A.R.S. tit. 48 ch. 17 — Arizona Revised Statutes Title 48 Chapter 17 — Agricultural Improvement Districts

48-2301. Definitions In this chapter, unless the context otherwise requires: 1. "District" means an agricultural improvement district. 2. "Same general system of irrigation works" means any system of irrigation works of whatever character, combination or construction, by whatever means operated, and whether located within or without the boundaries of an agricultural improvement district or whether consisting of one or more connected or disconnected parts or portions and having one or more sources of supply or having one or more diversions or distribution systems. All drainage works and means of drainage that are in any manner acquired, controlled or operated by an agricultural improvement district for the drainage of all or a portion of the lands within the district, shall be a part of the general system of irrigation works of the district. 48-2302. District as municipal corporation An agricultural improvement district organized under the provisions of this chapter is a public, political, taxing subdivision of the state, and a municipal corporation to the extent of the powers and privileges conferred by this chapter or granted generally to municipal corporations by the constitution and statutes of the state, including immunity of its property and bonds from taxation. 48-2303. Purposes for which district may be organized A. When five or more holders of title or evidence of title to agricultural lands which have at any time been recognized as within the exterior boundaries of a United States reclamation project and which are susceptible of irrigation by the same general system of irrigation works, desire to provide for the improvement of such lands, they may propose the organization of an agricultural improvement district under the provisions of this chapter for any of the following purposes: 1. To secure all or a portion of the water necessary to irrigate the lands, or any part thereof, or to increase or secure additional water therefor. 2. To provide for the storage, regulation, control or distribution of all or any part of the water already available or for an additional or increased water supply available or to become available for the irrigation of all or a portion of the lands. 3. To provide for the development of additional water for the irrigation of all or a portion of the lands. 4. To provide for the drainage of all or a part of the lands. 5. To increase, enlarge or extend, operate and maintain any irrigation or drainage works already in existence and available for the irrigation or drainage of all or a part of the lands. 6. To provide new or additional means for the irrigation or drainage of all or a part of the lands or to provide power or a means of communication for the use of the owners or occupants of the lands. 7. To reduce the cost of irrigation, drainage and power to the owners of the lands in the district by the sale of surplus water or power produced, owned or controlled by the district, and the construction, maintenance, extension, replacement, financing and refinancing of the works useful for such purpose. 8. To finance or refinance as its own obligation all or a part of a debt incurred or proposed to be incurred by a public or private agency in the construction, maintenance, improvement or replacement of the structures and equipment necessary or useful for the accomplishment of any of the purposes set forth in this section. 48-2304. Petition for organization; notice; bond A. In order to propose the organization of an agricultural improvement district, a petition shall be presented to the board of supervisors of the county in which the lands within the proposed district, or the greater portion thereof, are located, signed by the required number of holders of title or evidence of title to the lands within such proposed district. B. The petition shall set forth and particularly describe the proposed boundaries of such district, or if the lands proposed to be included in the district are not contiguous, may set forth the description by legal subdivisions of the several tracts of land proposed to be included in the district, and shall pray that the lands be organized as an agricultural improvement district under the provisions of this chapter, under such name as the petition designates. The petitioners shall accompany the petition with a good and sufficient bond to be approved by the board of supervisors in the amount of the probable cost necessary to be incurred by the board of supervisors in organizing the district, conditioned that the obligors will pay all such costs if the organization is not effected. C. The petition shall be presented at a regular or special meeting of the board of supervisors and the board shall thereupon enter an order fixing a time, not less than three nor more than six weeks after the date of the order, at which a hearing on the petition will be held by the board, and directing that the petition, together with the notice of hearing be published not less than two nor more than four weeks prior to the date of the hearing in a newspaper designated by the board, published in the county. If any portion of the proposed district lies within another county or counties, the order shall further direct that the petition and notice shall be likewise published in a newspaper designated in the order, printed and published in each of such counties. D. The place for the hearing on the petition shall be at the office of the board of supervisors to which the petition is presented. 48-2305. Qualifications of petitioners A. The county equalized assessment roll adopted next preceding presentation of the petition for organization of the district shall be sufficient evidence of title for the purposes of this chapter, but no person who has received or acquired title to land within the proposed district for the purpose of enabling such person to join in the petition or to become an elector of the district shall be allowed to sign the petition or to vote at any election to be held in the district. B. The illegal signing of a petition shall not invalidate the petition when a sufficient number of other legal petitioners join in signing the petition. 48-2306. Hearing on petition A. At the time fixed in the notice for the hearing, the board of supervisors shall proceed to hear the petition, together with any statements offered by any holder of title or evidence of title to lands included within the boundaries of the proposed district, either in favor of or against granting the petition, and may adjourn the hearing from time to time, not exceeding four weeks in all. B. On the final hearing, the board shall make such changes in the proposed boundaries or descriptions as deemed advisable and shall define and establish such boundaries or descriptions. The board shall not modify the boundaries in a manner that excludes from the proposed district any lands susceptible of irrigation by the same general system of irrigation works, nor shall any lands which will not, in the judgment of the board, be benefited generally or specially by the irrigation works be included in the proposed district. C. Lands not included within the proposed district as set forth in the petition, but which are adjacent or in the proximity of land included within the district, and which the board finds will be generally or specially benefited by being included in the district, may, upon application at the hearing by the owners of title or evidence of title to such lands, be included within the proposed district. D. Upon the hearing of the petition, the board of supervisors shall determine whether or not the petition complies with the requirements of sections 48-2303 through 48-2305, and for that purpose shall hear all competent and relevant evidence offered in support of or in opposition thereto. E. All decisions and determinations made at the hearing shall be entered upon the minutes of the board of supervisors. The minutes shall set forth the particular description of the boundaries of the district as determined by the board of supervisors, and the boundaries as determined and set forth in the minutes shall not be questioned or set aside by any court except upon appeal taken in the manner provided in section 48-2307. 