Download Zipped Amended WP 9 SB0020.ZIP 34,368 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

S.B. 20

             1     

BONDING AUTHORITY FOR IRRIGATION

             2     
DISTRICTS

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: David L. Gladwell

             6      This act modifies the Special Districts Code by amending provisions related to irrigation
             7      districts. The act provides for definitions. The act repeals existing provisions relating to
             8      bonding authority of irrigation districts and enacts new bonding provisions. The act repeals
             9      outdated provisions relating to irrigation districts. The act provides for the assessment of
             10      use charges in place of annual assessments or taxes. The act provides for the collection of
             11      delinquent use charges. The act makes other changes to the irrigation district provisions.
             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             14          17A-2-711, as last amended by Chapter 254, Laws of Utah 2000
             15          17A-2-712, as last amended by Chapter 9, Laws of Utah 2001
             16          17A-2-718, as last amended by Chapter 254, Laws of Utah 2000
             17          17A-2-721, as last amended by Chapter 254, Laws of Utah 2000
             18          17A-2-722, as renumbered and amended by Chapter 186, Laws of Utah 1990
             19          17A-2-723, as last amended by Chapters 86 and 254, Laws of Utah 2000
             20          17A-2-724, as last amended by Chapter 254, Laws of Utah 2000
             21          17A-2-726, as last amended by Chapter 254, Laws of Utah 2000
             22          17A-2-754, as last amended by Chapter 90, Laws of Utah 2001
             23          17A-2-755, as renumbered and amended by Chapter 186, Laws of Utah 1990
             24          17A-2-756, as last amended by Chapter 254, Laws of Utah 2000
             25          17A-2-761, as last amended by Chapter 254, Laws of Utah 2000
             26      ENACTS:
             27          17A-2-701.1, Utah Code Annotated 1953



Text Box

- 2 -
             28
         17A-2-701.2, Utah Code Annotated 1953
             29          17A-2-701.5, Utah Code Annotated 1953
             30          17A-2-717.5, Utah Code Annotated 1953
             31          17A-2-719.5, Utah Code Annotated 1953
             32      REPEALS:
             33          17A-2-701, as last amended by Chapter 368, Laws of Utah 1998
             34          17A-2-714, as last amended by Chapter 90, Laws of Utah 2001
             35          17A-2-715, as last amended by Chapter 90, Laws of Utah 2001
             36          17A-2-716, as last amended by Chapter 254, Laws of Utah 2000
             37          17A-2-717, as renumbered and amended by Chapter 186, Laws of Utah 1990
             38          17A-2-719, as last amended by Chapter 254, Laws of Utah 2000
             39          17A-2-720, as last amended by Chapter 254, Laws of Utah 2000
             40          17A-2-725, as last amended by Chapter 227, Laws of Utah 1993
             41          17A-2-727, as last amended by Chapter 254, Laws of Utah 2000
             42          17A-2-768, as last amended by Chapter 254, Laws of Utah 2000
             43      Be it enacted by the Legislature of the state of Utah:
             44          Section 1. Section 17A-2-701.1 is enacted to read:
             45     
Part 7. Irrigation District Act

             46          17A-2-701.1. Title.
             47          This part is known as the "Irrigation District Act."
             48          Section 2. Section 17A-2-701.2 is enacted to read:
             49          17A-2-701.2. Definitions.
             50          As used in this part:
             51          (1) "Electric facilities" means facilities or interests in facilities for the generation of
             52      hydroelectric power, including hydroelectric power plants, turbine generators, penstocks,
             53      transformers, electrical equipment, lands, rights-of-way, and all other structures, works, property,
             54      and property interests necessary or proper for the generation of electricity or to otherwise carry out
             55      the purposes of the irrigation district, not including transmission facilities related to hydroelectric
             56      production plants.
             57          (2) "Facilities" means water facilities and electric facilities.
             58          (3) "Revenues" means moneys received for water, electricity, or other services furnished



