TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 29

DRAINAGE DISTRICTS

42-2980.  Dissolution of drainage district. A drainage district may be dissolved by the district court for the county in which the office of such drainage district was last located on complaint or petition of parties holding and owning:

(a)  Fifty per cent (50%) or more of the issued, outstanding, unpaid bonds of such district; or,

(b)  Fifty per cent (50%) or more of all land situated within the boundaries of such district; or,

(c)  Claims, warrants, liens or other legal obligations of such district in an amount equal to not less than thirty per cent (30%) of the issued, outstanding and unpaid bonds of such district.

It must be made to appear to the satisfaction of the court, by such complaint or petition, that any one or more of the following conditions exist in or as to said district:

1.  That the district has been abandoned, or for two (2) or more years last past has ceased to function, and there is little or no possibility that it ever will function in the future.

2.  That no useful purpose exists for the further continuance of the organization of the district.

3.  That there are not sufficient qualified voters of such district to hold a legal election.

4.  That all essential functions of the district are or may be carried out and performed by another political subdivision of the state or other public or quasi public body to which all or any portion of the facilities of said district may be transferred by order of the court; provided, however, that the court, at its discretion, may require that interested persons be given further notice and opportunity to be heard with reference to any such proposed transfer.

History:

[42-2980, as added by 1961, ch. 173, sec. 1, p. 267.]