reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.310 - Assessments against benefited lands for district works; apportionment; hearing; works bonds.

(1) All or part of the cost of building, constructing, purchasing, operating, maintaining or improving works of the urban flood safety and water quality district may be assessed against the lands to be benefited by the works. The board of directors shall determine the portion of the cost, if any, that is to be paid from the general fund of the district and the portion that is to be paid by assessments against the lands benefited.
(2) Assessments shall be apportioned by the board of directors among benefited lands in accordance with the special and peculiar benefit to be received from the district works by each lot or parcel of land. For parcels of land, or any portion of the parcels, in the district that are undeveloped, the board of directors may, in its discretion, defer assessing or imposing all or any portion of the assessments on such parcels until the parcels are connected with, or receiving services from, the district works.
(3) The board of directors shall afford an opportunity for hearing any objections or remonstrances to assessments under this section. If the board of directors receives objections or remonstrances that are signed by more than 50 percent of the landowners representing more than 50 percent of the territory within the proposed assessment district, the proposed assessment may not be imposed.
(4) If any portion of the cost of district works is assessed against benefited lands under this section, the board of directors may issue works bonds in the total amount of the valid applications the board of directors has received to pay assessments in installments as provided by ORS 223.205 and 223.210 to 223.295. [2019 c.621 §17; 2022 c.16 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.320 - Ad valorem property taxes; Local Budget Law applicable.

(1)(a) The urban flood safety and water quality district may annually impose, assess and collect a tax on all taxable property located in the district in an amount sufficient to pay the principal and interest due in the fiscal year on outstanding general obligation bonds issued by the district.
(b) The tax imposed pursuant to this subsection shall be applied only in payment of the principal and interest due on bonds issued by the district. In addition, the district may apply any otherwise unobligated district funds toward payment of the principal and interest due on the bonds.
(2) The district is a municipal corporation for purposes of ORS 294.305 to 294.565 and shall file a written notice with the county assessor as required under ORS 310.060. [2019 c.621 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.330 - Service and user charges for district works; collection agreements; revenue bonds.

(1) To pay the costs of acquiring, purchasing, constructing, improving, operating and maintaining district works, the board of directors may adopt an ordinance to:
(a) Impose and collect service charges, fees or rates on the owners or occupants of property served by the works of the district.
(b) Impose and collect user charges, fees and tolls for connection to or use of works, facilities and services of the district.
(2) Charges, fees, rates and tolls described in subsection (1) of this section shall be based on the costs of acquiring, purchasing, constructing, improving, operating and maintaining the works, facilities or services and of administering the charges.
(3) The board of directors may adopt differential charges or rates applicable to unique, qualitatively different areas within the district when the board of directors deems such differential charges or rates necessary, beneficial or equitable.
(4) Service charges, fees and rates imposed on the owners or occupants of property located outside the managed floodplain shall be commensurate with:
(a) The benefits received by such properties from the works; or
(b) The costs actually incurred by the district related to such properties, including, but not limited to, pumping of storm water runoff.
(5) The district may enter into intergovernmental agreements under ORS chapter 190 with cities located in whole or in part within the district boundaries to collect service charges, fees and rates on behalf of the district.
(6) The board of directors may issue revenue bonds by pledging all or part of any charge, fee, rate or toll adopted pursuant to this section. All revenue bonds issued under this section shall be issued as prescribed in ORS chapter 287A. [2019 c.621 §19; 2022 c.16 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.340 - General obligation bonds.

(1)(a) Upon approval of the electors of the urban flood safety and water quality district, the district may issue general obligation bonds. The district may not issue or have outstanding at the time of issuance general obligation bonds in a principal amount that exceeds two percent of the real market value of all taxable property in the district, calculated as provided under ORS 308.207.
(b) Bonds issued under this section may be issued solely for the purpose of financing:
(A) Capital construction or capital improvements within the meaning of Article XI, section 11, of the Oregon Constitution;
(B) Capital construction or improvements within the meaning of Article XI, section 11b, of the Oregon Constitution; or
(C) Capital costs within the meaning of Article XI, section 11L, of the Oregon Constitution.
(2) All general obligation bonds, including refunding bonds, issued under this section shall be issued as prescribed in ORS chapter 287A. [2019 c.621 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.350 - Loan agreements with state and federal agencies; enforcement by order of circuit court; filing of loan certificate.

