Oregon Revised Statutes
The persons shown by the records of the county to be the owners of 50 percent of the acreage in any contiguous body of swamp, wet or overflowed lands or irrigated lands, waters from which contribute to the swamp, wet or overflowed conditions of those or other lands, situated in one or more counties of the state, may form a drainage district for the purpose o…
For the purpose mentioned in ORS 547.005, the owners may prepare and sign a petition in which shall be stated: The name proposed for the district. The boundary lines of the district, or a description of all the lands included therein, with an allegation that such lands constitute a contiguous body of swamp, wet or overflowed lands, or irrigated lands the w…
The petition shall be verified by one or more of the petitioners to the effect that they have read the petition and believe the allegations to be true. It shall be filed in the office of the county clerk of the county in which the lands described are situated. If the lands are situated in more than one county it shall be filed in the office of the county cle…
Upon presentation of the petition, the county court shall fix the time and place for hearing the petition. Thereupon the clerk in whose office the petition was filed shall give notice in the following manner: The clerk shall cause notice to be published once each week for four consecutive weeks in some newspaper published in each county in which are situate…
On or before the date set for the hearing, any person objecting to the organization and incorporation of the district may appear and file a writing setting forth specifically and definitely any objections thereto.
At the hearing the court shall hear and consider any evidence that may be presented for or against the petition or any objection thereto. Thereupon the court shall make its findings upon the facts alleged in the petition or objections and any other facts necessary and proper for the determination of the propriety of the organization of the district, which f…
No operative statutory text appears at this designation in the selected edition.
All drainage districts organized before February 14, 1921, in pursuance of any law relating to drainage districts passed prior to the enactment of chapter 340, Oregon Laws 1915, shall have all the powers and be subject to all the provisions of the Drainage District Act, except in so far as the organization of the district is concerned.
Whenever any diking or drainage district is sought to be created and organized or is created and organized in the manner provided by law, within the boundaries of which are located any lands belonging to the state that have been acquired or used by or for any state institution described in ORS 179.321 or used for the Eastern Oregon State Training Center, the…
The signing of the petition by the Governor for the organization of a diking or drainage district on behalf of the state shall be deemed to constitute compliance with the provisions of ORS 547.005 to 547.015, and any previous such action by the Governor is hereby ratified and confirmed.
No action, suit or proceeding, under ORS 30.570 or otherwise, shall be maintained for the purpose of avoiding, setting aside or otherwise questioning or affecting the validity of the organization of any district organized under the Drainage District Act, unless such action, suit or proceeding is commenced within nine months from the date of the proclamation …
An activity of a drainage district is deemed to be an urban service, as defined in ORS 195.065, if the drainage district: Is located in a county that has a population greater than 700,000; and Operates a flood control project located within the urban growth boundary established by Metro or within the incorporated boundary of a city. As used in this sectio…
As used in this chapter, “Drainage District Act” means ORS 547.005 to 547.030, 547.057, 547.105 to 547.150, 547.205 to 547.240, 547.250 to 547.265, 547.310, 547.315, 547.455 to 547.475, and 547.555 to 547.580. DRAINAGE DISTRICTS MANAGING FEDERALLY AUTHORIZED FLOOD CONTROL PROJECTS
As used in ORS 547.063 to 547.083: “Flood control project” means a system or method, including, but not limited to, canals, ditches, dikes, levees, revetments and floodwalls, for: The control, diversion, conservation or abatement of floodwater, or of an excessive or unusual accumulation of water, in a natural or artificial body of water; or The protection…
Before a drainage district elects to exercise the powers and duties set forth in ORS 547.067, the board of supervisors shall hold a public hearing. At least 14 days before the date of the public hearing, the board shall give notice of the hearing in a newspaper of general circulation in the district and mail notice of the hearing to the owners of record, ba…
A drainage district may acquire, construct, reconstruct, repair, improve or extend improvements to carry out the purposes of the Drainage District Act. A drainage district in a county with a population greater than 700,000 persons may adopt ordinances consistent with sanitary, agricultural, public health or public safety purposes under ORS 198.510 to 198.60…
In a contiguous body of swamp, wet or overflowed land or irrigated land from which waters contribute to the swamp or to the wet or overflowed condition of the same or different land, the owners of record of at least 50 percent of the acreage may form a drainage district for the purpose of reclaiming and protecting the land by drainage, flood control or other…