48-2307. Appeal from order of board of supervisors A. Any person interested who is a party to the record may appeal to the superior court in the county in which the petition was heard from the order of the board of supervisors, but if more than one appeal is taken, they shall be consolidated and tried together. The appeal shall be taken within ten days after the entry of the order upon the minutes of the board of supervisors. B. Appeals shall be taken and heard in the same manner as appeals from justice courts to the superior court in civil actions, except as otherwise provided by this section. C. Upon the appeal the superior court shall make and enter its judgment affirming, modifying or reversing the order appealed from. Within ten days thereafter the superior court shall transmit a certified copy of the judgment to the board of supervisors. If the order of the board has been modified or reversed, the judgment of the superior court shall direct the board of supervisors to enter the order as modified or the fact of reversal. The judgment shall be filed by the clerk of the board of supervisors, and at the first regular meeting of the board thereafter it shall cause the judgment and order to be entered in its minutes as directed by the court. D. The appeal to the superior court shall be heard and determined within thirty days from the date of filing of the notice of appeal. E. No appeal shall lie to the supreme court from the judgment of the superior court, but any error, omission or infringement of the legal right of any person affected by the judgment of the superior court may be made the subject of an appeal to the supreme court from a judgment of the superior court approving the election and organization of a district as provided in section 48-2313. 48-2308. Election upon question of organization; notice A. Upon entry of the order of the board of supervisors, it shall give notice of an election to be held in the proposed district for the purpose of determining whether or not it shall be organized under the provisions of this chapter. The notice shall designate the name for the proposed district, describe the boundaries thereof, and shall set forth the boundaries of the precincts established therein, when there is more than one, together with the designation of the polling place and a board of election for each precinct. B. The notice shall be published for at least two weeks prior to the election in a newspaper published within the county in which the petition for the organization of the proposed district was presented. If any portion of the proposed district is within another county or counties, the notice shall be published for the same length of time in a newspaper published in each of the counties. 48-2309. Qualifications of electors A. No person shall be entitled to vote at any election held under the provisions of this chapter unless the person is a qualified district elector. In this chapter, a qualified district elector is a person who is otherwise qualified to vote for state officers under the general election laws of this state and who is either of the following: 1. The owner of record of qualified real property. 2. The trust voter for a qualified trust that is the owner of record of qualified real property. B. The owner of record is the owner of the real property on the one hundredth day before the election as shown on the records of the county recorder's office. Qualified real property is real property that is located within the boundaries of the district and that has been assessed for property taxes as shown on the property tax roll next preceding the date of the election. C. A qualified trust is a trust that is formed primarily in furtherance of a person's estate planning and to accomplish a testamentary or inter vivos disposition of assets to the person's family members or to a charitable organization. D. A trust voter is a person who is both of the following: 1. Appointed by the trustee or trustees to vote on behalf of the qualified real property that is owned by the qualified trust. 2. For whose estate planning the qualified trust was formed, or who is a beneficiary of the trust and who is related by consanguinity or affinity to no more than the fourth degree to the person for whose estate planning the trust was formed. 48-2310. Ballots; manner of voting A. The ballots at the organizational election shall contain the words, "agricultural improvement district - -yes," and "agricultural improvement district - -no." The ballots shall also set forth the names of one or more persons, according to the divisions of the proposed district as prayed for in the petition and ordered by the board of supervisors, to be voted for to fill the office of directors. B. The election shall be conducted as nearly as practicable in accordance with the general election laws of the state, but no particular form of ballot shall be required. 48-2311. Canvass of votes; declaration of results The board of supervisors shall, on the first Monday succeeding the election, if then in session, or at its next succeeding regular or special session, canvass the votes cast. If upon the canvass it appears that a majority of all votes cast is "agricultural improvement district - -yes" the board shall, by an order entered in its minutes, declare the lands organized as an agricultural improvement district under the name theretofore designated, and shall declare the persons receiving the highest number of votes for directors to be elected to office. 