§ 61-35-18 — Inclusion of property in district - Inclusion of municipality - Merger

1. Owners of real property outside any district which can be served economically by the
facilities of the district may petition to be attached to the district. The petition must be
filed with the department of water resources, and the department shall proceed in
substantially the same manner as provided by this chapter for filing of and proceeding
on a petition for organization of a district.
2. All or part of an incorporated city may be included in the boundaries of any existing
district or a district being newly organized, provided the governing body of the city by
resolution or ordinance gives its consent.
3. Boards of two or more districts by concurrent action and by approval of the department
of water resources may merge their districts into one. In case of merger, the members
of the boards of the merged districts may serve until the next annual meeting at which
time the district shall comply with the requirements of section 61-35-08 regarding the
number and eligibility of directors, adopt new bylaws, and set the terms of the new
board according to section 61-35-10. The resulting district shall take over all the assets
and legal liabilities of the districts joining in the merger. Obligations of any district
secured by the revenue of the systems operated by the district must continue to be
required, or a sinking fund must be established for that purpose created from revenue
from the system operated over the same area by the resulting district in accordance
with the laws under which the obligations were issued, until all obligations of the old
district have been retired.

4. If there is a conflict between two or more districts concerning which district will serve
an area, the department of water resources, after a public hearing, shall determine
which district can provide services more adequately and economically within the area.