As used in this chapter, except where the
context clearly indicates a different meaning:
(1) “Board” means the board of directors of a water control
district created under the provisions of this chapter.
(2) “District” means a water control district created under this
chapter.
(3) “Court” means the county court having jurisdiction over a water
control district and includes the board of county commissioners.
(4) “Land” or “tract of land” means real property, together with
improvements thereon, whether publicly or privately owned, within a
district.
(5) “Landowner,” “owner,” “owner of land” and “owner in fee” are
synonymous and mean a person, public body as defined in ORS 174.109, or
the federal government or any agency thereof, owning a tract of land
situated within a district, or within the boundaries of a proposed
district. The vendee named in a bona fide contract of sale of a tract of
land situated within a district shall be considered as a landowner to the
exclusion of the vendor. Whenever two or more persons own a tract of land
as tenants in common or by entirety, each such person shall be regarded
as a landowner. The guardian, administrator or executor authorized to act
as such of a person or estate owning land within a district shall be
considered a landowner.
(6) “Works” means dams, storage reservoirs, canals, ditches, dikes,
levees, revetments, and all other structures, facilities, improvements
and property necessary or convenient for draining land, controlling flood
or surface waters, or supplying lands with water for irrigation, domestic
or other purposes.
(7) “Notice by publication” means the giving of notice by
publication in a newspaper defined as a legal publication under the laws
of Oregon in each county in which lands within a district are located. A
notice of a hearing to be held before the board of a district or the
court shall be published once each week for four consecutive weeks making
four publications and the last publication of such notice shall be at
least 10 days before the date set for the hearing. All other notices
required to be published under the provisions of this chapter shall be
published once each week for two consecutive weeks making two
publications, and the last publication shall be at least five days before
the date of the event for which the notice is given. This subsection does
not apply to provision of notice for an election.
(8) “Engineering plan” means the plans and specifications for the
works to be constructed or purchased within any subdistrict, including
such maps, profiles, plans and other data as may be necessary to set
forth the location, character of the work, the property benefited, taken
or damaged, showing any and all rights of way or other property which may
be required for the construction of any works, together with the
estimates of the cost of the works and an estimate of the benefits and
damages which will accrue to each tract of land within a subdistrict upon
the construction or purchase of the works. A project work plan prepared
for a subdistrict in cooperation with a soil and water conservation
district may be adopted as the engineering plan, even though such project
work plan is not the final construction plan, and does not give an
estimate of the benefits and damages which will accrue to each tract.
(9) “Apportion” means to determine the proportionate share of any
assessment which is to be borne by a tract of land subject to assessment
or to determine the proportionate share of any charge which is to be
borne by the owner or occupant of a tract of land. The determination
shall be made by calculating the percentage ratio of the appraised
benefits of a tract of land to the total appraised benefits accruing to
all tracts of land, or owners and occupants thereof, subject to the
assessment or charge and allocating to the tracts of land, or owners and
occupants, the same percentage of the total sum of money to be raised by
the assessment or charge.
(10) “New assessed valuation” means the assessed valuation of a
tract of land as assessed by the county assessor for the county in which
the land is located for the year in which an adjustment of benefits is
made by a district.
(11) “Original appraised benefits” means the benefits determined to
accrue to a tract of land by an appraisal.
(12) “Original assessed valuation” means the assessed valuation of
a tract of land as assessed by the county assessor for the county in
which the land is located for the year in which the original benefits
were determined.
(13) “Record” means to file a document for recording with the
county clerk of each county in which the lands within a district or
subdistrict are located. [Amended by 1961 c.186 §4; 1965 c.623 §1; 1969
c.691 §1; 1983 c.83 §102; 1983 c.350 §307; 1991 c.459 §430c; 2003 c.802
§138]ORGANIZATION AND POWERS OF DISTRICT (1)
Water control districts may be created as provided in this chapter for
the purpose of acquiring, purchasing, constructing, improving, operating
and maintaining drainage, irrigation, and flood and surface water control
works in order to prevent damage and destruction of life and property by
floods, to improve the agricultural and other uses of lands, and to
improve the public health, welfare and safety.
(2) A water control district, organized for one or more of the
purposes provided by subsection (1) of this section, may also acquire,
purchase, construct, improve, operate and maintain works and facilities
for the secondary purposes of domestic, municipal and industrial water,
recreation, wildlife, fish life and water quality enhancement. However, a
water control district may not be created solely for one or more of the
purposes provided by this subsection. [Amended by 1969 c.691 §2] (1) ORS chapter 255 governs the
following:
(a) The nomination and election of directors of the district board.
(b) The conduct of district elections.
(2) The electors of a district may exercise the powers of the
initiative and referendum regarding a district measure, in accordance
with ORS 255.135 to 255.205.
(3) A person may vote in a district election only if the person is
an elector registered in the district. However, in any district in which
there are no electors registered in the district and the property is used
for business, industrial or farming purposes and is nonresidential in
character, all owners of property located within the district may vote,
and the authorized officer or representative of any corporation owning
land in the district may vote for the corporation landowner. [1983 c.350
§311]If any contract has been entered into between the district and
the United States or the State of Oregon or any agency of either of them,
or if the district has contracted to purchase any existing works and the
purchase price has not been paid in full, no change shall be made in the
boundaries of the district without the written consent of such
contracting agency or the vendor of such existing works. [Amended by 1965
c.623 §4; 1971 c.727 §170] A water control district
formed under the provisions of this chapter has full power to carry out
the objects of its creation and to that end may:
(1) Have and use a seal.
(2) Have perpetual succession.
(3) Sue and be sued in its own name.
(4) Acquire by condemnation, purchase, devise, gift or voluntary
grant real and personal property or any interest therein, located inside
or outside of the boundaries of the district.
(5) Enter into intergovernmental agreements under ORS chapter 190
for the construction, preservation, improvement, operation or maintenance
of any works.
(6) Build, construct, purchase, improve, operate and maintain,
subject to other applicable provisions of law, all works and improvements
necessary or desirable under any engineering plan adopted by the district.
(7) Enter into contracts and employ agents, engineers and attorneys.
(8) Appropriate and acquire water and water rights and sell, lease
and deliver water for irrigation and other purposes both inside and
outside the district.
(9) Create special assessment districts, hereinafter referred to as
subdistricts, for the purpose of levying assessments against lands
benefited by works constructed by the district or ad valorem taxes on all
taxable property within the subdistrict.
