Title 48, Special Taxing Districts

A. Bonds issued under this article and bearing the signature of officers in office on the date of the signing thereof are valid and binding obligations, notwithstanding that, before delivery and payment thereof, any of the persons whose signatures appear thereon have ceased to be…

Notwithstanding any other law, all bonds, including refunding bonds, issued pursuant to this chapter are legal investments for savings banks, banks, savings and loan associations, trust companies, executors, administrators, trustees, guardians and other fiduciaries, and for any b…

The board of directors of an irrigation district may, when expedient, issue refunding bonds to refund the bonded indebtedness of the district.

A. Any refunding bonds of the district may be sold at public or private sale in such manner and at such times as may be determined by the board of directors to be most advantageous, and the district may pay all expenses, premiums and commissions which its board of directors deems…

A. When any refunding bonds mature the district treasurer shall give notice for four weeks in a newspaper published in the county in which the district is located of the intention to redeem such bonds, stating the amount thereof. The redemption shall thereupon be made and all suc…

A. The board of directors shall, with respect to the issuance of refunding bonds, have full power and authority in all matters not set forth in this article to make all necessary provisions, rules and regulations, and to fix times, methods and procedure, and to take any and all s…

A. In addition to the power to issue refunding bonds for refunding bonded indebtedness of an irrigation district, the board of directors may also issue refunding bonds to refund district warrants, judgments, liens or other existing lawful indebtedness of the district. B. Bonds is…

A. An irrigation district in default or about to default in the discharge of its financial obligations in respect to any issued and outstanding bonds or the holder of a bond in respect to which an irrigation district may then be in default may petition the state certification boa…

A. The holders of the bonds shall meet together with the board of directors of the district at the time and place of the meeting provided in the notice thereof, organize and proceed immediately to the selection of a committee, which shall be designated and function as (insert nam…

A. Immediately upon selection the committee shall proceed to formulate a plan to be known as "bondholders' agreement" in respect to the district affected and the continuance of its business and affairs in such manner as to restore its solvency at the earliest practicable date, an…

A. The bondholders' agreement shall empower the committee to execute, and the committee shall be charged with the execution of, the plan contained therein, but no action, except as expressly provided in this article, shall be taken by the committee until the judgment of the super…

A. Upon presentation of the petition to the judge of the superior court, either in open court or in chambers, the judge shall direct the district to publish, and the district shall cause to be published, as nearly concurrently as practicable, for at least four consecutive weeks i…

After the expiration of ninety days from the date of the first publication of notice in such financial journal the holders of outstanding bonds failing to file their objections and protests with the court shall be deemed to have consented to refunding, compromise or settlement of…

A. After the expiration of ninety days from the date of the first publication of the notice in such financial journal the board of directors shall file in the superior court a verified return of its acts under the order of the court theretofore made, attaching thereto affidavits …

A. The procedure in the superior court under the provisions of this article shall be in the nature of an equitable proceeding in rem. B. The court in inquiring into the regularity, legality or correctness of the proceedings shall disregard any error, irregularity or omission whic…

If the bonds of the district deposited with the state treasurer at the end of two years from the date of the adoption of the bondholders' agreement are less than fifty-one per cent of the principal amount of all bonds of the district then outstanding, the bondholders' agreement s…

If the committee determines at any time that it is necessary or desirable to change or deviate from the terms, conditions and proposals of the plan adopted and set forth in the bondholders' agreement, it shall reduce the proposed change or deviation to writing and submit it to th…

Any bondholders may at any time deposit his bonds with the state treasurer and thereafter be entitled to the benefits and subject to the liabilities of the bondholders' agreement and any amendments thereof.

A. The actual and necessary expenses of the bondholders' committee incurred in the performance of the duties imposed by this article or by the bondholders' agreement shall be paid as other operating expenses of the district. The total amount of such expenses shall not exceed one …

Immediately upon the bondholders' agreement becoming effective, the committee may perform, enforce and carry out the terms and conditions of the bondholders' agreement, with all of the powers expressed therein or implied therefrom.

