§ 41-7-210 — Court's order

Wyoming § 41-7-210

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 7: IRRIGATION DISTRICTS
• Art. 2: ORGANIZATION GENERALLY

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(a) If the issues at this hearing are decided in favor of
the petitioners, the court shall make an order:
(i) Approving and confirming the petition;
(ii) Defining the boundaries of the district;
(iii) Dividing the district into three (3) or five
(5) subdivisions as the court may consider appropriate, which
subdivisions shall be as nearly equal in size as may be
practicable and which shall be designated as commissioner
districts, and each district shall be numbered consecutively.
Should the district be first divided into three (3) subdivisions
the same shall be thereafter increased to five (5) subdivisions,
and the number of commissioners increased to five (5), provided
a majority of the qualified electors voting, vote in favor of
such increase at an election called for the purpose. Said
election for the increased number of districts and commissioners
shall be called upon the order of the district commissioners
upon receipt by them of a petition requesting such an election
signed by at least thirty percent (30%) of the qualified
electors of the district. If a majority of the qualified
electors voting should vote in favor of such an increase the
district commissioners shall forthwith proceed to redivide the
district into five (5) subdivisions as nearly equal in size as
may be practicable, and commissioners shall be elected to
represent all districts, as redivided, at the next general
election of the district, and the terms of such commissioners
and the order of their retirement shall be as provided for in
the case of first election of commissioners after the formation
of the district;
(iv) Establishing said district as a corporation by
the name proposed with powers:
(A) To sue and be sued;
(B) To adopt and use a corporate seal;
(C) To have perpetual succession;
(D) To file on and acquire the right to use of
water for domestic and irrigation purposes; to acquire sites for
reservoirs, and rights of way for ditches, canals and laterals;
(E) To exercise the power of eminent domain
under chapter 316 (C.S. 1920), and all acts or parts of acts
amendatory thereto;
(F) To contract with the state of Wyoming for
the reclamation and segregation of public lands pursuant to the
laws of the United States and the state of Wyoming and to
contract for the sale of water rights by it acquired pursuant to
said laws, and to purchase and acquire state lands;
(G) To acquire by purchase or otherwise
irrigation works, water rights, land and other property and to
sell, lease or otherwise dispose of the same, to buy, develop,
sell and distribute electrical energy as an incident to the
ownership, control and operation of irrigation works of the
district or the cooperative works of the district and the United
States as the district may deem expedient or suitable for the
development of the district.
(v) Shall appoint one (1) commissioner from each
commissioner district, who shall be a freeholder or entryman
upon public lands, in said district, provided, however, if the
majority of the irrigable area of the district is unentered
public land, a majority of the commissioners shall be appointed
by the secretary of the interior, who shall be residents of the
state. The commissioners appointed by the court shall at all
times be under the direction of the court and may be removed
from office by the court upon good cause shown; provided,
however, no commissioner shall be removed until written charges
specifying the ground upon which such removal is sought are
filed, and an opportunity given such commissioner to be heard at
a hearing provided. In case a commissioner has been removed
under this provision the court shall immediately appoint a
successor. All findings and order of the court made at the
hearing herein provided for shall be final and conclusive unless
appealed from to the supreme court within thirty (30) days after
filing thereof.