ORS Chapter 553

Chapter 553 — WaterControl Districts

2009 EDITION

WATERCONTROL DISTRICTS

WATERLAWS

GENERALPROVISIONS

553.010 Definitions

ORGANIZATIONAND POWERS OF DISTRICT

553.020 Creationof water control districts; purposes; limits

553.035 Applicationof election laws

553.070 Boundarychange; consent

553.090 Natureand powers of district

553.095 Entryupon land; notice

553.105 Districtscoterminous with 1969 districts; abolishment of existing districts

553.107 Effectof creation of districts under ORS 553.105

553.110 Vestedwater rights; inclusion of land in district or assessment; consent

GOVERNINGBODY

553.210 Electionof directors; qualifications; terms; vacancies; change in number of directors

553.220 Organizationmeeting; officers; duties; meetings

553.230 Powersand duties of board

553.240 Countycourt as governing body

553.250 Authorityto acquire and dispose of water works; sale of water

553.270 Procedureon condemnation; property subject to and exempted from condemnation

553.280 Undertakingprior to entry as part of condemnation proceedings

553.290 Possessionof land after commencement of proceedings

CONSTRUCTIONOF WORKS IN SUBDISTRICTS; DETERMINATION OF BENEFITS

553.310 Creationof subdistrict; change in subdistrict boundaries; procedure

553.320 Engineeringplan; notice of completion; inspection; hearing; changes in plan; approval;rejection upon objections of landowners

553.330 Assessmentfor cost of works

553.340 Determinationof benefits; board of appraisers; exception

553.350 Assessmentof benefits and damages by appraisers; benefits less than costs; recommendationto amend engineering plan; final report and certificate

553.360 Hearingon report of appraisers; exceptions; entry of order; appeal

553.370 Reappraisalafter construction of works; when authorized

553.380 Reductionof benefits

ASSESSMENTS;CLAIMS; EQUALIZATION

553.510 Specialassessments

553.520 Apportioningassessments; adjustment of benefits

553.530 Dispositionof funds received

553.535 Collectionof charges and assessments by resolution of board

553.540 Assessmentsto be levied by order of board; filing copy thereof; notice; lien; time forpayment; interest

553.550 Loans;assignment of assessments as security for

553.560 Foreclosureof assessment; procedure; district may bid and purchase; deed; right ofredemption

553.570 Withdrawalof land from foreclosure sale; payment of lien, taxes and proportion of costs

553.580 Paymentof state and county taxes by district

553.585 Claims;presentation; payment

BONDS

553.610 Assessmentsor taxes upon bond issue

553.615 Assessmentsby order of board

553.620 Advalorem tax in lieu of assessment

553.623 Filingboundary change with county assessor and Department of Revenue

553.625 Levyand collection of tax authorized by ORS 553.620

553.630 Termsand conditions of bonds; bond register

553.635 Contractprovisions for payment of government construction charges

553.640 Saleof bonds; cancellation

553.643 Bondgiven for federal loan; form; terms

553.645 Paymentfrom annual taxes and assessments of bond-related amounts due government

553.650 Propertyliable for indebtedness of district

553.655 Bondelections in subdistricts

553.660 Taxor assessment as lien on property

553.665 BondFund; Bond and United States Contract Fund; Construction Fund; General Fund

553.670 Processfor issuance of bonds

CONTRACTSWITH OTHER GOVERNMENTAL UNITS FOR CONSTRUCTION OF WORKS

553.710 Intergovernmentalagreements; levy of tax to meet obligations

553.720 Mannerof collecting tax; budget; equalizing levy

553.730 Limitationon tax levy

553.740 Issuanceof warrants

553.750 Loancontracts with state or federal agencies; obligation of district; recordingcertificates

553.760 Whenland benefited by irrigation project

APPEALS

553.815 Judicialreview of tax or assessment

DISSOLUTION

553.850 Dissolutionupon majority vote

GENERALPROVISIONS

553.010Definitions.As used in this chapter, except where the context clearly indicates a differentmeaning:

(1)“Board” means the board of directors of a water control district created underthe provisions of this chapter.

(2)“District” means a water control district created under this chapter.

(3)“Court” means the county court having jurisdiction over a water controldistrict and includes the board of county commissioners.

(4)“Land” or “tract of land” means real property, together with improvementsthereon, whether publicly or privately owned, within a district.

(5)“Landowner,” “owner,” “owner of land” and “owner in fee” are synonymous andmean a person, public body as defined in ORS 174.109, or the federal governmentor any agency thereof, owning a tract of land situated within a district, orwithin the boundaries of a proposed district. The vendee named in a bona fidecontract of sale of a tract of land situated within a district shall beconsidered as a landowner to the exclusion of the vendor. Whenever two or morepersons own a tract of land as tenants in common or by entirety, each suchperson shall be regarded as a landowner. The guardian, administrator orexecutor authorized to act as such of a person or estate owning land within adistrict shall be considered a landowner.

(6)“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 lands with water for irrigation, domestic or other purposes.

