48-4802

48-4802. Formation

A. A water district may be organized in an active management area in which all of the following conditions exist on the date the district is organized:

1. The active management area:

(a) Has a management goal of safe-yield.

(b) Contains territory in at least three counties.

2. The population of the most populous city in the active management area does not exceed seven hundred fifty thousand persons according to the most recent United States decennial census.

B. The boundaries of the district shall be coterminous with the boundaries of the active management area.

C. The district shall be organized on the adoption of a resolution approving the district's formation approved by a majority vote of each of the governing bodies of:

1. A majority of the counties in which the active management area is located, one of which must be the most populous county in the active management area.

2. The largest city by population in the active management area.

3. An irrigation district of more than one thousand acres in the active management area that levies district assessments under chapter 19, article 9 of this title.

D. When each of the entities required under subsection C of this section has approved the formation of the district, the groundwater users advisory council in the active management area shall:

1. Notify the governing bodies of each county, city, town and irrigation district and each water company in the active management area that the district is being organized and that the initial board of directors will be appointed pursuant to section 48-4803.

2. Publish the notice once each week for two consecutive weeks in a newspaper of general circulation in the active management area.