justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.495. Disposition of district assets; insolvency; rules. (1) If a soil and water conservation district that is being dissolved has tax levying authority, the board of trustees for the district shall turn over to the county treasurer any surplus moneys remaining to the credit of the district after payment of the indebtedness of the district. If the assets of the district are insufficient to pay the indebtedness, the board of trustees shall levy taxes, within the limits of the authority of the district, for the liquidation of the indebtedness. (2) In each year that the county receives surplus moneys to the credit of a district described in subsection (1) of this section, the county assessor shall certify any moneys in the district account on June 30, except moneys not in excess of $6,000 that the county retains for administration. The certified moneys shall be disposed of in one of the following manners, as selected by the county assessor: (a) Notwithstanding ORS 310.105, the moneys may be offset against that portion of the levies of taxing units levied against the property values of property within the dissolved district. The Department of Revenue shall adopt rules further defining the method of offset. If the moneys are offset as provided under this paragraph, the moneys shall be distributed to each taxing unit in the amount of that taxing units offset. (b) The amount may be credited to each property appearing on the tax roll for the year for which the credit applies within the dissolved district on the basis of current assessed value. If the certified moneys are distributed under this paragraph, the moneys shall be deposited in the unsegregated tax collections account established under ORS 311.385 and distributed in the same manner as other moneys in that account. The Department of Revenue shall adopt rules further defining the method to be used to credit the amount. (3) If a district that is being dissolved does not have tax levying authority, the board of trustees shall turn over to the State Department of Agriculture any surplus moneys remaining to the credit of the district after payment of the indebtedness of the district. If the assets of the district are insufficient to pay the indebtedness, the board of trustees shall determine whether any of the indebtedness is given priority by law over other indebtedness. The board of trustees shall apply the assets of the district first to the payment of indebtedness that is given priority by law over other indebtedness. If any assets remain after the payment of indebtedness that is given priority by law, the board of trustees shall apply the assets to the payment of a uniform percentage of each remaining indebtedness. (4) The board of trustees may transfer any district assets, other than moneys, available after the payment of all district indebtedness to the State Department of Agriculture or to another soil and water conservation district.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.500. Order of dissolution; effect. Upon issuance of an order of dissolution by the State Department of Agriculture, all ordinances and regulations adopted and in force within the former soil and water conservation district shall be of no further force and effect.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.510. Proceedings for dissolution limited. The State Department of Agriculture may not entertain petitions for dissolution of any soil and water conservation district or conduct a referendum or make findings regarding a petition for dissolution of a district in accordance with ORS 568.481 more often than once each year after the first five-year period following formation of the district.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.520. Petitions nominating directors; regular elections; duties of department. (1) A regular election shall be held in each soil and water conservation district on the first Tuesday following the first Monday of November in each even-numbered year for the purpose of electing directors to succeed the directors whose terms expire the following January. Nominating petitions of candidates for director to be voted for at a general district election shall be filed with the department no later than a date set by the State Department of Agriculture. (2) The department may extend the time within which nominating petitions may be filed. (3) The department may not accept a nominating petition unless the petition is subscribed by 10 or more electors residing within the boundaries of the district. (4) Electors residing within the boundaries of the district may sign more than one nominating petition to nominate more than one candidate for director. (5) To the extent of any conflict between ORS chapter 255 and the provisions of ORS
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.530. Ballots; write-in votes; unfilled positions. (1) The State Department of Agriculture shall furnish the names of all nominees for director on behalf of whom nominating petitions have been filed to the county clerk of the respective counties lying within the district not less than the 61st day before the date of the general election. Ballots shall be printed, voted, counted and canvassed in conformity with the provisions of general law relating to elections, except as otherwise provided by subsections (2) to (4) of this section or ORS 568.210 to 568.808 and 568.900 to 568.933. (2) If no nominee for a position qualifies under subsection (1) of this section to have the name of the nominee furnished to the county clerk for placement on the ballot, the position becomes open for write-in votes on the ballot. An elector who meets the qualifications to become a director of the district in a position for which no