549.390 Appealfrom order authorizing work or assessing damages
549.400 Obstruction,befoulment or pollution of ditch prohibited
REPAIROF DIKES
549.510 Repairof dikes protecting contiguous tracts of different owners; refusal of one ownerto repair; reconstruction by other; recovery of expense
549.520 Complaintto county judge of neglect to repair; notice; examination; findings; directionto delinquent owner to repair dike
549.530 Entryon land by complainant to repair dike; recovery of cost of repair
549.540 Dikesconstructed under agreement excepted
FEDERALFLOOD CONTROL PROJECTS
549.605 Definitionsfor ORS 549.605 to 549.645
549.610 WaterResources Commission to participate on behalf of state in federal flood controlprojects; powers and duties of commission
549.615 Enteringupon land
549.620 Acquisitionof property
549.625 Powersof commission with respect to acquired property
549.630 Operationand maintenance of projects
549.635 Agreementsfor joint participation or aid
549.640 Dispositionof moneys received by commission
549.645 Waiverof state’s immunity to suit or action
POWERSOF CERTAIN COUNTIES WITH RESPECT TO WATER CONSERVATION AND FLOOD CONTROL
549.710 Powersof counties with populations in excess of 50,000
549.720 Procedurefor removing or destroying drifts and drifting materials
549.730 Budgetingand appropriating money for water conservation and flood control
PENALTIES
549.990 Penalties
CONTRACTSWITH FEDERAL AGENCIES AS TO FLOOD CONTROL
549.010Definitions for ORS 549.020 and 549.030. As used in ORS 549.020 and 549.030,unless a different meaning appears from the context:
(1)“Federal agency” includes the United States, the President of the UnitedStates, and any agency or instrumentality of the United States which isdesignated, granted or authorized to engage in the building, construction andmaintaining of flood control projects on any lakes, rivers or streams withinOregon.
(2)“Board of commissioners” means the governing body of any county in the state,whether the same consists of two county commissioners and the county judge orthree commissioners.
(3)“Contract” includes contracts and agreements in the customary form; also acommitment by a federal agency by which it undertakes to make or engage in theconstruction of works for the purpose of controlling floods, and the terms,conditions and restrictions therein set forth.
(4)“Flood control project” means any plan, system, manner or means for thecontrol, diversion, conservation or abatement of floodwaters or any excessiveor unusual accumulation of water in any natural or artificial stream or body ofwater, or for protection of life and property against danger, menace, injury ordamage resulting therefrom.
549.020Contracts between counties and federal agencies. Any county maymake contracts with any federal agency containing such terms, provisions andconditions as, in the discretion of the board of commissioners, may benecessary, proper or advisable for the purpose of meeting the conditionsnecessary in the construction of flood control projects as provided in anyfederal flood control Acts wherein the federal government is entirely financingsuch projects.
549.030Agreement by two or more counties with federal agency. If two or morecounties in the state desire jointly or severally to make any agreement withfederal agencies relative to flood control, they may enter into such agreementswith any agency named in ORS 549.010 in accordance with all the provisionsstated in ORS 549.010 and 549.020 that will facilitate cooperative actionbetween boards of commissioners and federal agencies to meet conditions of anyfederal flood control Acts wherein the federal government is entirely financingsuch projects.
DITCHESTO DRAIN LAND; FLOOD CONTROL MEASURES
549.110Application to county court for authority to build drainage ditch or levee, orto widen or straighten a stream. (1) When any person owns land whichrequires draining, or any incorporated city in which there is any ditch,standing water or surplus water requiring draining has no means of drainingsuch ditch, standing water or surplus water, and objection is made by theowners of adjacent land to the construction thereon or thereover of necessarymeans of drainage, such person or city may make application in writing to thecounty court of the county in which such land or city is situated, for theright of way or privilege to cut or dig or construct sufficient means ofdrainage over the adjacent land.
(2)Likewise any person or municipal corporation whose land is so situated that itis injured or liable to be injured by floodwaters from any natural streamflowing through or near the land may make application to the county court forthe right to enlarge or straighten the bed of such natural stream, or strengthenor build up the banks so as to protect such lands from overflow or injury.
549.120Procedure; appointment of commissioners; order to commissioners. Thereupon thecourt shall appoint three disinterested householders of the county as acommission and shall issue an order directing them to meet on a day named inthe order, after subscribing to an oath or affirmation to faithfully andimpartially discharge the duties of their appointment. At least three days’notice of the time and place of the meeting shall be given to all personsthrough whose lands the ditch is to be located or upon whose lands the naturalstream is to be straightened, enlarged, or its banks are to be strengthened orbuilt up.
549.130Commissioner’s oath.In the absence of an officer authorized to administer oaths, the commissionersmay administer the oath to each other.
549.140Duties of commissioners. The commissioners shall proceed to locate and markout the route of the ditch so as to do the least damage to the lands the ditchpasses through, or to designate the location, character and extent of the workto be done in straightening the bed or building up the banks of the stream, andshall at the same time assess the damages sustained by the person owning theland.
549.150Considering benefits in assessing damages. In assessing damages, thecommissioners shall take into consideration all benefits which will accrue tothe lands from the work contemplated.
549.160Report of commissioners to county court; payment to landowner; recordingreport; construction of improvement. The commissioners, or a majority ofthem, shall make a report to the county court at the next regular sessionthereof, stating the location of the ditch or other work contemplated, the nameof the person entitled to damage, and the amount, if any is assessed. If thecounty court is satisfied that the report is just, and after payment by theapplicant for the right of way of all costs of locating such ditch or otherwork, and the damages, if any are assessed, the court shall cause the same tobe recorded. The applicant then may proceed to make such ditch, or do such workof straightening the stream or building up or straightening the banks thereof,doing as little damage to the land it passes through as possible.
