§ 46A-3A-16 — Additions and withdrawals of territory.

After a water development district has been established pursuant to chapters 46A-3A to 46A-3E , inclusive, any contiguous county, township, or group of townships may be added to and become a part of the district if: (1) The board of the water development district submits to the Board of Water and Natural Resources a resolution supporting the addition; and (2) A majority of the votes cast on the question in the area proposed for addition support the addition. Any county or that portion of a county included within a district may withdraw from the district if a majority of the votes cast on the question in the area proposed for withdrawal support the withdrawal. Any proposal for an addition or withdrawal, as provided for in this section, must be in the form of a written resolution or petition to the Board of Water and Natural Resources. A resolution proposing an addition or withdrawal, as provided for in this section, must be approved by a four-fifths vote of the board of county commissioners. The petition proposing an addition or withdrawal must be signed by voters at least equal in number to five percent of the votes cast within the area in the most recent gubernatorial election. The county auditor in each county where a petition is circulated shall verify the signatures on the petition. The resolution or petition must state whether the election is for the purpose of becoming a part of or withdrawing from an existing district. The resolution or petition must be presented to the Board of Water and Natural Resources not more than one hundred twenty days nor less than ninety days before a regularly scheduled general election. Upon receipt of the resolution or petition, the Board of Water and Natural Resources must place the question of the addition or withdrawal on the ballot at the next regularly scheduled general election.

Legislative History

SL 1984 (SS), ch 1, § 13; SL 2010, ch 216, § 2; SL 2025, ch 186, § 18.