candidate qualifies under subsection (1) of this section may file with the department a declaration of intent and request for write-in votes to be tallied. The person must file the declaration and request no later than 14 days before the date of the election. The declaration and request must certify that the person is legally qualified to assume the duties of director and desires the position. (3) Upon receipt of a declaration and request filed under subsection (2) of this section, the department shall take actions the department deems necessary to determine whether the person filing the declaration and request is an elector who meets the qualifications to become a director of the district. If the department determines that the person is an elector who meets the qualifications, the department shall notify the county clerk to count the write-in votes for the person. (4) If no nominee for a position qualifies under subsection (1) of this section to have the name of the nominee furnished to the county clerk for placement on the ballot and no person filing a declaration and request for the position qualifies under subsection (3) of this section to have the county clerk count the write-in votes for that person, the county clerk may not count any write-in votes cast for any person for the position. If no nominee for a position qualifies under subsection (1) of this section to have the name of the nominee furnished to the county clerk for placement on the ballot and no person filing a declaration and request for the position qualifies under subsection (3) of this section to have the county clerk count write-in votes for the person, the local governing body of the district shall appoint a person to each position that was not filled at the election.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.542. Payment of expenses for director election from county funds. The expenses incurred for the election of directors of a soil and water conservation district under ORS 568.210 to 568.808 and 568.900 to 568.933 shall be paid out of county funds by the county or counties within which the territory of the district lies. [1995 c.243 2] Note:
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.545. ORS 255.005, are not responsible for delivering, preparing or publishing information concerning district elections. (6) The department shall timely distribute and collect the forms established by the Secretary of State for updating information on members of district boards, including, but not limited to, any forms for information concerning the district offices to be filled or for which candidates are to be nominated or elected, or for information concerning the candidates. The district shall timely prepare and publish notice of the date for filing nominating petitions and the date of the election in a newspaper of general circulation within the district no later than 30 days before the final filing date. The department shall retain the information forms and publication information for not less than four years after the election for which the forms and publication were completed.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.550. General powers of board of directors; erosion control covenants; interagency cooperation; land use regulations; department rules. (1) The board of directors of a soil and water conservation district has the following powers: (a) To secure surveys and investigations and do research relating to: (A) The character of soil erosion; (B) The character of floodwater and sediment damage; (C) All phases of the conservation, development, utilization and disposal of water; and (D) The preventive measures, control measures and improvements needed. (b) To conduct demonstrational projects on lands within the district upon obtaining the consent of the owner and occupier of such lands. (c) To carry out preventive and control measures on lands within the district upon obtaining the consent of the owner and occupier of those lands. (d) To enter into written agreements with and, within the limits of appropriations duly made available to the board by law, to furnish financial or other aid to any governmental or nongovernmental agency or any owner or occupier of lands within the district, for the purpose of: (A) Carrying on within the district soil erosion control and prevention operations, water quality improvement, watershed enhancement and improvement, fish and wildlife habitat management activities and other natural resource management activities; or (B) Carrying out district responsibilities under ORS 541.898, 568.225, 568.550 and
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.552. Power of directors to manage and control water resources and projects; authority of Water Resources Commission. (1) The members of the local governing body of a soil and water conservation district shall have, in addition to the powers granted to them by ORS 568.550 and within the limits of appropriations and other moneys duly made available to the soil and water conservation district, the power: (a) To plan, construct, maintain, manage, administer or control any works of improvement for flood prevention or for the conservation, development, utilization or disposal of water upon lands within their respective districts upon obtaining the consent of the landowner as defined in ORS 568.210, and the land occupier as defined in ORS 568.210, of such lands. (b) To enter into written agreements to furnish financial or other aid to any agency, governmental or otherwise, or any landowner as defined in ORS 568.210, or land occupier as defined in ORS 568.210, or both of them, of lands within the district, for flood prevention or for the conservation, development, utilization or disposal of water within their respective districts. (c) To manage, as agent, or to take over, by purchase, lease, or otherwise any flood prevention, drainage, irrigation or agricultural water management project or any combination thereof, undertaken by the United States or any of its agencies, or by this state or any of its agencies. (2) Authority granted under this chapter shall be subject to the authority of the Water Resources Commission to formulate an integrated, coordinated program for the use and control of all water resources of this state and to classify and withdraw water resources of this state under ORS 536.300 to 536.410.