reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.060 - Deposit by applicant; disposition of money.

A deposit shall accompany each application in a sum not less than 10 cents per acre up to 1,000 acres, and two cents per acre for each acre over that amount, which sum shall be deposited with the Water Resources Commission and held in trust as a guarantee of good faith on the part of the applicant, to whom it shall be returned at the time of execution of a contract between the state and the applicant. In case the person making the application shall, upon segregation by the Secretary of the Interior of any or all of the lands mentioned therein, refuse to enter into a contract with the state, the deposit shall be forfeited to the state and credited to the Oregon Irrigation Fund.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.070 - Contract for reclamation of land; contents; examination and report by Water Resources Commission; sale of water right to settlers; bond of contractor; deposit to secure purchasers of water rights.

Upon withdrawal of the land by the Department of the Interior, the Water Resources Commission shall enter into a contract for the reclamation of such land with the person submitting the application, which contract shall contain plans and specifications of the proposed irrigation works; provided, that no contract shall be executed by the commission until after an examination by the commission concerning the feasibility of the proposed plan of reclamation, sufficiency and availability of the water supply, and reasonableness of the estimate of cost and the lien requested. The contract shall provide for the sale of the water right to settlers on the land in satisfaction of the reclamation lien allowed. This contract shall not be entered into on the part of the state until the withdrawal of the lands by the Department of the Interior and the filing of a satisfactory bond on the part of the proposed contractor, which bond shall be in a penal sum not less than two percent of the lien to be allowed, and shall be conditioned upon the faithful performance of the provisions of the contract with the state; provided, that in case the contractor is the irrigation district such bond need not be filed. The commission may, however, require the contractor to make a deposit at the time of application for entry of land by settlers to insure the transfer of the system in good condition and repair to the purchasers of water rights as herein provided, which deposit shall be returned by the commission at the time of such transfer. [Amended by 1955 c.707 §69]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.080 - Reclamation works; control by contractor; transfer to purchasers of water rights.

For such time as is specified in the contract, and not to exceed 10 years from the date thereof, the control and management of the reclamation works shall be vested in the person having contract with the state. At the expiration of such time the clear and unencumbered title to the reclamation works and all franchises thereunto belonging, also the control and management thereof, shall pass to the purchasers of water rights from the reclamation works in the manner to be prescribed in the contract, the contractor retaining an interest in the works proportional to the amount of water right unsold.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.090 - Time for construction of works; date of commencement; securing of water rights; cessation of work as causing forfeiture; extension of time.

No contract shall be made by the Water Resources Commission which requires a greater time than five years for construction of the works. All contracts shall state that the work shall begin within six months from date of contract; that the contractor shall secure for the use and benefit of the reclamation system all necessary water rights, rights of way, reservoir sites, or other property necessary for its construction and operation; that construction shall be prosecuted diligently and continuously to completion; and that a cessation of work under the contract with the state for a period of six months, without the sanction of the commission, will forfeit to the state all rights under the contract. The commission may extend the time in which to begin the construction of works, or for the completion of work, on account of delay caused by physical or engineering difficulties beyond the power of the contractor to control.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.100 - Nonperformance by contractor; forfeiture; notice of forfeiture; sale of incomplete works; disposal of proceeds.

(1) Upon the failure of any parties having contracts with the state for the construction of irrigation works, to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract with the state, to the satisfaction of the Water Resources Commission, the commission shall give the parties written notice of such failure. If after a period of 60 days from the sending of such notice they have failed to proceed with the work or to conform to the specifications of their contract with the state, or secure an extension of time, their contract and all works constructed thereunder shall be at once forfeited to the state.
(2) In case of any forfeiture, cancellation, or relinquishment of any contract to the state, the commission shall so declare and give notice once each week, for four weeks, in some newspaper of general circulation in the county in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of the forfeiture, cancellation, or relinquishment of the contract, and that upon a fixed day proposals will be received at the office of the commission for purchase of the incompleted works and for completion of the irrigation works in accordance with plans, specifications and other conditions prescribed by the commission, the time for receiving bids to be at least 60 days subsequent to the issuing of the last notice of forfeiture. The money received by the commission from sale of the partially completed works under the provisions of this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal, and the surplus, if any exists, shall be paid to the original contractors with the state.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.110 - State’s liability.

