85-7-1846. (Temporary) Small-tract petition to exclude land from district. (1) When an irrigation district has become urbanized to such a degree that the average parcel size in the district is less than 3 acres, a person holding title to a tract of land meeting the criteria in 85-7-1802(2) may petition the district court for an exclusion of the person's tract from an irrigation district, a subdistrict, or a combination of a district and subdistrict. The petition must be signed by all persons who hold title to the tract to be excluded and must specify:
     (a) the name of the irrigation district;
     (b) the name and address of the persons holding title to the tract;
     (c) evidence of title to the tract to be excluded, as provided in 85-7-101 and 85-7-102;
     (d) a copy of a map or plat of the irrigation district showing the location of the tract sought to be excluded and the relation of that land to the works of the district;
     (e) a statement, corroborated by adequate documentation, that the users of the tract do not and cannot feasibly obtain water from the irrigation district through existing irrigation works;
     (f) a copy of a recent tax statement documenting assessment of the tract by the irrigation district; and
     (g) a request that the tract be excluded.
     (2) Prior to filing the petition with the court, the petitioner shall mail a copy of the completed petition to the irrigation district subject to the petition.
     (3) The petitioner shall file the petition, proof of mailing pursuant to subsection (2), and a $20 fee with the clerk of the district court for the court in which the irrigation district was created.
     (4) Within 15 days of the date of the filing of the petition, the irrigation district may file an objection to the petition. To be valid, the objection must provide sufficient evidence that the conditions set forth in 85-7-1802(2) do not apply to the tract petitioned for exclusion.
     (5) If a valid objection is filed, the court may hold a hearing if necessary to resolve the facts of the petition.
     (6) The court shall grant the petition for exclusion:
     (a) if no objections are filed within 15 days of filing the petition; or
     (b) upon determination of the court that the petition is sufficient.
     (7) The court shall forward to the irrigation district a copy of the order granting the exclusion.
     (8) A petition granted in this section excludes the petitioned tract from the irrigation district for all purposes, except that it remains subject to assessment for any existing district debt. (Terminates December 31, 1998--sec. 5, Ch. 306, L. 1997.)

     History: En. Sec. 1, Ch. 306, L. 1997.