Chapter 552 — Chapter 552

ORS 552.275 [Repealed by 1969 c.168 §1]

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ORS 552.280 [Repealed by 1969 c.168 §1]

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ORS 552.285 [Repealed by 1969 c.168 §1]

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ORS 552.305 Powers of districts generally. A water improvement district has full power to carry out the objects of its creation and to that end may

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ORS 552.310 Condemnation. The right to condemn property, pursuant to ORS 552.305 (4), shall include property already devoted to public use, including city, state and county property, which is less necessary than the use for which it is required by the district. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. However, the right of condemnation may not be exercised against any water right; against land or other property owned by a city supplying domestic water; a public utility as defined by ORS 757.005; against a telecommunications carrier as defined in ORS 133.721; against lands of a domestic water supply district organized under ORS chapter 264, an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a diking district organized under ORS chapter 551 or a corporation for the use and control of water organized under ORS chapter 554; or against property of the State of Oregon for highway purposes. [1969 c.606 §23; 1983 c.740 §216; 1987 c.447 §109; 1999 c.1093 §18]

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ORS 552.315 Right to enter and survey land. The district board, its officers, agents or employees shall have the right to enter upon any land in the manner provided by ORS 35.220 to make surveys for the purposes of the district. [1969 c.606 §15; 2003 c.477 §9]

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ORS 552.320 Operation of water works and sale of water; conditions. A water improvement district may

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ORS 552.325 Water charges; use of revenues; collection and enforcement. (1) The district board shall fix charges for water furnished for domestic, industrial and municipal purposes so that the water system is self-sustaining. All indebtedness incurred in the acquisition, construction, maintenance, operation and disposition of the system shall be paid from the revenue collected and from the proceeds of the disposition of the whole or any part of the water system. The district board may establish rates or charges to be paid by each person whose premises are served. The rates or charges may be fixed and classified according to the type of use and according to the amount of water used, and according to whether the property serviced lies within or without the boundaries of the district

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ORS 552.330 Water user regulations; enforcement; notice. A district may adopt and promulgate regulations concerning the use of water of the district. The district board may refuse to supply any building, place or premises with water when the user fails after five days’ written notice to comply with the regulations of the district. The written notice shall be by first-class mail or shall be posted in some conspicuous place on the building, place or premises to which the supply of water may be shut off. When the notice is mailed, it shall be considered given when it is deposited in the United States Post Office properly addressed with postage prepaid. [1969 c.606 §26; 1991 c.250 §2]

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ORS 552.340 [1969 c.606 §28; repealed by 1987 c.185 §7]

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ORS 552.345 User regulations; fees for use of facilities. A district shall have power

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ORS 552.350 Cooperation with the United States; water quality supervision subject to state authority. (1) A district has the power

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ORS 552.403 Watershed improvement plans; cooperation with Water Resources Commission. (1) A district shall, within a reasonable time after formation, prepare broad, general plans of watershed improvement. The plan may be prepared in cooperation with the Water Resources Commission and shall conform to the state water resources policy declared by ORS 536.220

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ORS 552.405 [Repealed by 1969 c.168 §1]

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ORS 552.408 District projects; engineering plans. Construction of district works may be undertaken on motion of the district board or when landowners of the district request the district board to do so. Upon initiation of a construction project, the district board shall obtain engineering plans for the project. [1969 c.606 §33; 1987 c.185 §4; 1989 c.182 §45]

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ORS 552.410 [Repealed by 1969 c.168 §1]

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ORS 552.413 Engineering plans prepared by other agencies. In lieu of obtaining engineering plans as provided by ORS 552.408, the district board may adopt as an engineering plan, any plans meeting the requirements of this chapter made by an agency of the federal government or the state, or proposed as project work plans by a soil and water conservation district in which lands within the water improvement district are located. [1969 c.606 §34; 1989 c.182 §46]

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ORS 552.415 [Repealed by 1969 c.168 §1]

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ORS 552.418 Notice of engineering plan; hearing; objections of landowners; approval or disapproval of plan. (1) Upon completion or adoption of the engineering plan, the district board shall cause notice to be given to the landowners that the plan, including the general report, may be inspected at the district office. The notice may be given by mail or by publication as the board determines

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ORS 552.420 [Repealed by 1969 c.168 §1]

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ORS 552.423 Advertising for bids on construction contract. After the approval of the engineering plan as provided by ORS 552.418 and before beginning the construction of any works, the district board shall give notice, by publication and otherwise, as it may consider advisable, calling for bids for the construction of such works, or any portion thereof. [1969 c.606 §36; 1989 c.182 §48]

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ORS 552.425 [Repealed by 1969 c.168 §1]

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ORS 552.428 Letting construction contract; contractor’s bond or letter of credit. After advertising for bids, the board shall let a contract for construction of the whole or any part of the project to the lowest responsible bidder; or the board may reject any or all bids and readvertise; or it may construct the project under its own superintendence. Good and sufficient bond, or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 running in favor of the district, shall be required of each contractor, conditioned that the contractor will well and truly comply with all the provisions of the contract and perform all work in accordance with the terms thereof. [1969 c.606 §37; 1991 c.331 §81; 1997 c.631 §491]

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ORS 552.433 Chief engineer of district to superintend work. If the district has a chief engineer, the chief engineer shall be superintendent of all the works and improvements and shall, whenever required, and at least once each year, make a full report to the district board of all work done and improvements. The chief engineer shall make such suggestions and recommendations to the board as the chief engineer considers proper. [1969 c.606 §38]