Nothing in ORS 555.010 to 555.160 shall be construed as authorizing the Water Resources Commission to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.120 - Conditions precedent to entry onto land and sale of water rights; form of applications for purchase or for release of lien; "date of reclamation."

No land shall be open to entry and no water rights shall be sold by the parties under contract with the Water Resources Commission until the construction of the works is sufficiently advanced to insure a water supply, and the entry of an order by the commission opening the land or any portion thereof to entry and sale. All applications to purchase lands, or for release of lien for construction of the reclamation works, shall be upon the forms provided by the commission. The "date of reclamation," for the purposes of ORS 555.010 to 555.160, shall be the date shown by the proof furnished the Secretary of the Interior by the commission at which water was furnished available for the reclamation of each tract in the list of lands.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.130 - Application to enter; contract for purchase of water rights and release of lien; payment for land.

Any citizen of the United States, or any person having declared an intention to become such, over the age of 21 years, may make application, under oath, to the Water Resources Commission, upon forms prescribed by the commission, to enter any of the lands reclaimed under the provisions of ORS 555.010 to 555.160, in an amount not to exceed 160 acres for any one person. Each application shall be accompanied by a contract, made and entered into by the applicant with the person who has undertaken the reclamation of the tract in question, which contract shall show that the applicant has made proper arrangement for purchase of the necessary water rights and the release of the construction lien. Each application to the commission shall in addition be accompanied by a payment of not less than $1 per acre for each acre included in the application, which payment shall be made by the contractor out of the first payment by the applicant, and shall be deposited by the commission with the State Treasurer, who shall credit it to the Oregon Irrigation Fund. If the application is not approved, the $1 payment shall be returned to the contractor.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.140 - Deeds to land; execution; form; title conveyed; record; preservation of copies; copies as evidence.

Upon filing with the Water Resources Commission a satisfactory release of the construction lien apportioned by the commission against the land in any application, accompanied by satisfactory proof of reclamation, cultivation and settlement, as required by the rules of the commission, it shall be the duty of the commission to deed to the applicant, or the assignee of the applicant, the land described in the application. The deeds shall be in form of a quitclaim and shall operate to convey only such title as the state may have in the land conveyed. The deeds, without acknowledgment, or copies thereof duly certified and attested under seal by the commission, certified from the official copy in the keeping of the commission, shall be admitted to record. The commission shall preserve, in a suitable book, a true copy of the deeds, with an alphabetical index of the names of the grantees, and such copies or certified copies thereof certified and attested as aforesaid shall be primary evidence of such conveyances.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.150 - Rules.

The Water Resources Commission shall provide suitable rules for the filing of applications for constructing irrigation works, prescribing the nature of final surveys, and the gathering of engineering data upon which the contract with the state is to be based, the manner in which the plans and specifications shall be submitted, and for the entry of and payment for the land and water rights by settlers and for the settlement or forfeiting of entry by settlers, and such other rules and regulations as are necessary to carry out the provisions of ORS 555.010 to 555.160.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.160 - Report of work, expenditures and condition of funds; recommendations for legislation.

The Water Resources Commission shall issue, on or before September 30 of each even-numbered year, a full report of the work of the commission under the provisions of ORS 555.010 to 555.160, including a statement of expenditures and condition of all funds, and such recommendations for legislation as are deemed advisable. [Amended by 2011 c.545 §62]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.171 - Transfers from Oregon Irrigation Fund to General Fund.

