A.R.S. tit. 48 ch. 19 — Arizona Revised Statutes Title 48 Chapter 19 — Irrigation And Water Conservation Districts

48-2901. District as municipal corporation All irrigation districts organized under the laws of this state are declared to be municipal corporations for all purposes. Under the laws of this state affecting or relating to irrigation districts such irrigation districts shall be deemed municipal corporations in the construction and application thereof. 48-2902. Taking of waters without compensation prohibited This chapter shall not be construed as authority to any district or district officers to divert the water of a river, creek, stream, canal or reservoir to the injury or damage of any person or persons having a prior right to such water, prior to such time as the amount of the injury or damage has been ascertained and paid to the party who is injured thereby, in proceedings under the laws of the state relative to the taking of private property for public use. 48-2903. Organization of district A. When a majority of the holders of title or evidence of title, including receipts or other evidence of the rights of entrymen on lands under any law of the United States or of this state, to lands in a designated area desire to provide for the irrigation of lands in the area, they may propose the organization of an irrigation district under the provisions of this chapter. When organized the district shall have all powers conferred by law upon irrigation districts. B. When bona fide owners or possessors of lands included within the proposed irrigation district have constructed ditches, canals, reservoirs, pumping plants and underground water works which are in actual operation by the owner or owners thereof at the time of organization of such irrigation district, of sufficient capacity and with adequate water supply for irrigation of not less than twenty-five per cent of the lands so owned or possessed, the lands so owned or possessed, together with the ditches, canals, reservoirs, pumping plants or underground water works so constructed, and the extensions and enlargements thereof completed within a period of one year from the date of organization of the irrigation district, and the water and water rights appurtenant thereto, and any franchise in connection therewith, and all water appropriated for stock, mining, domestic or power purposes shall be exempted from the provisions of this chapter, but no such lands shall be exempted unless water has actually been appropriated to beneficial use upon not less than twenty-five per cent of each parcel sought to be exempted. C. When it is proposed to include in an irrigation district lands irrigated from irrigation works already constructed and in operation, such lands may be included within the district with assent of the owner thereof, or when such lands are receiving water from irrigation works owned by a number of landowners, or an association of landowners, or a corporation in which the stock is owned and held by such landowners, with the assent of a majority of the landowners or members of the association or stockholders. 48-2904. Name of district; change of name A. The name of a district organized under this chapter shall contain the words "irrigation district" or "water conservation district," and if the district is vested with the power of drainage, it shall also contain the word "drainage." B. Any district which has in its name the words "irrigation district," may change its name by substituting for the word "irrigation," the words "water conservation" or such other change in name the board of directors deems advisable, other than as specifically provided by this section, by filing with the board of supervisors of the county where the original petition for organization of the district was filed, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all members thereof at a regular meeting of the board. Thereafter all proceedings of such district shall be had under the changed name. All existing obligations and contracts of the district entered into under its former name shall remain unimpaired and unaffected by such change of name. 48-2905. Petition for organization; inclusion of power of drainage A. For the purpose of organizing an irrigation district as provided by this chapter, a petition signed by a majority of the resident owners of real property to which they hold title or evidence of title in the proposed district shall be filed with the board of supervisors of the county in which the greater portion of the proposed district is located. Each signer of the petition shall describe the lands to which he holds title or evidence of title in the proposed district. B. The petition shall state that the petitioners propose to organize an irrigation district under this chapter, shall set forth a general description of the boundaries, an estimate of the total acreage to be benefited by the proposed district, the number of directors of the proposed district, as authorized by section 48-2914, 48-2914.01 or 48-2915, and the means proposed to supply water for irrigation of lands included therein, and shall request that the board define and establish the boundaries of the proposed district and submit the question of final organization of the proposed district to the electors qualified as prescribed by this chapter. The petition shall designate a committee of three of the petitioners to file the petition with the board of supervisors. C. When the petitioners for the organization of an irrigation district desire the irrigation district when organized to have the power to drain the lands within the district, the petition shall also request that the board of supervisors submit the question of vesting the district with the power of drainage to such electors. 48-2906. Bond required upon filing petition; payment of costs of organization A. At the time of filing the petition a good and sufficient bond in double the amount of the probable cost of organizing the district, conditioned upon the payment to the county of all expenses incurred by the board in the proceedings if organization of the district is not effected, shall be filed with and approved by the board of supervisors. B. If organization of the district is effected, all expenses incurred by the board of supervisors in the proceedings shall become county expenses and shall be paid to the county by the district from monies received from the first collection of taxes by the district. 48-2907. Time of hearing petition; notice of hearing When the petition has been filed with the board of supervisors and the bond approved, the board shall fix a time for hearing the petition which shall be not less than three nor more than seven weeks after the date of filing the petition. The board of supervisors shall cause the petition, together with a notice signed by the clerk of the board of supervisors giving the time and place of hearing the petition, to be published for at least two weeks in a newspaper published in the county, or if no newspaper is published in the county, in a newspaper published in an adjoining county, and by posting copies of the petition and notice in three or more conspicuous places in the proposed district at least two weeks before the date set for hearing. 