48-2312. Completion of district organization; limitation on inclusion of certain lands A. The board shall cause a copy of the order, duly certified, to be immediately filed in the office of the county recorder of any county in which a portion of the lands included within the district is located, and immediately forward a copy thereof to the clerk of the board of supervisors of each such county. From and after the filing of the order the organization of the district shall be complete. B. No agricultural improvement district shall be formed which includes lands wholly or in part within the boundaries of a district already organized without the consent of the directors of the included district, but a district may be formed to include all of the lands susceptible of irrigation under a single system of irrigation works under the provisions of this chapter, without the consent of included districts. The included districts shall not thereby be dissolved or their existence terminated, or their assets or liabilities affected, except by and through their own voluntary proceedings in a manner provided by law. 48-2313. Contest of election or organization; appeal A. The election or organization may be contested by any person owning property within the proposed district subject to assessment for purposes of the district. The directors elected at the election shall be made parties defendant. B. The contest shall be brought in the superior court of the county where the petition for organization is filed, and if more than one contest is pending, they shall be consolidated for trial. The court shall try the contest without delay and determine whether the election was fairly conducted and the district properly organized in substantial compliance with the requirements of this article, and enter judgment accordingly. C. The contest shall be brought within twenty days after the canvass of the vote and declaration of the result by the board of supervisors. D. Either party to the record may appeal to the supreme court within thirty days after entry of judgment. The appeal shall be heard and determined by the supreme court within sixty days from the time of filing the notice of appeal. 48-2314. Qualification of initial directors; term of office The directors elected at the organizational election shall immediately enter upon their duties as such, upon qualifying in the manner provided by section 48-2390. The directors shall hold office until their successors are elected and qualified. 48-2315. Organization of initial board of directors; appointment of officers A. The directors of a district organized under the provisions of this chapter, on the first Tuesday after their election and after they have qualified, shall meet and classify themselves by lot into two classes as nearly equal in number as possible. The term of office of the class having the greater number shall expire at the next regular October election, and the term of office for the class having the lesser number shall terminate at the second regular October election thereafter. B. After such classification, the directors shall organize as a board, shall elect a president from their number, and appoint a secretary and treasurer, who shall each hold office during the pleasure of the board. The salaries of the president, the secretary and the treasurer, and the amount of the bond to be given by each for the faithful performance of his duties, shall be fixed by the board of directors. 48-2331. Organization of board; term of office; location of district office A. On the third Tuesday in October following a regular district election, the directors elected at the regular October election and whose terms have not then expired shall meet and organize the board, elect a president and appoint a secretary who shall hold office during the pleasure of the board. The term of office of directors, except those who have drawn an initial shorter term as provided in section 48-2315, shall be four years. B. The office of the board of directors of the district may be established by the board at the county seat or at some other convenient place, either within or without the district but within the county in which the district is organized. After the office is established it shall not be changed without giving notice thereof by posting in three public places in the district and by publishing a similar notice for at least one week in a newspaper of general circulation published in the county where the district is organized. 48-2332. Compensation of directors The compensation of members of the board of directors shall be determined by the board, but shall not exceed sixty dollars per day for each day's attendance at meetings of the board, and actual and necessary expenses while engaged in official business under order of the board. 48-2333. Meetings of board of directors; minutes A. The board of directors shall hold a regular meeting in its office on the first Monday in March, June, September and December, and such special meetings as required for the transaction of business. If the day prescribed for a meeting is a legal holiday, the board shall meet on the Monday following the legal holiday. B. All special meetings shall be ordered by the president or a majority of the board by order entered in the minutes specifying the business to be transacted. Three days notice to any member not joining in the order shall be given by the secretary, and only the business specified in the order shall be transacted at the special meeting. C. All meetings of the board shall be public and a majority of the members shall constitute a quorum for the transaction of business. D. Minutes of all proceedings of the board shall be kept by the secretary and all records of the board shall be open to public inspection during business hours. 48-2334. Definitions; procedures for participation by interested persons in proposed changes in electric rates A. In this section, unless the context otherwise requires: 1. "Change in the standard electric rate schedule" means an increase or decrease or other modification of the rate blocks in, or a change in the method of calculating an escalation provision of, a standard electric rate schedule or the implementation of any new standard rate schedule. 2. "Interested persons" means either electors as set forth in section 48-2309 or purchasers of power from the district under standard electric rate schedules. 3. "Public notice" means one publication in one or more newspapers of general circulation within the district's electric service area and by a direct mailing to its standard electric rate schedule customers of record and to the governing body of each city, town or county lying in whole or in part within the boundaries of the district. 4. "Secretary" means the secretary or assistant secretary of the district. 5. "Standard electric rate schedule" means the district's published electric rate schedules for standard contract customers including, but not limited to, residential, industrial and commercial and agricultural irrigation customers. B. The district shall provide public notice of proposed changes to standard electric rate schedules, stating: 1. That the district is considering making changes in the standard electric rate schedule. 2. That the data described in subsection C of this section is available for inspection. 3. That the board of directors will hold a special meeting as required by subsection D of this section and stating the date, time and place of the meeting. C. For a period beginning with the public notice and until ten days after the close of the board meeting prescribed in subsection D of this section, the district shall make available to interested persons, at its main office, pertinent information, including: 1. Management's recommendation for proposed changes in the standard electric rate schedule. 2. Pertinent financial and planning information, including data from long-range plans and budgets. 3. Current and proposed rate schedules. 4. Reports of consultants, if any. D. Interested persons may file written comments with the secretary at any time during the period prescribed in subsection C of this section. A meeting of the board of directors of the district shall be held no sooner than thirty days and no later than sixty days after the public notice referred to in subsection B of this section. At the meeting, the board of directors shall: 1. Afford representatives of management of the district an opportunity to explain the proposed changes in the standard electric rate schedule, the criteria for such rates and answer questions. 