Chapter 545 — Irrigation Districts

545.001 Short title

This chapter may be referred to as the Irrigation District Law.

545.002 Definitions

As used in this chapter: “Board” or “board of directors” means the governing body of a district. “District” means an irrigation district organized or operating under this chapter. “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 …

545.004 [Amended by 1967 c.503 §1; 1993 c.771 §4; 1995 c.42 §4; renumbered 545.025 in 1995]

545.006 [Amended by 1993 c.771 §5; 1995 c.42 §5; renumbered 545.029 in 1995]

545.007 Voting rights

In any matter requiring or allowing a vote of the owners of land or the electors of a district: 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 m…

545.008 [Amended by 1995 c.42 §6; renumbered 545.033 in 1995]

545.010 [Amended by 1967 c.503 §2; 1991 c.249 §54; 1993 c.771 §6; 1995 c.42 §7; renumbered 545.037 in 1995]

545.012 [Amended by 1993 c.771 §7; 1995 c.42 §8; 1995 c.754 §4; renumbered 545.041 in 1995]

545.014 [Amended by 1969 c.669 §13; 1989 c.182 §6; 1995 c.42 §9; renumbered 545.043 in 1995]

545.016 [Amended by 1969 c.345 §12; repealed by 1989 c.182 §49]

545.018 [Amended by 1959 c.348 §1; 1993 c.771 §8; 1995 c.42 §44; renumbered 545.199 in 1995]

545.020 [Amended by 1995 c.42 §45; renumbered 545.203 in 1995]

545.022 [Amended by 1953 c.233 §2; 1993 c.771 §9; 1995 c.42 §46; renumbered 545.207 in 1995]

545.024 [Amended by 1995 c.42 §47; renumbered 545.211 in 1995]

FORMATION OF DISTRICTS

545.025 Purposes of irrigation district; process for formation

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 fed…

545.026 [Amended by 1993 c.771 §10; 1995 c.42 §31; 1995 c.754 §5; renumbered 545.137 in 1995]

545.028 [Amended by 1967 c.609 §5; 1979 c.190 §427; 1995 c.42 §32; renumbered 545.139 in 1995]

545.029 Hearing of petition by county court; authority as to boundaries of district; lands included; order; formation of district without election

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 boun…

545.030 [Amended by 1993 c.771 §11; 1995 c.42 §33; 1995 c.607 §85; 1995 c.754 §6; renumbered 545.141 in 1995]

545.032 [Amended by 1995 c.42 §34; 1995 c.754 §7; renumbered 545.145 in 1995]

545.033 Naming and division of districts

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…

545.034 [Amended by 1995 c.42 §35; renumbered 545.149 in 1995]

545.036 [Amended by 1995 c.42 §36; renumbered 545.153 in 1995]

545.037 Notice of election for determining organization of district; contents; publication; mailing

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 t…

545.038 [Amended by 1979 c.562 §18; 1995 c.42 §37; renumbered 545.156 in 1995]

545.040 [Repealed by 1995 c.42 §184]

545.041 Conduct of election; contents of nominating petition; verification of electors by county assessor; order declaring result; inclusion of portion of district in another district; commencement of duties by directors

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 a ballot and vote, as nearly as prac…

545.043 Qualifications of directors; terms of office; oath

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 b…

545.045 [1993 c.771 §2; 1995 c.42 §38; 1995 c.607 §86; renumbered 545.163 in 1995]

CHANGE OF DISTRICT BOUNDARIES (Generally)

545.051 Change of boundaries authorized; effect on existing rights and liabilities

The boundaries of any irrigation district organized under the Irrigation District Law may be changed in the manner prescribed in ORS 545.051 to 545.126. However, a change in the boundaries of a district shall not impair or affect its organization, its right in or to property or any of its other rights or privileges of whatever kind or nature. The change in t…

545.057 Petition for inclusion of lands within district

The holders of title, or evidence of title, representing a majority of the acreage of any body of land adjacent to the boundaries of any irrigation district may file with the board of directors of the district a written petition requesting that the body of land be included in the district. For purposes of this section, the body of land may include or consist…

545.059 Notice of petition; publication; deposit for costs

The secretary of the board of directors shall cause notice of the filing of the petition to be given and published once each week, for three successive weeks, in a newspaper published in the county where the office of the board is situated. The notice shall state the filing of the petition, the names of the petitioners, a description of the lands mentioned i…

545.061 Hearing on petition

The board of directors, at the time and place mentioned in the notice, or at some other time to which the hearing of the petition may adjourn, shall hear the petition and consider all objections to the petition presented in writing by any person, showing cause why the petition should not be granted. The failure of any person to object shall be taken as assen…

545.062 [Amended by 1969 c.345 §13; 1987 c.835 §1; 1995 c.42 §42; renumbered 545.181 in 1995]

545.064 [Amended by 1965 c.541 §2; 1995 c.42 §48; 1995 c.78 §1; renumbered 545.221 in 1995]

545.065 [1959 c.276 §2; 1993 c.392 §1; 1995 c.42 §63; renumbered 545.295 in 1995]

545.066 [Amended by 1957 c.128 §1; 1965 c.614 §1; 1971 c.403 §9; 1993 c.771 §12; renumbered 545.183 in 1995]

545.067 Liability of petitioners for obligations of district

Except as provided in ORS 545.075, the board of directors to whom the petition is presented may require as a condition precedent to the granting of the petition that the petitioners severally pay, contract to pay or become liable to the district for assessments for the payment of their pro rata share of all bonds and the interest thereon previously issued by…

545.068 [Amended by 1995 c.42 §43; renumbered 545.185 in 1995]

545.070 [Amended by 1965 c.332 §6; 1977 c.774 §26; 1979 c.286 §15; 1989 c.182 §7; 1995 c.42 §49; renumbered 545.225 in 1995]