Notwithstanding the provisions of ORS 555.170, all moneys in the Oregon Irrigation Fund created by ORS 555.170 on February 18, 1955, and all moneys paid into such fund after February 18, 1955, are to be transferred to the General Fund to be available for general governmental expenses. [1955 c.23 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.180 - Payment for irrigation of acreage in excess of contract; notice by Water Resources Commission; price per acre.

Wherever an irrigation system has been constructed under contract with the State of Oregon pursuant to the Act of Congress known as the Carey Act, and under and pursuant to ORS 555.010 to 555.160, and it develops that the acreage of land actually irrigated in any smallest legal subdivision of the land is greater than the acreage made subject to the lien in the reclamation contract for said smallest legal subdivision and the waters for the excess acres actually irrigated in such legal subdivision over and above the amount fixed in the contract for lien have not as yet been paid for, nor the amount to be paid therefor agreed upon, the Water Resources Commission upon request of the company supplying water to the excess acres shall notify the person using the water upon the excess acres to pay for the same or enter into an arrangement with the company furnishing the water providing for the price to be paid therefor and the manner of payment; provided, the company furnishing the water shall not exact a price per acre for such excess acres greater than the price per acre as now fixed by the commission.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.190 - Notice to be in writing; service; noncompliance; effect.

The notice given by the Water Resources Commission shall be in writing and may be served by registered mail or by certified mail with return receipt. If the user of the water does not comply with the notice and either pay for the excess water or enter into a definite arrangement with the company for payment thereof within 30 days from the mailing of the notice, the commission shall, upon notice from the company furnishing the water, cancel the right of the landowner to the excess acres and thereafter, without further application for permission so to do, the company furnishing the water may sell and deliver the water to other lands. Upon effecting the sale of the water to other lands the company shall notify the commission of the lands to which the water is transferred. [Amended by 1991 c.249 §57]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.310 - Reclamation of lands in Tumalo Project; contracts for.

The Water Resources Commission is authorized and empowered to contract for the completion of the reclamation of lands in the Tumalo Project or any part thereof, and to otherwise carry out the provisions of ORS 555.310 to 555.410, with any irrigation district, organized pursuant to the laws of Oregon, including lands in the project or any part thereof, or with any other irrigation district, or with the federal government, or with any person.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.320 - Project manager; duties and authority.

(1) The Water Resources Commission shall appoint, at a salary to be fixed by the commission, a project manager for the Tumalo Project, who shall hold office and serve at the pleasure of the commission, but not longer than two years without reappointment. In the selection of a project manager, due consideration shall be given the recommendations of the Board of Directors of the Water Users’ Association of the Tumalo Project, which project was designated in chapter 119, Oregon Laws 1913, as the Columbia Southern Irrigation Project. The project manager shall have complete charge of the operation, maintenance and management of all matters pertaining to the project, and shall have authority to collect maintenance fees and issue receipts therefor, to employ necessary assistants, purchase materials and supplies, make proper and necessary repairs, renewals and alterations in the irrigation system when required, necessary or authorized by the commission, and to furnish inventories of machinery, equipment and materials at stated intervals.
(2) All machinery, materials, supplies and land acquired by the state under the provisions of chapter 119, Oregon Laws 1913, not required in the future operation of the project, shall be sold by the project manager under the direction of the commission, and the funds arising therefrom shall be placed in the Tumalo Project Fund. The project manager shall render a monthly report to the commission covering the operation of the project and such other matters as the commission may direct. The project manager shall furnish a good and sufficient surety bond in the sum of $5,000 running to the State of Oregon, subject to the approval of the Attorney General, and conditioned upon the faithful performance of duties.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.340 - Water rights; sale price; lien on lands; lien list; expenditures of state; repayment from sale of lands and rights; replacement or surrender of contracts with Columbia Southern Irrigation Company.