2. Afford any consultants retained by the board an opportunity to comment upon the proposed changes in the proposed rate schedule and criteria for such rates. 3. Afford interested persons a reasonable opportunity to submit written comments or make oral presentations of views, questions and comments. E. Following review of the information and comments gathered in the course of the procedures described in subsection D of this section the board of directors shall make its decision on the proposed changes in the proposed standard electric rate schedules. F. The board of directors shall establish and enforce rules and regulations to carry out the purposes of this section. 48-2335. Administrative powers of board The board may, for and in the name of the district: 1. Manage and conduct the business and affairs of the district. 2. Make and execute all necessary contracts. 3. Adopt a seal for the district to be used in the attestation of documents. 4. Provide for the payment from the appropriate funds of all debts and just claims against the district. 5. Employ and appoint, when necessary, engineers to survey, plan, locate and estimate the cost of the works necessary for irrigation, drainage or power, or any of them. 6. Establish and enforce by-laws, rules and regulations necessary to carry on any of the business of the district. 7. Perform all other acts and things necessary to carry out the purposes of this chapter. 48-2336. General powers of board A. The board shall, for and in the name of the district: 1. Acquire in any lawful manner, lands, easements and other property, real and personal, of every kind, necessary or required for the uses and purposes of the district. 2. Construct, maintain, operate and keep in repair all works and other property acquired and used for any of the purposes of or owned by the district. 3. Accept appointment or other authorization and act as the agent of or otherwise represent or act for all or any part of the owners or occupants of the land within the district in any and all matters pertaining to the purposes of this chapter. 4. Pledge all or any portion of its income, revenue and receipts, from any source derived, for the additional security and payment of any of its bonds and make, execute, acknowledge and perform any and all contracts, agreements and obligations it deems advisable for the interest of the district or to carry out or accomplish any of the purposes authorized or permitted by this chapter. 5. For the purpose of acquiring a supply of electric power to serve the customers within the district's service area, the board, for and in the name of the district, may acquire, own, lease, construct, operate, equip and maintain or contract for, severally or in common with others, electric generating and transmission facilities without the boundaries of the state, or to contract for a supply of electric power without the boundaries of the state. All of the powers in this paragraph 5 are subject to the following limitations: (a) The district may acquire, own, lease, construct, operate, equip and maintain or contract for, severally or in common with others, transmission facilities without the boundaries of the state. (b) The district may acquire, own, lease, construct, operate, equip and maintain, severally or in common with others, electric generating facilities without the boundaries of the state if such electric generating facilities are constructed in accordance with contracts entered into by the district prior to March 1, 1966. (c) The district may acquire, own, lease or contract for, in common with other electrical distributors, electric generating facilities without the boundaries of the state if such facilities are constructed and operated by such other electrical distributors. (d) The district may acquire, own, lease, construct, operate, equip and maintain or contract for, severally or in common with others, electric generating facilities without the boundaries of the state, provided, however, at least two years prior to the commencement of the construction thereof the district shall establish reasonable standards and conditions for the participation by other electrical distributors in such electric generating facilities and shall within thirty days thereafter notify by registered mail all electrical distributors which may be able to meet such standards and conditions. Said standards and conditions shall include ownership participation, power requirements of the district and prospective participants, limitations concerning geographical proximity, electric and economic feasibility, existing facilities and reserve capabilities of participants. Such other electrical distributors who may be interested in participating in such electric generating facilities shall be given an opportunity to participate therein if they shall meet said reasonable standards and conditions for participation. Said standards and conditions shall not discriminate as between all participants. If, eighteen months prior to commencement of construction, no electrical distributor has expressed a desire to participate in such facilities in accordance with said standards and conditions, the district may proceed with the construction thereof severally. (e) The district may contract for a supply of electric power without the boundaries of the state if the district does not acquire legal title to the electric generating facilities from which the electric power supply contracted for is furnished. (f) Any facilities acquired, purchased, leased, constructed, operated, equipped or maintained by the district in accordance with the provisions of this paragraph 5 may be financed and paid for in the same manner as other property acquired by the district is financed. (g) For the purpose of this paragraph 5, "electrical distributors" shall mean both public and private electrical distributors owning directly or through its members generation, transmission and distribution facilities. B. For the purpose of acquiring or assuring a supply of electric power and energy to serve the district's customers, the board, for and in the name of the district may, without the boundaries of the state, acquire, develop, own, lease, purchase, construct, operate, equip, maintain, repair and replace, and contract for, severally or in common with others, any form of energy or energy resources including but not limited to coal, oil, gas, oil shale, uranium and other nuclear materials, hot water, steam and other geothermal materials or minerals, solar energy, wind, water and water power, and compressed air, together with land and any interest therein and all works, processing and transportation facilities, equipment, mechanical and chemical devices, materials and supplies used or useful for any and all of such energy resources or energy forms. Any such form of energy or energy resources and any works, facilities, equipment, mechanical and chemical devices, materials and supplies, acquired, developed, purchased, leased, constructed, operated, equipped, maintained, repaired and replaced by the district pursuant to this paragraph may be financed and paid for in the same manner as other property acquired by the district is financed. 