reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.075 - Requirements that may be imposed upon petitioners in western Oregon district; charges or assessments.

(1) Notwithstanding ORS 545.067, in any irrigation district lying entirely west of the summit of the Cascade Mountains, the board of directors may require as a condition precedent to the granting of the petition that the petitioners severally pay, contract to pay, become liable to the district for or consent that the lands petitioned to be included be charged or assessed by the district for such sums as the board of directors determines. However, these sums shall not exceed the amount the petitioners or their predecessors in interest would have been required to pay to the district for charges and assessments for the payment of:
(a) Their pro rata share of all bonds and the interest thereon previously issued by the district, or other indebtedness previously incurred, had such lands been included in the district at the time it was originally formed, or when the bonds were so issued or such indebtedness incurred; and
(b) The cost of any additional facilities required to deliver water to the lands of the petitioners.
(2) The board of directors may provide for the payment of any charge or assessment under this section in annual installments. The order of inclusion shall set forth the description of the lands included, the amount of the charge or assessment on the lands and the manner of payment. After the order is recorded under ORS 545.079, the order is an assessment of the district upon the lands of petitioners for any bonded indebtedness or federal or state contract obligation in accordance with the provisions of the order of inclusion, and the lands are included within the boundaries of the district.
(3) The annual installments may be included with the annual charge or assessment of the district upon the water user for district purposes. The annual installments shall bear interest, be subject to a lien of the district upon the lands and be collected or foreclosed in the same manner and with the same effect as charges and assessments of the district for district purposes.
(4) Upon foreclosure of charges or assessments of the district upon any included lands, the amount of the unpaid balance of the charge or assessment provided for in subsection (1) of this section and not included in any foreclosure proceedings remains a charge and assessment lien of the district upon the lands. However, when the district is the purchaser at any sale on foreclosure it may, upon a resale of any lands included in the foreclosure sale, release the lands from the lien of any unpaid balance of the charges and assessments.
(5) For the purposes of this section the summit of the Cascade Mountains is considered to be a line beginning at the intersection of the western boundary of Hood River County with the northern boundary of the State of Oregon, thence southerly along the western boundaries of the counties of Hood River, Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon. [Formerly 545.593]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.079 - Recording of order including lands in district; effect of order; appeal.

(1) Upon the allowance of a petition for inclusion of lands and when an appeal has not been filed within 30 days after entry of the order, a certified copy of the order of the board of directors including the lands in the district shall be filed for record in the office of the county clerk of each county in which lands of the district are situated. The district as changed and all lands in the district shall be liable for all existing obligations and indebtedness of the district.
(2) An appeal may be taken from the order of the board as provided in ORS 548.105 to 548.115. If an appeal is not taken, the order of inclusion shall be deemed lawful and conclusive against all persons. The order shall not thereafter be questioned in any manner in any proceedings. [Formerly 545.594; 1999 c.452 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.085 - Record of petition; admissibility in evidence.

Upon the filing of the copies of the order under ORS 545.079, the secretary shall record the petition for inclusion in the minutes of the board. The minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. [Formerly 545.596]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.089 - Redivision of district; election of directors.

(1) When land is included within a district by proceedings under ORS 545.057 to 545.085, if the district is subdivided for the election of directors and as a result of the inclusion of the land the deviation in acreage among the divisions is greater than 10 percent, the board of directors, not earlier than 30 days after the final order making the inclusion, shall make an order redividing the district. Redivision shall be done in the same manner as provided for the initial division of the district in ORS 545.033 (2).
(2) If redivision of the district under subsection (1) of this section results in the creation of a division without a qualified representative on the board of directors, the position of director from that division shall be filled at the next general election of the district. When the newly elected director assumes office, if there are two or more directors from another division, the term of office of the director having the least time left to serve shall expire. The initial term of office of the newly elected director shall be the same as the remaining term of the director whose term expires as provided under this subsection. [Formerly 545.598; 1999 c.452 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.091 - Inclusion of lands not subject to charges of district.

