reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.351 - Determination of boundaries for proposed district; notice of plan to issue order; publication; request for referendum.

(1) If the State Department of Agriculture makes and records a determination that the formation of a soil and water conservation district within a territory is administratively practicable, that there is a need for the district and that formation of the district promotes the public interest and general welfare, the department shall define the boundaries of the proposed district and shall publish notice that the department plans to issue an order of formation for the district. The department shall cause the notice to be published in a newspaper of general circulation within the area of the proposed district. The notice shall include instructions regarding the filing of a request for a referendum.
(2) If 10 percent of the electors within the proposed district file a written request for referendum within 30 days after publication of the notice, the department shall schedule a referendum as described in ORS 568.391.
(3) If a referendum is not required under subsection (2) of this section, the department shall issue an order of formation for the district. The order must set forth the name of the district and the district boundaries defined by the department. [2009 c.220 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.370 - Eligible electors.

(1) All electors residing within the boundaries of the territory, as determined by the State Department of Agriculture, shall be eligible to vote in the referendum.
(2) For the purpose of the referendum, the county clerk shall assist the department in obtaining a list of electors residing within the boundaries of the proposed area. [Amended by 1957 c.603 §2; 1973 c.656 §2; 1981 c.92 §13]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.380 - Department to pay expenses and supervise hearings and referenda; informalities in referendum.

(1) The State Department of Agriculture shall pay all expenses for issuance of the notices and conduct of the hearings and referenda, and shall supervise the conduct of the hearings and referenda. It shall issue appropriate regulations governing the conduct of the hearings and referenda.
(2) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof, if notice thereof was given substantially as provided in ORS 568.310 or 568.320 and the referendum was fairly conducted. [Amended by 1981 c.92 §14; 1983 c.83 §106]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.391 - Referendum process; ballot contents; results.

(1) If a referendum regarding the formation of a district is required under ORS 568.351, the State Department of Agriculture shall:
(a) Prepare appropriate ballots and administer the referendum election process; or
(b) Enter into an agreement with county officials for administration of the referendum election process by the county.
(2) The ballot for a referendum election must include a map or other description of the boundaries of the proposed district, provided by the department, that uses legal descriptions and generally recognized features. The ballots must comply with ORS 250.035.
(3) If the legally required number of ballots approve the formation of the district, the department shall issue an order of formation for the district as provided under ORS 568.351 and appoint directors as provided under ORS 568.400. If the required number of ballots to approve the formation are not cast, the department may not issue an order for formation of the district.
(4) If a referendum does not approve a proposal to form a district, the department may not accept the filing of a petition covering the same or substantially the same territory as the disapproved proposal until one year after the referendum election date. Upon the filing under ORS 568.300 of a petition covering the same or substantially the same territory as the disapproved proposal, the department shall conduct new hearings and make new determinations regarding the district formation proposed by the petition. [2009 c.220 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.400 - Appointment of first directors of district.

If the State Department of Agriculture determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, the department shall appoint a board of five directors for the district, to serve terms as provided under ORS 568.560. [Amended by 1955 c.142 §10; 1981 c.92 §16; 2009 c.220 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.410 - Formation of district.

A soil and water conservation district may be formed in the following manner:
(1) The board of directors appointed under ORS 568.400 shall present to the Secretary of State an application signed and sworn to by them, which shall set forth the procedure followed in the formation of the district.
(2) The application shall be accompanied by a map of uniform scale showing the location and legal boundaries of the district and by a statement by the State Department of Agriculture. The statement shall certify that the district was formed in compliance with ORS 568.300 to 568.790.
(3) The Secretary of State shall examine the application and statement. If the Secretary of State finds that the name proposed for the district is not identical with that of any other district of this state or so nearly similar as to lead to confusion or uncertainty, the Secretary of State shall receive and file them and shall record them in an appropriate book of record in the office of the secretary.
(4) If the Secretary of State finds that the name proposed for the district is identical with that of any other soil and water conservation district of this state or so nearly similar as to lead to confusion and uncertainty, the Secretary of State shall notify the department. The department shall submit to the Secretary of State a new name for the district that is not identical or substantially similar to the name of any other district.
(5) Upon receipt of the new name, the Secretary of State shall record the application and statement, with the name so modified.
(6) The formation of the district is final when the application and statement have been made, filed and recorded as provided in this section. [Amended by 1955 c.142 §11; 1973 c.656 §4; 1981 c.92 §17; 1983 c.83 §106a; 2003 c.802 §146; 2009 c.220 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.420 - Certificate of formation; boundaries of district.