545.071 Acceptance or rejection of petition; inclusion of land when owner objects

If the board of directors considers that it is not for the best interest of the district to include in the district the lands mentioned in the petition, the board, by order, shall reject the petition. However, if the board considers that it is for the best interest of the district that the lands or any part of the lands be included, the board may order that …

545.072 [Repealed by 1989 c.182 §49]

545.074 [Repealed by 1975 c.771 §33]

545.075 Requirements that may be imposed upon petitioners in western Oregon district; charges or assessments

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…

545.076 [Amended by 1995 c.42 §72; renumbered 545.343 in 1995]

545.078 [Amended by 1995 c.42 §73; renumbered 545.345 in 1995]

545.079 Recording of order including lands in district; effect of order; appeal

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 …

545.080 [Amended by 1995 c.42 §74; renumbered 545.347 in 1995]

545.081 [1993 c.771 §14; 1995 c.42 §50; renumbered 545.237 in 1995]

545.082 [Amended by 1995 c.42 §51; renumbered 545.239 in 1995]

545.084 [Amended by 1995 c.42 §52; renumbered 545.241 in 1995]

545.085 Record of petition; admissibility in evidence

Upon the filing of the copies of the order under ORS 545.079, the secretary shall record the petition for inclusion in the minutes of the board. The minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.

545.086 [Amended by 1995 c.42 §53; renumbered 545.245 in 1995]

545.088 [Amended by 1995 c.42 §54; renumbered 545.249 in 1995]

545.089 Redivision of district; election of directors

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, shal…

545.090 [Amended by 1995 c.42 §55; renumbered 545.253 in 1995]

545.091 Inclusion of lands not subject to charges of district

The boundaries of a district may for administrative convenience encompass lands that are not subject to the charges and assessments of the district, without regard to whether the lands are susceptible to irrigation. An owner whose land is within the boundaries of a district but is not subject to the charges and assessments of the district does not have the r…

545.092 [Repealed by 1969 c.344 §8]

(Subdistricts)

545.093 Creation of subdistricts; purpose; change in subdistrict boundaries

Subdistricts within an irrigation district may be created as provided in this section. 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 pro…

545.094 Engineering plan for improvements within subdistricts; notice; hearing; remonstrance

After the creation of a subdistrict, the board may develop an engineering plan for the improvements requested in the petition for the creation of the subdistrict or proposed by the board. The board may make an engineering plan for the subdistrict or may adopt as an engineering plan any plan made by any department or agency of the federal government or the St…

545.095 Charges or assessments for improvements within subdistrict

The cost of constructing, purchasing, operating, maintaining and improving the works described in an engineering plan for a subdistrict shall be charged to the owners of the lands, or assessed against the lands, benefited by the works in proportion to the benefits to be received by each tract of land. The charges or assessments shall be in addition to the re…

545.097 Exclusion of tracts; effect on status of district, rights and liabilities

The boundaries of any irrigation district organized under the Irrigation District Law may be changed, and tracts of land that were included within the boundaries of the district at or after its organization may be excluded from the district in the manner prescribed in ORS 545.097 to 545.126. However, a change of the boundaries of a district resulting from ex…

545.099 Petition for exclusion of lands from district; approval by board; payment of costs of exclusion

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 i…

545.101 Exclusion of subdivisions with three or more tracts on each acre of land; exceptions

When a subdivision is platted after September 13, 1975, under ORS 92.010 to 92.192, if the subdivision has three or more tracts on each acre of land within the subdivision, the subdivision shall be excluded and taken from the district pursuant to ORS 545.097 to 545.126 at the time that the plat is approved by the appropriate governing body. The exclusion pr…

545.102 [Amended by 1969 c.669 §13a; 1985 c.561 §8; 1995 c.42 §57; renumbered 545.271 in 1995]

545.104 [Amended by 1981 c.897 §60; 1995 c.42 §58; 1995 c.696 §27; renumbered 545.275 in 1995]

545.105 Assent of bondholders; acknowledgment; filing; recording

If there are outstanding bonds of the district at the time of the filing of the petition for exclusion, the holders of the bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion of the lands as may be excluded from the district by order of the board, may be excluded from th…

545.106 [Amended by 1995 c.42 §71; renumbered 545.335 in 1995]

545.108 [Amended by 1991 c.459 §423a; 1995 c.42 §107; renumbered 545.471 in 1995]

545.109 Recording minutes of board

When the board of directors excludes any lands from the district upon petition for exclusion, if the exclusion changes the boundaries of the district, the board shall make an entry in its minutes describing the boundaries of the district. For that purpose the board may have a survey made of such portions of the district as it considers necessary. A certified…

545.110 [Amended by 1995 c.42 §56; renumbered 545.257 in 1995]

545.112 [Amended by 1995 c.42 §64; renumbered 545.301 in 1995]

545.113 State agency to pay assessment and charges or to petition for exclusion

Every state agency acquiring land within the boundaries of an irrigation district shall: 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 File with the board of directors of the district a petition requesting that the land be excluded from the dist…

545.114 [Amended by 1995 c.42 §65; renumbered 545.303 in 1995]

545.116 [Amended by 1995 c.42 §66; renumbered 545.305 in 1995]

545.117 [Formerly 545.616; repealed by 1999 c.452 §30]

545.118 [Repealed by 1989 c.182 §49]

545.119 [1993 c.771 §15; renumbered 545.279 in 1995]

545.120 [Repealed by 1975 c.771 §33]

545.122 [Repealed by 1969 c.344 §8]

545.123 Redivision of district; election of director

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 m…

545.124 [Amended by 1995 c.42 §59; renumbered 545.283 in 1995]

545.126 Liability of excluded lands for district’s obligations

ORS 545.097 to 545.126 shall not operate to release any lands excluded from the district from any lien on the lands or any obligation to pay any valid outstanding bonds or other indebtedness of the district at the time of the filing of the petition for exclusion of the lands. The lands shall be held subject to the lien, and answerable and chargeable for the …