(1) The urban flood safety and water quality district may enter into a loan agreement with a state or federal agency. The loan agreement shall be in such form and contain such terms as the district and the agency may agree to.
(2) The district may agree to impose and collect assessments against each tract of land benefited by the works or services financed by the loan agreement, to take all actions necessary to impose and collect the assessments, to assign to the lending agency the assessments as security for the loan and to take all actions within the period of time agreed to by the district and lending agency.
(3) If the lending agency pays over money to the district pursuant to the terms of a loan agreement entered into under this section and the district fails, refuses or neglects to impose or collect the assessments, to obtain or prepare a roll of benefited tracts of land, to assign the assessments or in any other manner to perform as agreed under the loan agreement, the lending agency has the right, at the agency’s election, to apply to Multnomah County Circuit Court for a writ of mandamus, or any other order or writ, to require the district or the directors, employees and agents of the district to perform as agreed to under the terms of the loan agreement. In addition to the assessments imposed under the loan agreement, all costs, charges and expenses pertaining to the issuance and execution of a writ or order under this subsection shall be charged to and collected from the lands subject to the assessments.
(4) Upon the execution of a loan agreement under this section, the district shall file for record a certificate that states the date of the loan agreement, the maximum amount, term and rate of the loan and the recording data pertaining to the recorded order creating the district. The certificate must give notice that all lands within the district determined to be benefited by the construction of the works specified in the loan agreement are subject to the assessments imposed under this section. [2019 c.621 §21]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.370 - Notice requirements.

(1) Except as provided in subsection (2) of this section, when notice is required to be given by publication under ORS 550.150 to 550.410, the notice must be published in a newspaper of general circulation within the boundaries of the urban flood safety and water quality district, or if there is no such newspaper, in a newspaper of general circulation in Multnomah County.
(2) This section does not apply to provision of notice for an election. [2019 c.621 §23]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.380 - Election laws applicable.

(1) ORS chapter 255 governs the nomination and election of the board of directors of the urban flood safety and water quality district and the conduct of all district elections.
(2) The electors may exercise the powers of the initiative and referendum regarding a district measure in accordance with ORS 255.135 to 255.205. [2019 c.621 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.390 - Waterway pollution; penalty.

(1) A person commits the crime of waterway pollution if the person:
(a) Throws, dumps or otherwise places, or permits to be thrown, dumped or otherwise placed, any rubbish, refuse or any other matter or object in any ditch, lateral, canal, slough or other waterway or conduit used in connection with any works or waterway under the control of the urban flood safety and water quality district;
(b) Befouls or pollutes, or allows to be befouled or polluted, any waterway or conduit described in paragraph (a) of this subsection; or
(c) Obstructs, or allows to be obstructed, in any manner, any waterway or conduit described in paragraph (a) of this subsection.
(2) Waterway pollution is a Class C misdemeanor. [2019 c.621 §25]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.400 - Civil liability for remediation costs.

(1) Regardless of any criminal prosecution or the result of a prosecution under ORS 550.390, the urban flood safety and water quality district or any other person injured by a violation of ORS 550.390 may bring a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions caused the injury to a waterway described in ORS 550.390 owned or controlled by the district or person.
(2) Upon prevailing in such civil action, the plaintiff may recover damages measured by the total costs of remediating the injury actually incurred by the district or the person that owns or controls the injured waterway. [2019 c.621 §26]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 550 - Urban Flood Safety and Water Quality District › Section 550.410 - Additional cause of action for certain impairments of district works.

