§ 41-7-804 — Creation; procedures generally

Wyoming § 41-7-804

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 7: IRRIGATION DISTRICTS
• Art. 8: PUBLIC IRRIGATION AND POWER DISTRICTS

Text

(a) The procedure for creating and incorporating a
district under the provisions of this act shall be in accordance
with the following method, to wit:
(i) A public irrigation district may be organized
under the provisions of this act by filing in the office of the
state engineer a petition in compliance with the requirements
hereinafter set forth, and the approval of said petition by the
state engineer of Wyoming as hereinafter provided. Said petition
shall be addressed to said state engineer and state in substance
that it is the intent and purpose of the petitioners by said
petition to create a district under the provisions of this act,
subject to approval by said state engineer. Said petition must
contain: (A) the name of the proposed district. If the proposed
district is to engage in the business of owning or operating
irrigation works, such name shall include the words "public
irrigation district." If the proposed district is also to engage
in the business of acquiring, manufacturing or selling or
distributing electric power, the name of the proposed district
shall include the words "public irrigation and power district";
(B) the object and purpose of the system proposed to be
constructed, together with a general description of the nature,
location and method of operation of proposed irrigation works,
and of proposed power systems if owning and operating power
plants or systems is to be a part of the business of the
proposed district; (C) a description of the lands constituting
the proposed district and of the boundaries thereof; (D) the
location of the principal place of business of the proposed
district; (E) a statement that the proposed district shall not
have the power to levy taxes; (F) the names and addresses of the
members of the board of directors of the proposed district (not
less than five (5) nor more than thirteen (13) who shall serve
until their successors are elected and qualified as provided for
in this act. In the petition, the directors named shall be
divided as nearly as possible into three (3) equal groups, the
members of the first group to hold office until their
successors, elected at the first district election thereafter,
shall have qualified; the members of the second group to hold
office until their successors, elected at the second district
election thereafter, shall have qualified, and the members of
the third group to hold office until their successors, elected
at the third district election thereafter, shall have qualified.
Thereafter all directors elected shall serve for a term of three
(3) years and until their successors are elected and qualified.
After the name of each director shall be stated to which of said
three (3) groups he belongs. Said petition must be signed by
twenty-five percent (25%) of the freeholders or entrymen of the
area constituting said proposed district, or by their duly
authorized representatives. On each petition, set opposite the
signature of each petitioner, shall be stated his or her name
and post-office address. To each sheet for petitioners'
signatures shall be attached a full and correct copy of the
petition. Every sheet of every such petition containing
signatures shall have upon it and below the signatures an
affidavit by the circulator in substantially the following form:
State of Wyoming )
) ss
County of .... )
...., being first duly sworn, deposes and says, that he is
the circulator of the foregoing petition containing ....
signatures; that each person whose name appears on said petition
sheet personally signed said petition in the presence of
affiant; that he believes that each of said signers is a
freeholder of land to be included within the proposed district
residing at the address written opposite his or her name, and
that affiant stated to every petitioner before he or she affixed
his or her signature the legal effect and nature of said
petition.
................
Circulator
Subscribed and sworn to before me this .... day of ...., (year).
................
Notarial Officer;
(ii) Upon receipt of such petition it shall be the
duty of said state engineer to make an immediate investigation
of the proposed district and of its proposed works, systems or
plans, and, if deemed by said state engineer feasible and
conforming to public convenience and welfare, the state engineer
shall thereupon and within ninety (90) days from the receipt of
such petition execute a certificate, in duplicate, setting forth
a true copy of said petition and declaring that said petition
has been approved. Said state engineer shall immediately cause
said certificate to be forwarded to and filed in the office of
the secretary of state and a copy thereof certified by him in
the office of the county clerk of the county in which the
principal place of business of the district is to be located.
Thereupon, said district, under its designated name, shall be
and constitute a body politic and corporate under the provisions
of this act, and shall be a public corporation of the state of
Wyoming. Immediately upon the filing of said certificate in the
office of the secretary of state and a certified copy thereof in
the office of said county clerk the members of the board of
directors named in the petition shall qualify as provided for in
this act and immediately assume the duties of their office.
Failure or refusal to qualify within a period of fifteen (15)
days thereafter shall be deemed to create a vacancy which shall
be filled as in this act provided. The first meeting of the
board of directors shall be called by the director first named
in the petition who qualifies.