Chapter 545 — Chapter 545

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

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

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

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

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

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ORS 545.446 [Renumbered 545.397 in 1995]

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

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

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ORS 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]

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

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

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ORS 545.458 [Renumbered 545.426 in 1995]

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ORS 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 security, as security for the payment of any delinquent assessments. [Amended by 1995 c.42 §102]

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ORS 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. [Amended by 1995 c.42 §103]

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ORS 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 order, the tax collector shall correct the delinquent tax rolls in accordance with the order of the board. [Amended by 1973 c.305 §18; 1995 c.42 §104]

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ORS 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. [Amended by 1995 c.42 §105]

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ORS 545.468 Exemption of parcel of land from payment of charge or assessment; qualification of owner of excluded parcel as district elector. (1) 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

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ORS 545.471 Charges for water supply; rates; collections and disbursements; basis of charges. (1) 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 provide for collecting the charges from all persons using the canals for irrigation and other purposes, and may require the collection to be made by the secretary of the board and disbursed by the secretary on order of the board

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ORS 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 fixed for operation and maintenance. The charge shall be levied and collected for the purpose of retiring outstanding operation and maintenance warrants of the district. [Formerly 545.542]

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ORS 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. [Formerly 545.544]

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ORS 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 district in payment of assessments made for the purpose of retiring warrants. Upon the receipt of any moneys levied for the purpose of retiring warrants, the secretary of the board shall immediately pay the moneys to the treasurer of the district, who shall place such moneys in an operation and maintenance fund. [Formerly 545.546]

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ORS 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. [Formerly 545.548]

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ORS 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 to deliver water through all or any part of its canal or distribution system. If the consent of all the holders of outstanding bonds of the district has been obtained, the resolution may provide for the collection of incurred charges for the purpose of retiring bonds and payment of interest on the bonds, or any part of the bonds. [Amended by 1959 c.223 §1; 1987 c.694 §1; 1991 c.459 §423c; 1993 c.270 §70; 1995 c.42 §112; 2001 c.476 §1]

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ORS 545.484 Computation of amount to be raised; apportionment of charges; fixing due date and delinquency date; fee for other services. (1) 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 District Law, including an allowance for delinquencies in collections. When making the computation, the board shall consider the amounts of money necessary for

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

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ORS 545.487 Pressurization charge; application to certain lands; apportionment. (1) 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 under pressure. However, a pressurization charge may not be charged unless delivery of water by pipe and under pressure to these lands requires operation, construction and maintenance costs greater than the operation, construction and maintenance costs involved in delivering water to the nonpiped and nonpressurized lands in the district

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

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

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

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ORS 545.494 Unpaid charge as lien on land; priority respecting other liens and claims. (1) 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 of claim of lien shall be in writing and must contain

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ORS 545.496 Collection of incurred charges; withholding of water until payment; interest on unpaid charges. (1) 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

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ORS 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 the board and filed in the office of the district. The amount of the bond may be varied from time to time by order of the board. [Amended by 1991 c.459 §423h; 1995 c.42 §117; 2001 c.476 §6]

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

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ORS 545.502 Foreclosure; procedure; redemption after sale; attorney fees. (1) 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 for the county in which the land to be foreclosed is situated. If land in two or more counties is to be foreclosed, separate proceedings shall be commenced in each county as to the lands in that county. In addition to such incurred charges being foreclosed, the district may recover in the suit the costs and disbursements and expenses of foreclosure, including but not limited to recording and filing fees, title search fees, foreclosure reports and a reasonable administrative fee. Any number of tracts of land may be foreclosed in the same suit, without regard to whether they are delinquent for the same or different incurred charges, or for the same or several years. The judgment shall order the sale of the property and order the sheriff of the county to hold the sale in the same manner as other foreclosure sales. The sheriff shall fix the time for holding the sale and give notice of the sale for two consecutive weeks prior to the day of sale by publication of notice once each week in a newspaper published in the county in which the land to be sold is situated. The sheriff shall also post notices in three public and conspicuous places within the county at least two weeks prior to the day of sale. The irrigation district may be a bidder and purchaser of the property at the sale

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ORS 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 amount of state and county taxes that the irrigation district may have paid, and a proportionate amount of the costs incurred in the foreclosure proceeding. If the payment is to be made prior to the judgment, the payment shall be tendered to the clerk of the court, together with written appearance in the suit. If the payment is to be made after the judgment is entered, the payment shall be tendered to the sheriff ordered to hold the sale. If payment is made before judgment, the tract shall be dismissed from the foreclosure proceeding. If payment is made after judgment, the district shall issue satisfaction of lien to the former owner, incurred charge payer, or holder of legal or equitable title or lien upon the tract, and file the satisfaction of lien for record. [Amended by 1991 c.459 §423k; 1995 c.42 §120; 2001 c.476 §7; 2003 c.576 §499]

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ORS 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. [Amended by 1991 c.459 §423L; 1995 c.42 §121; 2001 c.476 §8]

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ORS 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

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ORS 545.508 Moneys collected; deposit; separation of funds; disbursements. (1) 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 accounted for separately

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ORS 545.511 Authorization of bonds, including refunding bonds; contract with state or with United States; election; notice. (1) Upon order of the board of directors entered in the records of the board, an election shall be held to determine

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ORS 545.513 Resubmission of questions to electors; contracts not requiring vote. (1) 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 questions to the electors in the same manner and with the same effect as at the previous election. However, an irrigation district may, without a vote of its electorate, enter into a contract with the United States or the State of Oregon which does not create or increase a construction charge indebtedness and which, in the judgment of the district board, is for the best interest of the district

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ORS 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. [Formerly 545.196]

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ORS 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 district are issued and deposited for the purpose of securing payment of construction charges to the United States, the bonds may be of such denomination and may provide for the payment of such interest as may be required by the federal laws and as may be agreed upon between the board and the Secretary of the Interior. [Formerly 545.198]

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ORS 545.519 Issuance of bonds; cancellation of bonds. (1) Bonds shall be issued in accordance with ORS chapter 287A

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ORS 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. (1) 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 been called and redeemed, or further refunded as a part of new proceedings taken to finance the construction of irrigation works

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

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

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ORS 545.526 [Repealed by 1969 c.345 §20]

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ORS 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 under the Irrigation District Law, shall be general obligations of the district and shall be paid by the revenue derived from the annual assessments upon the land in the district. All the lands in the district shall be and remain liable to be assessed for such payments as provided in the Irrigation District Law. [Formerly 545.204]

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

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ORS 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 Oregon when a contract has been executed by the United States or the State of Oregon, may, if a default occurs in the payment of interest or principal on the bonds, or the amount due on the contract, upon the order of the circuit court, take possession of the irrigation and other works of the district and operate those works until the amount in default is fully paid. [Formerly 545.206]

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