2021 Oregon Revised Statutes
Chapter 545 - Irrigation Districts
Section 545.041 - Conduct of election; contents of nominating petition; verification of electors by county assessor; order declaring result; inclusion of portion of district in another district; commencement of duties by directors.


(2)(a) Nominations for candidates for the board of directors may be made by petition, signed by at least 10 electors in the proposed district or division who are qualified to vote for the directors nominated by them. Nominations may also be made at an assembly of not less than 25 electors.
(b) Not more than one of the electors of a multiple ownership as described in ORS 545.007 (1)(a) may sign a nominating petition or vote at an assembly. Nominations by petition or by assembly shall be filed with the county assessor before they are filed with the county clerk under this subsection. If a nomination is made at an assembly, the nomination shall be filed under this paragraph with a list of the names and addresses of the electors who voted at the assembly. The county assessor shall verify that not more than one of the electors of a multiple ownership as described in ORS 545.007 (1)(a) has signed a nominating petition or voted at an assembly. The county assessor shall provide written confirmation of the assessor’s verification to the person filing the nomination.
(c) Nominations by petition or by assembly shall be filed with the county clerk at least 35 days next preceding the date of election. The nomination shall be accompanied by a copy of the written confirmation of verification provided by the county assessor under this subsection.
(d) The county clerk shall have the names of all persons nominated placed on the ballots as candidates for the offices for which they have been nominated. The ballots shall have a blank line under the printed names, on which may be written the name of any candidate voted for.
(3) A nominating petition shall contain:
(a) The name by which a candidate is commonly known. The candidate may use a nickname in parentheses in connection with the candidate’s full name;
(b) The address information of the candidate;
(c) The office for which the candidate seeks nomination;
(d) The term of office for which the candidate seeks nomination;
(e) A statement that the candidate is qualified for the office;
(f) A statement that the candidate is willing to accept the nomination and, if elected, the office;
(g) The signature of the candidate;
(h) The printed name and address of each elector who signed the petition; and
(i) A statement by the circulator of the petition that the circulator is personally acquainted with the electors who signed the petition and affirms that the signatures are genuine.
(4) If an elector is not shown as an owner of land on the last equalized assessment roll or is not shown as having authority to vote on behalf of an owner of land, the elector shall furnish the county clerk with written evidence, satisfactory to the county clerk, that the elector:
(a) Is a legal representative of the owner;
(b) Is entitled to be shown as the owner of land on the next assessment roll;
(c) Is a purchaser of land under a written agreement of sale; or
(d) Is authorized to sign for and on behalf of any public agency owning land.
(5) The county court shall meet on the first Monday that is at least 10 days after the election, canvass the votes cast, and enter an order declaring the result of the election. If upon the canvass it appears that at least three-fifths of the votes cast are "Irrigation District – Yes," the court shall, by an order entered on its minutes, declare the territory organized as an irrigation district under the name designated by the county court under ORS 545.033 (1), and shall declare the persons receiving, respectively, the highest number of votes for the several available director positions to be elected to those positions. The court shall cause a copy of the order, duly certified, to be immediately filed for record in the office of the county clerk of each county in which any portion of the district is situated.
(6) After the date of organization of an irrigation district, the county court of any county including any portion of the district shall not allow another district to be formed that includes any lands in the existing district, without first securing consent for the formation from the existing district.
(7) From and after the date of the filing of the order under subsection (1) of this section, the organization of the district is complete, and the directors may enter upon the duties of their offices upon qualifying as provided by law. They shall hold office until their successors are elected and qualified. [Formerly 545.012; 2001 c.257 §1; 2003 c.94 §1; 2013 c.520 §21]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 545 - Irrigation Districts

Section 545.002 - Definitions.

Section 545.007 - Voting rights.

Section 545.025 - Purposes of irrigation district; process for formation.

Section 545.029 - Hearing of petition by county court; authority as to boundaries of district; lands included; order; formation of district without election.

