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

ORS 545.471. Charges for water supply; rates; collections and disbursements; basis of charges. (1) For the purpose of defraying the expenses of the organization of the district, and of the care, operation and management, repair and improvement of the portions of the canals and works that are completed and in use, including salaries of officers and employees, the board shall fix charges for irrigation and other public uses. The board, by resolution, may provide for collecting the charges from all persons using the canals for irrigation and other purposes, and may require the collection to be made by the secretary of the board and disbursed by the secretary on order of the board. (2) The board may designate the time and manner of making the collections of charges, may require them to be paid in advance of the delivery of water and may accept short-term interest-bearing notes for any portion of the charges. In establishing its charges, the board may consider the quantity of water to be delivered, the acres of land entitled to benefits from the district, the establishment of uniform or graduated rates and minimum charges, the imposition of additional charges for special services and for small tracts or other properties which require proportionately greater maintenance and operation and other factors the board considers reasonable and appropriate. The board may base its charges upon any or all of the factors set forth in this subsection. (3) In addition to the charges authorized under subsections (1) and (2) of this section, the board may pass on charges against individual water users when the district incurs charges, fees, fines or similar expenses for extraordinary services performed by the district at the request of the water user or that are incurred by reason of some action or failure to act by the water user. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.473. Districts providing for collection of charges by board secretary; levy of percentage of annual rates. Upon approval by the board of directors, an irrigation district that provides for collection of operation and maintenance charges by the secretary of the board in accordance with ORS 545.471, and that has outstanding operation and maintenance warrants that have been issued for more than one year, may levy a charge not to exceed 20 percent of the annual rates fixed for operation and maintenance. The charge shall be levied and collected for the purpose of retiring outstanding operation and maintenance warrants of the district. [Formerly 545.542]
ORS Chapter 545 — Irrigation Districts

ORS 545.475. Lands subject to assessment. An assessment made under ORS 545.475,
ORS Chapter 545 — Irrigation Districts

ORS 545.477. Collection of charges; acceptance of district warrants; disposal of moneys collected. An irrigation district that levies any tolls or charges in accordance with this section, ORS 545.473, 545.475 and 545.479 for the purpose of retiring operation and maintenance warrants shall collect the charges in the same manner as the annual tolls and charges for operation and maintenance are collected, except that the district shall accept warrants of the district in payment of assessments made for the purpose of retiring warrants. Upon the receipt of any moneys levied for the purpose of retiring warrants, the secretary of the board shall immediately pay the moneys to the treasurer of the district, who shall place such moneys in an operation and maintenance fund. [Formerly 545.546]
ORS Chapter 545 — Irrigation Districts

ORS 545.479. Provisions not exclusive nor operative to relieve district of duty respecting obligations. ORS 545.473, 545.475 and 545.477 are not exclusive and do not relieve any irrigation district from the duty of levying sufficient sums for the payment of all outstanding obligations as otherwise provided by law. [Formerly 545.548] ALTERNATIVE METHOD OF COLLECTING INCURRED CHARGES
ORS Chapter 545 — Irrigation Districts

ORS 545.482. and collected on the incurred charge or installment at the rate of one and one-third percent per month, or fraction of a month, until paid. (3) If a notice of claim of lien has been filed under ORS 545.494, the costs of the filing and any costs of removing the lien, including but not limited to recording and filing fees, title search fees and a reasonable administrative fee, shall be charged and collected.
ORS Chapter 545 — Irrigation Districts

ORS 545.486. [Amended by 1971 c.46 1; repealed by 1991 c.459 423s]
ORS Chapter 545 — Irrigation Districts

ORS 545.487. Pressurization charge; application to certain lands; apportionment. (1) An irrigation district that charges for water delivery in the district under the provisions of ORS 545.482 may charge a pressurization charge, in addition to the regular charge. The pressurization charge may be charged against the lands that have appurtenant water rights and to which irrigation water is furnished or is available for delivery by pipe and under pressure. However, a pressurization charge may not be charged unless delivery of water by pipe and under pressure to these lands requires operation, construction and maintenance costs greater than the operation, construction and maintenance costs involved in delivering water to the nonpiped and nonpressurized lands in the district. (2) The board may apportion a pressurization charge allowed under subsection (1) of this section to the water users of the lands served by pipe and pressurized water so that each acre of irrigable land in the district that has piped and pressurized water to it shall be required to pay the same per acre pressurization service charge.
ORS Chapter 545 — Irrigation Districts

ORS 545.488. [Amended by 1989 c.182 29; repealed by 1991 c.459 423s]
ORS Chapter 545 — Irrigation Districts

ORS 545.490. [Repealed by 1991 c.459 423s]
ORS Chapter 545 — Irrigation Districts

