CHAPTER 46A-4

ORGANIZATION, BOUNDARIES AND DISSOLUTION OF IRRIGATION DISTRICTS

46A-4-1    Creation of irrigation district--Filing petition--Number of electors required.

46A-4-2    Elector defined.

46A-4-3    Petition to organize irrigation district--Number of signers--Boundaries to be described--Request for organization.

46A-4-3.1    Petition--Signing by electors--Form--Affidavit of circulator.

46A-4-4    Petition for formation of irrigation district--Map of proposed district to accompany, contents.

46A-4-4.1    Notice of hearing to consider petition--Publication--Contents--Approval of petition--Fixing date for election.

46A-4-5    46A-4-5 to 46A-4-7. Repealed by SL 1984, ch 294, §§ 7 to 9.

46A-4-8    Inclusion in irrigation district of lands capable of being irrigated from works in proposed district.

46A-4-9    Ditches or canals constructed before July 1, 1917, and lands watered by them--Exemption--Rights of ditches already constructed.

46A-4-10    Holding or taxing nonirrigable land for irrigation purposes.

46A-4-11    Repealed by SL 1984, ch 294, § 11.

46A-4-12    Change in proposed boundaries by board--Exclusion of certain lands from district.

46A-4-13    Repealed by SL 1984, ch 294, § 13.

46A-4-14    District divided into divisions by board--Size and number--Election of directors--Terms--Assessment of property within district.

46A-4-14.1    Division representing tribal or trust lands--Excepted from chapter.

46A-4-15    Notice of election on proposed district--Date of election--Contents of notice--Publication--Ballot form.

46A-4-15.1    46A-4-15.1, 46A-4-16. Repealed by SL 1998, ch 36, §§ 52, 53.

46A-4-17    Persons qualified to vote at elections.

46A-4-18    Corporate ownership of lands within proposed or existing irrigation districts--Designation of agent to vote in behalf of elections for organization of district.

46A-4-19    Election procedure--Applicability of general laws--Resolution declaring district organized--District as political subdivision.

46A-4-20    Resolution declaring district organized--Filing for record.

46A-4-21    Election of director for each division.

46A-4-22    Unentered public lands a major portion of district--Appointment of majority of directors by secretary of interior--Term of office.

46A-4-23    Directors elected at large as a result of appointment of majority of directors by secretary of interior--Term of office.

46A-4-24    Directors elected at election to establish district--Terms of office--Tie election, procedure.

46A-4-25    Annual election of directors--Nomination--Election by receiving highest number of votes.

46A-4-26    Hours of voting.

46A-4-27    Directors to be electors of division--Residence.

46A-4-27.1    Transmittal of election results.

46A-4-28    Nominating petition for directors--Filing--Form--Signers.

46A-4-29    Repealed by SL 1984, ch 294, § 26.

46A-4-30    Election not required where no question or contest--Retention of office by incumbent.

46A-4-31    Notices of election after organization of district--Publication and posting.

46A-4-32    Elections after district organized and first set of directors elected--Voting by mail.

46A-4-33    Precinct election officers--Appointment by board of directors or electors.

46A-4-34    Chair of election board--Oaths.

46A-4-35    Precinct election boards--Oaths of members, administration, and certification.

46A-4-36    Canvass of votes by board--Time and place.

46A-4-37    Declaration of election results--Certificate of election.

46A-4-38    Statement of election results--Filing--Contents.

46A-4-39    Vacancy in office of board of directors--Filling--District treasurer appointed by board.

46A-4-40    Elected directors--Qualifying--Term of office--Time for assumption of duties.

46A-4-41    Directors' and officers' oath of office--Official bonds.

46A-4-42    District appointed fiscal agent of United States to collect money for federal reclamation project--Additional bond required--Right to sue on bond.

46A-4-43    Bond of officers and directors--Form--Obligee--Cost of surety bonds, payment by the district.

46A-4-44    Organization meeting of board of directors--Election of president and vice-president--Appointment of secretary.

46A-4-45    Meetings of directors--Special meetings--Open to public--Quorum--Vote required for action.

46A-4-46    Records of board of directors open for inspection--Publication of statement of proceedings--Filing of list of expenditures.

46A-4-47    Compensation of district directors--Payment from district fund.

46A-4-48    Powers and duties of board of directors of district--Distribution and printing of bylaws and procedures--Water rights appurtenant to land.

46A-4-49    Interest in contract of district or acceptance of bribe by director or officer as felony.

46A-4-50    Change of irrigation district boundaries--Exclusion of land within boundaries.

