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

The persons shown by the records of the county to be the owners of 50 percent of the acreage in any contiguous body of swamp, wet or overflowed lands or irrigated lands, waters from which contribute to the swamp, wet or overflowed conditions of those or other lands, situated in o…

For the purpose mentioned in ORS 547.005, the owners may prepare and sign a petition in which shall be stated: (1) The name proposed for the district. (2) The boundary lines of the district, or a description of all the lands included therein, with an allegation that such lands co…

The petition shall be verified by one or more of the petitioners to the effect that they have read the petition and believe the allegations to be true. It shall be filed in the office of the county clerk of the county in which the lands described are situated. If the lands are si…

(1) Upon presentation of the petition, the county court shall fix the time and place for hearing the petition. Thereupon the clerk in whose office the petition was filed shall give notice in the following manner: (a) The clerk shall cause notice to be published once each week for…

On or before the date set for the hearing, any person objecting to the organization and incorporation of the district may appear and file a writing setting forth specifically and definitely any objections thereto.

(1) At the hearing the court shall hear and consider any evidence that may be presented for or against the petition or any objection thereto. (2) Thereupon the court shall make its findings upon the facts alleged in the petition or objections and any other facts necessary and pro…

All drainage districts organized before February 14, 1921, in pursuance of any law relating to drainage districts passed prior to the enactment of chapter 340, Oregon Laws 1915, shall have all the powers and be subject to all the provisions of the Drainage District Act, except in…

(1) Whenever any diking or drainage district is sought to be created and organized or is created and organized in the manner provided by law, within the boundaries of which are located any lands belonging to the state that have been acquired or used by or for any state institutio…

The signing of the petition by the Governor for the organization of a diking or drainage district on behalf of the state shall be deemed to constitute compliance with the provisions of ORS 547.005 to 547.015, and any previous such action by the Governor is hereby ratified and con…

No action, suit or proceeding, under ORS 30.570 or otherwise, shall be maintained for the purpose of avoiding, setting aside or otherwise questioning or affecting the validity of the organization of any district organized under the Drainage District Act, unless such action, suit …

(1) An activity of a drainage district is deemed to be an urban service, as defined in ORS 195.065, if the drainage district: (a) Is located in a county that has a population greater than 700,000; and (b) Operates a flood control project located within the urban growth boundary e…

As used in this chapter, “Drainage District Act” means ORS 547.005 to 547.030, 547.057, 547.105 to 547.150, 547.205 to 547.240, 547.250 to 547.265, 547.310, 547.315, 547.455 to 547.475, and 547.555 to 547.580. [Amended by 2015 c.544 §13] DRAINAGE DISTRICTS MANAGING FEDERALLY AUTH…

As used in ORS 547.063 to 547.083: (1) “Flood control project” means a system or method, including, but not limited to, canals, ditches, dikes, levees, revetments and floodwalls, for: (a) The control, diversion, conservation or abatement of floodwater, or of an excessive or unusu…

(1) Before a drainage district elects to exercise the powers and duties set forth in ORS 547.067, the board of supervisors shall hold a public hearing. (2) At least 14 days before the date of the public hearing, the board shall give notice of the hearing in a newspaper of general…

(1) A drainage district may acquire, construct, reconstruct, repair, improve or extend improvements to carry out the purposes of the Drainage District Act. (2) A drainage district in a county with a population greater than 700,000 persons may adopt ordinances consistent with sani…

In a contiguous body of swamp, wet or overflowed land or irrigated land from which waters contribute to the swamp or to the wet or overflowed condition of the same or different land, the owners of record of at least 50 percent of the acreage may form a drainage district for the p…

(1) The officers and employees of any drainage district may: (a) Enter upon any land in the manner provided by ORS 35.220. (b) Locate the necessary flood control project, drainage works or irrigation works, and the necessary branches for the same, on any lands that may be deemed …

(1) The board of supervisors may: (a) Build, construct and complete any works and improvements needed to carry out the plan of reclamation. (b) In the name of the district, make all necessary water filings and appropriations of water for the subsequent irrigation of the lands wit…

The board of supervisors of any drainage district, whenever it is determined by the board that it is for the best interests of the district: (1) May enter into a contract with the United States for the reclamation by drainage or irrigation of the lands within the boundaries of th…

(1) The board of supervisors of a drainage district lying west of the Cascade Mountains, whether or not organized under the Drainage District Act: (a) Shall supervise and control flood control projects within the boundaries of their districts. (b) May prescribe the width, grade a…

(1) Whenever the engineer or secretary of a drainage district notifies the supervisors that any flood control project is less efficient, by reason of the failure of the owner of the premises upon which it is situated to prevent obstructions, repair, clean or grade the same, the b…

(1) If the owner or occupant of the premises upon which the clogged or obstructed flood control project is situated fails for 10 days after being notified of the existence of the clogged or obstructed condition, to submit to the drainage district a plan and schedule to repair, cl…

(1) Upon completion of the work the board of supervisors shall bill the owner or occupant of the premises for the expense necessarily incurred in the repair, grading or cleaning of the flood control project. (2) If any charge remains unpaid beyond the due date thereof, the secret…

(1) Within 30 days after any drainage district has been organized under the provisions of the Drainage District Act, the county clerk of the county in which the petition was filed shall call a meeting of the owners of land situated in the district for the purpose of electing a bo…

