48-2903. Organization of district
A. When a majority of the holders of title or evidence of title, including receipts
or other evidence of the rights of entrymen on lands under any law of the United States
or of this state, to lands in a designated area desire to provide for the irrigation of
lands in the area, they may propose the organization of an irrigation district under the
provisions of this chapter. When organized the district shall have all powers conferred
by law upon irrigation districts.
B. When bona fide owners or possessors of lands included within the proposed
irrigation district have constructed ditches, canals, reservoirs, pumping plants and
underground water works which are in actual operation by the owner or owners thereof at
the time of organization of such irrigation district, of sufficient capacity and with
adequate water supply for irrigation of not less than twenty-five per cent of the lands
so owned or possessed, the lands so owned or possessed, together with the ditches,
canals, reservoirs, pumping plants or underground water works so constructed, and the
extensions and enlargements thereof completed within a period of one year from the date
of organization of the irrigation district, and the water and water rights appurtenant
thereto, and any franchise in connection therewith, and all water appropriated for stock,
mining, domestic or power purposes shall be exempted from the provisions of this chapter,
but no such lands shall be exempted unless water has actually been appropriated to
beneficial use upon not less than twenty-five per cent of each parcel sought to be
exempted.
C. When it is proposed to include in an irrigation district lands irrigated from
irrigation works already constructed and in operation, such lands may be included within
the district with assent of the owner thereof, or when such lands are receiving water
from irrigation works owned by a number of landowners, or an association of landowners,
or a corporation in which the stock is owned and held by such landowners, with the assent
of a majority of the landowners or members of the association or stockholders.
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