justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 540 — Distribution and Storage of

ORS 540.660. Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate; procedures for cancellation of right. (1) If a watermaster has reason to believe that circumstances exist that prevent a water right from being exercised according to the terms and conditions of the water right certificate issued under ORS 537.250 or 539.140, such as the land to which the water right is appurtenant is covered by an impermeable surface, or the diversion mechanism used to appropriate water under a water right is no longer operable, the watermaster shall file an affidavit with the Water Resources Director. The affidavit shall state that to the best of the watermasters knowledge, there is no physical way the water may be applied to a beneficial use in accordance with the terms and conditions of the water right certificate. (2) If the watermaster files an affidavit under subsection (1) of this section each year for five consecutive years, the affidavits shall constitute prima facie evidence that the water has not been applied to a beneficial use for five years and the Water Resources Commission shall initiate proceedings under ORS 540.631 to cancel the water right. (3) The Water Resources Department shall provide notice of the affidavit filed with the Water Resources Director under subsection (1) of this section. The department shall provide such notice in the following manner: (a) If there are 25 or fewer record owners of the land, the department shall mail a copy of the affidavit to each record owner. (b) If there are more than 25 record owners, the department shall provide general notice by publication according to the procedures established in ORS 193.010 to 193.100. (c) If the land is within the boundaries of an irrigation district, the department shall mail a copy of the affidavit to the irrigation district. (4) As used in this section, record owner means the person shown as the owner of the land in the county deed records established under ORS chapter 93.
ORS Chapter 540 — Distribution and Storage of

ORS 540.670. Effect of cancellation of primary water right on supplemental right; change from supplemental to primary right; priority date. (1) The cancellation of a primary water right for nonuse under ORS 540.641 shall not also cancel a supplemental water right unless the supplemental water right also has not been used beneficially for five or more years. (2) If the Water Resources Commission cancels a primary water right under ORS
ORS Chapter 540 — Distribution and Storage of

ORS 540.710. Interference with headgate, or use of water denied by watermaster or other authority; evidence of guilt. No person shall willfully open, close, change or interfere with any lawfully established headgate or water box without authority, or willfully use water or conduct water into or through the ditch of the person which has been lawfully denied the person by the watermaster or other competent authority. The possession or use of water when the same shall have been lawfully denied by the watermaster or other competent authority shall be prima facie evidence of the guilt of the person using it.
ORS Chapter 540 — Distribution and Storage of

ORS 540.720. Unauthorized use or waste of water; evidence of guilt of user. No person shall use without authorization water to which another person is entitled, or willfully waste water to the detriment of another. The possession or use of such water without legal right shall be prima facie evidence of the guilt of the person using it.
ORS Chapter 540 — Distribution and Storage of

ORS 540.730. Obstruction interfering with access to or use of works. Whenever any appropriator of water has the lawful right of way for the storage, diversion, or carriage of water, no person shall place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto.
ORS Chapter 540 — Distribution and Storage of

ORS 540.740. Injunctive relief against action of watermaster. Any person who may be injured by the action of any watermaster may appeal to the circuit court for an injunction. The injunction shall only be issued in case it can be shown at the hearing that the watermaster has failed to carry into effect the order of the Water Resources Commission or decrees of the court determining the existing rights to the use of water. [Amended by 1985 c.673 100]
ORS Chapter 540 — Distribution and Storage of

ORS 540.750. Injunction suits; notice; hearing. In suits for injunction affecting the use of water from streams upon which the rights to water have been determined, no restraining order shall be granted before hearing had after at least three days notice thereof, served upon all parties defendant. All suits for injunction involving the use of water shall be heard, either in term time or during vacation, not later than 15 days after issues joined, unless for good cause shown further time be allowed. PENALTIES
ORS Chapter 540 — Distribution and Storage of

ORS 540.990. Criminal penalties. (1) Violation of any provision of ORS 540.440 is a Class C misdemeanor. (2) Violation of any provision of ORS 540.570 (5), 540.710, 540.720 or 540.730 is a Class B misdemeanor. (3) Failure to comply with a final order issued under ORS 540.461 (4), or with an order issued by an appellate court on appeal from a final order under ORS
ORS Chapter 540 — Distribution and Storage of

ORS 540.995. Civil penalties. (1) The Water Resources Director may impose a civil penalty of not more than $2,000 per occurrence for a violation of ORS 540.449, 540.452 or 540.482. (2) The Water Resources Director may impose a civil penalty, not to exceed $500, by order as provided under ORS 540.467. If a violation of an order under ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.001. Short title. This chapter may be referred to as the Irrigation District Law.
ORS Chapter 545 — Irrigation Districts

