85-8-302. Election of commissioners -- regular term of office. (1) Except as provided in 13-1-502(4), the election of commissioners must be held annually and conducted in accordance with Title 13, chapter 1, part 5. The term of office of commissioners shall commence on the day of their election.

(2) (a) At the first primary or general election following the organization of a district and in districts organized and in existence on March 1, 1921, and that, on petition, have been divided into divisions, three commissioners must be elected, with one commissioner being elected from each division.

(b) A commissioner must be an actual landowner in the division in which the commissioner is elected.

(c) One of the commissioners, to be determined by lot, shall hold office for 1 year; another of the commissioners, to be determined by lot, shall hold office for 2 years; and the third commissioner shall hold office for 3 years.

(3) After the election of the initial commissioners, one commissioner must be elected each year. Commissioners elected after the initial election shall hold office for a term of 3 years. The person elected as a commissioner in each year to succeed the commissioner whose term is then expiring must be elected as a commissioner from the same division as the commissioner whose term expires.

(4) Each commissioner must be a resident of a county where a portion of the district lands is situated.