264.110
Formation of domestic water supply district; sale of surplus water; exemptions. A domestic water supply district
may be formed for the purpose of supplying inhabitants of the district with
water for domestic purposes as provided by this chapter; and, in connection
therewith, may supply, furnish and sell for any use any surplus water over and
above the domestic needs of its inhabitants to persons living outside the
district, or to other water districts, school districts or other local
governments as defined in ORS 174.116. All railroad rights of way or
improvements thereon or rolling stock moving thereover shall be excluded from
districts organized after June 9, 1943, and for purposes of ORS 264.210 to
264.320, 264.410, 264.420, 264.430, 264.470 and this section shall not be
considered as property within the boundaries of such districts, unless the
owner of the railroad property expressly consents to its inclusion. [Amended by
1969 c.666 §2; 2003 c.802 §81]
Notes of Decisions
Miller v. Water Wonderland Improvement Dist., 918 P.2d 849 (Or. Ct. App. 1996).
· cites it 2× “Because Water Wonderland is a public corporation that provides selected governmental services within a specific geographic area, it satisfies all of the relevant criteria for a special district under Oregon law. In the absence of a reason to believe that "special district" has a…”
Piazza v. Clackamas Water Dist., 535 P.2d 554 (Or. Ct. App. 1975).
“It is of no consequence that in the course of scheduled maintenance and replacement the District may choose to “upgrade” its system by substituting a larger main for that “replaced.”
Multnomah Cnty. v. Rockwood Water Dist., 347 P.2d 111 (Or. 1959).
“Many years prior to 1940 the Rockwood Water District was organized under ORS 264.110 and the following sections, for the purpose of supplying water for domestic use of the residents of that outlying district, bounded roughly from 139th to 222nd Streets, and from Division Street…”
Realty Dev. Corp. v. Mt. Scott Water Dist., 409 P.2d 181 (Or. 1965).
“320, which pro- vides : “If any person is required by a' municipal cor- poration incorporated pursuant to ORS 264.110 to property other than his own so that water service for domestic use is provided for such other prop- erty without further extension of the water main, tiie…”
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