48-2337. Additional power to make contracts and agreements; contents; effect of contract on landowners' rights A. The board of directors shall enter into, execute, acknowledge, deliver and perform all contracts or agreements which it finds in the best interest of the district, with any person, firm or corporation, or with the United States or the state, or any department or agency thereof, or with any county or other political subdivision of the state, or any board, commission or officials of either: 1. For the storage, regulation, control, development and distribution of water for the irrigation of lands within the district, for the use, control and disposal of drainage water within the district or for flood control purposes. 2. For the construction, extension, enlargement, operation, control, maintenance and management of any works or other property of the district, or over which it has control or which may be useful for the irrigation or drainage of land within the district, or for flood control purposes. 3. For providing or furnishing power or any means of communication for the use of the owners or occupants of land within the district. 4. To reduce the cost of irrigation, drainage and power to the owners of the lands in the district by the sale of surplus water or power produced, owned or controlled by the district, and the acquisition, construction, maintenance, extension and replacement of the works useful for such purpose and the financing and refinancing of any real or personal property useful for such purpose through the issuance of bonds authorized by articles 6 and 7 of this chapter, and through contractual debt, borrowing of money, sale, lease and trust financing arrangements. Such contractual debt, borrowing of money, sale, lease or trust financing arrangements are not subject to the requirements of articles 6 and 7 of this chapter. 5. To finance or refinance as its own obligation all or any part of any debt incurred or proposed to be incurred by any public or private agency in the construction, maintenance, improvement or replacement of the structures and equipment necessary or useful for the accomplishment of any of such purposes, either by the issue and sale of bonds or by exchange of bonds for outstanding obligations of such public or private agency or by assuming or guaranteeing the payment thereof. 6. For any one or more or all of said purposes. B. The board shall provide in any contract entered into with the United States, or any corporation, association or irrigation district operating a United States reclamation project, that the lands included in the agricultural improvement district shall be entitled, either upon execution of the contract or upon compliance with the terms and conditions thereof, to become a part of the project with either full or partial proportionate interest in any or all irrigation, drainage, electric power or other works and property of the project, including revenues derived from any such works. C. Nothing in this section or in sections 48-2335 and 48-2336 shall be construed to affect or modify in any manner, or is intended to affect or modify the rights of any landowner within the district to the use of water for the irrigation of his land located within the district, as such rights may be fixed at the time of the organization of the district, nor to authorize the board of directors, without consent of the landowner, to change or modify any such rights of the landowner. 48-2338. Powers of board of directors relating to property A. The legal title to all property and property rights acquired under this chapter shall immediately vest in the district and shall be held by it in trust for, and is dedicated and set apart to, the uses and purposes set forth in this chapter. B. The board of directors may: 1. Acquire, hold, use, manage, occupy and possess property as provided by this chapter. 2. Take conveyances or other assurance for all property acquired by the district under this chapter in the name of the district, to and for the uses expressed in this chapter. 3. Sell, exchange or otherwise dispose of any property of the district which ceases to be needed or suitably adapted for the uses and purposes of the district, and for that purpose execute, acknowledge and deliver for, in the name of and on behalf of the district, all such conveyances, leases, contracts or other instruments in writing as the board deems necessary. 4. Institute and maintain actions and proceedings necessary to enforce, maintain, protect or preserve all rights, privileges or immunities created or granted by this chapter or acquired in pursuance thereof. C. In all courts, actions and proceedings the board may sue, appear and defend in person or by attorney in the name of the district. 48-2339. Construction of works across private and public property A. The board of directors, its agents or authorized representatives may construct any of the works necessary to carry out any provision of this chapter, across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of any canal, conduit, ditch, drain, power transmission line or telephone line of the district may intersect or cross in a manner so as to afford security for life and property, but the board shall restore them when so crossed or intersected to their former state as nearly as possible or in such manner as not to impair unnecessarily its usefulness. The operator of a railroad, or in case of a public highway the board of supervisors, shall cooperate with the board in forming intersections and crossings, and shall grant the privilege. B. If the railroad operator or board of supervisors, are the owners or controllers of the property, thing or franchise to be crossed, and if such owners or controllers and the board of directors cannot agree upon the amount to be paid therefor, or the points or the manner of the crossings or intersections, they shall be ascertained and determined in the manner provided for taking property by condemnation. C. The district shall have the use of and a right of way is expressly granted to it to locate, construct and maintain the works over, through and upon any of the lands which are the property of the state or any subdivision or institution thereof. 48-2340. Right of eminent domain Condemnation proceedings may be brought by the board of directors in the name of the district, and all laws of the state relating to the exercise of the right of eminent domain and the taking of private property for public purposes and obtaining immediate possession thereof shall apply to the proceedings. The use of the property which is condemned, taken or appropriated under the provisions of this chapter is declared to be a public use, subject to regulation and control by the state in the manner provided by law. 48-2341. Right of entry to survey; acquisition of property for works A. The board, its agents, employees and authorized representatives may enter upon any land to make surveys or locate necessary irrigation or drainage works, rights of way, buildings, structures, power transmission lines, telephone lines or any other structures or appliances which it finds necessary or useful for the purposes of the district. B. The board may, for and in the name of and for the use and benefit of the district, exercise the right of eminent domain and thereby take, hold and possess all land and other property necessary for the construction, use, maintenance, repair, improvement or extension of works necessary or useful for the purposes of the district. 