Chapter 545 — Chapter 545

ORS 545.084 [Amended by 1995 c.42 §52; renumbered 545.241 in 1995]

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ORS 545.085 Record of petition; admissibility in evidence. Upon the filing of the copies of the order under ORS 545.079, the secretary shall record the petition for inclusion in the minutes of the board. The minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. [Formerly 545.596]

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ORS 545.086 [Amended by 1995 c.42 §53; renumbered 545.245 in 1995]

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ORS 545.088 [Amended by 1995 c.42 §54; renumbered 545.249 in 1995]

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ORS 545.089 Redivision of district; election of directors. (1) When land is included within a district by proceedings under ORS 545.057 to 545.085, if the district is subdivided for the election of directors and as a result of the inclusion of the land the deviation in acreage among the divisions is greater than 10 percent, the board of directors, not earlier than 30 days after the final order making the inclusion, shall make an order redividing the district. Redivision shall be done in the same manner as provided for the initial division of the district in ORS 545.033 (2)

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ORS 545.090 [Amended by 1995 c.42 §55; renumbered 545.253 in 1995]

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ORS 545.091 Inclusion of lands not subject to charges of district. The boundaries of a district may for administrative convenience encompass lands that are not subject to the charges and assessments of the district, without regard to whether the lands are susceptible to irrigation. An owner whose land is within the boundaries of a district but is not subject to the charges and assessments of the district does not have the rights or duties of an elector or owner of land under this chapter. [1999 c.452 §2]

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ORS 545.092 [Repealed by 1969 c.344 §8]

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ORS 545.093 Creation of subdistricts; purpose; change in subdistrict boundaries. (1) Subdistricts within an irrigation district may be created as provided in this section

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ORS 545.094 Engineering plan for improvements within subdistricts; notice; hearing; remonstrance. After the creation of a subdistrict, the board may develop an engineering plan for the improvements requested in the petition for the creation of the subdistrict or proposed by the board. The board may make an engineering plan for the subdistrict or may adopt as an engineering plan any plan made by any department or agency of the federal government or the State of Oregon or a project work plan proposed for any soil and water conservation district in which lands within the subdistrict are located. Upon completion of the plan, the board shall give notice of the plan to the owners of the tracts of land within the subdistrict and shall permit the inspection of the plan at the office of the subdistrict by the landowners. The notice may be given by mail or by publication, as may be determined by the board. The notice shall fix a time and place for a hearing at which objections to the plan may be heard by the board. The hearing shall be held not less than 20 nor more than 30 days after the date of mailing or the date of the last publication of the notice. At the hearing, the board may make changes in the engineering plan that the board considers necessary after reviewing objections or suggestions made by any person at the hearing. After the hearing, the board may approve the plan, as corrected or changed, by adopting an order of approval. However, if the owners of more than 50 percent of the lands within the subdistrict subject to the charges or assessments of the district file written objections to the order approving the engineering plan with the secretary of the district within 15 days after the date of the order, no further action shall be taken under the order and the plan shall be considered to have been rejected by the landowners. When an engineering plan for a subdistrict is rejected by the landowners, the board may obtain a new engineering plan and present it to the landowners in the manner provided in this section. [1999 c.356 §3]

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ORS 545.095 Charges or assessments for improvements within subdistrict. The cost of constructing, purchasing, operating, maintaining and improving the works described in an engineering plan for a subdistrict shall be charged to the owners of the lands, or assessed against the lands, benefited by the works in proportion to the benefits to be received by each tract of land. The charges or assessments shall be in addition to the regular charges or assessments of the district under ORS 545.471. Only the lands or owners within a subdistrict shall be liable for, charged with or in any manner assessed for the payment of judgments, claims, damages, costs, expenses, debts or other liabilities of or against a district that arise out of or are incurred in the constructing, purchasing, operating, maintaining or improving of the works of the subdistrict. [1999 c.356 §4]

