2006 Utah Code - 17A-3-802 — Hearing -- Factors considered -- Action on petition -- Denial.

     17A-3-802.   Hearing -- Factors considered -- Action on petition -- Denial.
     (1) The commission within 30 days after receipt of an organization petition shall cause notice of hearing upon the question of the desirability and necessity for organization to be published within the area or areas proposed for organization.
     (2) In determining whether to grant or deny an organization petition, the commission shall consider:
     (a) the demonstrated necessity and administrative practicality of organization;
     (b) the topography of the proposed area;
     (c) the soil compositions within the proposed area;
     (d) the prevailing land use practices within the proposed area;
     (e) the relationship of the proposed area to existing watersheds and agricultural regions; and
     (f) the sentiment expressed by persons within the proposed district for or against organization.
     (3) If the commission determines after hearing and consideration that it is not necessary or practical to organize the proposed area into a district, it shall deny the petition and set forth in writing the reasons for its action.
     (4) If the commission determines after hearing and consideration that it is necessary and administratively practical to organize the proposed district, it shall grant the petition and set forth in writing the reasons for its action. Provisions for winding up the affairs of a district are set forth in Section 17A-3-804.
     (5) If the petition is granted, the commission shall certify and file a copy of the legal description of the district with the lieutenant governor.
     (6) The commission, upon denying a petition for organization, is without jurisdiction to entertain a similar petition for six months following denial.

Renumbered and Amended by Chapter 186, 1990 General Session