(7)“Notice by publication” means the giving of notice by publication in anewspaper defined as a legal publication under the laws of Oregon in eachcounty in which lands within a district are located. A notice of a hearing tobe held before the board of a district or the court shall be published onceeach week for four consecutive weeks making four publications and the lastpublication of such notice shall be at least 10 days before the date set forthe hearing. All other notices required to be published under the provisions ofthis chapter shall be published once each week for two consecutive weeks makingtwo publications, and the last publication shall be at least five days beforethe date of the event for which the notice is given. This subsection does notapply to provision of notice for an election.

(8)“Engineering plan” means the plans and specifications for the works to beconstructed or purchased within any subdistrict, including such maps, profiles,plans and other data as may be necessary to set forth the location, characterof the work, the property benefited, taken or damaged, showing any and allrights of way or other property which may be required for the construction ofany works, together with the estimates of the cost of the works and an estimateof the benefits and damages which will accrue to each tract of land within asubdistrict upon the construction or purchase of the works. A project work planprepared for a subdistrict in cooperation with a soil and water conservationdistrict may be adopted as the engineering plan, even though such project workplan is not the final construction plan, and does not give an estimate of thebenefits and damages which will accrue to each tract.

(9)“Apportion” means to determine the proportionate share of any assessment whichis to be borne by a tract of land subject to assessment or to determine theproportionate share of any charge which is to be borne by the owner or occupantof a tract of land. The determination shall be made by calculating thepercentage ratio of the appraised benefits of a tract of land to the totalappraised benefits accruing to all tracts of land, or owners and occupantsthereof, subject to the assessment or charge and allocating to the tracts ofland, or owners and occupants, the same percentage of the total sum of money tobe raised by the assessment or charge.

(10)“New assessed valuation” means the assessed valuation of a tract of land asassessed by the county assessor for the county in which the land is located forthe year in which an adjustment of benefits is made by a district.

(11)“Original appraised benefits” means the benefits determined to accrue to atract of land by an appraisal.

(12)“Original assessed valuation” means the assessed valuation of a tract of landas assessed by the county assessor for the county in which the land is locatedfor the year in which the original benefits were determined.

(13)“Record” means to file a document for recording with the county clerk of eachcounty in which the lands within a district or subdistrict are located. [Amendedby 1961 c.186 §4; 1965 c.623 §1; 1969 c.691 §1; 1983 c.83 §102; 1983 c.350 §307;1991 c.459 §430c; 2003 c.802 §138]

ORGANIZATIONAND POWERS OF DISTRICT

553.020Creation of water control districts; purposes; limits. (1) Watercontrol districts may be created as provided in this chapter for the purpose ofacquiring, 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 to improve the public health, welfareand safety.

(2)A water control district, organized for one or more of the purposes provided bysubsection (1) of this section, may also acquire, purchase, construct, improve,operate and maintain works and facilities for the secondary purposes ofdomestic, municipal and industrial water, recreation, wildlife, fish life andwater quality enhancement. However, a water control district may not be createdsolely for one or more of the purposes provided by this subsection. [Amended by1969 c.691 §2]

553.030 [Amended by1965 c.623 §2; repealed by 1971 c.727 §203]

553.035Application of election laws. (1) ORS chapter 255 governs thefollowing:

(a)The nomination and election of directors of the district board.

(b)The conduct of district elections.

(2)The electors of a district may exercise the powers of the initiative andreferendum regarding a district measure, in accordance with ORS 255.135 to255.205.

(3)A person may vote in a district election only if the person is an electorregistered in the district. However, in any district in which there are noelectors registered in the district and the property is used for business,industrial or farming purposes and is nonresidential in character, all ownersof property located within the district may vote, and the authorized officer orrepresentative of any corporation owning land in the district may vote for thecorporation landowner. [1983 c.350 §311]

553.040 [Amended by1965 c.623 §2a; repealed by 1971 c.727 §203]

553.050 [Repealed by1971 c.727 §203]

553.060 [Amended by1965 c.623 §3; repealed by 1971 c.727 §203]

553.065 [1965 c.623 §8a;1969 c.691 §3; repealed by 1971 c.727 §203]

553.070Boundary change; consent. If any contract has been entered into between thedistrict and the United States or the State of Oregon or any agency of eitherof them, or if the district has contracted to purchase any existing works andthe purchase price has not been paid in full, no change shall be made in theboundaries of the district without the written consent of such contractingagency or the vendor of such existing works. [Amended by 1965 c.623 §4; 1971c.727 §170]

553.080 [Amended by1959 c.71 §1; 1967 c.609 §12; 1969 c.691 §3a; repealed by 1971 c.647 §149]

553.090Nature and powers of district. A water control district formed underthe provisions of this chapter has full power to carry out the objects of itscreation and to that end may:

(1)Have and use a seal.

(2)Have perpetual succession.

(3)Sue and be sued in its own name.

(4)Acquire by condemnation, purchase, devise, gift or voluntary grant real andpersonal property or any interest therein, located inside or outside of theboundaries of the district.

(5)Enter into intergovernmental agreements under ORS chapter 190 for theconstruction, preservation, improvement, operation or maintenance of any works.