48-2641

48-2641. Dissolution of district

A. The board of directors of the district, or any landowner whose land is included
within the boundaries of the district, may file with the board of supervisors of the
county in which the lands included within the boundaries of the district, or the major
portion thereof, are located, a verified petition for dissolution of the district,
showing:

1. The date of organization of the district.

2. That all indebtedness of the district has been paid, and that there remains
outstanding no unpaid warrants, bonds or other obligations of the district.

3. The amount of money of the district remaining undisposed of in the district
treasury.

B. The petition shall also set forth any of the following:

1. That all lands of the district are being adequately drained by works constructed
by the district, or other persons or organizations, and the works are being operated and
maintained by persons or organizations other than the district.

2. That all or substantially all of the lands of the district, since its
organization, have been included in an irrigation district vested with the power of
drainage.

3. That satisfactory provision for drainage of all lands of the district has been
made, and that the continuance of the drainage district is no longer required.

C. Upon filing of the petition the board of supervisors shall fix a date for
hearing the petition, and the clerk of the board of supervisors shall give notice of the
hearing by publication for three weeks in a newspaper published and circulated in each
county in which any of the lands within the district are located. The date of the first
publication of the notice shall not be less than twenty-one days before the date of the
hearing.

D. All persons desiring to oppose dissolution of the district may file written
objections thereto at or before the time of the hearing.

E. The board of supervisors shall hear the evidence offered in support of the
petition and in opposition thereto. If the board finds the petition complies with the
requirements of this section, and finds that the allegations thereof are sustained by the
evidence, the board shall enter upon its records an order declaring the district
dissolved. If the board finds that the petition does not comply with this section, or
that any of the necessary allegations thereof are not sustained by the evidence, the
board shall dismiss the petition. If an order of dissolution is entered it shall
terminate all the legal powers and functions of the district.

F. Any funds remaining in the district treasury upon dissolution shall be disposed
of either by being paid over to a drainage district or irrigation district with power of
drainage that has been formed to replace such drainage district, or paid back pro rata to
the taxpayers who paid in such funds, as is provided by the order of dissolution.