The boundaries of a district may for administrative convenience encompass lands that are not subject to the charges and assessments of the district, without regard to whether the lands are susceptible to irrigation. An owner whose land is within the boundaries of a district but is not subject to the charges and assessments of the district does not have the rights or duties of an elector or owner of land under this chapter. [1999 c.452 §2]
Note:
545.091 was added to and made a part of ORS chapter 545 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 545 - Irrigation Districts › Section 545.094 - Engineering plan for improvements within subdistricts; notice; hearing; remonstrance.

After the creation of a subdistrict, the board may develop an engineering plan for the improvements requested in the petition for the creation of the subdistrict or proposed by the board. The board may make an engineering plan for the subdistrict or may adopt as an engineering plan any plan made by any department or agency of the federal government or the State of Oregon or a project work plan proposed for any soil and water conservation district in which lands within the subdistrict are located. Upon completion of the plan, the board shall give notice of the plan to the owners of the tracts of land within the subdistrict and shall permit the inspection of the plan at the office of the subdistrict by the landowners. The notice may be given by mail or by publication, as may be determined by the board. The notice shall fix a time and place for a hearing at which objections to the plan may be heard by the board. The hearing shall be held not less than 20 nor more than 30 days after the date of mailing or the date of the last publication of the notice. At the hearing, the board may make changes in the engineering plan that the board considers necessary after reviewing objections or suggestions made by any person at the hearing. After the hearing, the board may approve the plan, as corrected or changed, by adopting an order of approval. However, if the owners of more than 50 percent of the lands within the subdistrict subject to the charges or assessments of the district file written objections to the order approving the engineering plan with the secretary of the district within 15 days after the date of the order, no further action shall be taken under the order and the plan shall be considered to have been rejected by the landowners. When an engineering plan for a subdistrict is rejected by the landowners, the board may obtain a new engineering plan and present it to the landowners in the manner provided in this section. [1999 c.356 §3]
Note:
See note under 545.093.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.095 - Charges or assessments for improvements within subdistrict.

The cost of constructing, purchasing, operating, maintaining and improving the works described in an engineering plan for a subdistrict shall be charged to the owners of the lands, or assessed against the lands, benefited by the works in proportion to the benefits to be received by each tract of land. The charges or assessments shall be in addition to the regular charges or assessments of the district under ORS 545.471. Only the lands or owners within a subdistrict shall be liable for, charged with or in any manner assessed for the payment of judgments, claims, damages, costs, expenses, debts or other liabilities of or against a district that arise out of or are incurred in the constructing, purchasing, operating, maintaining or improving of the works of the subdistrict. [1999 c.356 §4]
Note:
See note under 545.093.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.097 - Exclusion of tracts; effect on status of district, rights and liabilities.

The boundaries of any irrigation district organized under the Irrigation District Law may be changed, and tracts of land that were included within the boundaries of the district at or after its organization may be excluded from the district in the manner prescribed in ORS 545.097 to 545.126. However, a change of the boundaries of a district resulting from exclusion of lands from the district shall not impair or affect its organization, its right in or to property or any of its rights or privileges of whatever kind or nature. Exclusion of lands from the district shall not affect, impair, or discharge any contract, obligation, lien, or charge for or upon which the district would be liable or chargeable if the change of its boundaries had not been made, or if land had not been excluded from the district. [Formerly 545.602]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.099 - Petition for exclusion of lands from district; approval by board; payment of costs of exclusion.

