2006 Utah Code - 17A-2-1420 — Organization of subdistricts -- Authority -- Bonds -- Board of trustees -- Powers -- Validation of proceedings -- Separability clause.

     17A-2-1420.   Organization of subdistricts -- Authority -- Bonds -- Board of trustees -- Powers -- Validation of proceedings -- Separability clause.
     (1) Subdistricts may be organized upon the petition of owners of real property, within or partly within and partly without the district, which petition shall be in substantially the same form and shall fulfill the same requirements concerning the subdistricts as the petition outlined in Subsection 17B-2-203(1) is required to fulfill concerning the organization of the main district. The petition shall also contain a statement of the initial quantity of water which the subdistrict proposes to acquire from the district for perpetual use. The petitioners shall attach to the petition written evidence of the consent of the board of trustees of the district to furnish each subdistrict the perpetual use of water for the purpose specified. The procedure for the organization of subdistricts shall be the same as for the organization of districts. A subdistrict shall be a separate entity within the district, may contract with the district for the furnishing of water and for other purposes, and in addition to any other authority granted under this part, may issue its bonds pursuant to and in conformity with the provisions of this part for the following purposes: (a) acquiring or constructing all or part of an irrigation water system to be operated by the subdistrict for the purpose of providing irrigation water for agricultural and residential land within the boundaries of the subdistrict, including as a part of the subdistrict, the purchase or acquisition of stock in canal companies, water companies, and water users' associations and the acquisition or purchase of water rights and sources of water supply; and (b) constructing water pipelines and storage works, purchase of water and water rights, operation of waterworks systems for the purpose of providing municipal water within the boundaries of the subdistrict and for this purpose the subdistrict board has the same powers, rights, and privileges granted to a district board referred to in Sections 17A-2-1413, 17A-2-1421, 17A-2-1422, and 17A-2-1424, to carry out its separate purposes under the provisions of this part. The subdistrict board may contract with the district for the furnishing of water for the purposes as stated in the initial petition as well as other purposes. Within 30 days after entering the decree incorporating a subdistrict, the county legislative body of the county shall appoint a board of trustees of the subdistrict not exceeding seven persons who are owners of real property in the subdistrict and who are not trustees of the district. Vacancies in subdistricts shall be filled by the county legislative body of the county. The board of trustees of a subdistrict has all of the powers, rights, and privileges granted to a district board, including specifically, but not limited to, the right of the subdistrict board to levy and collect taxes and assessments referred to in Sections 17A-2-1423 through 17A-2-1430, to carry out its separate purposes, including the payment of principal and interest on bonds payable in whole or in part from the proceeds of assessments and taxes levied under this part issued by the subdistrict under this part. These taxes and assessments may be levied and collected by a subdistrict, notwithstanding the fact that taxes and assessments are being levied and collected by the district in which the subdistrict may lie, to carry out the district purposes; but the taxes levied and collected pursuant to Section 17A-2-1423 may not exceed .0002 per dollar of taxable value of taxable property within the subdistrict to pay the expenses of its organization and administration and may not exceed .0002 per dollar of taxable value of taxable property for all purposes.
     (2) Each subdistrict created under this section may exercise all powers granted to subdistricts under this part, it being expressly found and determined that all taxable property lying in each subdistrict will be benefitted by the acquisition or construction of the improvements acquired or constructed by the district to an amount not less than the aggregate of the taxes and

assessments levied against the property to pay for the cost of acquisition or construction. Wherever proceedings are adopted under authority of this part purporting to create any subdistrict, all proceedings in connection with the creation of each subdistrict are validated, ratified, and confirmed, notwithstanding any failure to comply with any one or more pertinent statutory provisions; and each subdistrict is declared to be a validly created and existing subdistrict under authority of law.
     (3) If any provision of this part, or the application of any provision to any person or circumstance, is held invalid, the remainder of this part is not affected.

Amended by Chapter 90, 2001 General Session