Oregon Statutes - Chapter 547 - Drainage Districts
- 547.005 Authority to form drainage district.
The persons shown by the records of the county to be the owners of 50 percent of the acreage in any contiguous body of swamp,...
- 547.010 Petition to form district; contents.
For the purpose mentioned in ORS 547.005, the owners may prepare and sign a petition in which shall be stated: (1) The name proposed for...
- 547.015 Verification and filing of petition.
The petition shall be verified by one or more of the petitioners to the effect that they have read the petition and believe the allegations...
- 547.020 Fixing time and place of hearing; notice; jurisdiction over district.
(1) Upon presentation of the petition, the county court shall fix the time and place for hearing the petition. Thereupon the clerk in whose office...
- 547.025 Filing of objections.
On or before the date set for the hearing, any person objecting to the organization and incorporation of the district may appear and file a...
- 547.030 Evidence at hearing; findings; appeal.
(1) At the hearing the court shall hear and consider any evidence that may be presented for or against the petition or any objection thereto....
- 547.035 [Repealed by 1975 c.326 §5]
- 547.040 Application of Act of 1915 and amendments to districts organized under earlier laws.
All drainage districts organized before February 14, 1921, in pursuance of any law relating to drainage districts passed prior to the enactment of chapter 340,...
- 547.045 State lands within district; authority to sign petition or objections; liability of lands; assessments.
(1) Whenever any diking or drainage district is sought to be created and organized or is created and organized in the manner provided by law,...
- 547.050 Signing of petition by Governor.
The signing of the petition by the Governor for the organization of a diking or drainage district on behalf of the state shall be deemed...
- 547.055 Attack on validity or boundaries of district; time for commencement of suit.
No action, suit or proceeding, under ORS 30.570 or otherwise, shall be maintained for the purpose of avoiding, setting aside or otherwise questioning or affecting...
- 547.060 Scope of Drainage District Act.
As used in this chapter, “Drainage District Act” means ORS 547.005 to 547.030, 547.105 to 547.150, 547.205 to 547.240, 547.250 to 547.265, 547.310, 547.315, 547.455...
- 547.105 Election of supervisors; qualifications and terms of office; quorum for transaction of business at owners’ meetings.
Within 30 days after any drainage district has been organized under the provisions of the Drainage District Act, the county clerk of the county in...
- 547.110 Annual meeting; election of supervisors; owners entitled to vote.
In the same month of each year after the election of the first board of supervisors, the board shall call a meeting of the owners...
- 547.112 Change in number of supervisors.
(1) At least six months prior to an annual meeting of a drainage district, the board of supervisors of the drainage district may change the...
- 547.115 Supervisor’s oath of office.
Each supervisor before entering upon official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that the...
- 547.120 Board of supervisors; officers; secretary; seal; record of proceedings; report.
The board of supervisors immediately after its election shall choose one of its number president of the board, and elect some suitable person secretary, who...
- 547.125 Secretary as treasurer; duties; audit of books and report to landowners; compensation.
(1) The secretary of the board of supervisors in any drainage district shall hold the office of treasurer of the district, except as otherwise provided...
- 547.130 Record of meetings, proceedings, certificates, bonds, acts.
The board of supervisors of any district organized under the Drainage District Act shall cause to be kept a well-bound book, entitled “Record of Proceedings...
- 547.135 Removal of employees.
The board of supervisors may at any time remove any officer, attorney or other employee appointed or employed by the board.
- 547.140 Uniform charge to pay expenses of organizing district, surveys, assessing benefits and damages; collection; surplus funds; refunding in case of dissolution.
(1) The board of supervisors of any district organized under the provisions of the Drainage District Act shall, as soon as elected and qualified, impose...
- 547.145 [Repealed by 1969 c.345 §20]
- 547.150 Payment of claims; warrants; nonpayment; interest-bearing warrants; charge or levy of tax to pay.
All claims against the district shall be paid by warrants drawn on the district treasurer and signed by the president and secretary of the board....
- 547.205 Appointment of engineer; duties; surveys; report; maps.