545.131 Union or merger of districts; petition; approval of board; election; indebtedness

An irrigation district may be merged and included within another irrigation district. The board of directors seeking merger shall present a petition showing the indebtedness of the district and its boundaries to the board of directors of the district in which it is desired to be included. The petition may be accepted or rejected by the latter board. If accep…

545.135 Elections subsequent to organization of district; election of directors

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 ye…

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

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 divisi…

545.139 Board of election; polls; ballots

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 oat…

545.141 Conduct of election; challenge and verification of qualifications of elector; counting ballots

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 a ballot and vote, as nearly as practicable, in the manner provided for absent electors in ORS chapter 253. A person who of…

545.142 [Amended by 1995 c.42 §79; renumbered 545.365 in 1995]

545.144 [Amended by 1989 c.182 §8; 1995 c.42 §80; renumbered 545.367 in 1995]

545.145 Certificate of vote; stringing of ballots; sealing of returns; delivery to board secretary; recount

As soon as all the votes are counted, a certificate shall be drawn up on each of the papers containing the tallies, or shall be attached to those papers. The certificate shall state the number of votes each candidate has received and shall designate the office for which the person was a candidate. The number of votes stated on the certificate shall be writte…

545.146 [Amended by 1995 c.42 §81; renumbered 545.369 in 1995]

545.148 [Amended by 1995 c.42 §82; renumbered 545.371 in 1995]

545.149 Canvass of returns; standard for rejecting certain election documents; canvass to be in public

A list, tally paper or certificate returned from any election shall not be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors shall meet at its usual place of meeting on the first Monday after each election to canvass the returns. If, at the time of meeting, the returns of each precinct in which polls have b…

545.150 [Amended by 1989 c.182 §9; 1995 c.42 §83; renumbered 545.373 in 1995]

545.152 [Amended by 1989 c.182 §10; 1995 c.42 §84; renumbered 545.375 in 1995]

545.153 Statement of result; contents; certificate of election; effect of informalities in conduct of election

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: The whole number of votes cast in the district and in each division of the district. The names of the persons voted for. The office for which each person received votes. The number of vote…

545.154 [Amended by 1989 c.182 §11; repealed by 1993 c.771 §20]

545.156 [Formerly 545.038; repealed by 1999 c.452 §30]

(Elections by Mail)

545.163 Procedures for conducting election by mail

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. At an election by mail held for the purpose of electing a person to the board of directors, the qualifications for a director are th…

545.167 Division of district for election of directors; procedure

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: In the judgment of the board it is necessary or beneficial to the welfare of the district; or There is filed with the board a petition that has been signed by a number of electors of the district equal in number…

545.169 Election of directors from newly created divisions

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. If there are two divisions without representation, then a director shall be elected at…

545.171 Election precincts in divisions; alteration

For the purpose of elections in such district, the board of directors must establish a convenient number of election precincts in the divisions and define the boundaries of the precincts. An entire subdivision of a district may be designated as a single election precinct. For purposes of conducting an election, the board may designate a place that is within …

545.172 [Amended by 1995 c.42 §75; renumbered 545.349 in 1995]

545.174 [Amended by 1995 c.42 §76; renumbered 545.351 in 1995]

545.176 [Amended by 1973 c.305 §16; 1995 c.42 §77; renumbered 545.355 in 1995]

545.178 [Amended by 1965 c.541 §1; 1995 c.42 §78; 1995 c.212 §3; renumbered 545.359 in 1995]

BOARD OF DIRECTORS (Organization)

545.181 Organization of board; officers; establishment of meeting dates; collection, custody and disbursement of moneys

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: Elect a president from among the directors and appoint a secretary, who may be a director or the manager of the district. Establish the…

545.183 Compensation and expenses of officers and employees; membership fees in associations

The board shall fix the compensation to be paid to the other officers and employees of the district. The board may pay, from the funds of the district, annual membership fees and assessments to irrigation, drainage or water users’ associations.

545.185 Meetings of board; quorum; public inspection of records

The board of directors shall hold a regular monthly meeting in its office. The time of the regular monthly meeting shall be fixed by resolution of the board at the regular annual organizational meeting required by ORS 545.181. Special meetings required for the proper transaction of business may be held when called by the president or ordered by a majority of…

545.187 Vacancy in office when director ceases to be resident or landowner; appointment of successor

If a director of an irrigation district ceases to be a resident of the State of Oregon or ceases to be an owner, or a shareholder of a corporate owner, of land that is subject to the charges or assessments of the district situated in the division from which the director was elected or appointed, the position of the director becomes vacant. The vacancy must b…

545.188 Filling vacancy in office of director

If the office of director of a board of directors of an irrigation district becomes vacant for any reason, notwithstanding ORS 198.320, the remaining directors on the board shall: If the district has been divided, appoint a resident of the State of Oregon who is a bona fide owner, or a shareholder of a bona fide corporate owner, of land situated in the divi…

545.189 Recall of director; procedure; required number of signatures for recall petition

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: Fifteen percent of the total number of votes …

545.192 [Amended by 1983 c.557 §1; 1995 c.42 §124; renumbered 545.511 in 1995]

545.194 [Amended by 1983 c.557 §2; 1995 c.42 §125; 1995 c.212 §1; renumbered 545.513 in 1995]

545.196 [Amended by 1969 c.694 §25; 1981 c.94 §43; 1983 c.557 §3; 1995 c.42 §126; renumbered 545.515 in 1995]

545.198 [Amended by 1981 c.94 §44; 1995 c.42 §127; renumbered 545.517 in 1995]

(Change in Number of Directors)

