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--Naming of directors.
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
described in petition for organization.
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
Petition complying with requirements of law--Investigation of proposed district and
works by Board of Water and Natural Resources, security for costs.
46A-9-16
Declaration of board as to feasibility of proposed project and conformance to public
convenience--Dismissal of petition where project not feasible--Finding of feasibility
and public convenience, certificate, approval of petition--Filing of certificate, effect,
district designated as public corporation.
46A-9-17
Validation of prior districts and boundaries--Validation of proceedings, bonds, and
contracts--Pending proceedings excepted.
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, filing, verification,
number of signers, resolution of board of directors.
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
Petition for extension of district--Action by Board of Water and Natural Resources--Certificate of approval, filing, effect, included areas constituted part of district.
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
Board of directors--Hour and place of election, fixing--Presiding at elections.
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
Qualification for office as a member of the board of directors--Landowner or
entryman of district.
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
Compensation of members of board of directors.
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
Acquisition of property by district--Powers of a corporation for public purposes--Disposition of unneeded property.
46A-9-41
Right of district to acquire, manage, use, or operate works and property incidental
thereto--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--Exercise of power by district--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 taxing powers.
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, power to obtain--Authority of district to accept gifts.
46A-9-50
Cooperation of district with the United States in acquisition and disposition of
property.
46A-9-51
Eminent domain laws applicable to irrigation districts apply.
46A-9-52
District contracts to be governed by chapter 5-18.
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
Cost of proposed works met by governmental agency--Board of directors may
proceed without advertising for bids.
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
Rates and charges of district--Establishment by board of directors, exception.
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
Disbursement of funds--Approval of board of directors--Warrants for payment of
expenses, exception.
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
Resolution of board of directors for sale of unneeded works--Submission of question
to board of water and natural resources--Approval by board, calling of special
election for submission of question to voters, notice and conduct of election, 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, majority vote of voters at special election called for that
purpose, notice of election--Nonownership of property or rights--No outstanding
contracts.
46A-9-74
Dissolution of district--Completion upon resolution of board of directors--Filing of
resolution.
46A-9-75
Dissolution of district--Cancellation of applications for appropriation of water.
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.