46A-9-23.1 Exclusion of lands from district--Grounds--Procedure.
Exclusion of lands from district--Grounds--Procedure.
If the board of directors
of a water user district finds that there are lands within the district not utilizing the services of the
district and that it is not feasible or necessary to retain those lands within the district, the board shall
adopt a resolution stating its findings and declaring its intention to exclude the lands. The board
shall, within ten days following the adoption of the resolution, file it with the Board of Water and
Natural Resources. Upon receipt of the resolution, the Board of Water and Natural Resources shall
determine whether the resolution complies with the requirements to exclude the lands, and if so,
shall establish a hearing date on the issue no later than ninety days from the date of the filing of the
resolution. Following the hearing, the Board of Water and Natural Resources may approve or
disapprove the action proposed by the resolution. Upon approval and filing by the district board of
a certificate of approval in the Office of the Secretary of State, together with a copy of the resolution,
and after filing by the district board of a copy certified by the secretary of state in the office of the
county auditor of each county in which any lands to be excluded are located, the lands shall be
excluded from the water user district.
Source: SL 1984, ch 296, § 2; SL 2006, ch 226, § 3.