(1) Subject to ORS 555.350, the prices to be paid for the sale of water rights on private lands as well as Carey Act lands, in the Tumalo Project, shall be $40, with interest at five percent from the date of contract of sale, in addition to which there shall be a charge of $2.50 per acre for the nonirrigable Carey Act lands; provided, however, that no new lien shall be placed upon any lands having a complete vested water right on June 3, 1913. A certified copy of the lien list shall be prepared by the Water Resources Commission, showing the price to be paid for water rights for each small subdivision or farm unit of Carey Act land in the project. A certified copy of the lien list shall be filed in the records of Crook County. From and after the date of reclamation of any tract designated in the list a valid lien in favor of the State of Oregon shall exist against each tract in the list for the amount designated therein until the same, together with accruing interest, has been paid in full.
(2) The total amount to be realized from the sale of Carey Act lands and water rights for private lands shall insure the return to the state of all money expended by it in the reclamation of the lands in the project with interest at five percent from the date of the contract of sale, in addition to any further sums or amounts which are found necessary to be paid on account of the project.
(3) Any person who holds a contract with the Columbia Southern Irrigation Company or its successors in interest, for any tract in the project, may execute a new contract with the state for reclamation, under the provisions of ORS 555.310 to 555.410, of the land described in the original contract with the company, or a new selection, receiving credit thereon for the principal paid to the company under the original contract; or, may surrender the contract and receive, in cash, the full amount of principal paid to the company on the contract; provided, however, that no contract holder shall be entitled to a refund of the money as herein provided unless an assignment of all rights, title and interest in and to the contract and the land described therein was filed with the Desert Land Board on or before July 1, 1917; provided, further, that refunds shall be made to contract holders pro rata as funds may become available from time to time after July 1, 1915. The failure to comply with the above option by any contract holder under the old Columbia Southern Project shall render the contract void and the lands embraced therein shall revert to the state and be subject to reentry.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.350 - Increase of lien against unsold land; reduction of amount due to state.

The Water Resources Commission may increase the reclamation lien against the land not now sold in the Tumalo Project as fixed in ORS 555.340, if such increase is necessary or expedient in the completion of the project. The commission may reduce the amount due the state on account of the construction of the Tumalo Project by the amount expended by any such district or the federal government in completing the reclamation of the lands embraced within the project or any amount which may be expended in discharging the obligations of the state incurred under and pursuant to ORS 555.320, 555.340 and 555.380, or otherwise.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.360 - Arrangements to settle, cultivate and reclaim Carey Act lands; contract provisions; sale of water rights to private lands; rules; fees.

The Water Resources Commission shall make all necessary arrangements to secure the settlement, cultivation and reclamation of Carey Act lands in the Tumalo Project; accept applications for the entry of the lands; make contracts for the purchase of water rights and release of lien for the lands; make rules for their cultivation and settlement; and prescribe the forms to be used for such purposes. Each contract with purchasers shall provide for payment of the full amount of lien assessed against the tract covered by the contract within a period of not to exceed 20 years, with interest on deferred payments at five percent per annum, and shall also provide for payment of an annual maintenance fee, to be fixed by the commission. Contracts executed before May 27, 1913, may be brought under the terms of ORS 555.310 to 555.410, and the rate of interest thereunder shall be five percent from and after December 1, 1916. Contracts for the sale of water rights to private lands within the project shall be upon the same terms and conditions as for Carey Act lands, and the commission shall in addition require the purchaser to give a first mortgage on such private lands, to the state, as security for the payments due under the contract. The contracts with purchasers, both on Carey Act and private lands, shall provide for the sale of a proportionate interest in the reclamation system to each purchaser, and for transfer of the reclamation system to the purchasers when the water rights for a majority of the lands in the project have been fully paid for, the state retaining an interest proportionate to the unpaid balance on the contracts.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.370 - Cancellation of contract upon default.

