Chapter 545 — Chapter 545

ORS 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 more necessary and more beneficial than any other use, either public or private, to which the water, water rights, rights to appropriate water, lands or other property have been or may be appropriated within the district. [Formerly 545.088]

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

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

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ORS 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, possess and dispose of the property as provided in the Irrigation District Law. The title acquired by an irrigation district under ORS 545.239, 545.241, 545.245 and 545.249 shall be the fee simple or such lesser estate as shall be designated in the judgment of appropriation. [Formerly 545.090; 2003 c.576 §497]

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ORS 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]

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

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ORS 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

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

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ORS 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]

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

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

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

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

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

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ORS 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 Carey Act and may be organized in lieu of a water users’ association required either by statute or contract. An irrigation district may provide for and furnish water for control of the temperature, humidity or other qualities of the atmospheric conditions pertaining to land otherwise irrigable under this chapter or under ORS chapter 552. [Formerly 545.102]

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

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

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ORS 545.275 Lien on crops for water supplied for irrigation; enforcement; attorney fees. (1) 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 be a continuing one and shall bind the crops after, as well as before, they have been gathered. The lien shall be preferred to all other liens or encumbrances upon the crops, except mortgages given to the state for the purchase of seed wheat

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ORS 545.276 [Renumbered 545.625 in 1995]

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

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ORS 545.279 District may require water control devices and measuring devices; notice to water user; objections; hearing. (1) The board of directors may require a water user of the district

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

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

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ORS 545.283 Joinder of districts in acquisition or construction of irrigation or other water use works. (1) 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, distributing, irrigating or draining of lands within the boundaries of the districts or other water users’ organizations. Subject to ORS 545.257, agreements made under this section may include provisions to furnish water for domestic and municipal uses to premises and inhabitants within the boundaries of the districts or other water users’ organization

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

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

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ORS 545.287 Directors may construct or maintain improvements, levy assessments or provide for charges. (1) This section applies

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

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ORS 545.290 [Repealed by 1995 c.42 §184]

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ORS 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. The reasonable cost of the distribution and apportionment of water shall be apportioned each year by the board to the tracts. The cost of the distribution and apportionment of water shall be assessed or charged by the board as a special charge to the tracts in the same manner as other assessments or charges are made and extended upon the tax rolls of the county in which the irrigation district lies. The assessments or charges so levied and apportioned shall be a lien upon the tracts and shall be collected in the same manner as all other assessments or charges are levied and collected by the board. [Formerly 545.410; 1999 c.452 §24]

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ORS 545.293 Resolution for water distribution works or services; hearing of objections; construction, repair or maintenance of improvement; apportionment of costs; assessment. (1) 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 resolution

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ORS 545.295 Conditions required in certain districts before delivering water to additional lands; order; charges and assessments. (1) 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 irrigated or charged or assessed, determine

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ORS 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 of a domestic and municipal water system. The powers granted by this section shall not be exercised without the prior approval of a majority of the electors of the district at an election conducted as declared in ORS 545.305. However, no authority granted before March 5, 1945, to any irrigation district by a majority of the electors of the district at an election held pursuant to any other law shall be limited or otherwise affected by this section and ORS 545.257, 545.303 and 545.305. [Formerly 545.112]

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ORS 545.303 Water works system to be self-sustaining; payment of indebtedness; rates; separate accounts. (1) 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 whole or any part of the water system. The board of directors may establish rates or charges to be paid by each person whose premises are served. The rates or charges may be fixed and classified according to the type of use, according to the amount of water used and according to whether the property serviced lies within or outside the boundaries of the district

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ORS 545.305 Election concerning acquisition of water works. (1) 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 conducted. Upon the order being entered, an election shall be held by the qualified electors of the district to determine

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ORS 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 bonds of the United States or the State of Oregon. The district may hold and dispose of the bonds at such times as may be necessary to the conduct of the business and affairs of the district. [Formerly 545.224]

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

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

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ORS 545.315 Petition to construct improvements for irrigation; contents; assent of petitioners to assessment of cost of improvement. (1) 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

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

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

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ORS 545.319 Elections on question of constructing improvement; resolution of directors. (1) 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 board shall in the resolution fix the time and place of holding the election, specify the polling place and appoint three judges who shall constitute a board of election. The resolution shall also contain the ballot title to be used at the election. The ballot title shall contain such information as in the judgment of the board will advise the owners of the land to be charged with the cost of the proposed improvement as to the general nature of the improvement and the estimated cost

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

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

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ORS 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 the lands within the boundaries described in the petition, so that each acre of irrigable land within those boundaries shall be assessed and required to pay the same amount. In all other respects the assessment and its levy and collection shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments and taxes levied upon lands within the district. [Formerly 545.406]

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

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

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ORS 545.328 [Repealed by 1995 c.42 §184]

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ORS 545.330 [Repealed by 1995 c.42 §184]

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

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