Oregon Statutes 545.283 – Joinder of districts in acquisition or construction of irrigation or other water use works
(1) Two or more irrigation districts or other water users’ organizations, organized under the laws of this state or of any adjoining state, may enter into agreements with each other and with the United States for the joint acquisition, operation, maintenance, management, control, construction, care, repair or improvement of works for diverting, impounding, distributing, irrigating or draining of lands within the boundaries of the districts or other water users’ organizations. Subject to ORS § 545.257, agreements made under this section may include provisions to furnish water for domestic and municipal uses to premises and inhabitants within the boundaries of the districts or other water users’ organization.
Terms Used In Oregon Statutes 545.283
- board of directors: means the governing body of a district. See Oregon Statutes 545.002
- District: means an irrigation district organized or operating under this chapter. See Oregon Statutes 545.002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) Agreements entered into under this section may be evidenced by written contracts executed on behalf of the board of directors or trustees of each district or water users’ organization or by resolutions entered upon their minutes. The contracts or certified copies of them and certified copies of the resolutions may be recorded in the office in which deeds are recorded in each county in which is situated any of the land, works or other real property of the district or other water users’ organization.
(3) Agreements made under this section may provide for joint ownership, several ownership or ownership in common of the property convenient for the joint purposes of the parties to the agreement and may provide for the terms under which the property or respective portions of the property shall be held.
(4) Any rights or disputes arising out of or from the agreements may be tried before and enforced by any court of competent jurisdiction in this state.
(5) The districts or other water users’ organizations joined in any agreement under this section are jointly granted the same power of condemnation as is now possessed by one district or organization alone.
(6) Any meeting of the governing board of a district or other water users’ organization of this state, regularly adjourned to or called substantially in the manner for calling special meetings, may be held in another state, in conjunction with the board of a cooperating district or organization of such other state, with the same validity as if held in the office of the district or organization in this state.
(7) In carrying out cooperative action under this section between a district or other water users’ organization of this state and one of an adjoining state, either district or organization may divert water from either or both states, for impounding in the adjoining state, or for distribution to the land of either or both of the cooperating districts or organizations.
(8) So far as necessary for carrying out the purposes of this section, a cooperating district or other water users’ organization in an adjoining state may hold title to property in this state, and a cooperating district or organization in this state may hold title to property in the adjoining state. [Formerly 545.124]
[Amended by 1989 c.182 § 20; 1995 c.42 § 161; renumbered 545.635 in 1995]
[Amended by 1989 c.182 § 21; 1995 c.42 § 162; renumbered 545.637 in 1995]