Section 15-2501. Formation of joint districts  


Latest version.
  • 1.  A  river  regulating  district  formed  and  established under the
      provisions of title 21 of this article may be given extended powers  and
      duties  by  the  formation  by  the department of a river improvement or
      drainage improvement district, or both, which districts shall  have  the
      same  boundaries  as the river regulating district, shall be joined with
      it as one body corporate and subject to the general supervision  of  the
      department  and  shall  be  administered  by  the  board  of  the  river
      regulating district. If  this  is  done,  the  board  shall  thenceforth
      exercise the powers of the department as set forth in title 19 and title
      23  of this article, except those under sections 15-1945 and 15-1957 and
      as otherwise provided below. Whenever the department is empowered to set
      up districts under title 19 and title 23 of this article, the board may,
      by  the  same  procedure,  set  up   river   or   drainage   improvement
      sub-districts  which shall not be separate bodies corporate but shall be
      financial and assessment entities  and  each  of  which  shall  have  an
      association.  Any  function  which  title  19 and title 23 specify to be
      performed by  the  Department  of  Transportation  or  the  Commissioner
      thereof  shall be performed by the board through its engineering forces,
      and legal matters may be handled by counsel to the board.  Whenever  the
      statute  requires  the  board  to file in final form orders, statements,
      schedules, reports, plans, or other  papers,  to  give  notice  of  such
      filing and, after review, if any, to record or file the same such papers
      may not be filed except with the consent and approval of the department.
      All  contract  plans  and  specifications  must  similarly  receive such
      approval to make them valid. All contracts must be  so  approved  before
      they  are signed and all acts authorizing the borrowing of money, making
      of assessments, or statements of the amounts  which  must  be  collected
      with  annual  taxes,  must be approved by the department before they are
      submitted to the Comptroller. In proper cases, any such district may  be
      assessed as an entity for benefits derived from the operation of another
      sub-district or the construction of a regulating reservoir.
        2.  Proceedings  for  the  formation  of  a joint district shall be as
      nearly as may be those set forth in title 19 or title 23 as the case may
      be. They shall be  initiated  by  a  written  petition  filed  with  the
      department.   On   receipt   thereof  the  department  shall  make  such
      investigation as it deems necessary, shall set the time and place for  a
      hearing  thereon  and  shall  give  notice  of  the  same by publication
      pursuant to the provisions of subdivision 1 of section 15-0903.  At  the
      hearing, the department will hear the applicants and the board, and such
      objectors  as  have  filed  written  objections.   After the hearing the
      department shall approve, modify and approve or reject  the  application
      according  to what it finds to be the best interest of the people of the
      state. The action of the department shall be in the  form  of  a  signed
      written  order,  copies  of  which  shall be filed in the offices of the
      clerk of each county, town, city or village,  any  part  of  which  lies
      within  the  proposed  district. Notice of such filing shall be given by
      publication and the acts of the department may be reviewed provided such
      review is initiated within sixty days of the date of the order.  If  not
      reviewed  or  if confirmed by the courts reviewing the matter, the order
      shall be recorded in the offices of the clerks of the various  counties;
      thereupon  the  order shall become final and the joint district shall be
      deemed to have been formed on the date of the order. Certified copies of
      such order shall be served on the board and shall be  its  authority  to
      act for the new district.