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

ORS 545.315. Petition to construct improvements for irrigation; contents; assent of petitioners to assessment of cost of improvement. (1) The holders of title, or evidence of title, representing a majority of the acreage of any body of land within any irrigation district may file with the board of directors of the district a petition in writing, requesting the construction of any improvement necessary or expedient for the efficient irrigation of the lands. (2) The petition shall contain: (a) A general description of the proposed improvement; (b) A description of the tracts, or body of land, owned by the petitioners; and (c) A description of the exterior boundaries of the land for which the proposed improvement is to be constructed and a description of any lands that are to be excepted from the benefit or use of the proposed improvement. (3) The petition shall also contain an agreement on the part of the petitioners that the cost of construction of the improvement shall constitute a lien upon the lands within the exterior boundaries of the land described in the petition, except for the lands that are excepted from the benefit or use of the proposed improvement, and that the lands shall be assessed for and pay the cost of the improvement. (4) The petition shall be deemed to give assent of the petitioners to construction of the improvement and shall authorize the assessment of the cost of such improvement upon and against the lands described in the petition and not specifically therein excepted. The petition shall be acknowledged in the same manner that conveyances of land are required to be acknowledged. [Formerly 545.402]
ORS Chapter 545 — Irrigation Districts

ORS 545.316. [Amended by 1995 c.42 166; renumbered 545.647 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.318. [Amended by 1995 c.42 167; renumbered 545.649 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.319. Elections on question of constructing improvement; resolution of directors. (1) If the board of directors considers it for the best interest of the district that the proposed improvement be constructed, the board, by resolution, may call an election to be held within the boundaries of the land described in the petition for the purpose of submitting the question as to whether or not the proposed improvement shall be constructed. The board shall in the resolution fix the time and place of holding the election, specify the polling place and appoint three judges who shall constitute a board of election. The resolution shall also contain the ballot title to be used at the election. The ballot title shall contain such information as in the judgment of the board will advise the owners of the land to be charged with the cost of the proposed improvement as to the general nature of the improvement and the estimated cost. (2) The board at the time of calling the election within the land described in the petition shall also by resolution call an election to be held within the district at large for the purpose of submitting the question as to whether or not the proposed improvement shall be constructed. This resolution shall contain provisions identical with those provided for in subsection (1) of this section. The election in the district at large shall be held on the same day that the election within the territory described in the petition is held. The election shall be conducted, as nearly as practicable, in accordance with the general election laws of the state applicable to irrigation districts. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.320. [Amended by 1995 c.42 168; renumbered 545.651 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.323. Majority of votes required to approve construction of improvement; cost; apportionment; assessment. If a majority of the votes cast by the electors within the boundaries of the land described in the petition are ImprovementYes, and if a majority of the votes cast by the electors in the district at large are ImprovementYes, then, but not otherwise, the board shall construct the improvement. The cost of construction shall be apportioned by the board to the lands within the boundaries described in the petition, so that each acre of irrigable land within those boundaries shall be assessed and required to pay the same amount. In all other respects the assessment and its levy and collection shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments and taxes levied upon lands within the district. [Formerly 545.406]
ORS Chapter 545 — Irrigation Districts

ORS 545.328. [Repealed by 1995 c.42 184]
ORS Chapter 545 — Irrigation Districts

ORS 545.330. [Repealed by 1995 c.42 184]
ORS Chapter 545 — Irrigation Districts

ORS 545.332. [Amended by 1989 c.182 25; 1995 c.42 172; renumbered 545.667 in 1995] (Miscellaneous)
ORS Chapter 545 — Irrigation Districts

ORS 545.335. Drainage works; construction authorized; powers of districts; designation of bonds. When it appears necessary, proper or beneficial to drain any of the lands within the district, either for the benefit of the lands actually requiring drainage or for the protection of other lands within the district, and without regard to whether or not the irrigation works have been actually acquired or constructed, an irrigation district may cause drainage canals and works to be constructed. When exercising the authority granted by this section relating to drainage, the district shall have the same power and authority as is conferred on the district with regard to irrigation. All powers in the Irrigation District Law conferred upon irrigation districts with respect to irrigation shall be construed to include drainage. However, any bonds issued solely for drainage purposes shall be known as Drainage Bonds of _____ Irrigation District. [Formerly 545.106] DEVELOPMENT OF DISTRICT LANDS BY UNITED STATES
ORS Chapter 545 — Irrigation Districts

