justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 545 — Irrigation Districts

ORS 545.655. Notice of petition and terms of contract; failure to file dissent; effect. (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 newspapers published within Oregon and designated by the court. One of the newspapers must be published in the county in which the office of the board is located, if such a newspaper exists. (2) The notice shall contain a general description of the evidences of indebtedness to be liquidated and the amount of indebtedness. The notice shall require all holders of the evidences of indebtedness to file in the proceeding their written dissent from or objection to the contract. The notice shall also state that if such dissent is not filed in writing in the court within 90 days from the date of the first publication of the notice, the owners or holders of the evidences of indebtedness failing to file their dissent or objections shall be considered to have consented to all the terms and conditions of the liquidation of the indebtedness as provided in the contract. Failure within the 90-day period to file dissent and objections with the court shall be the equivalent of the signing, execution and delivery of the contract either personally or through the agency of the protective committee by the known consenting owners or holders of the evidences of indebtedness. [Formerly 545.322]
ORS Chapter 545 — Irrigation Districts

ORS 545.656. [Repealed by 1973 c.415 14]
ORS Chapter 545 — Irrigation Districts

ORS 545.658. [Repealed by 1973 c.415 14]
ORS Chapter 545 — Irrigation Districts

ORS 545.659. Hearing on petition; judgment; trustee. (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 newspapers. After the district files its verified return, the court shall hear the cause and shall enter a judgment providing that all the owners or holders of the evidences of indebtedness who have not, within 90 days after the date of the first publication of the notice, filed in the court their written dissent and objections to the proceedings and contract, have consented to their evidences of indebtedness being liquidated in accordance with the terms of the contract. (2) In the judgment, the court shall direct that the pro rata part of the cash received that, under the contract, belongs to the owners or holders of the evidences of indebtedness whose consent was obtained by the court proceedings be deposited with the county treasurer of the county in which the office of the district is located. The county treasurer shall be trustee for the persons entitled to the moneys. The court shall direct the deposit to be made by the officers of the district, the landowners within the district or the protective committee acting for the consenting owners or holders, as the court may consider most expedient and practicable under the terms of the contract. (3) The judgment shall also provide that, upon the payment of the money to the county treasurer as trustee, the evidences of indebtedness held by the owners or holders shall be considered paid and no longer shall be an obligation as provided in the contract. The judgment shall further provide that, upon surrender to the county treasurer of the bonds with the unpaid interest coupons or other evidences of indebtedness, the county treasurer shall pay on demand to the owners or holders their pro rata part of the moneys deposited with the county treasurer as trustee. When paid in accordance with the contract, the county treasurer shall mark the evidences of indebtedness canceled and deliver the evidences of indebtedness to the district. (4) All owners or holders of the evidences of indebtedness to be liquidated shall be considered to have notice of all steps taken and proceedings under ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.660. [Repealed by 1973 c.415 14]
ORS Chapter 545 — Irrigation Districts

ORS 545.662. [Repealed by 1973 c.415 14]
ORS Chapter 545 — Irrigation Districts

ORS 545.663. Nature of proceeding; appeal; nonprejudicial errors; costs. 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 at any time within 30 days after issuance of the judgment of the circuit court. The appeal must be heard and determined within three months from the time of taking the appeal. The court, in inquiring into the regularity, legality or correctness of the proceedings, shall disregard any error, irregularity or omission that does not affect the substantial rights of the parties. The Court of Appeals may approve the proceedings in part and disapprove the remainder. The costs of the proceedings may be allowed and apportioned between the parties in the discretion of the court.
ORS Chapter 545 — Irrigation Districts

ORS 545.664. [Repealed by 1973 c.415 14]
ORS Chapter 545 — Irrigation Districts

ORS 545.666. [Repealed by 1973 c.415 14]
ORS Chapter 545 — Irrigation Districts

ORS 545.667. describing all the terms and conditions of the proposed contract and requesting the Water Resources Commission to make an investigation of all matters relating to the district, with particular reference to the ability of the district or the landowners in the district to perform the obligations of the proposed contract. Upon receipt of a copy of the resolution, the Water Resources Commission shall conduct the investigation, which shall include all physical, economic and financial matters relating to the district and the irrigable acreage of each legal subdivision or other described tract of land if held in separate ownership. If, after the investigation, the Water Resources Commission determines that the contract may prudently be executed by the district, the Water Resources Commission shall advise the district of its determination by adopting a resolution of the commission to that effect. [Formerly 545.312]
ORS Chapter 545 — Irrigation Districts

