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

ORS 545.145. Certificate of vote; stringing of ballots; sealing of returns; delivery to board secretary; recount. 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 person was a candidate. The number of votes stated on the certificate shall be written in words and figures at full length. Each certificate shall be signed by all the members of the board of election. One of the certificates and the tally paper to which it is attached shall be retained by the presiding officer of the board of election and preserved by the presiding officer for at least six months. During the counting, the ballots shall be strung on a cord or thread by the presiding officer in the order in which they are entered upon the tally lists. The ballots, together with the other certificate and tally papers to which it is attached and a poll list of the voters voting at the election, shall be sealed by the presiding officer in the presence of the other judges, indorsed Election returns of (naming the precinct) precinct, and directed to the secretary of the board of directors. The ballots and other materials shall be immediately delivered to the secretary of the board by the presiding officer, or by another safe and responsible carrier designated by the presiding officer. The ballots shall be kept unopened for at least six months, except that the ballots may be opened at any time at the direction of the board of directors for the purpose of canvassing the returns or conducting a recount of the ballots. If any person is of the opinion that the vote of any precinct has not been correctly counted, the person may appear on the day appointed by the board of directors to open and canvass the returns and demand a recount of the votes of the precinct that the person claims have been incorrectly counted. [Formerly 545.032]
ORS Chapter 545 — Irrigation Districts

ORS 545.146. [Amended by 1995 c.42 81; renumbered 545.369 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.148. [Amended by 1995 c.42 82; renumbered 545.371 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.149. Canvass of returns; standard for rejecting certain election documents; canvass to be in public. 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. If, at the time of meeting, the returns of each precinct in which polls have been opened have been received, the board of directors shall then and there canvass the returns. However, if all the returns have not been received, the canvass shall be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass shall be made in public and by opening the returns and computing the vote of the district for each person voted for, and declaring the result. [Formerly 545.034]
ORS Chapter 545 — Irrigation Districts

ORS 545.152. CHARGES AND ASSESSMENTS (Generally)
ORS Chapter 545 — Irrigation Districts

ORS 545.153. Statement of result; contents; certificate of election; effect of informalities in conduct of election. (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 the persons voted for. (c) The office for which each person received votes. (d) The number of votes given in each division to each person. (e) The number of votes given for the office of director. (f) The term of office for which each person received votes. (2) The board of directors shall declare elected the person having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person a certificate of election, signed by the secretary and authenticated with the seal of the board. No informalities in conducting any election shall invalidate it if the election has been otherwise fairly conducted.
ORS Chapter 545 — Irrigation Districts

ORS 545.154. [Amended by 1989 c.182 11; repealed by 1993 c.771 20]
ORS Chapter 545 — Irrigation Districts

ORS 545.156. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.163. Procedures for conducting election by mail. (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 of electing a person to the board of directors, the qualifications for a director are those set forth in ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.167. Division of district for election of directors; procedure. (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 board a petition that has been signed by a number of electors of the district equal in number to 20 percent of the votes cast at the last preceding election at which a director of the board was elected. (2) Upon the determination of the board or upon the filing of a petition requesting division of the district, the board shall submit the question to the district electors at the next regular election or at a special election ordered by the board for such purpose. (3) If a majority of electors voting on the question approves the division of the district, immediately following the election the board shall divide the district in the manner provided in ORS 545.207. The divisions shall be numbered first, second and third. One director shall be elected to the board of directors of the district from each division. However, nothing in this section or in ORS 545.169 and 545.171 shall be construed to prevent the directors who are serving when the district is divided from serving out the unexpired portion of their terms.
ORS Chapter 545 — Irrigation Districts

ORS 545.169. Election of directors from newly created divisions. (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) If there are two divisions without representation, then a director shall be elected at the district election next following the division of the district from the newly created division without representation on the board that contains the largest number of electors. The other newly created division shall elect a director at the second general election following the division, which director shall take office at the expiration of the term of the second retiring member of the board. [Formerly 545.626]
ORS Chapter 545 — Irrigation Districts

ORS 545.171. Election precincts in divisions; alteration. 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 purposes of conducting an election, the board may designate a place that is within a precinct, at the district office or at any other location within the district as the place where the election is to be held. The precincts may be changed from time to time as the board considers necessary. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.172. [Amended by 1995 c.42 75; renumbered 545.349 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.174. [Amended by 1995 c.42 76; renumbered 545.351 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.178. [Amended by 1965 c.541 1; 1995 c.42 78; 1995 c.212 3; renumbered 545.359 in 1995] BOARD OF DIRECTORS (Organization)
ORS Chapter 545 — Irrigation Districts