48-2908. Proof of publication of notice of hearing; veracity of signatures on petition Proof that the petition was signed by the persons whose names appear thereon and proof that notice of hearing was given by publication and posting may be made by the affidavit or affidavits of persons having knowledge of the facts, and filed with the board. When the affidavits are made and filed they shall be prima facie evidence that the petitioners are entitled to the hearing prayed for in the petition and of the truth of all matters set forth in the petition. 48-2909. Hearing; determination of district boundaries A. If at the time and place of hearing it appears that the petition conforms to the requirements of this article and that the notice of hearing the petition has been given as required by this article, the board shall proceed to hear the matters relating to the organization of the proposed district and shall proceed to define the boundaries and determine the lands to be included in the proposed district and act upon written applications filed for exclusion of lands therefrom, or inclusion of additional lands therein, made in accordance with this chapter. The hearing may be adjourned from time to time, but not to exceed three weeks. B. After the hearing the board may by final order duly entered refuse or grant the request of the petitioners or any part thereof, and shall therein define and establish the boundaries of the proposed district, designate the lands to be included therein for district purposes and designate the name of the district. The board shall not modify the proposed boundaries described in the petition in such manner as will change the object of the petition, or exempt from the operation of this chapter any land within the boundaries proposed by the petition which is susceptible of irrigation by the same general system of water works proposed as applicable to other lands in the proposed district. Any land which will not in the judgment of the board be benefited by nor be susceptible of irrigation benefits from the proposed system, shall not be included in the district if the owner thereof makes written application at the hearing to exclude such land. In hearing the petition the board shall disregard any informality therein. 48-2910. Hearing on vesting proposed district with power of drainage A. If the petition requests the board of supervisors to submit to the electors of the district the question of vesting the proposed district with the power of drainage, the board shall hear all matters relating to the need for drainage of the lands of the proposed district and may by final order duly entered refuse or grant such request of the petitioners. B. The board shall not exclude from the district lands susceptible of sustaining drainage benefits or lands which, through flowage or seepage either surface or underground from the irrigation thereof or from canals and ditches supplying water thereto, will contribute to the water logging of other lands of the proposed district. The board shall not include lands not susceptible of sustaining drainage benefits and which will not contribute to the water logging of other lands of the proposed district either through flowage or seepage either surface or underground from the irrigation thereof or from canals and ditches supplying water thereto. 48-2911. Denial of petition or application If the board denies the petition or any part thereof, or an application made for any reason, it shall in writing state in detail its reasons therefor which shall be entered upon the records of the board. 48-2912. Remedy of persons aggrieved by board order Any person aggrieved by the action of the board of supervisors in the hearing on the petition may apply for a writ of mandamus to the superior court of the county in which the hearing was conducted, and if the court grants and issues an alternative writ it shall be heard within twenty days from its issuance, which period shall be excluded from any limitation within which the board is required to act upon the petition. 48-2913. Order of election; contents A. If upon the hearing the request of petitioners is granted the board of supervisors shall by further order entered upon its record call an election of the qualified electors of the proposed district to be held for the purpose of determining whether or not the proposed district shall be organized under this chapter. B. For the purpose of the election on organizing the district, the board shall in the order: 1. Divide the proposed district into three divisions as nearly equal in size as practicable to be known as "first division," "second division" and "third division." 2. Designate at least one polling place in each division. 3. Name one or more persons, qualified as electors, in each of the three divisions of the proposed district to be voted for as directors from the respective divisions and, if so provided by the petition, two or more qualified electors from the proposed district to be voted for as directors at large. 4. Name three judges of the election for each division, one of whom shall act as clerk of the election. 48-2914. Nine member board of directors in certain districts; adoption of nine member board after organization A. When a proposed irrigation district includes twenty-five thousand or more acres of land and the petition proposing the district requests that the district have a board of directors of nine members, the board of supervisors shall nominate three or more qualified electors in each of the three divisions of the proposed district to be voted for as directors from the division. Such a district shall not elect any directors at large. B. Irrigation districts including twenty-five thousand or more acres of land and organized and divided prior to March 18, 1931 into three divisions with one director elected from each division may by resolution of the board of directors provide for the election thereafter of three qualified electors as directors from each division. The additional directors shall be elected at the next regular election thereafter. Such a district shall not elect any directors at large. C. At the first election held under the provisions of subsection B two directors shall be elected in two of the divisions of the district, and three in the division in which an election for director would have otherwise been held. D. Immediately after holding the first election under this section, and the election and qualification of directors, the directors shall divide themselves into three classes. Directors of the first class shall hold office for a term of three years, directors of the second class for a term of two years, and directors of the third class for a term of one year, and until their successors are elected and qualified. Directors whose terms would have otherwise expired at the next regular election shall, if elected at the first election held under this section, belong to the first class. Directors holding office for unexpired terms shall be assigned to appropriate classes dependent upon the period of their unexpired terms. All others shall be assigned to classes by lot. E. Thereafter at each regular election one director shall be elected each year in each division, and shall hold office for a term of three years and until his successor is elected and qualifies. F. A board of directors may, under this section, fill vacancies until the next election. 