545.199 Increase in number of directors upon determination of board or petition; election on increase

An irrigation district may increase the number of its board of directors from three to five members when: In the judgment of the board of directors, it is necessary or beneficial to the welfare of the district; or Fifty or more qualified electors within the district file with the board a petition requesting an election for the purpose of increasing the num…

545.200 [Repealed by 1969 c.345 §20]

545.202 [Amended by 1983 c.557 §4; 1995 c.42 §128; renumbered 545.519 in 1995]

545.203 Election of additional directors; terms of office

Upon canvass of the returns, as provided in ORS 545.149, if there is any change voted, the person receiving the highest number of votes for the office of director at the election shall serve as director of the district at large for a three-year term that shall be considered to have started on the first Tuesday in January that next followed the last previous …

545.204 [Amended by 1983 c.557 §5; 1993 c.97 §17; 1995 c.42 §130; renumbered 545.529 in 1995]

545.206 [Amended by 1983 c.557 §6; 1995 c.42 §131; renumbered 545.532 in 1995]

545.207 Redivision of district upon increase in directors; representation of divisions; voting qualifications

Upon an increase of the number of directors from three to five, the board shall divide the total acreage of the district that is subject to assessment or charges by the district, into five divisions. Each division shall be as nearly equal in total acreage as may be practicable. In addition, the board shall define and particularly describe division boundaries…

545.208 [Amended by 1983 c.557 §7; 1995 c.42 §132; renumbered 545.535 in 1995]

545.210 [Amended by 1995 c.42 §133; renumbered 545.537 in 1995]

545.211 Decrease in number of directors; redivision of district; terms of office

The number of directors may be decreased to three substantially in the same manner as that provided for the increase of directors. When the number of directors is decreased, the board shall redivide the district into three divisions. The existing board shall continue in office until the expiration or other termination of their terms. Successors shall be appo…

545.212 [Amended by 1969 c.694 §26; 1983 c.557 §8; 1995 c.42 §134; renumbered 545.539 in 1995]

545.214 [Amended by 1969 c.694 §27; 1995 c.42 §135; renumbered 545.541 in 1995]

545.216 [Amended by 1989 c.182 §12; 1995 c.42 §136; renumbered 545.545 in 1995]

545.218 [Amended by 1995 c.42 §129; renumbered 545.521 in 1995]

545.220 [Repealed by 1995 c.42 §184]

(General Powers and Duties)

545.221 Powers and duties of board as to management of district; water deliveries

The board shall: Manage and conduct the business and affairs of the district. Make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties. Establish equitable bylaws, rules and regulations for the administration of the district and for the distribution and use of water amo…

545.222 [Amended by 1979 c.562 §19; repealed by 1995 c.42 §184]

545.224 [Amended by 1983 c.557 §9; 1995 c.42 §67; renumbered 545.307 in 1995]

545.225 Contracts; conveyances; suits; judicial knowledge concerning district; audit reports

The board of directors may: 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. Institute and maintain all actions and proceedings, suits at law or in equity necessary or prop…

545.226 [Repealed by 1989 c.182 §49]

545.228 [1967 c.503 §4; 1993 c.771 §18; renumbered 545.551 in 1995]

545.230 [1967 c.503 §5; 1995 c.42 §137; renumbered 545.553 in 1995]

545.232 [1967 c.503 §6; 1995 c.42 §138; 1995 c.212 §4; renumbered 545.555 in 1995]

545.234 [1967 c.503 §7; 1995 c.42 §139; 1995 c.79 §305; renumbered 545.557 in 1995]

545.236 [1967 c.503 §8; 1995 c.42 §140; renumbered 545.559 in 1995]

POWERS OF DISTRICTS (Acquisition of and Entry Onto Land)

545.237 Right to enter upon lands for inspection and maintenance of water works

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 la…

545.239 Right to enter upon and acquire lands and water rights; right of condemnation

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 t…

545.241 Bond or other security as condition of immediate possession in condemnation by irrigation or drainage district

Prior to any party, officer or agent of an irrigation or drainage district entering upon any land sought to be condemned, the district shall furnish to the landowner an undertaking, either by surety bond, personal bond, cash or other security, in an amount sufficient to indemnify the landowner for the value of the land sought to be condemned, together with a…

545.242 [Amended by 1989 c.182 §13; 1995 c.42 §141; renumbered 545.565 in 1995]

545.244 [Amended by 1995 c.42 §142; renumbered 545.567 in 1995]

545.245 Right to immediate possession in condemnation proceeding

At any time after the board of directors of an irrigation district or board of supervisors of a drainage district has commenced proceedings to acquire title to any land necessary for rights of way, or for construction, alteration, repair or reservoir purposes, the district may enter into possession of the land and begin such work as may be necessary to the d…

545.246 [Amended by 1995 c.42 §143; renumbered 545.569 in 1995]

545.248 [Amended by 1989 c.182 §14; 1995 c.42 §144; renumbered 545.571 in 1995]

545.249 Right to condemn for irrigation purposes is a superior right

The use of all water required for the irrigation of the lands of any district formed under the Irrigation District Law, together with all water rights and rights to appropriate water, rights of way for canals and ditches, sites for reservoirs, and all other property required in fully carrying out the Irrigation District Law, is declared to be a public use mo…

545.250 [Amended by 1995 c.42 §145; renumbered 545.573 in 1995]

545.252 [Amended by 1989 c.182 §15; 1995 c.42 §146; renumbered 545.575 in 1995]

545.253 Title to and rights in property acquired

The legal title to all property acquired under ORS 545.239, 545.241, 545.245 and 545.249 shall immediately vest in the irrigation district and shall be held by it in trust for and hereby is dedicated and set apart to the uses and purposes set forth in the Irrigation District Law. The board is authorized and empowered to hold, use, acquire, manage, occupy, po…

545.254 [Amended by 1979 c.562 §20; 1989 c.182 §16; 1995 c.42 §147; 1995 c.79 §306; renumbered 545.577 in 1995]