549.170Appeal to circuit court from assessment of damages. Any personaggrieved by the assessment of damages may appeal within 20 days to the circuitcourt.
549.180Bringing additional water into ditch without payment of compensationprohibited; civil liability. No person shall tap or bring additionalwater into any drainage district or drainage district ditch already dug withoutpaying a reasonable compensation therefor and securing the written permissionof district officials. The criminal penalty for violation of this section shallnot relieve the defendant from civil liability for damages.
549.190Other rights protected. ORS 549.110 to 549.180 shall not be construed so asto interfere with the rights of companies or individuals for mining, manufacturing,or watering towns or cities.
IMPROVEMENTOF WATERCOURSES OR DRAINS WEST OF CASCADES
549.310Application of ORS 549.320 to 549.400. ORS 549.320 to 549.400 shall not beconstrued to interfere with or to prevent the right or power to construct drainageditches under any other statute of this state, and shall apply only to thatportion of the state lying west of the Cascade Mountains.
549.320Petition by landowners to drain lands or improve drains. Whenever 60percent or more of the owners of land contiguous to and crossed by somewatercourse or drain desire to have such lands drained or such natural courseor drain straightened, altered, widened or deepened, they may petition thecounty court of the county in which the land is situated for such improvement,describing all property affected thereby and giving the names of the ownersthereof. Upon the filing of the petition the county court shall ascertainwhether 60 percent or more of the owners of land affected have signed thepetition, and if so, shall make a finding to that effect.
549.330Survey of work; plats, plans; estimates of cost; assessment of damages; hearingand determination by county court. The county court shall direct thecounty surveyor, or county engineer if the county employs a registeredprofessional engineer, to make a survey of the work contemplated to be done andprepare plats, plans, profiles and estimates of cost of the work to be done,and shall assess the damage sustained by any person owning any land affected bysuch improvement, taking into consideration all benefits which will accrue fromthe work contemplated to be done to the land. The county surveyor, or countyengineer, shall file with the county clerk the plats, plans, profiles,estimates of cost, and assessment of damages. Not less than 30 nor more than 60days after the county surveyor, or county engineer, has filed the data with thecounty clerk, the county court shall hold a hearing, of which at least 10 days’notice shall be given to all landowners affected, and to the authority whichmaintains any highway and to the owners of any railroad or tramway throughwhich or under which any conduit is to be constructed, by publishing the sameonce a week for two successive weeks in a newspaper of general circulation inthe county. At the hearing the county court shall hear evidence in support ofthe petition and in support of any protest or objection thereto, and afterconsideration shall determine whether it is to the interest and benefit of theland affected and conducive to the public welfare to grant the petition for theimprovement. [Amended by 1965 c.287 §1]
549.340Construction; functions of county surveyor or county engineer; performance bylandowner.If the county court authorizes the improvement, it shall be done under thedirection and supervision of the county surveyor, or the county engineer, whoshall set all necessary grade stakes and bench marks. The owner of any of thelands through which or on which any portion of the improvement is to beconstructed may, at the expense of the owner, perform such construction workunder the supervision of the county surveyor, or the county engineer. If theowner does not elect to do such work, it shall be done by the county under thedirection and supervision of the county surveyor, or the county engineer. [Amendedby 1965 c.287 §2]
549.350Report as to work done; assessment of costs; unpaid assessments. On thecompletion of the work by the county, the county surveyor or the countyengineer shall make and file with the county clerk a report showing in detailthe work done on each parcel of land separately owned, the names of the owners,and the amount of costs to each such parcel of land. The cost shall be assessedagainst the owner of the lands by the county court. Any unpaid assessment maybe recorded with the county clerk in any county of this state. The clerk shallthereupon record the name of the person incurring the assessment and the amountof the assessment in the County Clerk Lien Record. [Amended by 1965 c.287 §3;1991 c.459 §427]
549.360Extension of work across or under highway or railroad; duty as to constructionand maintenance; cost. The drainage work may be extended across or underany highway and may also be carried under or through any railroad or tramway.The authority which maintains the highway through which the conduit crossesshall construct and maintain the same in good condition and repair, free fromobstruction, at its own expense. The owner of the railroad or tramway under orthrough which the conduit is to be constructed shall construct and maintain thesame in good condition and repair, free from obstruction, at its own expense.
549.370Maintenance of work; inspection; notice to landowners; when work ordered;assessment of cost.At least one member of the county court in the fall of each year shall inspectthe improvements constructed under the provisions of ORS 549.310 to 549.400,for the purpose of ascertaining whether or not they have been properlymaintained and are in a good and serviceable condition. If it is found that theworks are not properly maintained or are not in a good and serviceablecondition either in whole or in part, the county court shall give notice inwriting to the owner of land upon which it was found that the works are notproperly maintained or are not in a good and serviceable condition, whichnotice shall set forth the necessary work to be done and the time of beginningand completion of the same. In the event the owner fails to comply with theconditions set forth in the notice, the county court shall order the necessarywork to be done and assess the cost against the land upon which the work wasdone in the manner provided in ORS 549.350.