48-2914.01. Additional directors in certain districts A. If a district includes more than ten thousand acres of land, the district, by resolution of the board of directors, may provide for electing two qualified electors as directors at large in addition to one director elected from each division in the district. At the first election held under this subsection the candidate for at large director receiving the highest number of votes shall hold office for three years, and the candidate for at large director receiving the next highest number of votes shall hold office for two years. Directors elected at large at subsequent elections hold office for a term of three years. B. If a proposed district includes more than ten thousand acres of land, the petition proposing the district may request that the district board of directors include two qualified electors as directors at large in addition to one director elected from each division. C. If a district includes more than ten thousand acres of land and has five board members pursuant to subsection A or B of this section, the district by resolution of the board of directors may provide for the election of one additional qualified elector from each division to serve as directors from each division and shall reduce its board membership from two directors at large to one director at large. The reduction from two directors at large to one director at large takes effect at the end of the term of the at large director whose term expires immediately after August 3, 2018, and that at large director's position on the board of directors is eliminated. The board shall stagger the terms of the directors from each division so that not more than one director from each division is elected in any year. Directors hold office for a term of three years. 48-2915. Election of all directors at large in certain districts When the acreage to be benefited by the proposed district is ten thousand acres or less, the board of supervisors shall not divide the proposed district into three divisions unless the petitioners request it to be so divided. If a district is not divided the board of supervisors shall proceed with the election and submit the question of organization of the district as provided by this article, and three directors of the proposed district shall be elected at large from the qualified electors of the proposed district. In all other respects the election shall be held and conducted in substantial conformity with the provisions of this article. 48-2916. Notice of election The board of supervisors shall cause a notice embodying the order in substance, signed by the chairman and clerk of the board, to be issued and published, giving public notice of the organizational election, the time and polling places, and specifying the matters to be submitted to the vote of the electors of the proposed district. The notice and order shall be published once a week for at least three weeks prior to the election in a newspaper of general circulation in the county. If any portion of the proposed district lies within any other county or counties, the notice and order shall be published in a newspaper of general circulation published in each of such counties. A copy of the notice and order shall be posted in at least one conspicuous place in each of the divisions of the proposed district for at least two weeks prior to the date of the election. 48-2917. Qualifications of electors; definitions A. No person shall be entitled to vote at any election, held under the provisions of this chapter unless: 1. He is a holder of title or evidence of title, including receipts or other evidence of the rights of entry-men on lands under any law of the United States or this state, to land in the district, and has possessed such qualifications for ninety days immediately preceding the date of such election. 2. He has resided continuously for six months immediately preceding the election in the county in which the district or a part thereof is located. 3. He is at least eighteen years of age. 4. He is registered as provided by section 48-3015. B. For the purpose of organization of a new district, the qualifications of electors shall be determined as provided in subsection A of this section, except that subsection A, paragraph 4 of this section shall have no applicability in determining the qualifications of such electors. C. The administrator or executor of the estate of a deceased person, and the guardian of a minor or incompetent person, appointed and qualified under the laws of the state, may register and cast the vote of the estate or person which he represents. The officer of a corporation who is designated and authorized by a resolution of the board of directors of the corporation may register and cast the vote of the corporation. D. For the purposes of this chapter: 1. "Evidence of title" includes bona fide contracts of purchase, recorded not less than ninety days immediately preceding the date of an election at which the holder seeks to vote, by the terms of which the purchaser is given possession of the land, is required to pay all taxes and assessments thereon, and is expressly authorized to vote as to such land at district elections. In such case the holder of the record title is not entitled to vote as to such land. 2. "Holder of title" or "bona fide landowner" means a person whose title has been recorded in the office of the county recorder not less than ninety days prior to the date of an election at which such person seeks to vote. When the holder of record title is a married person and the title is held in the name of only one spouse, only the spouse in whose name the title stands shall be entitled to vote in the election. E. The general partner of a partnership in whose name title to property within the district is vested as a holder of title or evidence of title, who is designated and authorized in writing by all of the general partners, may register and cast the vote of the partnership. F. The trustee of a trust, and the trustee who is designated and authorized in writing by all of the trustees of a trust in which there are more than one trustee, in whose name title to property within the district is vested as a holder of title or evidence of title, may register and cast the vote of the trust. 48-2918. Ballots; manner of voting A. The ballots at an election for the formation of an irrigation district shall be supplied by the board of supervisors and shall contain the words, "irrigation district, yes" and "irrigation district, no." If the board of supervisors has submitted the question of vesting the proposed district with the power of drainage the words "drainage power, yes" and "drainage power, no" shall be added. The ballots shall contain the names of the qualified electors to be voted for as directors from each division of the proposed district and as directors at large, if any, with one blank space where the elector may write the name of any other qualified elector of the division for whom he desires to cast a vote as a director and, if necessary, two blank spaces where the elector may write the names of other qualified electors of the district for whom he desires to vote as directors at large. B. One director shall be elected from each division of the proposed district and, if provided by the petition, two directors shall be elected at large, unless otherwise provided by law. The elector shall vote for one person only as division director and, if provided by the petition, for not more than two persons