reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.160 - Report of commissioners to county court; payment to landowner; recording report; construction of improvement.

The commissioners, or a majority of them, shall make a report to the county court at the next regular session thereof, stating the location of the ditch or other work contemplated, the name of the person entitled to damage, and the amount, if any is assessed. If the county court is satisfied that the report is just, and after payment by the applicant for the right of way of all costs of locating such ditch or other work, and the damages, if any are assessed, the court shall cause the same to be recorded. The applicant then may proceed to make such ditch, or do such work of straightening the stream or building up or straightening the banks thereof, doing as little damage to the land it passes through as possible.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.180 - Bringing additional water into ditch without payment of compensation prohibited; civil liability.

No person shall tap or bring additional water into any drainage district or drainage district ditch already dug without paying a reasonable compensation therefor and securing the written permission of district officials. The criminal penalty for violation of this section shall not relieve the defendant from civil liability for damages.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.310 - Application of ORS 549.320 to 549.400.

ORS 549.320 to 549.400 shall not be construed to interfere with or to prevent the right or power to construct drainage ditches under any other statute of this state, and shall apply only to that portion of the state lying west of the Cascade Mountains.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.320 - Petition by landowners to drain lands or improve drains.

Whenever 60 percent or more of the owners of land contiguous to and crossed by some watercourse or drain desire to have such lands drained or such natural course or drain straightened, altered, widened or deepened, they may petition the county court of the county in which the land is situated for such improvement, describing all property affected thereby and giving the names of the owners thereof. Upon the filing of the petition the county court shall ascertain whether 60 percent or more of the owners of land affected have signed the petition, and if so, shall make a finding to that effect.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.330 - Survey of work; plats, plans; estimates of cost; assessment of damages; hearing and determination by county court.

The county court shall direct the county surveyor, or county engineer if the county employs a registered professional engineer, to make a survey of the work contemplated to be done and prepare plats, plans, profiles and estimates of cost of the work to be done, and shall assess the damage sustained by any person owning any land affected by such improvement, taking into consideration all benefits which will accrue from the work contemplated to be done to the land. The county surveyor, or county engineer, shall file with the county clerk the plats, plans, profiles, estimates of cost, and assessment of damages. Not less than 30 nor more than 60 days after the county surveyor, or county engineer, has filed the data with the county clerk, the county court shall hold a hearing, of which at least 10 days’ notice shall be given to all landowners affected, and to the authority which maintains any highway and to the owners of any railroad or tramway through which or under which any conduit is to be constructed, by publishing the same once a week for two successive weeks in a newspaper of general circulation in the county. At the hearing the county court shall hear evidence in support of the petition and in support of any protest or objection thereto, and after consideration shall determine whether it is to the interest and benefit of the land affected and conducive to the public welfare to grant the petition for the improvement. [Amended by 1965 c.287 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.340 - Construction; functions of county surveyor or county engineer; performance by landowner.

If the county court authorizes the improvement, it shall be done under the direction and supervision of the county surveyor, or the county engineer, who shall set all necessary grade stakes and bench marks. The owner of any of the lands through which or on which any portion of the improvement is to be constructed may, at the expense of the owner, perform such construction work under the supervision of the county surveyor, or the county engineer. If the owner does not elect to do such work, it shall be done by the county under the direction and supervision of the county surveyor, or the county engineer. [Amended by 1965 c.287 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.350 - Report as to work done; assessment of costs; unpaid assessments.

On the completion of the work by the county, the county surveyor or the county engineer shall make and file with the county clerk a report showing in detail the work done on each parcel of land separately owned, the names of the owners, and the amount of costs to each such parcel of land. The cost shall be assessed against the owner of the lands by the county court. Any unpaid assessment may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the assessment and the amount of the assessment in the County Clerk Lien Record. [Amended by 1965 c.287 §3; 1991 c.459 §427]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.360 - Extension of work across or under highway or railroad; duty as to construction and maintenance; cost.

