42-5259. PARTICIPATION BY NONMEMBER IN DISTRICT SOLELY FOR MITIGATION PURPOSES. Upon written request from any ground water user who is not a member of a district, a district board of directors may enter a contract with such nonmember pursuant to which the nonmember shall be allowed to participate fully in, and obtain all benefits of, any mitigation plan, purpose or activity the district currently has in force or is developing, pursuant to terms and conditions acceptable to both parties, provided that:

(1) The board finds that the plan is likely to be effective in mitigating the effects of such nonmember’s ground water use, and that including the nonmember within the mitigation plan’s coverage will not impair the plan’s effectiveness as to district members;

(2) If the district’s mitigation plan has been approved by the director, the board shall evaluate the contract request in accordance with any conditions of the district’s mitigation plan which address equitable participation by ground water users who do not initially participate in such mitigation plan;

(3) Before the contract may be effective, the board may collect from the nonmember a payment adequate to compensate the district for the nonmember’s proportional share of the costs the district already has incurred in developing and implementing the mitigation plan;

(4) The board may include in the contract a provision requiring the nonmember to pay a reasonable surcharge, either annually or on some other basis, to reimburse the district for such nonmember’s proportional share of those past or future costs of operating the district attributable to formulating or implementing the mitigation plan or plans in which the nonmember is participating;

(5) The board may require the nonmember to provide security to assure the payment of all assessments and charges related to the contract.

History:

[42-5259, added 1995, ch. 290, sec. 1, p. 1007; am. 2005, ch. 367, sec. 18, p. 1166; am. 2016, ch. 110, sec. 1, p. 315.]