Text Box

- 3 -
             59
     by an irrigation district, including use charges and other fees, rates, charges, or assessments.
             60          (4) "Use charges" means all charges relating to the use, provision, or availability of water,
             61      electricity, or other irrigation district services, including, without limiting the generality of the
             62      foregoing, all direct or indirect charges, tolls, assessments, impact fees, connection fees, and
             63      reserve or availability charges.
             64          (5) "Water facilities" means facilities or interests in facilities for irrigation purposes,
             65      including reservoir sites, reservoirs, water, water filings, water rights, rights-of-way, water works,
             66      sources of water supply, canals, ditches, wells, pipelines, lands, stock of irrigation, canal, or
             67      reservoir companies, and all other related structures, works, property, and property interests.
             68          Section 3. Section 17A-2-701.5 is enacted to read:
             69          17A-2-701.5. Creation of irrigation districts.
             70          (1) The requirements and procedures for creating an irrigation district are governed by the
             71      provisions of Title 17B, Chapter 2, Part 2, Creation of Local Districts.
             72          (2) Notwithstanding anything to the contrary in the provisions of Subsection (1):
             73          (a) An owner of land located within a proposed district may, prior to the date on which the
             74      legislative body adopts a resolution pursuant to Subsection (2)(b), request the county legislative
             75      body to include the land in or exclude the land from the proposed irrigation district.
             76          (b) Within 60 days after the last hearing required under Section 17B-2-210 , the legislative
             77      body of each county in which lands of the proposed district are located shall adopt a resolution
             78      listing, by acreage and ownership, the lands in that county to be included in the proposed district.
             79      The lands need not be contiguous. The list of lands to be included will be based upon:
             80          (i) the boundaries set forth in the map accompanying the petition or resolution to create
             81      the local district filed pursuant to Section 17B-2-203 ;
             82          (ii) requests for the exclusion of lands from the proposed district; and
             83          (iii) requests for the inclusion of lands in the proposed district.
             84          (c) In determining whether to deny requests for inclusion or exclusion, and in listing the
             85      lands to be included in the proposed district, the county legislative body may not alter the included
             86      lands, shown by the map accompanying the petition or resolution filed pursuant to Section
             87      17B-2-210 , in a manner which changes the objects of the petition or exempts from the operation
             88      of this part any lands, requiring water, shown on the map included with the petition, and
             89      susceptible of irrigation by the same system of waterworks applicable to other lands in the



Text Box

- 4 -
Senate 3rd Reading Amendments 1-22-2002 rd/kmw
             90
     proposed district. Nor may any land which will not, in the judgment of the county legislative body,
             91      be benefitted by the proposed system be included in the district.
             92          (d) At the time of creation of the district, the lands included in the district will consist of
             93      the lands listed in the resolution adopted pursuant to Subsection (2)(b).
             94          Section 4. Section 17A-2-711 is amended to read:
             95           17A-2-711. Board of trustees -- Organization -- Powers and duties -- Other
             96      provisions applicable.
             97          (1) The board shall establish boundaries of election precincts and may change them, but
             98      no change may be made less than 30 days prior to an election. Upon the completion of the
             99      organization of the district [and before], the board of trustees may request the state engineer to
             100      conduct a water survey and allotment S WHICH SHALL BE PAID FOR BY THE DISTRICT s .
             100a      Thereupon it will be the duty of the state engineer to cause
             101      to be made a water survey of all lands within the district for the purpose of determining and
             102      allotting the maximum amounts of water which could be beneficially used on such land; each
             103      40-acre tract or smaller tracts in separate ownership within each such legal subdivision shall be
             104      separately surveyed and the allotment made therefor. On completion of said survey and allotment,
             105      the state engineer shall file with the county legislative body with which the petition for the creation
             106      of the district was filed, his return of survey and report of allotment. Before any bond issue or
             107      contract is voted on, any assessment levied, or toll or use charge imposed, the board of trustees,
             108      having first determined the amount of water available for the use of the district, shall upon notice
             109      and a hearing and under rules determined by the board, make a final revision and allotment of the
             110      available water to each 40-acre tract or smaller tract in separate ownership within each legal
             111      subdivision; but no allotment may be increased above the amount originally allotted by the state
             112      engineer without the consent of the state engineer and the final allotment may not be decreased as
             113      long as there may be any outstanding indebtedness in excess of .4% of the fair market value of the
             114      lands within the district. The allotment may, however, be increased to an amount not exceeding
             115      the amount allotted by the state engineer if the additional amount of water becomes available for
             116      the use of the district. The final allotment in acre-feet may be the basis of the vote at all elections
             117      subsequent to the creation of the district. The final allotment in acre-feet, or other units of
             118      measurement, the service, turnout, construction, distribution charges, or other charges, if any,
             119      [shall be the basis for all assessments, tolls, and charges levied against the land and shall also
             120      subsequently be the basis of the vote at all elections] may be the basis for any use charges. A copy