ORS 545.671. 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 contract shall become effective in accordance with its terms. As of the effective date agreed upon in the contract, the rights, privileges, liabilities and obligations of all parties to the contract, as described in the contract, shall govern and control all the parties in lieu of all statutory rights, privileges, liabilities and obligations previously governing and controlling the parties in the premises. [Formerly 545.360] CLAIMS AGAINST DISTRICTS
ORS Chapter 545 — Irrigation Districts

ORS 545.673. Terms of contract. 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 agree. The contract may provide for terms of discount of the principal and interest, times and manner of payment and apportionment of the obligations of the contract over the irrigable or other lands. The contract may also provide for the manner and method of making assessments for payment of the principal and interest agreed to be paid, and for the issuance of certificates or other evidences of participation in the contract by the owners or holders of evidences of indebtedness of the district. The contract may contain a provision permitting the release of any land in the district from any lien created by the contract to secure the payment of the obligations of the contract as to that land or relieving any land in the district from any obligation to pay any assessment thereafter levied for the purpose of meeting the obligations or interest accruing under the contract. The contract may provide that the release or relief of land from liens or obligations under the contract may be done by payment to the district of an amount of money as provided in the contract, or by delivery of bonds or coupons or other evidence of participation in the contract. [Formerly 545.354]
ORS Chapter 545 — Irrigation Districts

ORS 545.675. Parties to contract; execution. (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 amount of the then outstanding bonds or other evidences of indebtedness of the district, the liquidation of which is the purpose of the contract. The owners or holders jointly may become party to the contract through the agency of a protective or bondholders committee selected for that purpose by the owners or holders of outstanding bonds or other evidences of indebtedness. (2) The contract shall be executed by all parties with such formalities as will entitle it to be recorded. [Formerly 545.356]
ORS Chapter 545 — Irrigation Districts

ORS 545.677. Election authorizing directors to enter into contract. 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]
ORS Chapter 545 — Irrigation Districts

ORS 545.679. to a contract under ORS 545.671 to 545.679, the board of directors shall adopt a resolution substantially describing all the terms and conditions of the proposed contract. [Formerly 545.352]
ORS Chapter 545 — Irrigation Districts

ORS 545.683. Submission of claims to board; drawing of warrants; payment; lack of funds; interest on warrants; debts payable by warrants; receipt of warrants, bonds and interest coupons in payment of charges; amount of outstanding warrants; monthly report of district finances. (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 are not available, the treasurer shall so indorse the warrants. From the date of the indorsement the warrants shall bear interest at a rate not exceeding six percent per annum until paid or until notice has been given that funds are available for payment of the warrants. Except for payments that may be made by irrigation district bonds, the warrants shall be drawn in payment of any debt, liability or obligation incurred in carrying out the Irrigation District Law. (2) The warrants shall be receivable by the tax collector when tendered in payment of maintenance charges levied against lands in the district that issued the warrants. The tax collector shall also receive any past due bond or any past due interest coupon from any bond of the district in payment of any assessment made for the purpose of paying the bonds or bond interest of the district. The total amount of outstanding warrants for the payment of which there are no funds available shall not exceed $5 per acre for each acre in the district. (3) On the first Tuesday in each month, the county treasurer shall report to the board, in writing, the amount of money in the several funds of the district, the amount of receipts for the month preceding, and the amount of items of expenditures. The report shall be verified and filed with the secretary of the board. [Formerly 545.562]
ORS Chapter 545 — Irrigation Districts