Within 30 days after organizing, the board of supervisors shall appoint a competent civil engineer as chief engineer, who may be an individual, partnership or...
- 547.210 Engineer’s report; adoption by supervisors; report constitutes “Plan for Reclamation”; exclusion of lands not benefited; certain irrigated lands deemed to be benefited.
(1) The chief engineer shall make a report in writing to the board of supervisors whenever the board requires. Upon receipt of the final report...
- 547.215 Commissioners; appointment; qualifications; quorum; continuing existence.
Upon adoption of the plan for reclamation, the county judge shall, by order, appoint three commissioners (who shall not be landowners in the district nor...
- 547.220 Notice of appointment of commissioners; meeting; secretary of board of supervisors to furnish certain information; oath; officers.
The county clerk upon the filing of the order of appointment shall notify each commissioner of appointment by written or printed notice, and in the...
- 547.225 Assessment of benefits and damages by commissioners; report; compensation.
(1) Within 30 days after qualifying, the commissioners shall begin their duties. The chief engineer shall accompany them at all times, and render an opinion...
- 547.230 Notice of report of commissioners; publication; form.
(1) Upon the filing of the report of the commissioners, the county clerk shall give notice thereof by publication once a week for three consecutive...
- 547.235 Exceptions to report or assessment; hearing by court; modifications; transmission of judgment and report to supervisors and county clerks; appeal from judgment.
The drainage district or any owner of land in the district may file exceptions to the report or to any assessment of either benefits or...
- 547.240 Dissolution of district if cost exceeds benefits; obligations and expenses; additional charges.
If after determining the objections made to the commissioners’ report, the court finds that the estimated costs of works and improvements as reported by the...
- 547.245 Reassessment of benefits.
At any time after the expiration of five years from the confirmation of the report of the commissioners, as provided by ORS 547.235, and upon...
- 547.250 Changes in plan for reclamation; petition for amendment of plan; notice.
The board of supervisors shall have power to make any change in the plan for reclamation by action of the board until such time as...
- 547.255 Objections to petition; findings; judgment; recording.
Any owner of land located in the district, or any owner of land located outside of the district that will be affected by the proposed...
- 547.260 Appointment of commissioners when plan amended; subsequent proceedings; court costs.
(1) If the judgment of the court provides that the plan for reclamation may be amended, changed or corrected or the boundary lines of the...
- 547.265 Amendment of plan where works or charge insufficient; additional charge.
Where the works set out in the plan for reclamation of any drainage district are found insufficient to reclaim in whole or in part any...
- 547.305 Entry on land; acquisition of property; water filings and appropriations; condemnation of property devoted to public use; right of way across state lands.
(1) The officers and employees of any drainage district shall have the right to: (a) Enter upon any land in the manner provided by ORS...
- 547.310 Board authority regarding reclamation works; contracts; engineer’s duties.
(1) The board of supervisors shall have full power and authority to: (a) Build, construct and complete any works and improvements needed to carry out...
- 547.315 Connecting existing improvements; procedure; connection with improvements outside district.
(1) At the time of the construction in any district of the plan for reclamation, all ditches or systems of drainage already constructed in the...
- 547.320 Powers of districts regarding irrigation works; bonds.
Whenever it appears necessary, proper or beneficial to irrigate any of the lands within any drainage district, whether or not the drainage works have been...
- 547.325 Powers of districts under 1,000 acres regarding domestic water supply.
(1) Any drainage district embracing less than 1,000 acres may: (a) Within and adjacent to the district, own, construct, install, contract to use and to...
- 547.355 Contracts with United States for reclamation by drainage or irrigation authorized.
The board of supervisors of any drainage district, whenever it is determined by the board that it is for the best interests of the district,...
- 547.360 Payment of amounts due; assessments on lands; lien thereof; collection.
The board of supervisors of any drainage district shall provide by a resolution, adopted at a regular meeting or at a special meeting called for...
- 547.405 Districts west of Cascades; control of supervisors over improvements.
The boards of supervisors of all drainage districts lying west of the Cascade Mountains, whether or not organized under the Drainage District Act, shall have...