549.380Acquisition of property necessary to improvement; condemnation; prior paymentof compensation unnecessary. Whenever a county court finds itnecessary, in order to carry out any of the purposes mentioned in ORS 549.310to 549.370, to condemn, acquire or appropriate any land, property or right ofany nature, it shall so declare its intention by resolution spread on therecords of the court, setting out the necessity that exists. If it is unable toagree with the owner for the purchase of such land, property or right, thedistrict attorney for the county, upon request of the county court, shallcommence and prosecute in any court of competent jurisdiction, in the name ofthe county, any necessary suit, action or proceeding for the condemnation ofsuch land, property or right, for such public use. The procedure in such suit, actionor proceeding shall be, as far as applicable, the procedure provided by law forthe condemnation of lands or rights of way by public or quasi-publiccorporations for public use or for corporate purposes; provided, nothing inthis section shall be construed to require the county to make or tendercompensation prior to the condemnation and taking possession of such land,property or right.
549.390Appeal from order authorizing work or assessing damages. Any personaggrieved by any order pursuant to the provisions of ORS 549.310 to 549.400authorizing any construction work or by the assessment of any damages, mayappeal to the circuit court within 20 days from the date when the county courtapproved such improvement. From the judgment of the circuit court an appeal tothe Court of Appeals may be taken in the manner provided for appeals in civilproceedings. [Amended by 1979 c.562 §26]
549.400Obstruction, befoulment or pollution of ditch prohibited. No person shallthrow, dump, place or allow to be thrown, dumped or placed, any rubbish, refuseor any article or thing in any ditch, lateral, canal, slough, waterway orconduit constructed, operated or maintained under the provisions of ORS 549.310to 549.390, or befoul, pollute or allow to be befouled or polluted any suchditch, lateral, canal, slough or conduit.
REPAIROF DIKES
549.510Repair of dikes protecting contiguous tracts of different owners; refusal ofone owner to repair; reconstruction by other; recovery of expense. Whenever two ormore contiguous tracts of land, not in a diking district, the property ofseparate owners, have been protected by a common dike or by separate dikes soconstructed as to afford a common benefit to the lands affected thereby, orupon which the dike has been constructed, and any portion of the dike hasbecome broken or destroyed or in such condition of repair that the landsintended to be benefited and protected by the dike are being injured by reasonof its broken, destroyed or other bad condition, and the owner of the land uponwhich the broken or destroyed dike is located refuses to rebuild, repair,reconstruct or otherwise improve the same so as to afford the proper protectionand benefit to the land, the owners of the other contiguous tracts may attemptto agree with the owner of the land upon which the dike in question is located,with reference to its repair, reconstruction or rebuilding. If the ownerrefuses to rebuild, reconstruct or repair the dike, the owners of the othercontiguous tracts of land affected by the dike and upon whose land the dikesare in a good condition of repair, may reconstruct, rebuild or repair thebroken or destroyed dike and shall be entitled, by action in any court havingjurisdiction, to recover from the delinquent owner the reasonable value of thematerial furnished and labor used in rebuilding, reconstructing or repairingthe same, together with the cost and disbursements of such action. The actionshall be prosecuted in the name of the owners and against the delinquent party.Any party to the action is entitled to a jury trial.
549.520Complaint to county judge of neglect to repair; notice; examination; findings;direction to delinquent owner to repair dike. If anyone neglects to repair,rebuild or reconstruct a dike as specified in ORS 549.510, the owners of thecontiguous tracts of land may complain to the county judge of the county inwhich the lands or some portion thereof are situated, who, after due notice,shall examine the premises. If the county judge determines that the dike is inneed of reconstruction, rebuilding or repair, and that the dike is ofsufficient benefit to the lands affected thereby to warrant its maintenance,and if the county judge finds that the dikes on the other contiguous tractsowned by the persons complaining are in a good state of repair, the countyjudge shall so signify in writing and shall cause to be served upon thedelinquent owner a copy of such finding and shall direct the owner to rebuild,reconstruct or repair the dike within such time as the judge determines to bereasonable.
549.390 Appealfrom order authorizing work or assessing damages
549.400 Obstruction,befoulment or pollution of ditch prohibited
REPAIROF DIKES
549.510 Repairof dikes protecting contiguous tracts of different owners; refusal of one ownerto repair; reconstruction by other; recovery of expense
549.520 Complaintto county judge of neglect to repair; notice; examination; findings; directionto delinquent owner to repair dike
549.530 Entryon land by complainant to repair dike; recovery of cost of repair
549.540 Dikesconstructed under agreement excepted
FEDERALFLOOD CONTROL PROJECTS
549.605 Definitionsfor ORS 549.605 to 549.645
549.610 WaterResources Commission to participate on behalf of state in federal flood controlprojects; powers and duties of commission
549.615 Enteringupon land
549.620 Acquisitionof property
549.625 Powersof commission with respect to acquired property
549.630 Operationand maintenance of projects
549.635 Agreementsfor joint participation or aid
549.640 Dispositionof moneys received by commission
549.645 Waiverof state’s immunity to suit or action
POWERSOF CERTAIN COUNTIES WITH RESPECT TO WATER CONSERVATION AND FLOOD CONTROL
549.710 Powersof counties with populations in excess of 50,000
549.720 Procedurefor removing or destroying drifts and drifting materials
549.730 Budgetingand appropriating money for water conservation and flood control
PENALTIES
549.990 Penalties
CONTRACTSWITH FEDERAL AGENCIES AS TO FLOOD CONTROL
549.010Definitions for ORS 549.020 and 549.030. As used in ORS 549.020 and 549.030,unless a different meaning appears from the context:
(1)“Federal agency” includes the United States, the President of the UnitedStates, and any agency or instrumentality of the United States which isdesignated, granted or authorized to engage in the building, construction andmaintaining of flood control projects on any lakes, rivers or streams withinOregon.
