Chapter 552 Water Improvement Districts

552.005 [Repealed by 1955 c.707 §75]

552.010 [Repealed by 1955 c.707 §75]

GENERAL PROVISIONS

552.013 Definitions

As used in this chapter, except when the context requires otherwise: “County board” means the county court or the board of county commissioners of a county. “District” means a water improvement district proposed or created under this chapter. “District board” means the board of directors of a district. “Engineering plan” means the plans and specification…

552.015 [Amended by 1955 c.707 §71; renumbered 552.025]

552.020 [Repealed by 1969 c.168 §1]

552.025 [Formerly 552.015; repealed by 1969 c.168 §1]

552.105 [Repealed by 1969 c.168 §1]

ORGANIZATION OF DISTRICT

552.108 Creation of water improvement district; purposes; limitation

A water improvement district may be created as provided by this chapter for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining drainage, irrigation, and flood and surface water control works in order to prevent damage and destruction of life and property by floods, to improve the agricultural and other uses of lands and …

552.110 [Amended by 1955 c.707 §72; repealed by 1969 c.168 §1]

552.113 Water rights protected; minimum acreage requirement; withdrawal procedure for city or other special districts

This chapter shall not be construed to affect, amend or repeal any other law of Oregon or to affect or impair the vested rights of any person or public body as defined in ORS 174.109 to the use of water or rights in the use of water. A water improvement district formed under this chapter shall include not less than 1,000 acres of land. Lands located within …

552.115 [Repealed by 1969 c.168 §1]

552.118 Petition contents

In addition to other matters the petition for formation of a district shall include: An estimate of the acreage of land within the district and an estimate of the acreage within each county if the district is located in more than one county; and The maximum rate of any ad valorem tax, if any, that may be levied by the district as permitted by ORS 552.625.

552.120 [Amended by 1955 c.707 §73; repealed by 1969 c.168 §1]

552.123 [1969 c.606 §5; repealed by 1971 c.727 §203]

552.125 [Repealed by 1969 c.168 §1]

552.128 [1969 c.606 §6; repealed by 1971 c.727 §203]

552.130 [Repealed by 1955 c.707 §75]

552.133 Election on formation

If an election is called on the question of formation, it shall be held on a date specified in ORS 255.345. An order creating a district shall include the maximum rate of any ad valorem tax levy for the district.

552.135 [Repealed by 1969 c.168 §1]

552.138 Status of final order; time for protest

No final order creating a district shall be set aside, or annulled upon appeal or review, on account of any defect or irregularity in the petition asking for organization of the district, or notice of hearings thereon, which does not materially affect the substantial rights of an interested party. No proceeding may be maintained contesting the validity of t…

552.140 [Repealed by 1969 c.168 §1]

552.143 Proceedings to test validity of order or act of district board

In addition to the proceeding a district is authorized to bring under ORS 33.710 and 33.720, any landowner or elector of a district may bring a like proceeding in the circuit court of the county where the lands within the district, or the greater portion thereof, are situated, to determine the validity of any order or the performance of any act mentioned in …

552.145 [Repealed by 1969 c.168 §1]

552.150 [Repealed by 1969 c.168 §1]

552.155 [Repealed by 1969 c.168 §1]

552.160 [Repealed by 1969 c.168 §1]

552.165 [Repealed by 1969 c.168 §1]

552.170 [Repealed by 1969 c.168 §1]

552.175 [Repealed by 1969 c.168 §1]

552.180 [Repealed by 1969 c.168 §1]

552.185 [Repealed by 1969 c.168 §1]

552.205 [Repealed by 1969 c.168 §1]

BOARD OF DIRECTORS

552.208 Election of first board of directors; number; qualifications; terms; change of number of directors

Electors of a district shall elect a board of directors whose number shall be fixed at five, seven or nine by the county board at the proceedings on formation. Directors shall be owners of land within the district. The directors need not reside within the district. Each director shall be elected for a term of four years except the directors elected on creat…