48-2342. Effect of inclusion of drainage district within boundaries A. When a drainage district organized under the laws of the state is included wholly or in part within the boundaries of an agricultural improvement district organized under this chapter, the board of directors of the drainage district shall cooperate in every reasonable manner with the board of directors of the agricultural improvement district, and shall permit the use by the agricultural improvement district of all or any part of the drainage works of the drainage district as required by the agricultural improvement district. B. The board of directors of the drainage district may transfer or otherwise surrender to the board of directors of the agricultural improvement district the full and complete management, control, maintenance, use and operation of all or any such portions of the drainage works of the drainage district as the agricultural improvement district may require, and thereafter the agricultural improvement district shall have full power to manage, control, maintain, use, operate, extend, change, enlarge or improve the works in the same manner and to the extent it is authorized, empowered or permitted to control, maintain, manage, use, operate, extend, enlarge, change or improve any works owned or otherwise controlled by it, as its board of directors, its agents or representatives find necessary to accomplish any of the purposes of this chapter. C. From and after the date of such transfer or surrender and thereafter as long as such works remain under control of the agricultural improvement district, the drainage district shall not be liable for any of the cost and expense of making the enlargement, change, extension or improvement of or on the works, or for the management, control, maintenance or operation thereof, but the drainage district shall continue to be and shall remain liable for and shall pay and discharge its indebtedness and other obligations incurred or sustained prior to the date of such transfer or surrender in the same manner and extent as if the transfer or surrender had not been made. The board of directors of the drainage district, for such purpose, shall continue to exercise all the powers and perform all the duties by law conferred on or required of it to pay and discharge such indebtedness or other obligation and to provide the funds therefor. 48-2361. Power of certain districts to change form of governing body A. A district organized under the provisions of this chapter prior to March 6, 1952 and having within its boundaries not less than one hundred seventy-five thousand acres of land under cultivation may by appropriate resolution of its governing body: 1. Provide for its government and management by a board of directors and by a council elected as provided by this article. 2. Increase the number of divisions and directors in the district to ten, which shall severally consist of contiguous territory and be as nearly uniform in contour and contain as near an equal number of acres as practicable, and which shall be numbered consecutively from one to ten. 3. Fix the date or dates of election of directors and councilmen, and pending an election, complete its organization by appointment of such directors and councilmen as is necessary to fill the vacancies thus created, and assign to the newly created divisions prior elected directors who had been elected at large or from original divisions. 4. Adopt bylaws and regulations not inconsistent with the provisions of this article necessary for the efficient management of the district. B. In any district which has by appropriate resolution adopted the alternative form of administration provided for in subsection A of this section, there shall be added four additional directors to the board of directors as follows: 1. Within thirty days after September 23, 1976, the board of supervisors of the county in which the district has been organized shall appoint two additional directors, one of whom shall be appointed to fill the at large directors' seat number 12 and the other shall be appointed to fill the at large directors' seat number 14. Such directors shall be appointed for terms expiring in 1978. 2. Beginning with the district election held in 1980, two additional directors shall be elected to fill at large directors' seats numbers 11 and 13. 3. The directors added to the board pursuant to this section as at large directors shall at the time of appointment or election be owners of land located within the district and shall be residents of the district. Thereafter, the additional directors shall be elected pursuant to section 48-2365 and vacancies filled pursuant to section 48-2366. 48-2362. District council; powers; meetings A. The council shall consist of thirty members, three of whom shall be elected from each division. Each member shall at the time of election be a qualified district elector for land located in the division from which the member is elected, and shall be a resident of the district. B. The council may enact and adopt by-laws and provide for the enforcement thereof for the government of the district, the management of its business and the conduct of its affairs, and may repeal, modify and amend them from time to time. No by-law shall be passed or enforced that will interfere with any existing vested right of any landowner within the district to the use of water for irrigation. C. The council shall meet at least once each year in the place where the principal office of the district is located. The regular annual meeting of the council shall begin on the first Tuesday in May each year, and shall continue in session at its pleasure. Special meetings may be called in such manner and at such times as prescribed by the by-laws. D. The compensation of members of the board of directors shall be determined by the council, but shall not exceed sixty dollars per day for each day's attendance at meetings of the board, and actual and necessary expenses while engaged in official business under order of the board. 48-2363. Board of directors; qualifications; election; powers and duties A. Until the election held in 1980, the board of directors shall consist of the president and twelve directors, one of whom shall be elected from each division and two of whom shall be elected at large to fill the seats which shall be designated as at large director seats numbers 12 and 14. Beginning with the election held in 1980, the board shall consist of the president and fourteen directors, one of whom shall be elected from each division and four of whom shall be elected at large to fill the seats which shall be designated as at large director seats numbers 11, 12, 13 and 14. Each member shall at the time of election be a qualified district elector for land located in the division from which the member is elected or in the case of directors at large, land located within the district, and shall be a resident of the district. B. The board of directors shall, except as modified by this article, have the same powers, obligations and duties as are otherwise prescribed in this chapter. Except for the president and vice-president who shall be elected as provided by this article, the board of directors may appoint officers necessary for the efficient administration of the affairs of the district, and fix their compensation. 