(1) The owners in fee of one or more tracts of land or the holders of an uncompleted title to government or state lands which constitute a portion of an irrigation district may jointly or severally file with the board of directors a petition requesting that those tracts be excluded and taken from the district. The petition shall state the grounds upon which it is requested that the lands be excluded. The petition shall also describe the boundaries of the tracts sought to be excluded and the lands of the petitioners which are included within those boundaries. The description of the lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor.
(2) Upon receipt of a petition for exclusion, the board of directors shall review the petition and shall enter its order approving the petition. The board may approve the petition subject to the requirements of ORS 545.051, 545.097 or 545.126 or may approve the petition without conditions, as the board considers appropriate. The board, as a condition of exclusion, may require the petitioners to pay all costs of exclusion, including but not limited to recording fees, a reasonable administrative fee and all past due charges and assessments of the district attributable to the petitioners and the lands of the petitioners. When any district facilities, including but not limited to ditches, pipelines, headgates or other waterworks, are on the lands of the petitioners, if the petitioners propose to change the use of the land, the district may require the petitioners to provide measures to protect those facilities and may require that appropriate easements be provided if there are none of record. [Formerly 545.604; 1999 c.452 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.101 - Exclusion of subdivisions with three or more tracts on each acre of land; exceptions.

(1) When a subdivision is platted after September 13, 1975, under ORS 92.010 to 92.192, if the subdivision has three or more tracts on each acre of land within the subdivision, the subdivision shall be excluded and taken from the district pursuant to ORS 545.097 to 545.126 at the time that the plat is approved by the appropriate governing body.
(2) The exclusion provided in subsection (1) of this section shall not apply to a district which:
(a) Also supplies domestic water approved by the Oregon Health Authority to the subdivision; or
(b) Agrees to supply water to the subdivision. A district may require as a condition of any agreement that:
(A) The subdivider install underground pipe from the district’s designated point of delivery to each lot or parcel in the subdivision as shown on the plat approved by the appropriate governing body;
(B) The subdivider install a meter or other adequate measuring device at the delivery point to the subdivision and for each lot or parcel;
(C) The subdivider provide adequate easements for the delivery system and make provision for the maintenance and repair of the delivery system; and
(D) The subdivider provide any other measures that the district considers necessary for the proper and efficient delivery of water to the subdivision and for the efficient administration of such delivery.
(3) Nothing in subsection (2)(b) of this section requires a district to agree to deliver water to a subdivision. [Formerly 545.611; 1999 c.505 §1; 2009 c.595 §987]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.105 - Assent of bondholders; acknowledgment; filing; recording.

If there are outstanding bonds of the district at the time of the filing of the petition for exclusion, the holders of the bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion of the lands as may be excluded from the district by order of the board, may be excluded from the district. If the lands, or any portion of the lands, are excluded from the district, they shall be released from the lien of such outstanding bonds. The assent must be acknowledged by the bondholders in the same manner and form as required for a conveyance of land. The acknowledgment shall have the same force and effect as evidence as the acknowledgment of a conveyance. The assent shall be filed with the board and be recorded in the minutes of the board. The minutes, or a copy thereof certified by the secretary of the board, shall be admissible in evidence with the same effect as the assent. The certified copy may be recorded in the office of the county clerk of the county in which the lands are situated. [Formerly 545.612]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.109 - Recording minutes of board.

When the board of directors excludes any lands from the district upon petition for exclusion, if the exclusion changes the boundaries of the district, the board shall make an entry in its minutes describing the boundaries of the district. For that purpose the board may have a survey made of such portions of the district as it considers necessary. A certified copy of the entry of the minutes of the board excluding any land, certified by the secretary of the board, shall be filed for record in the county clerk’s office of each county within which any land of the district is situated. [Formerly 545.614; 1999 c.452 §13]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.113 - State agency to pay assessment and charges or to petition for exclusion.

Every state agency acquiring land within the boundaries of an irrigation district shall:
(1) Pay all assessments and other charges that may be lawfully charged by the irrigation district and that are chargeable to the owner or occupier of the land; or
(2) File with the board of directors of the district a petition requesting that the land be excluded from the district in accordance with ORS 545.097 to 545.126. [Formerly 545.615]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.123 - Redivision of district; election of director.