Section 545.033 - Naming and division of districts.

Section 545.037 - Notice of election for determining organization of district; contents; publication; mailing.

Section 545.041 - Conduct of election; contents of nominating petition; verification of electors by county assessor; order declaring result; inclusion of portion of district in another district; commencement of duties by directors.

Section 545.043 - Qualifications of directors; terms of office; oath.

Section 545.075 - Requirements that may be imposed upon petitioners in western Oregon district; charges or assessments.

Section 545.079 - Recording of order including lands in district; effect of order; appeal.

Section 545.089 - Redivision of district; election of directors.

Section 545.091 - Inclusion of lands not subject to charges of district.

Section 545.093 - Creation of subdistricts; purpose; change in subdistrict boundaries.

Section 545.094 - Engineering plan for improvements within subdistricts; notice; hearing; remonstrance.

Section 545.095 - Charges or assessments for improvements within subdistrict.

Section 545.099 - Petition for exclusion of lands from district; approval by board; payment of costs of exclusion.

Section 545.101 - Exclusion of subdivisions with three or more tracts on each acre of land; exceptions.

Section 545.113 - State agency to pay assessment and charges or to petition for exclusion.

Section 545.123 - Redivision of district; election of director.

Section 545.135 - Elections subsequent to organization of district; election of directors.

Section 545.137 - Notices of election; board of election; place of holding election; nomination of candidates; advertising openings on district board; certificate of election to sole candidate; ballots.

Section 545.139 - Board of election; polls; ballots.

Section 545.141 - Conduct of election; challenge and verification of qualifications of elector; counting ballots.

Section 545.153 - Statement of result; contents; certificate of election; effect of informalities in conduct of election.

Section 545.163 - Procedures for conducting election by mail.

Section 545.167 - Division of district for election of directors; procedure.

Section 545.169 - Election of directors from newly created divisions.

Section 545.181 - Organization of board; officers; establishment of meeting dates; collection, custody and disbursement of moneys.

Section 545.188 - Filling vacancy in office of director.

Section 545.189 - Recall of director; procedure; required number of signatures for recall petition.

Section 545.199 - Increase in number of directors upon determination of board or petition; election on increase.

Section 545.221 - Powers and duties of board as to management of district; water deliveries.

Section 545.225 - Contracts; conveyances; suits; judicial knowledge concerning district; audit reports.

Section 545.237 - Right to enter upon lands for inspection and maintenance of water works.

Section 545.239 - Right to enter upon and acquire lands and water rights; right of condemnation.

Section 545.257 - Authority of irrigation district to acquire domestic or municipal water works; assumption of obligations; sale of surplus water; impairment of irrigation service forbidden.

Section 545.275 - Lien on crops for water supplied for irrigation; enforcement; attorney fees.

Section 545.279 - District may require water control devices and measuring devices; notice to water user; objections; hearing.

Section 545.283 - Joinder of districts in acquisition or construction of irrigation or other water use works.

Section 545.287 - Directors may construct or maintain improvements, levy assessments or provide for charges.

Section 545.293 - Resolution for water distribution works or services; hearing of objections; construction, repair or maintenance of improvement; apportionment of costs; assessment.

Section 545.295 - Conditions required in certain districts before delivering water to additional lands; order; charges and assessments.

Section 545.303 - Water works system to be self-sustaining; payment of indebtedness; rates; separate accounts.

Section 545.305 - Election concerning acquisition of water works.

Section 545.315 - Petition to construct improvements for irrigation; contents; assent of petitioners to assessment of cost of improvement.

Section 545.319 - Elections on question of constructing improvement; resolution of directors.

Section 545.343 - Obligations or contracts with United States under Reclamation Act; acquisition of federal lands.

Section 545.359 - Contracts with federal government for flood control works.

Section 545.367 - Authorization of sale of property, excess water or hydroelectric power.