In the same month of each year after the election of the first board of supervisors, the board shall call a meeting of the owners of land in the district. The board shall give notice in the manner provided for in ORS 547.105. The owners shall meet at the time and place fixed by t…

(1) At least six months prior to an annual meeting of a drainage district, the board of supervisors of the drainage district may change the number of supervisors elected to the board, effective at the next annual meeting, by a motion approved by the affirmative vote of a majority…

Each supervisor before entering upon official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that the supervisor will honestly, faithfully and impartially perform the duties devolving upon the supervisor in office as supervis…

The board of supervisors immediately after its election shall choose one of its number president of the board, and elect some suitable person secretary, who may or may not be a member of the board. The board shall adopt a seal with a suitable design, and shall keep a record of al…

(1) The secretary of the board of supervisors in any drainage district shall hold the office of treasurer of the district, except as otherwise provided in this chapter. (2) The treasurer shall receipt for all moneys received by the treasurer and shall keep all funds received by t…

The board of supervisors of any district organized under the Drainage District Act shall cause to be kept a well-bound book, entitled “Record of Proceedings of Board of Supervisors of _____ District,” in which shall be recorded minutes of all meetings, proceedings, certificates, …

The board of supervisors may at any time remove any officer, attorney or other employee appointed or employed by the board.

(1) The board of supervisors of any district organized under the provisions of the Drainage District Act shall, as soon as elected and qualified, impose a uniform charge of not more than $1 per acre upon the owner of each acre of land within the district, to be used for the purpo…

All claims against the district shall be paid by warrants drawn on the district treasurer and signed by the president and secretary of the board. When any warrant is not paid when presented to the treasurer because of lack of funds in the treasury, such fact shall be indorsed on …

Within 30 days after organizing, the board of supervisors shall appoint a competent civil engineer as chief engineer, who may be an individual, partnership or corporation, and who shall engage such assistants as the board of supervisors may approve. The chief engineer shall: (1) …

(1) The chief engineer shall make a report in writing to the board of supervisors whenever the board requires. Upon receipt of the final report of the engineer concerning surveys made of the lands contained in the district, and plans for reclaiming the same, the board shall adopt…

Upon adoption of the plan for reclamation, the county judge shall, by order, appoint three commissioners (who shall not be landowners in the district nor of kin within the fourth degree of consanguinity to any person owning land in the district), one of whom shall be a civil engi…

The county clerk upon the filing of the order of appointment shall notify each commissioner of appointment by written or printed notice, and in the notice the county clerk shall state the time and place for the first meeting of the commissioners. The secretary of the board of sup…

(1) Within 30 days after qualifying, the commissioners shall begin their duties. The chief engineer shall accompany them at all times, and render an opinion in writing when called for. (2) The commissioners shall proceed to view the premises and determine the value of all lands w…

(1) Upon the filing of the report of the commissioners, the county clerk shall give notice thereof by publication once a week for three consecutive weeks in some newspaper published in each county in the district. It shall not be necessary for the notice to name the parties inter…

The drainage district or any owner of land in the district may file exceptions to the report or to any assessment of either benefits or damages, within 10 days after the last day of publication of the notice provided for in ORS 547.230. All exceptions shall be heard by the court …

If after determining the objections made to the commissioners’ report, the court finds that the estimated costs of works and improvements as reported by the commissioners, or as amended by the court, exceed the estimated benefits, the court shall then render a judgment, declaring…

At any time after the expiration of five years from the confirmation of the report of the commissioners, as provided by ORS 547.235, and upon the filing of a petition with the county clerk signed by at least one-tenth of the owners of the lands within the drainage district or the…

The board of supervisors shall have power to make any change in the plan for reclamation by action of the board until such time as the commissioners have filed their report. After that all changes shall be made as follows: (1) The board of supervisors, for and in behalf of the di…

Any owner of land located in the district, or any owner of land located outside of the district that will be affected by the proposed changes, amendments, and corrections enumerated in the petition, may file objections to the granting of the prayer of the petition, on or before t…

(1) If the judgment of the court provides that the plan for reclamation may be amended, changed or corrected or the boundary lines of the district extended, the court shall appoint three commissioners, possessing the same qualifications as the commissioners appointed under ORS 54…

Where the works set out in the plan for reclamation of any drainage district are found insufficient to reclaim in whole or in part any or all of the land of the district, the board of supervisors may formulate new or amended plans containing new ditches, levees or other works, an…

(1) The officers and employees of any drainage district shall have the right to: (a) Enter upon any land in the manner provided by ORS 35.220. (b) Locate the necessary drainage or irrigation works and the necessary branches for the same, on any lands that may be deemed best for s…

(1) The board of supervisors shall have full power and authority to: (a) Build, construct and complete any works and improvements needed to carry out the plan of reclamation. (b) In the name of the district, make all necessary water filings and appropriations of water for the sub…

(1) At the time of the construction in any district of the plan for reclamation, all ditches or systems of drainage already constructed in the district and all watercourses shall, if necessary to the drainage of any lands in the district, be connected with and made a part of the …

Whenever it appears necessary, proper or beneficial to irrigate any of the lands within any drainage district, whether or not the drainage works have been actually acquired or constructed, the district may cause irrigation reservoirs, canals, ditches, and other works to be constr…