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46A-9 WATER USER DISTRICTS
CHAPTER 46A-9

WATER USER DISTRICTS

46A-9-1      Purpose of chapter.
46A-9-2      Definition of terms.
46A-9-3      Organization--Actions by and against--Creation and incorporation.
46A-9-4      Petition for organization of district--Filing with and approval by board--Contents.
46A-9-5      Lands included in district.
46A-9-6      Organization within territorial boundaries of another district.
46A-9-7      Directors--Election at large or from election divisions--Boundaries of divisions.
46A-9-8      Grouping of directors elected at large--Term of office.
46A-9-9      Petition for organization of district--Number of signatures required--Name, post office address, and location of land of petitioner.
46A-9-10      Instruments constituting petition for organization of district--Affidavit of circulator as to signatures on each sheet--Form.
46A-9-11      Maps, plans and estimates accompanying petition for organization of district--Location of lands within proposed district.
46A-9-12      Examination of petition by Department of Water and Natural Resources to determine compliance with law--Noncompliance with law, dismissal of petition.
46A-9-13      Publication of petition for organization of district.
46A-9-14      Protest against organization of district--Right to file with Board of Water and Natural Resources--Determination of validity by board.
46A-9-15      Investigation of proposed district and works by Board of Water and Natural Resources--Costs.
46A-9-16      Declaration of feasibility of proposed project and conformance to public convenience--Dismissal of petition or certificate of feasibility--Filing of certificate--District as public corporation.
46A-9-17      Validation of prior districts and boundaries--Validation of prior proceedings, bonds, and contracts.
46A-9-18      Board of directors--Qualification upon filing certificate of organization--Vacancy created by failure to qualify--First meeting.
46A-9-19      Additional territory, inclusion in district.
46A-9-20      Extension of district--Petition to include additional territory--Contents--Filing.
46A-9-21      Petition for expansion of district--Map showing location of lands to be included to accompany--Plans and estimates.
46A-9-22      Publication of notice for extension of district--Filing of protest.
46A-9-23      Action by Board of Water and Natural Resources on petition for extension of district--Certificate of approval--Filing--Effect.
46A-9-23.1      Exclusion of lands from district--Grounds--Procedure.
46A-9-23.2      Notices of hearing on exclusion--Protests.
46A-9-24      Members of board of directors succeeding original board--Nomination and election--Term of office.
46A-9-25      Hour and place of election.
46A-9-26      Election of directors--Voting rights.
46A-9-27      Notice of election time, place, and purpose--Mailing or publication.
46A-9-28      Registration of voters--Conduct of election--Costs.
46A-9-29      Candidate to fill vacancy or succeed an outgoing director--Vote necessary for election.
46A-9-30      Director to be landowner or entryman.
46A-9-31      Removal of members of board of directors from office--Grounds--Procedure.


46A-9-32      Vacancies on board of directors--Declaration of existence--Filling--Member elected to fill, term of office.
46A-9-33      Reimbursement of expenses and compensation of board members.
46A-9-34      Officers--Election by board of directors--Appointment of executive committee and other employees.
46A-9-35      Bond of treasurer.
46A-9-36      Corporate powers of district vested in board of directors.
46A-9-37      Bylaws and procedures--Adoption by board of directors--Minutes of meetings--Records of account, kept at principal place of business, open to public inspection.
46A-9-38      Indemnification of directors, officers, employees, or agents of districts.
46A-9-39      Powers of district.
46A-9-40      Powers of corporation for public purposes--Acquisition and disposition of property.
46A-9-41      Acquisition, management, use, and operation of works and property--Disposition of works.
46A-9-42      Transfer of obligations of nonprofit rural water supplier or wastewater system operator to water user district, sanitary district, or municipality--Majority vote of district.
46A-9-43      Contracts with governmental agencies authorized for certain purposes.
46A-9-44      Extraterritorial powers of district.
46A-9-45      Appropriation of waters of state by district--Interference with existing water rights forbidden.
46A-9-46      Eminent domain--Appraisement of private property or interest.
46A-9-46.1      Municipal approval of location of wastewater plant or system--Exception for existing plant or system.
46A-9-47      District has no power to tax or levy assessments--Others have no liability for district indebtedness or obligations.
46A-9-48      Costs of operation of district--Contract for payment of rent or charge for water storage or water supply.
46A-9-49      Grants or loans--Gifts.
46A-9-50      Cooperation with United States in acquisition and disposition of property.
46A-9-51      Eminent domain laws applicable to irrigation districts apply.
46A-9-52      Contracts governed by public agency procurement law.
46A-9-53      Filing of plans and specifications--Advertisement for bids.
46A-9-54      Contracts for proposed construction work--Employment of citizens of state--Bond of contractor.
46A-9-55      Certain proposed works exempt from competitive bidding requirements.
46A-9-56      Borrowing power of district--Sources from which obligations payable--Authorization, issuance, and sale of bonds.
46A-9-57      District obligations--Pledge of revenue for payment--Collateral security for loan.
46A-9-58      Refunding of district obligations.
46A-9-59      Revenues of district--Payment into special fund--Collection and disposition of special fund, terms, and conditions.
46A-9-60      Agreement between directors and holders of district obligations as to charges for water, sewage disposal, or other services.
46A-9-61      Prices, rates, and charges--Contracts.
46A-9-62      Default in payment of money specified in agreement--Termination of contract--Right to recovery not affected by discontinuation of services.
46A-9-63      Funds of district--Creating by board of directors--Identification--Separate accounts.
46A-9-64      Construction fund--Deposit of bond proceeds--Credit of interest received upon deposits--Disbursements--Balance transferred to debt service fund.
46A-9-65      Water or wastewater fund--Credit of revenue of works and operations--Payment of operation and maintenance costs.
46A-9-66      Debt service fund--Transfer of balance from water fund--Moneys pledged for payment of evidences of indebtedness.
46A-9-67      Deposit of funds--Payment of claims.
46A-9-68      Fiscal year--Audit of financial affairs by board of directors, filing of written report.
46A-9-69      Disposition of water supply works, drainage works, or wastewater systems.
46A-9-70      Sale of unneeded works--Submission of question to Board of Water and Natural Resources--Special election--Notice--Majority vote authorizes sale.
46A-9-71      Mortgage or hypothecation of property to secure payment of loans from governmental agencies.
46A-9-72      Mortgage or trust deed to secure payment of borrowed money--Foreclosure upon default and appointment of receiver.
46A-9-73      Dissolution of district--Special election--Notice--Conditions for dissolution.
46A-9-74      Dissolution complete upon resolution of board canvassing vote--Filing.
46A-9-75      Cancellation of applications for appropriation of water upon dissolution.
46A-9-76      Municipalities excepted from chapter--Contracts with district.
46A-9-77      Irrigation districts--Powers and functions unaffected by chapter.
46A-9-78      Retirement system--Participation.
46A-9-79      Appointment of water master.
46A-9-80      Duties of water master.
46A-9-81      Removal of water master.
46A-9-82      Grievance appeal.
46A-9-83      Water Management Board not affected.
46A-9-84      Group insurance for members of board of directors.


Title 46A
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