ORS 545.492. [Repealed by 1991 c.459 423s]
ORS Chapter 545 — Irrigation Districts

ORS 545.494. Unpaid charge as lien on land; priority respecting other liens and claims. (1) If any incurred charge remains unpaid beyond the due date of the incurred charge, the secretary of the district may file a notice of claim of lien with the recording officer of the county of each county in which land is situated which received or was entitled to receive the benefit of the water delivery for which the incurred charge has been made. The notice of claim of lien shall be in writing and must contain: (a) The name of the water user to whom the water was delivered or was deliverable; (b) A statement of the amount claimed past due; and (c) A description of the land which received or was entitled to receive the benefit of the water delivery sufficient for identification. (2) Upon filing of the notice, the incurred charge and costs of filing and removing the notice shall become a lien upon all lands described in the notice in the amounts set forth opposite each tract of land. The lien shall be prior to all encumbrances of whatever kind or nature, whether executed before or after the lien of the irrigation district is created, or whether recorded or registered or not. The lien of the irrigation district upon each tract of land shall be subject to all lawful taxes levied and assessed for state and county purposes by the county in which the land is located. The lien of the irrigation district shall not be subject or inferior to any claim, lien or assessment of any other taxing district, whenever levied, or whether extended on the county tax rolls for collection or not.
ORS Chapter 545 — Irrigation Districts

ORS 545.496. Collection of incurred charges; withholding of water until payment; interest on unpaid charges. (1) Incurred charges under ORS 545.482, 545.484 and 545.494 shall be collected by the secretary of the district. The district may withhold delivery of water from any tract of land until the incurred charges for the current year and any prior years, including interest and lien and collection costs and fees, are paid in full. (2) If an incurred charge, or any installment of an incurred charge, under ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.498. Surety bond to be given by board secretary prior to handling district funds. Before handling or receiving any funds or collecting any incurred charges as provided in ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.502. Foreclosure; procedure; redemption after sale; attorney fees. (1) At any time after the delinquency date fixed by the resolution and upon the filing of the notice of claim of lien under ORS 545.494, the board by resolution may direct that all delinquent incurred charges then unpaid shall be foreclosed by the district. The foreclosure shall follow the general procedure of a suit in equity and be filed in the circuit court for the county in which the land to be foreclosed is situated. If land in two or more counties is to be foreclosed, separate proceedings shall be commenced in each county as to the lands in that county. In addition to such incurred charges being foreclosed, the district may recover in the suit the costs and disbursements and expenses of foreclosure, including but not limited to recording and filing fees, title search fees, foreclosure reports and a reasonable administrative fee. Any number of tracts of land may be foreclosed in the same suit, without regard to whether they are delinquent for the same or different incurred charges, or for the same or several years. The judgment shall order the sale of the property and order the sheriff of the county to hold the sale in the same manner as other foreclosure sales. The sheriff shall fix the time for holding the sale and give notice of the sale for two consecutive weeks prior to the day of sale by publication of notice once each week in a newspaper published in the county in which the land to be sold is situated. The sheriff shall also post notices in three public and conspicuous places within the county at least two weeks prior to the day of sale. The irrigation district may be a bidder and purchaser of the property at the sale. (2) Property sold under this section may be redeemed within 180 days from the date of sale by the: (a) Former owner whose right and title were sold, or the heir, devisee or grantee of the former owner; or (b) Holder of legal or equitable title or lien upon the land. (3) A person who redeems the property under subsection (2) of this section shall pay the amount provided in ORS 18.582 (2). (4) The court may award reasonable attorney fees to the prevailing party in a foreclosure action under this section. [Amended by 1981 c.897 61; 1991 c.459 423j; 1993 c.771 17; 1995 c.42 119; 1995 c.618 83; 2001 c.476 4; 2003 c.576 498; 2005 c.371 1] Note: 18.582 was repealed by section 73, chapter 542, Oregon Laws 2005. The text of 545.502 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 545.502 for the repeal of 18.582 has not been made.
ORS Chapter 545 — Irrigation Districts

ORS 545.504. Redemption of land upon or prior to foreclosure sale. At any time prior to sale, or at the time of sale, as provided by ORS 545.502, the former owner, incurred charge payer, or holder of legal or equitable title or lien upon or to any tract of land included in the foreclosure and judgment may withdraw the tract of land from the foreclosure and sale by paying the amount of the lien foreclosed, together with the amount of state and county taxes that the irrigation district may have paid, and a proportionate amount of the costs incurred in the foreclosure proceeding. If the payment is to be made prior to the judgment, the payment shall be tendered to the clerk of the court, together with written appearance in the suit. If the payment is to be made after the judgment is entered, the payment shall be tendered to the sheriff ordered to hold the sale. If payment is made before judgment, the tract shall be dismissed from the foreclosure proceeding. If payment is made after judgment, the district shall issue satisfaction of lien to the former owner, incurred charge payer, or holder of legal or equitable title or lien upon the tract, and file the satisfaction of lien for record.
ORS Chapter 545 — Irrigation Districts