A. When all bond obligations of the district accrued or to accrue during the operation of the bondholders' agreement, and the expenses incident thereto, have been discharged in full, and upon the certificate of the state treasurer to that effect filed with the state certification…

Upon granting the petition and during the retention of jurisdiction by the committee, if there are in the district treasury at any time funds available for the payment of bonds or interest thereon, but such amount is not sufficient to pay all outstanding bonds, interest coupons, …

When the committee has acquired jurisdiction under this article, and during the continuance thereof, no bond interest coupon shall be received or accepted in payment or discharge of any district tax other than and except for the payment of taxes levied for the payment and satisfa…

In this chapter, unless the context otherwise requires, "owner" means the person who appears upon the records of the office of the county recorder as the holder of legal title in fee simple to land within the district. When it appears from the records of the clerk of the superior…

A. Irrigation water delivery districts shall be bodies corporate for the purposes specified in this chapter and shall have the rights, privileges and powers conferred by law, but the districts shall not be considered municipal corporations. B. The district shall have perpetual su…

Failure to use irrigation water for five or more years shall not be an abandonment or forfeiture of water rights pertaining to lands included within an irrigation water delivery district as long as the district taxes are paid thereon.

This chapter shall not be construed to repeal any other act, statute or part of statute providing for the organization of irrigation or other similar districts.

When the owners of a majority of the acreage of lots or parcels, contiguous or noncontiguous, of land entitled to or capable of receiving irrigation water from the same ditch or ditch system, pipe line or system of pipes desire to provide for the delivery of irrigation water to t…

A. For the purpose of organizing an irrigation water delivery district as provided in this chapter, a petition shall be filed in the office of the board of supervisors of the county in which the lands proposed to be organized are located. The petition shall contain: 1. A statemen…

A. When the petition is filed with the board of supervisors, the board shall examine it and investigate the signatures thereon. If the board finds that the petition conforms to the provisions of this chapter, it shall fix the amount of probable expenses which will be incurred in …

A. At the time fixed for the hearing, any owner of land within the proposed district may appear and object to the organization thereof, or to the proposed boundaries thereof, or to the inclusion of his land therein. The board of supervisors shall hear and consider all of the obje…

When a petition filed as provided in section 48-3422 purports to be signed by the owners of the entire acreage in the proposed district and the board of supervisors finds that it is in fact signed by the owners of all of the acreage, the board may immediately enter an order decla…

The validity of the organization of the district shall not be questioned in any court, except by the state, unless the action questioning the validity is filed within one year after the order declaring the district organized is filed in the office of the county recorder.

A. Upon application signed by a majority of the board of trustees and by the owners of the lands proposed to be admitted or excluded, additional lands may be included in or excluded from the district by order of the board of supervisors. B. Upon application signed by a majority o…

The board of supervisors may dissolve any district organized under this chapter. Dissolution shall be ordered only on filing of a petition similar to the petition required on organization, except that the petition need not describe the boundaries of nor the lands within the distr…

A. The management and control of an irrigation water delivery district is vested in a board of trustees which shall consist of three persons who are landowners within the district. The board may employ personnel necessary to conduct the affairs of the district. Attorneys and engi…

Before entering upon his duties, each member of the board shall execute a bond in the amount of one thousand dollars, conditioned upon the faithful performance of his duties and that he will account for all district funds or property coming into his possession. The bond shall be …

A. The trustees appointed at the organization of the district, or elected thereafter, shall hold office for two years from January 1 following their appointment or election and until their successors are elected or appointed and qualified. B. The office of a trustee who removes f…

A. The regular election for trustees shall be held biennially on the third Wednesday in November next prior to the expiration of the regular term of the incumbent board. The election shall be held at a convenient place within the district, or in proximity thereto, to be determine…

A. Immediately after qualifying, the members of the board shall meet and elect a secretary, who may be one of their number. If the secretary is absent from any board meeting any member present may be appointed to act in his stead. B. The secretary shall keep minutes of all board …

A. The board may borrow money, incur indebtedness and issue warrants against the district treasurer for the payment of the compensation of employees, purchase of material or equipment, payment of obligations of the district incurred under contracts for water service or other dist…

A. Each landowner within the district shall immediately after the organization thereof place the ditch, pipe line or conduit and other facilities connected therewith through which irrigation water is delivered to his land, in fair condition. If no such ditch, pipe line or conduit…

Any irrigation water delivery district may use the public highways, roads, streets and alleys in or outside the district which may be needed for rights of way, subject to such reasonable restrictions as may be imposed by the board of supervisors of the county or by the governing …

A district may contract to provide irrigation service to lands not included within the district, at charges which shall be not less and on terms not more favorable than for similar service to district lands, including all overhead expense and costs provided for by taxation and ot…

The delivery of water to landowners under this chapter shall be subject to the laws of this state with respect thereto, to the provisions of this chapter, and to such rules and regulations not inconsistent with law as the board of trustees may adopt, or to the provisions of any c…

A. The board of supervisors may suspend the functions of delivering and distributing irrigation water and of maintaining the ditches, pipe lines and other facilities for delivering irrigation water of any irrigation water delivery district upon application in the same form and by…