TITLE 43

IRRIGATION DISTRICTS

CHAPTER 3

POWERS AND DUTIES OF BOARD OF DIRECTORS

43-310.  Hearing — Objections — Findings. Upon the day fixed for the hearing of said petition, any person or corporation interest [interested] therein, may appear before said court and make objections in writing to the granting of said petition but said objections shall be limited to determining whether or not the granting of authority to said irrigation district to perform the duties and functions of a drainage district and as such perform such functions is a proper and advantageous method of accomplishing the reclamation and protection of swamped, bogged or water-logged lands and lands subject to overflow therein, and whether or not there is a reasonable probability that the object sought by granting such powers to said irrigation district may be accomplished, and whether or not the drainage of lands in said district will be conducive either to the public health, welfare or convenience or increase the public revenue; and at the hearing the court shall hear and consider such evidence only as may be presented for or against the petition or objections thereto. Thereupon the court shall make its findings upon the facts alleged in the petition and objections and any other facts necessary and proper for the determination of the propriety of granting such powers to said irrigation district; and if such petition be granted the judge of said court shall make findings of fact setting forth the facts found by the said judge upon the hearing of said petition.

History:

[(43-310) I.C.A., sec. 42-307b, as added by 1945, ch. 4, sec. 3, p. 5.]