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Volume : 15 - Water Resourc...
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Chapter 545 - Irrigation Districts
Chapter 545 - Irrigation Districts
Section 545.001 - Short title.
Section 545.002 - Definitions.
Section 545.004
Section 545.006
Section 545.007 - Voting rights.
Section 545.008
Section 545.010
Section 545.012
Section 545.014
Section 545.018
Section 545.020
Section 545.022
Section 545.024
Section 545.025 - Purposes of irrigation district; process for formation.
Section 545.026
Section 545.028
Section 545.029 - Hearing of petition by county court; authority as to boundaries of district; lands included; order; formation of district without election.
Section 545.030
Section 545.032
Section 545.033 - Naming and division of districts.
Section 545.034
Section 545.036
Section 545.037 - Notice of election for determining organization of district; contents; publication; mailing.
Section 545.038
Section 545.041 - Conduct of election; contents of nominating petition; verification of electors by county assessor; order declaring result; inclusion of portion of district in another district; commencement of duties by directors.
Section 545.043 - Qualifications of directors; terms of office; oath.
Section 545.045
Section 545.051 - Change of boundaries authorized; effect on existing rights and liabilities.
Section 545.057 - Petition for inclusion of lands within district.
Section 545.059 - Notice of petition; publication; deposit for costs.
Section 545.061 - Hearing on petition.
Section 545.062
Section 545.064
Section 545.065
Section 545.066
Section 545.067 - Liability of petitioners for obligations of district.
Section 545.068
Section 545.070
Section 545.071 - Acceptance or rejection of petition; inclusion of land when owner objects.
Section 545.075 - Requirements that may be imposed upon petitioners in western Oregon district; charges or assessments.
Section 545.076
Section 545.078
Section 545.079 - Recording of order including lands in district; effect of order; appeal.
Section 545.080
Section 545.081
Section 545.082
Section 545.084
Section 545.085 - Record of petition; admissibility in evidence.
Section 545.086
Section 545.088
Section 545.089 - Redivision of district; election of directors.
Section 545.090
Section 545.091 - Inclusion of lands not subject to charges of district.
Section 545.093 - Creation of subdistricts; purpose; change in subdistrict boundaries.
Section 545.094 - Engineering plan for improvements within subdistricts; notice; hearing; remonstrance.
Section 545.095 - Charges or assessments for improvements within subdistrict.
Section 545.097 - Exclusion of tracts; effect on status of district, rights and liabilities.
Section 545.099 - Petition for exclusion of lands from district; approval by board; payment of costs of exclusion.
Section 545.101 - Exclusion of subdivisions with three or more tracts on each acre of land; exceptions.
Section 545.102
Section 545.104
Section 545.105 - Assent of bondholders; acknowledgment; filing; recording.
Section 545.106
Section 545.108
Section 545.109 - Recording minutes of board.
Section 545.110
Section 545.112
Section 545.113 - State agency to pay assessment and charges or to petition for exclusion.
Section 545.114
Section 545.116
Section 545.119
Section 545.123 - Redivision of district; election of director.
Section 545.124
Section 545.126 - Liability of excluded lands for district’s obligations.
Section 545.131 - Union or merger of districts; petition; approval of board; election; indebtedness.
Section 545.135 - Elections subsequent to organization of district; election of directors.
Section 545.137 - Notices of election; board of election; place of holding election; nomination of candidates; advertising openings on district board; certificate of election to sole candidate; ballots.
Section 545.139 - Board of election; polls; ballots.
Section 545.141 - Conduct of election; challenge and verification of qualifications of elector; counting ballots.
Section 545.142
Section 545.144
Section 545.145 - Certificate of vote; stringing of ballots; sealing of returns; delivery to board secretary; recount.
Section 545.146
Section 545.148
Section 545.149 - Canvass of returns; standard for rejecting certain election documents; canvass to be in public.
Section 545.150
Section 545.152
Section 545.153 - Statement of result; contents; certificate of election; effect of informalities in conduct of election.
Section 545.163 - Procedures for conducting election by mail.
Section 545.167 - Division of district for election of directors; procedure.
Section 545.169 - Election of directors from newly created divisions.
Section 545.171 - Election precincts in divisions; alteration.
Section 545.172
Section 545.174
Section 545.176
Section 545.178
Section 545.181 - Organization of board; officers; establishment of meeting dates; collection, custody and disbursement of moneys.
Section 545.183 - Compensation and expenses of officers and employees; membership fees in associations.
Section 545.185 - Meetings of board; quorum; public inspection of records.
Section 545.187 - Vacancy in office when director ceases to be resident or landowner; appointment of successor.
Section 545.188 - Filling vacancy in office of director.
