71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2081
 
                         House Bill 2788
 
Sponsored by Representative LEE (at the request of Oregon Water
  Resources Congress)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Explicitly includes ditches and pipelines in list of irrigation
district property that gives district authority to enter land of
water user, to condemn property and to make special assessment of
specially benefited land.
 
                        A BILL FOR AN ACT
Relating to irrigation district property; amending ORS 545.099,
  545.237, 545.239, 545.249, 545.287, 545.293, 545.335, 545.385,
  545.471 and 545.482.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 545.099 is amended to read:
  545.099. (1) The owners in fee of one or more tracts of land or
the holders of an uncompleted title to government or state lands
 { - which - }   { + that + } constitute a portion of an
irrigation district may jointly or severally file with the board
of directors a petition requesting that those tracts be excluded
and taken from the district. The petition shall state the grounds
upon which it is requested that the lands be excluded. The
petition shall also describe the boundaries of the tracts sought
to be excluded and the lands of the petitioners   { - which - }
 { + that + } are included within those boundaries. The
description of the lands need not be more particular or certain
than is required when the lands are entered in the assessment
book by the county assessor.
  (2) Upon receipt of a petition for exclusion, the board of
directors shall review the petition and shall enter its order
approving the petition. The board may approve the petition
subject to the requirements of ORS 545.051, 545.097 or 545.126 or
may approve the petition without conditions, as the board
considers appropriate. The board, as a condition of exclusion,
may require the petitioners to pay all costs of exclusion,
including but not limited to recording fees, a reasonable
administrative fee and all past due charges and assessments of
the district attributable to the petitioners and the lands of the
petitioners. When any district facilities, including but not
limited to ditches, pipelines,  { + canals, + } headgates or
other waterworks, are on the lands of the petitioners, if the
petitioners propose to change the use of the land, the district
may require the petitioners to provide measures to protect those
 
facilities and may require that appropriate easements be provided
if there are none of record.
  SECTION 2. ORS 545.237 is amended to read:
  545.237. (1) The board of directors, its officers or an agent
or employee of the board of directors may enter upon land of a
water user of the district for inspection, maintenance and
regulation of ditches, pipelines, gates, pumps or other water
works { +  in accordance with district bylaws, rules and
regulations and conservation plans + }. In the absence of an
emergency, the district shall provide adequate and appropriate
notice prior to entering upon the land of the water user.
  (2) Any person exercising the right of entry granted under this
section shall not cause unnecessary damage to the property of the
water user. The landowner shall not be responsible to the person
or the district for any injury or damage to the person or
district arising out of or occurring by reason of the entry,
except when the landowner intentionally causes injury or damage
to the person or district.
  (3) The right of entry granted by this section shall not
constitute a right of entry by the public onto the premises of
the landowner.
  SECTION 3. ORS 545.239 is amended to read:
  545.239. (1) The board of directors and its agents and
employees have the right to enter upon any land to make surveys,
and may locate the necessary irrigation or drainage works and the
line for any canals { + , ditches, pipelines + } and the
necessary branches for the works or canals { + , ditches or
pipelines + } on any lands   { - which - }  { +  that + } may be
considered best for such location. The board also has the right
to acquire, by lease, purchase, condemnation or other legal
means, all lands, water, water rights, rights of way, easements
and other property, including canals { + , ditches, pipelines + }
and works and the whole of irrigation systems or projects
constructed or being constructed by private owners, necessary for
the construction, use, supply, maintenance, repair and
improvement of any canals { + , ditches, pipelines + } and works
proposed to be constructed by the board. The board also has the
right to so acquire lands, and all necessary appurtenances, for
reservoirs, and the right to store water in constructed
reservoirs, for the storage of needful waters, or for any other
purpose reasonably necessary for the purposes of the district.