ORS 545.343. Obligations or contracts with United States under Reclamation Act; acquisition of federal lands. (1) For the purpose of acquiring control over government land within the district and of complying with the provisions of the Act of Congress entitled An act to promote reclamation of arid lands, approved August 11, 1916, the board of directors may make investigations, and, based thereon, such representations and assurances to the Secretary of the Interior as may be requisite. The board may enter into any obligation or contract with the United States for: (a) The construction, operation and maintenance of the necessary works for the delivery and distribution of water under the Federal Reclamation Act and the rules and regulations established thereunder. The board may contract for the refusal of water service to any lands which are in default in the payment of any assessment levied to carry out any contract between the district and the United States. (b) The assumption, as principal or guarantor, of indebtedness to the United States on account of district lands. (2) The board may also contract with the United States for a water supply or drainage works under any Act of Congress providing for or permitting the contract. (3) When a contract is made with the United States, as provided in this section, bonds of the district may be deposited with the United States, at 90 percent of their par value, to the amount to be paid by the district to the United States under the contract. The interest on the bonds, if bearing interest, shall be provided for by assessment and levy, as in the case of other bonds of the district, and regularly paid to the United States to be applied as provided in the contract. If the bonds of the district are not so deposited, the board of directors shall include, as part of any levy or assessment provided for in the Irrigation District Law, an amount sufficient to meet each year all payments accruing under the terms of the contract. (4) The board may accept, on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collections of money for or on behalf of the United States in connection with any federal reclamation project. If the board accepts the appointment or authorization, the district is authorized to act as fiscal agent or to make the collections of money and to assume the duties and liabilities incident to such action. The board also has full power to do all things required by the federal statutes enacted in connection with districts serving as fiscal agents or collectors of moneys for reclamation projects, and all things required by the rules and regulations established by any department of the federal government in regard thereto. [Formerly 545.076]
ORS Chapter 545 — Irrigation Districts

ORS 545.345. Conveyance of lands to United States. Any property acquired by the district may be conveyed to the United States in so far as the property may be needed by the United States for the construction, operation and maintenance of works for the benefit of the district under any contract that may be entered into with the United States under ORS 545.343 or 545.347. [Formerly 545.078]
ORS Chapter 545 — Irrigation Districts

ORS 545.347. Obligations or contracts with United States under Fact Finders Act. The board of directors may also enter into any obligation or contract with the United States for the construction, operation and maintenance of the necessary works for the delivery and distribution of water under the Act of Congress of December 5, 1924, entitled An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1925, and for other purposes. In such contract, the board of directors may provide for payment of charges to the United States upon the basis authorized by the Act of Congress of December 5, 1924, commonly known as the Fact Finders Act, and under the rules and regulations that may be promulgated by the Bureau of Reclamation of the United States. [Formerly 545.080]
ORS Chapter 545 — Irrigation Districts

ORS 545.349. Authority to transfer land to federal government for development and colonization; repayment of expenditures; levy of assessments; funds; contracts with federal government. Any irrigation district organized under the laws of Oregon may turn over to the federal government, or any federal agency, any lands owned or controlled by the district, for the purpose of development and colonization by the federal government or federal agency. The irrigation district may levy assessments for repayment to the federal government or federal agency of the sum expended in the development of the lands, with interest on the assessments not to exceed six percent per annum. The district may also assess the lands to cover repayment to the district of its cost, with interest on the assessments not to exceed six percent per annum. The district shall deposit the moneys collected as assessments in the Bond Fund account, or the United States Contract Fund account, or the Bond and United States Contract Fund account, as appropriate. The latter assessments shall be in addition to the assessments which may be levied to meet the reclamation charges, interest on the reclamation charges and maintenance. Irrigation districts may enter into contracts and assume obligations with the federal government or any federal agency, as may be necessary, expedient or desirable to bring about the development of lands in the irrigation district. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.351. Acquisition of lands from owners; crediting of value on charge against remainder of land. In order to make the lands available for development by the federal government or any federal agency, as provided in ORS 545.349, any irrigation district may accept from any landowner within the district title to any part of the land of the landowner and allow the landowner credit to the extent of the reasonable value of that land on the reclamation charge against the remainder of the land of the landowner. However, credit shall not be allowed so as to entirely extinguish the reclamation charge against any land in the district, and land shall not be accepted by the district or credit allowed until a contract has been executed by the district and the federal government or some federal agency for development of the lands. [Formerly 545.174]
ORS Chapter 545 — Irrigation Districts