Section 545.189 - Recall of director; procedure; required number of signatures for recall petition.
Section 545.192
Section 545.194
Section 545.196
Section 545.198
Section 545.199 - Increase in number of directors upon determination of board or petition; election on increase.
Section 545.202
Section 545.203 - Election of additional directors; terms of office.
Section 545.204
Section 545.206
Section 545.207 - Redivision of district upon increase in directors; representation of divisions; voting qualifications.
Section 545.208
Section 545.210
Section 545.211 - Decrease in number of directors; redivision of district; terms of office.
Section 545.212
Section 545.214
Section 545.216
Section 545.218
Section 545.221 - Powers and duties of board as to management of district; water deliveries.
Section 545.224
Section 545.225 - Contracts; conveyances; suits; judicial knowledge concerning district; audit reports.
Section 545.228
Section 545.230
Section 545.232
Section 545.234
Section 545.236
Section 545.237 - Right to enter upon lands for inspection and maintenance of water works.
Section 545.239 - Right to enter upon and acquire lands and water rights; right of condemnation.
Section 545.241 - Bond or other security as condition of immediate possession in condemnation by irrigation or drainage district.
Section 545.242
Section 545.244
Section 545.245 - Right to immediate possession in condemnation proceeding.
Section 545.246
Section 545.248
Section 545.249 - Right to condemn for irrigation purposes is a superior right.
Section 545.250
Section 545.252
Section 545.253 - Title to and rights in property acquired.
Section 545.254
Section 545.256
Section 545.257 - Authority of irrigation district to acquire domestic or municipal water works; assumption of obligations; sale of surplus water; impairment of irrigation service forbidden.
Section 545.258
Section 545.260
Section 545.262
Section 545.264
Section 545.266
Section 545.268
Section 545.270
Section 545.271 - Furnishing water.
Section 545.272
Section 545.274
Section 545.275 - Lien on crops for water supplied for irrigation; enforcement; attorney fees.
Section 545.276
Section 545.278
Section 545.279 - District may require water control devices and measuring devices; notice to water user; objections; hearing.
Section 545.280
Section 545.282
Section 545.283 - Joinder of districts in acquisition or construction of irrigation or other water use works.
Section 545.284
Section 545.286
Section 545.287 - Directors may construct or maintain improvements, levy assessments or provide for charges.
Section 545.288
Section 545.291 - Apportionment of water to tracts; employment of person to distribute water; assessment or charge; lien on land.
Section 545.293 - Resolution for water distribution works or services; hearing of objections; construction, repair or maintenance of improvement; apportionment of costs; assessment.
Section 545.295 - Conditions required in certain districts before delivering water to additional lands; order; charges and assessments.
Section 545.301 - Financing acquisition of water works; contracts with federal government; approval by electors.
Section 545.303 - Water works system to be self-sustaining; payment of indebtedness; rates; separate accounts.
Section 545.305 - Election concerning acquisition of water works.
Section 545.307 - Investment of surplus funds in federal or state bonds.
Section 545.312
Section 545.314
Section 545.315 - Petition to construct improvements for irrigation; contents; assent of petitioners to assessment of cost of improvement.
Section 545.316
Section 545.318
Section 545.319 - Elections on question of constructing improvement; resolution of directors.
Section 545.320
Section 545.322
Section 545.323 - Majority of votes required to approve construction of improvement; cost; apportionment; assessment.
Section 545.324
Section 545.326
Section 545.332
Section 545.335 - Drainage works; construction authorized; powers of districts; designation of bonds.
Section 545.343 - Obligations or contracts with United States under Reclamation Act; acquisition of federal lands.
Section 545.345 - Conveyance of lands to United States.
Section 545.347 - Obligations or contracts with United States under Fact Finders’ Act.
Section 545.349 - Authority to transfer land to federal government for development and colonization; repayment of expenditures; levy of assessments; funds; contracts with federal government.
Section 545.351 - Acquisition of lands from owners; crediting of value on charge against remainder of land.
Section 545.352
Section 545.354
Section 545.355 - Proceedings on extension or cancellation of payments due federal government.
Section 545.356
Section 545.358
Section 545.359 - Contracts with federal government for flood control works.
Section 545.360
Section 545.365 - Disposition of real property acquired by district; sale to member of board or employee prohibited.
Section 545.367 - Authorization of sale of property, excess water or hydroelectric power.
Section 545.369 - Release of lien of bonds; form; acknowledgment by bondholders; copy of release as evidence.
Section 545.371 - Consent of bondholders; notice requiring presentation of objections; implication of consent; hearing of objections by directors.
Section 545.373 - Proceeds of sale; special fund; uses of moneys.