Upon failure of any purchaser having a contract with the Water Resources Commission to make payments of principal and interest according to the terms of the contract, the commission shall notify the purchaser by registered mail or by certified mail with return receipt of the default. If the default continues for a period of six months after the sending of such notice, the commission may cancel the contract, and all payments made thereunder shall be forfeited to the state and placed in the irrigation fund. The commission may reopen the lands covered by the canceled contract for entry, and resell water rights to the land to some other purchaser. Nothing in this section, however, shall be construed so as to prevent the commission from extending the time to make any payment due under any contract with a purchaser, when in the judgment of the commission the purchaser is entitled to an extension. [Amended by 1991 c.249 §58]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.380 - Tumalo Project Fund; rules.

(1) All moneys received as maintenance fees on the Tumalo Project shall be applied to the cost of maintaining, repairing, operating and distributing water for the project. The money shall be collected and disbursed by the project manager under the direction of the commission, who shall prescribe rules and regulations governing such collections or disbursements.
(2) All moneys derived from the Tumalo Project from whatsoever source, except as maintenance fees, shall be placed in the Tumalo Project Fund in the hands of the State Treasurer, which fund is hereby created. Disbursements from the Tumalo Project Fund shall be made to repay contract holders as provided in ORS 555.310 to 555.410, and to defray the expenses of construction, extension and operation of the project; except that no repayments to contract holders shall be made which shall reduce the Tumalo Project Fund to less than $5,000, which amount shall be held as an emergency fund to be disbursed for the project in case of an emergency. After all payments to contract holders have been made, all moneys in the fund, except $1,000 for an emergency, shall be placed to the credit of the General Fund of the state and credited as payment to the state on account of the original appropriation for the construction of the Tumalo Project and interest on same. From and after that date all money derived from the sale of land and water rights shall be deposited in the General Fund until all expenses incurred by the state in connection with the project, including five percent interest on all money advanced from the date of sale of the lands, have been repaid, after which time all money received from the sale of lands and water rights shall be deposited in the Oregon Irrigation Fund.
(3) All expenditures for the Tumalo Project from the Tumalo Project Fund shall be paid at the same time and in the same manner as state officers are paid.
(4) All fees payable to the office of the commission in connection with or incident to the completion of applications and the issuance of permits for the appropriation, diversion, storage and use of waters in the Tumalo Project are hereby remitted to the project, and payment thereof shall not be required by the commission.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.390 - Transfer of state’s interest to irrigation districts or to federal government.

The Water Resources Commission may, with due regard to the interests of the state, transfer all the right, title and interest of the state in and to the Tumalo Project, and all rights or franchises thereunto appertaining, to any irrigation district or to the federal government, whenever it appears to the commission that such transfer will be in the best interests of the project.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.400 - Preferred purchasers.

In the sale of water and water rights and the entry upon lands now remaining unsold in the Tumalo Project, honorably discharged soldiers and sailors, marines, and Red Cross nurses of the Mexican, Spanish or Indian wars and of World War I shall have a preferred right to the purchase and acquiring of the same for such period of time as may be designated by the Water Resources Commission.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.410 - Repayment of appropriation from receipts of sale of lands; expenditures.

The sum of $10,000, which was appropriated by section 2, chapter 424, Oregon Laws 1917, shall be considered a loan to the Tumalo Project and shall be returned to the General Fund, together with interest at the legal rate from the date on which the money is made available, from the receipts of the sale of project lands. All expenditures incurred under the provisions of ORS 555.340, 555.360 and 555.380 shall be paid at the same time and in the same manner as state officers, upon vouchers approved by the Water Resources Commission.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.500 - Formation; purpose; general powers.

(1) Contiguous territory that is not within the corporate boundaries of a city may be formed into, or included in, a sand control district as provided by ORS 555.500 to 555.535 and provisions of ORS 198.705 to 198.955 that are not inconsistent with ORS 555.500 to 555.535.
(2) A sand control district may be created for the purpose of controlling or moving drifting sand within the district or removing drifting sand from within the district. The sand control district may:
(a) Make contracts.
(b) Acquire, hold, receive and dispose of real and personal property.
(c) Sue and be sued.
(d) Exercise the power of eminent domain.
(e) Raise revenue by levying, assessing and collecting taxes on taxable real property within the district under ordinances adopted, amended or repealed under ORS 198.510 to 198.600.
(f) Take action necessary to carry out the purposes and perform the duties of the district.
(3) Plans and actions of the district must comply with the requirements of county ordinances. [2015 c.560 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.507 - Board of directors; meetings; quorum.