(1) As used in this section, "actionable condition" means a condition on public or private property that obstructs, clogs, damages, injures, reduces the efficiency of, impairs the usefulness of or otherwise has a negative impact on the district’s works.
(2) In addition to the remedies provided under ORS 550.390 and 550.400, when an actionable condition exists, the district may bring a civil action in Multnomah County Circuit Court against the person or persons responsible for creating or maintaining the actionable condition.
(3) The civil action may include a request for one or more of the following remedies:
(a) Injunctive relief;
(b) Authority to enter onto the property to abate the actionable condition; and
(c) Remediation costs and damages that arise from the existence or abatement of the actionable condition. [2022 c.16 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.010 - Use of "lands" in chapter; railroads subject to taxation; duties of surveyor and engineer.

(1) When the term "lands" is used in this chapter in reference to taxation, it shall not be held to include improvements thereon; but the roadbed of railway lines within diking districts shall be subject to taxation for diking purposes.
(2) For purposes of this chapter, duties prescribed for the county surveyor may also be performed by the county engineer if the county employs a registered professional engineer. [Amended by 1965 c.286 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.020 - Petition for formation of diking district; bond.

One-half or more of the owners of lands which may be conveniently embraced in one diking district and which are subject to overflow by tidewaters or freshets, and who represent one-half or more of the area of the lands embraced within the proposed diking district, may present a petition to the county court of the county in which the lands are situated, reciting therein that it is desired to form a diking district for the purpose of improving by diking or damming the lands contained therein, which are subject to overflow by tidewater or by freshets, as the case may be, and further giving by legal subdivisions, or by metes and bounds, the description of such lands as are desired to be included in the district, and stating that the petitioners are the owners of one-half or more of the acreage to be embraced in the district. If, upon consideration of the petition, the county court finds the statements therein are substantially correct, the court shall require the petitioners to give a bond sufficient to cover the preliminary expenses of the proceedings.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.030 - Publication of petition; order to show cause; viewers to investigate proposed works.

(1) The county court or board of county commissioners shall then have the petition published in a newspaper of general circulation in the county in which the district is headquartered once each week for four consecutive weeks, together with an order citing all interested parties to appear before the court on a given date, after the time of publication of the notice has expired, and show cause why the petition should not be granted.
(2) The court shall appoint three disinterested viewers, nonresidents of the proposed district, together with the county surveyor, to view out the proposed dikes and dams, along the most practical route to accomplish the object desired, at the least possible cost and expense. [Amended by 1989 c.182 §44]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.040 - Duties of surveyors and viewers.

The routine of procedure under this chapter shall be as far as practicable the same as prescribed by the road law of the state for survey, location and establishment of county roads. The surveyors and viewers appointed shall meet as prescribed by the county court. They shall trace upon the ground the line of the dikes and dams necessary, and shall keep an accurate record of the magnetic bearings and the distances upon the same. They shall designate the width of the right of way through which the dikes and dams shall pass, which right of way, if the petition is granted, shall be the property of the district in so far as is necessary for the purpose of building and maintaining the works. The surveyors and viewers shall also define the boundaries of the district, and make an accurate list, by legal subdivision, of the lands embraced therein, and the names of the owners thereof. They shall further make plans for, and estimate the cost of, the proposed dikes and dams, and shall file with the county clerk, at least one week before the day set for a hearing, a complete report of their works. Their report shall be open to public inspection.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.050 - Hearing; postponement; decision of court.

At the time advertised for the hearing of interested parties, the court may postpone the hearing as may be necessary in order to allow the viewers more time in which to report, or for other good cause. If, upon the final hearing, the county court, from the report of the viewers and the testimony of interested persons, believes that the benefits to be derived from forming a diking district are not sufficiently great to justify the expenditure which will be incurred, the petition and report shall be dismissed at the cost of the petitioners. If the court believes that the proposed improvement will be for the general public good, and that the increase in the taxable value of the land will be greater than the cost, or that destruction of or damage to property equal to the cost will be prevented, the petition shall be granted and the district formed, a number given by which it shall be designated in future proceedings, the report of the viewers adopted and incorporated in the court records, and the cost of the preliminary work assessed upon the district.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.060 - Apportionment of cost of dikes and dams.

