(a) That the delivery of water to the lands will not result in an inadequate supply of water deliverable to the other lands within the district charged or assessed at that time; and
(b) That the lands can be served by the facilities of the district without impairing the ability of the district adequately to serve the lands previously charged or assessed.
(2) After making the determination required by subsection (1) of this section the board of directors may, as a condition for the delivery of water and the charging or assessment of the lands, require that the applicants contract to pay to the district such sums as the board determines. However, these sums shall not exceed the amount the applicants or their predecessors in interest would have been required to pay to the district for charges and assessments for the payment of their pro rata share of all bonds previously issued and the interest on the bonds, or other indebtedness incurred by the district, had such lands been included in the district when such bonds were issued or such indebtedness incurred. However, there shall be credited to these sums any amount previously paid on behalf of these lands on the bonds or indebtedness.
(3) The charges made under subsection (2) of this section shall be set forth in the order allowing the inclusion of the lands in the district. A certified copy of the order shall be recorded in the same manner as provided by ORS 545.079 and the charges and assessments paid, collected and enforced as provided by that section.
(4) For the purposes of this section the summit of the Cascade Mountains is considered to be a line beginning at the intersection of the western boundary of Hood River County with the northern boundary of the State of Oregon, thence southerly along the western boundaries of the counties of Hood River, Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon. [Formerly 545.065]
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.