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ORS 545.097 Exclusion of tracts; effect on status of district, rights and liabilities. The boundaries of any irrigation district organized under the Irrigation District Law may be changed, and tracts of land that were included within the boundaries of the district at or after its organization may be excluded from the district in the manner prescribed in ORS 545.097 to 545.126. However, a change of the boundaries of a district resulting from exclusion of lands from the district shall not impair or affect its organization, its right in or to property or any of its rights or privileges of whatever kind or nature. Exclusion of lands from the district shall not affect, impair, or discharge any contract, obligation, lien, or charge for or upon which the district would be liable or chargeable if the change of its boundaries had not been made, or if land had not been excluded from the district. [Formerly 545.602]

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ORS 545.099 Petition for exclusion of lands from district; approval by board; payment of costs of exclusion. (1) The owners in fee of one or more tracts of land or the holders of an uncompleted title to government or state lands which constitute a portion of an irrigation district may jointly or severally file with the board of directors a petition requesting that those tracts be excluded and taken from the district. The petition shall state the grounds upon which it is requested that the lands be excluded. The petition shall also describe the boundaries of the tracts sought to be excluded and the lands of the petitioners which are included within those boundaries. The description of the lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor

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ORS 545.101 Exclusion of subdivisions with three or more tracts on each acre of land; exceptions. (1) When a subdivision is platted after September 13, 1975, under ORS 92.010 to 92.192, if the subdivision has three or more tracts on each acre of land within the subdivision, the subdivision shall be excluded and taken from the district pursuant to ORS 545.097 to 545.126 at the time that the plat is approved by the appropriate governing body

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ORS 545.102 [Amended by 1969 c.669 §13a; 1985 c.561 §8; 1995 c.42 §57; renumbered 545.271 in 1995]

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ORS 545.104 [Amended by 1981 c.897 §60; 1995 c.42 §58; 1995 c.696 §27; renumbered 545.275 in 1995]

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ORS 545.105 Assent of bondholders; acknowledgment; filing; recording. If there are outstanding bonds of the district at the time of the filing of the petition for exclusion, the holders of the bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion of the lands as may be excluded from the district by order of the board, may be excluded from the district. If the lands, or any portion of the lands, are excluded from the district, they shall be released from the lien of such outstanding bonds. The assent must be acknowledged by the bondholders in the same manner and form as required for a conveyance of land. The acknowledgment shall have the same force and effect as evidence as the acknowledgment of a conveyance. The assent shall be filed with the board and be recorded in the minutes of the board. The minutes, or a copy thereof certified by the secretary of the board, shall be admissible in evidence with the same effect as the assent. The certified copy may be recorded in the office of the county clerk of the county in which the lands are situated. [Formerly 545.612]

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ORS 545.106 [Amended by 1995 c.42 §71; renumbered 545.335 in 1995]

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ORS 545.108 [Amended by 1991 c.459 §423a; 1995 c.42 §107; renumbered 545.471 in 1995]

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ORS 545.109 Recording minutes of board. When the board of directors excludes any lands from the district upon petition for exclusion, if the exclusion changes the boundaries of the district, the board shall make an entry in its minutes describing the boundaries of the district. For that purpose the board may have a survey made of such portions of the district as it considers necessary. A certified copy of the entry of the minutes of the board excluding any land, certified by the secretary of the board, shall be filed for record in the county clerk’s office of each county within which any land of the district is situated. [Formerly 545.614; 1999 c.452 §13]

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ORS 545.110 [Amended by 1995 c.42 §56; renumbered 545.257 in 1995]

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ORS 545.112 [Amended by 1995 c.42 §64; renumbered 545.301 in 1995]

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ORS 545.113 State agency to pay assessment and charges or to petition for exclusion. Every state agency acquiring land within the boundaries of an irrigation district shall

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ORS 545.114 [Amended by 1995 c.42 §65; renumbered 545.303 in 1995]

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ORS 545.116 [Amended by 1995 c.42 §66; renumbered 545.305 in 1995]

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ORS 545.117 [Formerly 545.616; repealed by 1999 c.452 §30]

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ORS 545.118 [Repealed by 1989 c.182 §49]

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ORS 545.119 [1993 c.771 §15; renumbered 545.279 in 1995]