(10) Levy assessments against lands benefited by works constructed
by the district or, in lieu of all assessments provided for by ORS
553.510 (2), (3) and (4), levy ad valorem taxes on all taxable property
within the subdistrict in order to provide funds for the construction,
purchase, improvement, operation or maintenance of such works.
(11) Borrow money and issue notes, bonds, and other indebtedness
secured by mortgage liens, pledge of special assessments as provided in
ORS 553.510, or pledge of other income or revenue of the district, or any
combination thereof.
(12) In addition to or in lieu of the levy of assessments against
the lands of the district, impose and collect service charges upon the
owners or occupants of the property served by the works of the district
and impose and collect user charges, fees and tolls for use of the works,
facilities and services of the district.
(13) Do such other acts or things as may be necessary for the
proper exercise of the powers herein granted. [Amended by 1965 c.623 §5;
1991 c.459 §430d; 2003 c.802 §139] The board of directors, its
officers, agents or employees shall have the right to enter upon any land
to make surveys for the purposes of the district, upon giving the owners
of such land notice of any such surveys reasonably in advance thereof.
[1965 c.623 §9](1) There hereby is created a water control
district territorially coterminous with each water control district
existing on June 16, 1969, if such district was at that time a valid
district but for the fact that its electorate was restricted to property
owners. In determining the boundaries of districts created by this
subsection, full effect shall be given to annexations, withdrawals and
consolidations effected by districts prior to June 16, 1969, under this
chapter or other statutes authorizing or purporting to authorize such
action.
(2) Water control districts territorially coterminous with the
districts created by subsection (1) of this section hereby are abolished.
(3) Water control districts created by this section shall be
governed by this chapter. [1969 c.691 §16] Each water
control district created by ORS 553.105 shall in all respects succeed to
and replace the territorially coterminous water control district
abolished by ORS 553.105. Without limiting the foregoing:
(1) A successor district is:
(a) The owner of the property of the succeeded district, including
real property and funds on deposit with the county treasurer or banks.
(b) Successor party to the contracts of the succeeded district.
(c) Successor party to the court proceedings of the succeeded
district.
(d) Successor obligor on the indebtedness of the succeeded district.
(2) The directors and officers of the succeeded district are the
directors and officers of the successor district. Each director and
officer shall hold office for a term equal to the term of office in the
succeeded district. [1969 c.691 §17](1) This
chapter shall not be construed to affect, amend or repeal any other law
of Oregon or to affect or impair the vested rights of any person or
public body as defined in ORS 174.109, to the use of water or rights in
the use of water.
(2) No lands located within the boundaries of any city, irrigation
district or drainage district shall be included within the boundaries of
a water control district without the consent of the city or district.
(3) No lands publicly owned and no lands of any railroad, public
utility or telecommunications utility shall be assessed without the
consent of the owner thereof. [Amended by 1987 c.447 §133; 2003 c.802
§140]GOVERNING BODY(1) The electors of a district shall elect
a board of directors whose number shall be fixed at five, seven or nine
by the county court during formation proceedings. Directors shall be
owners of land within the district and subject to the current charges and
assessments of the district. The directors need not reside within the
district.
(2) Each director shall be elected for a term of four years,
commencing July 1, except the directors elected at the first election
immediately following creation of the district. The directors first
elected shall determine their terms by lot as follows:
(a) If there are nine directors, the terms of four shall expire
June 30 next following the first regular district election and the terms
of five shall expire June 30 next following the second regular district
election.
(b) If there are seven directors, the terms of three shall expire
June 30 next following the first regular district election and the terms
of four shall expire on June 30 next following the second regular
district election.
(c) If there are five directors, the terms of two shall expire June
30 next following the first regular district election and the terms of
three shall expire June 30 next following the second regular district
election.
(3) The board of directors shall fill any vacancy on the board as
provided in ORS 198.320.
(4) The board of directors or 10 or more landowners may petition
the county court to change the number of directors on the board of
directors. If the court acts favorably on the petition, it shall enter an
order which designates the terms of office of the five, seven or nine
directors in general accordance with the provisions of this section so
that the number remaining on the board will be divided into two equal or
approximately equal groups as to terms. The change in the number of board
members shall take place on July 1 next following the order. [Amended by
1961 c.186 §5; 1965 c.623 §6; 1969 c.669 §15; 1969 c.691 §§4,18; 1971
c.647 §120; 1971 c.727 §171; 1971 c.727 §198; 1973 c.796 §70; 1975 c.647
§46; 1983 c.350 §308; 2001 c.264 §1] As soon
as possible after an election of directors, the directors shall meet for
the purpose of qualifying all persons elected as directors and for the
purpose of electing officers of the district. Each director shall qualify
by subscribing to an oath of office. The directors shall elect from their
number a president and vice president and shall appoint a
secretary-treasurer. Such officers shall have such authority and duties
as may be given to them by the board. The board shall hold such meetings
as may be necessary or convenient. [Amended by 1971 c.403 §12] The board shall:
(1) Manage and conduct the affairs of the district.
(2) Adopt a seal.
(3) Make and execute all necessary contracts.
(4) Employ and appoint such agents, officers and employees as may
be required, and prescribe their duties and fix their compensation.
(5) Establish reasonable rules and regulations for the
administration of the affairs of the district.
(6) Withhold deliveries of water to lands upon which there are
delinquent charges or assessments.
(7) Impose charges or levy assessments for special benefits and
apportion the same among the lands, or owners or occupants of the lands,
within the district liable therefor as provided in this chapter.
(8) Acquire water rights for the purposes of the district or
subdistrict and the lands served thereby.
(9) Establish and maintain funds and accounts for the funds of the
district and of any subdistrict within the district.
(10) Obtain an annual audit of the books of the district.
(11) Fix the location of the principal office of the district at
some convenient place within or without the district.
(12) Keep a record of all of the proceedings of the board.
(13) Furnish a record book to the county clerk of each county in
which lands within the district are located, in which shall be recorded
all contracts, orders levying assessments and creating subdistricts, and
other documents required by law to be recorded.
(14) Levy special assessments as provided in ORS 553.510 and set
charges, fees and tolls for use of services and facilities made available
by the district or subdistrict.
(15) Issue notes, bonds and other evidence of indebtedness incurred
in connection with the construction, acquisition, improvement, or
operation and maintenance of works authorized by this chapter. [Amended
by 1965 c.623 §7; 1969 c.345 §16; 1991 c.459 §430e] (1) The county court may be
established as the governing body of a water control district as provided
by this section if the boundaries of the district are coterminous with
the boundaries of the county.
