ORS Chapter 548

Chapter 548 — ProvisionsApplicable Both to Drainage Districts and to Irrigation Districts

 

2009 EDITION

 

 

DRAINAGEAND IRRIGATION DISTRICTS

 

WATERLAWS

 

ORGANIZATION;SALE OF LANDS; TRANSFER OF FUNDS

 

548.005     Organizationof irrigation, drainage or flood control district by owners of lands subject toassessment by district improvement company or improvement district; assumptionof obligations

 

548.010     Saleor disposal of lands

 

548.015     Boardof directors to transfer unnecessary funds

 

INSURANCEFOR EMPLOYEES

 

548.050     Insurancefor district employees

 

DETERMININGLEGALITY OF ORGANIZATION AND PROCEEDINGS

 

548.105     Authorityof boards to maintain proceedings for judicial determination as to organizationof district and other matters; scope of inquiry

 

548.110     Natureof proceedings; notice; contest; judgment; appeal; nonprejudicial errors; costs

 

548.115     Elector’sright to maintain proceedings; procedure; exclusiveness of remedy

 

548.120     Validationof judgments entered in proceedings by directors

 

GOVERNMENTLOANS TO IRRIGATION AND DRAINAGE DISTRICTS

 

548.300     Contractsfor state loans; purposes for which authorized; amount of loan

 

548.305     Contractsfor federal loans; purposes for which authorized; amount of loan

 

548.310     Validationof prior contracts and bonds

 

548.315     Issuanceof bonds; funds for payment; charges or assessments; release of land from lien;relief from payment of assessments

 

548.320     Lienon lands; lien docket; priority; sale of land for taxes not to extinguish lien

 

548.325     Chargesor assessments; emergency fund

 

548.330     Bondsfor refunding indebtedness; validity not affected by irregularities of refundedobligations

 

548.335     Consentof holders of outstanding indebtedness; initiation of proceedings to obtainconstructive consent; petition

 

548.340     Contentsof petition

 

548.345     Notice;failure of holder to object constitutes consent

 

548.350     Hearing;judgment; county treasurer as trustee

 

548.355     Natureof proceedings; appeal; nonprejudicial errors; costs

 

548.360     Moneysand securities; custody

 

548.365     Depositaryfor bonds, warrants; authority of State Treasurer

 

548.370     Cancellationor compromise of assessments by districts refunding indebtedness throughfederal agencies

 

SECURITIESAND MONEYS DEPOSITED WITH COUNTY TREASURER

 

548.400     Depositof bonds, warrants and other evidence of indebtedness of irrigation anddrainage districts being reorganized

 

548.405     Lossof certificates or receipts issued by county treasurer for securities;surrender of securities by county treasurer

 

548.410     Surrenderof securities to claimant to whom certificate or receipt has not been issued orassigned

 

548.415     Suretybond; amount; conditions

 

RELEVYOF ERRONEOUS OR VOID ASSESSMENTS

 

548.505     Relevyand reassessment; manner and time

 

548.510     Judgmentdeclaring assessments void; reassessment and relevy of similar assessments;time; crediting payments under void assessment

 

548.515     Mannerof relevy and reassessment; officers authorized

 

548.520     Cancellationor compromise

 

COMPOSITION;BANKRUPTCY; REFUNDING AGREEMENTS

 

548.705     Irrigationor drainage district may file bankruptcy petition; confirmation of proceedings;composition of debts

 

548.710     Bondsof district; use and delivery to creditors

 

548.715     Debtrefunding agreements; obtaining consent of unknown or nonconsenting creditors

 

REORGANIZATIONAND DISSOLUTION

 

548.900     Definitionsfor ORS 548.900 to 548.955

 

548.905     Petitionfor dissolution or reorganization; contents; effect of dissolution orreorganization on creditors

 

548.910     Mannerof signing petition; form of petition; withdrawal of signature after filing ofpetition prohibited

 

548.915     Determiningqualified petition signatures; certificate of county clerk and districtsecretary

 

548.920     Noticeof petition filing; contents; election petition; signature requirements

 

548.925     Specialelection; notice; ballot form

 

548.930     Voteresult requirements; filing petition with circuit court if vote favorsreorganization or dissolution or if no election petition is filed

 

548.935     Circuitcourt proceeding on petition; contents of court order

 

548.940     Jurisdictionof parties; service of summons and petition

 

548.945     Writtenassent of Secretary of Interior required before judgment if district hasfederal contract

 

548.950     Appearanceof interested parties; costs and disbursements

 

548.955     Contentsof judgment; filing with county treasurer and assessor, Secretary of State andWater Resources Commission

 

ORGANIZATION;SALE OF LANDS; TRANSFER OF FUNDS

 

      548.005Organization of irrigation, drainage or flood control district by owners oflands subject to assessment by district improvement company or improvementdistrict; assumption of obligations. Where any lands are subject toassessment by a corporation under the provisions of ORS 554.005 to 554.340, orby a corporation organized before March 4, 1937, under the provisions ofchapter 172, Oregon Laws 1911, and Acts amendatory thereof, the owners of thelands or any part thereof and the owners of any additional lands adjacentthereto may proceed to organize irrigation districts or drainage districts orflood control districts under the laws of Oregon. Any of such districts whenorganized may assume any of the valid outstanding liens or obligations of thedistrict improvement company or improvement district and refund the same andissue district bonds therefor.