Text Box

- 5 -
             121
     of the order making the allotment or any increase provided, certified to by the secretary of the
             122      district, shall be immediately filed for record in the office of the county clerk of the county in
             123      which the office of the district is located and a certified copy filed with the county recorder of each
             124      county in which any lands of the district are situated. Nothing in this part may prohibit the state
             125      engineer, upon petition by the board of trustees after the organization of the district has been
             126      perfected, from increasing the maximum allotment of water for any tract or tracts of land embraced
             127      within the district when in the opinion of the state engineer the tract or tracts of land cannot be
             128      beneficially irrigated with the amount of water allotted. The board of trustees may construct
             129      facilities or may acquire facilities by contract, purchase, or condemnation[, or otherwise, canals,
             130      ditches, reservoirs, reservoir sites, irrigation systems or works and lands necessary or incidental
             131      to the use and operation of irrigation works, and reservoir sites, which] pursuant to Title 78,
             132      Chapter 34, Eminent Domain, or otherwise. District lands may be leased when leasing will not
             133      interfere with their use for irrigation purposes[, and also water filings, water rights, rights-of-way,
             134      or other property or any interest in the property, including power plants when acquired or
             135      developed in connection with an irrigation system with the right to sell or dispose of the surplus
             136      power]. The board may also purchase stock of irrigation canal, and reservoir companies. The
             137      board may exchange bonds of the district for any such property upon terms and conditions the
             138      board considers best, subject to the approval of the State Board of Certification. The board, its
             139      agents, and employees may enter upon any land in the district to make surveys and to locate and
             140      construct any canal or canals, and the necessary laterals. The board may, by condemnation,
             141      acquire rights of way for the enlargement of any ditches, canals, or reservoirs, but the board may
             142      not occupy the premises proposed to be condemned pending the determination of a suit, except
             143      upon filing the bond required by law in the case of suits by other corporations and individuals. The
             144      right-of-way is given, dedicated, and set apart, to locate, construct, and maintain the works, or
             145      reservoirs, over, through, or upon any of the lands which are now, or may be the property of the
             146      state. The board may make these investigations and based on them, make representations and
             147      assurances to the Secretary of the Interior, as may be requisite under the act of Congress, approved
             148      August 11, 1916, or other applicable law, and may enter into any obligation or contract with the
             149      United States for the construction or operation and maintenance of the necessary works for the
             150      delivery and distribution of water or for the assumption, as principal or guarantor of indebtedness
             151      to the United States on account of district lands, or for the temporary rental of water under the



Text Box

- 6 -
             152
     provisions of the Federal Reclamation Act, and all acts amendatory of that act, or supplementary
             153      to it, or any other Acts of Congress now enacted or which may be enacted, and the rules and
             154      regulations established under them; or the board may contract with the United States for a water
             155      supply under any act of Congress providing for or permitting the contract, and may convey to the
             156      United States as partial or full consideration water rights or other property of the district, and in
             157      case the contract has been or may be made with the United States as provided in this section,
             158      [bonds of the district may be deposited with the United States at 95% of their par value to the
             159      amount to be paid by the district to the United States under the contract, the interest on the bonds
             160      to be provided for by assessment and levy as in the case of other bonds of the district, and regularly
             161      paid to the United States to be applied as provided in the contract, and if bonds of the district are
             162      not so deposited,] the board of trustees shall include as part of any [levy or assessment] use charges
             163      now provided for by law, an amount sufficient to meet each year all payments accruing under the
             164      terms of the contract and the board may accept on behalf of the district, appointment of the district
             165      as fiscal agent of the United States, or authorization of the district by the United States, or
             166      authorization of the district by the United States to make collections of moneys for or on behalf
             167      of the United States in connection with any federal reclamation project, at which time the district
             168      shall be authorized so as to act and to assume the duties and liabilities incident to that action, and
             169      the board may do any and all things required by the federal statutes enacted in connection with it,
             170      and all things required by the rules and regulations established by any department of the federal
             171      government. Districts cooperating with the United States may rent or lease water to private lands,
             172      entrymen, or municipalities in the neighborhood of the district, in pursuance of a contract with the
             173      United States. [If a contract is proposed to be made with the United States and bonds are not to
             174      be deposited with the United States in connection with the contract, the question to be submitted
             175      to the voters at a special election is whether or not the contract shall be entered into with the
             176      United States. The notice of election shall state under the terms of what Act or Acts of Congress
             177      the contract is proposed to be made, and the maximum amount of money payable to the United
             178      States for construction purposes exclusive of penalties and interest and the water rights and other
             179      property, if any, to be conveyed to the United States as provided in this section. The ballots for
             180      the election shall contain the words "Contract with the United States-Yes" and "Contract with the
             181      United States-No," or the equivalent. If a majority of the votes cast at the election are "Contract
             182      with the United States-Yes," the board of trustees shall immediately enter into the contract with