(2) At the election of the first governing body of a water control
district, the electors of the district shall choose either the county
court or a board of directors to be the governing body of the district.
The electors of the district also shall vote for directors, who shall
take office if the electors choose to have a board of directors as the
governing body.
(3) If a majority of the votes cast at the election favors the
county court as the governing body of the district, all duties, functions
and powers granted to a board of directors of a water control district
are vested in the county court. The county court shall be the governing
body of the water control district until the district is dissolved. [1957
c.606 §2; 1971 c.647 §121; 1971 c.727 §174; 1971 c.727 §199; 1983 c.350
§309](1) Notwithstanding any other provisions of this chapter, any
water control district, whenever it appears necessary, proper or
beneficial to its inhabitants, may acquire, construct, reconstruct,
equip, own, maintain, operate, sell, lease and dispose of domestic,
industrial and municipal water works or systems and property and all
appurtenances incident thereto.
(2) Any such water control district may furnish water for domestic,
industrial and municipal uses to premises and inhabitants within its
district, and in connection therewith, may supply, furnish and sell any
surplus water storage or carrying capacity over and above the domestic,
industrial and municipal needs of its inhabitants to persons and other
public bodies as defined in ORS 174.109, either within or without the
district; provided, however, that the power to furnish water for
domestic, industrial and municipal uses herein conferred will not be
exercised in such a manner as to impair the service of the district in
furnishing water for its inhabitants. [1963 c.363 §2; 2003 c.802 §141]The right to condemn property, given pursuant to ORS
553.090 (4) shall include property already devoted to public use,
including state and county property, which is less necessary than the use
for which it is required by the district. In the acquisition of property
or rights by condemnation, the board shall proceed in the name of the
district under the provisions of the laws of Oregon. However, the right
of condemnation may not be exercised against the lands or water rights of
an irrigation district organized under ORS chapter 545, a drainage
district organized under ORS chapter 547, a flood control district
organized under ORS chapter 550, a diking district organized under ORS
chapter 551, a water improvement district organized under ORS chapter
552, a corporation for the use and control of water organized under ORS
chapter 554 or a domestic water supply district organized under ORS
chapter 264, or against property of the State of Oregon used for highway
purposes. [1965 c.623 §10; 1983 c.740 §217]Prior to any party, officer or agent of a water control
district entering upon any land sought to be condemned, there shall be
furnished to the landowner a sufficient undertaking, either by surety
bond, personal bond, cash or other security, in an amount sufficient to
indemnify the landowner for the value of the land sought to be condemned,
together with all costs and attorney fees to which the landowner may be
entitled. This undertaking shall be conditioned that the district seeking
to condemn the land shall pay to the owner all damages, costs and
attorney fees that the owner may suffer by reason of the entry, or which
may be awarded to the owner by a jury upon a trial of the cause. [1965
c.623 §11] At
any time after the board of directors of a water control district has
commenced proceedings to acquire title to any land necessary for rights
of way, or for construction, alteration, repair or reservoir purposes,
the district may enter into possession of such lands and begin such work
as may be necessary to the development of the district. [1965 c.623 §12]CONSTRUCTION OF WORKS IN SUBDISTRICTS; DETERMINATION OF BENEFITS(1) Whenever the owners
of more than 50 percent of the acreage, exclusive of state and federally
owned land, in a body of land located within a district desire to have
the district undertake the construction or purchase of works and
facilities for purposes as set forth in ORS 553.020 which will benefit
their lands, they shall petition the board for the creation of a
subdistrict. The petition shall state the boundaries proposed for the
subdistrict; the name and address of each person signing the petition; a
brief general statement as to the works the petitioners desire to have
constructed or purchased; and a prayer asking that the lands described be
organized as a subdistrict. The description of the boundaries of the
proposed subdistrict shall be certified to as a complete and sufficient
legal description by a qualified engineer or land surveyor and such
certificate shall be filed with the board at the time the petition is
filed. The petition shall be considered by the board at its next meeting,
and if it meets with the approval of the board, the board shall adopt an
order creating the subdistrict in which shall be described the boundaries
of the subdistrict. A subdistrict may include all or any part of the
lands within a district. A copy of the order shall be recorded in each
county in which lands within the subdistrict are located.
(2) Notwithstanding subsection (1) of this section, a subdistrict
created under provisions of this chapter can be formed in the formation
proceedings if:
(a) The petition for formation states the purposes for which the
petitioners request formation of both the district and subdistrict;
(b) The boundaries of both the district and subdistrict are
coterminous;
(c) The description of the boundaries of the proposed subdistrict
are certified as to complete and sufficient legal description by a
qualified engineer or surveyor; and
(d) Owners of more than 50 percent of the acreage of the land in
the proposed district and subdistrict sign the petition to form the water
control district and subdistrict.
(3) After the creation of a subdistrict as provided by this
chapter, the boundaries thereof may be changed by the inclusion of lands
outside of the subdistrict upon the petition of the owners of 50 percent
of the lands desiring to be included in the subdistrict. The lands to be
added to the subdistrict must be within the boundaries of the district.
The petition shall state the boundaries of the lands to be included in
the subdistrict, the reason for adding the lands to the subdistrict, the
names and addresses of each person signing the petition and a prayer
asking that the lands described by the petition be annexed to the
subdistrict. The petition shall be filed with the board of directors. A
certificate containing a description of the boundaries of the subdistrict
after the proposed addition, certified to as a complete and sufficient
legal description of the subdistrict after the proposed annexation by a
certified engineer or land surveyor, shall be filed with the board at the
time the petition is filed. The board of directors shall enter an order
fixing a time and place for a hearing on the petition and shall either
give notice by publication of the hearing or a notice by mail to all
landowners within the boundaries of the lands proposed for inclusion in
the subdistrict. At the hearing or at any time and place to which the
hearing may be adjourned, the board shall determine what lands proposed
to be included within the subdistrict will be benefited by inclusion in
the subdistrict, and the new boundaries of the subdistrict shall be
described by the order. [Amended by 1961 c.186 §6; 1969 c.691 §5; 1971
c.727 §172; 2001 c.258 §1]After the creation of a subdistrict, the board shall secure
an engineering plan for the improvements requested in the petition for
the creation of the subdistrict. The board may adopt as an engineering
plan for a subdistrict any plans theretofore made by any department or
agency of the federal government or the State of Oregon or a project work
plan proposed for any soil and water conservation district in which lands
within the subdistrict are located, or the board may employ a qualified
engineer to make such engineering plan. Upon completion of the plan the
board shall cause notice thereof to be given to the owners of the tracts
of land within the subdistrict and shall permit the inspection of the
plan at the office of the subdistrict by all landowners. The notice may
be given by mail or by publication, as may be determined by the board.