(1) When land is excluded from a district by proceedings under ORS 545.097, 545.099, 545.101, 545.105 or 545.109, if the district is subdivided for the election of directors and as a result of the exclusion of the land the deviation in acreage among the divisions is greater than 10 percent, the board of directors, not earlier than 30 days after the final order making the exclusion, shall make an order redividing the district. Redivision shall be done in the same manner as provided for the initial division of the district in ORS 545.033 (2).
(2) If redivision results in the creation of a division without a qualified representative on the board of directors, the position of director from that division shall be filled at the next general election of the district. When the newly elected director assumes office, if there are two or more directors from another division, the term of office of the director having the least time left to serve shall expire. The initial term of office of the newly elected director shall be the same as the remaining term of the director whose term expires as provided under this subsection. [Formerly 545.618; 1999 c.452 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.126 - Liability of excluded lands for district’s obligations.

ORS 545.097 to 545.126 shall not operate to release any lands excluded from the district from any lien on the lands or any obligation to pay any valid outstanding bonds or other indebtedness of the district at the time of the filing of the petition for exclusion of the lands. The lands shall be held subject to the lien, and answerable and chargeable for the payment and discharge of all outstanding obligations at the time of the filing of the petition, as fully as though the petition were never filed and the order of exclusion never made. If lands were subdivided into small tracts of less than one acre after the bonded indebtedness is apportioned to the lands on a per acre basis, the required payments shall be computed to the nearest one-tenth acre. For the purpose of discharging the outstanding indebtedness, the lands so excluded shall be considered part of the irrigation district. Notwithstanding the exclusion of land from the district, all provisions otherwise available to compel the payment by the land of its quota or portion of the outstanding obligation if the exclusion had never been accomplished, may be resorted to in order to compel and enforce the payment by the land of its quota or portion of the outstanding obligations of the irrigation district for which it is liable. However, the land excluded shall not be held answerable or chargeable for any obligation incurred after the filing of the petition for exclusion. This section shall not apply to any outstanding bonds or other obligations or indebtedness the holders of which have assented to the exclusion of such lands from the district. [Formerly 545.620]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.131 - Union or merger of districts; petition; approval of board; election; indebtedness.

An irrigation district may be merged and included within another irrigation district. The board of directors seeking merger shall present a petition showing the indebtedness of the district and its boundaries to the board of directors of the district in which it is desired to be included. The petition may be accepted or rejected by the latter board. If accepted, an election shall be ordered by the latter board in the district desiring to be included. At the election, the questions "Merger –Yes," and "Merger –No," shall be submitted to the qualified electors of the district and shall be determined by a majority vote of the qualified electors. The election shall be conducted in the same manner as an election for the organization of an irrigation district, and the board shall have the same powers and authority in conducting the election as are possessed by the county court in organizing an irrigation district. If the vote is "Merger–Yes," the indebtedness of each district shall be determined and entered upon the records. A division of the indebtedness shall be ordered which shall be binding on the districts. Thereafter the districts shall be one district with the lands of the merged district included in the surviving district to the same extent and effect in all respects as if originally included. [Formerly 545.622]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.135 - Elections subsequent to organization of district; election of directors.

(1) Except for the second Tuesday in November next following the organization of the district, an election shall be held in each district on the second Tuesday in November of each year, at which one or more directors shall be elected. The person receiving the highest number of votes for any office to be filled shall be elected, and shall hold office for three years from the annual organizational meeting in January next following the election and until a successor is elected and qualified. The qualifications for a director shall be those set forth in ORS 545.043.
(2) In districts organized prior to May 21, 1917, a director shall be elected from each of the three divisions into which the board of directors may have divided the district, or, if the board of directors has so ordered, the directors shall be elected from the district at large.
(3) A newly elected director shall take the official oath at the annual organizational meeting in January next following the election or as soon thereafter as possible. The director shall file the oath in the office of the board of directors.
(4) Notwithstanding subsection (1) of this section, if the second Tuesday in November falls on a holiday as defined in ORS 187.010 and 187.020, the election shall be held on the day following the second Tuesday in November. [1995 c.42 §30; 2005 c.469 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.139 - Board of election; polls; ballots.

