CHAPTER 46A-9

WATER USER DISTRICTS

46A-9-1    Purpose of chapter.

46A-9-2    Definition of terms.

46A-9-3    Organization--Actions by and against--Creation and incorporation.

46A-9-4    Petition for organization of district--Filing with and approval by board--Contents.

46A-9-5    Lands included in district.

46A-9-6    Organization within territorial boundaries of another district.

46A-9-7    Directors--Election at large or from election divisions--Boundaries of divisions

46A-9-8    Grouping of directors elected at large--Term of office.

46A-9-9    Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.

46A-9-10    Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.

46A-9-11    Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.

46A-9-12    Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.

46A-9-13    Publication of petition for organization of district.

46A-9-14    Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.

46A-9-15    Investigation of proposed district and works by Board of Water and Natural Resources--Costs.

46A-9-16    Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.

46A-9-17    Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.

46A-9-18    Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.

46A-9-19    Additional territory, inclusion in district.

46A-9-20    Extension of district--Petition to include additional territory--Contents--Filing.

46A-9-21    Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.

46A-9-22    Publication of notice for extension of district--Filing of protest.

46A-9-23    Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.

46A-9-23.1    Exclusion of lands from district--Grounds--Procedure.

46A-9-23.2    Notices of hearing on exclusion--Protests.

46A-9-24    Members of board of directors succeeding original board--Nomination and election--Term of office.

46A-9-25    Hour and place of election.

46A-9-26    Election of directors--Voting rights.

46A-9-27    Notice of election time, place, and purpose--Mailing or publication.

46A-9-28    Registration of voters--Conduct of election--Costs.

46A-9-29    Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.

46A-9-30    Director to be landowner or entryman.

46A-9-31    Removal of members of board of directors from office--Grounds--Procedure.

46A-9-32    Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.

46A-9-33    Reimbursement of expenses and compensation of board members.

46A-9-34    Officers--Election by board of directors--Appointment of executive committee and other employees.

46A-9-35    Bond of treasurer.

46A-9-36    Corporate powers of district vested in board of directors.

46A-9-37    Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.

46A-9-38    Indemnification of directors, officers, employees, or agents of districts.

46A-9-39    Powers of district.

46A-9-40    Powers of corporation for public purposes--Acquisition and disposition of property.

46A-9-41    Acquisition, management, use, and operation of works and property--Disposition of works.

46A-9-42    Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.

46A-9-43    Contracts with governmental agencies authorized for certain purposes.

46A-9-44    Extraterritorial powers of district.

46A-9-45    Appropriation of waters of state by district--Interference with existing water rights forbidden.

46A-9-46    Eminent domain--Appraisement of private property or interest.

46A-9-46.1    Municipal approval of location of wastewater plant or system--Exception for existing plant or system.

46A-9-47    District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.

46A-9-48    Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.

46A-9-49    Grants or loans--Gifts.

46A-9-50    Cooperation with United States in acquisition and disposition of property.

46A-9-51    Eminent domain laws applicable to irrigation districts apply.

46A-9-52    Contracts governed by public agency procurement law.

46A-9-53    Filing of plans and specifications--Advertisement for bids.

46A-9-54    Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.

46A-9-55    Certain proposed works exempt from competitive bidding requirements.

46A-9-56    Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.

46A-9-57    District obligations--Pledge of revenue for payment--Collateral security for loan.

46A-9-58    Refunding of district obligations.

46A-9-59    Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions.

46A-9-60    Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.

46A-9-61    Prices, rates, and charges--Contracts.

46A-9-62    Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.

46A-9-63    Funds of district--Creation by board of directors--Identification--Separate accounts.

46A-9-64    Construction fund--Deposit of bond proceeds--Credit of interest received upon deposits--Disbursements--Balance transferred to debt service fund.

46A-9-65    Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.

46A-9-66    Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.

46A-9-67    Deposit of funds--Payment of claims.

46A-9-68    Fiscal year--Audit of financial affairs by board of directors, filing of written report.

46A-9-69    Disposition of water supply works, drainage works, or wastewater systems.

46A-9-70    Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.

46A-9-71    Mortgage or hypothecation of property to secure payment of loans from governmental agencies.

46A-9-72    Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.

46A-9-73    Dissolution of district--Special election--Notice--Conditions for dissolution.

46A-9-74    Dissolution complete upon resolution of board canvassing vote--Filing.

46A-9-75    Cancellation of applications for appropriation of water upon dissolution.

46A-9-76    Municipalities excepted from chapter--Contracts with district.

46A-9-77    Irrigation districts--Powers and functions unaffected by chapter.

46A-9-78    Retirement system--Participation.

46A-9-79    Appointment of water master.

46A-9-80    Duties of water master.

46A-9-81    Removal of water master.

46A-9-82    Grievance appeal.

46A-9-83    Water Management Board not affected.

46A-9-84    Group insurance for members of board of directors.