545.256 [Amended by 1979 c.284 §167; 1981 c.178 §16; 1995 c.42 §148; renumbered 545.579 in 1995]

545.257 Authority of irrigation district to acquire domestic or municipal water works; assumption of obligations; sale of surplus water; impairment of irrigation service forbidden

When an irrigation district is authorized by the electors of the district as provided in ORS 545.305 and when it appears necessary, proper or beneficial to its inhabitants, the irrigation district may: Acquire by gift, lease, purchase, condemnation or other legal means, domestic and municipal water works or water systems, and property incident to the works …

545.258 [Amended by 1995 c.42 §149; renumbered 545.581 in 1995]

545.260 [Amended by 1969 c.694 §28; 1981 c.94 §45; 1989 c.182 §17; 1995 c.42 §150; renumbered 545.585 in 1995]

545.262 [Amended by 1995 c.42 §151; renumbered 545.589 in 1995]

545.264 [Amended by 1995 c.42 §152; renumbered 545.595 in 1995]

545.266 [Amended by 1995 c.42 §153; renumbered 545.599 in 1995]

545.268 [Amended by 1995 c.42 §154; renumbered 545.603 in 1995]

545.270 [Amended by 1969 c.694 §29; 1995 c.42 §155; renumbered 545.607 in 1995]

(Distribution of Water)

545.271 Furnishing water

Upon receiving proper compensation, an irrigation district may provide for and furnish water for lands not included within the district and for lands within the district but not subject to assessment by the district. An irrigation district may acquire, assume or exercise any rights, property, powers or obligations of a contractor with the state under the Car…

545.272 [Amended by 1995 c.42 §156; renumbered 545.617 in 1995]

545.274 [Amended by 1989 c.182 §18; 1995 c.42 §157; renumbered 545.621 in 1995]

545.275 Lien on crops for water supplied for irrigation; enforcement; attorney fees

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 b…

545.276 [Renumbered 545.625 in 1995]

545.278 [Amended by 1995 c.42 §158; renumbered 545.629 in 1995]

545.279 District may require water control devices and measuring devices; notice to water user; objections; hearing

The board of directors may require a water user of the district: 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 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…

545.280 [Amended by 1989 c.182 §19; 1995 c.42 §159; renumbered 545.631 in 1995]

545.282 [Amended by 1995 c.42 §160; renumbered 545.633 in 1995]

545.283 Joinder of districts in acquisition or construction of irrigation or other water use works

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, distr…

545.284 [Amended by 1989 c.182 §20; 1995 c.42 §161; renumbered 545.635 in 1995]

545.286 [Amended by 1989 c.182 §21; 1995 c.42 §162; renumbered 545.637 in 1995]

545.287 Directors may construct or maintain improvements, levy assessments or provide for charges

This section applies: 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 When improvements for the distribution or delivery of water to any tract of land are n…

545.288 [Amended by 1979 c.562 §22; 1995 c.42 §163; renumbered 545.639 in 1995]

545.290 [Repealed by 1995 c.42 §184]

545.291 Apportionment of water to tracts; employment of person to distribute water; assessment or charge; lien on land

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.…

545.293 Resolution for water distribution works or services; hearing of objections; construction, repair or maintenance of improvement; apportionment of costs; assessment

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 reso…

545.295 Conditions required in certain districts before delivering water to additional lands; order; charges and assessments

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 irrigate…

545.301 Financing acquisition of water works; contracts with federal government; approval by electors

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 o…

545.303 Water works system to be self-sustaining; payment of indebtedness; rates; separate accounts

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 who…

545.305 Election concerning acquisition of water works

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 con…

545.307 Investment of surplus funds in federal or state bonds

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…

545.312 [Amended by 1995 c.42 §164; renumbered 545.643 in 1995]

545.314 [Amended by 1989 c.182 §22; 1995 c.42 §165; renumbered 545.645 in 1995]

(Construction of Improvements)

545.315 Petition to construct improvements for irrigation; contents; assent of petitioners to assessment of cost of improvement

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. The petition shall contain: A gener…

545.316 [Amended by 1995 c.42 §166; renumbered 545.647 in 1995]

545.318 [Amended by 1995 c.42 §167; renumbered 545.649 in 1995]

545.319 Elections on question of constructing improvement; resolution of directors

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 boar…

545.320 [Amended by 1995 c.42 §168; renumbered 545.651 in 1995]

545.322 [Amended by 1989 c.182 §23; 1995 c.42 §169; renumbered 545.655 in 1995]

545.323 Majority of votes required to approve construction of improvement; cost; apportionment; assessment

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…

545.324 [Amended by 1989 c.182 §24; 1995 c.42 §170; renumbered 545.659 in 1995]

545.326 [Amended by 1979 c.562 §23; 1995 c.42 §171; renumbered 545.663 in 1995]

545.328 [Repealed by 1995 c.42 §184]

545.330 [Repealed by 1995 c.42 §184]

545.332 [Amended by 1989 c.182 §25; 1995 c.42 §172; renumbered 545.667 in 1995]

(Miscellaneous)

545.335 Drainage works; construction authorized; powers of districts; designation of bonds

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…

545.343 Obligations or contracts with United States under Reclamation Act; acquisition of federal lands

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 …

545.345 Conveyance of lands to United States

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.