The notice shall fix a time and place for a hearing before the board of
all objections to the plan, which hearing shall be held not less than 20
nor more than 30 days after the date of mailing or the date of the last
publication of the notice. At the hearing the board shall make such
changes in the engineering plan as it deems necessary in the light of any
objections or suggestions made by any person appearing at the hearing.
After the hearing, the board shall approve the plan as corrected or
changed, by adopting an order of approval. However, if the owners of more
than 50 percent of the lands within the subdistrict file written
objections to the order approving the engineering plan with the secretary
of the district within 15 days after the date of such order, no further
action shall be taken under the order and the plan shall be considered to
have been rejected by the landowners. Whenever an engineering plan for a
subdistrict is so rejected by the landowners the board may obtain a new
engineering plan and present it to the landowners in the manner above
provided or the board may dissolve the subdistrict. [Amended by 1961
c.186 §7]The cost of building, constructing,
purchasing, operating, maintaining and improving the works described in
an engineering plan for a subdistrict shall be charged to the owners of
the lands, or assessed against the lands, to be benefited by the works in
proportion to the benefits to be received by each tract of land. Only the
lands or owners within a subdistrict shall be liable for, charged with or
in any manner assessed or taxed for the payment of judgments, claims,
damages, costs, expenses, debts or other liabilities of or against a
district that accrue from, arise out of or are incurred in the building,
constructing, purchasing, operating, maintaining or improving the works
of such subdistrict. [Amended by 1991 c.459 §430f]
(1) The board, with such assistance as it deems necessary, shall prepare
a benefit roll and determine the benefits that will accrue to each tract
of land located within a subdistrict upon the construction of the works
described in the engineering plan for the subdistrict. After such
determination is made each landowner shall be given written notice
thereof by registered mail or by certified mail with return receipt. If
the landowner does not file written objections thereto within 30 days of
the date the notice is mailed, the landowner shall be deemed to have
consented to the allocation of benefits to the lands of the landowner. If
a landowner files objections within 30 days, the determination of the
benefits that will accrue to the lands of the landowner shall be referred
to a board of appraisers. A board of three appraisers shall be appointed
by the court, upon the petition of the board of directors, whenever one
or more landowners within the subdistrict files an objection. Each of the
appraisers shall, before assuming duties, take and subscribe to an oath
that the appraiser will faithfully and impartially discharge duties as an
appraiser and will make a true report of all work done by the appraiser.
The court may, by order, remove any appraiser at any time and shall fill
all vacancies on the board of appraisers or may appoint a new board as
the case may require. The appraisers shall receive such compensation as
the board of directors, with the approval of the court, determines, and
shall be reimbursed for the expenses they incur in the exercise of their
duties.
(2) Subsection (1) of this section shall not apply if the benefits
to be determined are set forth in an irrigation project contract which
has been executed by the owner pursuant to ORS 553.760. [Amended by 1969
c.691 §6; 1991 c.249 §56](1) The appraisers shall assess the amount of benefits
and the amount of damages, if any, that will accrue to each tract of land
which they are directed by the board of directors to appraise, and shall
determine the value of any lands to be acquired and used for rights of
way and other purposes by the subdistrict. The appraisers shall determine
the benefits to the lands themselves and to any buildings and other
structures erected on such lands. The appraisers shall take into
consideration the agricultural or other uses of such lands, the increase
in value thereof upon the completion of the proposed works, and the
increased income which will be derived from the lands upon the
construction of the works. In making their appraisal, the appraisers
shall give due consideration and credit to any works that have already
been constructed and which benefit any tract of land they are appraising.
The appraisers shall have no power to change the engineering plan.
(2) Whenever it appears to the appraisers that the benefits to all
the lands within the subdistrict will be less in value than the cost of
the proposed works, the appraisers shall file a preliminary report of
their work with the board of directors and recommend to the board that
the engineering plan be amended so that the proposed works can be
constructed at a cost less than the benefits to be derived therefrom. If
the board obtains an amended engineering plan, the appraisers shall
proceed with their work.
(3) Upon completing their work, the appraisers shall file a final
report with the court and certify that the appraisal has been completed
and that there is nothing further for them to do in regard to the matter.(1) After the filing of the report of the appraisers, the
court shall enter an order fixing the time and place for a hearing on the
report and directing the secretary of the district to give notice of the
hearing by publication. The notice shall contain a description of each
tract of land appraised, together with the names of the owners, if known,
and shall state that the appraisers appointed to assess the benefits and
damages to the lands described and to appraise the cash value of the
lands necessary to be taken for rights of way and other works within or
without the limits of the subdistrict, have filed their report with the
court and that the owner of each tract of land included therein is given
notice that the owner may examine the report and file objections to the
report or to any determination of benefits or damages on or before the
date set for the hearing.
(2) The district or any person owning or having any interest in the
lands described, or the owner of any tract of land within the subdistrict
for which the appraisals were made, may file exceptions to the report of
the appraisers or to any determination of benefits or damages determined
to accrue to lands upon the construction of the proposed works or to the
determination of the cash value of the lands necessary to be taken for
rights of way or other works.
(3) The court shall hear all objections and make such amendments
and modifications to the report of the appraisers as to the court may
seem equitable. Upon the conclusion of the hearing the court shall enter
its order in which shall be given the description of each tract of land
appraised, the value of the benefits and damages which the court
determines will accrue to each tract, and the value of lands necessary to
be taken for rights of way and other works.
(4) Any party interested may take an appeal from such order in the
manner set forth in ORS 553.815. The order shall be filed in the office
of the county clerk of the county in which the court is situated, and a
certified copy of the order shall be filed with the county clerk of each
other county in which lands within the subdistrict are located. [Amended
by 1969 c.691 §7]
In the event that it is determined, after the construction of any works
within a subdistrict, that any lands within the subdistrict are benefited
and the benefits accruing to such lands were not determined by the board
or by appraisal or the benefits determined by the board are less than the
benefits actually accruing to the property, or in case any person makes
use of or profits by the works within any subdistrict to a degree not
compensated for in the original determination of benefits by the board or
by appraisal, or in case the directors of the district find it necessary
to take or damage any additional property, the directors shall petition
the court for appointment of a board of appraisers to appraise or
reassess the benefits accruing to any tract of land within the
subdistrict or to appraise the damages to or value of any property taken.