(2)“Board of commissioners” means the governing body of any county in the state,whether the same consists of two county commissioners and the county judge orthree commissioners.
(3)“Contract” includes contracts and agreements in the customary form; also acommitment by a federal agency by which it undertakes to make or engage in theconstruction of works for the purpose of controlling floods, and the terms,conditions and restrictions therein set forth.
(4)“Flood control project” means any plan, system, manner or means for thecontrol, diversion, conservation or abatement of floodwaters or any excessiveor unusual accumulation of water in any natural or artificial stream or body ofwater, or for protection of life and property against danger, menace, injury ordamage resulting therefrom.
549.020Contracts between counties and federal agencies. Any county maymake contracts with any federal agency containing such terms, provisions andconditions as, in the discretion of the board of commissioners, may benecessary, proper or advisable for the purpose of meeting the conditionsnecessary in the construction of flood control projects as provided in anyfederal flood control Acts wherein the federal government is entirely financingsuch projects.
549.030Agreement by two or more counties with federal agency. If two or morecounties in the state desire jointly or severally to make any agreement withfederal agencies relative to flood control, they may enter into such agreementswith any agency named in ORS 549.010 in accordance with all the provisionsstated in ORS 549.010 and 549.020 that will facilitate cooperative actionbetween boards of commissioners and federal agencies to meet conditions of anyfederal flood control Acts wherein the federal government is entirely financingsuch projects.
DITCHESTO DRAIN LAND; FLOOD CONTROL MEASURES
549.110Application to county court for authority to build drainage ditch or levee, orto widen or straighten a stream. (1) When any person owns land whichrequires draining, or any incorporated city in which there is any ditch,standing water or surplus water requiring draining has no means of drainingsuch ditch, standing water or surplus water, and objection is made by theowners of adjacent land to the construction thereon or thereover of necessarymeans of drainage, such person or city may make application in writing to thecounty court of the county in which such land or city is situated, for theright of way or privilege to cut or dig or construct sufficient means ofdrainage over the adjacent land.
(2)Likewise any person or municipal corporation whose land is so situated that itis injured or liable to be injured by floodwaters from any natural streamflowing through or near the land may make application to the county court forthe right to enlarge or straighten the bed of such natural stream, or strengthenor build up the banks so as to protect such lands from overflow or injury.
549.120Procedure; appointment of commissioners; order to commissioners. Thereupon thecourt shall appoint three disinterested householders of the county as acommission and shall issue an order directing them to meet on a day named inthe order, after subscribing to an oath or affirmation to faithfully andimpartially discharge the duties of their appointment. At least three days’notice of the time and place of the meeting shall be given to all personsthrough whose lands the ditch is to be located or upon whose lands the naturalstream is to be straightened, enlarged, or its banks are to be strengthened orbuilt up.
549.130Commissioner’s oath.In the absence of an officer authorized to administer oaths, the commissionersmay administer the oath to each other.
549.140Duties of commissioners. The commissioners shall proceed to locate and markout the route of the ditch so as to do the least damage to the lands the ditchpasses through, or to designate the location, character and extent of the workto be done in straightening the bed or building up the banks of the stream, andshall at the same time assess the damages sustained by the person owning theland.
549.150Considering benefits in assessing damages. In assessing damages, thecommissioners shall take into consideration all benefits which will accrue tothe lands from the work contemplated.
549.160Report of commissioners to county court; payment to landowner; recordingreport; construction of improvement. The commissioners, or a majority ofthem, shall make a report to the county court at the next regular sessionthereof, stating the location of the ditch or other work contemplated, the nameof the person entitled to damage, and the amount, if any is assessed. If thecounty court is satisfied that the report is just, and after payment by theapplicant for the right of way of all costs of locating such ditch or otherwork, and the damages, if any are assessed, the court shall cause the same tobe recorded. The applicant then may proceed to make such ditch, or do such workof straightening the stream or building up or straightening the banks thereof,doing as little damage to the land it passes through as possible.
549.170Appeal to circuit court from assessment of damages. Any personaggrieved by the assessment of damages may appeal within 20 days to the circuitcourt.
549.180Bringing additional water into ditch without payment of compensationprohibited; civil liability. No person shall tap or bring additionalwater into any drainage district or drainage district ditch already dug withoutpaying a reasonable compensation therefor and securing the written permissionof district officials. The criminal penalty for violation of this section shallnot relieve the defendant from civil liability for damages.
549.190Other rights protected. ORS 549.110 to 549.180 shall not be construed so asto interfere with the rights of companies or individuals for mining, manufacturing,or watering towns or cities.
IMPROVEMENTOF WATERCOURSES OR DRAINS WEST OF CASCADES
549.310Application of ORS 549.320 to 549.400. ORS 549.320 to 549.400 shall not beconstrued to interfere with or to prevent the right or power to construct drainageditches under any other statute of this state, and shall apply only to thatportion of the state lying west of the Cascade Mountains.
549.320Petition by landowners to drain lands or improve drains. Whenever 60percent or more of the owners of land contiguous to and crossed by somewatercourse or drain desire to have such lands drained or such natural courseor drain straightened, altered, widened or deepened, they may petition thecounty court of the county in which the land is situated for such improvement,describing all property affected thereby and giving the names of the ownersthereof. Upon the filing of the petition the county court shall ascertainwhether 60 percent or more of the owners of land affected have signed thepetition, and if so, shall make a finding to that effect.