After the petition has been granted and the proceedings had as specified in ORS 551.050, the court shall apportion the estimated cost of the dikes and dams among the landowners of the proposed district, in proportion to the valuation of the lands therein, according to the estimated value placed upon the respective tracts by the viewers. The cost thus apportioned shall be a tax upon the land and shall be placed upon the assessment roll of the county for the current year. Such taxes for diking purposes shall have the same legal effect and be collected in a like manner as other state and county taxes upon the assessment roll. [Amended by 2001 c.497 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.070 - Advertisement for bids; contracts; bond; personal subscriptions; modification of plan.

When the tax has been collected or the application filed as provided in ORS 551.080, the county court shall advertise for bids on the proposed work, either as a whole or in parts, as may be deemed most economical. The advertisement for bids shall be published in the official county paper once each week for two successive weeks previous to letting the contracts. The contracts shall be drawn in such terms as will insure the district against loss, and a bond required of the contractor such as will insure the completion of the work in case of failure to comply with the agreement. No contract shall be awarded which calls for an expenditure of a sum of money greater than the tax levied for the purpose; provided, that the difference may be made up by personal subscriptions; and provided also, the court may modify the plan so as to bring the cost of work within the tax levy, if such modification can be made without material detriment to the improvements.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.080 - Application for payment of assessments in installments.

After the assessments have been made, the owner of any property assessed for such improvement in a sum not less than $50 may, at any time within 10 days after the cost of such diking district has been apportioned, file with the clerk of the county court a written application to pay the assessment in installments. The application shall state that the applicant waives all irregularities or defects, jurisdictional or otherwise, in the proceedings to create the diking district, and in the assessment and apportionment of costs. The application shall contain a provision that the applicant agrees to pay the assessment in five annual installments with interest at the rate of six percent per annum. But no such application shall be received and accepted where the assessment exceeds the assessed valuation of the property on the tax roll of the county. The installments shall be paid annually from the time of the apportionment of the costs. In case of default in the payment of any installment for 20 days after it becomes payable, the whole of the remaining unpaid sum shall be collected as a tax against the property assessed for the same.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.090 - Meetings of landowners; procedure; selection of advisory board and superintendent.

(1) Within 10 days after the petition has been granted, the petitioners shall call a meeting of the landowners of the district, to be held in the district at a time and place by them designated, for the purpose of choosing three landowners as an advisory board and nominating one landowner for superintendent of the district. Notice of the meeting shall be signed by at least three of the petitioners and posted in three public places in the district five days before the date of the meeting.
(2) At the meeting and at all subsequent district meetings one-half of the landowners in the district being the record owners of at least one-half of the number of acres of land therein shall constitute a quorum competent to transact business, and each landowner present shall be entitled to one vote for each acre of land in the district of which the landowner is at the time the record owner. All meetings shall be organized by selecting a chairperson and secretary. The secretary shall certify all proceedings taken and file the same with the county court of the county within five days after any meeting.
(3) The advisory board shall assist the superintendent with its advice and counsel concerning the necessity of work and the manner thereof and in the repair and maintenance of the dikes and dams in the district. The members of the advisory board shall hold office until the next annual meeting and until their successors are elected and qualified.
(4) There shall be an annual meeting of the landowners of the district on the first Monday in November of each year at 11 a.m., at which time, or at an adjourned meeting thereof, three landowners of the district shall be chosen for the advisory board, and a superintendent shall be nominated for the next calendar year, whose selection shall be certified to the county court on or before January 1 each year. The county court shall appoint for superintendent of dikes in each district the person so nominated by the landowners. Should the district fail to file with the county court a certificate of the nomination of a superintendent, then the county court shall make its own selection from the landowners in the district and appoint the superintendent. In either case the superintendent shall serve until the next annual appointment and until a successor is appointed, subject to removal by the court for neglect of duty, incapacity or other good cause. In case of vacancy in the superintendent’s office the county court may, on consultation with the advisory board, fill the vacancy until the next annual selection.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.100 - Superintendent; compensation; powers and duties; estimate of maintenance costs as basis for annual tax levy.