(1) The Secretary of State shall make and issue to the board of directors appointed under ORS 568.400 a certificate, under the seal of the state, of the formation of the soil and water conservation district, and shall record the certificate with the application and statement.
(2) The boundaries of the district shall include the territory as determined by the department as provided in ORS 568.330, but may not include any area included within the boundaries of another soil and water conservation district. [Amended by 1955 c.142 §12; 1981 c.92 §18; 2009 c.220 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.431 - Petitions for inclusion of territory; conditions; referendum.

(1) Except as provided under ORS 568.445, one or more landowners may petition the State Department of Agriculture to include the land of the petitioning landowners in an existing soil and water conservation district. The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the property, landowner information and the reasons for the proposed inclusion.
(2) The department shall approve the petition if the department, in consultation with the district board of directors, determines that:
(a) It is or would be feasible for the land described in the petition to receive services from the district; and
(b) The work of the district would benefit the soil, water or natural resource conditions of the land described in the petition.
(3) The department shall deny the petition if the department, in consultation with the district board, determines that:
(a) It is not and would not be feasible for the land described in the petition to receive services from the district; or
(b) The work of the district would not benefit the soil, water or natural resource conditions of the land described in the petition.
(4) If the department approves the petition, the department shall redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560.
(5) Land that becomes included in a district that has ad valorem tax authority is subject to taxes levied for the district after the inclusion date. The district board shall provide the notice of boundary change to the Department of Revenue and the county assessor under ORS 568.435.
(6) If a petitioner disagrees with the decision of the department, the petitioner may initiate a referendum on the decision by submitting additional petitions signed by 10 percent or more of the electors residing in the existing district. The referendum election shall be governed by ORS chapter 255. Only electors residing in the existing district are eligible to cast ballots in the referendum election.
(7) If a majority of the ballots cast at the referendum election are in favor of inclusion, the department shall approve the petition, redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560. [2009 c.220 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.433 - Petitions for withdrawal of territory; conditions; referendum.

(1) Except as provided in ORS 568.445, one or more landowners may petition the State Department of Agriculture to withdraw the land of the petitioning landowners from an existing soil and water conservation district. The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the property, landowner information and the reasons for the proposed withdrawal.
(2) The department shall approve the petition if the department, in consultation with the district board of directors, determines that:
(a) It is not and would not be feasible for the land described in the petition to receive services from the district; or
(b) The work of the district would not benefit the soil, water or natural resource conditions of the land described in the petition.
(3) The department shall deny the petition if the department, in consultation with the district board, determines that:
(a) It is or would be feasible for the land described in the petition to receive services from the district; and
(b) The work of the district would benefit the soil, water or natural resource conditions of the land described in the petition.
(4) If the department approves the petition, the department shall redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560.
(5) Land withdrawn from a district with an ad valorem tax is not subject to taxes levied for the district after the withdrawal date. The district board shall provide the notice of boundary change to the Department of Revenue and the county assessor under ORS 568.435.
(6) If a petitioner disagrees with the decision of the department, the petitioner may initiate a referendum on the decision by submitting additional petitions signed by 10 percent or more of the electors residing in the existing district. The referendum election shall be governed by ORS chapter 255. Only electors residing in the existing district are eligible to cast ballots in the referendum election.
(7) If a majority of the ballots cast at the referendum election are in favor of the withdrawal, the department shall approve the petition, redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560. [2009 c.220 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.435 - Boundary change notice for taxation purposes.

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §50]
Note:
568.435 was added to and made a part of 568.210 to 568.808 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.440 - District legally formed; certificate as evidence.

In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of a soil and water conservation district, the district shall be deemed to have been formed in accordance with ORS 568.210 to 568.808 and 568.900 to 568.933 upon proof of the issuance by the Secretary of State of the certificate provided for in ORS 568.420 or 568.555. A copy of such certificate certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceedings and shall be proof of the filing and contents of the certificate. [Amended by 1983 c.740 §219; 2009 c.220 §13]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.445 - Petitions for inclusion of territory wholly within another district; approval or disapproval by directors and department.