549.330Survey of work; plats, plans; estimates of cost; assessment of damages; hearingand determination by county court. The county court shall direct thecounty surveyor, or county engineer if the county employs a registeredprofessional engineer, to make a survey of the work contemplated to be done andprepare plats, plans, profiles and estimates of cost of the work to be done,and shall assess the damage sustained by any person owning any land affected bysuch improvement, taking into consideration all benefits which will accrue fromthe work contemplated to be done to the land. The county surveyor, or countyengineer, shall file with the county clerk the plats, plans, profiles,estimates of cost, and assessment of damages. Not less than 30 nor more than 60days after the county surveyor, or county engineer, has filed the data with thecounty clerk, the county court shall hold a hearing, of which at least 10 days’notice shall be given to all landowners affected, and to the authority whichmaintains any highway and to the owners of any railroad or tramway throughwhich or under which any conduit is to be constructed, by publishing the sameonce a week for two successive weeks in a newspaper of general circulation inthe county. At the hearing the county court shall hear evidence in support ofthe petition and in support of any protest or objection thereto, and afterconsideration shall determine whether it is to the interest and benefit of theland affected and conducive to the public welfare to grant the petition for theimprovement. [Amended by 1965 c.287 §1]
549.340Construction; functions of county surveyor or county engineer; performance bylandowner.If the county court authorizes the improvement, it shall be done under thedirection and supervision of the county surveyor, or the county engineer, whoshall set all necessary grade stakes and bench marks. The owner of any of thelands through which or on which any portion of the improvement is to beconstructed may, at the expense of the owner, perform such construction workunder the supervision of the county surveyor, or the county engineer. If theowner does not elect to do such work, it shall be done by the county under thedirection and supervision of the county surveyor, or the county engineer. [Amendedby 1965 c.287 §2]
549.350Report as to work done; assessment of costs; unpaid assessments. On thecompletion of the work by the county, the county surveyor or the countyengineer shall make and file with the county clerk a report showing in detailthe work done on each parcel of land separately owned, the names of the owners,and the amount of costs to each such parcel of land. The cost shall be assessedagainst the owner of the lands by the county court. Any unpaid assessment maybe recorded with the county clerk in any county of this state. The clerk shallthereupon record the name of the person incurring the assessment and the amountof the assessment in the County Clerk Lien Record. [Amended by 1965 c.287 §3;1991 c.459 §427]
549.360Extension of work across or under highway or railroad; duty as to constructionand maintenance; cost. The drainage work may be extended across or underany highway and may also be carried under or through any railroad or tramway.The authority which maintains the highway through which the conduit crossesshall construct and maintain the same in good condition and repair, free fromobstruction, at its own expense. The owner of the railroad or tramway under orthrough which the conduit is to be constructed shall construct and maintain thesame in good condition and repair, free from obstruction, at its own expense.
549.370Maintenance of work; inspection; notice to landowners; when work ordered;assessment of cost.At least one member of the county court in the fall of each year shall inspectthe improvements constructed under the provisions of ORS 549.310 to 549.400,for the purpose of ascertaining whether or not they have been properlymaintained and are in a good and serviceable condition. If it is found that theworks are not properly maintained or are not in a good and serviceablecondition either in whole or in part, the county court shall give notice inwriting to the owner of land upon which it was found that the works are notproperly maintained or are not in a good and serviceable condition, whichnotice shall set forth the necessary work to be done and the time of beginningand completion of the same. In the event the owner fails to comply with theconditions set forth in the notice, the county court shall order the necessarywork to be done and assess the cost against the land upon which the work wasdone in the manner provided in ORS 549.350.
549.380Acquisition of property necessary to improvement; condemnation; prior paymentof compensation unnecessary. Whenever a county court finds itnecessary, in order to carry out any of the purposes mentioned in ORS 549.310to 549.370, to condemn, acquire or appropriate any land, property or right ofany nature, it shall so declare its intention by resolution spread on therecords of the court, setting out the necessity that exists. If it is unable toagree with the owner for the purchase of such land, property or right, thedistrict attorney for the county, upon request of the county court, shallcommence and prosecute in any court of competent jurisdiction, in the name ofthe county, any necessary suit, action or proceeding for the condemnation ofsuch land, property or right, for such public use. The procedure in such suit, actionor proceeding shall be, as far as applicable, the procedure provided by law forthe condemnation of lands or rights of way by public or quasi-publiccorporations for public use or for corporate purposes; provided, nothing inthis section shall be construed to require the county to make or tendercompensation prior to the condemnation and taking possession of such land,property or right.
549.390Appeal from order authorizing work or assessing damages. Any personaggrieved by any order pursuant to the provisions of ORS 549.310 to 549.400authorizing any construction work or by the assessment of any damages, mayappeal to the circuit court within 20 days from the date when the county courtapproved such improvement. From the judgment of the circuit court an appeal tothe Court of Appeals may be taken in the manner provided for appeals in civilproceedings. [Amended by 1979 c.562 §26]
549.400Obstruction, befoulment or pollution of ditch prohibited. No person shallthrow, dump, place or allow to be thrown, dumped or placed, any rubbish, refuseor any article or thing in any ditch, lateral, canal, slough, waterway orconduit constructed, operated or maintained under the provisions of ORS 549.310to 549.390, or befoul, pollute or allow to be befouled or polluted any suchditch, lateral, canal, slough or conduit.
