48-5904. Requirements for formation of the district; approvals required

A. The district may be formed only if all of the following occur:

1. The governing body of each municipal water provider approves holding an election on the issue of formation of the district.

2. If a participating municipal water provider is a private water company, the governing body of each city, town or county in which any participating portion of the service area of the private water company is located approves holding an election on the issue of formation of the district but only after receipt of written approval of the election by the private water company.

3. An election on the issue of formation of the district is held pursuant to section 48-5905 and this section.

4. At any election called for this purpose, a majority of those persons voting on the issue of formation of the district in the participating portion of the service area of each municipal provider approves the formation of the district. If a majority of those persons voting on the issue of formation of the district in the participating portion of any one or more municipal providers fails to approve formation, the district shall not be formed.

B. A district shall not be formed if all of the prospective participating municipal water providers are private water companies.

48-5904. Requirements for formation of the district; approvals required

A. The district may be formed only if all of the following occur:

1. The governing body of each municipal water provider approves holding an election on the issue of formation of the district.

2. If a participating municipal water provider is a private water company, the governing body of each city, town or county in which any participating portion of the service area of the private water company is located approves holding an election on the issue of formation of the district but only after receipt of written approval of the election by the private water company.

3. An election on the issue of formation of the district is held pursuant to section 48-5905 and this section.

4. At any election called for this purpose, a majority of those persons voting on the issue of formation of the district in the participating portion of the service area of each municipal provider approves the formation of the district. If a majority of those persons voting on the issue of formation of the district in the participating portion of any one or more municipal providers fails to approve formation, the district shall not be formed.

B. A district shall not be formed if all of the prospective participating municipal water providers are private water companies.