The officers and employees of any drainage district may: Enter upon any land in the manner provided by ORS 35.220. Locate the necessary flood control project, drainage works or irrigation works, and the necessary branches for the same, on any lands that may be deemed best for such location. Acquire, either by lease, purchase, condemnation or other legal m…
The board of supervisors may: Build, construct and complete any works and improvements needed to carry out the plan of reclamation. In the name of the district, make all necessary water filings and appropriations of water for the subsequent irrigation of the lands within the district. Construct, operate and maintain irrigation works for the irrigation of …
The board of supervisors of any drainage district, whenever it is determined by the board that it is for the best interests of the district: May enter into a contract with the United States for the reclamation by drainage or irrigation of the lands within the boundaries of the district, under the provisions of the Act of Congress of June 17, 1902 (32 Stat. …
The board of supervisors of a drainage district lying west of the Cascade Mountains, whether or not organized under the Drainage District Act: Shall supervise and control flood control projects within the boundaries of their districts. May prescribe the width, grade and other specifications of flood control projects, drainage works or irrigation works desc…
Whenever the engineer or secretary of a drainage district notifies the supervisors that any flood control project is less efficient, by reason of the failure of the owner of the premises upon which it is situated to prevent obstructions, repair, clean or grade the same, the board of supervisors shall serve or cause to be served upon such owner, if the owner …
If the owner or occupant of the premises upon which the clogged or obstructed flood control project is situated fails for 10 days after being notified of the existence of the clogged or obstructed condition, to submit to the drainage district a plan and schedule to repair, clean or grade the flood control project or remove the obstruction therefrom, the boar…
Upon completion of the work the board of supervisors shall bill the owner or occupant of the premises for the expense necessarily incurred in the repair, grading or cleaning of the flood control project. If any charge remains unpaid beyond the due date thereof, the secretary of the district may file a notice of claim of lien with the county clerk of the cou…
Within 30 days after any drainage district has been organized under the provisions of the Drainage District Act, the county clerk of the county in which the petition was filed shall call a meeting of the owners of land situated in the district for the purpose of electing a board of supervisors with three or five supervisors as determined by the owners of lan…
In the same month of each year after the election of the first board of supervisors, the board shall call a meeting of the owners of land in the district. The board shall give notice in the manner provided for in ORS 547.105. The owners shall meet at the time and place fixed by the board and elect one or two supervisors in the manner prescribed in ORS 547.10…
At least six months prior to an annual meeting of a drainage district, the board of supervisors of the drainage district may change the number of supervisors elected to the board, effective at the next annual meeting, by a motion approved by the affirmative vote of a majority of the supervisors. If the board of supervisors acts under subsection (1) of this …
Each supervisor before entering upon official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that the supervisor will honestly, faithfully and impartially perform the duties devolving upon the supervisor in office as supervisor of the drainage district in which the supervisor was elected, and that the su…
The board of supervisors immediately after its election shall choose one of its number president of the board, and elect some suitable person secretary, who may or may not be a member of the board. The board shall adopt a seal with a suitable design, and shall keep a record of all its proceedings. The board shall report to the landowners at the annual meetin…
The secretary of the board of supervisors in any drainage district shall hold the office of treasurer of the district, except as otherwise provided in this chapter. The treasurer shall receipt for all moneys received by the treasurer and shall keep all funds received by the treasurer from any source deposited at all times in some insured institution or trus…
The board of supervisors of any district organized under the Drainage District Act shall cause to be kept a well-bound book, entitled “Record of Proceedings of Board of Supervisors of _____ District,” in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees, and any and all corporate acts, which record shall…
The board of supervisors may at any time remove any officer, attorney or other employee appointed or employed by the board.
The board of supervisors of any district organized under the provisions of the Drainage District Act shall, as soon as elected and qualified, impose a uniform charge of not more than $1 per acre upon the owner of each acre of land within the district, to be used for the purpose of paying expenses incurred or to be incurred in organizing the district, making …
No operative statutory text appears at this designation in the selected edition.
