§ 76-15-201 — Petition To Create Conservation District

76-15-201 . Petition to create conservation district. (1) Any 10% of the qualified electors within the limits of the territory proposed to be organized into a district may file a petition with the department asking that the department approve the organization of a conservation district to function in the territory described in the petition.
(2) The petition must set forth:
(a) the proposed name of the district;
(b) that there is need in the interest of the public health, safety, and welfare for a conservation district to function in the territory described in the petition;
(c) a description of the territory proposed to be organized as a district, which description may not be required to be given by metes and bounds or by legal subdivisions but is sufficient if generally accurate;
(d) a request that:
(i) the department define the boundaries for the district;
(ii) a referendum be held within the territory defined on the question of the creation of a conservation district in the territory; and
(iii) the department determine that a district be created.
(3) Where more than one petition is filed covering parts of the same territory, the department may consolidate all or any part of the petitions.

Legislative History

En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(1), (2); amd. Sec. 1, Ch. 76, L. 1985; amd. Sec. 270, Ch. 418, L. 1995.