ORS 545.685. Establishing bank account for payment of labor and emergency expenses. (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 maintained in the name of the district for the purposes set forth in subsection (2) of this section. (2) The account established under this section shall be used for the payment of any claims arising out of labor and emergency expenses incurred by the district during any month. Moneys may be withdrawn from the account by: (a) Check or draft signed by at least two individuals authorized to do so by the board of directors; or (b) Electronic funds transfers authorized by the board and initiated by at least two individuals authorized by the board. (3) The expenditures made shall be ratified and audited by the board at each regular meeting. (4) As used in this section, electronic funds transfer has the meaning given that term in ORS 293.525.
ORS Chapter 545 — Irrigation Districts

ORS 545.990. [Repealed by 1969 c.344 8] CHAPTER 546 [Reserved for expansion] _______________
ORS Chapter 552 — Water Improvement Districts

ORS 552.005. [Repealed by 1955 c.707 75]
ORS Chapter 552 — Water Improvement Districts

ORS 552.010. [Repealed by 1955 c.707 75] GENERAL PROVISIONS
ORS Chapter 552 — Water Improvement Districts

ORS 552.013. Definitions. As used in this chapter, except when the context requires otherwise: (1) County board means the county court or the board of county commissioners of a county. (2) District means a water improvement district proposed or created under this chapter. (3) District board means the board of directors of a district. (4) Engineering plan means the plans and specifications for the works to be constructed including: (a) Maps, profiles, plans and other data necessary to show the location and character of the work, and the property benefited, taken or damaged; (b) All rights of way or other property which may be required for the construction of the works; and (c) Estimates of the cost of the works and of the benefits and damages which will accrue to each tract of land upon the construction of the works. (5) Filed for record means to file a document for recording with the county clerk of each county in which the lands within a district are located. (6) Land or tract of land means real property, together with improvements thereon, within a district. (7) Landowner, owner, owner of land and owner in fee are synonymous and mean a person owning a tract of land situated within a district. The vendee named in a bona fide contract of sale of a tract of land situated within a district shall be considered a landowner to the exclusion of the vendor. When two or more persons own a tract of land as tenants in common or by the entirety, each person shall be regarded as a landowner. (8) Real market value means real market value computed in accordance with ORS 308.207. (9) Works means dams, storage reservoirs, canals, ditches, dikes, levees, revetments, and all other structures, facilities, improvements and property necessary or convenient for draining land, controlling flood or surface waters, or supplying water for irrigation, domestic supply or other purposes.
ORS Chapter 552 — Water Improvement Districts

ORS 552.015. [Amended by 1955 c.707 71; renumbered 552.025]
ORS Chapter 552 — Water Improvement Districts

ORS 552.020. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.025. [Formerly
ORS Chapter 552 — Water Improvement Districts

ORS 552.105. [Repealed by 1969 c.168 1] ORGANIZATION OF DISTRICT
ORS Chapter 552 — Water Improvement Districts

ORS 552.108. Creation of water improvement district; purposes; limitation. (1) A water improvement district may be created as provided by this chapter for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining drainage, irrigation, and flood and surface water control works in order to prevent damage and destruction of life and property by floods, to improve the agricultural and other uses of lands and waters, to improve the public health, welfare and safety, to provide domestic or municipal and industrial water supply, to provide water-related recreation and for the purpose of enhancing water pollution control, water quality, and fish and wildlife resources. (2) Nothing in this chapter grants to a district the power to generate, distribute, transmit or sell electricity or to sell water or falling water to any person to generate electricity.
ORS Chapter 552 — Water Improvement Districts

ORS 552.110. [Amended by 1955 c.707 72; repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.113. Water rights protected; minimum acreage requirement; withdrawal procedure for city or other special districts. (1) This chapter shall not be construed to affect, amend or repeal any other law of Oregon or to affect or impair the vested rights of any person or public body as defined in ORS 174.109 to the use of water or rights in the use of water. (2) A water improvement district formed under this chapter shall include not less than 1,000 acres of land. Lands located within the boundaries of a city, domestic water supply corporation, irrigation district, drainage district or other similar special district providing water for use or water control may be included within the boundaries of a water improvement district without the consent of the city or other district. (3)(a) If any part of a city or other special district is included within the boundaries described in a petition for creation of a district or for annexation of territory to a district, within three days after the petition is filed, the petitioners shall notify the city or other district of the filing of the petition. (b) The city or other district may withdraw the territory within its boundaries from the proposed water improvement district or annexation by describing the area within the city or other district in a resolution and filing the resolution with the county board within 90 days after the filing of the petition. If a withdrawal is so filed, the area within the city or other district shall not be included within the proposal.
ORS Chapter 552 — Water Improvement Districts

