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

ORS 545.078. [Amended by 1995 c.42 73; renumbered 545.345 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.079. Recording of order including lands in district; effect of order; appeal. (1) Upon the allowance of a petition for inclusion of lands and when an appeal has not been filed within 30 days after entry of the order, a certified copy of the order of the board of directors including the lands in the district shall be filed for record in the office of the county clerk of each county in which lands of the district are situated. The district as changed and all lands in the district shall be liable for all existing obligations and indebtedness of the district. (2) An appeal may be taken from the order of the board as provided in ORS 548.105 to 548.115. If an appeal is not taken, the order of inclusion shall be deemed lawful and conclusive against all persons. The order shall not thereafter be questioned in any manner in any proceedings.
ORS Chapter 545 — Irrigation Districts

ORS 545.080. [Amended by 1995 c.42 74; renumbered 545.347 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.082. [Amended by 1995 c.42 51; renumbered 545.239 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.084. [Amended by 1995 c.42 52; renumbered 545.241 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.085. Record of petition; admissibility in evidence. Upon the filing of the copies of the order under ORS 545.079, the secretary shall record the petition for inclusion in the minutes of the board. The minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. [Formerly 545.596]
ORS Chapter 545 — Irrigation Districts

ORS 545.086. [Amended by 1995 c.42 53; renumbered 545.245 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.088. [Amended by 1995 c.42 54; renumbered 545.249 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.089. Redivision of district; election of directors. (1) When land is included within a district by proceedings under ORS 545.057 to 545.085, if the district is subdivided for the election of directors and as a result of the inclusion of the land the deviation in acreage among the divisions is greater than 10 percent, the board of directors, not earlier than 30 days after the final order making the inclusion, shall make an order redividing the district. Redivision shall be done in the same manner as provided for the initial division of the district in ORS 545.033 (2). (2) If redivision of the district under subsection (1) of this section results in the creation of a division without a qualified representative on the board of directors, the position of director from that division shall be filled at the next general election of the district. When the newly elected director assumes office, if there are two or more directors from another division, the term of office of the director having the least time left to serve shall expire. The initial term of office of the newly elected director shall be the same as the remaining term of the director whose term expires as provided under this subsection.
ORS Chapter 545 — Irrigation Districts

ORS 545.090. [Amended by 1995 c.42 55; renumbered 545.253 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.091. Inclusion of lands not subject to charges of district. The boundaries of a district may for administrative convenience encompass lands that are not subject to the charges and assessments of the district, without regard to whether the lands are susceptible to irrigation. An owner whose land is within the boundaries of a district but is not subject to the charges and assessments of the district does not have the rights or duties of an elector or owner of land under this chapter. [1999 c.452 2] Note:
ORS Chapter 545 — Irrigation Districts

ORS 545.092. [Repealed by 1969 c.344 8] (Subdistricts)
ORS Chapter 545 — Irrigation Districts

ORS 545.094. Engineering plan for improvements within subdistricts; notice; hearing; remonstrance. After the creation of a subdistrict, the board may develop an engineering plan for the improvements requested in the petition for the creation of the subdistrict or proposed by the board. The board may make an engineering plan for the subdistrict or may adopt as an engineering plan any plan made by any department or agency of the federal government or the State of Oregon or a project work plan proposed for any soil and water conservation district in which lands within the subdistrict are located. Upon completion of the plan, the board shall give notice of the plan to the owners of the tracts of land within the subdistrict and shall permit the inspection of the plan at the office of the subdistrict by the landowners. The notice may be given by mail or by publication, as may be determined by the board. The notice shall fix a time and place for a hearing at which objections to the plan may be heard by the board. The hearing shall be held not less than 20 nor more than 30 days after the date of mailing or the date of the last publication of the notice. At the hearing, the board may make changes in the engineering plan that the board considers necessary after reviewing objections or suggestions made by any person at the hearing. After the hearing, the board may approve the plan, as corrected or changed, by adopting an order of approval. However, if the owners of more than 50 percent of the lands within the subdistrict subject to the charges or assessments of the district file written objections to the order approving the engineering plan with the secretary of the district within 15 days after the date of the order, no further action shall be taken under the order and the plan shall be considered to have been rejected by the landowners. When an engineering plan for a subdistrict is rejected by the landowners, the board may obtain a new engineering plan and present it to the landowners in the manner provided in this section. [1999 c.356 3] Note: See note under
ORS Chapter 545 — Irrigation Districts