All claims against the district shall be paid by warrants drawn on the district treasurer and signed by the president and secretary of the board. When any warrant is not paid when presented to the treasurer because of lack of funds in the treasury, such fact shall be indorsed on the back of the warrant, and such warrant shall draw interest thereafter at the …
Within 30 days after organizing, the board of supervisors shall appoint a competent civil engineer as chief engineer, who may be an individual, partnership or corporation, and who shall engage such assistants as the board of supervisors may approve. The chief engineer shall: Have control of the engineering work in the district. Make all necessary surveys o…
The chief engineer shall make a report in writing to the board of supervisors whenever the board requires. Upon receipt of the final report of the engineer concerning surveys made of the lands contained in the district, and plans for reclaiming the same, the board shall adopt the report or any modification thereof approved by the chief engineer. The adopted …
Upon adoption of the plan for reclamation, the county judge shall, by order, appoint three commissioners (who shall not be landowners in the district nor of kin within the fourth degree of consanguinity to any person owning land in the district), one of whom shall be a civil engineer and two of whom shall be freeholders residing within the state. A majority …
The county clerk upon the filing of the order of appointment shall notify each commissioner of appointment by written or printed notice, and in the notice the county clerk shall state the time and place for the first meeting of the commissioners. The secretary of the board of supervisors shall attend the meeting, and shall furnish the commissioners a complet…
Within 30 days after qualifying, the commissioners shall begin their duties. The chief engineer shall accompany them at all times, and render an opinion in writing when called for. The commissioners shall proceed to view the premises and determine the value of all lands within or without the district to be acquired and used for rights of way, holding basins…
Upon the filing of the report of the commissioners, the county clerk shall give notice thereof by publication once a week for three consecutive weeks in some newspaper published in each county in the district. It shall not be necessary for the notice to name the parties interested. The notice shall be in small type, in substantially the following form: ____…
The drainage district or any owner of land in the district may file exceptions to the report or to any assessment of either benefits or damages, within 10 days after the last day of publication of the notice provided for in ORS 547.230. All exceptions shall be heard by the court and such amendments and modifications made to the report of the commissioners as…
If after determining the objections made to the commissioners’ report, the court finds that the estimated costs of works and improvements as reported by the commissioners, or as amended by the court, exceed the estimated benefits, the court shall then render a judgment, declaring the incorporation of the district to be dissolved as soon as all costs incurred…
At any time after the expiration of five years from the confirmation of the report of the commissioners, as provided by ORS 547.235, and upon the filing of a petition with the county clerk signed by at least one-tenth of the owners of the lands within the drainage district or the owners of at least one-tenth of the lands within such district, setting forth t…
The board of supervisors shall have power to make any change in the plan for reclamation by action of the board until such time as the commissioners have filed their report. After that all changes shall be made as follows: The board of supervisors, for and in behalf of the district, or the owners of land adjacent to the district, may file a petition in the …
Any owner of land located in the district, or any owner of land located outside of the district that will be affected by the proposed changes, amendments, and corrections enumerated in the petition, may file objections to the granting of the prayer of the petition, on or before the first day of the term of court at which the petition is to be heard. The cour…
If the judgment of the court provides that the plan for reclamation may be amended, changed or corrected or the boundary lines of the district extended, the court shall appoint three commissioners, possessing the same qualifications as the commissioners appointed under ORS 547.215, to appraise property to be taken, assess benefits and damages, and estimate t…
Where the works set out in the plan for reclamation of any drainage district are found insufficient to reclaim in whole or in part any or all of the land of the district, the board of supervisors may formulate new or amended plans containing new ditches, levees or other works, and additional assessments may be made in conformity with the provisions of ORS 54…
The officers and employees of any drainage district shall have the right to: Enter upon any land in the manner provided by ORS 35.220. Locate the necessary drainage or irrigation works and the necessary branches for the same, on any lands that may be deemed best for such location. Acquire, either by lease, purchase, condemnation or other legal means, all …