ORS 552.115. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.118. Petition contents. In addition to other matters the petition for formation of a district shall include: (1) An estimate of the acreage of land within the district and an estimate of the acreage within each county if the district is located in more than one county; and (2) The maximum rate of any ad valorem tax, if any, that may be levied by the district as permitted by ORS 552.625.
ORS Chapter 552 — Water Improvement Districts

ORS 552.120. [Amended by 1955 c.707 73; repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.125. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.130. [Repealed by 1955 c.707 75]
ORS Chapter 552 — Water Improvement Districts

ORS 552.133. Election on formation. If an election is called on the question of formation, it shall be held on a date specified in ORS 255.345. An order creating a district shall include the maximum rate of any ad valorem tax levy for the district.
ORS Chapter 552 — Water Improvement Districts

ORS 552.135. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.138. Status of final order; time for protest. (1) No final order creating a district shall be set aside, or annulled upon appeal or review, on account of any defect or irregularity in the petition asking for organization of the district, or notice of hearings thereon, which does not materially affect the substantial rights of an interested party. (2) No proceeding may be maintained contesting the validity of the creation of a district unless instituted within 90 days after the entry of the final order of the county board.
ORS Chapter 552 — Water Improvement Districts

ORS 552.140. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.143. Proceedings to test validity of order or act of district board. (1) In addition to the proceeding a district is authorized to bring under ORS 33.710 and 33.720, any landowner or elector of a district may bring a like proceeding in the circuit court of the county where the lands within the district, or the greater portion thereof, are situated, to determine the validity of any order or the performance of any act mentioned in ORS 33.710, for which a contest is by that section provided. In such a proceeding the district board shall be made parties defendant. (2) Service of summons shall be made on the members of the board personally if within the county where the district, or any part thereof, is situated. As to any directors not within the county, service may be had by publication of summons for a like time, and in like manner, as is provided by ORS 33.720. Jurisdiction shall be complete within 10 days after the date of completing publication of notice. (3) The proceeding shall be tried and determined in the same manner as proceedings brought by the district.
ORS Chapter 552 — Water Improvement Districts

ORS 552.145. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.150. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.155. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.160. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.165. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.170. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.175. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.180. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.185. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.205. [Repealed by 1969 c.168 1] BOARD OF DIRECTORS
ORS Chapter 552 — Water Improvement Districts

ORS 552.208. Election of first board of directors; number; qualifications; terms; change of number of directors. (1) Electors of a district shall elect a board of directors whose number shall be fixed at five, seven or nine by the county board at the proceedings on formation. Directors shall be owners of land within the district. The directors need not reside within the district. (2) Each director shall be elected for a term of four years except the directors elected on creation of the district. The directors first elected shall determine their terms by lot as follows: (a) If there are nine directors, the terms of four shall expire June 30 next following the first regular district election and the terms of five shall expire June 30 next following the second regular district election. (b) If there are seven directors, the terms of three shall expire June 30 next following the first regular district election and the terms of four shall expire June 30 next following the second regular district election. (c) If there are five directors, the terms of two shall expire June 30 next following the first regular district election and the terms of three shall expire June 30 next following the second regular district election. (3) The board of directors shall fill any vacancy on the board as provided in ORS 198.320. (4) The board or 10 or more landowners may petition the county board to change the number of directors on the district board. If the county board acts favorably on the petition, it shall enter an order which designates the terms of office of the five, seven or nine directors in general accordance with this section so that the number remaining on the district board will be divided into two equal or approximately equal groups as to terms. The change in the number of board members shall take place on July 1 next following the order.
ORS Chapter 552 — Water Improvement Districts

ORS 552.210. [Repealed by 1969 c.168 1]
ORS Chapter 552 — Water Improvement Districts

ORS 552.215. [Repealed by 1969 c.168 1]