The drainage work may be extended across or under any highway and may also be carried under or through any railroad or tramway. The authority which maintains the highway through which the conduit crosses shall construct and maintain the same in good condition and repair, free from obstruction, at its own expense. The owner of the railroad or tramway under or through which the conduit is to be constructed shall construct and maintain the same in good condition and repair, free from obstruction, at its own expense.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.370 - Maintenance of work; inspection; notice to landowners; when work ordered; assessment of cost.

At least one member of the county court in the fall of each year shall inspect the improvements constructed under the provisions of ORS 549.310 to 549.400, for the purpose of ascertaining whether or not they have been properly maintained and are in a good and serviceable condition. If it is found that the works are not properly maintained or are not in a good and serviceable condition either in whole or in part, the county court shall give notice in writing to the owner of land upon which it was found that the works are not properly maintained or are not in a good and serviceable condition, which notice shall set forth the necessary work to be done and the time of beginning and completion of the same. In the event the owner fails to comply with the conditions set forth in the notice, the county court shall order the necessary work to be done and assess the cost against the land upon which the work was done in the manner provided in ORS 549.350.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.380 - Acquisition of property necessary to improvement; condemnation; prior payment of compensation unnecessary.

Whenever a county court finds it necessary, in order to carry out any of the purposes mentioned in ORS 549.310 to 549.370, to condemn, acquire or appropriate any land, property or right of any nature, it shall so declare its intention by resolution spread on the records of the court, setting out the necessity that exists. If it is unable to agree with the owner for the purchase of such land, property or right, the district attorney for the county, upon request of the county court, shall commence and prosecute in any court of competent jurisdiction, in the name of the county, any necessary suit, action or proceeding for the condemnation of such land, property or right, for such public use. The procedure in such suit, action or proceeding shall be, as far as applicable, the procedure provided by law for the condemnation of lands or rights of way by public or quasi-public corporations for public use or for corporate purposes; provided, nothing in this section shall be construed to require the county to make or tender compensation prior to the condemnation and taking possession of such land, property or right.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.390 - Appeal from order authorizing work or assessing damages.

Any person aggrieved by any order pursuant to the provisions of ORS 549.310 to 549.400 authorizing any construction work or by the assessment of any damages, may appeal to the circuit court within 20 days from the date when the county court approved such improvement. From the judgment of the circuit court an appeal to the Court of Appeals may be taken in the manner provided for appeals in civil proceedings. [Amended by 1979 c.562 §26]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.400 - Obstruction, befoulment or pollution of ditch prohibited.

No person shall throw, dump, place or allow to be thrown, dumped or placed, any rubbish, refuse or any article or thing in any ditch, lateral, canal, slough, waterway or conduit constructed, operated or maintained under the provisions of ORS 549.310 to 549.390, or befoul, pollute or allow to be befouled or polluted any such ditch, lateral, canal, slough or conduit.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.510 - Repair of dikes protecting contiguous tracts of different owners; refusal of one owner to repair; reconstruction by other; recovery of expense.

Whenever two or more contiguous tracts of land, not in a diking district, the property of separate owners, have been protected by a common dike or by separate dikes so constructed as to afford a common benefit to the lands affected thereby, or upon which the dike has been constructed, and any portion of the dike has become broken or destroyed or in such condition of repair that the lands intended to be benefited and protected by the dike are being injured by reason of its broken, destroyed or other bad condition, and the owner of the land upon which the broken or destroyed dike is located refuses to rebuild, repair, reconstruct or otherwise improve the same so as to afford the proper protection and benefit to the land, the owners of the other contiguous tracts may attempt to agree with the owner of the land upon which the dike in question is located, with reference to its repair, reconstruction or rebuilding. If the owner refuses to rebuild, reconstruct or repair the dike, the owners of the other contiguous tracts of land affected by the dike and upon whose land the dikes are in a good condition of repair, may reconstruct, rebuild or repair the broken or destroyed dike and shall be entitled, by action in any court having jurisdiction, to recover from the delinquent owner the reasonable value of the material furnished and labor used in rebuilding, reconstructing or repairing the same, together with the cost and disbursements of such action. The action shall be prosecuted in the name of the owners and against the delinquent party. Any party to the action is entitled to a jury trial.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.520 - Complaint to county judge of neglect to repair; notice; examination; findings; direction to delinquent owner to repair dike.