(1) Proceedings for inclusion within a district territory adjacent thereto and located wholly within another district may be initiated by:
(a) A petition for inclusion filed with the directors of the district within which the territory is proposed to be included, signed by 25 or two-thirds, whichever is the lesser, of the landowners of the adjacent territory; or
(b) Resolutions for inclusion adopted by the board of directors of each district to be affected by the inclusion and filed with the State Department of Agriculture.
(2) The department shall prescribe the form for such petitions. The directors of the district within which the territory is proposed to be included shall approve or disapprove such a petition. If they approve the petition, the directors shall forward it to the department.
(3) Upon receipt of a petition forwarded as provided in subsection (2) of this section or a resolution as provided in subsection (1)(b) of this section, the department shall investigate the proposed inclusion of territory, taking into consideration:
(a) The reasons for the proposed inclusion.
(b) The reaction of the landowners of the district within which the territory in question is located to the proposed inclusion.
(c) The effect of the inclusion on the district within which the territory in question is located and the district within which the territory is proposed to be included.
(d) Any other matters deemed pertinent by the department.
(4) After the investigation the department shall approve or disapprove the petition. If the department approves the petition, the inclusion of the territory within the one district and the withdrawal thereof from the other district shall be effective, and the department shall present to the Secretary of State a statement of such approval and a map of each district affected showing the new boundaries thereof. The Secretary of State, upon receipt of the statement and maps, shall make the necessary changes in the appropriate records in the office of the secretary. [1955 c.142 §3; 1973 c.656 §6; 1981 c.92 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.460 - Referendum; eligible electors; majority required.

In the holding of the referendum for consolidation all electors residing within the affected districts shall be eligible to vote. Unless a majority of the electors in each of the districts involved votes in favor of the proposal, the districts shall not be consolidated. [Amended by 1973 c.656 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.471 - Effect of consolidating districts.

If two or more soil and water conservation districts are consolidated, the corporate existence of the districts and, except as provided in ORS 568.545, the terms of office for the board of directors of the former districts expire upon the Secretary of State issuing and recording a certificate of formation for the consolidated district. Upon consolidation, the consolidated district shall assume and be vested with all rights and liabilities of the former districts. [2009 c.220 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.491 - Termination of board of directors; appointment of board of trustees; notice of dissolution; certificate of dissolution.

(1) If referendum election results favor the dissolution of a soil and water conservation district, or if the State Department of Agriculture orders the dissolution of a district under ORS 568.481 without a referendum election, the department shall declare the member positions of the district board of directors to be vacant and appoint three individuals to serve as a board of trustees for winding up the affairs of the district.
(2) The board of trustees shall consult with the department for the purpose of implementing the plan of dissolution and liquidation and carrying out the following:
(a) Payment of debts, or securing the release of debts, and disposing of district property.
(b) Settling all books and other records of the district and delivering the records to the department.
(c) Executing under oath, and filing with the department, a statement that the district has been dissolved and liquidated.
(d) Transferring conservation easements and other contracts that are to remain in effect.
(3) Upon receiving the statement of dissolution and liquidation from the trustees, the department shall give notice of the dissolution and of the termination of the corporate existence of the district for all purposes to:
(a) The Secretary of State;
(b) Affected county governments;
(c) The Department of Revenue;
(d) Known holders of valid indebtedness of the district; and
(e) Other agencies or entities as the State Department of Agriculture deems appropriate.
(4) Upon receiving notice from the State Department of Agriculture of district dissolution and termination of corporate status, the Secretary of State shall issue and record a certificate of dissolution for the district. [2009 c.220 §19]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.495 - Disposition of district assets; insolvency; rules.

