indebtedness of the
district, the liquidation of which is the purpose of the contract. The
owners or holders jointly may become party to the contract through the
agency of a protective or bondholders’ committee selected for that
purpose by the owners or holders of outstanding bonds or other evidences
of indebtedness.
(2) The contract shall be executed by all parties with such
formalities as will entitle it to be recorded. [Formerly 545.356] The
contract provided for in ORS 545.671 to 545.679 may be entered into by
the district by its board of directors when a majority vote of the
electors of the district authorizes the contract. [Formerly 545.358]Upon execution and
delivery of a contract under ORS 545.671 to 545.679, the board of
directors shall cause the contract to be recorded in the records of
mortgages in the counties in which the lands covered by the contract are
located. After recordation of the contract, the contract shall become
effective in accordance with its terms. As of the effective date agreed
upon in the contract, the rights, privileges, liabilities and obligations
of all parties to the contract, as described in the contract, shall
govern and control all the parties in lieu of all statutory rights,
privileges, liabilities and obligations previously governing and
controlling the parties in the premises. [Formerly 545.360]CLAIMS AGAINST DISTRICTS(1)
Claims against the district shall be submitted to the board upon
vouchers. Upon order of the board the president and secretary shall draw
warrants in payment of the claims. The county treasurer shall pay the
warrants, if there are funds available for that purpose. If funds are not
available, the treasurer shall so indorse the warrants. From the date of
the indorsement the warrants shall bear interest at a rate not exceeding
six percent per annum until paid or until notice has been given that
funds are available for payment of the warrants. Except for payments that
may be made by irrigation district bonds, the warrants shall be drawn in
payment of any debt, liability or obligation incurred in carrying out the
Irrigation District Law.
(2) The warrants shall be receivable by the tax collector when
tendered in payment of maintenance charges levied against lands in the
district that issued the warrants. The tax collector shall also receive
any past due bond or any past due interest coupon from any bond of the
district in payment of any assessment made for the purpose of paying the
bonds or bond interest of the district. The total amount of outstanding
warrants for the payment of which there are no funds available shall not
exceed $5 per acre for each acre in the district.
(3) On the first Tuesday in each month, the county treasurer shall
report to the board, in writing, the amount of money in the several funds
of the district, the amount of receipts for the month preceding, and the
amount of items of expenditures. The report shall be verified and filed
with the secretary of the board. [Formerly 545.562](1) The board of directors of an irrigation district
may withdraw from any moneys deposited on behalf of the district an
amount designated by the board and deposit it in an account with any
insured institution, as defined in ORS 706.008, that is approved by the
board to be maintained in the name of the district for the purposes set
forth in subsection (2) of this section.
(2) The account established under this section shall be used for
the payment of any claims arising out of labor and emergency expenses
incurred by the district during any month. Moneys may be withdrawn from
the account by:
(a) Check or draft signed by at least two individuals authorized to
do so by the board of directors; or
(b) Electronic funds transfers authorized by the board and
initiated by at least two individuals authorized by the board.
(3) The expenditures made shall be ratified and audited by the
board at each regular meeting.
(4) As used in this section, “electronic funds transfer” has the
meaning given that term in ORS 293.525. [Formerly 545.563; 1997 c.631
§488; 2005 c.492 §2]
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