State Codes and Statutes
Statutes > Missouri > T17 > C278 > 278_290Disestablishment of watershed district, procedure.
278.290. 1. After a watershed district has been organized for morethan five years and that watershed district does not have any outstandingbonds, has not constructed or contracted to construct any works ofimprovement, nor incurred any continuing obligations for maintenance andoperation of any works of improvement or if any works of improvement havebeen constructed, if there are no bonds outstanding, and an agency of theUnited States government or the state of Missouri or a county or municipalcorporation of this state has made arrangements satisfactory to theSecretary of Agriculture and the state soil and water districts commissionto assume responsibility for operating and maintaining such improvement,not less than fifty percent of the landowners of the watershed district maypetition the governing body of the watershed district to call for andconduct a referendum upon the disestablishment of the watershed district.If sixty-five percent of the landowners voting in referendum do vote infavor of the disestablishment of the watershed district, the watersheddistrict board shall declare the watershed district to be disestablished;however, prior to any such declaration the watershed district board shallpay or make arrangements to pay any outstanding indebtedness. Theprovisions of sections 278.190, 278.200 and 278.210 as to notice,qualification of voters and manner of holding the referendum in organizinga watershed district to the extent practicable shall apply to thereferendum held pursuant to this section.
2. Following the entry in the official minutes of the board or boardsof watershed district supervisors of the disestablishment of the watersheddistrict, the watershed district supervisors shall certify this fact on aseparate form, authentic copies of which shall be recorded with therecorder of deeds of each county in which any portion of the watersheddistrict lies and with the state soil and water districts commission.
3. Whenever a watershed district is declared to be disestablished,the respective boards of supervisors of the soil and water conservationdistricts in which the watershed district was formed shall take charge ofall property and funds of the watershed district. After all property hasbeen sold and the obligations of the watershed district are met, anyremaining funds shall be turned over to the county commissions of therespective counties.
(L. 1967 p. 376, A.L. 1969 S.B. 184, A.L. 2001 S.B. 462)