The board of supervisors shall have full power and authority to: Build, construct and complete any works and improvements needed to carry out the plan of reclamation. In the name of the district, make all necessary water filings and appropriations of water for the subsequent irrigation of the lands within the district. Construct, operate and maintain irri…
At the time of the construction in any district of the plan for reclamation, all ditches or systems of drainage already constructed in the district and all watercourses shall, if necessary to the drainage of any lands in the district, be connected with and made a part of the works and improvements of the plan of drainage of the district. But no ditches, drai…
Whenever it appears necessary, proper or beneficial to irrigate any of the lands within any drainage district, whether or not the drainage works have been actually acquired or constructed, the district may cause irrigation reservoirs, canals, ditches, and other works to be constructed, operated and maintained. To this end the district shall in all respects h…
Any drainage district embracing less than 1,000 acres may: Within and adjacent to the district, own, construct, install, contract to use and to receive service from, and buy and sell, wells, reservoirs, pumps, pipelines and other equipment used to supply water from wells for domestic purposes and for watering lawns and gardens. Buy and sell, deliver, suppl…
The board of supervisors of any drainage district, whenever it is determined by the board that it is for the best interests of the district, may enter into a contract with the United States for the reclamation by drainage or irrigation of the lands within the boundaries of the district, under the provisions of the Act of Congress of June 17, 1902 (32 Stat. 3…
The board of supervisors of any drainage district shall provide by a resolution, adopted at a regular meeting or at a special meeting called for that purpose, for the payment of the amounts to become due under such contract with the United States, according to the provisions of the contract, by assessment upon the lands which are to be benefited by the drain…
The boards of supervisors of all drainage districts lying west of the Cascade Mountains, whether or not organized under the Drainage District Act, shall have supervision and control of all drainage ditches, laterals, drains, canals, sloughs, waterways or conduits within the boundaries of their districts and may prescribe the width and grade thereof. They may…
Whenever the engineer or secretary of such a drainage district notifies the supervisors that any ditch, lateral, drain, canal, slough, waterway or conduit is less efficient, by reason of the failure of the owner of the premises upon which it is situated to repair, clean or grade the same, the board of supervisors shall serve or cause to be served upon such o…
If the owner or occupant of the premises upon which the clogged or obstructed ditch, lateral, drain, canal, slough, waterway or conduit is situated fails for 10 days after being notified of the existence of such clogged or obstructed condition, to repair, clean or grade the ditch, lateral, drain, canal, slough, waterway or conduit or remove the obstruction t…
Upon completion of the work the board of supervisors shall bill the owner or occupant of the premises for the expense necessarily incurred in the repair, grading or cleaning of the canal, ditch, lateral, drain, slough, waterway or conduit. If any charge remains unpaid beyond the due date thereof, the secretary of the district may file a notice of claim of l…
No person shall: Throw, dump or place or allow to be thrown, dumped or placed, any rubbish, refuse or any article or thing in any ditch, lateral, canal, slough, waterway or conduit used as a part of or in connection with any drainage works or drainage plant or drainage system or any waterway under the control of any drainage district lying west of the Casca…
Any person who throws, dumps or places or allows to be thrown, dumped or placed, any rubbish, refuse, or any article or thing in any such ditch, lateral, canal, slough, waterway or conduit shall, in addition to the penalty provided in ORS 547.990, also be liable to the owner of the ditch, lateral, canal, slough, waterway or conduit, or other person or distri…
The board of supervisors shall each year make a computation of the whole amount of money to be raised by the district through charges or assessments for the ensuing year for any purposes whatsoever in carrying out the provisions of the Drainage District Act, including maintenance and operation and estimated delinquencies on charges or assessments. This amoun…
Any land situated within a drainage district, the title to which is vested in any county, city or town, shall be subject to taxation, assessment or charge by the district. The full amount of taxes or assessments due against the land or the full amount of charges imposed upon the county, city or town shall be paid to the district at the same times and in the …
Whenever lands located in a drainage district which, because of their low elevation, were not assessed benefits in accordance with ORS 547.225, are used for growing crops, the board of supervisors may levy an annual assessment against the lands or may impose a charge upon the owners of the lands for maintenance and operation. The assessment or charge shall n…
When, in the judgment of the board of supervisors of any drainage district, it is deemed necessary or expedient to drain any lake, which entails extra or additional work in excess of that required in the drainage of lands of higher elevation and where the cost of maintenance and pumping to maintain drainage of such lake will be in excess of that necessary fo…