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ORS 545.120 [Repealed by 1975 c.771 §33]

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ORS 545.122 [Repealed by 1969 c.344 §8]

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ORS 545.123 Redivision of district; election of director. (1) When land is excluded from a district by proceedings under ORS 545.097, 545.099, 545.101, 545.105 or 545.109, if the district is subdivided for the election of directors and as a result of the exclusion of the land the deviation in acreage among the divisions is greater than 10 percent, the board of directors, not earlier than 30 days after the final order making the exclusion, shall make an order redividing the district. Redivision shall be done in the same manner as provided for the initial division of the district in ORS 545.033 (2)

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ORS 545.124 [Amended by 1995 c.42 §59; renumbered 545.283 in 1995]

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ORS 545.126 Liability of excluded lands for district’s obligations. ORS 545.097 to 545.126 shall not operate to release any lands excluded from the district from any lien on the lands or any obligation to pay any valid outstanding bonds or other indebtedness of the district at the time of the filing of the petition for exclusion of the lands. The lands shall be held subject to the lien, and answerable and chargeable for the payment and discharge of all outstanding obligations at the time of the filing of the petition, as fully as though the petition were never filed and the order of exclusion never made. If lands were subdivided into small tracts of less than one acre after the bonded indebtedness is apportioned to the lands on a per acre basis, the required payments shall be computed to the nearest one-tenth acre. For the purpose of discharging the outstanding indebtedness, the lands so excluded shall be considered part of the irrigation district. Notwithstanding the exclusion of land from the district, all provisions otherwise available to compel the payment by the land of its quota or portion of the outstanding obligation if the exclusion had never been accomplished, may be resorted to in order to compel and enforce the payment by the land of its quota or portion of the outstanding obligations of the irrigation district for which it is liable. However, the land excluded shall not be held answerable or chargeable for any obligation incurred after the filing of the petition for exclusion. This section shall not apply to any outstanding bonds or other obligations or indebtedness the holders of which have assented to the exclusion of such lands from the district. [Formerly 545.620]

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ORS 545.131 Union or merger of districts; petition; approval of board; election; indebtedness. An irrigation district may be merged and included within another irrigation district. The board of directors seeking merger shall present a petition showing the indebtedness of the district and its boundaries to the board of directors of the district in which it is desired to be included. The petition may be accepted or rejected by the latter board. If accepted, an election shall be ordered by the latter board in the district desiring to be included. At the election, the questions “Merger –Yes,” and “Merger –No,” shall be submitted to the qualified electors of the district and shall be determined by a majority vote of the qualified electors. The election shall be conducted in the same manner as an election for the organization of an irrigation district, and the board shall have the same powers and authority in conducting the election as are possessed by the county court in organizing an irrigation district. If the vote is “Merger–Yes,” the indebtedness of each district shall be determined and entered upon the records. A division of the indebtedness shall be ordered which shall be binding on the districts. Thereafter the districts shall be one district with the lands of the merged district included in the surviving district to the same extent and effect in all respects as if originally included. [Formerly 545.622]

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ORS 545.135 Elections subsequent to organization of district; election of directors. (1) Except for the second Tuesday in November next following the organization of the district, an election shall be held in each district on the second Tuesday in November of each year, at which one or more directors shall be elected. The person receiving the highest number of votes for any office to be filled shall be elected, and shall hold office for three years from the annual organizational meeting in January next following the election and until a successor is elected and qualified. The qualifications for a director shall be those set forth in ORS 545.043

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ORS 545.137 Notices of election; board of election; place of holding election; nomination of candidates; advertising openings on district board; certificate of election to sole candidate; ballots. (1) At least 10 days before any election held under the Irrigation District Law, subsequent to the organization of any district, the secretary of the board of directors shall cause the publication of a notice of the time, place and purpose of the election in a newspaper that is published or distributed within every county in which either the district or a division of the district is located. The secretary shall also post a general notice of the election in the office of the board specifying the polling places of each division