(1) The judges who constitute the board of election for a precinct shall elect a presiding officer for the board who may administer all oaths required in the progress of an election. If during the progress of an election any judge fails to act, the presiding officer may appoint additional judges. Any member of the board of election may administer and certify oaths required to be administered during the progress of election. Before opening the polls each member of the board must take and subscribe an oath faithfully to perform the duties imposed by law. Any elector of the precinct may administer and certify such oath.
(2) The polls shall be open on the day of the election from 7 a.m. to 8 p.m.
(3) The provisions of the general election laws of this state concerning the form of ballot do not apply to the elections held under the Irrigation District Law. [Formerly 545.028; 2007 c.154 §64]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.141 - Conduct of election; challenge and verification of qualifications of elector; counting ballots.

(1) Voting may commence as soon as the polls are open and may continue during all the time the polls remain open. Voting shall be conducted as nearly as practicable in accordance with the general election laws. An absent elector may obtain a ballot and vote, as nearly as practicable, in the manner provided for absent electors in ORS chapter 253.
(2) A person who offers to vote and claims to be an elector, but fails to provide either evidence of ownership, acreage or other voting authorization, shall be allowed to vote after submitting a sworn statement in accordance with the provisions of ORS 254.407 and 254.409. However, any person voting pursuant to this section shall, in addition to the information required by ORS 254.407, include information in the elector’s statement concerning the location of the claimed land and the precise acreage for which the elector is claiming ownership or voting authorization. Upon receipt of the elector’s sworn statement, the secretary of the district shall attempt to verify the elector’s voting qualifications under the Irrigation District Law.
(3) Any election board member or elector present at the time of voting shall challenge a person offering to vote in any election whom the board member or elector knows or believes to be unqualified as an elector. Any challenge shall be made in accordance with ORS 254.415. The elector’s statement of challenge required by ORS 254.415 shall include the location of the claimed land and the precise acreage for which the elector is claiming ownership or voting authorization. Upon receipt of the elector’s sworn statement, the secretary of the district shall attempt to verify the elector’s voting qualifications according to the provisions of the Irrigation District Law.
(4) As soon as the polls are closed the judges shall open the ballot box and shall commence counting the votes. The ballot box may not be removed from the room in which the election is held until all ballots have been counted. The counting of the ballots shall be public. The presiding officer of the board of election or one of the judges shall take ballots from the ballot box one at a time, open them and read aloud the name of each person named on the ballot and the office for which the person is voted. If the intent of the voter is clear, the vote shall be counted and not rejected for lack of form. The judges shall keep an accurate account of the votes by tallies in duplicate and the counting shall continue without adjournment until all votes have been counted. [Formerly 545.030; 2001 c.257 §3; 2007 c.154 §65; 2013 c.520 §22]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.145 - Certificate of vote; stringing of ballots; sealing of returns; delivery to board secretary; recount.

As soon as all the votes are counted, a certificate shall be drawn up on each of the papers containing the tallies, or shall be attached to those papers. The certificate shall state the number of votes each candidate has received and shall designate the office for which the person was a candidate. The number of votes stated on the certificate shall be written in words and figures at full length. Each certificate shall be signed by all the members of the board of election. One of the certificates and the tally paper to which it is attached shall be retained by the presiding officer of the board of election and preserved by the presiding officer for at least six months. During the counting, the ballots shall be strung on a cord or thread by the presiding officer in the order in which they are entered upon the tally lists. The ballots, together with the other certificate and tally papers to which it is attached and a poll list of the voters voting at the election, shall be sealed by the presiding officer in the presence of the other judges, indorsed "Election returns of (naming the precinct) precinct," and directed to the secretary of the board of directors. The ballots and other materials shall be immediately delivered to the secretary of the board by the presiding officer, or by another safe and responsible carrier designated by the presiding officer. The ballots shall be kept unopened for at least six months, except that the ballots may be opened at any time at the direction of the board of directors for the purpose of canvassing the returns or conducting a recount of the ballots. If any person is of the opinion that the vote of any precinct has not been correctly counted, the person may appear on the day appointed by the board of directors to open and canvass the returns and demand a recount of the votes of the precinct that the person claims have been incorrectly counted. [Formerly 545.032]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.149 - Canvass of returns; standard for rejecting certain election documents; canvass to be in public.