ORS 545.181. Organization of board; officers; establishment of meeting dates; collection, custody and disbursement of moneys. (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 appoint a secretary, who may be a director or the manager of the district. (b) Establish the time for regular monthly meetings of the board as required under ORS 545.185. (c) Establish, by resolution, the date of the next annual organizational meeting of the district. (d) Establish the date the board shall next meet as a board of equalization under ORS 545.418. (2) The board of directors may, by resolution, establish a different date in January for the annual organizational meeting. (3) The county treasurer of the county in which the petition for the organization of the district was filed shall be ex officio treasurer of the district. Any moneys collected by other county treasurers on behalf of the district shall be transmitted to the district treasurer, together with a statement specifying the fund into which it is to be deposited. However, if the secretary of the irrigation district is authorized to collect operation and maintenance assessments or emergency assessments, as provided in this chapter, the secretary shall disburse the assessment moneys upon orders of the board of directors of the district. Any county treasurer having custody or control of funds of an irrigation district shall be responsible for them on the official bond as county treasurer.
ORS Chapter 545 — Irrigation Districts

ORS 545.183. Compensation and expenses of officers and employees; membership fees in associations. 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]
ORS Chapter 545 — Irrigation Districts

ORS 545.185. Meetings of board; quorum; public inspection of records. 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 of business may be held when called by the president or ordered by a majority of the board, by an order entered in the records of the board. Five days notice of the special meeting must be given by the secretary to each member not joining in the order. The order must specify the business to be transacted, and business other than that specified may not be transacted at the special meeting, unless all the members are present. All meetings of the board must be public, and a majority of the members shall constitute a quorum for the transaction of business. However, on all questions requiring a vote there shall be concurrence of a majority of the board. All records of the board shall be open to public inspection during business hours. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.187. Vacancy in office when director ceases to be resident or landowner; appointment of successor. 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 elected or appointed, the position of the director becomes vacant. The vacancy must be filled as provided in ORS 545.188.
ORS Chapter 545 — Irrigation Districts

ORS 545.188. Filling vacancy in office of director. 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 owner, or a shareholder of a bona fide corporate owner, of land situated in the division to serve until the annual meeting next following an election to fill the vacancy. The electors of the division shall elect a successor, from within the division, to replace the appointed director, who shall take office at the annual meeting next following the election and shall serve the remainder of the term of the director who vacated the office. (2) If the district has not been divided, appoint a resident of the State of Oregon who is a bona fide owner, or a shareholder of a bona fide corporate owner, of land situated in the district to serve until the annual meeting next following an election to fill the vacancy. The electors of the district shall elect a successor, at large, to replace the appointed director, who shall take office at the annual meeting next following the election and shall serve the remainder of the term of the director who vacated the office.
ORS Chapter 545 — Irrigation Districts

ORS 545.189. Recall of director; procedure; required number of signatures for recall petition. (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 equal to but not less than the lesser of: (a) Fifteen percent of the total number of votes that may be cast in an election for the director; or (b) Fifteen percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term. (2) Not more than one of the electors of a multiple ownership as described in ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.198. [Amended by 1981 c.94 44; 1995 c.42 127; renumbered 545.517 in 1995] (Change in Number of Directors)
ORS Chapter 545 — Irrigation Districts

ORS 545.199. Increase in number of directors upon determination of board or petition; election on increase. (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 file with the board a petition requesting an election for the purpose of increasing the number of directors. (2) Upon the determination of the board or upon the filing of a petition requesting the increase, the board shall submit the question to the district electors at the next regular election or at a special election ordered by the board for such purpose. At the same election, two persons shall be elected to serve as directors if the electors, by a majority of votes cast at the election, increase the number of the board.
ORS Chapter 545 — Irrigation Districts

ORS 545.200. [Repealed by 1969 c.345 20]
ORS Chapter 545 — Irrigation Districts

ORS 545.203. Election of additional directors; terms of office. 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 have started on the first Tuesday in January that next followed the last previous general election. The person receiving the next highest number of votes shall serve as director of the district at large for a term of two years that shall be considered to have started on the first Tuesday in January that next followed the last previous general election. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.206. (Payment of Assessments for Bonds and Contract Obligations)
ORS Chapter 545 — Irrigation Districts