552.210 [Repealed by 1969 c.168 §1]

552.213 [1969 c.606 §18; repealed by 1971 c.647 §149]

552.215 [Repealed by 1969 c.168 §1]

552.218 Organizational meeting; oath; officers; meetings

As soon as possible after an election of directors, the directors shall meet for the purpose of qualifying all persons elected as directors and for the purpose of electing officers of the district. Each director shall qualify by subscribing to an oath of office. The directors shall elect from their number a chairperson and vice chairperson and shall appoint…

552.220 [Repealed by 1969 c.168 §1]

552.223 Duties of district board

A district board shall: Manage and conduct the affairs of the district. Employ and appoint agents and employees, prescribe their duties and fix their compensation. Establish reasonable rules and regulations for the administration of the affairs of the district. Withhold deliveries of water to lands upon which there are delinquent assessments or charges. …

552.225 [Repealed by 1969 c.168 §1]

552.228 [1969 c.606 §27; repealed by 1971 c.268 §24]

552.230 [Repealed by 1969 c.168 §1]

552.235 [Repealed by 1969 c.168 §1]

552.240 [Repealed by 1969 c.168 §1]

552.245 [Repealed by 1969 c.168 §1]

552.250 [Repealed by 1969 c.168 §1]

552.255 [Repealed by 1969 c.168 §1]

552.260 [Repealed by 1969 c.168 §1]

552.265 [Repealed by 1969 c.168 §1]

552.270 [Repealed by 1969 c.168 §1]

552.275 [Repealed by 1969 c.168 §1]

552.280 [Repealed by 1969 c.168 §1]

552.285 [Repealed by 1969 c.168 §1]

POWERS OF DISTRICT

552.305 Powers of districts generally

A water improvement district has full power to carry out the objects of its creation and to that end may: Have and use a seal. Have perpetual succession. Sue and be sued in its own name. Acquire by condemnation, purchase, devise, gift or voluntary grant real and personal property or any interest therein, located inside or outside of the boundaries of the…

552.310 Condemnation

The right to condemn property, pursuant to ORS 552.305 (4), shall include property already devoted to public use, including city, state and county property, which is less necessary than the use for which it is required by the district. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the prov…

552.315 Right to enter and survey land

The district board, its officers, agents or employees shall have the right to enter upon any land in the manner provided by ORS 35.220 to make surveys for the purposes of the district.

552.320 Operation of water works and sale of water; conditions

A water improvement district may: Acquire, construct, reconstruct, equip, own, maintain, operate, sell, lease and dispose of domestic, industrial and municipal water works or systems and property and all appurtenances incident thereto. Furnish water for domestic, industrial and municipal uses to premises and inhabitants within the district, and in connecti…

552.325 Water charges; use of revenues; collection and enforcement

The district board shall fix charges for water furnished for domestic, industrial and municipal purposes so that the water system is self-sustaining. All indebtedness incurred in the acquisition, construction, maintenance, operation and disposition of the system shall be paid from the revenue collected and from the proceeds of the disposition of the whole or…

552.330 Water user regulations; enforcement; notice

A district may adopt and promulgate regulations concerning the use of water of the district. The district board may refuse to supply any building, place or premises with water when the user fails after five days’ written notice to comply with the regulations of the district. The written notice shall be by first-class mail or shall be posted in some conspicuo…

552.340 [1969 c.606 §28; repealed by 1987 c.185 §7]

552.345 User regulations; fees for use of facilities

A district shall have power: To make and enforce regulations governing the conduct of the users of the recreational facilities of the district. To prohibit any person violating any regulation from thereafter using the facilities of the district for such period as the board may determine. To establish and collect reasonable charges for the use of the facil…

552.350 Cooperation with the United States; water quality supervision subject to state authority

A district has the power: To cooperate with the United States in the manner provided by Congress for flood control, reclamation, conservation and allied purposes, such as recreation, in protecting the inhabitants, the land and other property within the district from the effects of a surplus or a deficiency of water when the cooperation of the district is be…