ORS 545.506. Payment of taxes by district; amount paid added to lien. At any time after any incurred charge on a tract of land under ORS 545.482 to 545.508 becomes delinquent, the irrigation district may pay any state and county taxes that are due or delinquent on the tract of land and add the amount paid to the lien of the district against the tract.
ORS Chapter 545 — Irrigation Districts

ORS 545.507. Borrowing for payment of operation and maintenance costs. When authorized by a resolution of its board of directors, an irrigation district whose board of directors has provided for the collection of incurred charges of the district in the manner provided in ORS 545.482 to 545.508 may: (1) Borrow moneys for payment of its operation and maintenance costs and expenses in an amount not to exceed 50 percent of the operation and maintenance charge per acre for each acre within the district or the amount of its uncollected charges for operation and maintenance, whichever is greater; and (2) Issue and deliver as evidence of the indebtedness the promissory notes of the district bearing interest. The promissory notes shall be payable at such time as its board of directors shall determine and may contain provisions for payment of the attorney fees of the holder of the notes if suit or action is commenced for the collection of the notes. The district may agree that all or any part of the uncollected incurred charges shall be applied in payment of the promissory notes when collected.
ORS Chapter 545 — Irrigation Districts

ORS 545.508. defined in ORS 706.008, selected by the board of directors. The amounts collected for operation and maintenance, construction, bond principal, interest or other purposes shall be kept in separate funds and accounted for separately. (2) Moneys in the funds shall be paid out only upon order of the board by: (a) Checks or drafts signed by at least two individuals authorized by the board to sign checks or drafts; or (b) Electronic funds transfers authorized by the board and initiated by at least two individuals authorized by the board. (3) As used in this section, electronic funds transfer has the meaning given that term in ORS 293.525. [Amended by 1967 c.451 24; 1991 c.459 423n; 1995 c.42 123; 2001 c.476 10; 2005 c.492 1] BONDS; CONTRACTS WITH STATE OR FEDERAL GOVERNMENT (Authorization for Bonds or Contracts)
ORS Chapter 545 — Irrigation Districts

ORS 545.511. Authorization of bonds, including refunding bonds; contract with state or with United States; election; notice. (1) Upon order of the board of directors entered in the records of the board, an election shall be held to determine: (a) Whether bonds in any amount the board may consider necessary shall be issued for any purpose necessary or convenient in carrying out the Irrigation District Law, including the refunding of outstanding bonds; or (b) Except when an election is not required under ORS 545.513, whether the right to enter into an obligation or contract with the United States or the State of Oregon shall be authorized. (2) Notice of the election must be given by posting notices in three public places in each election precinct in the district for at least 15 days prior to the election. Notice must also be given by publication of the notice in some newspaper published in the county in which the office of the board of directors is located. The notice shall be published in the newspaper once a week for at least four successive weeks prior to the election. For an election called to determine whether bonds will be issued, the notices must specify the time of holding the election and the amount of bonds to be issued. For an election called to determine whether a district will enter into an obligation or contract with the United States or the State of Oregon, the notices must specify the time of holding the election and, when bonds are not to be deposited, the maximum amount of money, exclusive of penalties and interest, payable to the United States or the State of Oregon for construction purposes or in the assumption of liability for district lands for construction purposes. (3) The election shall be held and the result determined and declared in conformity as nearly as practicable with ORS 545.135 to 545.163. Informalities in conducting the election shall not invalidate the election, if the election has been otherwise fairly conducted. The ballot shall contain the words BondsYes and BondsNo, or Contract with the United States or the State of Oregon, as appropriate,Yes and Contract with the United States or the State of Oregon, as appropriate,No, or other equivalent words. If a majority of the votes cast are BondsYes, the board shall cause bonds in that amount to be issued, or such portion of the bonds as may be necessary from time to time. If a majority of the votes cast are Contract with the United States or the State of Oregon, as appropriate,Yes, the board may negotiate and execute a contract with the United States or the State of Oregon. If the majority of the votes cast are BondsNo, or Contract with the United States or the State of Oregon, as appropriate,No, the result of the election shall be declared and entered of record. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.513. Resubmission of questions to electors; contracts not requiring vote. (1) When, after an election called under ORS 545.511, the board considers it to be for the best interests of the district that the question of the issuance of bonds, or the question of a contract in any amount with the United States or the State of Oregon shall be submitted to the electors, the board shall so declare in its minutes, and may then submit the questions to the electors in the same manner and with the same effect as at the previous election. However, an irrigation district may, without a vote of its electorate, enter into a contract with the United States or the State of Oregon which does not create or increase a construction charge indebtedness and which, in the judgment of the district board, is for the best interest of the district. (2) A district may, without a vote of the district electorate, enter into a contract with the United States or the State of Oregon for a loan in an amount that does not exceed the greater of $25,000 or one-third of the average annual operations and maintenance budget of the district for the three most recent years. (3) If an emergency requires immediate repairs to the district delivery system to permit normal operation, the district may borrow moneys necessary for the repairs without a vote by the district electorate. [Formerly 545.194]
ORS Chapter 545 — Irrigation Districts