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ORS 545.139 Board of election; polls; ballots. (1) The judges who constitute the board of election for a precinct shall elect a presiding officer for the board who may administer all oaths required in the progress of an election. If during the progress of an election any judge fails to act, the presiding officer may appoint additional judges. Any member of the board of election may administer and certify oaths required to be administered during the progress of election. Before opening the polls each member of the board must take and subscribe an oath faithfully to perform the duties imposed by law. Any elector of the precinct may administer and certify such oath

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ORS 545.141 Conduct of election; challenge and verification of qualifications of elector; counting ballots. (1) Voting may commence as soon as the polls are open and may continue during all the time the polls remain open. Voting shall be conducted as nearly as practicable in accordance with the general election laws. An absent elector may obtain a ballot and vote, as nearly as practicable, in the manner provided for absent electors in ORS chapter 253

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ORS 545.142 [Amended by 1995 c.42 §79; renumbered 545.365 in 1995]

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ORS 545.144 [Amended by 1989 c.182 §8; 1995 c.42 §80; renumbered 545.367 in 1995]

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ORS 545.145 Certificate of vote; stringing of ballots; sealing of returns; delivery to board secretary; recount. As soon as all the votes are counted, a certificate shall be drawn up on each of the papers containing the tallies, or shall be attached to those papers. The certificate shall state the number of votes each candidate has received and shall designate the office for which the person was a candidate. The number of votes stated on the certificate shall be written in words and figures at full length. Each certificate shall be signed by all the members of the board of election. One of the certificates and the tally paper to which it is attached shall be retained by the presiding officer of the board of election and preserved by the presiding officer for at least six months. During the counting, the ballots shall be strung on a cord or thread by the presiding officer in the order in which they are entered upon the tally lists. The ballots, together with the other certificate and tally papers to which it is attached and a poll list of the voters voting at the election, shall be sealed by the presiding officer in the presence of the other judges, indorsed “Election returns of (naming the precinct) precinct,” and directed to the secretary of the board of directors. The ballots and other materials shall be immediately delivered to the secretary of the board by the presiding officer, or by another safe and responsible carrier designated by the presiding officer. The ballots shall be kept unopened for at least six months, except that the ballots may be opened at any time at the direction of the board of directors for the purpose of canvassing the returns or conducting a recount of the ballots. If any person is of the opinion that the vote of any precinct has not been correctly counted, the person may appear on the day appointed by the board of directors to open and canvass the returns and demand a recount of the votes of the precinct that the person claims have been incorrectly counted. [Formerly 545.032]

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ORS 545.146 [Amended by 1995 c.42 §81; renumbered 545.369 in 1995]

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ORS 545.148 [Amended by 1995 c.42 §82; renumbered 545.371 in 1995]

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ORS 545.149 Canvass of returns; standard for rejecting certain election documents; canvass to be in public. A list, tally paper or certificate returned from any election shall not be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors shall meet at its usual place of meeting on the first Monday after each election to canvass the returns. If, at the time of meeting, the returns of each precinct in which polls have been opened have been received, the board of directors shall then and there canvass the returns. However, if all the returns have not been received, the canvass shall be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass shall be made in public and by opening the returns and computing the vote of the district for each person voted for, and declaring the result. [Formerly 545.034]

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ORS 545.150 [Amended by 1989 c.182 §9; 1995 c.42 §83; renumbered 545.373 in 1995]

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ORS 545.152 [Amended by 1989 c.182 §10; 1995 c.42 §84; renumbered 545.375 in 1995]

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ORS 545.153 Statement of result; contents; certificate of election; effect of informalities in conduct of election. (1) The secretary of the board of directors shall, as soon as the result is declared, enter on the records of the board a statement of the result. The statement must show

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ORS 545.154 [Amended by 1989 c.182 §11; repealed by 1993 c.771 §20]

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ORS 545.156 [Formerly 545.038; repealed by 1999 c.452 §30]

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ORS 545.163 Procedures for conducting election by mail. (1) An irrigation district may conduct a district election by mail. The board of directors of the district shall designate by resolution, not later than the 50th day before any election, that an election will be conducted by mail

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