- 547.410 Maintaining improvements; notice to owner or occupant of premises.
(1) Whenever the engineer or secretary of such a drainage district notifies the supervisors that any ditch, lateral, drain, canal, slough, waterway or conduit is...
- 547.415 Failure of owner or occupant to act; maintenance by supervisors.
If the owner or occupant of the premises upon which the clogged or obstructed ditch, lateral, drain, canal, slough, waterway or conduit is situated fails...
- 547.420 Liability for cost of work; notice of claim of lien; foreclosure; sale of land.
(1) Upon completion of the work the board of supervisors shall bill the owner or occupant of the premises for the expense necessarily incurred in...
- 547.425 Prohibited practices.
No person shall: (1) Throw, dump or place or allow to be thrown, dumped or placed, any rubbish, refuse or any article or thing in...
- 547.430 Civil liability for expense of removal of filth or obstruction; recovery by action.
Any person who throws, dumps or places or allows to be thrown, dumped or placed, any rubbish, refuse, or any article or thing in any...
- 547.455 Annual charge or assessment; computation; apportionment; liability of state lands; payment of assessments by bonds, coupons or warrants.
(1) The board of supervisors shall each year make a computation of the whole amount of money to be raised by the district through charges...
- 547.460 County, city and town lands subject to taxation, assessment or charges.
Any land situated within a drainage district, the title to which is vested in any county, city or town, shall be subject to taxation, assessment...
- 547.465 Assessment or charge of low lands used for growing crops.
Whenever lands located in a drainage district which, because of their low elevation, were not assessed benefits in accordance with ORS 547.225, are used for...
- 547.470 Extra assessment or charge for lake drainage.
When, in the judgment of the board of supervisors of any drainage district, it is deemed necessary or expedient to drain any lake, which entails...
- 547.475 List of assessments and apportionments.
The board of supervisors shall prepare a list or record of assessments and apportionments, giving the description of the ownership or holdings of each person...
- 547.480 Collection of tax; disposition.
The collection of the tax shall be coincident with collection of the state and county tax, and shall be governed by the laws relating thereto,...
- 547.482 Filing boundary change with county assessor and Department of Revenue.
For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue...
- 547.485 Governing body of county to make assessment and levy upon failure of supervisors to do so.
In case of neglect or refusal of the board of supervisors to cause such assessment and levy to be made, the assessment and levy shall...
- 547.490 Waiver of penalty or interest by certain districts.
All drainage districts containing not more than 2,000 acres, organized under the provisions of the Drainage District Act, may waive payment of penalty or interest,...
- 547.492 Alternative charge or assessment method.
(1) The board of supervisors of a drainage district may provide by resolution for the imposition, billing and collection of charges or assessments of the...
- 547.495 Crops bound by lien; exceptions.
All drainage districts organized pursuant to the provisions of the Drainage District Act shall have a lien on all crops grown on lands within such...
- 547.500 Notice or claim of crop lien; filing; contents.
The board of supervisors of every drainage district which may elect to claim the benefits of ORS 547.495 to 547.515 shall file with the county...
- 547.505 Recording of crop lien claim by clerk; indexing.
The county clerk shall record the claim in a book kept for that purpose. The record shall be indexed as the record of chattel mortgages...
- 547.510 Form of crop lien claim; foreclosure.
(1) A claim for lien substantially in the following form shall be sufficient: ______________________________________________________________________________ NOTICE OF LIEN UPON CROPS Notice is given that _____, a...
- 547.515 Removal of crops to another county; recording of notice in latter county; rights of purchasers and mortgagees.
When such crops are removed from the county in which the notice of lien is recorded, the lien shall be suspended as to subsequent purchasers...
- 547.520 [Repealed by 1989 c.182 §49]
- 547.555 Bonds; issuance; interest; place of payment; maturities.
(1) The board of supervisors may, if in its judgment it seems best, and subject to the approval of the electors of the district, issue...
- 547.560 Sale of bonds; procedure.
The board of supervisors may sell, from time to time, the bonds which have been authorized, in such quantities as may be necessary and most...