ORS 545.095. Charges or assessments for improvements within subdistrict. The cost of constructing, purchasing, operating, maintaining and improving the works described in an engineering plan for a subdistrict shall be charged to the owners of the lands, or assessed against the lands, benefited by the works in proportion to the benefits to be received by each tract of land. The charges or assessments shall be in addition to the regular charges or assessments of the district under ORS 545.471. Only the lands or owners within a subdistrict shall be liable for, charged with or in any manner assessed for the payment of judgments, claims, damages, costs, expenses, debts or other liabilities of or against a district that arise out of or are incurred in the constructing, purchasing, operating, maintaining or improving of the works of the subdistrict. [1999 c.356 4] Note: See note under
ORS Chapter 545 — Irrigation Districts

ORS 545.097. Exclusion of tracts; effect on status of district, rights and liabilities. The boundaries of any irrigation district organized under the Irrigation District Law may be changed, and tracts of land that were included within the boundaries of the district at or after its organization may be excluded from the district in the manner prescribed in ORS 545.097 to 545.126. However, a change of the boundaries of a district resulting from exclusion of lands from the district shall not impair or affect its organization, its right in or to property or any of its rights or privileges of whatever kind or nature. Exclusion of lands from the district shall not affect, impair, or discharge any contract, obligation, lien, or charge for or upon which the district would be liable or chargeable if the change of its boundaries had not been made, or if land had not been excluded from the district. [Formerly 545.602]
ORS Chapter 545 — Irrigation Districts

ORS 545.099. Petition for exclusion of lands from district; approval by board; payment of costs of exclusion. (1) The owners in fee of one or more tracts of land or the holders of an uncompleted title to government or state lands which constitute a portion of an irrigation district may jointly or severally file with the board of directors a petition requesting that those tracts be excluded and taken from the district. The petition shall state the grounds upon which it is requested that the lands be excluded. The petition shall also describe the boundaries of the tracts sought to be excluded and the lands of the petitioners which are included within those boundaries. The description of the lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. (2) Upon receipt of a petition for exclusion, the board of directors shall review the petition and shall enter its order approving the petition. The board may approve the petition subject to the requirements of ORS 545.051, 545.097 or
ORS Chapter 545 — Irrigation Districts

ORS 545.101. Exclusion of subdivisions with three or more tracts on each acre of land; exceptions. (1) When a subdivision is platted after September 13, 1975, under ORS 92.010 to 92.192, if the subdivision has three or more tracts on each acre of land within the subdivision, the subdivision shall be excluded and taken from the district pursuant to ORS 545.097 to 545.126 at the time that the plat is approved by the appropriate governing body. (2) The exclusion provided in subsection (1) of this section shall not apply to a district which: (a) Also supplies domestic water approved by the Oregon Health Authority to the subdivision; or (b) Agrees to supply water to the subdivision. A district may require as a condition of any agreement that: (A) The subdivider install underground pipe from the districts designated point of delivery to each lot or parcel in the subdivision as shown on the plat approved by the appropriate governing body; (B) The subdivider install a meter or other adequate measuring device at the delivery point to the subdivision and for each lot or parcel; (C) The subdivider provide adequate easements for the delivery system and make provision for the maintenance and repair of the delivery system; and (D) The subdivider provide any other measures that the district considers necessary for the proper and efficient delivery of water to the subdivision and for the efficient administration of such delivery. (3) Nothing in subsection (2)(b) of this section requires a district to agree to deliver water to a subdivision.
ORS Chapter 545 — Irrigation Districts