After the appraisers file their report, the court shall act thereon in
the manner provided for the approval by the court of the original
appraisal. In the event that it is determined
after the construction of any works within a subdistrict that the
benefits received by any tract of land are materially less than the
appraised benefits, the board may, upon the petition of any owner of a
tract of land, hold a hearing on the question of whether the benefits
should be reduced. The board shall give notice by mail 30 days prior to
such hearing to all other owners of land within the subdistrict. After
hearing evidence for and against the reduction of benefits assessed
against the tract of land in question, the board shall make an order
reducing the amount of assessed benefits or dismissing the petition.ASSESSMENTS; CLAIMS; EQUALIZATION In order to raise the funds required
by a district for the construction, purchase, operation, maintenance and
improvement of works and facilities for purposes set forth in ORS 553.020
in any subdistrict, and in order to pay the general overhead and other
expenses of a district which are not chargeable directly to any
subdistrict, the lands benefited by any or all of such types of works and
by the operation of the district shall be subject to special assessments
of the following classes:
(1) A preliminary assessment, which shall be levied for the purpose
of defraying the expenses incurred by the district for organization of
the district, for organization of subdistricts, and for defraying
overhead costs and other expenses including purchases of rights of way,
acquisition of land and payment of fees and services as may be incurred
by the district prior to the time that construction assessments are
levied or a tax is levied. A preliminary assessment shall be apportioned
on the basis of the assessed valuation of property in the district. A
preliminary assessment shall be not more than five-hundredths of one
percent (0.0005) of the real market value of all taxable property within
the district computed in accordance with ORS 308.207. No district shall
levy a preliminary assessment for more than three years.
(2) A construction assessment, which shall be levied for the
purpose of defraying the cost of constructing or purchasing the works in
each subdistrict. The construction assessment shall be levied as soon as
the board is able to determine the probable cost of constructing or
purchasing the works described in the engineering plan for a subdistrict
or a construction assessment may be levied for the construction or
purchase of works in accordance with any loan agreement with the
government of the United States or the State of Oregon for money to be
used in the construction or purchase of such works or in accordance with
a purchase agreement entered into with the seller of such works. All
construction assessments shall be paid in 10 equal annual installments
and shall bear interest at a rate not to exceed six percent per annum
until paid from the date the first installment of the assessment is due.
Any landowner may make advance payments on the construction assessment
levied against the lands of the landowner. The board may, in its
discretion, decrease the amount of any annual installment and spread the
payment of the construction assessment over a period longer than 10
years. Such decrease shall apply uniformly to all lands within the
subdistrict. Whenever the board determines that the original construction
assessment is not in an amount sufficient to pay the cost of constructing
or purchasing the works described in the engineering plan for the
subdistrict, the board shall assess a second construction assessment.
(3) A maintenance and operation assessment, which shall be levied
for the purpose of defraying the cost of maintaining and operating the
works constructed within any subdistrict. On or before November 1 of each
year the board shall determine the probable cost of maintaining and
operating the works within each subdistrict during the ensuing calendar
year.
(4) An improvement assessment, which shall be levied for the
purpose of defraying the cost of making improvements within a
subdistrict. On or before November 1 of each year the board shall
determine the probable cost of making any necessary improvements to any
completed works within each subdistrict. No improvement assessment levied
in any one year shall be greater in amount than one percent of all
construction assessments levied against the same tract of land. In case
of an emergency the board may, upon the approval of the owners of over
half of the lands affected, levy, assess and collect a special
improvement assessment. The board may, in its discretion, levy an
improvement assessment within the limitations above provided in order to
accumulate a fund to make improvements in future years. [Amended by 1959
c.605 §1; 1961 c.186 §8; 1965 c.623 §13; 1969 c.691 §8; 1991 c.459 §431] (1) After
determining the sum of money to be raised by any assessment, except a
preliminary assessment, the board shall apportion the same among the
lands liable therefor. Benefits used as a basis for apportioning
maintenance and operation assessments and improvement assessments, except
assessments levied for the operation, maintenance and improvement of
irrigation works, may be adjusted from year to year in such manner that
the adjusted benefits are in the same proportion to the new assessed
valuation of the tract of land as the original appraised benefits are in
proportion to the original appraised benefits plus the original assessed
valuation of such tract of land.
(2) Adjusted benefits shall be made the basis for apportioning the
maintenance and operation assessments and the improvement assessment, and
shall not be used as a basis for apportioning construction assessments or
preliminary assessments. Benefits determined to be accruing to lands upon
the construction of irrigation works shall not be adjusted in any manner. (1) All sums of money
received by a district in payment of any assessment shall be kept in a
separate fund for each subdistrict from which the assessment is
collected. All funds remaining unexpended in any construction fund after
the payment of all costs incurred for the construction of works in any
subdistrict shall be paid into the improvement fund for such subdistrict,
and any funds remaining on hand in any maintenance and operation fund for
any year for any subdistrict shall likewise be paid into the improvement
fund of that subdistrict.
(2) The district shall maintain a general fund in which shall be
kept all funds received by the district for paying the general overhead
and other expenses of the district. The district shall pay into the
general fund such portion of each of the special assessments levied
against lands within subdistricts as is necessary to pay the general
expenses and overhead of the district.(1) In lieu of the provisions and methods contained in ORS 553.535
to 553.580, the board of directors of a district may provide by
resolution for the billing and collection of the charges or assessments
of the district in the manner provided under ORS 545.482 to 545.508 for
irrigation districts.
(2) A resolution adopted under this section may apply to any or all
of the assessments provided for under ORS 553.510, including but not
limited to all charges or assessments for operation and maintenance,
repairs, bond or interest payments, payments due or to become due to the
United States under any contract of the district with the United States
or other expenses of the district.
