(2) When the owners of more than 50 percent of the acreage in any contiguous tracts of land situated within a district and subject to the charges or assessments of the district desire to have the district undertake the construction of works for irrigation of their land or provide for the reconstruction, betterment, extension, purchase, operation or maintenance of works already constructed that will benefit their lands, they may petition the board for the creation of a subdistrict. The petition shall state the boundaries proposed for the subdistrict, the name and address of each person signing the petition, a brief general statement as to the works the petitioners desire to have constructed or provided and a prayer asking that the lands described be organized as a subdistrict. The description of the boundaries of the proposed subdistrict shall be certified as a complete and sufficient legal description by a qualified engineer or land surveyor and the certificate shall be filed with the board at the time the petition is filed. The petition shall be considered by the board at its next meeting. If the board approves the petition, the board shall adopt an order creating the subdistrict. The order shall contain a description of the boundaries of the subdistrict. A subdistrict may include all or any part of the lands within a district. A copy of the order shall be recorded in each county in which lands within the subdistrict are located.
(3) A subdistrict may also be created under this section by resolution of the board.
(4) After the creation of a subdistrict under this section, the boundaries of the subdistrict may be changed by the inclusion of lands outside of the subdistrict. A proceeding under this subsection may be initiated by petition of the owners of more than 50 percent of the lands sought to be included in the subdistrict. The lands to be included in the subdistrict must be contiguous to the subdistrict and within the boundaries of the district. The petition shall state the boundaries of the lands to be included in the subdistrict, the reason for adding the lands to the subdistrict, the name and address of each person signing the petition and a prayer asking that the lands described by the petition be included in the subdistrict. The petition shall be filed with the board. The description of the boundaries of the subdistrict after the proposed addition shall be certified as a complete and sufficient legal description by a qualified engineer or land surveyor and the certificate shall be filed with the board at the time the petition is filed. The board of directors shall enter an order fixing a time and place for a hearing on the petition and shall either publish notice of the hearing or mail a notice of the hearing to all landowners within the boundaries of the lands proposed for inclusion in the subdistrict. At the hearing or at any time and place to which the hearing may be adjourned, the board shall determine what lands proposed to be included within the subdistrict will be benefited by inclusion in the subdistrict. The board shall adopt an order for inclusion of the benefited lands in the subdistrict and the new boundaries of the subdistrict shall be described in the order.
(5) A subdistrict created under this section may be designated "Subdistrict No. ___ of the ______ Irrigation District."
(6) A subdistrict created under this section may be an electoral district for purposes of district elections under ORS 545.167.
(7) The district board of the main district is the governing board of each subdistrict of the district.
(8) Except as otherwise provided in ORS 545.093 to 545.095, after the creation of a subdistrict, proceedings relating to a subdistrict shall conform to provisions of this chapter applicable to districts. In all other matters affecting only a subdistrict, provisions of this chapter applicable to a district apply to the subdistrict as though the subdistrict were a district. [1999 c.356 ยง2]
Note: 545.093 to 545.095 were added to and made a part of ORS chapter 545 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Structure 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 545.033 - Naming and division of districts.
Section 545.043 - Qualifications of directors; terms of office; oath.
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 545.095 - Charges or assessments for improvements within subdistrict.
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 545.139 - Board of election; polls; ballots.
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 545.188 - Filling vacancy in office of director.
Section 545.189 - Recall of director; procedure; required number of signatures for recall petition.
Section 545.221 - Powers and duties of board as to management of district; water deliveries.
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 545.275 - Lien on crops for water supplied for irrigation; enforcement; attorney fees.
Section 545.305 - Election concerning acquisition of water works.
Section 545.319 - Elections on question of constructing improvement; resolution of directors.
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 545.385 - Certain lands may be assessed at different amounts; additional service charge.
Section 545.391 - Assessments for contracts with United States.
Section 545.471 - Charges for water supply; rates; collections and disbursements; basis of charges.
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 545.502 - 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 545.513 - Resubmission of questions to electors; contracts not requiring vote.
Section 545.519 - Issuance of bonds; cancellation of bonds.
Section 545.539 - Bond sinking funds; other funds.
Section 545.541 - Retirement of bonds prior to maturity.
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 545.599 - 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 545.637 - Hearing on petition; judgment; trustee.
Section 545.645 - Terms of contract; parties; execution.
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 545.685 - Establishing bank account for payment of labor and emergency expenses.