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.554. District to submit program and work plans for department review. Each conservation district shall submit to the State Department of Agriculture its proposed long-range program and annual work plans for review and comment.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.555. Name of district may be changed. Upon approval by the State Department of Agriculture, the directors of a soil and water conservation district may submit to the Secretary of State a proposed new name for the district. If the proposed new name is not identical with that of any other soil and water conservation district of this state or so nearly similar as to lead to confusion or uncertainty, the Secretary of State shall make the change in names on the appropriate records in the office of the secretary, and shall record and issue to the directors a new certificate of formation for the district containing the new name. If the proposed new name does not satisfy such requirement, the Secretary of State shall so notify the directors, who may submit a new name which does satisfy such requirement.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.560. Number of directors; director qualifications; officers; election; terms; vacancies. (1) The local governing body of the soil and water conservation district shall consist of a board of either five or seven directors elected or appointed as provided by law. To ensure proper representation of all the people in the district and to facilitate district functions, the State Department of Agriculture shall provide for the zoning of each district, and shall provide each time directors are elected or appointed for the proper and equitable representation for each zone. (2) Two director positions shall be at-large positions. At-large directors must reside within the district and be registered voters. (3)(a) All zone directors must be registered voters and reside within the zones they represent in the district. (b) In addition to the requirements described in paragraph (a) of this subsection, zone directors in a district that does not include any county with a population of 250,000 or more must: (A) Own or manage 10 or more acres of land in the zones they represent in the district and be involved in the active management of the land; or (B) Indicate an interest in natural resource conservation as demonstrated by serving at least one year as a director or associate director of a district and having a conservation plan that is approved by the district. (4) Candidates nominated for director from a specific zone shall be voted on by all electors within the district. (5) The directors shall designate a chairperson, secretary and other officers as necessary and may, from time to time, change such designation. (6) The term of office of each director shall be four years, except that: (a) Of the directors first appointed under ORS 568.400, two shall serve until January first following the first general election following their appointment, and three shall serve until January first following the second general election following their appointment, as determined by the department, and thereafter, their successors shall be elected as provided by law for other elected directors. (b) Of the directors first elected as provided in ORS 568.545 (1), three shall serve until January first following the first general election and four shall serve until January first following the second general election after the date of their election, as determined by them by lot at the meeting referred to in ORS 568.545 (1). (c) Of the directors first elected as provided in ORS 568.565 (1), three shall serve until January first following the first general election and two shall serve until January first following the second general election after the date of their election, as determined by them by lot at the meeting referred to in ORS 568.565 (1). (d) Of the zone directors elected as provided under ORS 568.565 (2), three shall serve until January first following the first general election and two shall serve until January first following the second general election after the date of their election, as determined by lot at the meeting referred to in ORS
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.565. (7) A director shall hold office until a successor has been elected or appointed, has qualified and has taken the oath of office or until the office becomes vacant under subsection (8) of this section. Any vacancy occurring in the office of director shall be filled as provided by subsection (9) of this section. (8) A director position becomes vacant under the following circumstances: (a) The department, upon the written recommendation of a majority of the members of the local governing body of a district, may declare vacant the position of a director who is absent from three consecutive meetings of the local governing body of the district. A position becomes vacant under this paragraph upon the issuance of the declaration by the department. (b) No nominee for the position qualifies under ORS 568.530 to have the name of the nominee furnished to the county clerk for placement on the general district election ballot