2006 Utah Code - 17A-2-1426 — Board may sell or lease water on petition -- Levy and collection of taxes under class D.

     17A-2-1426.   Board may sell or lease water on petition -- Levy and collection of taxes under class D.
     To levy and collect special assessments upon lands under class D as herein provided, the board shall make an allotment of water to petitioning owners of lands in the district, upon which water can be beneficially used in the manner as hereinafter provided, in such amount as will, in the judgment of the board, together with the present supply of water for irrigation purposes on such lands, make an adequate water supply for irrigation of such lands, and shall fix and determine the rate or rates per acre-foot or other unit of measurement, the service, turnout, connection, distribution system charges, or other charges, if any, and the terms at and upon which water shall be held, leased, or otherwise disposed of, for use on said lands. In the event that any person or private corporation shall elect to purchase, lease, or otherwise obtain the beneficial use of waters of the district for irrigation of lands, such person or corporation shall petition the board for an allotment of water upon terms prescribed by the board, which petition shall contain at least the following:
     (1) Name of applicant.
     (2) Quantity of water to be purchased or otherwise acquired.
     (3) Description of lands upon which the water will be used and attached.
     (4) Price per acre-foot or other unit of measurement and the amount of any service, turnout, connection, distribution system charge, or other charges to be paid.
     (5) Whether payments will be made in cash or annual installments.
     (6) Agreement that the annual installments and the charges for maintenance and operating shall become a tax lien upon the lands for which such water is petitioned and allotted and to be bound by the provisions of this part and the rules and regulations of the board.
     The board may accept or reject the petition, but if it deems it for the best interest of the district that the petition be granted, shall enter an order granting the petition, and from and after such order, the petitioner shall be deemed to have agreed to the purchase, lease, or other means of acquiring the beneficial use of water under the terms set forth in the petition and order. Such order shall provide for payment on the basis of rate per acre-foot or other unit of measurement of water allotted to said lands within the district, providing that the board may divide the district into units and fix a different rate per acre-foot or other unit of measurement of water in the respective units and different amounts of service, turnout, connection, distribution system charges or other charges, and provided, further, that such rates and charges shall be equitable although not necessarily equal or uniform for like classes of services throughout the district.
     The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition and giving notice to all persons interested to appear at the office of the board at a time named in said notice and show cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at such time or times at which the hearing on the petition may be adjourned, shall proceed to hear the petition and objections thereto, presented, in writing, by any person showing cause as aforesaid, why the petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be taken as an assent on his part to the granting of the petition. The board may accept or reject the petition, but if it deems it for the best interest of the district that said petition shall be granted, shall enter an order to that effect granting such petition, and from and after such order the petitioner or persons interested therein, shall be deemed to have purchased, leased, or otherwise acquired the beneficial use of water as

set forth in said order. If such petition is granted the board shall cause a certified copy of the order granting the petition to be recorded in the county in which said lands are located, and thereafter the annual installments and annual operating and maintenance charges shall be a perpetual tax lien upon said lands. The board shall on or before the 1st day of July of each year, certify to the county auditor of the county within the district in which such lands are located the amount of the annual installments, plus a fair proportionate amount of the estimated operating and maintenance charges apportioned shall extend the amount so certified on the tax roll as a flat special assessment against the lands for which such water is petitioned and allotted.

Amended by Chapter 5, 1991 General Session