 

      548.010Sale or disposal of lands. Whenever any drainage or irrigation district hasacquired any lands, by gift, purchase, eminent domain or otherwise, for theuses and purposes of the district, and thereafter by reason of a change of its plansor for any other reason determines that all or any part thereof is no longernecessary for the uses or purposes for which it was acquired, the district maysell or dispose of the lands or any part thereof, either at private or publicsale. The officers of the district otherwise authorized to execute conveyanceshave authority to make such conveyance.

 

      548.015Board of directors to transfer unnecessary funds. When thenecessity for maintaining any fund of an irrigation or drainage district hasceased to exist and a balance remains in the fund, the governing board of thedistrict shall so declare by proper resolution. The balance shall thenforthwith be transferred to the credit of either the operation and maintenancefund or the general fund of the district, as designated in the resolution.

 

INSURANCEFOR EMPLOYEES

 

      548.050Insurance for district employees. (1) The board of directors of anirrigation district or the board of supervisors of a drainage district mayenter into contracts of insurance covering district officers and employees formedical, or any other type of remedial care recognized under state law,surgical, hospital and related services and supplies, life insurance, annuitiesand other retirement benefits and monthly indemnity for loss of time due toaccident or sickness. Contributions for premiums therefor by officers oremployees shall only be on a voluntary basis. Failure to procure such insuranceshall not be construed as negligence or lack of diligence on the part of theboard or the members thereof.

      (2)The district may agree to pay none, part or all of the premiums on contracts ofinsurance entered into pursuant to this section.

      (3)This section is part of the Irrigation District Law, insofar as it applies toirrigation districts, and part of the Drainage District Act, as defined in ORS547.060, insofar as it applies to drainage districts.

      (4)As used in this section the words “related services” shall include the servicesof a person duly licensed to practice chiropractic in the State of Oregon. [1959c.435 §1; 1967 c.281 §1; 1995 c.42 §181]

 

DETERMININGLEGALITY OF ORGANIZATION AND PROCEEDINGS

 

      548.105Authority of boards to maintain proceedings for judicial determination as toorganization of district and other matters; scope of inquiry. (1) The boardof directors of an irrigation district organized under ORS chapter 545, or theboard of supervisors of a drainage district organized under the DrainageDistrict Act, as defined in ORS 547.060, may by petition commence specialproceedings in the circuit court of the county in which the office of thedistrict is located for the purpose of having a judicial examination andjudgment of the court as to the regularity and legality of:

      (a)The proceedings in connection with the organization of the district.

      (b)The proceedings of the board and of the district, providing for and authorizingthe issue and sale of bonds of the district, whether bonds have or have notbeen sold or disposed of.

      (c)Any action or proceeding of the county court declaring the organization of thedistrict, or declaring the result of any election therein.

      (d)An order of the governing board of the district including or excluding anylands in or from the district, or declaring the result of any election, generalor special.

      (e)An order of such board levying any assessment, general or special.

      (f)An order of such board ordering the issue of any bonds for any purpose, ordetermining any bond issue, or providing for the same.

      (g)The authorization of contract with the United States, and the validity of thecontract, whether or not it has been executed, and whether or not bonds are tobe deposited with the United States.

      (2)All the proceedings of an irrigation district or drainage district may bejudicially examined and determined by the court in one special proceeding, orany part thereof may be separately examined and determined upon by the court. [Amendedby 1995 c.42 §182; 1999 c.452 §27]

 

      548.110Nature of proceedings; notice; contest; judgment; appeal; nonprejudicialerrors; costs.(1) The proceedings under ORS 548.105 shall be in the nature of a proceeding inrem. The practice and procedure therein shall follow the practice and procedureof an action not triable by right to a jury, so far as they are consistent withthe determination sought to be obtained, except as otherwise provided in ORS548.105 to 548.115. The jurisdiction of the irrigation district or drainagedistrict and of all the freeholders, assessment payers and legal voters thereinshall be obtained by publication of notice directed to the district, and to “allfreeholders, legal voters and assessment payers within the district,” withoutnaming them individually. The notice shall be served on all parties in interestby publication for at least once a week for three successive weeks in somenewspaper of general circulation published in the county where the proceedingis pending. Jurisdiction shall be complete within 10 days after fullpublication.