545.347 Obligations or contracts with United States under Fact Finders’ Act

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 yea…

545.349 Authority to transfer land to federal government for development and colonization; repayment of expenditures; levy of assessments; funds; contracts with federal government

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 a…

545.351 Acquisition of lands from owners; crediting of value on charge against remainder of land

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 a…

545.352 [Amended by 1995 c.42 §173; renumbered 545.671 in 1995]

545.354 [Amended by 1995 c.42 §174; renumbered 545.673 in 1995]

545.355 Proceedings on extension or cancellation of payments due federal government

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 …

545.356 [Amended by 1995 c.42 §175; renumbered 545.675 in 1995]

545.358 [Amended by 1995 c.42 §176; renumbered 545.677 in 1995]

545.359 Contracts with federal government for flood control works

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 a…

545.360 [Amended by 1995 c.42 §177; renumbered 545.679 in 1995]

SALE OF DISTRICT PROPERTY

545.365 Disposition of real property acquired by district; sale to member of board or employee prohibited

Any 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 co…

545.367 Authorization of sale of property, excess water or hydroelectric power

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 bo…

545.369 Release of lien of bonds; form; acknowledgment by bondholders; copy of release as evidence

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 ack…

545.371 Consent of bondholders; notice requiring presentation of objections; implication of consent; hearing of objections by directors

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 …

545.373 Proceeds of sale; special fund; uses of moneys

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: 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 Sta…

545.375 Purchaser rights; power of directors respecting contracts and instruments relating to transfer

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. If the contracts or instruments are considere…

545.381 Annual assessments; computation of amount to be raised; apportionment; determination of acreage and assessments; credit for water rights

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 maintena…

545.382 [Amended by 1991 c.459 §423b; 1995 c.42 §92; renumbered 545.399 in 1995]

545.384 [Amended by 1995 c.42 §93; renumbered 545.401 in 1995]

545.385 Certain lands may be assessed at different amounts; additional service charge

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: Lies above the level of the canals or ditches of the district and is irrigated by pum…

545.387 Assessment on benefit basis; determination of benefits

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 …

545.389 Deduction for rights or property required by district; assessments pending construction

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 …

545.391 Assessments for contracts with United States

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 fede…

545.393 Resolution concerning assessments for payment to United States; publication; collection by county officers

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 wh…

545.395 Development of district by units; apportionment of assessments; inclusion of noncontiguous land; assessment of reclaimed or improved lands for district obligations

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, improvin…

545.397 Districts developed by units; validation

The reclamation, division, improvement and assessment of lands within any irrigation district in units, made before June 2, 1927, are hereby validated.

545.399 Contract with United States; annual assessments or direct billings

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…

545.401 Deposit of moneys in special fund; uses

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.

545.402 [Amended by 1995 c.42 §68; renumbered 545.315 in 1995]

545.404 [Amended by 1995 c.42 §69; renumbered 545.319 in 1995]

545.406 [Amended by 1995 c.42 §70; renumbered 545.323 in 1995]

545.408 [Amended by 1969 c.124 §1; 1995 c.42 §60; renumbered 545.287 in 1995]

545.410 [Amended by 1969 c.124 §2; 1995 c.42 §61; renumbered 545.291 in 1995]

545.412 [Amended by 1969 c.124 §3; 1995 c.42 §62; renumbered 545.293 in 1995]

(Assessment Procedure)

545.413 Record of assessments and apportionments; error in description; evidence

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 …

545.414 [Amended by 1969 c.124 §4; repealed by 1993 c.771 §20]

545.416 Equalization of assessment and apportionment of taxes; notice of time of meeting of board; public inspection of list

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 se…

545.418 Meeting of board; duration; hearing and determination of objections to assessments and apportionment; changes

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…

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

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 t…

545.422 Nonperformance by board; assessment, levy and equalization by county court

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 m…

545.424 Validation of assessments; defective entry on assessment roll; lands partly outside district

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 asse…

545.426 Misnomer or mistake relating to ownership not to affect sale

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.

545.428 Collection of assessments by board secretary; purpose; treatment of unpaid assessments

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 co…

545.430 Objections by bondholders; payment from funds otherwise obtained

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…

545.432 [Amended by 1969 c.694 §30; 1995 c.42 §85; renumbered 545.381 in 1995]

545.433 [1955 c.36; §2; 1961 c.388 §1; 1989 c.182 §26; 1995 c.42 §86; renumbered 545.385 in 1995]

545.434 [Amended by 1989 c.182 §27; 1995 c.42 §87; renumbered 545.387 in 1995]

545.436 [Amended by 1995 c.42 §88; renumbered 545.389 in 1995]

545.438 [Amended by 1995 c.42 §89; renumbered 545.391 in 1995]

545.440 [Amended by 1995 c.42 §94; renumbered 545.413 in 1995]

545.442 [Amended by 1995 c.42 §90; renumbered 545.393 in 1995]

545.444 [Amended by 1989 c.182 §28; 1995 c.42 §91; renumbered 545.395 in 1995]

545.446 [Renumbered 545.397 in 1995]

545.448 [Amended by 1987 c.835 §2; 1995 c.42 §95; renumbered 545.416 in 1995]

545.450 [Amended by 1987 c.835 §3; 1995 c.42 §96; renumbered 545.418 in 1995]

545.452 [Amended by 1955 c.93 §1; 1973 c.305 §17; 1991 c.459 §424; 1995 c.42 §97; renumbered 545.420 in 1995]

545.454 [Amended by 1995 c.42 §98; renumbered 545.422 in 1995]

545.456 [Amended by 1995 c.42 §99; renumbered 545.424 in 1995]

545.458 [Renumbered 545.426 in 1995]

(Unpaid Assessments)

545.460 Withholding water while assessments are unpaid; accepting security for payment of 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 se…

545.462 Cancellation or compromise of assessment liens on lands acquired by county for taxes

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.

545.464 Order to tax collector to cancel or change liens; correction of delinquent tax rolls

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 or…

545.466 Effect of ORS 545.462 and 545.464 on existing laws

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. (Exemptions)

545.468 Exemption of parcel of land from payment of charge or assessment; qualification of owner of excluded parcel as district elector

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: The parcel of land is unable to receive water from the district for irrigation or domestic use and the p…

545.471 Charges for water supply; rates; collections and disbursements; basis of charges

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 pr…

545.473 Districts providing for collection of charges by board secretary; levy of percentage of annual rates

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…

545.475 Lands subject to assessment

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.

