Section 41-7-210 – Court’s Order.
41-7-210. Court’s order. (a) If the issues at this hearing are decided in favor of the petitioners, the court shall make an order: (i) Approving and confirming the petition; (ii) Defining the boundaries of the district; (iii) Dividing the district into three (3) or five (5) subdivisions as the court may consider appropriate, which subdivisions […]
Section 41-7-207 – Hearings; Contests; Grounds; Notice of Objections to Be in Writing; Filing of Objections.
41-7-207. Hearings; contests; grounds; notice of objections to be in writing; filing of objections. (a) On the day fixed for hearing on such petition, all persons owning or entitled to the possession of lands, or any interest or easement in land, within said proposed district, or who may be affected thereby, may appear and contest […]
Section 41-7-208 – Hearings; Dismissal of Petition Improperly Signed; Inclusion or Exclusion of Land From District.
41-7-208. Hearings; dismissal of petition improperly signed; inclusion or exclusion of land from district. If the court or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the said petition, shall find that the same has not been signed as herein required, the said petition shall be […]
Section 41-7-209 – Fraudulent Deeds for Establishment or Defeat of Petition.
41-7-209. Fraudulent deeds for establishment or defeat of petition. All deeds made for the purpose of establishing or defeating the prayer of said petition, and not made in good faith and for a valuable consideration, shall be taken and held to be a fraud, and the holders thereof shall not be considered as the owners […]
Section 41-7-206 – Hearings; Adjournment to Serve Persons Not Served.
41-7-206. Hearings; adjournment to serve persons not served. If it shall be found before the hearing on the petition for the organization of an irrigation district, that one (1) or more of the persons owning or entitled to possession of land in said district have not been duly served with notice of hearing on said […]
Section 41-7-204 – Hearings; Service of Notice Generally; Contents.
41-7-204. Hearings; service of notice generally; contents. (a) On such petition being filed the court or judge thereof shall make an order fixing the time and place of the hearing thereon and ordering notice; thereupon the clerk of said circuit court, for the county in which the proceedings are instituted, shall cause twenty (20) days […]
Section 41-7-205 – Hearings; Notification of Nonresidents; Personal Service in Lieu of Posting for All Persons.
41-7-205. Hearings; notification of nonresidents; personal service in lieu of posting for all persons. If any of the persons owning or entitled to possession of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accompanied by an affidavit giving the names and post […]
Section 41-7-201 – Filing of Landowners’ Petition; Contents; Amendments; Multiple Petitions.
41-7-201. Filing of landowners’ petition; contents; amendments; multiple petitions. (a) Whenever a majority of the freeholders owning lands and the entrymen upon public lands in any district who shall represent one-third the area of lands within said district, or whenever the freeholders owning lands and the entrymen upon public lands who shall represent more than […]
Section 41-7-202 – Petitioner’s Affidavit.
41-7-202. Petitioner’s affidavit. The affidavit of any three (3) or more of the signers of said petition stating that they have examined it and are acquainted with the locality of said district and that said petition is signed by a sufficient number of corporations and adult persons owning lands in said district, to satisfy W.S. […]
Section 41-7-203 – Land That May Be Included in Proposed District.
41-7-203. Land that may be included in proposed district. The lands proposed to be included in any irrigation district, need not be contiguous provided that the benefit of the proposed work in each part will exceed the damages from costs of said proposed work in each part; and provided further that the court shall be […]