(1) The superintendent:
(a) Shall receive such pay for services as the court may allow, but shall be paid only for the time actually employed, and in no case shall the rate of pay exceed that allowed by the county surveyor.
(b) Shall oversee the construction and repair of dikes and dams.
(c) Shall see that all contracts are faithfully executed, and the work done in a thorough manner.
(d) After the dikes are completed, may employ the labor necessary to maintain them at the usual rate of wages allowed to laborers on the county road; provided, that in an emergency the county court may allow a higher rate of wages; and provided, further, that the county court may, with the approval of the advisory board, allow work on maintenance to be done by contract.
(2) The superintendent shall also, not less than 15 nor more than 30 days prior to the beginning of each fiscal year, file with the county court an estimate of the money required for the maintenance of the dikes and dams for the succeeding year. Such estimates added to any indebtedness there may be against the district shall be the basis of the tax for next year. The advisory board also shall file with the county court, on or before the 15th day preceding the beginning of each fiscal year, an estimate of the money required for the maintenance of the dikes and dams for the next succeeding year with a statement of the work in its opinion, required to be done, which estimates the court may consider in making its levy.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.110 - Deposit of district funds; payment of claims.

Moneys of a district may be deposited in accordance with ORS 295.001 to 295.108 and as designated by the superintendent of the district in consultation with the advisory board. Moneys deposited may be withdrawn or paid out only upon a proper order and warrant or upon a check signed by the superintendent. The order shall:
(1) Specify the name of the person to whom the moneys are to be paid;
(2) Specify the fund from which the moneys are to be paid;
(3) State generally the purpose for which the moneys are to be paid; and
(4) Be entered in the record of proceedings of landowner meetings. [Amended by 2001 c.497 §2; 2019 c.587 §45]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.120 - Damages; recovery by landowner.

If, in locating and establishing the dikes and dams provided for in this chapter, an owner of land through which they pass is aggrieved on the score of right of way or other causes, the owner shall have proper damage. In such cases claims for damages shall be filed and the amount thereof determined in accordance with the general road law in like cases. The damages allowed shall be assessed against the lands of the district in the same manner as the tax for construction, and paid to the aggrieved parties in the same manner in which other claims are paid.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.130 - Organization of repair and maintenance district for land already diked; levy in proportion to benefits; credit for original cost.

Owners of land already diked may organize districts for the repair and maintenance of the dikes and dams thereof by complying with the procedure prescribed in this chapter, except that the petition need not be signed by more persons than the owners of more than one-half of the acreage embraced in the limits of the proposed district. The board of viewers shall provide for placing the dikes and dams in thorough repair and up to a uniform standard, and shall levy the cost of such repairs in the first instance, not upon the assessed valuation of the lands, but in proportion to the benefits conferred. The value of the dikes and dams as they stand shall be estimated and due credit given to the lands which have borne the original cost of construction; provided, such credit shall entitle the land to no consideration greater than release from the cost of repairs in the first instance.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.140 - Realignment of dikes by landowner.

Any person through whose lands a dike has been constructed under this chapter may be allowed to construct a dike upon new lines between any two points on the original line. In such case the owner shall file application with the county court, giving a plat of the proposed change, and indorsed by the superintendent of the district. If the court is satisfied that the change is not detrimental to the district, the application shall be granted. The applicant shall construct the new dike at the expense of the applicant, and up to the standard of the original, of which fact the superintendent shall be the judge. The dike thus constructed shall become the property of the district in the same manner as the original, and subject to the same regulation, and the right of way of the original dike shall thereupon become vacated.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.150 - Vacation of right of way; reversion to original owner.

The county court may vacate the right of way through which the dikes and dams pass, in the same manner in which county roads are vacated, and the right of way shall thereupon revert to the original owner.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.160 - County authority as to dikes and dams.

The governing body of any county shall have the powers provided for it in this chapter to regulate the building and maintenance of dikes and dams for the purpose of reclaiming and improving submersible lands as defined in ORS 274.005, or lands subject to overflow by freshets, and for the purpose of protecting lands from overflow where great damage is liable to be caused thereby. [Amended by 1969 c.594 §60]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.170 - Appeals from county court.