545.477 Collection of charges; acceptance of district warrants; disposal of moneys collected

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…

545.479 Provisions not exclusive nor operative to relieve district of duty respecting obligations

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. ALTERNATIVE METHOD OF COLLECTING INCURRED CHARGES

545.482 Authorization of method for billing and collecting incurred charges

The 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 t…

545.484 Computation of amount to be raised; apportionment of charges; fixing due date and delinquency date; fee for other services

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 Dist…

545.486 [Amended by 1971 c.46 §1; repealed by 1991 c.459 §423s]

545.487 Pressurization charge; application to certain lands; apportionment

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 unde…

545.488 [Amended by 1989 c.182 §29; repealed by 1991 c.459 §423s]

545.490 [Repealed by 1991 c.459 §423s]

545.492 [Repealed by 1991 c.459 §423s]

545.494 Unpaid charge as lien on land; priority respecting other liens and claims

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…

545.496 Collection of incurred charges; withholding of water until payment; interest on unpaid charges

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. If an incurred charge, or any install…

545.498 Surety bond to be given by board secretary prior to handling district funds

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 t…

545.500 [Amended by 1991 c.459 §423i; 1995 c.42 §118; repealed by 2001 c.476 §11]

545.502 Foreclosure; procedure; redemption after sale; attorney fees

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 f…

545.504 Redemption of land upon or prior to foreclosure sale

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 …

545.506 Payment of taxes by district; amount paid added to lien

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 the amount paid to the lien of the district against the tract.

545.507 Borrowing for payment of operation and maintenance costs

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: Borrow moneys for payment of its operation and maintenance costs and expenses in an amount not to exceed 50 percent of the operati…

545.508 Moneys collected; deposit; separation of funds; disbursements

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…

545.511 Authorization of bonds, including refunding bonds; contract with state or with United States; election; notice

Upon order of the board of directors entered in the records of the board, an election shall be held to determine: 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 Except when an election is not re…

545.513 Resubmission of questions to electors; contracts not requiring vote

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 quest…

545.515 Bonds; interest included in authorized amount

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.

545.517 Bonds securing payments to United States

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 di…

545.519 Issuance of bonds; cancellation of bonds

Bonds shall be issued in accordance with ORS chapter 287A. 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. The board by resolution entered on its records may cancel any bonds of the district that have not been sold or deposited as security for funds advanced o…

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

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 bee…

545.522 [Amended by 1969 c.694 §31; 1991 c.459 §423o; 1995 c.42 §100; renumbered 545.428 in 1995]

545.524 [Amended by 1969 c.694 §32; 1995 c.42 §101; renumbered 545.430 in 1995]

545.526 [Repealed by 1969 c.345 §20]

(Bonds and Contracts as General Obligations)

545.529 Bonds and payments payable from assessments; liability of lands

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 un…

545.530 [1969 c.694 §33; see 545.526; repealed by 1971 c.36 §11]

545.532 Increase of assessments to meet defaults; property liable for indebtedness; possession of works upon default

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 Orego…

545.535 Lien against assessed lands; priority

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…

545.537 Sale of lands for delinquency; purchase by district

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 …

545.539 Bond sinking funds; other funds

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…

545.541 Retirement of bonds prior to maturity

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 …

545.542 [Amended by 1995 c.42 §108; renumbered 545.473 in 1995]

545.544 [Amended by 1995 c.42 §109; renumbered 545.475 in 1995]

545.545 Determination of liability of individual tracts for bonded indebtedness; acceptance of bonds and cash in payment

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 divi…

545.546 [Amended by 1995 c.42 §110; renumbered 545.477 in 1995]

545.548 [Amended by 1995 c.42 §111; renumbered 545.479 in 1995]

(Issuance of Bonds by Certain Districts)

545.551 Application of ORS 545.553 and 545.555

ORS 545.553 and 545.555 apply to an election to authorize the issuance of bonds by a district formed pursuant to a petition filed under ORS 545.025 (7).

545.553 Petition for election on authorization and issuance of bonds

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 shal…

545.555 Holding election; notice

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: The maximum time in which the bonds may mature shall be submitted to the voters; The notice of the election need not be posted but must be published at least once, not more than 10…

545.557 Bonds; maturities; reserves; interest; trustees

The Irrigation District Law applies to bonds authorized under ORS 545.553 and 545.555, except as otherwise provided by this section. The board of directors by resolution authorizing the issuance of all or part of a bond authorization may provide: The manner of the sale, public or otherwise, the denominations, the premiums if any for redemption prior to mat…

545.559 Bonds and coupons to be negotiable instruments

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.

545.562 [Amended by 1955 c.360 §1; 1995 c.42 §178; renumbered 545.683 in 1995]

545.563 [1955 c.286 §2; 1995 c.42 §179; renumbered 545.685 in 1995]

545.564 [Repealed by 1995 c.42 §184]

ALTERNATIVE METHOD OF ISSUING BONDS

545.565 Refunding bonds; procedure

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…

545.567 Determination of liability for assessment to pay bonds; determination on basis of irrigable area or benefits accrued

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 determinat…

545.569 Amounts paid to owners for property or rights

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 th…

545.571 Notice of determination; publication; contents

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. T…

545.573 Equalization of assessments; hearings

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 tota…

545.575 Order determining benefits; order of assessment; “benefit surplus” defined

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 ag…

545.577 Notice of proceedings; appeal to circuit court; notice and summons

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 dist…

545.579 Pleadings; trial; appeal; finality of assessment order

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. Upon the entry of a judgment, any person aggrieved by the judgment may appeal to the Court of Appeals in the …

545.581 Assessment installments

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.