48-2364. President and vice-president; election; term of office The president and vice-president of the district shall be elected at large at the regular election and shall serve for a term of four years. Each shall be a qualified district elector and a resident of the district and shall have such powers and perform such duties as prescribed by law and the by-laws of the district. The president shall be the chief officer of the district and shall have general supervision over all other officers of the district in the performance of their duties as such and of the conduct and business affairs of the district. The president shall preside at all meetings of the board of directors and shall be ex officio a member of that board. 48-2365. Terms of office; elections A. Elections shall be held on the first Tuesday in April each even-numbered year. The terms of councilmen, directors, president and vice-president shall be four years and shall commence on the first Monday in May following the election. The president, vice-president, and directors and councilmen elected from divisions 2, 4, 6, 8 and 10, and directors at large numbers 12 and 14, shall be elected to terms of four years at the regular election held in 1978 and every four years thereafter. Directors and councilmen elected from divisions 1, 3, 5, 7 and 9 shall be elected to terms of two years at the regular election held in 1978 and to terms of four years at the regular election held in 1980 and every four years thereafter. Directors at large numbers 11 and 13 shall be elected at the regular election held in 1980 and every four years thereafter. B. The governing body of the district may at any time after March 6, 1952, by appropriate resolution, divide the district into divisions as provided in this article, and shall thereupon assign to proper divisions directors theretofore elected and whose terms have not expired, and appoint councilmen to serve until their successors are elected and qualified at the next succeeding election. C. Nominations for council and the board of directors seats 1 through 10 shall be by petition signed by not less than twenty-five qualified district electors for land within the candidate's division, and nominations for president and vice-president and board of directors seats 11 through 14 shall be signed by not less than two hundred fifty qualified district electors for land within the district and filed with the secretary of the district at least sixty days before the election. Nominating petitions for election as director at large shall state to which numbered seat the petitioner seeks election. A petitioner shall not file petitions for more than one office or seat and shall not be eligible for election to any other seat or office of the district at that election. D. The directors at large shall be elected by the electors of the district qualified under this chapter, and each such qualified elector shall be entitled to cast one vote for the election of each director at large, notwithstanding that the petition for organization of the district provides for acreage voting. 48-2366. Vacancies in office If any member of the council or board of directors ceases to be a qualified district elector for land in the member's division or a resident of the district, or if the president, vice-president or an at large director ceases to be a qualified district elector for lands within the boundaries of the district or a resident of the district, the office shall thereupon become vacant. The council may by appointment fill a vacancy in the council and in the board of directors. The council shall adopt by-laws providing for the filling of vacancies in the office of president or vice-president. 48-2367. Limitation on powers of council and board of directors Neither the council nor the board of directors may dispose of, distribute or deliver any of the waters from lands of the district to or for use upon any lands outside the district, nor shall the boundaries of the district be changed except by the affirmative vote of three fourths of the votes at a regular annual election or special election called for the purpose of voting thereon. 48-2368. Limitation on effect of article This article shall not enlarge, restrict or change the powers of districts created under article 1 of this chapter, and except as modified by this article the provisions of this chapter shall remain in all respects applicable to districts which by appropriate action of their governing body provide for their administration as prescribed in this article. 48-2381. Election of directors and president; number of directors; division of district A. In each district organized under this chapter an election shall be held on the first Wednesday in October of the calendar year next succeeding that in which the organization of the district is completed, at which one or more directors for the district shall be elected to fill a vacancy occurring by expiration of the term of any member of the board elected as provided by section 48-2315, and a like election shall be held every four years thereafter. B. The board of directors may by order at any time increase the number of members of the board of directors to any number not greater than nine and not less than three including the president, and may divide the district into not less than three and not more than eight divisions, as nearly equal in size as practicable, which shall be numbered consecutively. When the district has been divided into divisions one director, who shall be an elector and a resident freeholder of the division, shall thereafter be elected by each division. C. When the number of members necessary to provide a complete board of directors exceeds the number of divisions in the district, the number of directors necessary to provide a complete board of directors, other than the directors elected from each division, shall be elected at large by the qualified electors of the district. D. When the district has not been divided into divisions all directors shall be elected at large by the qualified electors of the district. E. The president or any member of the board of directors elected at large shall be an elector and a resident freeholder of the district. F. The president of the district shall be elected at large by the qualified electors of the district and shall hold office for a term of four years. The president shall be ex officio a member and president of the board of directors. 48-2382. Election where number of members of board increased A. If an order is made increasing the number of members of the board of directors and the date on which the order is made is at least sixty days prior to the first Wednesday of October of the same calendar year, an election shall be held on the first Wednesday in October, but if the date on which the order is made is less than sixty days prior to the first Wednesday in October of the same calendar year, the election shall be held on the first Wednesday in October of the next succeeding calendar year. B. At the election there shall be elected the number of directors necessary to conform the membership of the board of directors to the number provided by the order increasing the membership. No change in the number of members of the board of directors nor in the number of divisions in the district shall affect the term of office of the members constituting the board of directors at the time the order is made, and such members shall continue in office for the full term for which they were elected. The person receiving the highest number of votes for the offices to be filled at an election shall be declared elected thereto. 