48-2306. Hearing on petition


A. At the time fixed in the notice for the hearing, the board of supervisors shall
proceed to hear the petition, together with any statements offered by any holder of title
or evidence of title to lands included within the boundaries of the proposed district,
either in favor of or against granting the petition, and may adjourn the hearing from
time to time, not exceeding four weeks in all.


B. On the final hearing, the board shall make such changes in the proposed
boundaries or descriptions as deemed advisable and shall define and establish such
boundaries or descriptions. The board shall not modify the boundaries in a manner that
excludes from the proposed district any lands susceptible of irrigation by the same
general system of irrigation works, nor shall any lands which will not, in the judgment
of the board, be benefited generally or specially by the irrigation works be included in
the proposed district.


C. Lands not included within the proposed district as set forth in the petition,
but which are adjacent or in the proximity of land included within the district, and
which the board finds will be generally or specially benefited by being included in the
district, may, upon application at the hearing by the owners of title or evidence of
title to such lands, be included within the proposed district.


D. Upon the hearing of the petition, the board of supervisors shall determine
whether or not the petition complies with the requirements of sections 48-2303 through
48-2305, and for that purpose shall hear all competent and relevant evidence offered in
support of or in opposition thereto.


E. All decisions and determinations made at the hearing shall be entered upon the
minutes of the board of supervisors. The minutes shall set forth the particular
description of the boundaries of the district as determined by the board of supervisors,
and the boundaries as determined and set forth in the minutes shall not be questioned or
set aside by any court except upon appeal taken in the manner provided in section
48-2307.