If anyone neglects to repair, rebuild or reconstruct a dike as specified in ORS 549.510, the owners of the contiguous tracts of land may complain to the county judge of the county in which the lands or some portion thereof are situated, who, after due notice, shall examine the premises. If the county judge determines that the dike is in need of reconstruction, rebuilding or repair, and that the dike is of sufficient benefit to the lands affected thereby to warrant its maintenance, and if the county judge finds that the dikes on the other contiguous tracts owned by the persons complaining are in a good state of repair, the county judge shall so signify in writing and shall cause to be served upon the delinquent owner a copy of such finding and shall direct the owner to rebuild, reconstruct or repair the dike within such time as the judge determines to be reasonable.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.530 - Entry on land by complainant to repair dike; recovery of cost of repair.

If such dike is not repaired or rebuilt accordingly, the complainants may repair or rebuild the dike, and for that purpose may go upon the premises where the destroyed or broken dike is located, doing as little damage as possible thereto, and may recover the value or cost of rebuilding, reconstructing or repairing the dike from the delinquent owner, before any court having jurisdiction.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.540 - Dikes constructed under agreement excepted.

The provisions of ORS 549.510 to 549.530 shall not apply to dikes constructed under agreement between the owners of contiguous tracts of land, under which agreement the maintenance of the dike is provided for.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.605 - Definitions for ORS 549.605 to 549.645.

As used in ORS 549.605 to 549.645, unless the context requires otherwise:
(1) "Commission" means the Water Resources Commission.
(2) "Federal flood control projects" includes all authorized federal projects located wholly or partially within this state which the commission determines would be beneficial to this state as flood control measures.
(3) "Federal government" means the United States, or any agency or instrumentality of the United States which is designated or authorized to engage in flood control projects within Oregon. [1957 c.466 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.610 - Water Resources Commission to participate on behalf of state in federal flood control projects; powers and duties of commission.

The Water Resources Commission is directed to carry out, for and on behalf of the state, the state’s participation in federal flood control projects. In discharging this responsibility, the commission, or one or more of its members or employees designated by the commission to represent it, may sign agreements with the federal government and other persons, to integrate, if possible, into the federal project necessary or desirable state or local features and works, to relocate facilities displaced by such projects and to perform all other acts connected with and necessary to such participation. Work to be done by the state may be carried out by contract or by available state forces or by a combination of these two methods. If the commission deems it to be in the public interest, they may agree with public or quasi-public bodies and other persons affected by such projects to have such bodies or persons perform the work. The commission shall, in all instances, carry out the powers and duties imposed upon it by ORS 549.605 to 549.645 in a manner which will comply with federal flood control legislation and rules and regulations promulgated pursuant to such legislation. [1957 c.466 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.615 - Entering upon land.

The Water Resources Commission and its agents and employees may enter upon lands to gather information when necessary for the performance of those duties imposed upon them by ORS 549.605 to 549.645. [1957 c.466 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.620 - Acquisition of property.

The Water Resources Commission may acquire property, as defined in ORS 35.550 (1), by purchase, donation or condemnation in the manner provided in ORS 35.550 to 35.575, when necessary to carry out the duties assigned it by ORS 549.610. [1957 c.466 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.625 - Powers of commission with respect to acquired property.

As to any property acquired pursuant to ORS 549.605 to 549.645, the Water Resources Commission may sell, donate, exchange or lease it or grant easements thereon, on terms which are beneficial to the state and meet all federal flood control project requirements; and the commission, or one or more of its members or employees designated by the commission to represent it, may execute and deliver, in the name of the State of Oregon, a lease, deed or other instrument of conveyance of such property. These leases, deeds and instruments may contain such reservations as the commission deems necessary to protect the interests of the state in flood control. [1957 c.466 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.630 - Operation and maintenance of projects.