46A-4-51    Common school and endowment irrigable lands within district--Sale--Inclusion in district.

46A-4-52    Assent of secretary of interior necessary for change in boundaries of district contracting with United States.

46A-4-53    Petition for inclusion of tract of land within boundaries of irrigation district--Contents.

46A-4-54    Participation by conservators and personal representatives of estates.

46A-4-55    Change of boundaries of irrigation district--Notice of filing of petition, contents--Time and place of hearing by board of directors--Cost of proceedings, advancement by petitioners.

46A-4-56    Hearing on petition to change boundaries--Adjournment--Assent to change.

46A-4-57    Rejection of petition to change boundaries--Resolution of board--Contents.

46A-4-58    Land not included in irrigation district unless owner or lessee obligated to pay assessments or charges.

46A-4-59    Payment by petitioners of share of original district assessments as condition for granting petition.

46A-4-60    Board order for election on filing of protests--Publication of notice--Ballots--Boundary descriptions.

46A-4-61    Order of board in conformity with election results on boundary change.

46A-4-62    Filing and recording of order changing boundaries--Effect of change.

46A-4-63    Petition for change of boundaries of irrigation district--Recording in minutes of board of directors, admissibility as evidence.

46A-4-64    Redivision of district following inclusion of land--Election precincts.

46A-4-65    Exclusion of contiguous tracts of land from district--Petition--Contents.

46A-4-66    Notice of petition to exclude land--Publication--Contents--Time for hearing.

46A-4-67    Hearing on petition to exclude land--Assent of interested persons.

46A-4-68    Resolution for exclusion of land when bonds or federal contract outstanding--Bondholders' or federal assent required--Assent waived by terms of bond issue.

46A-4-69    Grant or denial of petition to exclude land from district--Best interests of district--Conditions for exclusion.

46A-4-70    Election ordered on exclusion after objections filed--Publication of notice--Contents--Conduct of election.

46A-4-71    Majority vote against exclusion, denial and dismissal of petition--Majority vote in favor of exclusion, order of board of directors excluding land from irrigation district, contents.

46A-4-72    Order excluding land from irrigation district--Entry in minutes of board of directors--Filing and recording--Effect of order.

46A-4-73    Exclusion of land from irrigation district--Refunding of assessments.

46A-4-74    Exclusion of land from irrigation district--Effect of change on office of director.

46A-4-75    Exclusion of land from irrigation district--Redivision of district by board of directors--Election precincts, establishment, change from time to time.

46A-4-76    Resolution to exclude unproductive lands from district--Reasons--Service on owners and residents--Publication of notice.

46A-4-77    Hearing on exclusion of unproductive lands--Time and place--Objections--Failure to object deemed consent--Rescission of resolution or adoption of second exclusion resolution.

46A-4-78    Motion to reconsider exclusion of unproductive lands--Time--Appeal to circuit court--Contents--Trial--Filing of final resolution.

46A-4-79    Rearrangement or reapportionment of district divisions upon exclusion of lands--Effects of exclusion--Procedural defects--Resolutions and bylaws.

46A-4-80    Subirrigated land--Relief from district assessments--Recording of suspension order.

46A-4-81    Dissolution of district--Petition by majority of assessment payers--Calling of election by board--Notice of election.

46A-4-82    Dissolution of district contracting with United States--Assent of secretary of interior--Recording.

46A-4-83    Election ballots on dissolution of district--Form and contents--Conduct of election.

46A-4-84    Certification of election returns and ballots--Canvass of returns--Declaration of result--Recording.

46A-4-85    Vote against dissolution precludes another election during year.

46A-4-86    Majority vote for dissolution of irrigation district--Notice by board of directors to creditors of district--Settlement of claims.

46A-4-87    Raising of money to pay debts--Valuation of property by appraisers--Appointment--Report.

46A-4-88    Sale of property by board of directors--Advertisement--Notice of sale--Consideration of bids of purchasers by board of directors.

46A-4-89    Rejection of bids for purchase of property--Private negotiations for sale--Deferred payments--Lien--Foreclosure.

46A-4-90    Additional security for deferred payments--Collection.

46A-4-91    Bonds and obligations of district--Redemption after sale of property on dissolution of district.

46A-4-92    Payment of outstanding obligations with proceeds of property sales--Prices paid.

46A-4-93    Proceeds of sale of property on dissolution of irrigation district insufficient to pay debts--Assessments against lands in the district.

46A-4-94    Disposal of property--Payment of obligations--Report of board--Filing and recording--Contents--Time for action on unpaid claim.

46A-4-95    Validation of previously created irrigation districts.