REPAIROF DIKES
549.510Repair of dikes protecting contiguous tracts of different owners; refusal ofone owner to repair; reconstruction by other; recovery of expense. Whenever two ormore contiguous tracts of land, not in a diking district, the property ofseparate owners, have been protected by a common dike or by separate dikes soconstructed as to afford a common benefit to the lands affected thereby, orupon which the dike has been constructed, and any portion of the dike hasbecome broken or destroyed or in such condition of repair that the landsintended to be benefited and protected by the dike are being injured by reasonof its broken, destroyed or other bad condition, and the owner of the land uponwhich the broken or destroyed dike is located refuses to rebuild, repair,reconstruct or otherwise improve the same so as to afford the proper protectionand benefit to the land, the owners of the other contiguous tracts may attemptto agree with the owner of the land upon which the dike in question is located,with reference to its repair, reconstruction or rebuilding. If the ownerrefuses to rebuild, reconstruct or repair the dike, the owners of the othercontiguous tracts of land affected by the dike and upon whose land the dikesare in a good condition of repair, may reconstruct, rebuild or repair thebroken or destroyed dike and shall be entitled, by action in any court havingjurisdiction, to recover from the delinquent owner the reasonable value of thematerial furnished and labor used in rebuilding, reconstructing or repairingthe same, together with the cost and disbursements of such action. The actionshall be prosecuted in the name of the owners and against the delinquent party.Any party to the action is entitled to a jury trial.
549.520Complaint to county judge of neglect to repair; notice; examination; findings;direction to delinquent owner to repair dike. If anyone neglects to repair,rebuild or reconstruct a dike as specified in ORS 549.510, the owners of thecontiguous tracts of land may complain to the county judge of the county inwhich the lands or some portion thereof are situated, who, after due notice,shall examine the premises. If the county judge determines that the dike is inneed of reconstruction, rebuilding or repair, and that the dike is ofsufficient benefit to the lands affected thereby to warrant its maintenance,and if the county judge finds that the dikes on the other contiguous tractsowned by the persons complaining are in a good state of repair, the countyjudge shall so signify in writing and shall cause to be served upon thedelinquent owner a copy of such finding and shall direct the owner to rebuild,reconstruct or repair the dike within such time as the judge determines to bereasonable.
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549.390 Appealfrom order authorizing work or assessing damages
549.400 Obstruction,befoulment or pollution of ditch prohibited
REPAIROF DIKES
549.510 Repairof dikes protecting contiguous tracts of different owners; refusal of one ownerto repair; reconstruction by other; recovery of expense
549.520 Complaintto county judge of neglect to repair; notice; examination; findings; directionto delinquent owner to repair dike
549.530 Entryon land by complainant to repair dike; recovery of cost of repair
549.540 Dikesconstructed under agreement excepted
FEDERALFLOOD CONTROL PROJECTS
549.605 Definitionsfor ORS 549.605 to 549.645
549.610 WaterResources Commission to participate on behalf of state in federal flood controlprojects; powers and duties of commission
549.615 Enteringupon land
549.620 Acquisitionof property
549.625 Powersof commission with respect to acquired property
549.630 Operationand maintenance of projects
549.635 Agreementsfor joint participation or aid
549.640 Dispositionof moneys received by commission
549.645 Waiverof state’s immunity to suit or action
POWERSOF CERTAIN COUNTIES WITH RESPECT TO WATER CONSERVATION AND FLOOD CONTROL
549.710 Powersof counties with populations in excess of 50,000
549.720 Procedurefor removing or destroying drifts and drifting materials
549.730 Budgetingand appropriating money for water conservation and flood control
PENALTIES
549.990 Penalties
CONTRACTSWITH FEDERAL AGENCIES AS TO FLOOD CONTROL
549.010Definitions for ORS 549.020 and 549.030. As used in ORS 549.020 and 549.030,unless a different meaning appears from the context:
(1)“Federal agency” includes the United States, the President of the UnitedStates, and any agency or instrumentality of the United States which isdesignated, granted or authorized to engage in the building, construction andmaintaining of flood control projects on any lakes, rivers or streams withinOregon.
(2)“Board of commissioners” means the governing body of any county in the state,whether the same consists of two county commissioners and the county judge orthree commissioners.
(3)“Contract” includes contracts and agreements in the customary form; also acommitment by a federal agency by which it undertakes to make or engage in theconstruction of works for the purpose of controlling floods, and the terms,conditions and restrictions therein set forth.
(4)“Flood control project” means any plan, system, manner or means for thecontrol, diversion, conservation or abatement of floodwaters or any excessiveor unusual accumulation of water in any natural or artificial stream or body ofwater, or for protection of life and property against danger, menace, injury ordamage resulting therefrom.
549.020Contracts between counties and federal agencies. Any county maymake contracts with any federal agency containing such terms, provisions andconditions as, in the discretion of the board of commissioners, may benecessary, proper or advisable for the purpose of meeting the conditionsnecessary in the construction of flood control projects as provided in anyfederal flood control Acts wherein the federal government is entirely financingsuch projects.
549.030Agreement by two or more counties with federal agency. If two or morecounties in the state desire jointly or severally to make any agreement withfederal agencies relative to flood control, they may enter into such agreementswith any agency named in ORS 549.010 in accordance with all the provisionsstated in ORS 549.010 and 549.020 that will facilitate cooperative actionbetween boards of commissioners and federal agencies to meet conditions of anyfederal flood control Acts wherein the federal government is entirely financingsuch projects.
DITCHESTO DRAIN LAND; FLOOD CONTROL MEASURES
549.110Application to county court for authority to build drainage ditch or levee, orto widen or straighten a stream. (1) When any person owns land whichrequires draining, or any incorporated city in which there is any ditch,standing water or surplus water requiring draining has no means of drainingsuch ditch, standing water or surplus water, and objection is made by theowners of adjacent land to the construction thereon or thereover of necessarymeans of drainage, such person or city may make application in writing to thecounty court of the county in which such land or city is situated, for theright of way or privilege to cut or dig or construct sufficient means ofdrainage over the adjacent land.