(3) Where in ORS 545.482, 545.484 and 545.508, the board or an
officer of an irrigation district is referred to, the corresponding board
or officer of a water control district shall perform the required
actions. [1991 c.459 §431b](1) All assessments
shall be levied by an order of the board. The order shall state the
description of the land assessed, the name of the owner of the land as
such name appears on the records of the district, or the records of the
county assessor, the type and kind of assessment, the amount of the
assessment due, and the due date. It shall not be necessary to issue a
separate order for each tract of land in a subdistrict, and any number of
tracts in the same subdistrict and the same county may be included in one
order. A copy of the order levying an assessment, certified and
acknowledged by the secretary of the district, shall be filed with the
county clerk of the county in which the land is located. Upon being
filed, the assessment shall constitute a lien against the land assessed,
prior in time to any other liens, rights or interests in the tracts of
land described except liens for taxes levied by the state or county.
(2) Notice of all assessments levied by a district shall be given
to the landowner by mail and shall be payable on the 30th day after such
notice is mailed. All assessments paid after the due date shall be
charged interest at the rate of not more than 12 percent per annum. All
assessments shall be paid to the secretary-treasurer of the district and
a receipt shall be issued therefor. From time to time the board shall
order the satisfaction of the liens against lands on which assessments
have been paid, and a copy of such order shall be filed with the county
clerk of the county in which the lands are located. [Amended by 1961
c.186 §9; 1981 c.122 §1] A
district may borrow money and secure repayment of the same by the
assignment of any assessments theretofore levied. Whenever a levied
assessment is assigned to secure the repayment of any sum of money
borrowed, the assessment shall be paid to the assignee thereof or the
agent of the assignee.(1) After the date fixed as the time
when an assessment shall become due, the board, by resolution, shall
direct that all delinquent assessments then unpaid, whether for operation
and maintenance, improvement, construction, or other purposes, shall be
foreclosed by the district. Such foreclosure shall follow the general
procedures of a suit in equity and shall be filed in the circuit court of
the county in which the land to be foreclosed is situated. If land in two
or more counties is to be foreclosed, separate proceedings shall be
commenced in each county as to the lands therein. The district may
recover in such suit the costs and disbursements and other expenses of
foreclosure. Any number of tracts of lands, whether they are delinquent
for the same or any number of assessments or for the same or several
years, may be foreclosed in the same suit. The court may award reasonable
attorney fees to the district if the district prevails in a foreclosure
action under this section. The court may award reasonable attorney fees
to a defendant who prevails in a foreclosure action under this section if
the court determines that the district had no objectively reasonable
basis for asserting the claim or no reasonable basis for appealing an
adverse decision of the trial court.
(2) The judgment in such suit shall order the sale of such property
and fix the time for holding the sale, which shall be not more than four
weeks from the date of the judgment, and shall order the sheriff of the
county to hold the same as other foreclosure sales, upon giving notice
thereof for two consecutive weeks prior to the day of sale, by
publication of notice once each week in a newspaper published in the
county in which the land to be sold is situated and by posting notices in
three public and conspicuous places in the county at least two weeks
prior to the day of sale.
(3) The district may be a bidder and purchaser of property upon
such sale. Upon such sale the sheriff immediately shall issue a deed to
the property sold, and no right of redemption shall exist. [Amended by
1981 c.897 §64; 1995 c.696 §30; 2003 c.576 §520]At any time prior to sale or at the time
of sale as provided by ORS 553.560, the former owner, assessment payer or
holder of legal or equitable title or lien upon or to any tract of land
included in the foreclosure and judgment may pay the amount of the lien
foreclosed, together with such amount of state and county taxes as the
district may have paid and a proportionate amount of the costs incurred
in such foreclosure proceedings, and withdraw the tract of land from the
foreclosure sale. If made prior to the judgment, the payment shall be
tendered to the clerk of the court, together with a written appearance in
the suit. If made after the judgment is entered, the payment shall be
tendered to the sheriff ordered to hold the sale. If payment is made
before judgment, the tract of land then shall be excluded from the
foreclosure proceedings. If payment is made after judgment, the district
shall issue satisfaction of lien to such former owner, assessment payer
or holder of equitable or legal title upon the tract of land and file the
same for record. [Amended by 2003 c.576 §521] At any time
after any assessment levied under this chapter becomes delinquent, the
district may pay any state and county taxes due or delinquent against
such tracts of land as are delinquent in the payment of the district
assessment, and add such amount to and foreclose the same as part of the
lien of the district against such tracts of land. All claims against the
district shall be presented to the district board for allowance or
rejection. Upon allowance, the claim shall be attached to a voucher
verified by the claimant or agent of the claimant, approved by the
president of the board and countersigned by the secretary, and directed
to the treasurer of the district for the issuance of a check for payment
of the claim against the proper fund in the custody of the district. Each
claim presented and approved by the board shall have indorsed upon it the
particular fund from which it is to be paid by the treasurer. Claims
against the district for administrative expense and for any costs or
expenses which are not properly chargeable directly to a particular
subdistrict shall, when allowed by the district board, be paid from the
general fund of the district. [Formerly 553.590]BONDS Any water control
district issuing bonds may, after an affirmative vote at any regular or
special election called or held pursuant to the Water Control District
Act, proceed to levy and collect assessments or ad valorem taxes as
provided in subsections (1) and (2) of this section.
(1) A water control district may proceed to levy and collect
assessments for any purposes of the water control district on a benefited
basis as provided in ORS 553.330 and as determined under ORS 553.340 to
553.380. However, no change in method of assessment shall be made except
with the consent of the holders of outstanding bonds.
(2) In lieu of the provisions of subsection (1) of this section and
not in addition thereto, a water control district may proceed to levy an
ad valorem tax for the purpose of paying the principal and interest on
bonded indebtedness when it becomes due. [1965 c.623 §14a] In lieu of the provisions
contained in ORS 553.535 to 553.580, a district may levy any one or all
of the assessments provided in this chapter by an order of the board. The
order shall state the description of the land assessed, the name of the
owner of the land as such description and name appears on the records of
the county assessor, the type and kind of assessment, the amount of the
assessment due, which shall be certified by the board not later than July
15 of each year to the county assessor of each county in which lands of
the district are situated. The county assessor shall enter the assessment
upon the county assessor’s roll against the property therein described,
in the same manner as other municipal taxes are entered by the county
assessor. The collection of the assessment shall be coincident with
collection of the state and county tax, and shall be governed by the laws
relating thereto. [1965 c.623 §15] (1) A water control
district may, in lieu of any or all of the assessments provided in this
chapter, levy an ad valorem tax upon all taxable property situated within
the boundaries of the district or subdistricts for a purpose of purposes
expressed therein. A levy of an ad valorem tax for a given purpose shall
not be in addition to any other assessments by a water control district
for that purpose.