Section 545.375 - Purchaser rights; power of directors respecting contracts and instruments relating to transfer.
Section 545.381 - Annual assessments; computation of amount to be raised; apportionment; determination of acreage and assessments; credit for water rights.
Section 545.382
Section 545.384
Section 545.385 - Certain lands may be assessed at different amounts; additional service charge.
Section 545.387 - Assessment on benefit basis; determination of benefits.
Section 545.389 - Deduction for rights or property required by district; assessments pending construction.
Section 545.391 - Assessments for contracts with United States.
Section 545.393 - Resolution concerning assessments for payment to United States; publication; collection by county officers.
Section 545.395 - Development of district by units; apportionment of assessments; inclusion of noncontiguous land; assessment of reclaimed or improved lands for district obligations.
Section 545.397 - Districts developed by units; validation.
Section 545.399 - Contract with United States; annual assessments or direct billings.
Section 545.401 - Deposit of moneys in special fund; uses.
Section 545.402
Section 545.404
Section 545.406
Section 545.408
Section 545.410
Section 545.412
Section 545.413 - Record of assessments and apportionments; error in description; evidence.
Section 545.416 - Equalization of assessment and apportionment of taxes; notice of time of meeting of board; public inspection of list.
Section 545.418 - Meeting of board; duration; hearing and determination of objections to assessments and apportionment; changes.
Section 545.420 - Certification of assessments to county assessors; entry on assessment roll; collection of taxes; deposit of sums collected; disbursements from fund; taxation of state and federal lands.
Section 545.422 - Nonperformance by board; assessment, levy and equalization by county court.
Section 545.424 - Validation of assessments; defective entry on assessment roll; lands partly outside district.
Section 545.426 - Misnomer or mistake relating to ownership not to affect sale.
Section 545.428 - Collection of assessments by board secretary; purpose; treatment of unpaid assessments.
Section 545.430 - Objections by bondholders; payment from funds otherwise obtained.
Section 545.432
Section 545.433
Section 545.434
Section 545.436
Section 545.438
Section 545.440
Section 545.442
Section 545.444
Section 545.446
Section 545.448
Section 545.450
Section 545.452
Section 545.454
Section 545.456
Section 545.458
Section 545.460 - Withholding water while assessments are unpaid; accepting security for payment of assessments.
Section 545.462 - Cancellation or compromise of assessment liens on lands acquired by county for taxes.
Section 545.464 - Order to tax collector to cancel or change liens; correction of delinquent tax rolls.
Section 545.466 - Effect of ORS 545.462 and 545.464 on existing laws.
Section 545.468 - Exemption of parcel of land from payment of charge or assessment; qualification of owner of excluded parcel as district elector.
Section 545.471 - Charges for water supply; rates; collections and disbursements; basis of charges.
Section 545.473 - Districts providing for collection of charges by board secretary; levy of percentage of annual rates.
Section 545.475 - Lands subject to assessment.
Section 545.477 - Collection of charges; acceptance of district warrants; disposal of moneys collected.
Section 545.479 - Provisions not exclusive nor operative to relieve district of duty respecting obligations.
Section 545.482 - Authorization of method for billing and collecting incurred charges.
Section 545.484 - Computation of amount to be raised; apportionment of charges; fixing due date and delinquency date; fee for other services.
Section 545.487 - Pressurization charge; application to certain lands; apportionment.
Section 545.494 - Unpaid charge as lien on land; priority respecting other liens and claims.
Section 545.496 - Collection of incurred charges; withholding of water until payment; interest on unpaid charges.
Section 545.498 - Surety bond to be given by board secretary prior to handling district funds.
Section 545.502 - Foreclosure; procedure; redemption after sale; attorney fees.
Section 545.504 - Redemption of land upon or prior to foreclosure sale.
Section 545.506 - Payment of taxes by district; amount paid added to lien.
Section 545.507 - Borrowing for payment of operation and maintenance costs.
Section 545.508 - Moneys collected; deposit; separation of funds; disbursements.
Section 545.511 - Authorization of bonds, including refunding bonds; contract with state or with United States; election; notice.
Section 545.513 - Resubmission of questions to electors; contracts not requiring vote.
Section 545.515 - Bonds; interest included in authorized amount.
Section 545.517 - Bonds securing payments to United States.
Section 545.519 - Issuance of bonds; cancellation of bonds.
Section 545.521 - Bonds of districts organized before 1925 with indebtedness of $50,000; retirement of outstanding bonds as condition of further indebtedness; authorization and sale of refunding bonds; application of proceeds; redemption.
Section 545.522
Section 545.524
Section 545.529 - Bonds and payments payable from assessments; liability of lands.