Appeals may be taken from the action of the county court in carrying out the provisions of this chapter in like manner as appeals are provided for under the road law. Any judgment resulting therefrom shall be an expense upon the district, and not upon the county, and shall be provided for in the tax levy upon the district.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 551 - Diking Districts › Section 551.180 - Dissolution conditions and procedure.

(1) A diking district may be dissolved in accordance with ORS 198.920 to 198.955 if:
(a) Either an existing drainage district formed under ORS chapter 547 or an existing water control district formed under ORS chapter 553 agrees to continue to provide operation and maintenance of the levees and perform other flood control and related works and improvements to the inhabitants of the diking district;
(b) Any other sponsoring governmental agency to which the district owes an obligation under a contract or agreement consents to the dissolution and turnover to the successor district; and
(c) The dissolving district has no outstanding indebtedness.
(2) The dissolution may be initiated by the board of county commissioners of the county in which the district is located notwithstanding the provisions of ORS 198.920 (1)(c)(A). If the proposal meets all the conditions described by subsection (1) of this section, the board of county commissioners shall dispense with the election required by ORS 198.935. [1973 c.665 §2; 2011 c.9 §75]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.013 - Definitions.

As used in this chapter, except when the context requires otherwise:
(1) "County board" means the county court or the board of county commissioners of a county.
(2) "District" means a water improvement district proposed or created under this chapter.
(3) "District board" means the board of directors of a district.
(4) "Engineering plan" means the plans and specifications for the works to be constructed including:
(a) Maps, profiles, plans and other data necessary to show the location and character of the work, and the property benefited, taken or damaged;
(b) All rights of way or other property which may be required for the construction of the works; and
(c) Estimates of the cost of the works and of the benefits and damages which will accrue to each tract of land upon the construction of the works.
(5) "Filed for record" means to file a document for recording with the county clerk of each county in which the lands within a district are located.
(6) "Land" or "tract of land" means real property, together with improvements thereon, within a district.
(7) "Landowner," "owner," "owner of land" and "owner in fee" are synonymous and mean a person owning a tract of land situated within a district. The vendee named in a bona fide contract of sale of a tract of land situated within a district shall be considered a landowner to the exclusion of the vendor. When two or more persons own a tract of land as tenants in common or by the entirety, each person shall be regarded as a landowner.
(8) "Real market value" means real market value computed in accordance with ORS 308.207.
(9) "Works" means dams, storage reservoirs, canals, ditches, dikes, levees, revetments, and all other structures, facilities, improvements and property necessary or convenient for draining land, controlling flood or surface waters, or supplying water for irrigation, domestic supply or other purposes. [1969 c.606 §2; 1983 c.83 §100; 1991 c.459 §428]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.108 - Creation of water improvement district; purposes; limitation.

(1) A water improvement district may be created as provided by this chapter for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining drainage, irrigation, and flood and surface water control works in order to prevent damage and destruction of life and property by floods, to improve the agricultural and other uses of lands and waters, to improve the public health, welfare and safety, to provide domestic or municipal and industrial water supply, to provide water-related recreation and for the purpose of enhancing water pollution control, water quality, and fish and wildlife resources.
(2) Nothing in this chapter grants to a district the power to generate, distribute, transmit or sell electricity or to sell water or falling water to any person to generate electricity. [1969 c.606 §3; 1987 c.185 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.113 - Water rights protected; minimum acreage requirement; withdrawal procedure for city or other special districts.