(1) If a soil and water conservation district that is being dissolved has tax levying authority, the board of trustees for the district shall turn over to the county treasurer any surplus moneys remaining to the credit of the district after payment of the indebtedness of the district. If the assets of the district are insufficient to pay the indebtedness, the board of trustees shall levy taxes, within the limits of the authority of the district, for the liquidation of the indebtedness.
(2) In each year that the county receives surplus moneys to the credit of a district described in subsection (1) of this section, the county assessor shall certify any moneys in the district account on June 30, except moneys not in excess of $6,000 that the county retains for administration. The certified moneys shall be disposed of in one of the following manners, as selected by the county assessor:
(a) Notwithstanding ORS 310.105, the moneys may be offset against that portion of the levies of taxing units levied against the property values of property within the dissolved district. The Department of Revenue shall adopt rules further defining the method of offset. If the moneys are offset as provided under this paragraph, the moneys shall be distributed to each taxing unit in the amount of that taxing unit’s offset.
(b) The amount may be credited to each property appearing on the tax roll for the year for which the credit applies within the dissolved district on the basis of current assessed value. If the certified moneys are distributed under this paragraph, the moneys shall be deposited in the unsegregated tax collections account established under ORS 311.385 and distributed in the same manner as other moneys in that account. The Department of Revenue shall adopt rules further defining the method to be used to credit the amount.
(3) If a district that is being dissolved does not have tax levying authority, the board of trustees shall turn over to the State Department of Agriculture any surplus moneys remaining to the credit of the district after payment of the indebtedness of the district. If the assets of the district are insufficient to pay the indebtedness, the board of trustees shall determine whether any of the indebtedness is given priority by law over other indebtedness. The board of trustees shall apply the assets of the district first to the payment of indebtedness that is given priority by law over other indebtedness. If any assets remain after the payment of indebtedness that is given priority by law, the board of trustees shall apply the assets to the payment of a uniform percentage of each remaining indebtedness.
(4) The board of trustees may transfer any district assets, other than moneys, available after the payment of all district indebtedness to the State Department of Agriculture or to another soil and water conservation district. [2009 c.220 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.500 - Order of dissolution; effect.

Upon issuance of an order of dissolution by the State Department of Agriculture, all ordinances and regulations adopted and in force within the former soil and water conservation district shall be of no further force and effect. [Amended by 1981 c.92 §24; 2009 c.220 §21]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.510 - Proceedings for dissolution limited.

The State Department of Agriculture may not entertain petitions for dissolution of any soil and water conservation district or conduct a referendum or make findings regarding a petition for dissolution of a district in accordance with ORS 568.481 more often than once each year after the first five-year period following formation of the district. [Amended by 1981 c.92 §25; 2009 c.220 §22]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.520 - Petitions nominating directors; regular elections; duties of department.

(1) A regular election shall be held in each soil and water conservation district on the first Tuesday following the first Monday of November in each even-numbered year for the purpose of electing directors to succeed the directors whose terms expire the following January. Nominating petitions of candidates for director to be voted for at a general district election shall be filed with the department no later than a date set by the State Department of Agriculture.
(2) The department may extend the time within which nominating petitions may be filed.
(3) The department may not accept a nominating petition unless the petition is subscribed by 10 or more electors residing within the boundaries of the district.
(4) Electors residing within the boundaries of the district may sign more than one nominating petition to nominate more than one candidate for director.
(5) To the extent of any conflict between ORS chapter 255 and the provisions of ORS 568.530, 568.545 and 568.560 and this section, the provisions of ORS 568.530, 568.545 and 568.560 and this section control. Elections officers, as defined in ORS 255.005, are not responsible for delivering, preparing or publishing information concerning district elections.
(6) The department shall timely distribute and collect the forms established by the Secretary of State for updating information on members of district boards, including, but not limited to, any forms for information concerning the district offices to be filled or for which candidates are to be nominated or elected, or for information concerning the candidates. The district shall timely prepare and publish notice of the date for filing nominating petitions and the date of the election in a newspaper of general circulation within the district no later than 30 days before the final filing date. The department shall retain the information forms and publication information for not less than four years after the election for which the forms and publication were completed. [Amended by 1973 c.656 §9; 1981 c.92 §27; 1983 c.83 §106b; 1983 c.238 §2; 2007 c.690 §1; 2009 c.220 §23]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.530 - Ballots; write-in votes; unfilled positions.

