TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 13

LATERAL DITCH WATER USERS’ ASSOCIATIONS

42-1302.  lateral water users’ association organization — board of directors and lateral manager. (1) Water users who share a common lateral or laterals shall be members of and shall constitute a water users’ association known as a lateral water users’ association.

(2)  The association shall meet annually between January 1 and the last Monday in March of each year.

(a)  The secretary-treasurer of the association shall call the annual meeting by providing ten (10) days’ written notice before the annual meeting date.

(b)  If for any reason the secretary-treasurer fails to call a meeting, the annual meeting shall be held on the last Monday in March.

(3)  At the annual meeting, the association shall:

(a)  Elect a chair, vice chair, and a secretary-treasurer to serve as the association’s board of directors for one (1) year or until successors are elected;

(b)  Elect a lateral manager to manage the distribution of water; and

(c)  Set the compensation of such elected officers.

(4)  The association may:

(a)  Adopt rules and regulations for the management of the lateral or laterals and the delivery of water therefrom;

(b)  By majority vote, if it is considered to be in the best interests of the lateral water users’ association, combine one (1) or more laterals or abandon any lateral not in use; and

(c)  Take any lawful action if doing so is in the best interests of the association.

(5)  Each water user in the association shall be entitled to cast one (1) vote, in person, for each inch of water the water user is entitled to receive from the lateral and a fractional vote equal to the fraction of an inch of water the water user is entitled to receive. Corporations or other legally recognized entities may designate a representative to cast the vote according to this subsection.

History:

[42-1302, added 2026, ch. 112, sec. 15, p. 570.]