ORS 545.002. Definitions. As used in this chapter: (1) Board or board of directors means the governing body of a district. (2) District means an irrigation district organized or operating under this chapter. (3) Owner of land or elector includes every person 18 years of age or older, whether a resident of the district or state or not, who is an owner or a vendee under a contract of purchase of land situated within the district and subject to the charges or assessments of the district.
ORS Chapter 545 — Irrigation Districts

ORS 545.008. [Amended by 1995 c.42 6; renumbered 545.033 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.016. [Amended by 1969 c.345 12; repealed by 1989 c.182 49]
ORS Chapter 545 — Irrigation Districts

ORS 545.020. [Amended by 1995 c.42 45; renumbered 545.203 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.024. [Amended by 1995 c.42 47; renumbered 545.211 in 1995] FORMATION OF DISTRICTS
ORS Chapter 545 — Irrigation Districts

ORS 545.029. Hearing of petition by county court; authority as to boundaries of district; lands included; order; formation of district without election. (1) When the petition for formation of an irrigation district is filed, the county court shall hold the hearing required under ORS 545.025 (6). The county court may adjourn the hearing from time to time, but the hearing shall not be extended over a period exceeding four weeks. At the end of the hearing, the county court may make such changes in the proposed boundaries as the court may find proper, and shall establish and define the boundaries, subject to the following: (a) An irrigation district may not include land that is located within a city or platted subdivision and that is chiefly available for residence purposes. The restriction imposed by this paragraph is expressly limited to residence property, and all lands, whether wholly or partially within any city or platted subdivision, used or suitable for agricultural or horticultural purposes and not platted in tracts of less than one acre, may be included in a district. However, if an irrigation district is formed as a successor district to another water supply entity and if that entity provides water for irrigation to land within any city or platted subdivision, the restriction imposed by this paragraph does not apply to such land that is served by the water supply entity at the time of formation of the irrigation district. (b) The county court shall not modify the boundaries so as to exclude any territory within the boundaries of the district proposed by the petitioners that is susceptible to irrigation by the same system of works applicable to other lands in the proposed district. (c) In the discretion of the county court, an owner of land that is susceptible to irrigation from the same system of works may, upon written application of the owner, have the land included in the district. (2) At the end of the hearing, the county court shall make and enter an order determining whether the requisite number of owners of the land within the proposed district have petitioned for its formation, and whether the notice required under ORS 545.025 (6) has been duly published. (3) If the county court finds that the petition is signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district and if the only modifications of district boundaries are at the request of owners of land seeking inclusion under subsection (1)(c) of this section, the county court shall enter an order creating the district and the election otherwise required by ORS 545.037 shall not be held. If the petition for formation also names persons desired as members of the first board of directors of the district and those persons have agreed in writing to serve as directors, the order shall declare those persons to be the directors of the district. [Formerly 545.006]
ORS Chapter 545 — Irrigation Districts

ORS 545.033. Naming and division of districts. (1) The order of the county court shall designate the name of the district. The name of the district may be changed by the county court at any time thereafter upon petition of the board of directors of the district accompanied by either the consent, in writing, of a majority of the owners of lands within the district or by the certificate of the secretary of the district certifying that, at a regular or special election called and held in the district for any purpose provided by law, the proposed change of name was approved by a majority of the electors voting upon the question of change of name. The secretary of the district shall cause a certified copy of the order to be recorded in the office of the county clerk of the county or counties in which the district is located. (2) If the petition provides for a five-member board of directors or provides for a three-member board of directors for a subdivided district, the county court shall divide the district into the required number of divisions. Each division shall be as nearly equal as practicable in the number of acres that will be subject to the charges or assessments of the district. The county court shall define and particularly describe division boundaries and make use, insofar as may be desirable, of any natural boundaries that may exist in the district. The divisions shall be numbered.
ORS Chapter 545 — Irrigation Districts

