71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2789
 
LC 2082/HB 2789-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2789
 
              By COMMITTEE ON WATER AND ENVIRONMENT
 
                              May 2
 
  On page 1 of the printed bill, line 2, after 'provisions; '
delete the rest of the line and line 3 and insert 'amending ORS
545.482, 545.484, 545.494, 545.496, 545.498, 545.502, 545.504,
545.506, 545.507 and 545.508; and repealing ORS 545.500.'.
  In line 6, delete 'levy and collection of as-'.
  In line 7, delete 'sessments and for the' and after the first
'of' insert 'incurred'.
  In line 14, delete 'all assess-' and insert 'incurred charges'.
  In line 15, delete 'ments'.
  In line 19, delete 'charges and assessments' and insert '
incurred charges'.
  In line 20, delete 'whole' and insert 'total'.
  On page 2, line 1, delete 'charge or assessment' and insert '
incurred charge'.
  In line 2, delete 'charge or' and insert 'incurred charge'.
  In line 3, delete the first 'assessment' and delete ' charge or
assessment' and insert 'incurred charge'.
  In line 6, delete 'irrigable' and after 'district' insert '
that is entitled to irrigation'.
  In line 8, delete 'shall' and insert 'may'.
  In line 10, delete 'do not receive' and insert 'are not
entitled to'.
  In line 13, delete 'charges and assessments' and insert '
incurred charges'.
  After line 14, insert:
  ' (6) A person is deemed to have requested water and other
services and improvements provided by the district if the person
signed a petition requesting the formation of an irrigation
district under ORS 545.025, requested that the land of the person
be included in the district pursuant to ORS 545.057 or paid an
incurred charge on or before the delinquency date fixed by the
resolution and the person has not:
  ' (a) Excluded the land from the district pursuant to ORS
545.099;
  ' (b) Transferred all water rights from the land pursuant to
ORS 540.505 to 540.580 for the period of time that the incurred
charge was incurred; or
  ' (c) Otherwise requested that water and other services and
improvements no longer be provided to the land.
  ' (7) Notwithstanding subsection (3) of this section, if a
person was denied approval to transfer all water rights from the
land pursuant to ORS 540.523 or 540.530 or another provision for
the period of time that the incurred charge was incurred, the
district may assess an incurred charge against the person only if
the incurred charge is based on the actual quantity of water used
by the person.'.
  In line 16, delete 'Charges and assessments' and insert '
Incurred charges'.
  In line 19, delete 'charges and assessments' and insert '
incurred charges'.
  In line 20, after the period delete the rest of the line and
lines 21 through 24.
  In line 25, delete 'a charge or assessment' and insert 'an
incurred charge' in both places.
  In line 26, delete 'charge or'.
  In line 27, delete 'assessment' and insert 'incurred charge'.
  In line 31, after 'collected' insert a period and delete the
rest of the line and line 32.
  In line 36, delete 'charges and assessments' and insert '
incurred charges'.
  In line 41, delete 'charges and assessments' and insert '
incurred charges'.
  In line 45, delete 'charges or assessments' and insert '
incurred charges'.
  On page 3, delete lines 12 through 14 and insert:
  '  { +  SECTION 5. + } ORS 545.494 is amended to read:
  ' 545.494. (1) If any   { - charge or assessment - }
 { + incurred charge + } remains unpaid beyond the due date of
the   { - charge or assessment - }  { +  incurred charge + }, the
secretary of the district may file a notice of claim of lien with
the recording officer of the county of each county in which land
is situated which received or was entitled to receive the benefit
of the water delivery for which the   { - charge or
assessment - }   { + incurred charge + } has been made. The
notice of claim of lien shall be in writing and must contain:
  ' (a) The name of the water user to whom the water was
delivered or was deliverable;
  ' (b) A statement of the amount claimed past due; and
  ' (c) A description of the land which received or was entitled
to receive the benefit of the water delivery sufficient for
identification.
  ' (2) Upon filing of the notice, the   { - charge or
assessment - }  { +  incurred charge and costs of filing and
removing the notice  + }shall become a lien upon all lands
described in the notice in the amounts set forth opposite each
tract of land. The lien shall be prior to all encumbrances of
whatever kind or nature, whether executed before or after the
lien of the irrigation district is created, or whether recorded
or registered or not. The lien of the irrigation district upon
each tract of land shall be subject to all lawful taxes levied
