§ 61-05-13 — Order establishing irrigation district - Calling election - Dividing district - Contents of order

Contents of order.
1. If the department of water resources determines the establishment of the proposed
irrigation district is advisable and the plan proposed for irrigating the lands in the
proposed district is practicable and economically sound, the department shall make an
order establishing the irrigation district, subject to the approval of the electors of the
district at an election called by the department for that purpose.
2. If the district embraces more than twenty thousand irrigable acres [8093.72 irrigable
hectares] of land, the department by the order shall divide the district into five or seven
divisions or precincts as the department determines necessary for the convenience of
the electors of the district. The divisions or precincts must be numbered and as nearly
equal in size as practicable. One director must be elected from, and by the electors of,
each division. If an elector owns land in more than one division, the elector shall cast
all the elector's votes for director and is eligible for election as a director in the division
in which the majority of the elector's land subject to assessment lies.
3. The department's order must set forth:
a. The time and place of holding the election.
b. The boundaries of the district.
c. That a petition sufficient in form and substance was filed with the department of
water resources.
d. That due and reasonable notice of time and place of hearing on petition was
given to the qualified electors of the proposed irrigation district.
4. A copy of the order must be filed with the county auditor of each county in which the
irrigation district is situated. The order is prima facie evidence of the matter and facts
therein stated.