ORS 545.034. [Amended by 1995 c.42 35; renumbered 545.149 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.036. [Amended by 1995 c.42 36; renumbered 545.153 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.037. Notice of election for determining organization of district; contents; publication; mailing. (1) Except when an election is not required as provided in ORS 545.029 (3), the county court shall give notice of an election to be held in the proposed district for the purpose of determining whether or not the district shall be organized under the Irrigation District Law and for the purpose of electing an initial board of directors. The notice shall describe the boundaries established for the district. However, if the county court, in the order defining the boundaries, orders that they need not be described in the notice, the notice shall refer to and incorporate by reference the boundaries established by the order of the county court under ORS 545.029 and on file in the office of the county clerk of the county in which the district is located. The notice shall designate the name of the proposed district, state the date of the election, the board positions to be voted upon and the latest date on which candidates for election as board members may file petitions for nomination. The notice shall be published once each week, commencing not later than the 50th day before the election, for at least four consecutive weeks in a newspaper of general circulation in the county. If any portion of the district lies within another county, then the notice shall be published in a newspaper of general circulation in each county in the same time and manner. The notice shall require the electors to cast ballots which contain the words Irrigation District Yes, and Irrigation District No, or equivalent words. During the period in which the notice is published, the county clerk shall send a copy of the notice by registered mail or by certified mail with return receipt to each owner of land identified in the petition for formation under ORS 545.025 (5) who has not joined in the petition for organization of the district. The provisions of this subsection relating to mailing notices are directory and not jurisdictional. (2) In lieu of including a description of the lands within a district or the boundaries of a district in the notice of election, the county court or board of directors calling an election in an irrigation district may direct that the notice refer to the order calling the election and incorporate by reference the description of the district boundaries contained in the order. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.038. (Elections by Mail)
ORS Chapter 545 — Irrigation Districts

ORS 545.040. [Repealed by 1995 c.42 184]
ORS Chapter 545 — Irrigation Districts

ORS 545.041. Conduct of election; contents of nominating petition; verification of electors by county assessor; order declaring result; inclusion of portion of district in another district; commencement of duties by directors. (1) The election shall be conducted, as nearly as practicable, in accordance with the general election laws of the state, except that the provisions of the election laws as to the form of ballot and as to the nomination of candidates shall not apply. No particular form of ballot shall be required. An absent elector may obtain a ballot and vote, as nearly as practicable, in the manner provided for absent electors in ORS chapter 253. (2)(a) Nominations for candidates for the board of directors may be made by petition, signed by at least 10 electors in the proposed district or division who are qualified to vote for the directors nominated by them. Nominations may also be made at an assembly of not less than 25 electors. (b) Not more than one of the electors of a multiple ownership as described in ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.045. [1993 c.771 2; 1995 c.42 38; 1995 c.607 86; renumbered 545.163 in 1995] CHANGE OF DISTRICT BOUNDARIES (Generally)
ORS Chapter 545 — Irrigation Districts

ORS 545.051. Change of boundaries authorized; effect on existing rights and liabilities. The boundaries of any irrigation district organized under the Irrigation District Law may be changed in the manner prescribed in ORS 545.051 to 545.126. However, a change in the boundaries of a district shall not impair or affect its organization, its right in or to property or any of its other rights or privileges of whatever kind or nature. The change in the boundaries of a district shall not affect, impair or discharge any contract, obligation, lien or charge for or upon which the district was liable or chargeable had such change of its boundaries not been made. [Formerly 545.582] (Addition of Land)
ORS Chapter 545 — Irrigation Districts

ORS 545.057. Petition for inclusion of lands within district. The holders of title, or evidence of title, representing a majority of the acreage of any body of land adjacent to the boundaries of any irrigation district may file with the board of directors of the district a written petition requesting that the body of land be included in the district. For purposes of this section, the body of land may include or consist of one or more parcels of less than one acre, without regard to whether or not the parcels are city lots or tracts of a platted subdivision or are chiefly available for residence purposes. When the body of land is located within the boundary of a city, the petition shall be approved by the governing body of the city before presentation to the board of directors. The petition shall describe the tracts or body of land owned by the petitioners. Reference to the assessors map and tax lot number is sufficient for the description of lands required under this section. The petition shall give assent of the petitioners to the inclusion into the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
ORS Chapter 545 — Irrigation Districts

ORS 545.059. Notice of petition; publication; deposit for costs. The secretary of the board of directors shall cause notice of the filing of the petition to be given and published once each week, for three successive weeks, in a newspaper published in the county where the office of the board is situated. The notice shall state the filing of the petition, the names of the petitioners, a description of the lands mentioned in the petition, and the request of the petitioners. The notice shall also contain a statement indicating that all interested persons may appear at the office of the board at the time named in the notice and show cause why the petition should not be granted. The time specified in the notice shall be the time of the next regular meeting of the board after the expiration of the time for publication of the notice. However, before the secretary of the board is required to give notice, the petitioners must advance to the secretary sufficient money to pay the estimated cost of all proceedings under the petition. [Formerly 545.586]
ORS Chapter 545 — Irrigation Districts