(1) The State Department of Agriculture shall furnish the names of all nominees for director on behalf of whom nominating petitions have been filed to the county clerk of the respective counties lying within the district not less than the 61st day before the date of the general election. Ballots shall be printed, voted, counted and canvassed in conformity with the provisions of general law relating to elections, except as otherwise provided by subsections (2) to (4) of this section or ORS 568.210 to 568.808 and 568.900 to 568.933.
(2) If no nominee for a position qualifies under subsection (1) of this section to have the name of the nominee furnished to the county clerk for placement on the ballot, the position becomes open for write-in votes on the ballot. An elector who meets the qualifications to become a director of the district in a position for which no candidate qualifies under subsection (1) of this section may file with the department a declaration of intent and request for write-in votes to be tallied. The person must file the declaration and request no later than 14 days before the date of the election. The declaration and request must certify that the person is legally qualified to assume the duties of director and desires the position.
(3) Upon receipt of a declaration and request filed under subsection (2) of this section, the department shall take actions the department deems necessary to determine whether the person filing the declaration and request is an elector who meets the qualifications to become a director of the district. If the department determines that the person is an elector who meets the qualifications, the department shall notify the county clerk to count the write-in votes for the person.
(4) If no nominee for a position qualifies under subsection (1) of this section to have the name of the nominee furnished to the county clerk for placement on the ballot and no person filing a declaration and request for the position qualifies under subsection (3) of this section to have the county clerk count the write-in votes for that person, the county clerk may not count any write-in votes cast for any person for the position. If no nominee for a position qualifies under subsection (1) of this section to have the name of the nominee furnished to the county clerk for placement on the ballot and no person filing a declaration and request for the position qualifies under subsection (3) of this section to have the county clerk count write-in votes for the person, the local governing body of the district shall appoint a person to each position that was not filled at the election. [Amended by 1973 c.656 §10; 1981 c.92 §28; 1993 c.493 §86; 2007 c.690 §2; 2009 c.220 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.542 - Payment of expenses for director election from county funds.

The expenses incurred for the election of directors of a soil and water conservation district under ORS 568.210 to 568.808 and 568.900 to 568.933 shall be paid out of county funds by the county or counties within which the territory of the district lies. [1995 c.243 §2]
Note:
568.542 was added to and made a part of 568.210 to 568.808 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.545 - Procedure for selection of directors of consolidated districts; selection of officers.

(1) If two or more soil and water conservation districts are consolidated, all directors of the former districts may continue to serve until directors for the consolidated district are elected as provided in this subsection. Not later than 30 days after the date of issuance of the certificate referred to in ORS 568.471, the boards of the former districts shall hold a joint meeting. At the joint meeting, a majority of all the directors of all the former districts constitutes a quorum for the transaction of business. The directors so assembled shall elect seven persons from among their number to serve as directors of the consolidated district. The term of office of the directors elected as provided in this subsection shall be as provided in ORS 568.560 (6)(b). The number of directors of a consolidated district may be reduced to five in the manner provided in ORS 568.565.
(2) The directors elected as provided in subsection (1) of this section shall select a chairperson, secretary and other necessary officers and select a regular date for the annual and other meetings. [1965 c.155 §3; 1969 c.393 §1; 1973 c.656 §12; 2007 c.690 §4; 2009 c.220 §25; 2023 c.580 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.552 - Power of directors to manage and control water resources and projects; authority of Water Resources Commission.

(1) The members of the local governing body of a soil and water conservation district shall have, in addition to the powers granted to them by ORS 568.550 and within the limits of appropriations and other moneys duly made available to the soil and water conservation district, the power:
(a) To plan, construct, maintain, manage, administer or control any works of improvement for flood prevention or for the conservation, development, utilization or disposal of water upon lands within their respective districts upon obtaining the consent of the landowner as defined in ORS 568.210, and the land occupier as defined in ORS 568.210, of such lands.
(b) To enter into written agreements to furnish financial or other aid to any agency, governmental or otherwise, or any landowner as defined in ORS 568.210, or land occupier as defined in ORS 568.210, or both of them, of lands within the district, for flood prevention or for the conservation, development, utilization or disposal of water within their respective districts.
(c) To manage, as agent, or to take over, by purchase, lease, or otherwise any flood prevention, drainage, irrigation or agricultural water management project or any combination thereof, undertaken by the United States or any of its agencies, or by this state or any of its agencies.
(2) Authority granted under this chapter shall be subject to the authority of the Water Resources Commission to formulate an integrated, coordinated program for the use and control of all water resources of this state and to classify and withdraw water resources of this state under ORS 536.300 to 536.410. [1961 c.640 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.554 - District to submit program and work plans for department review.

Each conservation district shall submit to the State Department of Agriculture its proposed long-range program and annual work plans for review and comment. [1973 c.656 §20; 1981 c.92 §30]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.555 - Name of district may be changed.