After the completion of a flood control project or a portion thereof and, in the case of projects constructed by the federal government, after such project or a useful portion thereof has been turned over to the state by the federal government, such projects may be operated and maintained by the Water Resources Commission for the primary purpose of flood control; or, when the commission deems such action to be in the public interest, the commission may enter into agreements with public or quasi-public bodies and other persons to operate and maintain such projects. [1957 c.466 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.635 - Agreements for joint participation or aid.

The Water Resources Commission may enter into agreements with the federal government, public and quasi-public bodies, including but not limited to drainage and irrigation districts organized under the laws of Oregon, water control districts and subdistricts formed under ORS chapter 553 and district improvement companies formed under ORS chapter 554, and other persons for the purpose of participating jointly with such bodies or persons in federal flood control projects or aiding such bodies or persons in meeting obligations imposed upon them in connection with federal flood control project agreements. The commission shall not aid or agree to aid any public or quasi-public body or person unless such body or person is meeting satisfactorily or to the best of its ability all obligations imposed upon it under such agreements. [1957 c.466 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.640 - Disposition of moneys received by commission.

Except as provided in ORS 536.500, all moneys received by the Water Resources Commission under the provisions of ORS 549.605 to 549.645, including any allotment of moneys from the federal government to reimburse the state for expenditures made in connection with a flood control project, shall be turned over to the State Treasurer to be placed in the State Treasury to the credit of the General Fund. [1957 c.466 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.645 - Waiver of state’s immunity to suit or action.

Except upon contracts providing for arbitration under the provisions of ORS 36.600 to 36.740, a suit or action may be maintained against the State of Oregon through and in the name of the Water Resources Commission for an injury to the rights of the plaintiff arising from some act or omission attributable to the Water Resources Commission acting as authorized by ORS 549.605 to 549.645. [1957 c.466 §9; 2003 c.598 §46]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.710 - Powers of counties with populations in excess of 50,000.

In any county having a population in excess of 50,000, according to the latest federal decennial census, the county court or board of county commissioners may:
(1) Carry out surveys and plan and engage in projects relating to water conservation and flood control.
(2) Contract and cooperate with federal and state agencies, with other counties and with other public corporations in making surveys and planning and engaging in projects relating to water conservation and flood control.
(3) Provide lands and rights of way, operate and maintain flood control projects and do such other things as are necessary for county participation in federal flood control and water conservation projects.
(4) Remove or destroy drifts and drifting material in rivers and streams or on land that has been flooded. [1957 c.296 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.720 - Procedure for removing or destroying drifts and drifting materials.

When removing or destroying drifts or drifting material in rivers or streams or on land that has been flooded the county shall:
(1) Have the right to enter upon any land for purposes of inspection, removal and destruction of drifts and drifting material.
(2) Give reasonable notice to owners of salvable material that the county has salvaged their property and that if such property has not been reclaimed or arrangements made for its removal within a reasonable time but in no event less than 30 days the county will dispose of the property by sale and, after deducting the amount necessary to reimburse the county for removal costs, hold the balance for one year for the owner. If, at the end of that time, the balance remains unclaimed it shall be placed in the general fund of the county. The county may hold any salvable material until the owner has reimbursed the county for removal costs. [1957 c.296 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.730 - Budgeting and appropriating money for water conservation and flood control.

The county court of each county may include in its budget and appropriate out of moneys in the general fund of the county not otherwise appropriated, an amount for the purposes of ORS 549.710 to 549.730. Out of the amount so appropriated the county court may set aside an amount, not to exceed one-half of the annual appropriation, to be placed in a special fund to be expended for emergency purposes or for future water conservation and flood control programs. [1957 c.296 §3; 1981 c.416 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 549 - Drainage and Flood Control Generally › Section 549.990 - Penalties.

(1) Subject to ORS 153.022, violation of ORS 549.180 is a Class D violation, and the violator shall be compelled to restore the drainage to the condition previously existing.
(2) Violation of ORS 549.400 is a Class C misdemeanor. [Amended by 1999 c.1051 §197; 2011 c.597 §230]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.150 - Purpose of ORS 550.150 to 550.410.