ORS 545.061. Hearing on petition. The board of directors, at the time and place mentioned in the notice, or at some other time to which the hearing of the petition may adjourn, shall hear the petition and consider all objections to the petition presented in writing by any person, showing cause why the petition should not be granted. The failure of any person to object shall be taken as assent by the person to the inclusion of the lands in the district as requested in the petition. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.067. Liability of petitioners for obligations of district. Except as provided in ORS 545.075, the board of directors to whom the petition is presented may require as a condition precedent to the granting of the petition that the petitioners severally pay, contract to pay or become liable to the district for assessments for the payment of their pro rata share of all bonds and the interest thereon previously issued by the district. The amount of the assessments required under this section, as nearly as the amount can be estimated by the board, shall be the amount that the petitioners or their grantors would have been required to pay to the district had such lands been included in the district at the time it was originally formed or when the bonds were issued. [Formerly 545.590]
ORS Chapter 545 — Irrigation Districts

ORS 545.068. [Amended by 1995 c.42 43; renumbered 545.185 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.071. Acceptance or rejection of petition; inclusion of land when owner objects. If the board of directors considers that it is not for the best interest of the district to include in the district the lands mentioned in the petition, the board, by order, shall reject the petition. However, if the board considers that it is for the best interest of the district that the lands or any part of the lands be included, the board may order that the district be changed so as to include the lands or any part of the lands mentioned in the petition. When making the change, the board shall not subject to the charges or assessments of the district the lands of any owner objecting to the inclusion of the lands. However, the board may include such lands within the boundaries of the district solely for administrative convenience. The order shall describe the boundaries of the land included with such exceptions as may be made.
ORS Chapter 545 — Irrigation Districts

ORS 545.072. [Repealed by 1989 c.182 49]
ORS Chapter 545 — Irrigation Districts

ORS 545.074. [Repealed by 1975 c.771 33]
ORS Chapter 545 — Irrigation Districts

ORS 545.075. Requirements that may be imposed upon petitioners in western Oregon district; charges or assessments. (1) Notwithstanding ORS 545.067, in any irrigation district lying entirely west of the summit of the Cascade Mountains, the board of directors may require as a condition precedent to the granting of the petition that the petitioners severally pay, contract to pay, become liable to the district for or consent that the lands petitioned to be included be charged or assessed by the district for such sums as the board of directors determines. However, these sums shall not exceed the amount the petitioners or their predecessors in interest would have been required to pay to the district for charges and assessments for the payment of: (a) Their pro rata share of all bonds and the interest thereon previously issued by the district, or other indebtedness previously incurred, had such lands been included in the district at the time it was originally formed, or when the bonds were so issued or such indebtedness incurred; and (b) The cost of any additional facilities required to deliver water to the lands of the petitioners. (2) The board of directors may provide for the payment of any charge or assessment under this section in annual installments. The order of inclusion shall set forth the description of the lands included, the amount of the charge or assessment on the lands and the manner of payment. After the order is recorded under ORS 545.079, the order is an assessment of the district upon the lands of petitioners for any bonded indebtedness or federal or state contract obligation in accordance with the provisions of the order of inclusion, and the lands are included within the boundaries of the district. (3) The annual installments may be included with the annual charge or assessment of the district upon the water user for district purposes. The annual installments shall bear interest, be subject to a lien of the district upon the lands and be collected or foreclosed in the same manner and with the same effect as charges and assessments of the district for district purposes. (4) Upon foreclosure of charges or assessments of the district upon any included lands, the amount of the unpaid balance of the charge or assessment provided for in subsection (1) of this section and not included in any foreclosure proceedings remains a charge and assessment lien of the district upon the lands. However, when the district is the purchaser at any sale on foreclosure it may, upon a resale of any lands included in the foreclosure sale, release the lands from the lien of any unpaid balance of the charges and assessments. (5) For the purposes of this section the summit of the Cascade Mountains is considered to be a line beginning at the intersection of the western boundary of Hood River County with the northern boundary of the State of Oregon, thence southerly along the western boundaries of the counties of Hood River, Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon. [Formerly 545.593]
ORS Chapter 545 — Irrigation Districts

ORS 545.076. [Amended by 1995 c.42 72; renumbered 545.343 in 1995]