The board of supervisors shall prepare a list or record of assessments and apportionments, giving the description of the ownership or holdings of each person therein assessed, which shall be certified by the board in the manner provided in ORS 310.060 not later than June 15 of each year to the county assessor of each county in which lands of the district are…
The collection of the tax shall be coincident with collection of the state and county tax, and shall be governed by the laws relating thereto, except that the tax collector shall collect and account for the tax for operation and maintenance separate from the taxes levied by the district for other purposes. When paid to the county treasurer all taxes or asses…
For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. Note: 547.482 was added to and made a part of ORS chapter 547 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further …
In case of neglect or refusal of the board of supervisors to cause such assessment and levy to be made, the assessment and levy shall be made by the governing body of the county in which the office of the board of supervisors is situated, sitting for the transaction of county business, in the same manner that the court or board levies county taxes. The levy …
All drainage districts containing not more than 2,000 acres, organized under the provisions of the Drainage District Act, may waive payment of penalty or interest, or both, on district assessments. County tax collecting officers are authorized to collect and receipt for assessments levied by any such drainage district, waiving payment of penalty or interest,…
The board of supervisors of a drainage district may provide by resolution for the imposition, billing and collection of charges or assessments of the district in the manner provided under ORS 545.482, 545.484, and 545.494 to 545.508 for irrigation districts. The method of collecting district charges or assessments authorized by this section shall be in lieu …
All drainage districts organized pursuant to the provisions of the Drainage District Act shall have a lien on all crops grown on lands within such districts for that portion of the annual charges or assessments, levied against the lands on which the crops are grown, or imposed upon the owners or occupants of the land, that are for maintenance and operation o…
The board of supervisors of every drainage district which may elect to claim the benefits of ORS 547.495 to 547.515 shall file with the county clerk of the county in which the land is located, any time before the removal of the crop upon which a lien is desired, a statement verified by the oath of the secretary of the board or some person having knowledge of…
The county clerk shall record the claim in a book kept for that purpose. The record shall be indexed as the record of chattel mortgages is kept and indexed.
A claim for lien substantially in the following form shall be sufficient: ______________________________________________________________________________ NOTICE OF LIEN UPON CROPS Notice is given that_____, a drainage district organized under and pursuant to the provisions of ORS chapter 547, claims a lien upon that certain crop of _____ growing on the fol…
When such crops are removed from the county in which the notice of lien is recorded, the lien shall be suspended as to subsequent purchasers and mortgagees thereof in good faith and for a valuable consideration, from and after 30 days from the time of such removal, unless within 30 days from the time of such removal the notice of lien is recorded in the coun…
No operative statutory text appears at this designation in the selected edition.
The board of supervisors may, if in its judgment it seems best, and subject to the approval of the electors of the district, issue bonds of the district for any purpose necessary or convenient to carry out the provisions of the Drainage District Act, including refunding of outstanding bonds, in denominations of not less than $100, bearing interest from date …
The board of supervisors may sell, from time to time, the bonds which have been authorized, in such quantities as may be necessary and most advantageous. Before making any sale, the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of bonds and the day, hour and place of such sale, and shall cause notice thereof to be…
The bonds and the interest thereon and all obligations for the payment of money authorized and incurred by such district shall be general obligations of the district and shall be paid by the revenue derived from the annual assessments upon the real property within the district. All the real property within the district shall be liable to be assessed for such…
The treasurer shall account for and pay over as required by law and as ordered by the board, any money received by the treasurer on the sale of the bonds. If the board deems it more expedient, the board may, by resolution, select some suitable bank or other depository as temporary treasurer to receive the money derived from the sale of bonds, and to hold an…
The treasurer shall keep a bond fund account into which shall be covered all moneys arising from the sale of refunding bonds and sufficient money arising from assessment and levy to meet the next installment of principal and interest upon the bonds of the district. From the fund the treasurer shall pay the principal and interest on bonds as they mature and t…
