ORS Chapter 552 - Oregon Statutes

Chapter 552 — WaterImprovement Districts

 

2009 EDITION

 

 

WATERIMPROVEMENT DISTRICTS

 

WATERLAWS

 

GENERALPROVISIONS

 

552.013     Definitions

 

ORGANIZATIONOF DISTRICT

 

552.108     Creationof water improvement district; purposes; limitation

 

552.113     Waterrights protected; minimum acreage requirement; withdrawal procedure for city orother special districts

 

552.118     Petitioncontents

 

552.133     Electionon formation

 

552.138     Statusof final order; time for protest

 

552.143     Proceedingsto test validity of order or act of district board

 

BOARDOF DIRECTORS

 

552.208     Electionof first board of directors; number; qualifications; terms; change of number ofdirectors

 

552.218     Organizationalmeeting; oath; officers; meetings

 

552.223     Dutiesof district board

 

POWERSOF DISTRICT

 

552.305     Powersof districts generally

 

552.310     Condemnation

 

552.315     Rightto enter and survey land

 

552.320     Operationof water works and sale of water; conditions

 

552.325     Watercharges; use of revenues; collection and enforcement

 

552.330     Wateruser regulations; enforcement; notice

 

552.345     Userregulations; fees for use of facilities

 

552.350     Cooperationwith the United States; water quality supervision subject to state authority

 

552.403     Watershedimprovement plans; cooperation with Water Resources Commission

 

552.408     Districtprojects; engineering plans

 

552.413     Engineeringplans prepared by other agencies

 

552.418     Noticeof engineering plan; hearing; objections of landowners; approval or disapprovalof plan

 

552.423     Advertisingfor bids on construction contract

 

552.428     Lettingconstruction contract; contractor’s bond or letter of credit

 

552.433     Chiefengineer of district to superintend work

 

552.438     Constructionon public land or right of way, or along watercourse

 

DISTRICTFINANCES

 

552.603     Financingconstruction, operation or maintenance of district works

 

552.608     Assessmentof cost of works against benefited land; hearing on proposed assessment

 

552.613     Improvementbonds

 

552.618     Effectof irrigation contract

 

552.623     Advalorem tax levy, collection, enforcement

 

552.624     Filingboundary change with county assessor and Department of Revenue

 

552.625     Maximumrate of tax levy; procedure to change rate

 

552.630     Serviceand user charges

 

552.635     Levyto establish revolving fund; use of fund

 

552.645     Generalobligation bonds

 

552.655     Refundingbonds

 

552.660     Processfor issuance of bonds

 

552.670     Loancontracts with state or federal agencies

 

MISCELLANEOUS

 

552.710     Subdistrictprocedure; authority

 

552.720     Dissolutionof irrigation, drainage or water control district and transfer of assets andliabilities to water improvement district

 

552.740     Noticerequirements

 

552.750     Electionlaws applicable

 

BOUNDARYCHANGES

 

552.810     Procedurefor inclusion or exclusion of land in district

 

552.830     Dateof election on dissolution of district

 

PENALTIES

 

552.992     Penalties

 

GENERALPROVISIONS

 

      552.005 [Repealed by1955 c.707 §75]

 

      552.010 [Repealed by1955 c.707 §75]

 

      552.013Definitions.As used in this chapter, except when the context requires otherwise:

      (1)“County board” means the county court or the board of county commissioners of acounty.

      (2)“District” means a water improvement district proposed or created under thischapter.

      (3)“District board” means the board of directors of a district.

      (4)“Engineering plan” means the plans and specifications for the works to beconstructed including:

      (a)Maps, profiles, plans and other data necessary to show the location andcharacter of the work, and the property benefited, taken or damaged;

      (b)All rights of way or other property which may be required for the constructionof the works; and

      (c)Estimates of the cost of the works and of the benefits and damages which willaccrue to each tract of land upon the construction of the works.

      (5)“Filed for record” means to file a document for recording with the county clerkof each county in which the lands within a district are located.

      (6)“Land” or “tract of land” means real property, together with improvementsthereon, within a district.

      (7)“Landowner,” “owner,” “owner of land” and “owner in fee” are synonymous andmean a person owning a tract of land situated within a district. The vendeenamed in a bona fide contract of sale of a tract of land situated within adistrict shall be considered a landowner to the exclusion of the vendor. Whentwo or more persons own a tract of land as tenants in common or by theentirety, each person shall be regarded as a landowner.

      (8)“Real market value” means real market value computed in accordance with ORS308.207.

