45-415

45-415. Local initiation for active management
area; procedures

A. A groundwater basin which is not included within an initial active management
area may be designated an active management area upon petition by ten per cent of the
registered voters residing within the boundaries of the proposed active management area,
as of the most recent report compiled by the county recorder in compliance with section
16-168, subsection G, and a subsequent election held pursuant to the general election
laws of this state. The form of the petition shall be the same as for initiative
petitions, and the applicant for such petition shall comply with the provisions of
section 19-111.

B. Upon application for a petition number with the clerk of the board of
supervisors or county election officer, the director shall transmit a map of the
groundwater basin to the county recorder of each county in which the proposed active
management area is located. The map shall be on a scale adequate to show with
substantial accuracy where the boundaries of the groundwater basin cross the boundaries
of county voting precincts. The director shall also transmit to the county recorder all
other factual data concerning the boundaries of the groundwater basin that may aid the
county recorder in the determination of which registered voters of the county are
residents of the groundwater basin.

C. Any registered voter of a county whose residency in the groundwater basin is in
question shall be allowed to vote. The ballot shall be placed in a separate envelope,
the outside of which shall contain the precinct name and number, the signature of the
voter, the residence address of the voter, and the voter registration number of the
voter, if available. The voter receipt card shall be attached to the envelope. The
county recorder shall verify the ballot for proper residency of the voter before
counting. Such verification shall be made within five business days following the
election, and the voter receipt card shall be returned to the voter. Verified ballots
shall be counted using the procedure outlined for counting early ballots. If residency
in the groundwater basin is not verified, the ballot shall remain unopened and shall be
destroyed.

D. Except as provided in subsection E of this section, all election expenses
incurred pursuant to this section are the responsibility of the county involved.

E. If a groundwater basin is located in two or more counties, the following
procedures apply:

1. The petition shall be filed with the clerk of the board of supervisors or county
election officer of the county in which the plurality of the registered voters in the
groundwater basin resides.

2. The number of registered voters required to sign the petition shall be ten per
cent of the registered voters residing within the boundaries of the proposed active
management area, as of the most recent report compiled by the county recorder in
compliance with section 16-168, subsection G, within the county in which the plurality of
the registered voters in the groundwater basin resides.

3. The election shall be called by the board of supervisors of the county in which
the petition is filed, and the board shall immediately notify the board of supervisors of
any other county included in the groundwater basin of the date of the election. The
election shall be held not less than sixty days or more than ninety days from the date of
the call. The board of supervisors so notified shall then call the election in that
county for the same date and follow the procedures for conducting the general elections
in this state.

4. All election expenses incurred pursuant to this subsection are the
responsibilities of the counties involved on a proportional basis considering the number
of registered voters of each county that are residents of the groundwater basin.

F. The ballot shall be worded, "Should the (insert name of basin) groundwater basin
be designated an active management area?" followed by the words "yes" and
"no". Opposite each such word there shall be a square in which the voter may make a
cross indicating his preference.