Upon approval by the State Department of Agriculture, the directors of a soil and water conservation district may submit to the Secretary of State a proposed new name for the district. If the proposed new name is not identical with that of any other soil and water conservation district of this state or so nearly similar as to lead to confusion or uncertainty, the Secretary of State shall make the change in names on the appropriate records in the office of the secretary, and shall record and issue to the directors a new certificate of formation for the district containing the new name. If the proposed new name does not satisfy such requirement, the Secretary of State shall so notify the directors, who may submit a new name which does satisfy such requirement. [1955 c.142 §2; 1981 c.92 §31; 2009 c.220 §27]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.565 - Procedures for changing number of directors.

(1) Upon the written recommendation of the local governing body of a district having seven directors, the number of directors of such governing body may be reduced from seven to five by holding a meeting of the governing body at which the directors elect five persons from among their number to serve as directors of the district. The term of office of the directors elected pursuant to this section shall be as provided in ORS 568.560 (6)(c).
(2) Upon the written recommendation and majority vote of the local governing body of a district having five directors, the number of directors for the district may be increased to seven. Notwithstanding any unexpired term of office to which a member may have been elected, all five zone positions shall be placed on the ballot at the next following general election. The department shall determine the terms of office for the positions as provided in ORS 568.560 (6)(d). Any vacancy that occurs in a zone position shall be filled as provided under ORS 568.560. [1969 c.393 §4; 2007 c.690 §6; 2009 c.220 §29; 2023 c.580 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.590 - Notice of annual meeting.

No later than 15 days prior to the annual meeting, the board of directors for a soil and water conservation district shall cause notices to be published in a paper of general circulation in the area, setting forth the time and place of holding the meeting. [Amended by 1961 c.641 §3; 1973 c.656 §15; 2009 c.220 §30]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.600 - Legal counsel; delegation of powers; assistance to department.

(1) The directors may call upon the Attorney General for such legal services as they may require, or may employ their own counsel.
(2) The directors may delegate to their chairperson or to one or more directors such powers and duties as they deem proper.
(3) The directors shall make available to the State Department of Agriculture all records and information pertaining to the district and shall assist the department in carrying out its recommendations. [Amended by 1981 c.92 §33]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.610 - Records; audits.

The board of directors for a soil and water conservation district shall:
(1) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted.
(2) Provide for an annual audit of the accounts of receipts and disbursements in accordance with ORS 297.210, 297.230 and 297.405 to 297.555. [Amended by 1969 c.345 §18; 2009 c.220 §31]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.620 - Consultation with county or municipal representatives.

The directors shall invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the directors of the district on all questions of program and policy which may affect the property, water supply or other interest of such municipality or county.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.730 - Officials may enter private lands.

The directors or designated representatives of a soil and water conservation district have authority to go upon any lands within the district after notifying the owner or operator for the purpose of making surveys and carrying out the responsibilities with which the directors or representatives are vested by law. The directors or representatives shall take due precaution at all times to prevent injury to growing crops or livestock. [Amended by 2009 c.220 §32]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.780 - Certain public agencies to be deemed owners.

Agencies of this state which have jurisdiction over, or are charged with the administration of any state owned lands, and of any county, or other governmental subdivision of the state, which have jurisdiction over, or are charged with the administration of any county owned or other publicly owned lands, lying within the boundaries of any district organized under ORS 568.210 to 568.808 and 568.900 to 568.933 are deemed owners within the meaning of ORS 568.210 to 568.808 and 568.900 to 568.933 and have the same rights and duties as other landowners under the provisions of ORS 568.210 to 568.808 and 568.900 to 568.933.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.790 - County funds for personnel and other uses.

(1) In any county where one or more soil and water conservation districts have been established as provided by ORS 568.210 to 568.808 and 568.900 to 568.933, the county court of such county may provide and appropriate funds for the use of such district or districts for the employment of necessary personnel including the employment of one county extension agent or for other expenditures required to carry out the provisions of ORS 568.210 to 568.808 and 568.900 to 568.933.
(2) Such funds may be provided either by special provision in the annual tax levy of such county or by appropriation of funds not otherwise appropriated. [Amended by 1961 c.641 §4; 1983 c.327 §9; 2009 c.220 §33]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.801 - Stream control and management projects; application; designation and implementation; rules.

