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

(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…

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 …

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 sur…

Every state agency acquiring land within the boundaries of an irrigation district shall: (1) Pay all assessments and other charges that may be lawfully charged by the irrigation district and that are chargeable to the owner or occupier of the land; or (2) File with the board of d…

(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 …

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…

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 …

(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 vo…

(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 p…

(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 a…

(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 practica…

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 perso…

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…

(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: (a) The whole number of votes cast in the district and in each division of the district. (b) The names of th…

(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. (2) At an election by mail held for the purpose o…

(1) In any irrigation district in which the board of directors is elected at large, the district may be subdivided for the election of directors when: (a) In the judgment of the board it is necessary or beneficial to the welfare of the district; or (b) There is filed with the boa…

(1) At the district election next following the dividing of the district into divisions, the office of the director whose term expires the following January shall be filled by election of a director from the newly created division which is without representation on the board. (2)…

For the purpose of elections in such district, the board of directors must establish a convenient number of election precincts in the divisions and define the boundaries of the precincts. An entire subdivision of a district may be designated as a single election precinct. For pur…

(1) Except as provided in subsection (2) of this section, on the first Tuesday in January next following their election, the board of directors shall meet and organize as a board. In organizing as a board, the directors shall: (a) Elect a president from among the directors and ap…

The board shall fix the compensation to be paid to the other officers and employees of the district. The board may pay, from the funds of the district, annual membership fees and assessments to irrigation, drainage or water users’ associations. [Formerly 545.066]

The board of directors shall hold a regular monthly meeting in its office. The time of the regular monthly meeting shall be fixed by resolution of the board at the regular annual organizational meeting required by ORS 545.181. Special meetings required for the proper transaction …

If a director of an irrigation district ceases to be a resident of the State of Oregon or ceases to be an owner, or a shareholder of a corporate owner, of land that is subject to the charges or assessments of the district situated in the division from which the director was elect…

If the office of director of a board of directors of an irrigation district becomes vacant for any reason, notwithstanding ORS 198.320, the remaining directors on the board shall: (1) If the district has been divided, appoint a resident of the State of Oregon who is a bona fide o…

(1) A district director may be recalled as provided in ORS 198.410 to 198.440, except that the recall petition shall be signed by a number of persons who are qualified to vote in the district, or in the subdivision of the district from which the director was elected, that is equa…

(1) An irrigation district may increase the number of its board of directors from three to five members when: (a) In the judgment of the board of directors, it is necessary or beneficial to the welfare of the district; or (b) Fifty or more qualified electors within the district f…

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…