as at large directors and shall indicate his choice by placing the mark X opposite the name, question or proposal for which or against which he desires to vote. 48-2919. Conduct of election; return A. The polls shall be open on the day of election from eight o'clock in the morning until six o'clock in the afternoon. After closing the polls the judges of the election shall ascertain the result of the vote and certify it in writing to the board of supervisors of the county which ordered the election within two days after the day of election, and shall accompany the certificate with all ballots used in the election, and all records made thereof. B. If at the election a judge for any reason fails to act, the qualified electors present at the opening of the polls shall appoint another judge who shall in all respects be qualified after selection to perform the duties prescribed by this article. C. The judges of the election may administer oaths for any purpose pertaining to the election, may decide upon the qualifications of electors and shall make certificates respecting any matter concerning the election. 48-2920. Early voting An elector who desires to vote by early ballot may vote by early ballot at an election held in the district substantially in the manner as provided by title 16, chapter 4, article 8. In the application of such article to this section: 1. The words "division of the district" shall be substituted for the word "precinct". 2. The duties required of the county recorder shall be performed by the secretary of the board. 3. The duties of the early election board shall be performed by the election judges appointed under section 48-3016. 48-2921. Canvass of votes; declaration of result; organization of another district including lands of district A. The board of supervisors shall meet on the second Monday next succeeding the election and canvass the votes cast. If it appears that a majority of the votes cast at the election in the proposed district is "irrigation district, yes," the board shall, by an order entered on its minutes, declare the district organized under the name previously designated, and shall declare the persons receiving the highest number of votes in each division of the district to be duly elected as division directors, declare, for appropriate districts, the two at large candidates receiving the highest number of votes to be duly elected as directors at large and declare the terms of the directors according to the vote received by each. The order shall describe the boundaries of the district and particularly describe the lands finally included therein for district purposes. B. If the question of vesting the district with the power of drainage has been submitted the board shall declare in the order that the district is either vested or not vested with the power of drainage as determined by its canvass of the votes. C. The board shall cause a copy of the order, including a map of the district showing the boundaries thereof and lands ordered included therein, duly certified by the clerk of the board of supervisors, to be immediately recorded in the office of the county recorder of each county in which any portion of the lands is located. D. The board of supervisors of a county in which any portion of the district is located shall not after the date of recording permit the organization of another district including any portion of such lands without consent of the board of directors of the district first including such lands. 48-2922. Completion of district organization; qualification of directors; determination of term of initial directors A. Upon recording the order of the board of supervisors the organization of the district shall be complete, and the directors shall within fifteen days thereafter qualify in the same manner as in this chapter required of directors elected at subsequent elections. The directors shall thereafter immediately enter upon the duties of their respective offices. B. If two or more candidates at an organizational election receive the same number of votes for director of a division or for director at large, the choice of director shall be decided by lot between them, under the supervision of the chairman of the board of supervisors. C. The director receiving the highest number of votes for a director from a division and for director at large, if any, at the election held for formation of the district shall hold office for three years, the director receiving the next highest number of votes for a director from a division and for director at large, if any, shall hold office for two years, and the remaining director shall hold office for one year, from January 1 following. No annual election of directors shall be held in November of the calendar year in which the organization of the district is effected. Each director so elected shall hold office until his successor is elected and qualifies. 48-2923. Testing validity of organization of district by quo warranto Within one year after the date of filing the order of the board of supervisors declaring the district organized, any person affected thereby may commence quo warranto proceedings to test the validity of the organization of the district, but no such proceedings or other action whatever shall be commenced after such year period. 48-2941. Petition for inclusion of lands; notice of hearing; payment of expenses of publishing notice A. The holder or holders of title or evidence of title representing a majority of the acreage of any body of land adjacent to the boundary of an irrigation district, may file with the board of directors of the district a petition in writing requesting that such lands be included in the district. B. The petition shall describe the parcels of land proposed to be included. The filing of the petition shall be deemed consent of the petitioners to the inclusion in the district of the lands owned by them, and the petition shall be acknowledged by one or more of the signers thereof. If state lands are embraced in the petition the state land commissioner may sign on behalf of the state, and no state lands shall be included in a district nor be subject to irrigation district laws unless the petition is filed by the state land commissioner, and in no event shall state lands become encumbered for any debt, obligation or liability of any irrigation district. C. The secretary of the board shall cause notice of filing of the petitions to be given by publishing the notice once each week for three successive weeks in a newspaper published in the county in which the office of the district is located. The notice shall state that a petition for inclusion of lands adjacent to the boundaries of the irrigation district has been filed, and shall give the names of the petitioners, a description of the lands included in the petition and the request of the petitioners, and shall notify all persons interested to appear at the office of the board at a time named in the notice and show cause why the petition should not be granted. The time specified in the notice for showing cause shall be the next regular meeting of the board after expiration of the period for publication of notice. D. The petitioner or petitioners shall, if required by the board of directors, advance to the secretary sufficient money to pay the estimated cost of the publication of such notice before the secretary shall be required to give such notice. 