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

(1) The initial district board of the urban flood safety and water quality district shall consist of 17 directors appointed as follows: (a) One director representing the City of Portland appointed by the Portland city council. (b) One director representing the City of Gresham app…

(1) The board of directors shall consist of nine voting directors selected as follows: (a) One director shall be elected at large by the electors. A candidate for this position must be an elector. (b) Four directors shall be elected at large by the electors. A candidate for any o…

(1)(a) Notwithstanding ORS 550.195 (2), the first directors elected at a regular district election shall determine their terms by lot so that the terms of two directors expire on the first June 30 that occurs at least two years after the date of the regular district election at w…

(1) As soon as practicable after the election and appointment of the directors to the board of directors, the directors shall meet to qualify all individuals elected or appointed as directors by administering an oath of office and to elect the officers of the board of directors. …

The board of directors shall: (1) Manage and conduct the affairs of the district. (2) Employ and appoint agents and employees and prescribe the duties and fix the compensation of the agents and employees. (3) Establish reasonable bylaws and rules for the administration of the aff…

The board of directors may appoint stakeholder advisory committees to: (1) Advise the board of directors on aspects of the operation of the district; (2) Assist with community outreach and citizen participation; and (3) Advise on such other matters as the board of directors deems…

To carry out the purposes for which it was created, the urban flood safety and water quality district is a body corporate and has the power to, without limitation: (1) Have and use a seal. (2) Have perpetual succession. (3) Sue and be sued in its own name. (4) Acquire by condemna…

(1) Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (4) shall be governed by ORS 35.015 to 35.530. (2) The district’s authority to condemn property is limited to…

Activities of the urban flood safety and water quality district are deemed to be urban services, as defined in ORS 195.065, if the district engages in the activities to manage flood control and safety, water quality or surface water. [2019 c.621 §11]

(1)(a) The urban flood safety and water quality district shall prepare a plan for watershed and habitat improvement and landscape resilience within the managed floodplain. The watershed improvement plan shall be coordinated with plans or programs of other jurisdictions with autho…

(1) The urban flood safety and water quality district may undertake construction of works upon approval of the proposed works by the board of directors. (2) The board of directors shall obtain engineering plans for any works that require engineering. [2019 c.621 §13; 2022 c.16 §1…

The urban flood safety and water quality district is a contracting agency as defined in ORS 279A.010 for all applicable requirements of the Public Contracting Code. [2019 c.621 §14]

(1) The urban flood safety and water quality district may construct works: (a) Across or along any street or public highway, or over any lands, that are the property of the state or of any political subdivision of the state. (b) Across or along any stream of water or watercourse,…

(1) The board of directors may finance the construction, operation or maintenance of district works by the following means: (a) Assessments made under ORS 550.310 against the benefited lands in the district, with or without the issuance of works bonds. (b) Service and user charge…

(1) All or part of the cost of building, constructing, purchasing, operating, maintaining or improving works of the urban flood safety and water quality district may be assessed against the lands to be benefited by the works. The board of directors shall determine the portion of …

(1)(a) The board of directors of the urban flood safety and water quality district may impose an annual charge to pay the costs of operating and maintaining district works that directly benefit lands situated within the managed floodplain of the district. (b) If the board of dire…

(1)(a) The board of directors of the urban flood safety and water quality district may adopt an ordinance imposing a flood safety intergovernmental fee on incorporated cities and counties with territory situated within the district boundaries. (b) The purpose of this fee is to co…

(1)(a) The urban flood safety and water quality district may annually impose, assess and collect a tax on all taxable property located in the district in an amount sufficient to pay the principal and interest due in the fiscal year on outstanding general obligation bonds issued b…

(1) To pay the costs of acquiring, purchasing, constructing, improving, operating and maintaining district works, the board of directors may adopt an ordinance to: (a) Impose and collect service charges, fees or rates on the owners or occupants of property served by the works of …

(1)(a) Upon approval of the electors of the urban flood safety and water quality district, the district may issue general obligation bonds. The district may not issue or have outstanding at the time of issuance general obligation bonds in a principal amount that exceeds two perce…

(1) The urban flood safety and water quality district may enter into a loan agreement with a state or federal agency. The loan agreement shall be in such form and contain such terms as the district and the agency may agree to. (2) The district may agree to impose and collect asse…

(1)(a) Notwithstanding any other provision of law, the urban flood safety and water quality district may, by resolution of the board of directors, dissolve any drainage district formed and operating under ORS chapter 547, any drainage district organized and operating under ORS 54…

(1) Following dissolution under ORS 550.360 of a district or corporation, the members of the initial district board appointed under ORS 550.190 (1)(i), (j) or (k) by the board of supervisors of the dissolved drainage district, or under ORS 550.190 (1)(L) by the board of directors…

(1) Except as provided in subsection (2) of this section, when notice is required to be given by publication under ORS 550.150 to 550.410, the notice must be published in a newspaper of general circulation within the boundaries of the urban flood safety and water quality district…

(1) ORS chapter 255 governs the nomination and election of the board of directors of the urban flood safety and water quality district and the conduct of all district elections. (2) The electors may exercise the powers of the initiative and referendum regarding a district measure…

(1) A person commits the crime of waterway pollution if the person: (a) Throws, dumps or otherwise places, or permits to be thrown, dumped or otherwise placed, any rubbish, refuse or any other matter or object in any ditch, lateral, canal, slough or other waterway or conduit used…

(1) Regardless of any criminal prosecution or the result of a prosecution under ORS 550.390, the urban flood safety and water quality district or any other person injured by a violation of ORS 550.390 may bring a civil action to secure an injunction, damages or other appropriate …

(1) As used in this section, “actionable condition” means a condition on public or private property that obstructs, clogs, damages, injures, reduces the efficiency of, impairs the usefulness of or otherwise has a negative impact on the district’s works. (2) In addition to the rem…