552.403 Watershed improvement plans; cooperation with Water Resources Commission

A district shall, within a reasonable time after formation, prepare broad, general plans of watershed improvement. The plan may be prepared in cooperation with the Water Resources Commission and shall conform to the state water resources policy declared by ORS 536.220. The plan also shall show existing and proposed works of the district and of other public …

552.405 [Repealed by 1969 c.168 §1]

552.408 District projects; engineering plans

Construction of district works may be undertaken on motion of the district board or when landowners of the district request the district board to do so. Upon initiation of a construction project, the district board shall obtain engineering plans for the project.

552.410 [Repealed by 1969 c.168 §1]

552.413 Engineering plans prepared by other agencies

In lieu of obtaining engineering plans as provided by ORS 552.408, the district board may adopt as an engineering plan, any plans meeting the requirements of this chapter made by an agency of the federal government or the state, or proposed as project work plans by a soil and water conservation district in which lands within the water improvement district ar…

552.415 [Repealed by 1969 c.168 §1]

552.418 Notice of engineering plan; hearing; objections of landowners; approval or disapproval of plan

Upon completion or adoption of the engineering plan, the district board shall cause notice to be given to the landowners that the plan, including the general report, may be inspected at the district office. The notice may be given by mail or by publication as the board determines. The notice shall fix a time and place for a hearing before the district board…

552.420 [Repealed by 1969 c.168 §1]

552.423 Advertising for bids on construction contract

After the approval of the engineering plan as provided by ORS 552.418 and before beginning the construction of any works, the district board shall give notice, by publication and otherwise, as it may consider advisable, calling for bids for the construction of such works, or any portion thereof.

552.425 [Repealed by 1969 c.168 §1]

552.428 Letting construction contract; contractor’s bond or letter of credit

After advertising for bids, the board shall let a contract for construction of the whole or any part of the project to the lowest responsible bidder; or the board may reject any or all bids and readvertise; or it may construct the project under its own superintendence. Good and sufficient bond, or an irrevocable letter of credit issued by an insured institut…

552.433 Chief engineer of district to superintend work

If the district has a chief engineer, the chief engineer shall be superintendent of all the works and improvements and shall, whenever required, and at least once each year, make a full report to the district board of all work done and improvements. The chief engineer shall make such suggestions and recommendations to the board as the chief engineer consider…

552.438 Construction on public land or right of way, or along watercourse

A district may construct works across or along any street or public highway, or over any lands which are property of this state, or any subdivision thereof. A district may construct its work across and along any stream of water or watercourse. Any works across or along any highway, road or street shall be constructed only with the permission of the Departme…

552.505 [Repealed by 1969 c.168 §1]

552.510 [Repealed by 1969 c.168 §1]

552.515 [Repealed by 1969 c.168 §1]

DISTRICT FINANCES

552.603 Financing construction, operation or maintenance of district works

The district board may, in accordance with the order approving an engineering plan adopted under ORS 552.418, finance the construction, operation or maintenance of district works by: Use of the revolving fund established under ORS 552.635. Assessments under ORS 552.608 and 552.613 against the benefited property in the district with or without issuance of i…

552.605 [Repealed by 1969 c.168 §1]

552.608 Assessment of cost of works against benefited land; hearing on proposed assessment

All or part of the cost of building, constructing, purchasing, operating, maintaining and improving the district works described in an engineering plan adopted under ORS 552.408 or 552.413 may be assessed against the lands to be benefited by the works. The district board shall determine the portion of the cost, if any, that is to be paid from the general fun…

552.610 [Repealed by 1969 c.168 §1]

552.613 Improvement bonds

If any portion of the cost of a district works is assessed against the property directly benefited, the district board may issue improvement bonds in the total amount of the valid applications it has received to pay assessments in installments as provided by ORS 223.205 and 223.210 to 223.295.