48-2942. Hearing on petition for inclusion of lands; liability of petitioners for pro rata share of district indebtedness; acceptance or rejection of petition; order of inclusion A. At the time and place mentioned in the notice, or at such time or times to which the hearing may be adjourned, the board of directors shall proceed to hear the petition for inclusion of lands and all objections thereto presented in writing to show cause why the petition should not be granted. The failure of any person interested to show cause shall be deemed consent to granting the petitions. B. The board of directors may require as a condition precedent to granting the petition that the petitioners severally pay, contract to pay or become liable for, any bond issue assessments or other form of indebtedness theretofore incurred by the district in the respective amounts as nearly as can be estimated by the board, which the petitioners or their grantors would have been required to pay to the district as assessments for the payment of their pro rata share of all such bonds or assessments and the interest thereon, had such lands been included in the district at the time it was originally formed or when the bonds were issued. C. If the board of directors does not consider it to the best interests of the district to include therein the lands described in the petition, it shall reject the petition, but if the board deems it to the best interest of the district that such lands or any part thereof be included, the board may order the district changed to include therein the lands or any part thereof mentioned in the petition. The order of inclusion shall describe the boundaries of the district with the lands so included, if the district boundaries are thereby changed. 48-2943. Completion of inclusion of lands; terms and conditions of inclusion for certain lands; amendment of terms A. Upon allowance of the petition wholly or in part, and if no protest is filed with the board within thirty days after entry of the order of inclusion, a certified copy of such order shall be recorded in the office of the county recorder and filed in the office of the board of supervisors in each county in which any of the lands of the district are located, and the district and the boundaries thereof shall be deemed modified and changed accordingly. The district as changed and all lands included under the order of the board of directors shall be liable for all existing obligations and indebtedness of the district. B. If such included lands cannot because of physical conditions participate in, secure the benefits of or enjoy all the rights and privileges of lands previously included in the district, and when the board of directors does not deem it advisable to admit the lands upon terms of equality with lands previously included within the district, the board may differentiate the lands by designating them as specified units or additions and may prescribe the terms and conditions under which the lands may be included, the rights and privileges to be accorded them, and the obligations to be attached thereto, but no lands shall be admitted under terms or conditions, rights or privileges more favorable than those attaching to lands originally included within the district, nor which shall interfere with any existing rights or privileges or decrease the water supply of any lands previously included, nor shall any inclusion be made which shall reduce or impair the security of bonds issued by the district. C. The terms and conditions of the order of inclusion may be amended with consent of the board of directors and the persons affected, but the amendment shall be subject to all restrictions of the initial inclusion and the details thereof shall be similarly recorded. 48-2944. Appeal from denial of protest against inclusion; apportionment of new lands into divisions of district; effect of inclusion upon district rights and obligations A. If a protest is filed against the inclusion of new lands or any part thereof with the board of directors and such protest is denied, an appeal may be taken in the same manner as upon the organization of a district. If a protest is not filed within thirty days, nor an appeal taken to the superior court from a denial of a protest within thirty days after final hearing, the order of inclusion shall be deemed lawful and conclusive against all persons. B. Upon inclusion of any lands within a district in which the directors thereof are elected by divisions, the board of directors shall, at least thirty days prior to the next succeeding district election, make an order apportioning the lands so included into three divisions in such manner as the board deems equitable. C. The inclusion of new lands shall not impair or affect the district organization or its rights in or to property or any of its rights or privileges, nor shall it affect, impair or discharge any contract obligation, lien or charge except as otherwise provided in this chapter or upon which it was or might become liable or chargeable had such inclusion of lands not been made. 48-2945. Exclusion of lands from district by petition; payment of expenses of publication of notice and of hearing A. The owners of lands may file with the board of directors of a district a petition for the purpose of excluding from the district lands not susceptible of irrigation from the irrigation works or lands which may be nonirrigable in character. B. The petition shall describe the lands affected, shall state the action desired thereon and the reasons therefor, and shall be sworn to by the petitioners. At the time of filing the petition there shall be paid to the secretary of the district an amount sufficient to cover the estimated expenses of publishing notice and of the hearing. 48-2946. Notice of hearing on petition for exclusion of lands; hearing A. Upon the filing of the petition and payment of estimated expenses as provided by section 48-2945, the secretary of the board shall cause notice to be given and published once each week for three successive weeks in a newspaper published in the county in which the office of the district is located, giving notice of the filing of the petition, the names of the petitioners, a description of the lands, the request of the petitioners and the time and place of hearing the petition, and requiring any person objecting to allowance of the petition to file such objections in writing in the district office on or before the time fixed for hearing in the notice and appear at such time in support of the objections. B. At the time and place designated in the notice, or at such time or times to which the hearing is adjourned, the board of directors shall proceed to hear the petitions and all objections filed thereto in writing by interested persons. Failure of any person to file objections in writing shall be deemed a consent to granting the petition. 48-2947. Entry and filing of order excluding lands upon petition A. Upon the hearings, if the board of directors deems it for the best interest of the district to grant the petition it may do so, or may deny it, but in either event shall enter an order upon the records of the district recording the action taken. B. If an order is made for the exclusion of lands a certified copy of the order shall be recorded in the office of the county recorder and filed with the board of supervisors of each of the counties in which portions of the district are located. The recording and filing of the order shall give full legal force and effect to the order, and proof of the facts stated in the order shall be made in the same manner and with like effect as proof is made of the original order establishing the district. 