(1) This chapter shall not be construed to affect, amend or repeal any other law of Oregon or to affect or impair the vested rights of any person or public body as defined in ORS 174.109 to the use of water or rights in the use of water.
(2) A water improvement district formed under this chapter shall include not less than 1,000 acres of land. Lands located within the boundaries of a city, domestic water supply corporation, irrigation district, drainage district or other similar special district providing water for use or water control may be included within the boundaries of a water improvement district without the consent of the city or other district.
(3)(a) If any part of a city or other special district is included within the boundaries described in a petition for creation of a district or for annexation of territory to a district, within three days after the petition is filed, the petitioners shall notify the city or other district of the filing of the petition.
(b) The city or other district may withdraw the territory within its boundaries from the proposed water improvement district or annexation by describing the area within the city or other district in a resolution and filing the resolution with the county board within 90 days after the filing of the petition. If a withdrawal is so filed, the area within the city or other district shall not be included within the proposal. [1969 c.606 §16; 2003 c.802 §135]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.118 - Petition contents.

In addition to other matters the petition for formation of a district shall include:
(1) An estimate of the acreage of land within the district and an estimate of the acreage within each county if the district is located in more than one county; and
(2) The maximum rate of any ad valorem tax, if any, that may be levied by the district as permitted by ORS 552.625. [1969 c.606 §4; 1971 c.727 §164; 1991 c.459 §428a]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.133 - Election on formation.

If an election is called on the question of formation, it shall be held on a date specified in ORS 255.345. An order creating a district shall include the maximum rate of any ad valorem tax levy for the district. [1969 c.606 §7; 1971 c.727 §165; 1983 c.350 §299]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.138 - Status of final order; time for protest.

(1) No final order creating a district shall be set aside, or annulled upon appeal or review, on account of any defect or irregularity in the petition asking for organization of the district, or notice of hearings thereon, which does not materially affect the substantial rights of an interested party.
(2) No proceeding may be maintained contesting the validity of the creation of a district unless instituted within 90 days after the entry of the final order of the county board. [1969 c.606 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.143 - Proceedings to test validity of order or act of district board.

(1) In addition to the proceeding a district is authorized to bring under ORS 33.710 and 33.720, any landowner or elector of a district may bring a like proceeding in the circuit court of the county where the lands within the district, or the greater portion thereof, are situated, to determine the validity of any order or the performance of any act mentioned in ORS 33.710, for which a contest is by that section provided. In such a proceeding the district board shall be made parties defendant.
(2) Service of summons shall be made on the members of the board personally if within the county where the district, or any part thereof, is situated. As to any directors not within the county, service may be had by publication of summons for a like time, and in like manner, as is provided by ORS 33.720. Jurisdiction shall be complete within 10 days after the date of completing publication of notice.
(3) The proceeding shall be tried and determined in the same manner as proceedings brought by the district. [1969 c.606 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.208 - Election of first board of directors; number; qualifications; terms; change of number of directors.

(1) Electors of a district shall elect a board of directors whose number shall be fixed at five, seven or nine by the county board at the proceedings on formation. Directors shall be owners of land within the district. The directors need not reside within the district.
(2) Each director shall be elected for a term of four years except the directors elected on creation of the district. The directors first elected shall determine their terms by lot as follows:
(a) If there are nine directors, the terms of four shall expire June 30 next following the first regular district election and the terms of five shall expire June 30 next following the second regular district election.
(b) If there are seven directors, the terms of three shall expire June 30 next following the first regular district election and the terms of four shall expire June 30 next following the second regular district election.
(c) If there are five directors, the terms of two shall expire June 30 next following the first regular district election and the terms of three shall expire June 30 next following the second regular district election.
(3) The board of directors shall fill any vacancy on the board as provided in ORS 198.320.
(4) The board or 10 or more landowners may petition the county board to change the number of directors on the district board. If the county board acts favorably on the petition, it shall enter an order which designates the terms of office of the five, seven or nine directors in general accordance with this section so that the number remaining on the district board will be divided into two equal or approximately equal groups as to terms. The change in the number of board members shall take place on July 1 next following the order. [1969 c.606 §17; 1971 c.23 §9; 1971 c.727 §166; 1973 c.796 §69; 1975 c.647 §45; 1983 c.350 §300]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.218 - Organizational meeting; oath; officers; meetings.