(2)Likewise any person or municipal corporation whose land is so situated that itis injured or liable to be injured by floodwaters from any natural streamflowing through or near the land may make application to the county court forthe right to enlarge or straighten the bed of such natural stream, or strengthenor build up the banks so as to protect such lands from overflow or injury.
549.120Procedure; appointment of commissioners; order to commissioners. Thereupon thecourt shall appoint three disinterested householders of the county as acommission and shall issue an order directing them to meet on a day named inthe order, after subscribing to an oath or affirmation to faithfully andimpartially discharge the duties of their appointment. At least three days’notice of the time and place of the meeting shall be given to all personsthrough whose lands the ditch is to be located or upon whose lands the naturalstream is to be straightened, enlarged, or its banks are to be strengthened orbuilt up.
549.130Commissioner’s oath.In the absence of an officer authorized to administer oaths, the commissionersmay administer the oath to each other.
549.140Duties of commissioners. The commissioners shall proceed to locate and markout the route of the ditch so as to do the least damage to the lands the ditchpasses through, or to designate the location, character and extent of the workto be done in straightening the bed or building up the banks of the stream, andshall at the same time assess the damages sustained by the person owning theland.
549.150Considering benefits in assessing damages. In assessing damages, thecommissioners shall take into consideration all benefits which will accrue tothe lands from the work contemplated.
549.160Report of commissioners to county court; payment to landowner; recordingreport; construction of improvement. The commissioners, or a majority ofthem, shall make a report to the county court at the next regular sessionthereof, stating the location of the ditch or other work contemplated, the nameof the person entitled to damage, and the amount, if any is assessed. If thecounty court is satisfied that the report is just, and after payment by theapplicant for the right of way of all costs of locating such ditch or otherwork, and the damages, if any are assessed, the court shall cause the same tobe recorded. The applicant then may proceed to make such ditch, or do such workof straightening the stream or building up or straightening the banks thereof,doing as little damage to the land it passes through as possible.
549.170Appeal to circuit court from assessment of damages. Any personaggrieved by the assessment of damages may appeal within 20 days to the circuitcourt.
549.180Bringing additional water into ditch without payment of compensationprohibited; civil liability. No person shall tap or bring additionalwater into any drainage district or drainage district ditch already dug withoutpaying a reasonable compensation therefor and securing the written permissionof district officials. The criminal penalty for violation of this section shallnot relieve the defendant from civil liability for damages.
549.190Other rights protected. ORS 549.110 to 549.180 shall not be construed so asto interfere with the rights of companies or individuals for mining, manufacturing,or watering towns or cities.
IMPROVEMENTOF WATERCOURSES OR DRAINS WEST OF CASCADES
549.310Application of ORS 549.320 to 549.400. ORS 549.320 to 549.400 shall not beconstrued to interfere with or to prevent the right or power to construct drainageditches under any other statute of this state, and shall apply only to thatportion of the state lying west of the Cascade Mountains.
549.320Petition by landowners to drain lands or improve drains. Whenever 60percent or more of the owners of land contiguous to and crossed by somewatercourse or drain desire to have such lands drained or such natural courseor drain straightened, altered, widened or deepened, they may petition thecounty court of the county in which the land is situated for such improvement,describing all property affected thereby and giving the names of the ownersthereof. Upon the filing of the petition the county court shall ascertainwhether 60 percent or more of the owners of land affected have signed thepetition, and if so, shall make a finding to that effect.
549.330Survey of work; plats, plans; estimates of cost; assessment of damages; hearingand determination by county court. The county court shall direct thecounty surveyor, or county engineer if the county employs a registeredprofessional engineer, to make a survey of the work contemplated to be done andprepare plats, plans, profiles and estimates of cost of the work to be done,and shall assess the damage sustained by any person owning any land affected bysuch improvement, taking into consideration all benefits which will accrue fromthe work contemplated to be done to the land. The county surveyor, or countyengineer, shall file with the county clerk the plats, plans, profiles,estimates of cost, and assessment of damages. Not less than 30 nor more than 60days after the county surveyor, or county engineer, has filed the data with thecounty clerk, the county court shall hold a hearing, of which at least 10 days’notice shall be given to all landowners affected, and to the authority whichmaintains any highway and to the owners of any railroad or tramway throughwhich or under which any conduit is to be constructed, by publishing the sameonce a week for two successive weeks in a newspaper of general circulation inthe county. At the hearing the county court shall hear evidence in support ofthe petition and in support of any protest or objection thereto, and afterconsideration shall determine whether it is to the interest and benefit of theland affected and conducive to the public welfare to grant the petition for theimprovement. [Amended by 1965 c.287 §1]
549.340Construction; functions of county surveyor or county engineer; performance bylandowner.If the county court authorizes the improvement, it shall be done under thedirection and supervision of the county surveyor, or the county engineer, whoshall set all necessary grade stakes and bench marks. The owner of any of thelands through which or on which any portion of the improvement is to beconstructed may, at the expense of the owner, perform such construction workunder the supervision of the county surveyor, or the county engineer. If theowner does not elect to do such work, it shall be done by the county under thedirection and supervision of the county surveyor, or the county engineer. [Amendedby 1965 c.287 §2]
549.350Report as to work done; assessment of costs; unpaid assessments. On thecompletion of the work by the county, the county surveyor or the countyengineer shall make and file with the county clerk a report showing in detailthe work done on each parcel of land separately owned, the names of the owners,and the amount of costs to each such parcel of land. The cost shall be assessedagainst the owner of the lands by the county court. Any unpaid assessment maybe recorded with the county clerk in any county of this state. The clerk shallthereupon record the name of the person incurring the assessment and the amountof the assessment in the County Clerk Lien Record. [Amended by 1965 c.287 §3;1991 c.459 §427]
549.360Extension of work across or under highway or railroad; duty as to constructionand maintenance; cost. The drainage work may be extended across or underany highway and may also be carried under or through any railroad or tramway.The authority which maintains the highway through which the conduit crossesshall construct and maintain the same in good condition and repair, free fromobstruction, at its own expense. The owner of the railroad or tramway under orthrough which the conduit is to be constructed shall construct and maintain thesame in good condition and repair, free from obstruction, at its own expense.
