Chapter 264 Oregon Laws 2001

AN ACT

HB 3858

Relating to water control districts; creating new provisions; amending ORS 553.210; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 553.210 is amended to read:

553.210. (1) The electors of a district shall elect a board of directors whose number shall be fixed at five, seven or nine by the county court during formation proceedings. Directors shall be owners of land within the district and subject to the current charges and assessments of the district. The directors need not reside within the district.

(2) Each director shall be elected for a term of four years, commencing July 1, except the directors elected at the first election immediately following creation of the district. The directors first elected shall determine their terms by lot as follows:

(a) If there are nine directors, the terms of four shall expire June 30 next following the first regular district election and the terms of five shall expire June 30 next following the second regular district election.

(b) If there are seven directors, the terms of three shall expire June 30 next following the first regular district election and the terms of four shall expire on June 30 next following the second regular district election.

(c) If there are five directors, the terms of two shall expire June 30 next following the first regular district election and the terms of three shall expire June 30 next following the second regular district election.

(3) The board of directors shall fill any vacancy on the board as provided in ORS 198.320.

(4) The board of directors or 10 or more landowners may petition the county court to change the number of directors on the board of directors. If the court acts favorably on the petition, it shall enter an order which designates the terms of office of the five, seven or nine directors in general accordance with the provisions of this section so that the number remaining on the board will be divided into two equal or approximately equal groups as to terms. The change in the number of board members shall take place on July 1 next following the order.

SECTION 2. (1) The amendments to ORS 553.210 by section 1 of this 2001 Act apply to water control district boards of directors on and after the effective date of this 2001 Act.

(2) If a director or a director-elect is no longer eligible to serve as a director when the amendments to ORS 553.210 by section 1 of this 2001 Act take effect, the director or director-elect is discharged and the board of directors shall fill the vacancy as provided in ORS 198.320.

SECTION 3. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor May 30, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date May 30, 2001

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