The Legislative Assembly declares the lands protected by the Columbia River levee system in northern Multnomah County to be of statewide and regional significance because they contain significant industrial and economic lands, one of the state’s most important transportation hubs, the Portland International Airport, the second largest source of drinking water in Oregon and a number of important natural assets. This area also represents a significant cultural and community history of flooding, displacement and loss, a history that should be remembered so that it is not repeated. The purpose of ORS 550.150 to 550.410 is to create a new special district that has the legislative authority and financial capability to carry out the purposes set forth in ORS 550.170 (1). [2019 c.621 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.160 - Definitions.

As used in ORS 550.150 to 550.410, unless the context requires otherwise:
(1) "Board of directors" means the nine-member board of directors of the urban flood safety and water quality district selected under ORS 550.195.
(2) "District" means the urban flood safety and water quality district created under ORS 550.170.
(3) "Elector" means an individual qualified to vote under Article II, section 2, of the Oregon Constitution, who resides in the district.
(4) "File for record" means to file a document for recording with the county clerk.
(5) "Green infrastructure" means infrastructure adapted to wet weather management that:
(a) Infiltrates, evapotranspires, captures and reuses storm water to maintain or restore natural hydrology;
(b) Protects or restores natural landscapes;
(c) Uses rain gardens, porous pavements, green roofs, infiltration planters, trees, tree boxes, bioswales or other green infrastructure strategies; or
(d) Harvests rain water from an artificial impervious surface for nonpotable uses, including landscape irrigation and toilet flushing.
(6) "Initial district board" means the 17-member appointed board of directors under ORS 550.190 (1).
(7) "Land" or "tract of land" means real property, including improvements on the property.
(8) "Landscape resilience" means the ability of a landscape to sustain ecological functions, native biodiversity and critical landscape processes over time, under changing conditions and despite multiple stressors and uncertainties.
(9) "Managed floodplain" means the portion of the historic Columbia River floodplain located in northern Multnomah County that requires or benefits from management to accomplish the purposes of the district, as determined by the board of directors.
(10) "Public body" has the meaning given that term in ORS 174.109.
(11) "Works" means dams and storage reservoirs for flood risk reduction, canals, ditches, dikes, levees, revetments, green infrastructure and all other structures, facilities, improvements and property necessary or convenient for conveying and controlling water for the purpose of flood control, environmental benefits or water quality. [2019 c.621 §2; 2022 c.16 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.170 - Urban flood safety and water quality district; boundaries; vested water rights unimpaired.

(1) An urban flood safety and water quality district is created for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining works in order to:
(a) Reduce the risk of flooding;
(b) Protect people and property from flood risk;
(c) Respond to flood emergencies;
(d) Convey water for the purpose of flood safety;
(e) Contribute to improved water quality, fish and wildlife habitat, floodplain restoration and landscape resilience;
(f) Promote equity and social justice in all aspects of the district’s operations;
(g) Prepare for and adapt to the impact of climate change in relation to the managed floodplain; and
(h) Provide the public with information regarding the cultural history of the territory in the managed floodplain.
(2)(a) The boundaries of the district are the boundaries of the portion of Multnomah County that lies within the urban growth boundary adopted by the metropolitan service district under ORS 268.390 as the urban growth boundary exists on September 29, 2019, or as changed by the metropolitan service district under ORS 268.354 on or after September 29, 2019. All cities and taxing districts within the boundaries of the district shall be included in the district.
(b) A change to the boundaries of the district made pursuant to this subsection must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225.
(3) ORS 550.150 to 550.410 may not be construed to affect, amend or repeal any other Oregon law or to affect or impair the vested rights of any person or public body to the use of water or vested rights in the use of water. [2019 c.621 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.180 - District electors and landowners authorized to contest validity of board proceeding, action, order, contract, decision or enactment.

