(1) To sue and be sued.
(2) To contract and be contracted with.
(3) To have, use and alter a corporate seal.
(4) To purchase, condemn by the power of eminent domain, possess and dispose of real and personal property as necessary and convenient to carry out the purposes of the corporation, and to take, hold, possess and dispose of all real and personal property donated to the corporation to carry out the purposes of the corporation.
(5) To appoint subordinate officers, employees and agents as the corporation requires, and prescribe their duties and compensation.
(6) To make, establish or amend bylaws, rules and regulations, not inconsistent with the laws of the state, the articles of incorporation, or the covenants and provisions of the landowners’ notice provided in ORS 554.170 to 554.190, if any is filed, prescribing the manner and mode of conducting the business of the corporation, distributing and using water in domestic use, irrigating land, using any drainage or flood control works, collecting and treating sewage and enforcing the collection of rates, tolls, charges, fees, fines and assessments. Bylaws, rules and regulations must be ratified by two-thirds of the votes of the members of the corporation.
(7) To prescribe, fix, make and charge and collect from the water users or those who receive the benefits of the corporation, rates, tolls, fees, fines and charges for maintenance and operation of the corporation, use of water or for the works of the corporation, or for violation of any of the bylaws, rules and regulations of the corporation. The rates, tolls, fines, fees and charges shall be a lien on the crops produced as prescribed in ORS 545.275, and may be a lien upon the land to which the water was furnished, or benefit was provided, as prescribed in ORS 554.135.
(8) To make, levy and collect assessments either ratably or in proportion to the benefits received as provided by the bylaws or recorded landowners’ notice, upon the lands described in the articles of incorporation to fund the corporation for any purpose, including maintenance and operation, estimated delinquencies on assessments, principal and interest of maturing indebtedness, and reserve necessary or provided by the bylaws, subject to the limitations, restrictions and provisions of the recorded landowners’ notice. [Amended by 1987 c.94 §148; 1991 c.459 §432d; 2013 c.284 §2]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 554 - Corporations for Irrigation, Drainage, Water Supply or Flood Control
Section 554.005 - Filing requirements.
Section 554.007 - Effective time and date of document.
Section 554.009 - Correcting filed document.
Section 554.011 - Penalty for signing false document.
Section 554.015 - Filing duty of Secretary of State.
Section 554.018 - Evidentiary effect of copy of filed document.
Section 554.019 - Certificate of existence.
Section 554.020 - Articles of incorporation; filing.
Section 554.040 - Contents of articles.
Section 554.060 - Challenge to validity of organization; effect of defects or omissions.
Section 554.070 - Membership; meetings; voting; proxies; voting trusts; quorum; removal of officers.
Section 554.080 - Corporate existence; powers of corporation.
Section 554.082 - Registered office and registered agent.
Section 554.084 - Change of registered office or registered agent.
Section 554.086 - Resignation of registered agent.
Section 554.088 - Service on corporation.
Section 554.110 - Powers of directors.
Section 554.135 - Alternative method for collecting assessments.
Section 554.140 - Directors’ duty to institute proceedings to enforce lien; attorney fees.
Section 554.180 - Landowners’ notice; contents.
Section 554.190 - Recording notice; effect; lien on land; priority.
Section 554.210 - Plans and specifications; how adopted.
Section 554.230 - Bonds; recitals; payment; liability of land.
Section 554.275 - Activity of corporation as urban service.
Section 554.302 - Dissolution of corporation by Secretary of State; conditions.
Section 554.307 - Reinstatement of dissolved corporation.
Section 554.309 - Denial of reinstatement; appeal.
Section 554.315 - Annual report; contents; filing with Secretary of State; amended report.
Section 554.340 - Judicial determination of legality of proceedings.
Section 554.350 - Service to lands outside district; findings; tax exemption.
Section 554.440 - Malheur Improvement Company; exclusion or inclusion of land.
Section 554.530 - Application; contents; deposit; filing.
Section 554.570 - Effect of exclusion on existing debts.
Section 554.580 - Condition of approval of inclusion.
Section 554.590 - Articles of amendment; filing; effective date.