552.615 [Repealed by 1969 c.168 §1]

552.618 Effect of irrigation contract

No tract of land shall be considered to be benefited by the construction, operation, maintenance or improvement of irrigation works unless the owner of such land enters into an irrigation contract with the district. The irrigation contract shall be in such form as shall be prescribed by the district. Upon being executed the contract may be filed for record a…

552.620 [Amended by 1955 c.707 §74; repealed by 1969 c.168 §1]

552.623 Ad valorem tax levy, collection, enforcement

Subject to ORS 552.625, a district may assess, levy and collect taxes each year on the assessed value of all taxable property within the limits of the district. The proceeds of the tax shall be applied in carrying out the purposes of this chapter. The district may annually also assess, levy and collect a tax without limitation upon all such property in an a…

552.624 Filing boundary change with county assessor and Department of Revenue

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.

552.625 Maximum rate of tax levy; procedure to change rate

Subject to subsection (2) of this section, a district shall not levy an ad valorem tax in any one year in excess of the maximum rate of levy authorized, which shall be stated in the petition for creation of the district, unless a change in the maximum rate is first approved by the electors. The rate of levy shall be stated in dollars and cents per thousand d…

552.630 Service and user charges

For the purpose of paying the costs of operation and maintenance of district works constructed under this chapter, the district board may by ordinance: Impose and collect service charges on the owners or occupants of property served by the works of the district. Impose and collect user charges, fees and tolls for use of works, facilities and services of th…

552.635 Levy to establish revolving fund; use of fund

For the purpose of establishing a revolving fund to provide money to finance the planning and construction of district works, a district board may levy an ad valorem tax of not to exceed in any one year three-twentieths of one percent (0.0015) of real market value of all taxable property within the district. The revenue derived from such taxes shall be credi…

552.645 General obligation bonds

For the purpose of carrying into effect any of the powers granted by this chapter, a district, when authorized at any properly called election held for the purpose, has the power to borrow money, and sell and dispose of general obligation bonds. Outstanding bonds shall never exceed in the aggregate two and one-half percent of the real market value of all tax…

552.655 Refunding bonds

Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the district board without submitting to the electors the question of authorizing the issuance of the bonds.

552.660 Process for issuance of bonds

All general obligation bonds, including refunding bonds, issued under ORS 552.645 to 552.660 shall be issued as prescribed in ORS chapter 287A.

552.670 Loan contracts with state or federal agencies

If authorized by its electors, a district may enter a loan contract with a state or federal agency. The loan contract shall be in such form and shall contain such terms as may be agreed upon by the agency and the district. The district may agree to levy assessments against each tract of land benefited, to do all acts and things necessary therefor, to assign …

552.710 Subdistrict procedure; authority

When a district has adopted a plan under ORS 552.403, subdistricts may be created as provided by this section. Proceedings to create subdistricts, located totally or partially within or outside of a district, may be initiated by a petition of the landowners within the subdistrict. Except as otherwise provided by this section, the petition shall fulfill the …

552.720 Dissolution of irrigation, drainage or water control district and transfer of assets and liabilities to water improvement district

Any district organized or operating under ORS chapter 545, 547 or 553 may dissolve and transfer its property and other assets and liabilities to a water improvement district which will undertake to furnish service to the inhabitants of the dissolving district. Except as provided by this section, dissolution, liquidation and transfer proceedings shall be con…

552.730 [1969 c.606 §11; repealed by 1971 c.647 §149]

552.740 Notice requirements

When notice is required by this chapter to be given by publication, the notice shall be published in a newspaper of general circulation in the district, or if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. Notice of a hearing to be held before the district board or the county board shall be …

552.750 Election laws applicable

ORS chapter 255 governs the following: The nomination and election of directors. The conduct of all district elections. The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. BOUNDARY CHANGES

552.810 Procedure for inclusion or exclusion of land in district

A petition for inclusion or exclusion of territory in a district may be filed without the approval of the district board indorsed on the petition. However, if the county board approves the petition and determines the boundaries, the district board shall call an election in the district for the purpose of submitting the proposal to the electors of the distric…