48-2948. Personal representatives as petitioners A guardian, executor or administrator of an estate who has qualified under the laws of this state and as such is entitled to possession of the lands belonging to the estate which he represents may sign the petition provided by section 48-2941 or 48-2945. 48-2949. Exclusion of unproductive lands from district by resolution; notice A. When the board of directors of an irrigation district finds that lands within the district are alkaline, slick, unsusceptible of economic leveling, water-logged, caliche, hard pan or otherwise unproductive or incapable of carrying their proportionate district liabilities and obligations without recurring delinquencies, or are uncleared or unreclaimed for five years after inclusion within the district, for which irrigation water is available, and that the major portion of such lands has been unfarmed and delinquent in payment of district taxes for the last two years or more, it may exclude such lands as provided by this section and sections 48-2950 through 48-2952. B. The board shall adopt a resolution stating its findings and declaring its intention to exclude such lands for one or more reasons set forth in subsection A of this section, and shall require the record owner or any persons actually resident upon such land to show cause why the lands should not be excluded from the district. A copy of the resolution shall be served upon the record owners and actual residents, if any, upon the lands, personally if residents of the county in which the district office is located, or if not, by registered mail addressed to such persons at their last known post office address, and by publication of the resolution at least once a week for three successive weeks in a newspaper of general circulation within the county in which the district office is located. 48-2950. Hearing on resolution for exclusion of lands; action of board A. The resolution of exclusion shall fix a time for hearing the resolution at the district office. The board of directors at the time and place designated in the resolution or at such time or times to which the hearing is adjourned, shall consider the resolution and hear any pertinent objections to exclusion of the lands. Such objections shall be filed in writing at least two days prior to the hearing. Failure of any person interested to show cause why the land should not be excluded by filing objections thereto shall be deemed consent to exclusion of the land from the district. B. Upon conclusion of the hearing, the board may sustain the objections to exclusion of lands and rescind its previous resolution, or may adopt a second resolution excluding the lands or a portion thereof from the district. 48-2951. Appeal from final action of board on exclusion of lands; entry of final order of board A. Any person aggrieved by the final action of the board on a resolution of exclusion may file a written motion for reconsideration within ten days after adoption of the final resolution. Such person may appeal to the superior court of the county in which the lands are located within twenty days after consideration by the district board of the motion for reconsideration. The appeal shall consist of notice and a recital of the proceedings taken, the facts and matters involved, and the reasons why the appellant is aggrieved by the action of the board. B. The appeal shall be tried before the superior court of the county. The superior court shall have jurisdiction to hear, decide, adjudicate and make any and all necessary orders and judgments in the premises as in civil actions. There shall be no further appeal from the final judgment of the superior court. C. If a motion for reconsideration or an appeal is not taken within the time allowed, the final resolution shall be filed for record in the office of the county recorder and in the office of the board of supervisors and the county treasurer of each county in which the excluded lands are located. 48-2952. Effect of exclusion of lands on district property and organization; powers of board A. Upon exclusion of any lands, the board of directors may make such rearrangement or reapportionment of divisions within the district as the board deems advisable. B. No exclusion of lands shall impair or affect the district organization or its property or rights therein, or any other rights or privileges, nor shall it affect, impair or discharge any contract obligation, lien or charge for or upon which it was or might become liable or chargeable had the exclusion of land not been made. Lands excluded by an order of the board shall not be liable for district contracts, debts or obligations thereafter created. C. No omission or informality in the proceedings for exclusion of lands shall invalidate such proceedings if the substantial rights of the parties affected were recognized and the proceedings were fairly conducted. D. The board of directors may make any rules, regulations, resolutions and by-laws necessary in the proceedings. 48-2953. Concurrent exclusion and inclusion of land A. When a petition is filed for the exclusion of lands from a district and the board of directors is satisfied that the lands to be excluded are sterile, alkaline or for any reason unfit for profitable cultivation and not worth in productiveness the amount of the annual tax normally assessed against such land, and there are pending petitions for the inclusion of a like quantity of good agricultural land which may be included without detriment to the lands previously included in the district and without decreasing the water rights or any other rights and privileges of land previously included, the land in the district subject to the petition for exclusion may be excluded and the new land included by concurrent action of the board. B. The unfertile and unsuitable land excluded may be released from such obligations of the district as the board deems advisable, and the obligations previously attached thereto may by action of the board be attached to the lands included in the district in lieu thereof, in order that the securities of the district shall not be decreased by such exclusion and inclusion. C. A certified copy of such proceedings of the board shall be recorded in the office of the county recorder in each county in which the district is located. 