(1) The authority of a sand control district is vested in a district board consisting of three members. Upon taking office, a board member shall take, and subscribe to, an oath of office to support the Constitution and laws of the United States and of the State of Oregon and to honestly and faithfully perform the duties imposed upon the member under the laws of Oregon.
(2) The district board:
(a) Shall hold at least one regular meeting in each calendar month, on a day fixed by the board, and may hold special meetings as the board determines.
(b) Shall hold meetings at times and places within the district as the board determines.
(c) Shall, at the time of its organization, choose from the members a president, a secretary and a treasurer, who hold those offices until the first regular meeting in January, or until their successors are chosen and qualified.
(d) May call a special election at any regular meeting of the district.
(3) A majority of the members constitutes a quorum to conduct business and, in the absence of the member serving as president, another member may preside at a meeting.
(4) The secretary of the district shall:
(a) Assign position numbers one to three to the offices of board members;
(b) Certify the assigned position numbers to the member holding the office; and
(c) File a copy of the certification with the district elections officer.
(5) Except as provided in ORS 555.514, the term of office of a board member is four years.
(6) The district board shall fill a vacancy on the board as provided in ORS 198.320. [2015 c.560 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.514 - Qualifications to serve on board; initial meeting; initial terms of board members.

(1) If a sand control district contains 100 or more electors residing within its boundaries, electors of the district are qualified to serve as board members. Otherwise, an individual who owns taxable real property within the district and is an elector registered in this state is qualified to serve as a member.
(2) Within 10 days after the creation of the district or the election of the first board members, whichever occurs later, the district board shall:
(a) Meet and organize; and
(b) Determine by lot the length of term of each board member.
(3) The term of one of the members determined under subsection (2) of this section expires June 30 next following the first regular district election. The term of two members determined under subsection (2) of this section expires June 30 next following the second regular district election. [2015 c.560 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.521 - Finances; records.

(1) A sand control district shall deposit moneys in accordance with ORS 295.001 to 295.108 and as designated by the district board.
(2) The moneys may be withdrawn or paid out pursuant to an order of the board upon a check signed by the treasurer or by a person authorized to serve as custodian of district funds by a resolution of the board.
(3) The district board shall keep on file receipts or vouchers that show the nature and items covered by each check drawn.
(4) The district board shall:
(a) Cause all proceedings of the board to be entered at large in a record book.
(b) Preserve, and make available for inspection, public records pertaining to the authority and duties of the district, as required by ORS 192.311 to 192.478. [2015 c.560 §4; 2019 c.587 §46]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.528 - Authority to issue general obligation bonds.

(1) Upon approval of the electors of a sand control district, the district may issue general obligation bonds, as prescribed in ORS 287A.300 to 287A.380, from time to time to finance purposes and duties of the district.
(2) The district may not issue, or have outstanding at any time, general obligation bonds in a principal amount that exceeds:
(a) Five percent of the real market value of the taxable property in the district, calculated as provided in ORS 308.207, if the district has a population of less than 100 individuals within its boundaries; or
(b) 10 percent of the real market value of the taxable property in the district, calculated as provided in ORS 308.207, if the district has a population of 100 or more individuals within its boundaries.
(3) Bonds issued under this section must mature within 30 years from the date of issuance. [2015 c.560 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 555 - Reclamation Projects; Sand Control › Section 555.535 - Application of ORS chapter 255.