Section 545.532 - Increase of assessments to meet defaults; property liable for indebtedness; possession of works upon default.
Section 545.535 - Lien against assessed lands; priority.
Section 545.537 - Sale of lands for delinquency; purchase by district.
Section 545.539 - Bond sinking funds; other funds.
Section 545.541 - Retirement of bonds prior to maturity.
Section 545.542
Section 545.544
Section 545.545 - Determination of liability of individual tracts for bonded indebtedness; acceptance of bonds and cash in payment.
Section 545.546
Section 545.548
Section 545.551 - Application of ORS 545.553 and 545.555.
Section 545.553 - Petition for election on authorization and issuance of bonds.
Section 545.555 - Holding election; notice.
Section 545.557 - Bonds; maturities; reserves; interest; trustees.
Section 545.559 - Bonds and coupons to be negotiable instruments.
Section 545.562
Section 545.563
Section 545.565 - Refunding bonds; procedure.
Section 545.567 - Determination of liability for assessment to pay bonds; determination on basis of irrigable area or benefits accrued.
Section 545.569 - Amounts paid to owners for property or rights.
Section 545.571 - Notice of determination; publication; contents.
Section 545.573 - Equalization of assessments; hearings.
Section 545.575 - Order determining benefits; order of assessment; "benefit surplus" defined.
Section 545.577 - Notice of proceedings; appeal to circuit court; notice and summons.
Section 545.579 - Pleadings; trial; appeal; finality of assessment order.
Section 545.581 - Assessment installments.
Section 545.582
Section 545.584
Section 545.585 - Bonds; issuance; purposes; form; amortization; maturities; negotiability; numbering; interest; denomination; registration; amount maturing annually; retirement.
Section 545.586
Section 545.588
Section 545.589 - Recording of assessments; bond lien docket; payment by bonds or coupons; interest on unpaid assessments; lien on land; priority.
Section 545.590
Section 545.592
Section 545.593
Section 545.594
Section 545.595 - Payment of assessment; relief from further assessment.
Section 545.596
Section 545.598
Section 545.599 - Five-year additional assessment; emergency assessments; emergency fund.
Section 545.602
Section 545.603 - Entry on assessment roll; lien on land; collection; disposal of moneys collected; liability of land sold for taxes; exception.
Section 545.604
Section 545.607 - Retirement of bonds before maturity.
Section 545.611
Section 545.612
Section 545.614
Section 545.615
Section 545.616
Section 545.617 - Sale of land for delinquent assessments; district as purchaser; payment of proceeds into emergency fund; purchase price paid by district.
Section 545.618
Section 545.620
Section 545.621 - Exchange of refunding bonds for outstanding indebtedness; exchange of interest certificates for bonds.
Section 545.622
Section 545.624
Section 545.626
Section 545.628
Section 545.629 - Declaration of intent to dispose of bonds; resolution; notice of sale; publication.
Section 545.631 - Consent of creditors to refunding of indebtedness.
Section 545.633 - Obtaining constructive consent of unknown or dissenting creditors; petition.
Section 545.635 - Notice of court proceeding to obtain constructive consent; effect of failure to file objection.
Section 545.637 - Hearing on petition; judgment; trustee.
Section 545.639 - Nature of proceeding; appeal; nonprejudicial errors; costs.
Section 545.643 - Contract providing plan of liquidation; resolution; investigation by and approval of Water Resources Commission.
Section 545.645 - Terms of contract; parties; execution.
Section 545.647 - Recording of contract; effective date; preeminence of contract with respect to rights and liabilities.
Section 545.649 - New contract in lieu of previous contract.
Section 545.651 - Constructive consent of holders of outstanding indebtedness; procedure for obtaining consent; petition.
Section 545.655 - Notice of petition and terms of contract; failure to file dissent; effect.
Section 545.659 - Hearing on petition; judgment; trustee.
Section 545.663 - Nature of proceeding; appeal; nonprejudicial errors; costs.
Section 545.667 - State Treasurer as depository.
Section 545.671 - Contract providing plan of liquidation; resolution of directors.
Section 545.673 - Terms of contract.
Section 545.675 - Parties to contract; execution.
Section 545.677 - Election authorizing directors to enter into contract.
Section 545.679 - Recording of contract; effective date; preeminence of contract with respect to rights and liabilities.
Section 545.683 - Submission of claims to board; drawing of warrants; payment; lack of funds; interest on warrants; debts payable by warrants; receipt of warrants, bonds and interest coupons in payment of charges; amount of outstanding warrants; monthly report of district finances.
Section 545.685 - Establishing bank account for payment of labor and emergency expenses.