ORS Chapter 552
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]