ORS 545.515. Bonds; interest included in authorized amount. When authorized by the electors, the bonds of a district may be issued so as to include a sum sufficient to pay the first four years interest, or less, to accrue on the bonds. [Formerly 545.196]
ORS Chapter 545 — Irrigation Districts

ORS 545.517. Bonds securing payments to United States. The contract provisions for the payment of construction charges to the United States may call for the payment of such interest, may provide for such installments and may provide for repayment of the principal at such times, as may be required by the federal laws and as may be agreed upon between the board and the Secretary of the Interior. If bonds of the district are issued and deposited for the purpose of securing payment of construction charges to the United States, the bonds may be of such denomination and may provide for the payment of such interest as may be required by the federal laws and as may be agreed upon between the board and the Secretary of the Interior. [Formerly 545.198]
ORS Chapter 545 — Irrigation Districts

ORS 545.519. Issuance of bonds; cancellation of bonds. (1) Bonds shall be issued in accordance with ORS chapter 287A. (2) Nothing in this section shall inhibit the district from providing for the irrigation or drainage in units or portions of units from time to time. (3) The board by resolution entered on its records may cancel any bonds of the district that have not been sold or deposited as security for funds advanced or to be advanced, and that this state, the United States or any other person has no claim to or equity in. After the cancellation, the bonds shall not be sold or otherwise disposed of. After cancellation, the bonds shall be invalid and of no effect. The board may not replace bonds canceled under this subsection without authorization of the electors.
ORS Chapter 545 — Irrigation Districts

ORS 545.521. Bonds of districts organized before 1925 with indebtedness of $50,000; retirement of outstanding bonds as condition of further indebtedness; authorization and sale of refunding bonds; application of proceeds; redemption. (1) When an irrigation district organized prior to 1925 has an outstanding bonded debt in excess of $50,000, if no actual construction of irrigation works has commenced, the irrigation district shall not create a further bonded debt, except from the issuance of refunding bonds, until the bonds outstanding and bonds issued to refund the outstanding bonds have been called and redeemed, or further refunded as a part of new proceedings taken to finance the construction of irrigation works. (2) The district may issue refunding bonds to redeem or replace any of its outstanding bonds. The bonds may bear interest at a rate not exceeding six percent each year. The district shall sell the refunding bonds for not less than par value, after notice published for at least two weeks in a newspaper printed and published within the county in which the district is located. The proceeds of the sale shall be applied in payment of matured or maturing bonds. If the district receives no qualifying bids for the refunding bonds they may be exchanged on a par-for-par basis for the matured or maturing bonds. The refunding bonds shall have serial maturity dates, not exceeding 20 years from issue date, as the board of directors shall specify. However, the board may issue the bonds with optional dates of redemption, and may provide for their calling and retirement upon such interest payment dates as are indicated on the bonds. Notice of intention to redeem the bonds shall consist of a notice from the secretary of the district published within the county in which the district is located, or a direct notice from the secretary to the owner of the bonds, if known. The issuance of the refunding bonds shall not require an election of the voters of the district but shall be done by resolution of the board of directors. [Formerly 545.218]
ORS Chapter 545 — Irrigation Districts

ORS 545.526. [Repealed by 1969 c.345 20] (Bonds and Contracts as General Obligations)
ORS Chapter 545 — Irrigation Districts

ORS 545.529. Bonds and payments payable from assessments; liability of lands. The bonds and the interest thereon and all payments due to the United States or the State of Oregon under any contract between the district and the United States or the State of Oregon, for which bonds of the district have not been deposited with the United States or the State of Oregon, and all obligations for the payment of money authorized and incurred under the Irrigation District Law, shall be general obligations of the district and shall be paid by the revenue derived from the annual assessments upon the land in the district. All the lands in the district shall be and remain liable to be assessed for such payments as provided in the Irrigation District Law. [Formerly 545.204]