      (2)Any person interested may at any time before the expiration of the 10 daysappear and contest the validity of the proceeding, or of any of the acts orthings therein enumerated. The proceedings shall be speedily tried and judgmentrendered declaring the matter so contested to be either valid or invalid. Anyorder or judgment in the course of the proceeding may be made and rendered bythe judge of the court in vacation. For the purpose of any such order orjudgment, the court shall be deemed at all times to be in session, and the actof the judge in making such order or judgment shall be the act of the court.

      (3)Any party may appeal to the Court of Appeals at any time within 30 days afterrendition of the judgment. The appeal must be heard and determined within threemonths from the time of taking the appeal.

      (4)The court, in inquiring into the regularity, legality or correctness of any ofthe proceedings, must disregard any error, irregularity or omission which doesnot affect the substantial rights of the parties to the court proceedings, andmay approve the proceedings in part and disapprove and declare invalid other orsubsequent proceedings in part. The costs of the court proceedings may beallowed and apportioned between the parties in the discretion of the court. [Amendedby 1979 c.284 §169; 2003 c.576 §257]

 

      548.115Elector’s right to maintain proceedings; procedure; exclusiveness of remedy. (1) Anyqualified elector of an irrigation district or drainage district, within 30days after the entry of any order or the performance of any act mentioned inORS 548.105, for which a contest is by that section provided, may bring a likeproceeding in the circuit court of the county where the lands embraced withinsuch district, or the majority thereof, are situated, to determine the validityof such order or act. In such proceedings the board of directors 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 548.110.Service shall be deemed complete within 10 days from the date of personalservice, or within 10 days from the date of completion of publication, as thecase may be.

      (3)The proceedings shall be tried and determined in the same manner as proceedingsbrought by the irrigation district or drainage district itself.

      (4)No contest of any proceeding, matter or thing provided by ORS 548.105 to be hador done by the board of directors or supervisors or by the district, or by thecounty court, or by any qualified elector of the district, shall be had ormaintained at any time or in any matter except as provided in ORS 548.105 to548.115. [Amended by 1999 c.452 §28]

 

      548.120Validation of judgments entered in proceedings by directors. In all caseswhere the board of directors of any irrigation district or the board ofsupervisors of any drainage district has instituted proceedings for the purposeof having an adjudication of the court as to the regularity and legality of theproceedings in connection with any of the matters specified in ORS 548.105, andwhere notice has been published directed to the parties specified by ORS548.110, for the length of time specified by that section, and the full timeprovided by that section has elapsed after publication before any judgment hasbeen entered therein, all such judgments so rendered by the courts hereby arevalidated and declared to be effective and sufficient for all purposes,notwithstanding any other defects in the proceedings and notice upon which suchjudgments are based. [Amended by 2003 c.576 §514]

 

      548.205 [Repealed by1989 c.182 §49]

 

      548.210 [Repealed by1989 c.182 §49]

 

      548.215 [Repealed by1989 c.182 §49]

 

      548.220 [Repealed by1989 c.182 §49]

 

      548.225 [Repealed by1989 c.182 §49]

 

      548.230 [Amended by1967 c.359 §695; repealed by 1989 c.182 §49]

 

      548.235 [Repealed by1989 c.182 §49]

 

GOVERNMENTLOANS TO IRRIGATION AND DRAINAGE DISTRICTS

 

      548.300Contracts for state loans; purposes for which authorized; amount of loan. (1) The boardof supervisors of any drainage district or the board of directors of anyirrigation district may, whenever it is determined by such board that it is forthe best interests of the district, enter into a contract with any governmentalagency of the State of Oregon for a loan:

      (a)For the refunding of any or all of its outstanding indebtedness;

      (b)For the refunding of any state, county and municipal ad valorem taxes orspecial assessments levied by such district; and

      (c)For the financing of any improvement or supplemental works which may be neededto reclaim lands in the district or for maintenance or operation, and for thepayment or repayment thereof, upon such terms or conditions as may be agreedupon in the contract.

      (2)In no case shall the total of any loan made by any governmental agency exceedin the aggregate the total amount of the outstanding indebtedness of suchdistrict so refunded, but this limitation shall not apply to any loan or anypart of any loan which may be made by such governmental agency for any purposeherein provided other than refunding such outstanding indebtedness. [1983 c.557§11]

 

      548.305Contracts for federal loans; purposes for which authorized; amount of loan. (1) The boardof supervisors of any drainage district or the board of directors of anyirrigation d