and no person qualifies under ORS 568.530 to have write-in votes counted. A position becomes vacant under this paragraph on January 1. (c) The department determines that a candidate receiving the most votes at an election does not qualify under this section to hold the position. A position becomes vacant under this paragraph on January 1 next following the election at which the unqualified candidate was elected unless an appointee to the position has been selected under subsection (9) of this section. (d) A director serving in a position no longer qualifies under this section to hold the position. A position becomes vacant under this paragraph upon the departments declaration that the person no longer qualifies for the position. (e) A director resigns from a position. A position becomes vacant under this paragraph upon the departments receiving notice of the resignation. (f) A candidate who received the most votes at an election, or an appointee, refuses to take the oath of office as a director. (9) A director position that becomes vacant before the scheduled expiration of a term shall be filled by appointment by a majority of the remaining directors. However, if a majority of the director positions are vacant or if the remaining directors cannot agree on an appointee, the department shall make an appointment to fill the position. (10) An appointment under subsection (9) of this section shall end on January 1 next following the first general district election held after the appointment. If the appointment ends under this subsection before the January 1 that would normally complete the four-year term of office for the position, the position shall be placed on the ballot at the next general election as provided under ORS 568.530 to fill the position for the remainder of the four-year term.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.570. Majority constitutes a quorum. A majority of the directors constitutes a quorum. The concurrence of a majority in any matter within their duties is required for its determination. [Amended by 1971 c.403 14]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.580. Annual meeting. Each year after the creation of the first board of directors at a time fixed by resolution of the board, the board, by giving due notice, shall call an annual meeting of the landowners in the district and present an annual report and audit.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.590. Notice of annual meeting. No later than 15 days prior to the annual meeting, the board of directors for a soil and water conservation district shall cause notices to be published in a paper of general circulation in the area, setting forth the time and place of holding the meeting.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.600. Legal counsel; delegation of powers; assistance to department. (1) The directors may call upon the Attorney General for such legal services as they may require, or may employ their own counsel. (2) The directors may delegate to their chairperson or to one or more directors such powers and duties as they deem proper. (3) The directors shall make available to the State Department of Agriculture all records and information pertaining to the district and shall assist the department in carrying out its recommendations. [Amended by 1981 c.92 33]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.610. Records; audits. The board of directors for a soil and water conservation district shall: (1) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted. (2) Provide for an annual audit of the accounts of receipts and disbursements in accordance with ORS 297.210, 297.230 and 297.405 to 297.555.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.620. Consultation with county or municipal representatives. The directors shall invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the directors of the district on all questions of program and policy which may affect the property, water supply or other interest of such municipality or county.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.670. [Amended by 1959 c.48 5; repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.680. [Amended by 1981 c.92 36; repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.690. [Amended by 1959 c.48 6; repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.700. [Repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.710. [Repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.720. [Amended by 1981 c.897 66; repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.730. Officials may enter private lands. The directors or designated representatives of a soil and water conservation district have authority to go upon any lands within the district after notifying the owner or operator for the purpose of making surveys and carrying out the responsibilities with which the directors or representatives are vested by law. The directors or representatives shall take due precaution at all times to prevent injury to growing crops or livestock. [Amended by 2009 c.220 32]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.750. [Amended by 1981 c.92 38; repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.760. [Repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.780. Certain public agencies to be deemed owners. Agencies of this state which have jurisdiction over, or are charged with the administration of any state owned lands, and of any county, or other governmental subdivision of the state, which have jurisdiction over, or are charged with the administration of any county owned or other publicly owned lands, lying within the boundaries of any district organized under ORS 568.210 to 568.808 and 568.900 to 568.933 are deemed owners within the meaning of ORS 568.210 to 568.808 and 568.900 to