48-1701. Powers and duties of district A. Districts created under this chapter shall be bodies corporate for the purposes specified in this chapter and such as reasonably may be implied. B. A district shall have perpetual succession and may: 1. Exercise the power of eminent domain under the constitution and general laws of the state […]
48-1702. Petition for organization A. Petition for the formation of an electrical district for the purpose of providing power for use primarily for pumping water for irrigation shall be filed with the board of supervisors of the county in which the proposed district is located, or if parts of the proposed district are located in […]
48-1703. Security for costs upon filing petition The petitioners shall give such security or make such deposit as the board of supervisors requires conditioned upon payment of all costs if for any reason the district fails to complete its organization.
48-1704. Notice of hearing on petition; publication; continuance of hearing A. The board of supervisors with which the petition is filed, at the next regular or special meeting thereafter or at a special meeting called sooner for that purpose, shall fix a date for hearing the petition which shall be recorded in the minutes of […]
48-1705. Determination whether district constitutes public use; call for organizational election A. At the hearing on the petition called by the board of supervisors, it shall first proceed to determine whether the operations as proposed will constitute a public use. The board shall for such purpose determine: 1. Whether the lands in the proposed district […]
48-1706. Application for inclusion of additional lands prior to organization of district; condition precedent to application A. All persons who have not been included in the proposed district may appear before the board of supervisors as parties interested in and affected by the organization of the district and may request that their lands be included. […]
48-1707. Objections to inclusion in proposed district A. If the board decides to call an election, it shall proceed to hear all objections which have been made by owners or others interested therein to the inclusion of lands in the proposed district. B. Owners of lands proposed to be included in the district or any […]
48-1708. Order of board defining boundaries of district; name of district; appointment of election commissioners A. When notice of the election has been given and the hearing held and concluded, the board of supervisors shall make its decision and findings and enter them in the minutes of the meeting. B. The board shall define the […]
48-1709. Appeal from order of board A. Any person aggrieved by the decision of the board of supervisors may appeal from the decision or any part thereof to the superior court in the county in which the hearing was held. All persons interested in or in any way affected by the decision of the board […]
48-1710. Service of notice of appeal; record on appeal A. If an appeal is taken as provided by section 48-1709 by petitioners or interested freeholders from a refusal of the board of supervisors to call an organization election, the notice shall be signed by three petitioners or interested freeholders and served on the chairman of […]
48-1711. Trial of appeal; bond; effect upon organization proceedings A. The appeal shall be heard de novo by the superior court. An appeal may be taken to the supreme court from the judgment of the superior court as provided by law and rules of the supreme court. B. The appeal shall be tried within thirty […]
48-1712. Nomination of candidates to board of directors; notice of election A. The board of election commissioners shall nominate nine persons, all of whom shall be resident freeholders of the district and qualified voters, as candidates for election as members of the board of directors of the district, if the district is approved at the […]
48-1713. Qualifications of electors; acreage voting; definition A. Persons qualified to vote at an election held under this chapter, except as otherwise specially provided, shall be either: 1. The property taxpayers of the district who own real property in the district that is or may be beneficially served by the district and who possess the […]
48-1714. Form of ballots A. The official ballot to be used at the organization election shall, as far as practicable, correspond to the official ballots as provided by the general election laws but shall in addition contain the matters set forth in subsection B of this section. B. The question of organization, stated in plain, […]
48-1715. Returns; canvass by election commissioners A. The board of election commissioners shall appoint members of the election board and shall provide the board with official ballots and supplies, but the election shall be conducted substantially in compliance with the general election laws, and no departure from the proceedings required by this chapter shall affect […]
48-1716. Examination of returns by board of supervisors; resolution of organization; recording At its first regular meeting or at a special meeting thereafter, the board of supervisors shall examine the returns of the board of election commissioners, and if the board of supervisors finds that a majority of the votes cast at the election was […]
48-1717. Terms of initially elected directors The board of directors of the district shall consist of seven members who shall be elected at the organizational election. The board of election commissioners shall by lot determine the terms each initially elected director shall serve in such manner that their terms are distributed over three years as […]
48-1718. Recording map of district Within six months after organization of the district, the board of directors shall prepare a map of the district and record it in the office of the county recorder of the county or counties in which the district is located.
48-1719. Consolidation of districts; election; adjustment of finances A. When two or more districts desire to consolidate, the boards of directors of the districts shall call elections, or at a general election, submit the question of consolidation to their respective districts. If the vote is favorable to consolidation in each district proposed to be consolidated, […]
48-1720. Division of district; assignment of directors A. At any time the board of directors may divide a district into divisions not more in number than the number of members of the board, and thereafter members of the board shall be elected from the different divisions according to the jurisdiction of the retiring members. B. […]