A list, tally paper or certificate returned from any election shall not be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors shall meet at its usual place of meeting on the first Monday after each election to canvass the returns. If, at the time of meeting, the returns of each precinct in which polls have been opened have been received, the board of directors shall then and there canvass the returns. However, if all the returns have not been received, the canvass shall be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass shall be made in public and by opening the returns and computing the vote of the district for each person voted for, and declaring the result. [Formerly 545.034]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.153 - Statement of result; contents; certificate of election; effect of informalities in conduct of election.

(1) The secretary of the board of directors shall, as soon as the result is declared, enter on the records of the board a statement of the result. The statement must show:
(a) The whole number of votes cast in the district and in each division of the district.
(b) The names of the persons voted for.
(c) The office for which each person received votes.
(d) The number of votes given in each division to each person.
(e) The number of votes given for the office of director.
(f) The term of office for which each person received votes.
(2) The board of directors shall declare elected the person having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person a certificate of election, signed by the secretary and authenticated with the seal of the board. No informalities in conducting any election shall invalidate it if the election has been otherwise fairly conducted. [Formerly 545.036; 2001 c.257 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.167 - Division of district for election of directors; procedure.

(1) In any irrigation district in which the board of directors is elected at large, the district may be subdivided for the election of directors when:
(a) In the judgment of the board it is necessary or beneficial to the welfare of the district; or
(b) There is filed with the board a petition that has been signed by a number of electors of the district equal in number to 20 percent of the votes cast at the last preceding election at which a director of the board was elected.
(2) Upon the determination of the board or upon the filing of a petition requesting division of the district, the board shall submit the question to the district electors at the next regular election or at a special election ordered by the board for such purpose.
(3) If a majority of electors voting on the question approves the division of the district, immediately following the election the board shall divide the district in the manner provided in ORS 545.207. The divisions shall be numbered first, second and third. One director shall be elected to the board of directors of the district from each division. However, nothing in this section or in ORS 545.169 and 545.171 shall be construed to prevent the directors who are serving when the district is divided from serving out the unexpired portion of their terms. [Formerly 545.624; 1999 c.452 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.169 - Election of directors from newly created divisions.

(1) At the district election next following the dividing of the district into divisions, the office of the director whose term expires the following January shall be filled by election of a director from the newly created division which is without representation on the board.
(2) If there are two divisions without representation, then a director shall be elected at the district election next following the division of the district from the newly created division without representation on the board that contains the largest number of electors. The other newly created division shall elect a director at the second general election following the division, which director shall take office at the expiration of the term of the second retiring member of the board. [Formerly 545.626]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.171 - Election precincts in divisions; alteration.

For the purpose of elections in such district, the board of directors must establish a convenient number of election precincts in the divisions and define the boundaries of the precincts. An entire subdivision of a district may be designated as a single election precinct. For purposes of conducting an election, the board may designate a place that is within a precinct, at the district office or at any other location within the district as the place where the election is to be held. The precincts may be changed from time to time as the board considers necessary. [Formerly 545.628; 1999 c.452 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.181 - Organization of board; officers; establishment of meeting dates; collection, custody and disbursement of moneys.