ORS 545.352. [Amended by 1995 c.42 173; renumbered 545.671 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.354. [Amended by 1995 c.42 174; renumbered 545.673 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.355. Proceedings on extension or cancellation of payments due federal government. When an irrigation district under contract with the United States has levied any assessment for collection of money payable to the United States under the contract, if the Secretary of the Interior has, by agreement with the board of directors of the district, authorized the extension or cancellation of any payments due the United States by the cancellation of assessments already levied but remaining unpaid, the board of directors shall certify to the tax collector of the county in which the land is located a statement of the year and amounts assessed against each tract for which cancellation has been authorized. The tax collector upon receipt of the certificates shall, if the assessment remains unpaid, indorse upon the districts assessment roll, Corrected under certificate of board of directors, and deduct and cancel from the assessment against each tract the amount of the assessment authorized to be canceled.
ORS Chapter 545 — Irrigation Districts

ORS 545.356. [Amended by 1995 c.42 175; renumbered 545.675 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.358. [Amended by 1995 c.42 176; renumbered 545.677 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.359. Contracts with federal government for flood control works. (1) When the board of directors of any irrigation district determines that it is for the best interest of the district that the floodwaters of any stream that enters upon the district or whose waters are used in the irrigating of any of the lands in the district be controlled, the board may enter into a contract with the United States Government, or any of its agencies which may be empowered to construct flood works. The contract shall require the irrigation district: (a) To provide without cost to the United States all lands, easements and rights of way necessary for such control project or works. (b) To hold and save harmless the United States or any of its agencies or officers from loss or damage by reason of the construction of the flood control project and works. (c) To maintain and operate all the works after construction in accordance with any regulations prescribed by the United States or its agencies or officers. (2) The contract shall not be binding upon the district until it has been approved by the legal voters of the district as provided by ORS 545.511 and 545.513 (1). When the contract has been so executed and approved the board shall carry out fully the provisions of the contract. [Formerly 545.178]
ORS Chapter 545 — Irrigation Districts

ORS 545.360. [Amended by 1995 c.42 177; renumbered 545.679 in 1995] SALE OF DISTRICT PROPERTY
ORS Chapter 545 — Irrigation Districts

ORS 545.365. Disposition of real property acquired by district; sale to member of board or employee prohibited. Any irrigation district foreclosing or otherwise acquiring any real property may lease, operate or sell the property upon such terms and taking such security for the rental or purchase price as the board of directors may consider advisable. A member of the board of directors or employee of the irrigation district shall not purchase or be interested in any contract for purchase of lands sold by the district. [Formerly 545.142]
ORS Chapter 545 — Irrigation Districts

ORS 545.367. Authorization of sale of property, excess water or hydroelectric power. When the board of directors of an irrigation district considers it to be for the best interests of the district to sell any property owned by the district and not required for district purposes, including excess storage or carrying capacity, surplus water or water rights, or to dispose by contract, lease or sale of any undeveloped hydroelectric power, the board shall adopt and enter in the minutes of its proceedings a resolution stating in substance: (1) A general description of property to be sold. (2) The amount of the excess capacity or surplus water owned by the district and the amount proposed to be sold. (3) That the sale can be made without impairing the security of the outstanding bonds. [Formerly 545.144]
ORS Chapter 545 — Irrigation Districts

