45-435. Hearing on designation of subsequent
irrigation non-expansion areas and boundaries; notice;
procedures
A. If the director finds that an area which is not included within an active
management area meets the criteria specified in section 45-432, or a petition is filed
pursuant to section 45-433, the director shall hold a public hearing to consider:
1. Whether to issue an order declaring the area an irrigation non-expansion area.
2. The boundaries of the proposed irrigation non-expansion area.
B. The director shall give reasonable notice of the hearing under the circumstances
which shall include the publication once each week for two consecutive weeks in a
newspaper of general circulation in each county in which the proposed irrigation
non-expansion area is located. Any notice shall contain the time and place of the
hearing, the legal description and a map clearly identifying and describing all lands to
be included in the proposed irrigation non-expansion area and any other information the
director deems necessary.
C. The hearing shall be held at a location in the county in which the major portion
of the proposed irrigation non-expansion area is located no less than thirty days but no
more than sixty days after the first publication of the notice of the hearing. At the
hearing, the director shall present the factual data in his possession in support of or
in opposition to the proposed action. Any person may appear at the hearing, either in
person or by representative, and submit oral or documentary evidence for or against the
proposed action. In making his determination, the director shall give full consideration
to public comment and to recommendations made by local political subdivisions.
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