(1) As soon as possible after an election of directors, the directors shall meet for the purpose of qualifying all persons elected as directors and for the purpose of electing officers of the district. Each director shall qualify by subscribing to an oath of office.
(2) The directors shall elect from their number a chairperson and vice chairperson and shall appoint a secretary-treasurer. The officers shall have the authority and duties given to them by the board.
(3) The board shall hold meetings as may be necessary or convenient. [1969 c.606 §19; 1971 c.403 §11; 1987 c.185 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.223 - Duties of district board.

A district board shall:
(1) Manage and conduct the affairs of the district.
(2) Employ and appoint agents and employees, prescribe their duties and fix their compensation.
(3) Establish reasonable rules and regulations for the administration of the affairs of the district.
(4) Withhold deliveries of water to lands upon which there are delinquent assessments or charges.
(5) Establish and maintain funds and accounts for the funds of the district and of any subdistrict.
(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 or without the district.
(8) Keep a record of all of the proceedings of the district board.
(9) Furnish a record book to the county clerk of each county in which lands within the district are located, in which shall be recorded all contracts executed under ORS 552.618 and 552.670, all orders levying assessments and creating subdistricts, and other documents required by law to be recorded. [1969 c.606 §20; 1971 c.23 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.305 - Powers of districts generally.

A water improvement district has full power to carry out the objects of its creation and to that end may:
(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 therein, located inside or outside of the boundaries of the district, and take, hold, possess and dispose of real and personal property purchased from, or donated by, the United States, or any state, territory, public body as defined in ORS 174.109 or person for the purpose of aiding in the objects of the district.
(5) Enter into intergovernmental agreements under ORS chapter 190 for the construction, preservation, improvement, operation or maintenance of any works.
(6) Build, construct, purchase, improve, operate and maintain, subject to other applicable provisions of law, all works necessary or desirable under any engineering plan adopted by the district.
(7) Enter into contracts and employ agents, engineers and attorneys.
(8) Appropriate and acquire water and water rights and sell, lease and deliver water for irrigation and other purposes both inside and outside the district.
(9) Do such other acts or things as may be necessary for the proper exercise of the powers granted to make the greatest beneficial use of the waters of the district. [1969 c.606 §14; 2003 c.802 §136]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.310 - Condemnation.

The right to condemn property, pursuant to ORS 552.305 (4), shall include property already devoted to public use, including city, state and county property, which is less necessary than the use for which it is required by the district. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. However, the right of condemnation may not be exercised against any water right; against land or other property owned by a city supplying domestic water; a public utility as defined by ORS 757.005; against a telecommunications carrier as defined in ORS 133.721; against lands of a domestic water supply district organized under ORS chapter 264, an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a diking district organized under ORS chapter 551 or a corporation for the use and control of water organized under ORS chapter 554; or against property of the State of Oregon for highway purposes. [1969 c.606 §23; 1983 c.740 §216; 1987 c.447 §109; 1999 c.1093 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.315 - Right to enter and survey land.

The district board, its officers, agents or employees shall have the right to enter upon any land in the manner provided by ORS 35.220 to make surveys for the purposes of the district. [1969 c.606 §15; 2003 c.477 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 552 - Water Improvement Districts › Section 552.320 - Operation of water works and sale of water; conditions.

A water improvement district may:
(1) Acquire, construct, reconstruct, equip, own, maintain, operate, sell, lease and dispose of domestic, industrial and municipal water works or systems and property and all appurtenances incident thereto.
(2) Furnish water for domestic, industrial and municipal uses to premises and inhabitants within the district, and in connection therewith, may supply, furnish and sell any surplus water storage or carrying capacity over and above the domestic, industrial and municipal needs of its inhabitants to persons or public bodies as defined in ORS 174.109, either within or without the district. However:
(a) A district shall not sell, offer to sell, lease or deliver water within a city that is receiving water for any purpose from a public utility as defined by ORS 757.005; and
(b) The power to furnish water for domestic, industrial and municipal uses under this section shall not be exercised in such a manner as to impair the service of the district in furnishing water for its inhabitants. [1969 c.606 §21; 2003 c.802 §137]