Title 43 — IRRIGATION DISTRICTS

43-1301. Petition. Whenever twenty-five (25) or a majority of the landowners in any irrigation district heretofore organized or hereafter to be organized so desire they may petition the board of directors to call a special election for the purpose of submitting to the qualified e…

43-1302. Election — Call for. It shall be the duty of the said board of directors, if it approves said petition, to call an election for the purpose of submitting to the qualified electors of the district the proposal specified in said petition: provided, that no sale or transfer…

43-1303. Election — Notice. Notice of such election must be given by posting notices in three (3) public places in each election precinct in said district at least four (4) weeks before the date of said election and by the publication thereof for the same length of time in some n…

43-1304. Election — Conduct. Such election must be held in all respects as near as practicable in conformity with the provisions of law governing elections upon the organization of irrigation districts. All persons who possess the qualifications of electors under the general laws…

43-1305. Canvass of returns. On the first Monday after any such election the board of directors of the district shall meet at its usual place of meeting to canvass the returns, and when they shall have declared the result the secretary shall make full entry in his record.

43-1306. Petition for confirmation by district court. Immediately after such election, in case the proposal has carried by a majority vote, the board of directors of the irrigation district shall file in the district court of the county in which their office is situated a petitio…

43-1307. Character of proceedings for confirmation. Said proceedings shall be in the nature of a suit to quiet title with respect to so much of the land within said district as is affected by the proposal to modify or dissolve the same. And the decree of the court approving a sal…

43-1308. Decree of confirmation. The court or judge shall set a day for the hearing of such petition and if it appears to the court from the proof adduced thereat that there are no such outstanding bonds, warrants or other indebtedness of such district, or in case there is any su…

43-1309. Dissolution without election — Petition — Conditions. An irrigation district may be dissolved without the holding of the election provided for by this chapter upon complaint or petition of parties holding and owning: (a) Fifty per cent (50%) or more of the issued outstan…

43-1310. Dissolution without election — Parties. In such petition the petitioners or complainants shall be named as plaintiffs and the irrigation district, and its directors, if any there are, and all persons having interest in or claim against the district, without naming them, …

43-1311. Dissolution without election — Appointment of officer to marshal assets — Decree. In the exercise of the jurisdiction given it by this act, the court shall have the power to appoint such referee, master, auditor, or receiver as may be considered necessary or proper to ma…

43-1312. Dissolution without election — Application of other code provisions. The general provisions of this chapter, and the general provisions of sections 5-508, 5-509, and 5-511 relative to issuance, service and publication of process, hearing, entry and execution of judgment …

43-1313. Dissolution without election — Appeal. Each party to any proceeding under this act shall have the right of appeal as in other civil cases.

43-1314. petition. The owners of a majority of the land in an irrigation district that is operated and maintained exclusively to deliver natural flow water rights, who also hold title to the water rights appurtenant to that land, and whose water rights are delivered by an organiz…

43-1315. submission of petition to county. The petition shall be filed with the clerk of the board of county commissioners of the county in which the greatest proportion of the proposed new irrigation district is situated. The petition, together with all maps and other papers fil…

43-1316. maps and water supply data. The petitioners must accompany the petition with a map of the proposed district. The map shall show the location of the canals situated within the boundaries of the proposed partitioned district.

43-1317. bond. The petitioners shall accompany the petition with a bond to be approved by the board of county commissioners in double the amount of the probable cost of the county organizing a new irrigation district, conditioning that the bondsman will pay all costs, in the even…

43-1318. notice of presentation to commissioners. Upon filing of a petition with the clerk of the board of county commissioners, the clerk shall publish a notice that a petition for the partition of an irrigation district has been filed, setting forth the first signature on the p…

43-1319. notice of hearing. When a petition is presented to the board, the board shall set a time for hearing, which time shall not be less than four (4) nor more than eight (8) weeks from the date of the presentation. Notice of the time of hearing shall be published by the board…

43-1320. examination by department of water resources. A copy of the petition and all maps and other papers filed with the board of county commissioners shall be filed in the office of the department of water resources by the board at least four (4) weeks prior to the date set fo…

43-1321. order of the board. If it appears to the board of county commissioners that the holders of evidence of title to a majority of the acreage with water rights delivered by the irrigation district within the boundaries of an existing irrigation district have properly signed …

43-1322. divisions of district for election of directors. The board of county commissioners shall also enter an order dividing the new partitioned irrigation district into not less than three (3) nor more than seven (7) divisions of as nearly equal size as practical, which shall …

43-1323. effective date of partition — challenges to partition. The effective date of the partition of the existing district into two (2) districts shall be as of the date of the order of the board of county commissioners. Following the effective date of the partition order by th…

43-1324. joint works — jointly held property. The irrigation works and any other real or personal property held by the original irrigation district prior to the partition shall belong to the partitioned irrigation districts jointly as provided in this section. All canals and late…

43-1325. joint operation. Whenever the partitioned irrigation districts share irrigation works, canals and laterals after the partition takes effect, a joint board of control, not exceeding seven (7) members, shall be chosen by the board of directors of the respective partitioned…