After five years from the issuance of bonds, the board may direct the district treasurer to redeem so much of the bonds not yet due as surplus funds permit at the lowest value at which they may be offered for liquidation, or call bonds at a premium of three percent. Notwithstanding anything contained in ORS 547.555 to 547.580, the board may call for payment …
The board of trustees of any drainage or levee district having an outstanding indebtedness of not less than $3 per acre for each acre of land included in the district, evidenced by bonds or warrants of the district, may, if the board considers it for the best interests of the district, fund or refund the same or any part thereof and issue bonds of the distri…
The board of trustees shall sell or exchange the bonds so issued, on the best available terms, for any legal indebtedness of the district. If the sale is made for money, the proceeds shall be applied to the payment of liabilities existing against the district at that time. When the bonds are exchanged for bonds or warrants or other legal evidence of district…
The board of trustees shall cause to be assessed and levied each year upon the assessable property of the district, in addition to the levy authorized for other purposes, a sufficient sum to pay the interest on outstanding bonds issued in conformity with the provisions of ORS 547.605 to 547.620, accruing before the next annual levy, and such proportion of th…
Whenever there is in the sinking fund a surplus of $500 or more, over and above the interest maturing before the next levy, the district treasurer shall give notice for two weeks in one or more newspapers of general circulation printed and published in the county in which the district was first organized. The notice shall state the amount of such surplus and…
Any drainage district desiring to refund its outstanding indebtedness or issue bonds for any purposes may, in lieu of the procedure otherwise provided by law, elect to adopt the procedure provided by ORS 547.660 to 547.695.
The board of supervisors of any drainage district desiring to issue refunding bonds to replace or in satisfaction or discharge of any outstanding indebtedness may exchange such refunding bonds for the outstanding indebtedness in full compromise, satisfaction and discharge thereof, and shall issue the bonds in such denominations and in such amounts to the sev…
The bonds shall be numbered consecutively, beginning with number 1 and following in numerical order. They shall mature in the manner provided by ORS 547.660, in annual amounts of principal and interest approximately equal, in not less than five nor more than 40 years from the date of issue, as the board of supervisors may determine. They shall be negotiable …
Before authorizing the issuance of such bonds, the board of supervisors shall require that the known holders, or their representatives, of all evidences of indebtedness to be refunded, shall submit to the board for its acceptance an offer to deliver and surrender all such evidences of indebtedness in exchange for bonds not exceeding the amount of the claim o…
Upon delivery of the bonds, the secretary of the district shall furnish to the county clerk of each county in which lands of the district are situated: A certified copy of the resolution of the board authorizing the bonds, of the resolution of the board fixing the annual per acre payments to be made in payment of the principal and interest of the bonds, and…
In addition to the annual payments for retirement of the bonds, the board of supervisors shall, during the first five years after the issuance of the refunding bonds, levy an annual assessment of 20 cents per acre upon each acre within the district. Thereafter, whenever there is any default in payment of any assessment levied by the district or in any of the…
Notice of the call of bonds before maturity shall be given in the manner provided for retirement of irrigation district bonds before maturity. No bond issued under ORS 547.655 to 547.695 shall be called for payment before maturity except upon the day for payment of interest, or interest and principal, on the bond and on or after the day specified in the noti…
Bonds authorized and issued under ORS 547.655 to 547.685 may be confirmed by a court of competent jurisdiction in the manner provided by ORS 548.105 to 548.115.
The district shall appear as a bidder at the sale of any lands for delinquent annual charges or assessments made under ORS 547.655 to 547.690 or any other statute, and may purchase and take title to the lands and thereafter dispose of the same. On any sale by the district of lands so purchased, the proceeds, after payment of the expenses thereof, shall be pa…
The district treasurer shall deposit all money arising from the sale of refunding bonds, and sufficient money arising from assessment and levy to meet the next installment of principal and interest on the bonds of the district, in a bond fund separate from its general fund. From the bond fund the treasurer shall pay the principal on bonds as they mature and …
No part of a drainage district annexed to a city shall be withdrawn from the district, except upon the consent of the voters of that part of the district. The votes shall be counted in the same manner as in elections for officers of the district. If three-fourths of those voting in that part of the district favor withdrawal from the district the withdrawal i…
No operative statutory text appears at this designation in the selected edition.
Violation of ORS 547.425 is a Class C misdemeanor. _______________