(1) Except as provided in subsection (2) of this section, on the first Tuesday in January next following their election, the board of directors shall meet and organize as a board. In organizing as a board, the directors shall:
(a) Elect a president from among the directors and appoint a secretary, who may be a director or the manager of the district.
(b) Establish the time for regular monthly meetings of the board as required under ORS 545.185.
(c) Establish, by resolution, the date of the next annual organizational meeting of the district.
(d) Establish the date the board shall next meet as a board of equalization under ORS 545.418.
(2) The board of directors may, by resolution, establish a different date in January for the annual organizational meeting.
(3) The county treasurer of the county in which the petition for the organization of the district was filed shall be ex officio treasurer of the district. Any moneys collected by other county treasurers on behalf of the district shall be transmitted to the district treasurer, together with a statement specifying the fund into which it is to be deposited. However, if the secretary of the irrigation district is authorized to collect operation and maintenance assessments or emergency assessments, as provided in this chapter, the secretary shall disburse the assessment moneys upon orders of the board of directors of the district. Any county treasurer having custody or control of funds of an irrigation district shall be responsible for them on the official bond as county treasurer. [Formerly 545.062; 2005 c.468 §1; 2005 c.469 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.183 - Compensation and expenses of officers and employees; membership fees in associations.

The board shall fix the compensation to be paid to the other officers and employees of the district. The board may pay, from the funds of the district, annual membership fees and assessments to irrigation, drainage or water users’ associations. [Formerly 545.066]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.185 - Meetings of board; quorum; public inspection of records.

The board of directors shall hold a regular monthly meeting in its office. The time of the regular monthly meeting shall be fixed by resolution of the board at the regular annual organizational meeting required by ORS 545.181. Special meetings required for the proper transaction of business may be held when called by the president or ordered by a majority of the board, by an order entered in the records of the board. Five days’ notice of the special meeting must be given by the secretary to each member not joining in the order. The order must specify the business to be transacted, and business other than that specified may not be transacted at the special meeting, unless all the members are present. All meetings of the board must be public, and a majority of the members shall constitute a quorum for the transaction of business. However, on all questions requiring a vote there shall be concurrence of a majority of the board. All records of the board shall be open to public inspection during business hours. [Formerly 545.068; 1999 c.452 §19; 2005 c.468 §2; 2005 c.469 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.187 - Vacancy in office when director ceases to be resident or landowner; appointment of successor.

If a director of an irrigation district ceases to be a resident of the State of Oregon or ceases to be an owner, or a shareholder of a corporate owner, of land that is subject to the charges or assessments of the district situated in the division from which the director was elected or appointed, the position of the director becomes vacant. The vacancy must be filled as provided in ORS 545.188. [1995 c.754 §10; 2009 c.282 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.188 - Filling vacancy in office of director.

If the office of director of a board of directors of an irrigation district becomes vacant for any reason, notwithstanding ORS 198.320, the remaining directors on the board shall:
(1) If the district has been divided, appoint a resident of the State of Oregon who is a bona fide owner, or a shareholder of a bona fide corporate owner, of land situated in the division to serve until the annual meeting next following an election to fill the vacancy. The electors of the division shall elect a successor, from within the division, to replace the appointed director, who shall take office at the annual meeting next following the election and shall serve the remainder of the term of the director who vacated the office.
(2) If the district has not been divided, appoint a resident of the State of Oregon who is a bona fide owner, or a shareholder of a bona fide corporate owner, of land situated in the district to serve until the annual meeting next following an election to fill the vacancy. The electors of the district shall elect a successor, at large, to replace the appointed director, who shall take office at the annual meeting next following the election and shall serve the remainder of the term of the director who vacated the office. [2009 c.282 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.189 - Recall of director; procedure; required number of signatures for recall petition.

(1) A district director may be recalled as provided in ORS 198.410 to 198.440, except that the recall petition shall be signed by a number of persons who are qualified to vote in the district, or in the subdivision of the district from which the director was elected, that is equal to but not less than the lesser of:
(a) Fifteen percent of the total number of votes that may be cast in an election for the director; or
(b) Fifteen percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term.
(2) Not more than one of the electors of a multiple ownership as described in ORS 545.007 (1)(a) may sign a recall petition. [1995 c.754 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.199 - Increase in number of directors upon determination of board or petition; election on increase.