ORS 545.207. Redivision of district upon increase in directors; representation of divisions; voting qualifications. 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. In addition, the board shall define and particularly describe division boundaries and make use, in so far as may be desirable, of such natural boundaries as may exist in the district. The divisions shall be numbered first, second, third, fourth and fifth. As the terms of the present members of the board of directors expire, one director who is a resident of Oregon and either a bona fide owner of land or a shareholder of a bona fide corporate owner of land situated in the division, shall be elected from each division as the representative of that division on the board of directors. Voting for director of each division shall be by qualified electors within the division. However, the qualified electors of any district may, by a majority vote, determine that voting for directors shall be by the qualified electors of the entire district. If an elector is an owner in two or more divisions and resides in one of them, the elector shall vote in the division of residence. If an elector is a nonresident of the district, the elector may choose to vote in any one division in which the elector is an owner of land. When a nonresident landowner chooses to vote in any one division, the landowner shall file with the secretary of the board a notice of the choice of division where the nonresident landowner chooses to vote. A nonresident landowners choice to vote in a certain division is permanent and remains permanent until the nonresident landowners ownership status changes in any way or until the nonresident landowner becomes a resident owner.
ORS Chapter 545 — Irrigation Districts

ORS 545.210. [Amended by 1995 c.42 133; renumbered 545.537 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.211. Decrease in number of directors; redivision of district; terms of office. 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 until the expiration or other termination of their terms. Successors shall be appointed or elected only in divisions where representation will terminate with the term of a director. Directors shall thereafter be appointed or elected only as necessary to fulfill the requirements of the decrease in membership of the board, and so that the term of one director will expire each year. [Formerly 545.024]
ORS Chapter 545 — Irrigation Districts

ORS 545.218. [Amended by 1995 c.42 129; renumbered 545.521 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.220. [Repealed by 1995 c.42 184] (General Powers and Duties)
ORS Chapter 545 — Irrigation Districts

ORS 545.221. Powers and duties of board as to management of district; water deliveries. (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 regulations for the administration of the district and for the distribution and use of water among the landowners. (d) Generally perform all acts necessary to fully carry out the purposes of the Irrigation District Law. (2) The board may make available to any member user of the district, on an actual cost basis, any machinery or equipment required for the normal operation of an irrigation district. This machinery or equipment may be used by the member user only for improvement of water distribution or drainage systems and only at the convenience of the district. However, the machinery or equipment may not be used outside the boundaries of the district. (3) The bylaws, rules and regulations established under this section may designate, either generally or particularly, the points of delivery within the district to which the district will make water deliveries for the use and benefit of member users at district expense. Water deliveries so made shall be in full and complete discharge of the districts obligation of water deliveries to member users under the Irrigation District Law.
ORS Chapter 545 — Irrigation Districts

ORS 545.222. [Amended by 1979 c.562 19; repealed by 1995 c.42 184]
ORS Chapter 545 — Irrigation Districts

ORS 545.225. Contracts; conveyances; suits; judicial knowledge concerning district; audit reports. (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) Institute and maintain all actions and proceedings, suits at law or in equity necessary or proper in order to fully carry out the Irrigation District Law, or to enforce, maintain, protect or preserve rights, privileges and immunities created by the Irrigation District Law, or acquired in pursuance of the Irrigation District Law. (2) In all courts, acts, suits or proceedings the board may sue, appear and defend in person or by attorneys, in the name of the irrigation district. The court shall in all actions, suits or other proceedings take judicial knowledge of the organization and boundaries of all irrigation districts. (3) When an audit is made in accordance with the provisions of ORS 297.405 to 297.555, the auditors shall prepare and file with the Secretary of State a certified copy of the audit report. [Formerly 545.070]
ORS Chapter 545 — Irrigation Districts

ORS 545.226. [Repealed by 1989 c.182 49]
ORS Chapter 545 — Irrigation Districts

ORS 545.236. [1967 c.503 8; 1995 c.42 140; renumbered 545.559 in 1995] POWERS OF DISTRICTS (Acquisition of and Entry Onto Land)
ORS Chapter 545 — Irrigation Districts

ORS 545.237. Right to enter upon lands for inspection and maintenance of water works. (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 district shall provide adequate and appropriate notice prior to entering upon the land of the water user. (2) Any person exercising the right of entry granted under this section shall not cause unnecessary damage to the property of the water user. The landowner shall not be responsible to the person or the district for any injury or damage to the person or district arising out of or occurring by reason of the entry, except when the landowner intentionally causes injury or damage to the person or district. (3) The right of entry granted by this section shall not constitute a right of entry by the public onto the premises of the landowner. [Formerly 545.081]