48-6416. Organizing board; upper San Pedro water district; membership; authority; formation election

A. The organizing board for the upper San Pedro water district is established consisting of the following persons:

1. Five members who are appointed by the governor and who are qualified electors of the proposed district, one of whom may represent a city that is located in the proposed district and that has a population of thirty-five thousand persons or more, one of whom may represent a city that is located in the proposed district and that has a population of less than thirty-five thousand persons, one of whom may represent a conservation organization that has been involved in the upper San Pedro partnership of agencies and entities that is recognized under federal law, one of whom may represent an investor-owned utility and one of whom may represent retired military personnel or a military support organization.

2. Two members appointed by the president of the senate and two members appointed by the speaker of the house of representatives. These members shall be qualified electors of the proposed district and shall have an interest in one or more of the communities in the proposed district and may include persons representing a city, town or county, a resource based business or a natural resource conservation district or other persons who have personal, business or professional interests in the district.

B. The organizing board of the district shall prepare and provide to the public the following:

1. A detailed plan of organization for the upper San Pedro water district.

2. A financial plan by which adequate revenues will be generated to support the district's activities. The organizing board of the district may recommend a rate of taxation to the elected board but the organizing board shall not set the rate of any tax.

3. A comprehensive plan for the conservation, reuse, recharge and augmentation of water in the district designed to achieve the goal of the district. The plan shall include measurable objectives to be met by the district not later than ten years after the district is established. The organizing board shall consult with the director of water resources when developing the plan.

4. An election plan for the district that includes an election for the formation of the district, an election for members of the board of directors of the district, if formation is approved, and approval of and authority for the district to generate revenue pursuant to section 48-6406. The election may be called by the county board of supervisors at the next regular general election or on a date prescribed in section 16-204 before or after the next general election date. The election plan shall include proposed ballot language that is sufficiently detailed to inform the voters of the powers and duties of the proposed district board of directors, including the organization of the district, the water management goal and the revenue generating authority of the proposed district.

C. The organizing board of the district shall cooperate with other government entities and agencies in the area of the proposed district, including the department, and may enter into intergovernmental agreements with those entities before and without regard to formation of any district, but the organizing board may not legally or financially bind the district.

D. The organizing board of the district is a public body that is subject to title 38, chapter 3, article 3.1 relating to open meetings.

E. If the district is established, the organizing board of the district shall serve until an elected board of directors is qualified and begins serving, but the organizing board may not assess, levy or collect a tax.

F. The county attorney for the county may advise or represent the organizing board on matters within the board's authority under this chapter if the county attorney determines that the advice or representation is appropriate and not in conflict with the county attorney s duties under section 11-532.

G. If the district is not established within five years after the effective date of this section, the authority of the organizing board is terminated and any intergovernmental agreements executed by the organizing board are terminated.