(1) ORS chapter 255 governs:
(a) The nomination and election of district board members of a sand control district.
(b) The conduct of sand control district elections.
(2) The electors of the district may exercise the initiative and referendum powers for a district measure as provided in ORS 255.135 to 255.205. [2015 c.560 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.010 - Definitions for ORS 558.010 to 558.140.

As used in ORS 558.010 to 558.140:
(1) "Department" means the State Department of Agriculture.
(2) "Person" includes any public or private corporation. [1953 c.654 §1; 1955 c.61 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.020 - Purpose of ORS 558.010 to 558.140.

The purpose of ORS 558.010 to 558.140 is to promote the public health, safety and welfare by providing for the licensing, regulation and control of interference by artificial means with the natural precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1953 c.654 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.030 - Artificial weather modification prohibited without license.

No person, without securing a license from the State Department of Agriculture, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1953 c.654 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.040 - Application for license; fee.

(1) Any person desiring to do any of the acts specified in ORS 558.030 shall file with the State Department of Agriculture an application for a license on a form to be supplied by the department for such purpose setting forth all of the following:
(a) The name and post-office address of the applicant.
(b) The education, experience and qualifications of the applicant, or if the applicant is not an individual, the education, experience and qualifications of the persons who will be in control and in charge of the operation of the applicant.
(c) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.
(d) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such operation and the manner in which the production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the operation.
(e) The method and type of equipment and the type and composition of the materials that the applicant proposes to use.
(f) Such other pertinent information as the department may require.
(2) Each application shall be accompanied by a filing fee in the sum of $100, and proof of financial responsibility as required by ORS 558.050. [1953 c.654 §4; 1975 c.420 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.050 - Proof of financial responsibility.

(1) No license shall be issued to any person until the person has filed with the State Department of Agriculture proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by the person in the amount of $100,000 because of bodily injury to or death of one person resulting from any one accident, and, subject to said limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons resulting from any one accident, and in the amount of $300,000 because of injury to or destruction of property of others resulting from any one accident.
(2) Proof of financial responsibility may be given by filing with the department a certificate of insurance or a bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or a certificate evidencing deposit of money in the same manner and with the same effect as provided by ORS 558.052 to 558.054, 806.080 and 806.270. [1953 c.654 §13; 1975 c.420 §1a; 1983 c.338 §961; 1991 c.331 §82; 1995 c.41 §3; 1997 c.631 §495; 2003 c.175 §13]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.052 - Requirements for bonds used to meet financial responsibility.

A bond used to comply with financial responsibility requirements under ORS 558.050 must meet all of the following requirements:
(1) The bond must be in the amount required by ORS 558.050.
(2) The bond must be approved by a judge of a court of record in this state.
(3) The bond must contain a provision that it cannot be canceled except upon the giving of 10 days’ prior written notice to the State Department of Agriculture.
(4) The bond must be provided by either of the following:
(a) A surety company.
(b) Two persons who are residents of Oregon and who each own real property in this state having together equities at least of the value required for the bond under ORS 558.050.
(5) If the bond is provided by real property owners in this state, the bond must contain a schedule of the real property owned by each of the sureties that will be used to meet the financial responsibility requirements of this state.
(6) The bond must be conditioned to pay, on behalf of the principal, the limits of financial responsibility requirements under ORS 558.050.
(7) The bond must be conditioned to pay, on behalf of the principal, judgments against a person for accidents described in ORS 558.050 and must be subject to action under ORS 558.053.
(8) The bond is subject to any rules adopted by the department relating to such bonds. [2003 c.175 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.053 - Judgment against principal on bond; action against surety; satisfaction.

