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

The procedure in the circuit court under ORS 545.629 to 545.637 shall be in the nature of an equitable proceeding in rem. Any holder of evidences of indebtedness affected by any court procedure under ORS 545.629, 545.631, 545.633, 545.635 and 545.637, or any other interested part…

An irrigation district desiring to become a party to any contract providing a plan for the liquidation in any manner of all or part of its outstanding bonded or other indebtedness, whether then due or not due, may adopt the procedure provided by ORS 545.643 to 545.667. The proced…

(1) Notwithstanding any other statute expressly or impliedly limiting the powers of the parties named in this section to enter into a contract, a contract under ORS 545.643 to 545.667 may provide a plan for liquidation of any indebtedness by the district to which the parties may …

Upon the execution and delivery of the contract, the board of directors shall cause it to be recorded in the records of mortgages in the counties in which any part of the lands covered by the contract are located. Upon recordation, the contract shall become effective in accordanc…

After the execution, delivery and recording of a contract as described and authorized in ORS 545.645 and 545.647, the irrigation district and all other parties to the contract, their successors, heirs, executors, administrators and assigns, may become parties to a new contract in…

(1) For the purpose of obtaining constructive consent of the unknown owners or holders of the bonds or other evidences of indebtedness, who have not either personally or through a protective committee become party to the contract executed in accordance with ORS 545.643 to 545.667…

(1) Upon presentation of the petition to the court, the court shall authorize the district to publish a notice describing in substance the terms and conditions of the contract. The district shall cause the notice to be published, for at least four consecutive weeks in three newsp…

(1) After 90 days from the date of the first publication of the notice, the district shall file in the proceeding in the circuit court its verified return of its acts made under the order of the court. The district shall attach affidavits of the publication of the notice in three…

The procedure in the circuit court under ORS 545.651, 545.655 and 545.659 shall be in the nature of an equitable proceeding in rem. Any owner or holder of evidences of indebtedness affected by the court proceeding or any other interested party may appeal to the Court of Appeals a…

The State Treasurer may act as depository for any purposes under ORS 545.643 to 545.667. All warrants, bonds or other evidences of indebtedness may be deposited with the State Treasurer for safekeeping. [Formerly 545.332] ADDITIONAL METHOD OF LIQUIDATING INDEBTEDNESS

Any irrigation district desiring to become a party to any contract providing a plan for the liquidation in any manner of all or part of its outstanding bonded or other indebtedness, whether then due or not due, may choose to adopt the procedure provided by ORS 545.671 to 545.679.…

Notwithstanding any other statute expressly or impliedly limiting the powers of the parties named in this section to enter into a contract, a contract under ORS 545.671 to 545.679 may provide a plan for liquidation of any indebtedness of the district to which all the parties may …

(1) All parties described in this section are authorized to become party to, sign, seal, execute and deliver a contract agreed upon under ORS 545.671 to 545.679. The parties shall include: (a) The irrigation district; and (b) The owners or holders of at least 66-2/3 percent in am…

The contract provided for in ORS 545.671 to 545.679 may be entered into by the district by its board of directors when a majority vote of the electors of the district authorizes the contract. [Formerly 545.358]

Upon execution and delivery of a contract under ORS 545.671 to 545.679, the board of directors shall cause the contract to be recorded in the records of mortgages in the counties in which the lands covered by the contract are located. After recordation of the contract, the contra…

(1) Claims against the district shall be submitted to the board upon vouchers. Upon order of the board the president and secretary shall draw warrants in payment of the claims. The county treasurer shall pay the warrants, if there are funds available for that purpose. If funds ar…

(1) The board of directors of an irrigation district may withdraw from any moneys deposited on behalf of the district an amount designated by the board and deposit it in an account with any insured institution, as defined in ORS 706.008, that is approved by the board to be mainta…

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 …