48-2909. Hearing; determination of district
boundaries
A. If at the time and place of hearing it appears that the petition conforms to the
requirements of this article and that the notice of hearing the petition has been given
as required by this article, the board shall proceed to hear the matters relating to the
organization of the proposed district and shall proceed to define the boundaries and
determine the lands to be included in the proposed district and act upon written
applications filed for exclusion of lands therefrom, or inclusion of additional lands
therein, made in accordance with this chapter. The hearing may be adjourned from time to
time, but not to exceed three weeks.
B. After the hearing the board may by final order duly entered refuse or grant the
request of the petitioners or any part thereof, and shall therein define and establish
the boundaries of the proposed district, designate the lands to be included therein for
district purposes and designate the name of the district. The board shall not modify the
proposed boundaries described in the petition in such manner as will change the object of
the petition, or exempt from the operation of this chapter any land within the boundaries
proposed by the petition which is susceptible of irrigation by the same general system of
water works proposed as applicable to other lands in the proposed district. Any land
which will not in the judgment of the board be benefited by nor be susceptible of
irrigation benefits from the proposed system, shall not be included in the district if
the owner thereof makes written application at the hearing to exclude such land. In
hearing the petition the board shall disregard any informality therein.
|