and assessed for state and county purposes by the county in which
the land is located. The lien of the irrigation district shall
not be subject or inferior to any claim, lien or assessment of
any other taxing district, whenever levied, or whether extended
on the county tax rolls for collection or not.
  '  { +  SECTION 6. + } ORS 545.498 is amended to read:
  ' 545.498. Before handling or receiving any funds or collecting
any   { - charges or assessments - }   { + incurred charges + }
as provided in ORS 545.482 to 545.508, the secretary of the
district shall give a good and sufficient surety bond by an
authorized surety company, in an amount that the board of
directors may determine. The cost of the bond shall be paid by
the district. The bond shall be approved by the board and filed
in the office of the district. The amount of the bond may be
varied from time to time by order of the board.
  '  { +  SECTION 7. + } ORS 545.504 is amended to read:
  ' 545.504. At any time prior to sale, or at the time of sale,
as provided by ORS 545.502, the former owner,   { - charge or
assessment - }   { + incurred charge + } payer, or holder of
legal or equitable title or lien upon or to any tract of land
included in the foreclosure and decree may withdraw the tract of
land from the foreclosure and sale by paying the amount of the
lien foreclosed, together with the amount of state and county
taxes that the irrigation district may have paid, and a
proportionate amount of the costs incurred in the foreclosure
proceeding. If the payment is to be made prior to the decree, the
payment shall be tendered to the clerk of the court, together
with written appearance in the suit. If the payment is to be made
after the decree is entered, the payment shall be tendered to the
sheriff ordered to hold the sale. If payment is made before
decree, the tract shall be dismissed from the foreclosure
proceeding. If payment is made after decree, the district shall
issue satisfaction of lien to the former owner,   { - charge or
assessment - }   { + incurred charge + } payer, or holder of
legal or equitable title or lien upon the tract, and file the
satisfaction of lien for record.
  '  { +  SECTION 8. + } ORS 545.506 is amended to read:
  ' 545.506. At any time after any   { - charge or assessment - }
 { +  incurred charge + } on a tract of land under ORS 545.482 to
545.508 becomes delinquent, the irrigation district may pay any
state and county taxes that are due or delinquent on the tract of
land and add the amount paid to the lien of the district against
the tract.
  '  { +  SECTION 9. + } ORS 545.507 is amended to read:
  ' 545.507. When authorized by a resolution of its board of
directors, an irrigation district whose board of directors has
provided for the collection of   { - charges and assessments - }
 { + incurred charges + } of the district in the manner provided
in ORS 545.482 to 545.508 may:
  ' (1) Borrow moneys for payment of its operation and
maintenance costs and expenses in an amount not to exceed 50
percent of the operation and maintenance charge per acre for each
acre within the district or the amount of its uncollected charges
for operation and maintenance, whichever is greater; and
  ' (2) Issue and deliver as evidence of the indebtedness the
promissory notes of the district bearing interest. The promissory
notes shall be payable at such time as its board of directors
shall determine and may contain provisions for payment of the
attorney fees of the holder of the notes if suit or action is
commenced for the collection of the notes. The district may agree
that all or any part of the uncollected   { - charges and
assessments - }  { +  incurred charges + } shall be applied in
payment of the promissory notes when collected.
  '  { +  SECTION 10. + } ORS 545.508 is amended to read:
  ' 545.508. Any irrigation district collecting   { - charges and
assessments - }   { + incurred charges + } as provided in ORS
545.482 to 545.508 shall deposit all moneys collected in such
banks as the board of directors may determine. The amounts
collected for operation and maintenance, construction, bond
principal, interest, or other purposes shall be kept in separate
funds and accounted for separately. Moneys in the funds shall be
paid out only upon order of the board by checks or drafts signed
by the president and secretary of the board.
  '  { +  SECTION 11. + }  { + ORS 545.500 is repealed. + }
  '  { +  SECTION 12. + }  { + The amendments to ORS 545.482,
545.484, 545.494, 545.496, 545.498, 545.502, 545.504, 545.506,
545.507 and 545.508 by sections 1 to 10 of this 2001 Act and the
repeal of ORS 545.500 by section 11 of this 2001 Act apply to
fiscal years beginning on or after the effective date of this
2001 Act. + } ' .
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