(2) As used in this section, “purpose” means the type of service to
be performed by the district, or subdistrict, as set forth in ORS 553.020
(1) and (2). When the construction of an improvement serves more than one
purpose, the cost of construction or the cost of maintenance shall be
allocated between the two or more purposes on the basis of engineering
studies. [1965 c.623 §16; 1969 c.691 §9]For purposes of ad valorem taxation, a boundary change must
be filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225. [2001 c.138 §46] The
ad valorem tax provided for in ORS 553.620 shall be levied and collected
in the manner otherwise provided by law for the levy and collection of
real property taxes. The board shall prepare a budget in the form, manner
and time prescribed in ORS 294.305 to 294.565 (the Local Budget Law), for
the district and for each subdistrict for which taxes are to be levied
and assessed, and in accordance therewith shall fix the amount of money
to be raised by taxation for the district and for each subdistrict.
Thereafter the levy shall be equalized and the tax collected and turned
over to the district as otherwise provided by law for public
corporations. [1965 c.623 §17] (1) The bonds
issued shall be numbered consecutively, commencing with number 1. They
shall mature serially in annual amounts so as to be approximately equal,
principal and interest, commencing not more than five years and extending
not more than 50 years after the date of issue, as the board of directors
may determine, or in case the board deems it advisable to submit the
question of maturities at the bond election, then as the electors may
determine. They shall be negotiable in form. The bonds may be issued when
so authorized by the electors so as to include a sum sufficient to pay
the first four years’ interest, or less, to accrue on the bonds.
(2) The bonds shall bear interest at a rate determined by the board
of directors, payable semiannually on the first day of January and July
of each year. The principal and interest shall be payable at the places
designated in the bonds and coupons. The bonds shall be signed by the
president and secretary. Coupons for interest shall be attached to each
bond, and may be signed with the printed, lithographed or engraved
facsimile signature of the secretary.
(3) The secretary of the district shall register the bonds in books
kept in the office of the secretary for that purpose, and therein must be
stated the number, date, amount of bond, time and place of payment, rate
of interest, number of coupons attached, and any other description proper
for future identification of each bond. This section shall not be
construed to provide that any bond of the district shall bear a
registration certificate by the secretary. [1965 c.623 §20; 1969 c.691
§10; 1991 c.459 §431d]The contract provisions for the payment of
construction charges to the United States, and the bonds securing the
payment of the same, if any are issued and deposited, may be of such
denomination and may call for the payment of such interest not exceeding
six percent per annum, may provide for such installments and for
repayment of the principal at such times, as may be required by the
federal laws and as may be agreed upon between the board and the
appropriate federal agency. [1965 c.623 §21] (1) The board may sell from
time to time the bonds which have been authorized by the electors and in
such quantities as may be necessary and most advantageous. Before making
any sale the board shall, at a meeting, by resolution, declare its
intention to sell a specified amount of bonds, and the day, hour and
place of such sale, and shall cause the resolution to be entered on the
minutes. Notice of sale shall be given by publication. The notice shall
state that sealed proposals will be received by the board at its office
for the purchase of the bonds until the day and hour named in the
resolution. At the time appointed, the board shall open the proposals and
may reject any or all bids. After offering the bonds for sale, as above
provided, if no satisfactory bid is received, the board may use the bonds
for any purpose for which the proceeds from the sale of bonds may be
used, but the board shall in no event sell or dispose of any bonds for
less than 90 percent of their face value.
(2) The board may by resolution entered on its records cancel any
bonds which may have been voted or issued which have not been sold or
deposited as security for funds advanced or to be advanced, and which the
state, United States or any person has no claim to or equity in. After
such cancellation, the bonds shall not be sold or otherwise disposed of;
they shall be invalid and of no effect; and the board may not replace
them without authorization of the electors. [1965 c.623 §22] The
district may borrow from the United States or an agency thereof, by
furnishing the agency with a single bond or other evidence of
indebtedness in such form and on such terms as are required by the
federal laws and as may be agreed upon between the board and the federal
agency. [1969 c.691 §12; 1991 c.459 §431e]The bonds and the interest thereon and all
payments due or to become due to the United States under any contract
between the district and the United States, accompanying which bonds of
the district have not been deposited with the United States, and all
obligations for the payment of money authorized and incurred under this
chapter, shall be paid by the revenue derived from the annual charges
upon the owners or occupants of, or taxes or assessments upon, the land
in the subdistrict. All the owners or occupants or lands in the
subdistrict shall be and remain liable to be charged, taxed or assessed
for such payments as provided in the Water Control District Act and under
and subject to the provisions thereof. [1965 c.623 §23; 1991 c.459 §431f] In addition
to the provisions for the payment of bonds and interest by taxation and
other provisions of this chapter, all the property of the subdistrict,
including irrigation and other works, shall be liable for the
indebtedness of the subdistrict. The holder of the bonds, or the United
States in case contract has been executed by the United States, may, in
case of default in the payment of interest or principal on the bonds, or
the amount due on the contract, upon the order of the circuit court, take
possession of the works of the subdistrict and operate the same until the
amount in default is fully paid. [1965 c.623 §24] (1) Upon order of the
board, an election shall be held in the subdistrict to determine whether
bonds in any amount the board may deem necessary shall be issued for any
purpose necessary or convenient in carrying out the provisions of this
chapter, including the refunding of outstanding bonds.
(2) If a majority of the votes cast at the election approve the
issuance of the bonds, the board shall cause bonds in that amount to be
issued, or such portion thereof as may be necessary from time to time. If
the majority of the votes cast disapprove issuance of the bonds, the
result of the election shall be entered of record.
(3) Whenever thereafter the board in its judgment deems it for the
best interest of the subdistrict that the question of the issuance of
bonds in any amount shall be submitted to the electors, it shall so
declare of record in its minutes, and may thereupon submit such questions
to the electors in the same manner and with like effect as at the
previous election. [1965 c.623 §§18,19; 1971 c.647 §122] Any tax or
assessment upon land shall be a lien against the property assessed or
taxed, and such lien for all payments due or to become due under any
contract with the United States or for the payment of principal or
interest of bonds deposited with the United States shall be a preferred
lien to any assessments for bonds issued subsequent to the date of such
contract or the issuance of the bonds deposited with the United States.