ORS 545.105. Assent of bondholders; acknowledgment; filing; recording. If there are outstanding bonds of the district at the time of the filing of the petition for exclusion, the holders of the bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion of the lands as may be excluded from the district by order of the board, may be excluded from the district. If the lands, or any portion of the lands, are excluded from the district, they shall be released from the lien of such outstanding bonds. The assent must be acknowledged by the bondholders in the same manner and form as required for a conveyance of land. The acknowledgment shall have the same force and effect as evidence as the acknowledgment of a conveyance. The assent shall be filed with the board and be recorded in the minutes of the board. The minutes, or a copy thereof certified by the secretary of the board, shall be admissible in evidence with the same effect as the assent. The certified copy may be recorded in the office of the county clerk of the county in which the lands are situated. [Formerly 545.612]
ORS Chapter 545 — Irrigation Districts

ORS 545.106. [Amended by 1995 c.42 71; renumbered 545.335 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.109. result of the exclusion of the land the deviation in acreage among the divisions is greater than 10 percent, the board of directors, not earlier than 30 days after the final order making the exclusion, shall make an order redividing the district. Redivision shall be done in the same manner as provided for the initial division of the district in ORS 545.033 (2). (2) If redivision results in the creation of a division without a qualified representative on the board of directors, the position of director from that division shall be filled at the next general election of the district. When the newly elected director assumes office, if there are two or more directors from another division, the term of office of the director having the least time left to serve shall expire. The initial term of office of the newly elected director shall be the same as the remaining term of the director whose term expires as provided under this subsection.
ORS Chapter 545 — Irrigation Districts

ORS 545.110. [Amended by 1995 c.42 56; renumbered 545.257 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.112. [Amended by 1995 c.42 64; renumbered 545.301 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.113. State agency to pay assessment and charges or to petition for exclusion. Every state agency acquiring land within the boundaries of an irrigation district shall: (1) Pay all assessments and other charges that may be lawfully charged by the irrigation district and that are chargeable to the owner or occupier of the land; or (2) File with the board of directors of the district a petition requesting that the land be excluded from the district in accordance with ORS 545.097 to 545.126. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.114. [Amended by 1995 c.42 65; renumbered 545.303 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.116. [Amended by 1995 c.42 66; renumbered 545.305 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.117. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.118. [Repealed by 1989 c.182 49]
ORS Chapter 545 — Irrigation Districts

ORS 545.120. [Repealed by 1975 c.771 33]
ORS Chapter 545 — Irrigation Districts

ORS 545.122. [Repealed by 1969 c.344 8]
ORS Chapter 545 — Irrigation Districts

ORS 545.123. Redivision of district; election of director. (1) When land is excluded from a district by proceedings under ORS 545.097, 545.099, 545.101, 545.105 or
ORS Chapter 545 — Irrigation Districts

ORS 545.124. [Amended by 1995 c.42 59; renumbered 545.283 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.126. any lien on the lands or any obligation to pay any valid outstanding bonds or other indebtedness of the district at the time of the filing of the petition for exclusion of the lands. The lands shall be held subject to the lien, and answerable and chargeable for the payment and discharge of all outstanding obligations at the time of the filing of the petition, as fully as though the petition were never filed and the order of exclusion never made. If lands were subdivided into small tracts of less than one acre after the bonded indebtedness is apportioned to the lands on a per acre basis, the required payments shall be computed to the nearest one-tenth acre. For the purpose of discharging the outstanding indebtedness, the lands so excluded shall be considered part of the irrigation district. Notwithstanding the exclusion of land from the district, all provisions otherwise available to compel the payment by the land of its quota or portion of the outstanding obligation if the exclusion had never been accomplished, may be resorted to in order to compel and enforce the payment by the land of its quota or portion of the outstanding obligations of the irrigation district for which it is liable. However, the land excluded shall not be held answerable or chargeable for any obligation incurred after the filing of the petition for exclusion. This section shall not apply to any outstanding bonds or other obligations or indebtedness the holders of which have assented to the exclusion of such lands from the district. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.131. Union or merger of districts; petition; approval of board; election; indebtedness. An irrigation district may be merged and included within another irrigation district. The board of directors seeking merger shall present a petition showing the indebtedness of the district and its boundaries to the board of directors of the district in which it is desired to be included. The petition may be accepted or rejected by the latter board. If accepted, an election shall be ordered by the latter board in the district desiring to be included. At the election, the questions Merger Yes, and Merger No, shall be submitted to the qualified electors of the district and shall be determined by a majority vote of the qualified electors. The election shall be conducted in the same manner as an election for the organization of an irrigation district, and the board shall have the same powers and authority in conducting the election as are possessed by the county court in organizing an irrigation district. If the vote is MergerYes, the indebtedness of each district shall be determined and entered upon the records. A division of the indebtedness shall be ordered which shall be binding on the districts. Thereafter the districts shall be one district with the lands of the merged district included in the surviving district to the same extent and effect in all respects as if originally included. [Formerly 545.622] DISTRICT ELECTIONS AFTER FORMATION (Generally)
ORS Chapter 545 — Irrigation Districts