  (2) In the acquisition of property under subsection (1) of this
section, the district has the right to acquire by condemnation
property already devoted to public use   { - which - }
 { + that + } is less necessary than the use for which it is
required by the district, whether used for irrigation or any
other purpose, and any other properties owned by the state or any
of its departments or commissions. In the acquisition of property
or rights by condemnation, the board shall proceed in the name of
the district under the provisions of the laws of Oregon.
  SECTION 4. ORS 545.249 is amended to read:
  545.249. The use of all water required for the irrigation of
the lands of any district formed under the Irrigation District
Law, together with all water rights and rights to appropriate
water, rights of way for canals { + , pipelines + } and ditches,
sites for reservoirs, and all other property required in fully
carrying out the Irrigation District Law, is declared to be a
public use more necessary and more beneficial than any other use,
either public or private, to which the water, water rights,
rights to appropriate water, lands or other property have been or
may be appropriated within the district.
  SECTION 5. ORS 545.287 is amended to read:
  545.287. (1) This section applies:
  (a) When a parcel of land lying within an irrigation district
is subdivided or partitioned into tracts, and the owner has made
no provision   { - which - }   { + that + } in the opinion of the
board of directors is adequate for the proper distribution of
water to the tracts; or
  (b) When improvements for the distribution or delivery of water
to any tract of land are not owned by the district and the owner
or person in control of the improvement fails to maintain, repair
or replace the improvement as required for the proper and
efficient distribution or delivery of water to any tract.
  (2) When the interest or convenience of such tracts requires
the construction, repair or maintenance of any ditch, flume,
dike, aqueduct { + , pipeline + } or other improvement, the board
may construct, repair or maintain the improvement. In order to
defray the whole or any portion of the cost and expense of the
improvement, the board may levy and collect an assessment upon
all tracts specially benefited by the improvement or provide for
a charge against the landowner of any tract specially benefited
by the improvement. The board may determine what lands are
specially benefited by the construction, repair or maintenance,
and the amount   { - to which - }  { +  that + } each tract is
benefited.
  SECTION 6. ORS 545.293 is amended to read:
  545.293. (1) When the board of directors considers it expedient
or necessary to construct, repair or maintain ditches, flumes,
dikes, aqueducts { + , pipelines + } or other improvement, as
provided in ORS 545.287, or to employ the services of some
competent person to distribute and apportion water for any
subdivision, as provided in ORS 545.291, the board shall declare
its intention by resolution.
  (2) A resolution shall be posted in three public places in the
subdivision for five days. Within 10 days from the date when the
resolution is posted, the owner of any property within a tract
may file with the secretary a written remonstrance against the
proposed improvement or employment. The board hearing the
remonstrances may, in its discretion, overrule any remonstrance
and, by resolution, order construction, repair or maintenance of
the improvements. The board may either enter into a contract to
complete the improvement or, in its discretion, complete the
improvement under its own supervision. After the work on the
improvement is completed the board shall, by resolution,
apportion the costs and declare an assessment upon each tract
benefited. The assessments declared under this section shall be
final and conclusive.
  SECTION 7. ORS 545.335 is amended to read:
  545.335. When it appears necessary, proper or beneficial to
drain any of the lands within the district, either for the
benefit of the lands actually requiring drainage or for the
protection of other lands within the district, and without regard
to whether or not the irrigation works have been actually
acquired or constructed, an irrigation district may cause
drainage canals { + , ditches, pipelines + } and works to be
constructed. When exercising the authority granted by this
section relating to drainage, the district shall have the same
power and authority as is conferred on the district with regard
to irrigation. All powers in the Irrigation District Law
conferred upon irrigation districts with respect to irrigation
shall be construed to include drainage.  However, any bonds
issued solely for drainage purposes shall be known as 'Drainage
Bonds of ___ Irrigation District.  '
  SECTION 8. ORS 545.385 is amended to read:
  545.385. (1) Notwithstanding ORS 545.381 or 545.482 to 545.508,
an irrigation district that assesses land in the district under
ORS 545.381 or 545.482 to 545.508 may assess any land within the
district to which the district furnishes or supplies water for
irrigation purposes and   { - which - }  { +  that + }:
  (a) Lies above the level of the  { + pipelines, + } canals or
ditches of the district and is irrigated by pumping by the
landowner;
  (b) Is irrigated by a partial, supplemental or intermittent
supply of water from the district;
  (c) Is irrigated by impounded water of the district; or
  (d) Is irrigated by water of the district   { - which - }
 { + that + } is subject to prior use by other lands within the
district.
