48-1546. Other board powers; judicial
proceedings; validity of organization
A. The board may take conveyances for all property acquired by it under the
provisions of this chapter in the name of the district for the purposes expressed in this
chapter, and institute and maintain all actions and proceedings necessary or proper in
order to carry out the provisions of this chapter, or enforce, maintain, protect or
preserve all rights, privileges and immunities created by this chapter, or acquired in
pursuance thereof.
B. In all courts, actions, or proceedings the board may sue, appear and defend in
person or by attorney in the name of the district.
C. Judicial notice shall be taken by the courts of the state of the organization
and existence of any power district of this state from and after the filing of record in
the office of the county recorder of the certified copy of the order of the board of
supervisors, as provided by section 48-1511. A certified copy of the order shall be
prima facie evidence in all proceedings in any court in this state of the regularity and
legal sufficiency of all acts, matters and proceedings therein recited.
D. Any power district in respect to which any such order has been recorded in the
office of the county recorder which has exercised the rights and powers of a power
district, which has in office a board of directors exercising the duties of their office,
and the legality and regularity of the formation or organization whereof has not been
questioned by proceedings in quo warranto instituted in the superior court in the county
in which the district or the greater portion thereof is located within one year from the
date of recording such order, shall be conclusively deemed to be a regularly and legally
organized, established and existing power district within the meaning of this chapter,
and its due and lawful formation and organization shall not thereafter be questioned in
any action or proceeding whether brought under the provisions of this chapter or
otherwise.
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