43-310 — HEARING -- OBJECTIONS -- FINDINGS


                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 3
                             POWERS AND DUTIES OF
                              BOARD OF DIRECTORS
    43-310.  HEARING -- OBJECTIONS -- FINDINGS. Upon the day fixed for the
hearing of said petition, any person or corporation interest [interested]
therein, may appear before said court and make objections in writing to the
granting of said petition but said objections shall be limited to determining
whether or not the granting of authority to said irrigation district to
perform the duties and functions of a drainage district and as such perform
such functions is a proper and advantageous method of accomplishing the
reclamation and protection of swamped, bogged or water-logged lands and lands
subject to overflow therein, and whether or not there is a reasonable
probability that the object sought by granting such powers to said irrigation
district may be accomplished, and whether or not the drainage of lands in said
district will be conducive either to the public health, welfare or convenience
or increase the public revenue; and at the hearing the court shall hear and
consider such evidence only as may be presented for or against the petition or
objections thereto. Thereupon the court shall make its findings upon the facts
alleged in the petition and objections and any other facts necessary and
proper for the determination of the propriety of granting such powers to said
irrigation district; and if such petition be granted the judge of said court
shall make findings of fact setting forth the facts found by the said judge
upon the hearing of said petition.