48-2954. Dissolution of district; disposition of assets A. When a majority of the bona fide owners of land in an irrigation district organized under this chapter petition the board of supervisors to call a special election for the purpose of submitting to the electors of the irrigation district a proposal to vote on dissolution of the irrigation district, setting forth in the petition that all indebtedness of every nature whatever has been fully satisfied and paid, the board of supervisors shall, if it is satisfied that all indebtedness has been fully satisfied, call an election to decide the question of the proposed dissolution. The election shall be called, held, conducted and the results determined in the same manner as the election for the organization of the district. B. If the result of the election is in favor of dissolution, the board of supervisors shall make and enter an order upon its records, and certify and record such order as upon organization of a district. C. If an irrigation district is dissolved as provided in this section, the board of directors of the district in office at the time of dissolution shall take control of all assets of the district, including all of its water, water rights and irrigation system and retain control and manage them until the electors of the district organize and take over control and management thereof. D. In the case of a district to which section 9-101.02 applies, the petition for incorporation of the community as a city or town and the election on dissolution held in conjunction with the election on incorporation shall be deemed to be the petition and election required by this section, so that when the other conditions of subsections A and B of this section shall have been satisfied, the district shall be dissolved. Upon dissolution, all assets which shall not previously have become subject to the jurisdiction of such city or town shall vest in that city or town. 48-2971. Officers; office of district The officers of an irrigation district shall consist of a board of directors and a secretary appointed by the board. The treasurer of the county in which the office of the district is located shall be ex officio treasurer of the district. The officers shall hold office until their successors are elected or appointed and qualified. The office of the board of directors shall be the business office of the district and shall be located in the county where the organization is perfected. 48-2972. Organization of board The directors elected shall qualify and organize as a board, select a president from the members, and appoint a secretary. 48-2973. Form of official oath and bond of directors Official oaths and bonds required by this chapter shall be in the form prescribed by law for official oaths and bonds of county officials, except that the obligee named in the bond shall be the district. 48-2974. Compensation of directors; petition to submit schedule of salaries and fees A. The compensation of members of the board of directors shall be determined by the board, but shall not exceed fifty dollars for each day or part of the day devoted to the business of the district, and such mileage, expenses and insurance related benefits as the board by resolution authorizes. The board shall fix the amount of compensation to be paid the secretary. B. The board of directors upon petition of fifteen per cent of the electors of the district shall submit at any regular election a proposed schedule of salaries and fees to be paid. The petition shall be presented to the board twenty days prior to the time of giving notice of an election, and the result upon the question shall be determined and declared as in elections upon other questions submitted under this chapter. 48-2975. Meetings of board of directors; records A. The board of directors shall hold a regular monthly meeting in the district office on the first Tuesday in each month and such special meetings necessary for the transaction of business. Special meetings shall be called by the president of the board, or any two directors. Meetings of the board shall be public, and a majority of the board shall constitute a quorum for the transaction of business. On questions requiring a vote there shall be a concurrence of at least a majority of the board. B. All records of the board shall be open to inspection of any elector during business hours. 48-2976. Publication of minutes; effective date of by-laws, rules, regulations and resolutions A. The minutes of proceedings of the board of directors or an abstract thereof may be published when the board by resolution entered upon its minutes so direct. B. All by-laws, rules, regulations or resolutions of a general nature governing drainage ditches, laterals, canals and the use and distribution of irrigation water or other commodities shall be posted at least five days in not less than two public places in each division of the district, or published twice in a newspaper published within the county in which the office of the district is located, as the board may order. By-laws, rules, regulations and resolutions of the board shall become effective at the time designated by the board, or in the absence of such designation, upon adoption thereof. 48-2977. Administrative powers of board of directors The board shall: 1. Adopt a seal. 2. Manage and conduct the affairs and business of the district. 3. Make and execute all necessary contracts, deeds and conveyances. 4. Employ such agents, attorneys and employees as required, and prescribe their duties and compensation. 5. Establish rules and regulations for the government of the board, and for the distribution and use of water upon lands included in the district. 6. Generally perform all acts necessary to carry out the purposes of this chapter. 48-2978. General powers of board of directors In order to accomplish the purposes of the district the board may: 1. Purchase or acquire water rights. 2. Acquire or lease real estate and personal property when necessary. 3. Acquire and hold stock in irrigation ditch and reservoir companies. 4. Lease, sell and otherwise dispose of real estate and personal property. 5. Construct, acquire or purchase canals, ditches, reservoirs, reservoir sites, water, water rights, rights-of-way or other property deemed necessary for the use of the district. 6. Acquire the right to enlarge any ditch, canal or reservoir already constructed or partially constructed. 7. Provide for the construction, operation, leasing and control of plants for the generation, distribution, sale and lease of electrical energy, including sale to municipalities, corporations, public utility districts or individuals of electrical energy so generated. 8. Make appropriations of water for irrigation and power purposes. 9. Refer to the qualified electors of the district any optional or administrative measure or method of procedure or any other matter or proposition the board deems necessary or advisable. 10. Establish tolls or charges for service of irrigation, domestic water, electricity and other commodities. 11. Control the finances and property of the district. 12. Appropriate money and provide for the payment of district debts and expenses. 13. Exercise exclusive control over the laterals, ditches, canals, rights-of-way and other property of the district, prevent encumbering thereof, abate and remove all encumbrances and obstructions thereon, make improvements thereon, vacate any right-of-way not necessary for the further use of the district and protect such right-of-way from encroachment and injuries. 14. Erect and maintain transmission lines and pipelines, culverts, roads and crossways, and prevent obstructions thereon. 15. Provide the district with water, electricity and other public conveniences and necessities, and engage in any and all activities, enterprises and occupations within the powers and privileges of municipalities generally. 16. Apply surplus money in the district treasury to liquidation of district debts or to the creation of a sinking fund pursuant to section 48-2979. 