(1) Any district that desires to implement a stream bank erosion control or stream corridor management project shall make application therefor to the State Department of Agriculture. The application shall be in such form and shall contain such information as the department may prescribe.
(2) By utilizing existing inventories and reports, the department shall designate projects to be implemented on critically eroding stream systems of this state.
(3) The department shall utilize the resources and cooperation of other state and federal agencies to the greatest extent practicable in implementing stream bank erosion control and stream corridor management projects.
(4) In accordance with any applicable provision of ORS chapter 183, the department, by rule, shall adopt procedures to carry out the provisions of subsections (1) to (3) of this section. [1981 c.202 §§2,3; 1983 c.740 §220]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.803 - General obligation bonds; refunding bonds; special taxes.

(1) When authorized by a majority of electors voting at an election called for that purpose by the directors of a soil and water conservation district, the directors may issue general obligation bonds of the district, not exceeding in value the amount stated in the notice of election and for the purpose named in the notice as provided in ORS chapter 287A.
(2) The aggregate amount of general obligation bonds issued and outstanding at any one time may not exceed two and one-half percent of the real market value of all taxable property of the district, computed in accordance with ORS 308.207.
(3) General obligation bonds must recite that they are issued under ORS 568.210 to 568.808.
(4) A soil and water conservation district:
(a) Shall issue general obligation bonds authorized under this section as provided in ORS chapter 287A; and
(b) May issue refunding bonds as provided in ORS chapter 287A.
(5) Taxes that are levied by a soil and water conservation district to pay principal, interest and premium, if any, on general obligation bonds issued pursuant to this section are separate from and in addition to taxes levied pursuant to ORS 568.806. [2005 c.282 §3; 2007 c.783 §222]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.805 - Special assessments; improvement bonds; objections by landowners.

(1) A district may finance the exercise of any district power or function authorized under this chapter by levying special assessments against property directly benefited thereby and by issuing special assessment improvement bonds. As security for the bonds, the district may pledge all or any part of the revenue from special assessments levied against property directly benefited. The rights and duties accorded a city and the owners of property in a city under ORS 223.389 and 223.391 for levying special assessments and issuing special assessment improvement bonds shall apply in the same manner to a district and the owners of property in the district for purposes of levying assessments and issuing special assessment improvement bonds under this section.
(2) In addition to other requirements of ORS 223.389 and 223.391, the directors of a district shall fix a date by which written objections to the amount of proposed assessments levied under this section may be filed with the district. The date so fixed shall be not less than 50 days after notice of the proposed assessment is mailed or delivered to the owner of each lot or parcel of property to be assessed. If written objections to the proposed assessments are filed by that date by at least 50 percent of the owners of property to be assessed who are also liable for at least 60 percent of the total amount of assessments, the directors of the district shall terminate the proposed project and assessments.
(3) Except as provided in this section, a district may not issue bonds or make assessments. [1985 c.637 §2; 1991 c.902 §115; 2003 c.802 §147]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.806 - Ad valorem tax; budget; collection.

(1) When authorized to become a taxing district by the eligible electors of the district as provided in ORS 568.807, a district may assess, levy and collect an ad valorem tax each year on all taxable property within the limits of the district. The proceeds of the tax shall be applied in carrying out the purposes of ORS 568.210 to 568.808 and 568.900 to 568.933.
(2) In any year in which the ad valorem tax provided for in subsection (1) of this section is levied, the directors of the district shall prepare a budget in the form, manner and time prescribed in ORS 294.305 to 294.565 (the Local Budget Law), and in accordance therewith shall fix the amount of money to be raised by taxation for the district.
(3) Any taxes levied in any year shall be returned to the county officer, whose duty it is to extend the tax roll in the manner provided in ORS 310.060.
(4) All taxes levied by a district shall become payable at the same time and be collected by the same officer who collects county taxes, and shall be turned over to the district according to law. The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended.
(5) Property shall be subject to sale for nonpayment of taxes levied by a district in like manner and with like effect as in the case of county and state taxes. [1981 c.918 §2; 1991 c.459 §446; 2017 c.26 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.807 - Electors authorizing taxation; election date.

(1) The eligible electors of a district may, by approving a proposition referred to them by the governing body of the district, authorize the district to become a taxing district with the power to thereafter assess, levy and collect an ad valorem tax each year on the real market value of all taxable property within the limits of the district.
(2) Approval of a proposition authorizing the district to become a taxing district need only be obtained once by a district in order for the district to have the taxing power granted by ORS 568.806.
(3) An election called by the district for the purpose of obtaining approval to become a taxing district shall be held on one of the dates set forth in ORS 255.345. [1981 c.918 §3; 1991 c.459 §447]