(1)(a) Any elector or owner of land within the district may bring any proceeding that the board of directors is authorized to bring under ORS 33.710.
(b) The proceeding shall be governed by ORS 33.720, except as otherwise provided in this section.
(c) For purposes of this section, the district shall be considered a municipal corporation as defined in ORS 33.710.
(2) The proceeding shall be brought in Multnomah County Circuit Court. The board of directors shall be named as defendant in the proceeding.
(3) Service of summons shall be made on the members of the board of directors personally if within Multnomah County. For directors not within the county, service may be made by publication of notice for a like time, and in like manner, as provided by ORS 33.720. Jurisdiction shall be complete within 10 days after the date of completing publication of notice. [2019 c.621 §4; 2022 c.16 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.195 - Board of directors.

(1) The board of directors shall consist of nine voting directors selected as follows:
(a) One director shall be elected at large by the electors. A candidate for this position must be an elector.
(b) Four directors shall be elected at large by the electors. A candidate for any of these positions must be an elector who:
(A) Resides within the managed floodplain;
(B) Regardless of whether the elector resides within the managed floodplain, owns real property located within the managed floodplain; or
(C) Regardless of whether the elector resides within the managed floodplain, is the designated representative of a business or other for profit or nonprofit corporation that owns real property located within the managed floodplain and is authorized in writing by the owner to be a candidate at the time of filing the declaration of candidacy.
(c)(A) The Governor shall appoint four directors as follows:
(i) One director with expertise or an interest in flood safety;
(ii) One director with expertise or an interest in environmental conservation;
(iii) One director with expertise or an interest in environmental justice; and
(iv) One director representing the Port of Portland from among persons recommended by the board of commissioners of the Port of Portland.
(B) Before making an appointment under subparagraph (A)(i) to (iii) of this paragraph, the Governor shall provide the board of directors with an opportunity to recommend individuals who may have specific kinds of expertise that the board believes to be necessary or beneficial to the district.
(2) Each elected director of the board of directors shall be elected at a regular district election for a term of four years as provided in ORS 255.335.
(3) Each director of the board of directors appointed by the Governor under subsection (1)(c) of this section shall be appointed for a term of four years beginning July 1 and ending June 30.
(4)(a)(A) The board of directors shall fill any vacancy among the elected directors of the board of directors as provided in ORS 198.320.
(B) The Governor shall fill any vacancy among the appointed directors of the board of directors.
(b) A director appointed to the board of directors under paragraph (a) of this subsection shall serve the remainder of the unexpired term of the director that the newly appointed director replaces. [2022 c.16 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.196 - Terms of first directors.

(1)(a) Notwithstanding ORS 550.195 (2), the first directors elected at a regular district election shall determine their terms by lot so that the terms of two directors expire on the first June 30 that occurs at least two years after the date of the regular district election at which they were elected and the terms of three directors expire on the first June 30 that occurs at least four years after the date of the regular district election at which they were elected.
(b) Notwithstanding paragraph (a) of this subsection, if the first elected directors are elected at an election other than a regular district election under ORS 255.335, the directors shall take office upon certification of the election under ORS 255.295 (2) and shall serve until the first June 30 that occurs after the date of the next regular district election, at which election the elected members of the board of directors shall be elected as provided in paragraph (a) of this subsection.
(2)(a) Notwithstanding ORS 550.195 (3), two of the first directors appointed by the Governor shall serve terms ending on the date on which the terms of two of the first directors elected at a regular district election expire as provided in subsection (1)(a) of this section and the other two of the first directors appointed by the Governor shall serve terms ending on the date on which the terms of three of the first directors elected at a regular district election expire as provided in subsection (1)(a) of this section.
(b) The Governor shall determine which of the first directors shall be appointed under this subsection for the two-year and the four-year terms. [2022 c.16 §5a]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.200 - Organizational meeting of board of directors; oath; officers; meetings; quorum.