- 547.565 Payment of bonds from assessments.
The bonds and the interest thereon and all obligations for the payment of money authorized and incurred by such district shall be general obligations of...
- 547.570 Bond proceeds; depository.
(1) The treasurer shall account for and pay over as required by law and as ordered by the board, any money received by the treasurer...
- 547.575 Bond fund account; general fund.
The treasurer shall keep a bond fund account into which shall be covered all moneys arising from the sale of refunding bonds and sufficient money...
- 547.580 Retirement of bonds before maturity; call provisions.
(1) After five years from the issuance of bonds, the board may direct the district treasurer to redeem so much of the bonds not yet...
- 547.605 Funding and refunding of debt; bonds; place of payment.
The board of trustees of any drainage or levee district having an outstanding indebtedness of not less than $3 per acre for each acre of...
- 547.610 Sale or exchange of bonds; application of proceeds; cancellation of retired obligations; record of transactions.
(1) The board of trustees shall sell or exchange the bonds so issued, on the best available terms, for any legal indebtedness of the district....
- 547.615 Tax for payment of interest and principal; sinking fund.
The board of trustees shall cause to be assessed and levied each year upon the assessable property of the district, in addition to the levy...
- 547.620 Retirement of outstanding bonds; notice to bondholders to submit propositions; premium; calling of bonds.
(1) Whenever there is in the sinking fund a surplus of $500 or more, over and above the interest maturing before the next levy, the...
- 547.655 Authority to adopt alternative procedure.
Any drainage district desiring to refund its outstanding indebtedness or issue bonds for any purposes may, in lieu of the procedure otherwise provided by law,...
- 547.660 Exchange of refunding bonds for outstanding indebtedness.
The board of supervisors of any drainage district desiring to issue refunding bonds to replace or in satisfaction or discharge of any outstanding indebtedness may...
- 547.665 Numbering; maturities; negotiability; interest; place of payment; denominations; execution; registration; authority to retire bonds.
(1) The bonds shall be numbered consecutively, beginning with number 1 and following in numerical order. They shall mature in the manner provided by ORS...
- 547.670 Offer by holders of indebtedness to surrender evidences thereof or accept proportional payment; sale of bonds; notice; publication.
(1) Before authorizing the issuance of such bonds, the board of supervisors shall require that the known holders, or their representatives, of all evidences of...
- 547.675 Lien on land assessed for bond payment.
(1) Upon delivery of the bonds, the secretary of the district shall furnish to the county clerk of each county in which lands of the...
- 547.680 Emergency fund; assessments for; use of.
(1) In addition to the annual payments for retirement of the bonds, the board of supervisors shall, during the first five years after the issuance...
- 547.685 Retirement of bonds before maturity; notice of call; date of payment; cessation of interest.
Notice of the call of bonds before maturity shall be given in the manner provided for retirement of irrigation district bonds before maturity. No bond...
- 547.690 Judicial confirmation.
Bonds authorized and issued under ORS 547.655 to 547.685 may be confirmed by a court of competent jurisdiction in the manner provided by ORS 548.105...
- 547.695 Sale of lands for delinquent charges; district as purchaser; resale; payment of proceeds into emergency fund; district to bid at tax sale.
The district shall appear as a bidder at the sale of any lands for delinquent annual charges or assessments made under ORS 547.655 to 547.690...
- 547.697 Bond fund separate from district general fund; deposits to bond fund and district general fund; expenditures from bond fund and district general fund.
(1) The district treasurer shall deposit all money arising from the sale of refunding bonds, and sufficient money arising from assessment and levy to meet...
- 547.755 Part of district annexed to city to be withdrawn from district only by consent of voters.
No part of a drainage district annexed to a city shall be withdrawn from the district, except upon the consent of the voters of that...
- 547.760 [Amended by 1955 c.359 §1; repealed by 1973 c.415 §14]
- 547.990 Penalties.
Violation of ORS 547.425 is punishable, upon conviction, by a fine of not less than $25 nor more than $500, or by imprisonment in the...
Last modified: August 7, 2008