549.370Maintenance of work; inspection; notice to landowners; when work ordered;assessment of cost.At least one member of the county court in the fall of each year shall inspectthe improvements constructed under the provisions of ORS 549.310 to 549.400,for the purpose of ascertaining whether or not they have been properlymaintained and are in a good and serviceable condition. If it is found that theworks are not properly maintained or are not in a good and serviceablecondition either in whole or in part, the county court shall give notice inwriting to the owner of land upon which it was found that the works are notproperly maintained or are not in a good and serviceable condition, whichnotice shall set forth the necessary work to be done and the time of beginningand completion of the same. In the event the owner fails to comply with theconditions set forth in the notice, the county court shall order the necessarywork to be done and assess the cost against the land upon which the work wasdone in the manner provided in ORS 549.350.
549.380Acquisition of property necessary to improvement; condemnation; prior paymentof compensation unnecessary. Whenever a county court finds itnecessary, in order to carry out any of the purposes mentioned in ORS 549.310to 549.370, to condemn, acquire or appropriate any land, property or right ofany nature, it shall so declare its intention by resolution spread on therecords of the court, setting out the necessity that exists. If it is unable toagree with the owner for the purchase of such land, property or right, thedistrict attorney for the county, upon request of the county court, shallcommence and prosecute in any court of competent jurisdiction, in the name ofthe county, any necessary suit, action or proceeding for the condemnation ofsuch land, property or right, for such public use. The procedure in such suit, actionor proceeding shall be, as far as applicable, the procedure provided by law forthe condemnation of lands or rights of way by public or quasi-publiccorporations for public use or for corporate purposes; provided, nothing inthis section shall be construed to require the county to make or tendercompensation prior to the condemnation and taking possession of such land,property or right.
549.390Appeal from order authorizing work or assessing damages. Any personaggrieved by any order pursuant to the provisions of ORS 549.310 to 549.400authorizing any construction work or by the assessment of any damages, mayappeal to the circuit court within 20 days from the date when the county courtapproved such improvement. From the judgment of the circuit court an appeal tothe Court of Appeals may be taken in the manner provided for appeals in civilproceedings. [Amended by 1979 c.562 §26]
549.400Obstruction, befoulment or pollution of ditch prohibited. No person shallthrow, dump, place or allow to be thrown, dumped or placed, any rubbish, refuseor any article or thing in any ditch, lateral, canal, slough, waterway orconduit constructed, operated or maintained under the provisions of ORS 549.310to 549.390, or befoul, pollute or allow to be befouled or polluted any suchditch, lateral, canal, slough or conduit.
REPAIROF DIKES
549.510Repair of dikes protecting contiguous tracts of different owners; refusal ofone owner to repair; reconstruction by other; recovery of expense. Whenever two ormore contiguous tracts of land, not in a diking district, the property ofseparate owners, have been protected by a common dike or by separate dikes soconstructed as to afford a common benefit to the lands affected thereby, orupon which the dike has been constructed, and any portion of the dike hasbecome broken or destroyed or in such condition of repair that the landsintended to be benefited and protected by the dike are being injured by reasonof its broken, destroyed or other bad condition, and the owner of the land uponwhich the broken or destroyed dike is located refuses to rebuild, repair,reconstruct or otherwise improve the same so as to afford the proper protectionand benefit to the land, the owners of the other contiguous tracts may attemptto agree with the owner of the land upon which the dike in question is located,with reference to its repair, reconstruction or rebuilding. If the ownerrefuses to rebuild, reconstruct or repair the dike, the owners of the othercontiguous tracts of land affected by the dike and upon whose land the dikesare in a good condition of repair, may reconstruct, rebuild or repair thebroken or destroyed dike and shall be entitled, by action in any court havingjurisdiction, to recover from the delinquent owner the reasonable value of thematerial furnished and labor used in rebuilding, reconstructing or repairingthe same, together with the cost and disbursements of such action. The actionshall be prosecuted in the name of the owners and against the delinquent party.Any party to the action is entitled to a jury trial.
549.520Complaint to county judge of neglect to repair; notice; examination; findings;direction to delinquent owner to repair dike. If anyone neglects to repair,rebuild or reconstruct a dike as specified in ORS 549.510, the owners of thecontiguous tracts of land may complain to the county judge of the county inwhich the lands or some portion thereof are situated, who, after due notice,shall examine the premises. If the county judge determines that the dike is inneed of reconstruction, rebuilding or repair, and that the dike is ofsufficient benefit to the lands affected thereby to warrant its maintenance,and if the county judge finds that the dikes on the other contiguous tractsowned by the persons complaining are in a good state of repair, the countyjudge shall so signify in writing and shall cause to be served upon thedelinquent owner a copy of such finding and shall direct the owner to rebuild,reconstruct or repair the dike within such time as the judge determines to bereasonable.
