US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 51
                      GROUND WATER MANAGEMENT DISTRICTS
    42-5103.  FORMATION OF DISTRICT -- DECLARATION BY DIRECTOR. After receipt
of the petition and map, the director shall review and examine the same and
may require the submission of such additional or revised data concerning the
boundaries of the proposed district, the costs of repairs or abandonment of
improperly constructed wells or any other matter relevant to the formation of
the district as he may deem necessary. The director shall conduct a hearing on
the petition and supporting documents. Notice of the time and place of the
hearing shall be published by the director in a newspaper or newspapers
published in each of the counties or a newspaper of general circulation
therein at least three (3) weeks before the date of the hearing.
    Within ninety (90) days after the hearing has been concluded, the director
after due consideration of all relevant data and testimony shall determine
whether the proposed district will provide the benefits described, whether the
boundaries proposed are proper with respect to the benefits to be provided,
and whether the formation of the district will serve the interest of the water
users proposed to be benefited. On the basis of his determination, the
director shall enter an order either establishing the ground water management
district and defining the boundaries thereof to reflect the area to be
benefited or denying the formation of the district. If the director orders
formation of the district, he shall cause copies of the order, duly certified,
to be filed with the secretary of the state and board of county commissioners,
county recorder, county assessor and county treasurer of each county in which
any part of the district is situated.