48-1502. Petition for organization;
publication; notice; qualification of petitioners
A. When five or more holders of title, or evidence of title, as provided by this
section, to agricultural lands which are susceptible of cultivation by the same general
system, or by individual system of works, desire to provide for the cultivation of such
lands, they may propose the organization of a power district under the provisions of this
chapter.
B. In order to propose the organization of a power district, a petition shall be
presented to the board of supervisors of the county in which the lands within the
proposed district, or the greater portion thereof, are located, signed by the required
number of holders of title, or evidence of title, to the land within the proposed
district.
C. The petition shall set forth and particularly describe the proposed boundaries
of the district and shall pray that the lands therein be organized as a power district
under the provisions of this chapter. The petitioners shall accompany the petition with
a good and sufficient bond to be approved by the board of supervisors in the amount of
the probable cost necessary to be incurred by the board of supervisors in organizing the
district, conditioned that the obligors will pay all costs if the organization is not
effected.
D. The petition shall be presented at a regular meeting of the board of supervisors
after having been published for at least three weeks prior to presentation in some
newspaper printed and published in the county in which the petition is presented,
together with a notice stating the date of the meeting of the board at which the petition
will be presented.
E. If any portion of the proposed district lies within another county or counties,
the petition and notice shall be likewise published in a newspaper printed and published
in each of the counties.
F. Proof that the petition was signed by the persons whose names appear thereon and
that notice of hearing was given by publication and posting may be made by the affidavits
of persons having knowledge of the facts, which shall be filed with the board, and when
so made and filed, shall be prima facie evidence that the petitioners are entitled to the
hearing prayed for in the petition and of the truth of all matters set forth in the
petition.
G. The county equalized assessment roll adopted next preceding presentation of the
petition for organization of the district shall be sufficient evidence of title for the
purposes of this chapter, but no person who has received or acquired title to land within
the proposed district for the purpose of enabling such person to join in the petition, or
to become an elector of the district, shall be allowed to sign the petition or to vote at
any election to be held in the district.
H. The illegal signing of a petition shall not invalidate the petition when a
sufficient number of other legal petitioners join in signing the petition.
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