Chapter 545 — Chapter 545
394 sections in this chapter.
ORS 545.167 Division of district for election of directors; procedure. (1) 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
1.2K chars
(a) In the judgment of the board it is necessary or beneficial to the welfare of the district; or (b) There is filed with the board a petition that has been signed by a number of electors of the district equal in number to 20 percent of the votes cast at the last preceding electi…
ORS 545.169 Election of directors from newly created divisions. (1) 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
0.5K chars
(2) If there are two divisions without representation, then a director shall be elected at the district election next following the division of the district from the newly created division without representation on the board that contains the largest number of electors. The other…
ORS 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 a precinct, at the district office or at any other location within the district as the place where the election is to be held. The precincts may be changed from time to time as the board considers necessary. [Formerly 545.628; 1999 c.452 §18]
0.0K chars
[Repealed or reserved.]
ORS 545.172 [Amended by 1995 c.42 §75; renumbered 545.349 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.174 [Amended by 1995 c.42 §76; renumbered 545.351 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.176 [Amended by 1973 c.305 §16; 1995 c.42 §77; renumbered 545.355 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.178 [Amended by 1965 c.541 §1; 1995 c.42 §78; 1995 c.212 §3; renumbered 545.359 in 1995]
0.0K chars
BOARD OF DIRECTORS (Organization)
ORS 545.181 Organization of board; officers; establishment of meeting dates; collection, custody and disbursement of moneys. (1) 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
1.4K chars
(a) Elect a president from among the directors and appoint a secretary, who may be a director or the manager of the district. (b) Establish the time for regular monthly meetings of the board as required under ORS 545.185. (c) Establish, by resolution, the date of the next annual …
ORS 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. [Formerly 545.066]
0.0K chars
[Repealed or reserved.]
ORS 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 the board, by an order entered in the records of the board. Five days’ notice of the special meeting must be given by the secretary to each member not joining in the order. The order must specify the business to be transacted, and business other than that specified may not be transacted at the special meeting, unless all the members are present. All meetings of the board must be public, and a majority of the members shall constitute a quorum for the transaction of business. However, on all questions requiring a vote there shall be concurrence of a majority of the board. All records of the board shall be open to public inspection during business hours. [Formerly 545.068; 1999 c.452 §19; 2005 c.468 §2; 2005 c.469 §3]
0.0K chars
[Repealed or reserved.]
ORS 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 be filled as provided in ORS 545.188. [1995 c.754 §10; 2009 c.282 §3]
0.0K chars
[Repealed or reserved.]
ORS 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
1.1K chars
(1) 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 division to serve until the annual meeting next following an election to fill the vacancy. The electo…
ORS 545.189 Recall of director; procedure; required number of signatures for recall petition. (1) 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
0.4K chars
(a) Fifteen percent of the total number of votes that may be cast in an election for the director; or (b) Fifteen percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to…
ORS 545.192 [Amended by 1983 c.557 §1; 1995 c.42 §124; renumbered 545.511 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.194 [Amended by 1983 c.557 §2; 1995 c.42 §125; 1995 c.212 §1; renumbered 545.513 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 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]
0.0K chars
[Repealed or reserved.]
ORS 545.198 [Amended by 1981 c.94 §44; 1995 c.42 §127; renumbered 545.517 in 1995]
0.0K chars
(Change in Number of Directors)
ORS 545.199 Increase in number of directors upon determination of board or petition; election on increase. (1) An irrigation district may increase the number of its board of directors from three to five members when
0.8K chars
(a) In the judgment of the board of directors, it is necessary or beneficial to the welfare of the district; or (b) Fifty or more qualified electors within the district file with the board a petition requesting an election for the purpose of increasing the number of directors. (2…
ORS 545.200 [Repealed by 1969 c.345 §20]
0.0K chars
[Repealed or reserved.]
ORS 545.202 [Amended by 1983 c.557 §4; 1995 c.42 §128; renumbered 545.519 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 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 general election. The person receiving the next highest number of votes shall serve as director of the district at large for a term of two years that shall be considered to have started on the first Tuesday in January that next followed the last previous general election. [Formerly 545.020]
0.0K chars
[Repealed or reserved.]
ORS 545.204 [Amended by 1983 c.557 §5; 1993 c.97 §17; 1995 c.42 §130; renumbered 545.529 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.206 [Amended by 1983 c.557 §6; 1995 c.42 §131; renumbered 545.532 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 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 and make use, in so far as may be desirable, of such natural boundaries as may exist in the district. The divisions shall be numbered first, second, third, fourth and fifth. As the terms of the present members of the board of directors expire, one director who is a resident of Oregon and either a bona fide owner of land or a shareholder of a bona fide corporate owner of land situated in the division, shall be elected from each division as the representative of that division on the board of directors. Voting for director of each division shall be by qualified electors within the division. However, the qualified electors of any district may, by a majority vote, determine that voting for directors shall be by the qualified electors of the entire district. If an elector is an owner in two or more divisions and resides in one of them, the elector shall vote in the division of residence. If an elector is a nonresident of the district, the elector may choose to vote in any one division in which the elector is an owner of land. When a nonresident landowner chooses to vote in any one division, the landowner shall file with the secretary of the board a notice of the choice of division where the nonresident landowner chooses to vote. A nonresident landowner’s choice to vote in a certain division is permanent and remains permanent until the nonresident landowner’s ownership status changes in any way or until the nonresident landowner becomes a resident owner. [Formerly 545.022; 1999 c.452 §21]
0.0K chars
[Repealed or reserved.]