Section 545.373 - Proceeds of sale; special fund; uses of moneys.

Section 545.375 - Purchaser rights; power of directors respecting contracts and instruments relating to transfer.

Section 545.381 - Annual assessments; computation of amount to be raised; apportionment; determination of acreage and assessments; credit for water rights.

Section 545.385 - Certain lands may be assessed at different amounts; additional service charge.

Section 545.389 - Deduction for rights or property required by district; assessments pending construction.

Section 545.391 - Assessments for contracts with United States.

Section 545.420 - Certification of assessments to county assessors; entry on assessment roll; collection of taxes; deposit of sums collected; disbursements from fund; taxation of state and federal lands.

Section 545.468 - Exemption of parcel of land from payment of charge or assessment; qualification of owner of excluded parcel as district elector.

Section 545.471 - Charges for water supply; rates; collections and disbursements; basis of charges.

Section 545.484 - Computation of amount to be raised; apportionment of charges; fixing due date and delinquency date; fee for other services.

Section 545.487 - Pressurization charge; application to certain lands; apportionment.

Section 545.494 - Unpaid charge as lien on land; priority respecting other liens and claims.

Section 545.496 - Collection of incurred charges; withholding of water until payment; interest on unpaid charges.

Section 545.502 - Foreclosure; procedure; redemption after sale; attorney fees.

Section 545.507 - Borrowing for payment of operation and maintenance costs.

Section 545.508 - Moneys collected; deposit; separation of funds; disbursements.

Section 545.511 - Authorization of bonds, including refunding bonds; contract with state or with United States; election; notice.

Section 545.513 - Resubmission of questions to electors; contracts not requiring vote.

Section 545.519 - Issuance of bonds; cancellation of bonds.

Section 545.521 - Bonds of districts organized before 1925 with indebtedness of $50,000; retirement of outstanding bonds as condition of further indebtedness; authorization and sale of refunding bonds; application of proceeds; redemption.

Section 545.539 - Bond sinking funds; other funds.

Section 545.541 - Retirement of bonds prior to maturity.

Section 545.545 - Determination of liability of individual tracts for bonded indebtedness; acceptance of bonds and cash in payment.

Section 545.555 - Holding election; notice.

Section 545.557 - Bonds; maturities; reserves; interest; trustees.

Section 545.571 - Notice of determination; publication; contents.

Section 545.575 - Order determining benefits; order of assessment; "benefit surplus" defined.

Section 545.577 - Notice of proceedings; appeal to circuit court; notice and summons.

Section 545.579 - Pleadings; trial; appeal; finality of assessment order.

Section 545.585 - Bonds; issuance; purposes; form; amortization; maturities; negotiability; numbering; interest; denomination; registration; amount maturing annually; retirement.

Section 545.589 - Recording of assessments; bond lien docket; payment by bonds or coupons; interest on unpaid assessments; lien on land; priority.

Section 545.599 - Five-year additional assessment; emergency assessments; emergency fund.

Section 545.607 - Retirement of bonds before maturity.

Section 545.631 - Consent of creditors to refunding of indebtedness.

Section 545.635 - Notice of court proceeding to obtain constructive consent; effect of failure to file objection.

Section 545.637 - Hearing on petition; judgment; trustee.

Section 545.645 - Terms of contract; parties; execution.

Section 545.651 - Constructive consent of holders of outstanding indebtedness; procedure for obtaining consent; petition.

Section 545.655 - Notice of petition and terms of contract; failure to file dissent; effect.

Section 545.659 - Hearing on petition; judgment; trustee.

Section 545.675 - Parties to contract; execution.

Section 545.683 - Submission of claims to board; drawing of warrants; payment; lack of funds; interest on warrants; debts payable by warrants; receipt of warrants, bonds and interest coupons in payment of charges; amount of outstanding warrants; mont...

Section 545.685 - Establishing bank account for payment of labor and emergency expenses.