48-4431. Establishment; petitions; notice; hearing; determination by county board of supervisors; boundaries; preliminary expenses

A. A groundwater replenishment district may be established in an active management area with a management goal of safe-yield that, as of the date the petition is submitted, has at least three municipal water providers each having a service area population exceeding one hundred fifty thousand persons according to the most recent data compiled by the department of water resources. The district shall be established by the following procedures:

1. A municipality that desires to propose the establishment of the district shall prepare and submit a petition to the board of supervisors of the county in which the district is to be located. Any number of municipalities in an active management area satisfying the requirements of subsection A may collectively submit a petition. If a proposed district will be located in more than one county, the petition shall be submitted to the board of supervisors of the county in which the majority of the assessed valuation of the proposed district is located. The boards of supervisors of any other counties in which a portion of the district is located shall provide information and assistance to the responsible board of supervisors. The petition shall contain a statement including at least the following information:

(a) A general description of the boundaries of the proposed district and a map of the area to be included in the district. The district boundaries shall be coterminous with the boundaries of the service areas of the municipalities petitioning for the formation of the district and within the boundaries of the active management area.

(b) An estimate of the assessed valuation in the proposed district.

(c) Certified copies of adopted resolutions approving the district's formation by the governing bodies of the municipalities petitioning for the formation of the district.

(d) The name of the proposed district.

(e) A request that the board of supervisors define and establish the boundaries of the proposed district and schedule a hearing.

2. On receiving the petition:

(a) The board of supervisors shall set a day, at least sixty but not more than ninety days after that date, for a hearing on the petition.

(b) The clerk of the board of supervisors shall publish a notice stating the purpose of the petition, the description of the area of the proposed district and the day, hour and place of the hearing twice in a daily newspaper of general circulation in the area of the proposed district at least twenty days before the hearing.

3. Before the date of the hearing, any person who wishes to object to the establishment of the district may file the objections in writing with the clerk of the board of supervisors.

4. At the hearing the board of supervisors shall:

(a) Hear those who appear for and against the proposed district and shall determine whether the petition conforms to the requirements of this section. If the board of supervisors determines that the petition conforms to the requirements of this section, and that the water supply available to the land in the district will be improved, it shall order the establishment of the district. The district boundaries shall be coterminous with the boundaries of the service areas of the municipalities petitioning for the formation of the district and within the boundaries of the active management area. The board of supervisors of each county in which the district is located shall define and establish the actual boundaries of the district based on the existing service area boundaries according to maps and surveys adopted by the department of water resources. The board of supervisors may conduct additional surveys and studies to ascertain and determine the boundaries of the district.

(b) Enter in the minutes of the meeting its order stating its determination.

5. Not later than ten days after the day of the hearing, a copy of the order of the board of supervisors under paragraph 4, subdivision (b) of this section shall be filed in the county recorder's office. Not later than thirty days after recording the order, the board of supervisors of any other county in which a portion of the district is located shall enter a conforming order acknowledging the formation of the district. The order of the board of supervisors of the county in which the majority of the assessed valuation of the district is located is final, and the proposed district is established thirty days after the board of supervisors votes to establish the district.

B. All preliminary expenses incurred in organizing the district, including necessary engineering and legal expenses, and all necessary and reasonable services rendered before the district is authorized to contract for such services, materials or valuable things are lawful obligations of the district. After the board of directors is organized and qualified, the district shall pay all such amounts as the board allows.

C. The district's boundaries shall expand as follows:

1. If a district member expands its service area, the district's boundaries shall automatically expand in order to remain coterminous with the boundaries of the service area of its members subject to the following:

(a) The district's boundaries shall not expand outside the active management area in which the district is located.

(b) If the expanded service area includes land in a county in which the district has not previously been located, the district's boundaries shall not expand to include that service area, unless the municipality petitions for expansion under paragraph 2 of this subsection.

2. Any municipality located in an active management area in which a district is located that did not petition to form the district may join the district after it is formed by submitting a petition for expansion of the district to the board of supervisors of the county in which the service area of the municipality is located. The petition shall contain a statement including at least the following information:

(a) A general description of the boundaries of the proposed expansion and a map of the service area to be included in the district. The expanded district boundaries shall be coterminous with the boundaries of the service areas of the district's current members and of the municipalities petitioning for the expansion of the district. The expanded district boundaries shall remain within the boundaries of the active management area.

(b) Certified copies of adopted resolutions approving the inclusion within the district of the municipalities filing the petition for expansion of the district adopted by the governing bodies of the municipalities petitioning for the expansion of the district.

(c) A request that the board of supervisors define and establish the expanded boundaries of the district and schedule a hearing.

3. On receiving the petition:

(a) The board of supervisors shall set a day, at least sixty but not more than ninety days after that date, for a hearing on the petition.

(b) The clerk of the board of supervisors shall publish a notice stating the purpose of the petition, the description of the area of the proposed expansion of the district and the day, hour and place of the hearing twice in a daily newspaper of general circulation in the area of the proposed expansion of the district at least twenty days before the hearing.

4. Before the date of the hearing, any person who wishes to object to the expansion of the district may file the objections in writing with the clerk of the board of supervisors.

5. At the hearing the board of supervisors shall:

(a) Hear those who appear for and against the proposed expansion of the district and shall determine whether the petition conforms to the requirements of this section. If the board of supervisors determines that the petition conforms to the requirements of this section and that the water supply available to the land in the district will be improved, it shall order the expansion of the district. The district boundaries shall be expanded to be coterminous with the boundaries of the service area of the municipality petitioning for the expansion of the district and within the boundaries of the active management area. The board of supervisors shall define and establish the expanded boundaries of the district based on the existing service area boundaries according to maps and surveys adopted by the department of water resources. The board of supervisors may conduct additional surveys and studies to ascertain and determine the boundaries of the district.

(b) Enter in the minutes of the meeting its order stating its determination.

6. Not later than ten days after the day of the hearing, a copy of the order of the board of supervisors under paragraph 5, subdivision (b) of this subsection shall be filed in the county recorder's office. The order of the board of supervisors is final, and the proposed expansion of the district is effective thirty days after the board of supervisors votes to expand the district.