No subdistrict tax or assessment lien shall be removed until the
assessments or tax is paid with interest and penalties or the property
sold for the payment thereof. [1965 c.623 §25]The treasurer shall keep a “Bond Fund”
account or a “Bond and United States Contract Fund” account, as the case
may be, into which shall be deposited all moneys arising from the sale of
refunding bonds and from charges, assessments, taxes and levies until
there is sufficient money in the fund to meet the next installment of
principal and interest upon bonds of the subdistrict and to meet all
payments for construction and other purposes to the United States. From
the fund the treasurer shall pay moneys due as principal and interest on
bonds as they mature and the bonds and coupons are presented and as
payments to the United States fall due. Moneys received from the sale of
bonds and otherwise for construction or acquisition of works by the
subdistrict shall be deposited into a “Construction Fund.” All other
moneys received by the subdistrict shall be deposited into a fund known
as the “General Fund,” from which shall be defrayed all obligations of
the subdistrict other than those in this section described. The Bond and
United States Contract Fund accounts shall be devoted to the obligations
of the subdistrict payable therefrom in the order of the priority of the
creation of the obligations. [1965 c.623 §26; 1991 c.459 §431g]
Notwithstanding anything contained in this section, the board in its
discretion may issue any 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 thereof 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. [1965 c.623 §27; 1997 c.171 §21]CONTRACTS WITH OTHER GOVERNMENTAL UNITS FOR CONSTRUCTION OF WORKSAfter the creation of a subdistrict, and with
the approval of the electors of the subdistrict, a water control district
may enter into intergovernmental agreements under ORS chapter 190 for the
construction of works within the subdistrict or outside of the
subdistrict for the benefit of lands within the subdistrict. If by reason
of an intergovernmental agreement a district becomes obligated to
contribute all or any part of the cost of constructing such works or to
furnish rights of way or to pay for the cost of improvements to be made
in conjunction with the construction of such works or to maintain and
operate the works after the construction thereof, the district may levy
an ad valorem tax against the lands within the subdistrict for the
purpose of raising funds with which to discharge its obligations under
the agreement and to pay the costs and expenses incurred by the district
in connection therewith. The levy of an ad valorem tax for such purposes
shall be in lieu of and not in addition to any other method of levying
assessments by a water control district. [Amended by 1991 c.459 §431h;
2003 c.802 §142] The ad
valorem tax provided for in ORS 553.710 shall be levied and collected in
the manner otherwise provided by law for the levy and collection of real
property taxes. The board shall prepare a budget in the form, manner and
time prescribed in ORS 294.305 to 294.520, 294.555 and 294.565 (the Local
Budget Law), for each subdistrict for which taxes are to be levied and
assessed, and in accordance therewith shall fix the amount of money to be
raised by taxation for each subdistrict. Thereafter the levy shall be
equalized and the tax collected and turned over to the district as
otherwise provided by law for public corporations. No levy of an ad valorem tax under
ORS 553.710 for any one year shall exceed one-half of one percent (0.005)
of the real market value of all taxable property within the subdistrict,
computed in accordance with ORS 308.207. If the total sum of money
required to be raised under the terms of a contract entered into by a
district, together with the sum of money to be raised to pay the costs
and expenses of the district incurred in connection therewith, exceeds
such limitation, a levy for each year thereafter shall be made by the
district until the entire contract obligation has been discharged.
[Amended by 1963 c.9 §31; 1991 c.459 §432] After the amount of a levy under ORS
553.710 is determined and turned over to the county assessor, a district
may issue warrants to an amount not in excess of 75 percent of the amount
of the levy. The warrants shall be serially numbered and shall bear
interest of not more than six percent and shall be paid by the treasurer
of the district in the order of issuance upon receipt of funds from the
county treasurer.(1) Whenever a district has adopted,
as the engineering plan for a subdistrict, a project work plan prepared
for the subdistrict by a department of the federal government, and in
connection with the development of such plan desires to borrow money from
any state or federal agency, such district may, in lieu of levying a
preliminary assessment, and with the approval of the electors of the
subdistrict, enter into a loan contract with such agency.
(2) The loan contract shall be in such form and shall contain such
terms as may be agreed upon by the agency and the district; the district
may agree to levy a construction assessment against each tract of land
benefited within the subdistrict, to do all acts and things necessary
therefor, to assign to the lending agency the construction assessments as
security for the loan and to perform all such acts within such period of
time as may be agreed to between the district and the state or federal
lending agency.
(3) In the event that a state or federal lending agency pays over
money to a district pursuant to the terms of a loan contract and the
district fails, refuses or neglects to levy the construction assessments,
to obtain or prepare a benefit roll, to assign the construction
assessments, or in any other manner not to perform as it agreed to under
the loan contract, the state or federal lending agency shall have the
right, at its election, to apply to the circuit court for the county in
which is located the largest part of the lands within the subdistrict for
a writ of mandamus, or any other order or writ, to require the district,
its directors, officers and agents to do such acts and things as the
district agreed to do under the terms of the loan contract. All costs,
charges and expenses pertaining to the issuance and execution of any such
writ or order shall be charged to and collected from the lands subject to
the construction assessments in addition to such construction assessments.
(4) Upon the execution of a loan contract, the district shall
record with the county clerk for the county in which the lands within the
subdistrict are located, a certificate which shall state the date of the
loan contract, the maximum amount of the loan, the recording data
pertaining to the recorded order creating the subdistrict, the term of
the loan and the rate of interest. Such certificate shall give notice
that all lands within the subdistrict determined to be benefited by the
construction of the works referred to in the engineering plan will be
subject to construction assessments thereafter to be levied. [1961 c.186
§2; 1991 c.459 §432a] No tract of land
shall be considered to be benefited by the construction, operation,
maintenance or improvement of irrigation works unless the owner of such
land enters into an irrigation contract with the district. The irrigation
contract shall be in such form as shall be prescribed by the district.
Upon being executed the contract shall be recorded with the county clerk
of the county in which such lands are located and the recording of the
contract shall constitute notice that such lands are subject to all
maintenance and operation assessments thereafter levied and all other
assessments thereafter or theretofore levied by the district. [1961 c.186
§3]APPEALS Owners of any
property against which an assessment or tax has been levied may seek a
review thereof under ORS 34.010 to 34.100. [1969 c.691 §15]DISSOLUTION Any water control district
may be dissolved whenever a majority vote of the electors of the district
voting at an election for such purpose favors the dissolution. [1965
c.623 §28]
_______________
|