545.582 [Amended by 1995 c.42 §10; 1995 c.78 §2; renumbered 545.051 in 1995]

545.584 [Amended by 1995 c.42 §11; renumbered 545.057 in 1995]

545.585 Bonds; issuance; purposes; form; amortization; maturities; negotiability; numbering; interest; denomination; registration; amount maturing annually; retirement

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…

545.586 [Amended by 1995 c.42 §12; renumbered 545.059 in 1995]

545.588 [Amended by 1995 c.42 §13; renumbered 545.061 in 1995]

545.589 Recording of assessments; bond lien docket; payment by bonds or coupons; interest on unpaid assessments; lien on land; priority

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 conside…

545.590 [Amended by 1959 c.276 §5; 1995 c.42 §14; renumbered 545.067 in 1995]

545.592 [Amended by 1995 c.42 §15; renumbered 545.071 in 1995]

545.593 [1959 c.276 §4; 1991 c.459 §423p; 1995 c.42 §16; renumbered 545.075 in 1995]

545.594 [Amended by 1995 c.42 §17; renumbered 545.079 in 1995]

545.595 Payment of assessment; relief from further assessment

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 …

545.596 [Amended by 1995 c.42 §18; renumbered 545.085 in 1995]

545.598 [Amended by 1995 c.42 §19; renumbered 545.089 in 1995]

545.599 Five-year additional assessment; emergency assessments; emergency fund

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 perce…

545.600 [Amended by 1959 c.276 §6; repealed by 1975 c.326 §5]

545.602 [Amended by 1993 c.392 §2; 1995 c.42 §20; renumbered 545.097 in 1995]

545.603 Entry on assessment roll; lien on land; collection; disposal of moneys collected; liability of land sold for taxes; exception

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…

545.604 [Amended by 1993 c.392 §3; 1995 c.42 §21; 1995 c.78 §3; renumbered 545.099 in 1995]

545.606 [Repealed by 1993 c.392 §6]

545.607 Retirement of bonds before maturity

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 …

545.608 [Repealed by 1993 c.392 §6]

545.610 [Amended by 1975 c.72 §1; 1991 c.459 §423q; repealed by 1993 c.392 §6]

545.611 [1975 c.293 §2; 1993 c.392 §4; 1995 c.42 §22; renumbered 545.101 in 1995]

545.612 [Amended by 1995 c.42 §23; renumbered 545.105 in 1995]

545.613 [1965 c.576 §2; 1975 c.72 §2; 1985 c.581 §1; repealed by 1991 c.459 §423s]

545.614 [Amended by 1995 c.42 §24; renumbered 545.109 in 1995]

545.615 [1965 c.576 §3; 1991 c.459 §423r; 1995 c.42 §25; renumbered 545.113 in 1995]

545.616 [Amended by 1993 c.392 §5; 1995 c.42 §26; renumbered 545.117 in 1995]

545.617 Sale of land for delinquent assessments; district as purchaser; payment of proceeds into emergency fund; purchase price paid by district

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 …

545.618 [Amended by 1995 c.42 §27; renumbered 545.123 in 1995]

545.620 [Amended by 1975 c.72 §3; 1995 c.42 §28; renumbered 545.126 in 1995]

545.621 Exchange of refunding bonds for outstanding indebtedness; exchange of interest certificates for bonds

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 bo…

545.622 [Amended by 1995 c.42 §29; renumbered 545.131 in 1995]

545.624 [Amended by 1985 c.581 §2; 1995 c.42 §39; renumbered 545.167 in 1995]

545.625 [Formerly 545.276; repealed by 1999 c.452 §30]

545.626 [Amended by 1995 c.42 §40; renumbered 545.169 in 1995]

545.628 [Amended by 1995 c.42 §41; renumbered 545.171 in 1995]

545.629 Declaration of intent to dispose of bonds; resolution; notice of sale; publication

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…

545.631 Consent of creditors to refunding of indebtedness

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…

545.633 Obtaining constructive consent of unknown or dissenting creditors; petition

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 se…

545.635 Notice of court proceeding to obtain constructive consent; effect of failure to file objection

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 discha…

545.637 Hearing on petition; judgment; trustee

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 j…

545.639 Nature of proceeding; appeal; nonprejudicial errors; costs

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…

545.643 Contract providing plan of liquidation; resolution; investigation by and approval of Water Resources Commission

An 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 b…

545.645 Terms of contract; parties; execution

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, …

545.647 Recording of contract; effective date; preeminence of contract with respect to rights and liabilities

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…

545.649 New contract in lieu of previous contract

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 …

545.651 Constructive consent of holders of outstanding indebtedness; procedure for obtaining consent; petition

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 pr…

545.652 [Repealed by 1973 c.415 §14]

545.654 [Repealed by 1973 c.415 §14]

545.655 Notice of petition and terms of contract; failure to file dissent; effect

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 mus…

545.656 [Repealed by 1973 c.415 §14]

545.658 [Repealed by 1973 c.415 §14]

545.659 Hearing on petition; judgment; trustee

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 …

545.660 [Repealed by 1973 c.415 §14]

545.662 [Repealed by 1973 c.415 §14]

545.663 Nature of proceeding; appeal; nonprejudicial errors; costs

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. T…

545.664 [Repealed by 1973 c.415 §14]

545.666 [Repealed by 1973 c.415 §14]

545.667 State Treasurer as depository

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. ADDITIONAL METHOD OF LIQUIDATING INDEBTEDNESS

545.671 Contract providing plan of liquidation; resolution of directors

Any 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…

545.673 Terms of contract

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 inter…

545.675 Parties to contract; execution

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: The irrigation district; and 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…

545.677 Election authorizing directors to enter into contract

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.

545.679 Recording of contract; effective date; preeminence of contract with respect to rights and liabilities

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…

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

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 i…

545.685 Establishing bank account for payment of labor and emergency expenses

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 thi…

545.990 [Repealed by 1969 c.344 §8]

CHAPTER 546 [Reserved for expansion] _______________