Title 45, Water Resources: Irrigation, Drainage, Flood Control, Reclamation

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 ha…

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. I…

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 un…

(1) The board shall: (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 reg…

(1) The board of directors may: (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) Insti…

(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 …

(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 can…

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…

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 en…

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 f…

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.…

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: (1) Acquire by gift, lease, purchase, condemnation or other legal means, domes…

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 righ…

(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 suppl…

(1) The board of directors may require a water user of the district: (a) To install and maintain a lockable and controllable headgate or other water control device at a point of delivery of water to the user’s property; or (b) To install a measuring device at a point of delivery …

(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,…

(1) This section applies: (a) When a parcel of land lying within an irrigation district is subdivided or partitioned into tracts, and the owner has made no provision which in the opinion of the board of directors is adequate for the proper distribution of water to the tracts; or …

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 ma…

(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 su…

(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 …

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 acqu…

(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 pai…

(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, s…

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, …

(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 expedi…

(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 q…

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 construc…

When it appears necessary, proper or beneficial to drain any of the lands within the district, either for the benefit of the lands actually requiring drainage or for the protection of other lands within the district, and without regard to whether or not the irrigation works have …

(1) For the purpose of acquiring control over government land within the district and of complying with the provisions of the Act of Congress entitled “An act to promote reclamation of arid lands,” approved August 11, 1916, the board of directors may make investigations, and, bas…

Any property acquired by the district may be conveyed to the United States in so far as the property may be needed by the United States for the construction, operation and maintenance of works for the benefit of the district under any contract that may be entered into with the Un…

The board of directors may also enter into any obligation or contract with the United States for the construction, operation and maintenance of the necessary works for the delivery and distribution of water under the Act of Congress of December 5, 1924, entitled “An act making ap…

Any irrigation district organized under the laws of Oregon may turn over to the federal government, or any federal agency, any lands owned or controlled by the district, for the purpose of development and colonization by the federal government or federal agency. The irrigation di…

In order to make the lands available for development by the federal government or any federal agency, as provided in ORS 545.349, any irrigation district may accept from any landowner within the district title to any part of the land of the landowner and allow the landowner credi…

When an irrigation district under contract with the United States has levied any assessment for collection of money payable to the United States under the contract, if the Secretary of the Interior has, by agreement with the board of directors of the district, authorized the exte…

(1) When the board of directors of any irrigation district determines that it is for the best interest of the district that the floodwaters of any stream that enters upon the district or whose waters are used in the irrigating of any of the lands in the district be controlled, th…

Any irrigation district foreclosing or otherwise acquiring any real property may lease, operate or sell the property upon such terms and taking such security for the rental or purchase price as the board of directors may consider advisable. A member of the board of directors or e…

When the board of directors of an irrigation district considers it to be for the best interests of the district to sell any property owned by the district and not required for district purposes, including excess storage or carrying capacity, surplus water or water rights, or to d…

The board of directors may then proceed to obtain releases of the lien of all outstanding bonds against the property it is proposed to sell. Release of the lien shall be in writing and acknowledged by the holders of the bonds in substantially the same manner and form as is requir…

The board may obtain constructive consent to the release of the lien of all outstanding bonds against property to be sold by publishing a notice describing the property to be released from the lien of outstanding bonds, and requiring all holders of bonds against the district to p…

All proceeds from the sale of property owned by the district and subject to the lien of outstanding bonds shall be held in a special fund to be applied: (1) First, to the construction or reconstruction of the drainage or other works of the district that are required by the United…

(1) A sale of excess storage or carrying capacity or a sale of surplus water or water rights by the board shall not give the purchaser any prior or superior right in the water rights, water supplies, reservoir or irrigation works of the district over the rights retained by the di…

(1) On or before the first Tuesday in April of each year, the board of directors shall make a computation of the whole amount of money necessary to be raised by the district for the ensuing year for any purpose whatsoever in carrying out the Irrigation District Law, including est…

(1) Notwithstanding ORS 545.381 or 545.482 to 545.508, an irrigation district that assesses land in the district under ORS 545.381 or 545.482 to 545.508 may assess any land within the district to which the district furnishes or supplies water for irrigation purposes and which: (a…

After an affirmative vote at any regular or special election called or held under the Irrigation District Law, a district issuing bonds may proceed to levy and collect assessments for any purposes of the irrigation district on a benefit basis instead of on the basis of the number…

(1) In fixing the proportionate part of the cost of the reclamation that each owner of land shall pay, the amount to be paid to any owner for easements, rights of way, water rights or other property or rights required by the district, may be deducted from the amount that the owne…

(1) When a contract has been made with the United States, in addition to the amount determined and apportioned as provided in ORS 545.381, 545.385, 545.387 and 545.389, the board shall also fix the amount payable by each tract within the district, in accordance with the federal r…

When an irrigation district has entered into a contract with the United States providing for payment to the United States under any federal reclamation law, the board of directors of the irrigation district, at any regular meeting that is not later than its meeting on the second …

An irrigation district may provide for the reclamation, improvement or irrigation of the lands within the district in units. When a district does so, the assessments against the lands in the district may be apportioned by the board of directors to the lands owned or held by each …

The reclamation, division, improvement and assessment of lands within any irrigation district in units, made before June 2, 1927, are hereby validated. [Formerly 545.446]

When an irrigation district has entered into any contract with any governmental agency of the United States for a loan under ORS 548.305 to 548.325, the board of directors of the district may levy annually assessments upon the lands in the district or bill the water users directl…