2006 Utah Code - 17A-2-701.5 — Creation of irrigation districts.

     17A-2-701.5.   Creation of irrigation districts.
     (1) The requirements and procedures for creating an irrigation district are governed by the provisions of Title 17B, Chapter 2, Part 2, Creation of Local Districts.
     (2) Notwithstanding anything to the contrary in the provisions of Subsection (1):
     (a) An owner of land located within a proposed district may, prior to the date on which the legislative body adopts a resolution pursuant to Subsection (2)(b), request the county legislative body to include the land in or exclude the land from the proposed irrigation district.
     (b) Within 60 days after the last hearing required under Section 17B-2-210, the legislative body of each county in which lands of the proposed district are located shall adopt a resolution listing, by acreage and ownership, the lands in that county to be included in the proposed district. The lands need not be contiguous. The list of lands to be included will be based upon:
     (i) the boundaries set forth in the map accompanying the petition or resolution to create the local district filed pursuant to Section 17B-2-203;
     (ii) requests for the exclusion of lands from the proposed district; and
     (iii) requests for the inclusion of lands in the proposed district.
     (c) In determining whether to deny requests for inclusion or exclusion, and in listing the lands to be included in the proposed district, the county legislative body may not alter the included lands, shown by the map accompanying the petition or resolution filed pursuant to Section 17B-2-210, in a manner which changes the objects of the petition or exempts from the operation of this part any lands, requiring water, shown on the map included with the petition, and susceptible of irrigation by the same system of waterworks applicable to other lands in the proposed district. Nor may any land which will not, in the judgment of the county legislative body, be benefitted by the proposed system be included in the district.
     (d) At the time of creation of the district, the lands included in the district will consist of the lands listed in the resolution adopted pursuant to Subsection (2)(b).

Enacted by Chapter 285, 2002 General Session