71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2795
Sponsored by Representative LEE (at the request of Oregon Water
Resources Congress)
CHAPTER ................
AN ACT
Relating to water control districts; creating new provisions; and
amending ORS 553.310.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 553.310 is amended to read:
553.310. (1) Whenever the owners of more than 50 percent of the
acreage, exclusive of state and federally owned land, in
{ - any contiguous - } { + a + } body of land located within a
district desire to have the district undertake the construction
or purchase of works and facilities for purposes as set forth in
ORS 553.020 which will benefit their lands, they shall petition
the board for the creation of a subdistrict. The petition shall
state the boundaries proposed for the subdistrict; the name and
address of each person signing the petition; a brief general
statement as to the works the petitioners desire to have
constructed or purchased; and a prayer asking that the lands
described be organized as a subdistrict. The description of the
boundaries of the proposed subdistrict shall be certified to as a
complete and sufficient legal description by a qualified engineer
or land surveyor and such certificate shall be filed with the
board at the time the petition is filed. The petition shall be
considered by the board at its next meeting, and if it meets with
the approval of the board, the board shall adopt an order
creating the subdistrict in which shall be described the
boundaries of the subdistrict. A subdistrict may include all or
any part of the lands within a district. A copy of the order
shall be recorded in each county in which lands within the
subdistrict are located.
(2) Notwithstanding subsection (1) of this section, a
subdistrict created under provisions of this chapter can be
formed in the formation proceedings if:
(a) The petition for formation states the purposes for which
the petitioners request formation of both the district and
subdistrict;
(b) The boundaries of both the district and subdistrict are
coterminous;
(c) The description of the boundaries of the proposed
subdistrict are certified as to complete and sufficient legal
description by a qualified engineer or surveyor; and
(d) Owners of more than 50 percent of the acreage of the land
in the proposed district and subdistrict sign the petition to
form the water control district and subdistrict.
Enrolled House Bill 2795 (HB 2795-INTRO) Page 1
(3) After the creation of a subdistrict as provided by this
chapter, the boundaries thereof may be changed by the inclusion
of lands outside of the subdistrict upon the petition of the
owners of 50 percent of the lands desiring to be included in the
subdistrict. The lands to be added to the subdistrict must be
{ - contiguous to the subdistrict and - } within the
boundaries of the district. The petition shall state the
boundaries of the lands to be included in the subdistrict, the
reason for adding the lands to the subdistrict, the names and
addresses of each person signing the petition and a prayer asking
that the lands described by the petition be annexed to the
subdistrict. The petition shall be filed with the board of
directors. A certificate containing a description of the
boundaries of the subdistrict after the proposed addition,
certified to as a complete and sufficient legal description of
the subdistrict after the proposed annexation by a certified
engineer or land surveyor, shall be filed with the board at the
time the petition is filed. The board of directors shall enter an
order fixing a time and place for a hearing on the petition and
shall either give notice by publication of the hearing or a
notice by mail to all landowners within the boundaries of the
lands proposed for inclusion in the subdistrict. At the hearing
or at any time and place to which the hearing may be adjourned,
the board shall determine what lands proposed to be included
within the subdistrict will be benefited by inclusion in the
subdistrict, and the new boundaries of the subdistrict shall be
described by the order.
SECTION 2. { + The amendments to ORS 553.310 by section 1 of
this 2001 Act apply only to petitions for the creation of a
subdistrict filed on or after the effective date of this 2001
Act. + }
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Passed by House March 1, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 7, 2001
...........................................................
President of Senate
Enrolled House Bill 2795 (HB 2795-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2795 (HB 2795-INTRO) Page 3