      (9)“Works” means dams, storage reservoirs, canals, ditches, dikes, levees,revetments, and all other structures, facilities, improvements and propertynecessary or convenient for draining land, controlling flood or surface waters,or supplying water for irrigation, domestic supply or other purposes. [1969c.606 §2; 1983 c.83 §100; 1991 c.459 §428]

 

      552.015 [Amended by1955 c.707 §71; renumbered 552.025]

 

      552.020 [Repealed by1969 c.168 §1]

 

      552.025 [Formerly552.015; repealed by 1969 c.168 §1]

 

      552.105 [Repealed by1969 c.168 §1]

 

ORGANIZATIONOF DISTRICT

 

      552.108Creation of water improvement district; purposes; limitation. (1) A waterimprovement district may be created as provided by this chapter for the purposeof acquiring, purchasing, constructing, improving, operating and maintainingdrainage, irrigation, and flood and surface water control works in order toprevent damage and destruction of life and property by floods, to improve theagricultural and other uses of lands and waters, to improve the public health,welfare and safety, to provide domestic or municipal and industrial watersupply, to provide water-related recreation and for the purpose of enhancingwater pollution control, water quality, and fish and wildlife resources.

      (2)Nothing in this chapter grants to a district the power to generate, distribute,transmit or sell electricity or to sell water or falling water to any person togenerate electricity. [1969 c.606 §3; 1987 c.185 §2]

 

      552.110 [Amended by1955 c.707 §72; repealed by 1969 c.168 §1]

 

      552.113Water rights protected; minimum acreage requirement; withdrawal procedure forcity or other special districts. (1) This chapter shall not be construedto affect, amend or repeal any other law of Oregon or to affect or impair thevested rights of any person or public body as defined in ORS 174.109 to the useof water or rights in the use of water.

      (2)A water improvement district formed under this chapter shall include not lessthan 1,000 acres of land. Lands located within the boundaries of a city,domestic water supply corporation, irrigation district, drainage district orother similar special district providing water for use or water control may beincluded within the boundaries of a water improvement district without theconsent of the city or other district.

      (3)(a)If any part of a city or other special district is included within theboundaries described in a petition for creation of a district or for annexationof territory to a district, within three days after the petition is filed, thepetitioners shall notify the city or other district of the filing of thepetition.

      (b)The city or other district may withdraw the territory within its boundariesfrom the proposed water improvement district or annexation by describing thearea within the city or other district in a resolution and filing theresolution with the county board within 90 days after the filing of thepetition. If a withdrawal is so filed, the area within the city or otherdistrict shall not be included within the proposal. [1969 c.606 §16; 2003 c.802§135]

 

      552.115 [Repealed by1969 c.168 §1]

 

      552.118Petition contents.In addition to other matters the petition for formation of a district shallinclude:

      (1)An estimate of the acreage of land within the district and an estimate of theacreage within each county if the district is located in more than one county;and

      (2)The maximum rate of any ad valorem tax, if any, that may be levied by thedistrict as permitted by ORS 552.625. [1969 c.606 §4; 1971 c.727 §164; 1991c.459 §428a]

 

      552.120 [Amended by1955 c.707 §73; repealed by 1969 c.168 §1]

 

      552.123 [1969 c.606 §5;repealed by 1971 c.727 §203]

 

      552.125 [Repealed by1969 c.168 §1]

 

      552.128 [1969 c.606 §6;repealed by 1971 c.727 §203]

 

      552.130 [Repealed by1955 c.707 §75]

 

      552.133Election on formation. If an election is called on the question offormation, it shall be held on a date specified in ORS 255.345. An ordercreating a district shall include the maximum rate of any ad valorem tax levyfor the district. [1969 c.606 §7; 1971 c.727 §165; 1983 c.350 §299]

 

      552.135 [Repealed by1969 c.168 §1]

 

      552.138Status of final order; time for protest. (1) No final order creating a districtshall be set aside, or annulled upon appeal or review, on account of any defector irregularity in the petition asking for organization of the district, ornotice of hearings thereon, which does not materially affect the substantialrights of an interested party.

      (2)No proceeding may be maintained contesting the validity of the creation of adistrict unless instituted within 90 days after the entry of the final order ofthe county board. [1969 c.606 §8]

 

      552.140 [Repealed by1969 c.168 §1]

 

      552.143Proceedings to test validity of order or act of district board. (1) In additionto the proceeding a district is authorized to bring under ORS 33.710 and33.720, any landowner or elector of a district may bring a like proceeding inthe circuit court of the county where the lands within the district, or thegreater portion thereof, are situated, to determine the validity of any orderor the performance of any act mentioned in ORS 33.710, for which a contest isby that section provided. In such a proceeding the district board shall be madeparties defendant.

      (2)Service of summons shall be made on the members of the board personally ifwithin the county where the district, or any part thereof, is situated. As toany directors not within the county, service may be had by publication ofsummons for a like time, and in like manner, as is provided by ORS 33.720.Jurisdiction shall be complete within 10 days after the date of completingpublication of notice.

      (3)The proceeding shall be tried and determined in the same manner as proceedingsbrought by the district. [1969 c.606 §9]

 

      552.145 [Repealed by1969 c.168 §1]

 

      552.150 [Repealed by1969 c.168 §1]

 

      552.155 [Repealed by1969 c.168 §1]

 

      552.160 [Repealed by1969 c.168 §1]

 

      552.165 [Repealed by1969 c.168 §1]

 

      552.170 [Repealed by1969 c.168 §1]