TITLE 43

IRRIGATION DISTRICTS

CHAPTER 11

EXCLUSION OF LANDS FROM DISTRICT

43-1128.  entry and recording of orders. If the boards of directors determine from the hearing that all or part of the lands described in the resolution should be transferred from one (1) district to another, the boards shall enter orders as follows:

(1)  The board of the excluding district shall make and enter an order of exclusion that:

(a)  Describes each lot or parcel being transferred;

(b)  Changes the boundaries of the district to exclude such lands;

(c)  States that the excluded lands shall not be entitled to receive water from the water rights or irrigation system of the excluding district;

(d)  States that the excluded lands shall remain part of the excluding district for drainage purposes if the excluded lands will continue to receive drainage benefits from the excluding district;

(e)  Identifies the obligations of the excluding district that will continue to apply to the lands to be transferred;

(f)  Recites any other information the districts deem to be pertinent to the proposed transfer; and

(g)  Provides that the order shall not become effective until the annexing district enters an order annexing the lands described in the exclusion order.

(2)  The secretary of the excluding district shall deliver a copy of the exclusion order to the annexing district.

(3)  As soon as practicable after receiving the exclusion order, the annexing district shall make and enter an order that the lands described in the exclusion order be annexed to the annexing district.

(4)  After the annexing district has entered its order of annexation, copies of the orders of exclusion and annexation, certified by the presidents and secretaries of the districts, shall be recorded in the office(s) of the county recorder(s) of each county wherein any portion of the transferred lands are situated.

History:

[43-1128, added 2012, ch. 122, sec. 7, p. 340.]