(1) If a judgment rendered against the principal on a bond described under ORS 558.052 is not settled within 60 days after it has become final, a judgment creditor, for the judgment creditor’s own use and benefit and at the judgment creditor’s sole expense, may bring an action against any surety on the bond. An action brought under this section must be brought in the name of the state. An action under this section may include any action or proceeding to foreclose any lien established upon the real property of a surety under ORS 558.052.
(2) For purposes of this section, a judgment is satisfied when any of the following occurs:
(a) Payments in the amounts established by the payment schedule under ORS 558.050 have been credited upon any judgment or judgments rendered in excess of those amounts.
(b) Judgments rendered for less than the amounts established under ORS 558.050 have been satisfied.
(c) The judgment creditor and the judgment debtor have mutually agreed upon a compromise settlement of the judgment.
(d) The judgment against the judgment debtor has been discharged in bankruptcy. [2003 c.175 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.054 - Deposit of cash or other security to meet financial responsibility; rules; use of deposit.

(1) A person may satisfy the financial responsibility requirements of ORS 558.050 by depositing with the State Department of Agriculture the following:
(a) Cash;
(b) Legally issued general obligations of the United States, the agencies and instrumentalities of the United States and the States of Oregon, Washington, Idaho and California;
(c) Certificates of deposit or other similar instruments if the instruments are insured by the Federal Deposit Insurance Corporation; or
(d) Any combination of cash or instruments described in this subsection.
(2) The department shall hold the deposit under terms and conditions that the department designates by rule. The department may deliver the deposit to the State Treasurer, who shall receive and hold the deposit subject to the order of the department. The depositor shall reimburse the State Treasurer for any expenses incurred by the State Treasurer in mailing, insuring, shipping or delivering the cash or instruments in the deposit.
(3) The department, by order, may authorize the State Treasurer to use the deposit as follows:
(a) To satisfy any execution on a judgment that is against the person making the deposit for an accident described in ORS 558.050 and that results from a cause of action that accrued after the deposit was made; or
(b) To release any or all of the deposit to the depositor or other person as the department considers appropriate.
(4) While deposited with the department, the cash or instruments in the deposit are not subject to attachment or execution unless the attachment or execution arises out of a judgment against the person making the deposit for an accident described in ORS 558.050 and that results from a cause of action that accrued after the deposit was made.
(5) The department shall issue the depositor a certificate evidencing the deposit. [2003 c.175 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.055 - Hearing on application for license.

Upon receipt of an application for a license, the State Department of Agriculture shall fix the time and place for a public hearing on the application. Such hearing shall be held in the county seat of any county in which the proposed operation will be conducted. The department shall notify the applicant of the time and place of hearing in sufficient time for the applicant to comply with the notice requirements of ORS 558.080 to 558.100. [1975 c.420 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.060 - Issuance of license; conditions; licensee’s authority; use of materials other than described in license; renewal; fee.

(1) The State Department of Agriculture shall act within 30 days, but shall only issue the license upon finding that:
(a) The applicant is qualified to undertake the weather modification operation proposed in the application;
(b) The production, management or conservation of water or energy resources or agricultural or forest crops could be benefited by the proposed weather modification operation; and
(c) The proposed weather modification operation would not be injurious to the public health or safety.
(2) Each such license shall entitle the licensee to conduct the operations described in the license for one year from the date the license is issued unless the license is sooner revoked or suspended. The conducting of any weather modification operation or the use of any equipment or materials other than those described in the license shall be cause for revocation or suspension of the license.
(3) The license may be renewed annually by payment of a filing fee in the sum of $50. If the application for renewal proposes any change in the previously licensed operation, or if the department determines that the public health or safety may be adversely affected by continuation of the operation, the department shall conduct a hearing on the application for renewal. The provisions of ORS 558.055 and 558.080 to 558.100 shall apply to such hearing. [1953 c.654 §5; 1975 c.420 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.066 - Governmental entities conducting weather modification at airport; exemption.

The State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof or any person engaged by any of them for the purpose of removing or dispersing fog, or carrying out or performing any other weather modification at an airport owned or operated by the State of Oregon or its agencies, counties, cities, public corporations or political subdivisions thereof, are exempt from the provisions of ORS 558.010 to 558.140 in respect to such operations at such airport only. [1967 c.225 §2 (enacted in lieu of 558.065)]