(1) As soon as practicable after the election and appointment of the directors to the board of directors, the directors shall meet to qualify all individuals elected or appointed as directors by administering an oath of office and to elect the officers of the board of directors.
(2) The directors shall elect from their number a chair and vice chair. Such officers have the authority and duties granted them by the board of directors.
(3) The board of directors shall meet at times and places that the board of directors considers necessary or convenient.
(4) A majority of the directors shall constitute a quorum for the transaction of business. [2019 c.621 §6; 2022 c.16 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.210 - Duties of board of directors.

The board of directors shall:
(1) Manage and conduct the affairs of the district.
(2) Employ and appoint agents and employees and prescribe the duties and fix the compensation of the agents and employees.
(3) Establish reasonable bylaws and rules for the administration of the affairs of the district.
(4) Adopt ordinances under ORS 198.510 to 198.600 that the directors consider necessary or convenient for carrying out or enforcing the district’s powers and duties under ORS 550.150 to 550.410.
(5) Establish and maintain funds and accounts for the moneys of the district.
(6) Obtain an annual audit of the books of the district.
(7) Fix the location of the principal office of the district at some convenient place within the district.
(8) Keep a record of all proceedings of the board of directors.
(9) File for record all documents required by law to be recorded.
(10) Establish the boundaries of the managed floodplain. The board of directors may amend the boundaries from time to time as the board deems necessary or prudent to address regulatory or environmental changes that affect the need for district management to accomplish the purposes of the district set forth in ORS 550.170.
(11) Consider equity and inclusion in all aspects of administering the district.
(12) Call elections within the district as provided in ORS chapter 255, including, but not limited to, elections for the purposes of ORS 550.190 and 550.340.
(13) Do such other acts and things as may be necessary or proper for the exercise of the duties imposed on the board of directors. [2019 c.621 §7; 2022 c.16 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.220 - Stakeholder advisory committees.

The board of directors may appoint stakeholder advisory committees to:
(1) Advise the board of directors on aspects of the operation of the district;
(2) Assist with community outreach and citizen participation; and
(3) Advise on such other matters as the board of directors deems necessary or beneficial to the district. [2019 c.621 §8; 2022 c.16 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.230 - General powers of district.

To carry out the purposes for which it was created, the urban flood safety and water quality district is a body corporate and has the power to, without limitation:
(1) Have and use a seal.
(2) Have perpetual succession.
(3) Sue and be sued in its own name.
(4) Acquire by condemnation, purchase, devise, gift or voluntary grant real and personal property, or any interest in such property, located inside or outside the boundaries of the managed floodplain, as the board of directors deems necessary for the purposes of the district set forth in ORS 550.170, and dispose of such real and personal property when the board of directors deems the property unnecessary for the purposes of the district set forth in ORS 550.170.
(5) Enter into intergovernmental agreements under ORS chapter 190 for the construction, preservation, improvement, operation or maintenance of any works or other services.
(6) Enter into contracts with the federal government, including, without limitation, the United States Army Corps of Engineers and the Federal Emergency Management Agency.
(7) Build, construct, purchase, improve, operate and maintain, subject to all applicable provisions of law, all works that the board of directors considers necessary or desirable.
(8) Enter into contracts and employ agents, engineers and attorneys.
(9) Enter into contracts or grant agreements with nonprofit corporations or community groups.
(10) Acquire and maintain water and water rights, as the board of directors deems necessary for the purposes of the district set forth in ORS 550.170.
(11) Enforce the authority of the district and protect the district’s works against public nuisances, obstructions or discharges on public or private property that the district deems to have a negative impact on the district’s works.
(12) Dissolve any drainage district or corporation described in ORS 550.360 that is located entirely within the boundaries of the district and assume the assets of the dissolved district or corporation, including all lands and personal property, water rights, obligations, debts and liabilities.
(13) Do such other acts and things as may be necessary or proper for the exercise of the powers granted to the district. [2019 c.621 §9; 2022 c.16 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.240 - Eminent domain.

