42-1301. ORGANIZATION — OFFICERS — RULES. When three (3) or more parties each own or possess and control land with appurtenant water rights which each are entitled to receive from the same point or points of delivery in a canal or reservoir, or from the same point or points of diversion from waters of the […]
42-1302. LATERAL MANAGER — ELECTION — DUTIES. Should any water users’ association at its annual meeting fail to elect a lateral manager or fix his compensation such lateral manager may be elected by the board of directors of such association, who may also fix his compensation. The manager of any lateral shall, in addition to […]
42-1303. LATERAL DITCHES — REPAIRS, IMPROVEMENTS, AND MAINTENANCE — ASSESSMENT OF COSTS. The operation, improvement, repair and maintenance of any such lateral or distributing ditch shall be under the direction of the directors of the association. Following the association’s annual meeting, the association’s directors and the lateral manager shall examine the lateral or laterals or […]
42-1304. ASSESSMENTS — NOTICE — PENALTIES FOR DELINQUENCY. On or before the fifteenth day of April in each year the secretary of the association shall notify each water user of the amount assessed against him for that year as herein authorized, and the same shall be due and payable on the first day of May […]
42-1305. DELINQUENT USERS NOT ENTITLED TO WATER. No water user shall be entitled to demand or receive water from said lateral whenever any such assessment is due and unpaid, and the lateral manager shall not distribute any water to such water user while delinquent in such payment except upon order of the board of directors […]
42-1306. COLLECTION AND DISBURSEMENT OF FUNDS. The lateral manager shall collect all assessments so made and pay the same to the secretary-treasurer taking his receipt therefor. The secretary-treasurer of this association shall keep the funds of the association in the name of the association and shall draw warrants or checks thereon to pay the costs […]
42-1307. ACTION FOR ASSESSMENT — ATTORNEYS’ FEES. In case any assessment, as herein provided for is due and unpaid the association may sue to collect the same, in the name of its secretary-treasurer as such, in any court of competent jurisdiction, and in addition to the amount due including all penalties and interest, and all […]
42-1308. APPOINTMENT OF LATERAL MANAGER BY DIRECTOR OF DEPARTMENT OF WATER RESOURCES. (1) In the event that the water users or the board of directors of any lateral or ditch association do not meet and elect a lateral manager as provided for in this chapter or a lateral manager is not selected as otherwise provided […]
42-1309. ASSOCIATION AUTHORIZED TO BORROW MONEY, MORTGAGE OR PLEDGE ASSETS. Lateral ditch water users’ associations are expressly authorized to borrow money from any private or governmental source, to be repaid over a period of years, and to levy assessments over such period of years for the purpose of repaying said loan, and they are also […]
42-1310. LATERAL DITCHES — REPAIRS, IMPROVEMENTS AND MAINTENANCE BY IRRIGATION DELIVERY ENTITIES. In the event that a water users’ association of lateral or laterals has not been constituted on a particular lateral or distributing ditch pursuant to this chapter, any individual water user taking water from a canal or reservoir to be conveyed to their […]
42-1311. AMOUNT AND LIEN OF ASSESSMENTS. The amount assessed against each water user, together with any penalties and interest, shall be a lien upon the water user’s land that is entitled to receive water from the point or points of delivery in the canal or reservoir, or from the point or points of diversion from […]
42-1312. WITHDRAWAL FROM LATERAL WATER USERS’ ASSOCIATION. A water user may withdraw from the association by providing written notice and proof that the water user’s land is no longer entitled to receive water from the point or points of delivery in the canal or reservoir, or from the point or points of diversion from waters […]
42-1313. WATER USER DEFINED. As used in this chapter, "water user" means each person or entity that is a member of a lateral water users’ association because they own or possess and control land that is entitled to receive water from the point or points of delivery in the canal or reservoir, or from the […]