(1) An irrigation district may increase the number of its board of directors from three to five members when:
(a) In the judgment of the board of directors, it is necessary or beneficial to the welfare of the district; or
(b) Fifty or more qualified electors within the district file with the board a petition requesting an election for the purpose of increasing the number of directors.
(2) Upon the determination of the board or upon the filing of a petition requesting the increase, the board shall submit the question to the district electors at the next regular election or at a special election ordered by the board for such purpose. At the same election, two persons shall be elected to serve as directors if the electors, by a majority of votes cast at the election, increase the number of the board. [Formerly 545.018; 1997 c.249 §182; 1999 c.452 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.203 - Election of additional directors; terms of office.

Upon canvass of the returns, as provided in ORS 545.149, if there is any change voted, the person receiving the highest number of votes for the office of director at the election shall serve as director of the district at large for a three-year term that shall be considered to have started on the first Tuesday in January that next followed the last previous general election. The person receiving the next highest number of votes shall serve as director of the district at large for a term of two years that shall be considered to have started on the first Tuesday in January that next followed the last previous general election. [Formerly 545.020]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.207 - Redivision of district upon increase in directors; representation of divisions; voting qualifications.

Upon an increase of the number of directors from three to five, the board shall divide the total acreage of the district that is subject to assessment or charges by the district, into five divisions. Each division shall be as nearly equal in total acreage as may be practicable. In addition, the board shall define and particularly describe division boundaries and make use, in so far as may be desirable, of such natural boundaries as may exist in the district. The divisions shall be numbered first, second, third, fourth and fifth. As the terms of the present members of the board of directors expire, one director who is a resident of Oregon and either a bona fide owner of land or a shareholder of a bona fide corporate owner of land situated in the division, shall be elected from each division as the representative of that division on the board of directors. Voting for director of each division shall be by qualified electors within the division. However, the qualified electors of any district may, by a majority vote, determine that voting for directors shall be by the qualified electors of the entire district. If an elector is an owner in two or more divisions and resides in one of them, the elector shall vote in the division of residence. If an elector is a nonresident of the district, the elector may choose to vote in any one division in which the elector is an owner of land. When a nonresident landowner chooses to vote in any one division, the landowner shall file with the secretary of the board a notice of the choice of division where the nonresident landowner chooses to vote. A nonresident landowner’s choice to vote in a certain division is permanent and remains permanent until the nonresident landowner’s ownership status changes in any way or until the nonresident landowner becomes a resident owner. [Formerly 545.022; 1999 c.452 §21]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.211 - Decrease in number of directors; redivision of district; terms of office.

The number of directors may be decreased to three substantially in the same manner as that provided for the increase of directors. When the number of directors is decreased, the board shall redivide the district into three divisions. The existing board shall continue in office until the expiration or other termination of their terms. Successors shall be appointed or elected only in divisions where representation will terminate with the term of a director. Directors shall thereafter be appointed or elected only as necessary to fulfill the requirements of the decrease in membership of the board, and so that the term of one director will expire each year. [Formerly 545.024]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 545 - Irrigation Districts › Section 545.221 - Powers and duties of board as to management of district; water deliveries.

(1) The board shall:
(a) Manage and conduct the business and affairs of the district.
(b) Make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties.
(c) Establish equitable bylaws, rules and regulations for the administration of the district and for the distribution and use of water among the landowners.
(d) Generally perform all acts necessary to fully carry out the purposes of the Irrigation District Law.
(2) The board may make available to any member user of the district, on an actual cost basis, any machinery or equipment required for the normal operation of an irrigation district. This machinery or equipment may be used by the member user only for improvement of water distribution or drainage systems and only at the convenience of the district. However, the machinery or equipment may not be used outside the boundaries of the district.
(3) The bylaws, rules and regulations established under this section may designate, either generally or particularly, the points of delivery within the district to which the district will make water deliveries for the use and benefit of member users at district expense. Water deliveries so made shall be in full and complete discharge of the district’s obligation of water deliveries to member users under the Irrigation District Law. [Formerly 545.064; 1999 c.452 §22]