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ORS 552.438 Construction on public land or right of way, or along watercourse. (1) A district may construct works across or along any street or public highway, or over any lands which are property of this state, or any subdivision thereof. A district may construct its work across and along any stream of water or watercourse

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ORS 552.505 [Repealed by 1969 c.168 §1]

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ORS 552.510 [Repealed by 1969 c.168 §1]

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ORS 552.515 [Repealed by 1969 c.168 §1]

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ORS 552.603 Financing construction, operation or maintenance of district works. The district board may, in accordance with the order approving an engineering plan adopted under ORS 552.418, finance the construction, operation or maintenance of district works by

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ORS 552.605 [Repealed by 1969 c.168 §1]

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ORS 552.608 Assessment of cost of works against benefited land; hearing on proposed assessment. (1) All or part of the cost of building, constructing, purchasing, operating, maintaining and improving the district works described in an engineering plan adopted under ORS 552.408 or 552.413 may be assessed against the lands to be benefited by the works. The district board shall determine the portion of the cost, if any, that is to be paid from the general funds of the district and the portion that is to be paid by the lands benefited

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ORS 552.610 [Repealed by 1969 c.168 §1]

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ORS 552.613 Improvement bonds. If any portion of the cost of a district works is assessed against the property directly benefited, the district board may issue improvement bonds in the total amount of the valid applications it has received to pay assessments in installments as provided by ORS 223.205 and 223.210 to 223.295. [1969 c.606 §42; 1995 c.333 §19]

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ORS 552.615 [Repealed by 1969 c.168 §1]

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ORS 552.618 Effect of irrigation contract. No tract of land shall be considered to be benefited by the construction, operation, maintenance or improvement of irrigation works unless the owner of such land enters into an irrigation contract with the district. The irrigation contract shall be in such form as shall be prescribed by the district. Upon being executed the contract may be filed for record and the recording of the contract shall constitute notice that such lands are subject to assessments thereafter levied in accordance with the contract. [1969 c.606 §24; 1991 c.459 §428b]

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ORS 552.620 [Amended by 1955 c.707 §74; repealed by 1969 c.168 §1]

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ORS 552.623 Ad valorem tax levy, collection, enforcement. (1) Subject to ORS 552.625, a district may assess, levy and collect taxes each year on the assessed value of all taxable property within the limits of the district. The proceeds of the tax shall be applied in carrying out the purposes of this chapter

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ORS 552.624 Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §44]

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ORS 552.625 Maximum rate of tax levy; procedure to change rate. (1) Subject to subsection (2) of this section, a district shall not levy an ad valorem tax in any one year in excess of the maximum rate of levy authorized, which shall be stated in the petition for creation of the district, unless a change in the maximum rate is first approved by the electors. The rate of levy shall be stated in dollars and cents per thousand dollars of assessed value

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ORS 552.630 Service and user charges. (1) For the purpose of paying the costs of operation and maintenance of district works constructed under this chapter, the district board may by ordinance

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ORS 552.635 Levy to establish revolving fund; use of fund. For the purpose of establishing a revolving fund to provide money to finance the planning and construction of district works, a district board may levy an ad valorem tax of not to exceed in any one year three-twentieths of one percent (0.0015) of real market value of all taxable property within the district. The revenue derived from such taxes shall be credited to a revolving fund, and shall be disbursed by the district board and used only for the purpose for which levied. [1969 c.606 §46; 1991 c.459 §429]

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ORS 552.645 General obligation bonds. (1) For the purpose of carrying into effect any of the powers granted by this chapter, a district, when authorized at any properly called election held for the purpose, has the power to borrow money, and sell and dispose of general obligation bonds. Outstanding bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the district

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ORS 552.655 Refunding bonds. Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the district board without submitting to the electors the question of authorizing the issuance of the bonds. [1969 c.606 §48]

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ORS 552.660 Process for issuance of bonds. All general obligation bonds, including refunding bonds, issued under ORS 552.645 to 552.660 shall be issued as prescribed in ORS chapter 287A. [1969 c.606 §49; 2007 c.783 §219]

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ORS 552.670 Loan contracts with state or federal agencies. (1) If authorized by its electors, a district may enter a loan contract with a state or federal agency. The loan contract shall be in such form and shall contain such terms as may be agreed upon by the agency and the district. The district may agree to levy assessments against each tract of land benefited, to do all acts and things necessary therefor, to assign to the lending agency the assessments as security for the loan and to perform all such acts within such period of time as may be agreed to between the district and the state or federal lending agency

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ORS 552.710 Subdistrict procedure; authority. (1) When a district has adopted a plan under ORS 552.403, subdistricts may be created as provided by this section

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ORS 552.720 Dissolution of irrigation, drainage or water control district and transfer of assets and liabilities to water improvement district. (1) Any district organized or operating under ORS chapter 545, 547 or 553 may dissolve and transfer its property and other assets and liabilities to a water improvement district which will undertake to furnish service to the inhabitants of the dissolving district

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ORS 552.730 [1969 c.606 §11; repealed by 1971 c.647 §149]

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ORS 552.740 Notice requirements. When notice is required by this chapter to be given by publication, the notice shall be published in a newspaper of general circulation in the district, or if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. Notice of a hearing to be held before the district board or the county board shall be published once each week for four consecutive weeks, making four publications, and the last publication shall be at least five days before the date set for the hearing. All other notices required to be published under this chapter shall be published once each week for two consecutive weeks, making two publications, and the last publication shall be at least five days before the date of the event for which the notice is given. This section does not apply to provision of notice for an election. [1969 c.606 §12; 1971 c.647 §119; 1983 c.350 §304]

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ORS 552.750 Election laws applicable. (1) ORS chapter 255 governs the following

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