17. Make, amend or repeal resolutions, bylaws and rules necessary for the government of or for carrying into effect the powers vested in irrigation districts or any department or officer thereof, and enforce observance thereof by imposition of penalties. The board may impose penalties not exceeding: (a) Five hundred dollars for violations by persons who use water for domestic purposes, as defined in section 45-454. (b) Five thousand dollars for violations by persons who use water for purposes other than domestic purposes. 48-2979. Investment and reinvestment of sinking fund A. The board of directors of an irrigation district may invest and reinvest all money belonging or credited to the district as a sinking fund. The investment shall be made for the best interests of the district. B. The funds may be invested and reinvested under the authority of the federal farm credit act of 1933, or invested and reinvested in any of the following: 1. Bonds or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof. 2. Bonds or other evidences of indebtedness of this state, or of any of the counties or incorporated cities, towns or duly organized school districts of this state. 3. Bonds, notes or evidences of indebtedness of any county, municipality or municipal district utility within this state, that are payable from revenues or earnings specifically pledged for the payment of the principal and interest on such obligations, and for the payment of which a lawful sinking fund or reserve fund has been established and is being maintained, but only if no default in payment of principal or interest on the obligations to be purchased has occurred within five years of the date of investment therein, or, if such obligations were issued less than five years before the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased, nor on any other obligations of the issuer within five years of such investment. 4. Bonds, notes or evidences of indebtedness issued by any municipal improvement district in this state to finance local improvements authorized by law, if the principal and interest of such obligations are payable from assessments on real property within such local improvement district. No such investment shall be made if the face value of all such obligations, and similar obligations outstanding, exceed fifty per cent of the market value of the real property and improvements on which such bonds or the assessments for the payment of principal and interest thereon are liens inferior only to the liens for general ad valorem property taxes. Such investment shall be made only if no default in payment of principal or interest on the obligations to be purchased has occurred within five years of the date of investment therein, or, if such obligations were issued less than five years before the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased, nor on any other obligation of the issuer within five years of such investment. 5. Interest bearing saving accounts or certificates of deposit insured in banks or savings and loan associations doing business in Arizona by the federal deposit insurance corporation, or the federal savings and loan insurance corporation, but only if they are secured by the depository to the same extent and in the same manner as required by the general depository law of the state. Security shall not be required for that portion of any deposit that is insured under any law of the United States. C. All money earned as interest or otherwise derived by virtue of the provisions of this section shall be credited to the sinking fund. D. In addition to subsections A, B and C of this section, the board of directors of an irrigation district may invest all money belonging or credited to the district in accordance with the procedures prescribed in section 35-323.01. 48-2980. Powers of district vested with power of drainage If the district has been vested with the necessary authority, the board of directors may: 1. Construct ditches, conduits, drains, sluices, water gates, pumps, pumping plants, electric transmission lines, cement linings for canals to prevent seepage of irrigation or other water, and all other works and appliances necessary or proper for the drainage of the lands of the district. 2. Obtain by purchase, condemnation, donation or otherwise, the necessary lands and rights of way for such drainage works or appliances. 3. Purchase or acquire by condemnation or otherwise, drainage works and appliances already constructed, in any manner and subject to the restrictions provided by this chapter with respect to irrigation works and appliances. 48-2981. Powers of district serving municipal and industrial waters on June 12, 1980 A. If a district was providing not less than ninety per cent of its total deliveries of water for municipal and industrial uses on June 12, 1980, the district may deliver municipal and industrial service to all lands within the boundaries of the district as constituted on June 12, 1980, as a part of its charter as an irrigation district. The acquisition, operation and maintenance of systems related to such municipal and industrial service are within the district's authority and specifically include the right to obtain bonding under article 10 of this chapter. B. A district that meets the qualifications under subsection A of this section and has an allocation of central Arizona project water for municipal and industrial purposes may obtain bonding for such purposes under article 10 of this chapter. C. A district that meets the qualifications under subsection A of this section has the same authority and responsibility as an incorporated city or town pursuant to title 45 and chapters 22 and 28 of this title. D. This section does not affect the ability of a district to provide for the incidental delivery of water for municipal and industrial purposes as provided under section 48-2978, paragraph 15. 48-2982. Powers of board in legal proceedings; judicial notice of district; exception A. The board of directors may, in the name of the district, institute, maintain, prosecute and defend any proceedings and any actions, civil or criminal, necessary to carry out the provisions of this chapter or enforce, maintain, protect or preserve any right, privilege or immunity of the district created by this chapter or acquired in pursuance thereof. In all courts, actions or proceedings the district may sue, appear and defend by agents or attorneys. B. Judicial notice shall be taken in all actions and proceedings in any court of this state of the organization and existence of any irrigation district of the state from the time of recording in the office of the county recorder the certified copy of the order of the board of supervisors declaring the election and organization of such district. A copy of the order certified by the county recorder shall be conclusive evidence in all actions and proceedings in any court of this state of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and set forth, except in a proceeding in quo warranto instituted within one year from the date of such recording. If the proceeding in quo warranto is not commenced within one year after such recording, the legality or regularity of the formation or organization of the district shall not thereafter be questioned in any action or proceeding. 48-2983. Acquisition of existing irrigation or drainage works by district; approval by state certification board The board of directors may acquire by purchase or condemnation the irrigation syste