ORS 545.135. Elections subsequent to organization of district; election of directors. (1) Except for the second Tuesday in November next following the organization of the district, an election shall be held in each district on the second Tuesday in November of each year, at which one or more directors shall be elected. The person receiving the highest number of votes for any office to be filled shall be elected, and shall hold office for three years from the annual organizational meeting in January next following the election and until a successor is elected and qualified. The qualifications for a director shall be those set forth in ORS 545.043. (2) In districts organized prior to May 21, 1917, a director shall be elected from each of the three divisions into which the board of directors may have divided the district, or, if the board of directors has so ordered, the directors shall be elected from the district at large. (3) A newly elected director shall take the official oath at the annual organizational meeting in January next following the election or as soon thereafter as possible. The director shall file the oath in the office of the board of directors. (4) Notwithstanding subsection (1) of this section, if the second Tuesday in November falls on a holiday as defined in ORS 187.010 and 187.020, the election shall be held on the day following the second Tuesday in November.
ORS Chapter 545 — Irrigation Districts

ORS 545.139. Board of election; polls; ballots. (1) The judges who constitute the board of election for a precinct shall elect a presiding officer for the board who may administer all oaths required in the progress of an election. If during the progress of an election any judge fails to act, the presiding officer may appoint additional judges. Any member of the board of election may administer and certify oaths required to be administered during the progress of election. Before opening the polls each member of the board must take and subscribe an oath faithfully to perform the duties imposed by law. Any elector of the precinct may administer and certify such oath. (2) The polls shall be open on the day of the election from 7 a.m. to 8 p.m. (3) The provisions of the general election laws of this state concerning the form of ballot do not apply to the elections held under the Irrigation District Law.
ORS Chapter 545 — Irrigation Districts

ORS 545.141. Conduct of election; challenge and verification of qualifications of elector; counting ballots. (1) Voting may commence as soon as the polls are open and may continue during all the time the polls remain open. Voting shall be conducted as nearly as practicable in accordance with the general election laws. 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 person who offers to vote and claims to be an elector, but fails to provide either evidence of ownership, acreage or other voting authorization, shall be allowed to vote after submitting a sworn statement in accordance with the provisions of ORS 254.407 and 254.409. However, any person voting pursuant to this section shall, in addition to the information required by ORS 254.407, include information in the electors statement concerning the location of the claimed land and the precise acreage for which the elector is claiming ownership or voting authorization. Upon receipt of the electors sworn statement, the secretary of the district shall attempt to verify the electors voting qualifications under the Irrigation District Law. (3) Any election board member or elector present at the time of voting shall challenge a person offering to vote in any election whom the board member or elector knows or believes to be unqualified as an elector. Any challenge shall be made in accordance with ORS 254.415. The electors statement of challenge required by ORS 254.415 shall include the location of the claimed land and the precise acreage for which the elector is claiming ownership or voting authorization. Upon receipt of the electors sworn statement, the secretary of the district shall attempt to verify the electors voting qualifications according to the provisions of the Irrigation District Law. (4) As soon as the polls are closed the judges shall open the ballot box and shall commence counting the votes. The ballot box may not be removed from the room in which the election is held until all ballots have been counted. The counting of the ballots shall be public. The presiding officer of the board of election or one of the judges shall take ballots from the ballot box one at a time, open them and read aloud the name of each person named on the ballot and the office for which the person is voted. If the intent of the voter is clear, the vote shall be counted and not rejected for lack of form. The judges shall keep an accurate account of the votes by tallies in duplicate and the counting shall continue without adjournment until all votes have been counted. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.142. [Amended by 1995 c.42 79; renumbered 545.365 in 1995]