§ 41-3-913 — Control areas; election of control area advisory board; mileage and expense allowances

(a) When an underground water district or subdistrict is
declared to be a control area, when the board of control
geographically redesignates a control area or when the board of
control approves the recommendation of a control area advisory
board that board member districts be designated or redesignated,
a control area advisory board shall be created in the manner
provided herein. The control area advisory board shall consist
of five (5) adults who own land or underground water rights, or
who are the officers, officials or members of the board of a
corporation which owns land or underground water rights within
the control area. The board shall represent the entire control
area.
(b) The state engineer shall notify the division advisory
committee of the division in which the control area is located,
of the designation or redesignation of the control area. Within
twenty (20) days of notification, the division advisory
committee shall select a nominating committee of not less than
three (3) persons entitled to vote in the election of the
control area advisory board. The nominating committee shall
nominate not less than five (5) persons for election to the
control area advisory board or, if board member districts have
been established, it shall nominate at least one (1) person for
election in each district. Within thirty (30) days of its
selection, the nominating committee shall report its nominations
to the division advisory committee. The division advisory
committee shall call an election of members of the control area
advisory board, to be held within forty (40) days from the date
of the report. The call of the election shall state the time,
the place within the control area, the purpose of the election,
and the names of persons nominated for election. It shall be
published for two (2) consecutive weeks at least twenty (20)
days prior to the election in a newspaper of general circulation
in each county in which a part of the control area or board
member district lies.
(c) Every person or corporation owning or, by virtue of
public land filing, entitled to possession of land which is a
part of the control area is entitled to cast for each member to
be elected one (1) vote for each acre of such land as assessed
upon the last annual assessment roll of the county in which the
land is located, or as shown by the public land filing. A person
owning a tract of land of less than one (1) acre is entitled to
cast one (1) vote for each member to be elected. The grantee or
assignee of the water in or under any described land is entitled
to vote, as prescribed herein, in the place of the person or
corporation owning or entitled to the possession of the land.
However, if board member districts are established, only the
votes which derive from within each district shall be cast in
the election of the district board member.
(d) At the hour and place of the election the division
advisory committee shall call the roll of those entitled to
vote, and the number of votes each is entitled to. They shall
make a record of the qualified voters present, receive all
proxies and prescribe the method of canvassing the votes. All
proxies shall be in writing and signed by the person entitled to
vote. The five (5) persons receiving the highest number of
votes, or the person receiving the highest number of votes
within each board member district, shall be declared to be
elected, regardless of whether or not they have received a
majority of votes cast. No election shall be invalid because a
majority of the acreage of the control area or board member
district was not represented at the election. Two (2) of the
members so elected shall serve until one (1) year from the third
Tuesday in July of the year following the election, and three
(3) of the members so elected shall serve until two (2) years
following such date. The division advisory committee shall
decide by lot which members shall serve for these terms.
(e) During the first fifteen (15) days of July next
preceding the expiration of the term of any member an election
shall be held to elect members of the control area advisory
board. The control area advisory board shall call and conduct
the election in the same manner prescribed for the first
election. Members elected at any election after the first
election shall serve for a term of four (4) years. Whenever the
office of any member becomes vacant for any cause, a person to
fill the vacancy of the unexpired term shall be appointed by the
remaining members. The costs of elections shall be paid by the
state engineer's office.
(f) Each member of the control area advisory board shall
receive the same per diem, mileage and expense allowances while
attending and traveling to and from meetings of the board and
other official business of the board in the same manner and
amount as employees of the state. No person shall represent more
than one (1) board member district during any term of office,
and no person shall serve on a control area advisory board for
more than two (2) consecutive terms.