TITLE 43

IRRIGATION DISTRICTS

CHAPTER 11

EXCLUSION OF LANDS FROM DISTRICT

43-1127.  orders — determinations. After the hearing(s) on the transfer proposal, the boards of directors of the districts shall order the transfer of all or any part of the land described in the resolution when as to the lands to be excluded they determine that:

(1)  The transfer is in the best interests of the owner of the lands to be transferred and of the district;

(2)  The annexing district will apportion and provide comparable benefits to the lands to be transferred;

(3)  There will be no interruption in the delivery of water to the lands to be transferred as a result of the transfer; and

(4)  The ditch rights of other landowners in the same lateral ditch water users’ association in the excluding district will not be injured.

History:

[43-1127, added 2012, ch. 122, sec. 6, p. 340.]