Section 15-1963. Formation of district with federal aid  


Latest version.
  • 1.  The department may proceed of its own motion to form such district
      and to authorize the proposed work as though petitions therefor had been
      filed as provided in sections 15-1911 and 15-1913  or  15-1931.  It  may
      negotiate   with   the  federal  government,  investigate  the  proposed
      district, study such plans of and reports on the proposed improvement as
      it may find to be available and shall prepare a written  report  thereon
      describing the proposed district, the proposed work, the fixation of the
      district  boundaries,  giving estimates of the cost of the various parts
      of the work which may be a charge against  the  state  or  the  property
      owners in the district and including a determination of enhancements and
      an  apportionment of costs of such a project. Such report shall be filed
      and notice of such filing and of a hearing thereon given as provided  in
      sections 15-0903, 15-1913 and 15-1931.
        2.  After  the final hearing the department shall determine whether it
      is to the public interest to form the district and to proceed  with  the
      work  and, in general terms, what lands will be benefited thereby. These
      matters shall be embodied in a written order, which shall, if the action
      is favorable, form the district, authorize entry  into  agreements  with
      agencies  of the federal government and the doing of whatever is needful
      to carry out the project, all as elsewhere specified in title 19 of this
      article.  Certified copies of the determination and order shall be filed
      and notice of such filing given. Thereupon  such  determination  may  be
      reviewed as provided by section 15-0905, except that the proceedings for
      such  review  must  be  initiated  not  later  than  ten days after such
      filings; otherwise such determination  shall  be  considered  final  and
      conclusive and in due course it shall be recorded. The district shall be
      held  to  have  been  formed  on  the date of such final order, but such
      formation shall not be  effective  until  such  order  shall  have  been
      recorded.