ORS 545.369. Release of lien of bonds; form; acknowledgment by bondholders; copy of release as evidence. The board of directors may then proceed to obtain releases of the lien of all outstanding bonds against the property it is proposed to sell. Release of the lien shall be in writing and acknowledged by the holders of the bonds in substantially the same manner and form as is required for a conveyance of land. However, the notary or other officer taking the acknowledgment shall include in the certificate of acknowledgment, or in another appropriate certificate, the fact that the bonds described in the instrument were exhibited to the notary or other officer by the bondholder making the acknowledgment. The acknowledgment shall have the same force and effect as evidence as has the acknowledgment of a conveyance. The certificate of the officer taking the acknowledgment that the bonds were exhibited shall be conclusive evidence of the ownership of the bonds by the person executing and acknowledging the release. The acknowledged release shall be filed with the board and recorded in its minutes. The minutes, or a copy thereof certified by the secretary of the board, shall be admissible in evidence with the same effect as the original of the acknowledged release. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.371. Consent of bondholders; notice requiring presentation of objections; implication of consent; hearing of objections by directors. The board may obtain constructive consent to the release of the lien of all outstanding bonds against property to be sold by publishing a notice describing the property to be released from the lien of outstanding bonds, and requiring all holders of bonds against the district to present in writing their dissent from or objection to release of the lien of all bonds against the property to be sold. The board shall publish the notice for at least four consecutive weeks in three newspapers published in Oregon. One of the newspapers must be a newspaper published in the county in which the office of the board is located, if such a newspaper exists. Any holders who fail to file objection or dissent within 90 days from the date of the first publication of the notice shall be considered to have released the lien of their bonds on the property. The board shall enter its order to the effect that, for the purpose of the sale, the lien of all such bonds has been released from the property to be sold. If any objection or dissent is filed within the time required by the notice, the board shall fix a time for a hearing on the objection or dissent and at the hearing shall determine whether or not the sale can be made without impairing the security of the bonds. If the board determines that the sale can be made, it shall enter its order to that effect and may proceed to sell the property. If the board determines that the sale cannot be made, it may postpone the sale until the objection is removed. [Formerly 545.148]
ORS Chapter 545 — Irrigation Districts

ORS 545.373. Proceeds of sale; special fund; uses of moneys. All proceeds from the sale of property owned by the district and subject to the lien of outstanding bonds shall be held in a special fund to be applied: (1) First, to the construction or reconstruction of the drainage or other works of the district that are required by the United States as one of the conditions for the purchase of the property by the United States; and (2) Second, as may be agreed between the district and the holders of the bonds, except that when the proceeds are applied to bonded indebtedness, the application shall be made to payment on the outstanding bonds as their interests may appear. [Formerly 545.150]
ORS Chapter 545 — Irrigation Districts

ORS 545.375. Purchaser rights; power of directors respecting contracts and instruments relating to transfer. (1) A sale of excess storage or carrying capacity or a sale of surplus water or water rights by the board shall not give the purchaser any prior or superior right in the water rights, water supplies, reservoir or irrigation works of the district over the rights retained by the district for lands within the district. (2) If the contracts or instruments are considered advantageous to the district, the board may enter into contracts and execute instruments as may be necessary: (a) To transfer property, including excess storage and carrying capacity and surplus water and water rights; (b) To transfer the right to the use of the quantity of water sold; (c) To transfer an interest in the reservoir and other irrigation works of the district; or (d) For the joint management and operation of any or all of the works of the district. (3) Property of the district that is the subject of a contract or instrument executed under this section must be released from the lien of outstanding bonds of the district prior to the execution of the contract or instrument. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.381. Annual assessments; computation of amount to be raised; apportionment; determination of acreage and assessments; credit for water rights. (1) On or before the first Tuesday in April of each year, the board of directors shall make a computation of the whole amount of money necessary to be raised by the district for the ensuing year for any purpose whatsoever in carrying out the Irrigation District Law, including estimated delinquencies on assessments. The board may provide for a reasonable maintenance and operation reserve fund. The amount determined by the board shall constitute an assessment upon all the land included in the district. The amount determined by the board shall be apportioned by the board to the lands owned or held by each person so that each acre of irrigable land in the district shall be assessed and required to pay the same amount, except as otherwise provided in this section and ORS 545.385,
ORS Chapter 545 — Irrigation Districts

ORS 545.384. [Amended by 1995 c.42 93; renumbered 545.401 in 1995]