Oregon Revised Statutes Chapter 758 § 758.320 — Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations;
Oregon Revised Statutes Chapter 758 ·
Oregon Code § 758.320·Enacted ·Last updated March 01, 2026
Statute Text
Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations;
existing franchise; exception.
(1) The provisions of ORS 758.300 to 758.320 shall not be construed to restrict
the powers granted to cities to issue franchises or to restrict the powers of
condemnation of a municipality.
(2) The
provisions of ORS 758.300 to 758.320 shall not be construed to restrict the
formation of homeowners associations pursuant to ORS chapter 94, cooperatives
pursuant to ORS chapter 62 or districts pursuant to ORS chapter 198 within the
designated exclusive service territory of a water utility. A homeowners
association, cooperative or district may petition the Public Utility Commission
for an order excluding the association, cooperative or district from the
exclusive service territory of a water utility. Upon a showing by the
association, cooperative or district that exclusion is not detrimental to the
public interest, the commission may issue an order excluding the association,
cooperative or district from the exclusive service territory of a water utility.
(3) The
commission shall recognize the service territories of a water utility that has
an existing franchise on October 23, 1999, with a municipality as exclusive
service territories. Upon application as provided in ORS 758.302, any such
water utility may request an order from the commission to designate exclusive
service territories in addition to those identified in the franchise agreement
if the water utility is providing adequate and exclusive service to areas
outside the areas identified in the franchise agreement.
(4) A district,
as defined in ORS 198.010, that provides water utility service shall be exempt
from the requirements of ORS 758.302. However, upon request of the commission,
the district shall provide to the commission a map of its service territory and
shall in all other respects comply with the requirements of ORS 758.300 to
758.320. [1999 c.695 §8; 2003 c.202 §6]
Note:
See note under 758.300.
ELECTRIC AND GAS
UTILITIES; ALLOCATION OF TERRITORIES AND CUSTOMERS
Plain English Explanation
This Oregon statute addresses Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations;
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 758.320
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations;
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