ORS 545.208 [Amended by 1983 c.557 §7; 1995 c.42 §132; renumbered 545.535 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.210 [Amended by 1995 c.42 §133; renumbered 545.537 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 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 appointed or elected only in divisions where representation will terminate with the term of a director. Directors shall thereafter be appointed or elected only as necessary to fulfill the requirements of the decrease in membership of the board, and so that the term of one director will expire each year. [Formerly 545.024]
0.0K chars
[Repealed or reserved.]
ORS 545.212 [Amended by 1969 c.694 §26; 1983 c.557 §8; 1995 c.42 §134; renumbered 545.539 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.214 [Amended by 1969 c.694 §27; 1995 c.42 §135; renumbered 545.541 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.216 [Amended by 1989 c.182 §12; 1995 c.42 §136; renumbered 545.545 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.218 [Amended by 1995 c.42 §129; renumbered 545.521 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.220 [Repealed by 1995 c.42 §184]
0.0K chars
(General Powers and Duties)
ORS 545.221 Powers and duties of board as to management of district; water deliveries. (1) The board shall
1.4K chars
(a) Manage and conduct the business and affairs of the district. (b) Make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties. (c) Establish equitable bylaws, rules and regulations for the admi…
ORS 545.222 [Amended by 1979 c.562 §19; repealed by 1995 c.42 §184]
0.0K chars
[Repealed or reserved.]
ORS 545.224 [Amended by 1983 c.557 §9; 1995 c.42 §67; renumbered 545.307 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.225 Contracts; conveyances; suits; judicial knowledge concerning district; audit reports. (1) The board of directors may
1.1K chars
(a) 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. (b) Institute and maintain all actions an…
ORS 545.226 [Repealed by 1989 c.182 §49]
0.0K chars
[Repealed or reserved.]
ORS 545.228 [1967 c.503 §4; 1993 c.771 §18; renumbered 545.551 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.230 [1967 c.503 §5; 1995 c.42 §137; renumbered 545.553 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.232 [1967 c.503 §6; 1995 c.42 §138; 1995 c.212 §4; renumbered 545.555 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.234 [1967 c.503 §7; 1995 c.42 §139; 1995 c.79 §305; renumbered 545.557 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.236 [1967 c.503 §8; 1995 c.42 §140; renumbered 545.559 in 1995]
0.1K chars
POWERS OF DISTRICTS (Acquisition of and Entry Onto Land)
ORS 545.237 Right to enter upon lands for inspection and maintenance of water works. (1) 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 land of the water user
0.6K chars
(2) Any person exercising the right of entry granted under this section shall not cause unnecessary damage to the property of the water user. The landowner shall not be responsible to the person or the district for any injury or damage to the person or district arising out of or …
ORS 545.239 Right to enter upon and acquire lands and water rights; right of condemnation. (1) 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 the right to acquire, by lease, purchase, condemnation or other legal means, all lands, water, water rights, rights of way, easements and other property, including canals and works and the whole of irrigation systems or projects constructed or being constructed by private owners, necessary for the construction, use, supply, maintenance, repair and improvement of any canals and works proposed to be constructed by the board. The board also has the right to so acquire lands, and all necessary appurtenances, for reservoirs, and the right to store water in constructed reservoirs, for the storage of needful waters, or for any other purpose reasonably necessary for the purposes of the district
0.6K chars
(2) In the acquisition of property under subsection (1) of this section, the district has the right to acquire by condemnation property already devoted to public use that is less necessary than the use for which it is required by the district, whether used for irrigation or any o…
ORS 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 all costs and attorney fees to which the landowner may be entitled. This undertaking shall be conditioned so that the district shall pay to the owner all damages, costs and attorney fees that the owner may suffer by reason of the entry, or which may be awarded to the owner by a jury upon a trial of the cause. [Formerly 545.084]
0.0K chars
[Repealed or reserved.]
ORS 545.242 [Amended by 1989 c.182 §13; 1995 c.42 §141; renumbered 545.565 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.244 [Amended by 1995 c.42 §142; renumbered 545.567 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 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 development of the district. [Formerly 545.086]
0.0K chars
[Repealed or reserved.]
ORS 545.246 [Amended by 1995 c.42 §143; renumbered 545.569 in 1995]
0.0K chars
[Repealed or reserved.]
ORS 545.248 [Amended by 1989 c.182 §14; 1995 c.42 §144; renumbered 545.571 in 1995]
0.0K chars
[Repealed or reserved.]