(1) Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (4) shall be governed by ORS 35.015 to 35.530.
(2) The district’s authority to condemn property is limited to property located:
(a) Within the managed floodplain; or
(b) Outside the managed floodplain if the board of directors deems such property to be necessary for flood control within the managed floodplain.
(3) The district’s authority to condemn property includes property already devoted to a public use, if acquisition of such property is required by regulations applicable to the district under federal law, is required by a federally mandated agreement between a federal agency and the district or is approved by the public body that owns the property.
(4) If the district seeks to acquire by eminent domain all or a portion of property dedicated to open space under the land use regulations of a city or county, just compensation shall be determined based on the zoning designation applicable to the property immediately prior to the open space dedication. [2019 c.621 §10; 2022 c.16 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.250 - District activities as urban services.

Activities of the urban flood safety and water quality district are deemed to be urban services, as defined in ORS 195.065, if the district engages in the activities to manage flood control and safety, water quality or surface water. [2019 c.621 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.260 - Plan for watershed and habitat improvement and landscape resilience; decennial review.

(1)(a) The urban flood safety and water quality district shall prepare a plan for watershed and habitat improvement and landscape resilience within the managed floodplain. The watershed improvement plan shall be coordinated with plans or programs of other jurisdictions with authority over watershed management within the managed floodplain.
(b) The urban flood safety and water quality district may seek funding from other sources if the district determines that the watershed improvement plan would benefit the region or the state.
(2)(a) A watershed improvement plan prepared pursuant to this section must:
(A) Include existing and proposed works of the district and of other public and private agencies relating to flood safety and watershed health; and
(B) Demonstrate a basis for the coordination and planning of future works of the district, governmental agencies and private interests to contribute to improved water quality, fish and wildlife habitat and landscape resilience while reducing the risk of flooding, protecting persons and property from flood risk, improving response to flood emergencies and providing for conveyance of water for flood safety.
(b) A watershed improvement plan and works included in the plan must be based on assessments of data and information critical for evaluating and monitoring flood safety or watershed health.
(3)(a) The initial district board appointed under ORS 550.190 (1) shall consider the projected scope of a watershed improvement plan and the impact of the plan on the cost of the district’s works in the course of developing methods of funding the operations of the district as provided in ORS 550.190 (2).
(b) The board of directors shall complete a watershed improvement plan within three years following the date on which the first board of directors commence their terms of office as provided in ORS 550.195 and 550.196.
(4) The district shall review and update the watershed improvement plan at least every 10 years. [2019 c.621 §12; 2022 c.16 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.270 - Construction of district works.

(1) The urban flood safety and water quality district may undertake construction of works upon approval of the proposed works by the board of directors.
(2) The board of directors shall obtain engineering plans for any works that require engineering. [2019 c.621 §13; 2022 c.16 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.280 - District contracts subject to Public Contracting Code.

The urban flood safety and water quality district is a contracting agency as defined in ORS 279A.010 for all applicable requirements of the Public Contracting Code. [2019 c.621 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.290 - Construction on public land or right of way or along public watercourse.

(1) The urban flood safety and water quality district may construct works:
(a) Across or along any street or public highway, or over any lands, that are the property of the state or of any political subdivision of the state.
(b) Across or along any stream of water or watercourse, any ground water resource or any affected lands that are the property of the state or of any political subdivision of the state.
(2) When constructing works under this section, the district shall comply with all federal, state and local permitting and regulatory requirements and restrictions applicable to the district’s work in a street, right of way, stream of water or watercourse or ground water resource that is the property of the state or of any political subdivision of the state. [2019 c.621 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.300 - Financing construction, operation or maintenance of district works; local option taxes prohibited.

(1) The board of directors may finance the construction, operation or maintenance of district works by the following means:
(a) Assessments made under ORS 550.310 against the benefited lands in the district, with or without the issuance of works bonds.
(b) Service and user charges imposed under ORS 550.330, with or without the issuance of revenue bonds.
(c) Issuance of general obligation bonds under ORS 550.340.
(d) Any other means authorized by law.
(e) Any combination of the means described in this section.
(2) Notwithstanding subsection (1) of this section, the board of directors may not levy local option taxes under ORS 280.040 to 280.145. [2019 c.621 §16; 2022 c.16 §13]