48-2383. Acreage system of voting A. The petition for organization of the district may provide that each owner of land shall have one vote, or may provide for voting on an acreage basis. B. Except as provided in section 48-2365, subsection D, if the district is or has been organized under a provision for voting on an acreage basis, each landowner possessing the qualifications of an elector shall be entitled to cast one vote at all elections after the organization election on each office to be filled, or each question submitted, for each acre of land within the district owned by him. C. Except as provided in section 48-2365, subsection D, from and after April 18, 1969 each landowner possessing the qualifications of an elector who owns less than one acre of land within the district shall be entitled to a fractional vote on each office to be filled or each question submitted. The fractional vote shall be equal to the fraction of an acre owned by such elector. D. If land is held in more than one name, each owner otherwise possessing the qualifications of an elector may vote the number of acres or fractions thereof represented by his legal interest or proportionate share of and in the lands. E. The result of each election shall be determined by the highest number of votes cast as provided in subsections B, C and D of this section. F. The district shall maintain a record of the persons owning real property within the boundaries of the district as such ownership appears on the records of the county recorder and the number of votes or fractions thereof the owner thereof shall be entitled to vote. 48-2384. Designation of election precincts and voting places; notice of election; election officers; polling places A. The board shall on or before October 1st of each year preceding the year of an election, by an order, establish a convenient number of election precincts in each division, and define the boundaries thereof. B. Fifteen days before an election held under this article, the secretary of the board shall cause a notice to be posted in a public place in each election precinct of the time and place of holding the election, and shall post a similar notice thereof in a conspicuous place at the office of the board, specifying the polling places of each precinct and the names of the members of the board of election for each precinct. Notice of the election shall also be given by publication in a newspaper published in the county in which the office of the board of directors of the district is located, once a week for at least two successive weeks. The notice shall specify the time of the holding of the election, the boundaries of the precincts, and the location of the polling places. C. Prior to the time for posting the notices the board shall appoint for each precinct from the electors thereof one inspector, one judge and one clerk, who shall constitute a board of election for the precinct. If the board fails to appoint a board of election, or if the persons appointed, or any of them, do not attend at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may appoint the election board or fill the places of the absent members thereof. D. The board of directors shall in its order appointing the board of election designate the place in each precinct where the election shall be held. 48-2384.01. Alternative election process Notwithstanding any other law, as an alternative to the election process prescribed in section 48-2384, the board may choose to conduct voting in any election exclusively under the following alternative election process: 1. Beginning ninety days next preceding the Saturday before any election, the secretary of the board shall cause notice of the election to be given by publication in a newspaper published in the county in which the office of the board of directors of the district is located, once a week for at least two successive weeks. The notice shall provide that the election shall be conducted by the alternative election process and shall describe the procedures for obtaining and submitting a ballot and the applicable times and dates. In addition, the notice shall be posted in one public place in each division and in a conspicuous place at the office of the board. 2. Ballots may be requested in person at the office of the secretary of the board, or may be requested by mail, telephone, the internet or other electronic means consistent with procedures to be established by the secretary. Ballots may also be requested and voted at an on-site early voting location, which shall remain open until 7:00 p.m. on the day of the election. The process and time frames for requesting and voting ballots shall generally comply with the process established for early voting by section 16-542, to the extent not inconsistent with this article. 3. Ballots may be returned by mail and must be received by the secretary of the board no later than 7:00 p.m. on the day of the election. 4. Ballots may also be returned in person at the office of the secretary of the board and at other locations as may be established at the discretion of the board no later than 7:00 p.m. on the day of the election. 5. For purposes of elections conducted pursuant to this section, there shall be a single board of election consisting of one inspector, one judge and one clerk, all of whom are appointed by the board of directors. 6. Elections conducted pursuant to this section are exempt from title 16, chapter 4, article 8.1. 48-2385. Duties of election officers; time of election; form of ballots A. The inspector shall be chairman of the election board and may administer all oaths required during the election, and appoint judges and clerks if, during the election, any judge or clerk ceases to act. Any member of the board of election or clerk thereof may administer and certify oaths required to be administered during the election. The board of election for each precinct may, before opening the polls, appoint two persons to act as clerks of the election. Before opening the polls each member of the board and each clerk shall take and subscribe an oath to perform faithfully the duties imposed upon him by law. Any elector of the precinct may administer and certify to the oath. B. The polls shall be opened at six o'clock in the morning and be kept open until seven o'clock in the afternoon on the day of election. C. The provisions of the general election laws of the state prescribing the form of ballots to be used shall not apply to elections held under this article. 48-2386. Counting votes; election returns; recount A. When the board of election has counted the votes it shall make a certificate on each of the documents containing the poll list and tally lists, or attached thereto, stating the number of votes received by each person voted for at the election and designating the office for which each person was voted for. Such number shall be written in figures and words. Each certificate shall be signed by the clerk, judge and inspector. One of the certificates with the poll list and one of the tally lists shall be retained by the inspector and preserved by him for at least six months. B. The ballots shall be strung on a string by the inspector during the counting thereof in the order in which they are entered upon the tally lists by the clerks. The ballots, together with the certificates, poll lis