  (2) The amount of the assessment on land described in
subsection (1) of this section shall be an amount that the board
determines to be just, taking into consideration the benefit to
the land assessed and extra expenses, if any, of the landowner or
holder in using such water. However, the amount may not exceed
the amount assessed against irrigable acres lying below the level
of the  { + pipelines, + } canals or ditches of the district.
  (3) Notwithstanding ORS 545.381 or 545.482 to 545.508, an
irrigation district   { - which - }   { + that + } assesses land
in the district under ORS 545.381 or 545.482 to 545.508 may
assess a service charge, in addition to the regular assessment,
against subdivided and small tract lands that have appurtenant
water rights and to which irrigation water is furnished or is
available for delivery.  A service charge authorized by this
section shall be assessed against lands only when delivery of
water to these lands requires operation, construction and
maintenance costs substantially greater than operation,
construction and maintenance costs involved in delivering water
to the majority of other lands in the district. All such small
tract or subdivided lands shall be placed in groupings rounded up
to the next whole acre, and each grouping shall be assessed as a
single class.
  SECTION 9. ORS 545.471 is amended to read:
  545.471. (1) For the purpose of defraying the expenses of the
organization of the district, and of the care, operation and
management, repair and improvement of the portions of the
canals { + , ditches, pipelines + } and works that are completed
and in use, including salaries of officers and employees, the
board shall fix charges for irrigation and other public uses. The
board, by resolution, may provide for collecting the charges from
all persons using the canals { + , ditches and pipelines + } for
irrigation and other purposes, and may require the collection to
be made by the secretary of the board and disbursed by the
secretary on order of the board.
  (2) The board may designate the time and manner of making the
collections of charges, may require them to be paid in advance of
the delivery of water and may accept short-term interest-bearing
notes for any portion of the charges. In establishing its
charges, the board may consider the quantity of water to be
delivered, the acres of land entitled to benefits from the
district, the establishment of uniform or graduated rates and
minimum charges, the imposition of additional charges for special
services and for small tracts or other properties   { - which - }
 { + that + } require proportionately greater maintenance and
operation and other factors the board considers reasonable and
appropriate. The board may base its charges upon any or all of
the factors set forth in this subsection.
  (3) In addition to the charges authorized under subsections (1)
and (2) of this section, the board may pass on charges against
individual water users when the district incurs charges, fees,
fines or similar expenses for extraordinary services performed by
the district at the request of the water user or that are
incurred by reason of some action or failure to act by the water
user.
  SECTION 10. ORS 545.482 is amended to read:
  545.482. The board of directors, by resolution, may provide for
the levy and collection of assessments and for the billing and
collection of charges of the district in the manner provided in
ORS 545.482 to 545.508, in lieu of the method provided for in ORS
545.381 to 545.397, 545.413 to 545.422 and 545.683. The
resolution may apply to charges for operation and maintenance, to
assessments for construction or to other charges payable to the
United States or the State of Oregon under the terms of the
contracts of the district with the United States or the State of
Oregon. A resolution under this section may be adopted either
before or after the district has commenced to deliver water
through all or any part of its   { - canal - }  { +  canals,
ditches, pipelines + } or distribution system. If the consent of
all the holders of outstanding bonds of the district has been
obtained, the resolution may provide for the collection of all
assessments for the purpose of retiring bonds and payment of
interest on the bonds, or any part of the bonds.
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