Text Box

- 7 -
             183
     the United States.] The board shall establish equitable rules for the distribution and use of water
             184      among the owners of lands included in this district, and may provide that no water may be
             185      delivered to lands which are delinquent or in default in the payment of any [toll, charge, tax, or
             186      assessment] amount due to the district. The rules shall, as soon as adopted, be printed in
             187      convenient form for distribution in the district; but water, the right to the use of which is acquired
             188      by the district under any contract with the United States, shall be distributed and apportioned by
             189      the district in accordance with the Acts of Congress, the rules and regulations, and the provisions
             190      of the contract.
             191          (2) The board of trustees may annually instruct the county assessor of the county in which
             192      the lands to be affected are located to remove from the [assessment] assessor's roll any land
             193      publicly dedicated to streets, highways, and roads, and also other land the use of which has so
             194      permanently changed as to prevent the beneficial use of water, and the assessor shall do so. The
             195      instructions to the assessor shall be accompanied by a written consent to the removal from the
             196      [assessment] assessor's roll signed by all owners of private land affected by it.
             197          (3) When any tract of land in the district which has no water allotment becomes
             198      susceptible to irrigation and use of water, or when any tract has an insufficient water allotment, the
             199      board of trustees, upon written application of the owner of the land, may temporarily permit water
             200      to be applied on the land, and in that case the board may [annually instruct the county assessor of
             201      the county in which the tract to be affected is located to assess the tract for water in the amount
             202      fixed by the board, and the assessor shall do so] impose use charges upon that owner. Nothing
             203      contained in this section may affect the permanent water allotments in the district.
             204          (4) The board of trustees may lease or rent the use of water not needed by the landowners
             205      of the district and in addition may contract to supply and deliver the water to municipalities,
             206      corporations, associations, or individuals, within or without the district for irrigation or any other
             207      beneficial use, at prices and terms the board considers best. No lease or rental agreement running
             208      for a period of more than five years may be made, and no vested or prescriptive right to the use of
             209      the water may attach to the land by virtue of the lease or rental; and any landowner in the district
             210      may, where practicable, with the consent of the board of trustees, assign the right to the whole or
             211      any portion of the water apportioned to the landowner's land for any one year to any other bona
             212      fide landowner, for use in the district for the year; if the landowners have paid all [amounts due
             213      on assessments upon the lands] use charges due. The board shall, at the end of each fiscal year,



Text Box

- 8 -
             214
     prepare and submit to a public meeting of the landowners within the district, called for that
             215      purpose, a report covering all transactions and operations of the district during the year.
             216          (5) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each
             217      irrigation district to the same extent as if the irrigation district were a local district under Title 17B,
             218      Chapter 2, Local Districts.
             219          [(b) (i) If a change in the number of board of trustees members is necessary to comply with
             220      the requirements of Subsection 17B-2-402 (1), the board of trustees may by majority vote,
             221      notwithstanding Subsection 17B-2-402 (3), change the number of board members to the next odd
             222      number higher or lower than the number of current board members.]
             223          [(ii) If a change under Subsection (5)(b)(i) decreases the number of board members, the
             224      change may not take effect until the expiration of the term of the member whose term next
             225      expires.]
             226          [(iii) If a change in the number of board members necessitated by Subsection 17B-2-402 (1)
             227      would cause the district to violate a provision of bonds issued by the district, the number of board
             228      members may be modified to the extent necessary to avoid a violation.]
             229          [(c)] (b) (i) If a change in the expiration date of the term of a board of trustees member is
             230      necessary to comply with the requirements of Subsection 17B-2-403 (1), the term of each board
             231      member whose term expires on a day other than the first Monday in January shall be extended to
             232      the first Monday in January after the normal expiration date next following the special district
             233      election date under Section 17A-1-305 .
             234          (ii) If a change in the length of the term of a board of trustees member is necessary to
             235      comply with the requirements of Subsection 17B-2-403 (2), the change may not take effect until
             236      the expiration of the term of the member whose term length is to be changed.
             237          Section 5. Section 17A-2-712 is amended to read:
             238           17A-2-712. Additional powers of board.
             239          (1) [In addition to any of the powers granted in this part, the board of trustees of any
             240      irrigation district] Irrigation districts may acquire, purchase, construct, improve, enlarge, and
             241      operate[, or contract for the construction, improvement, enlargement, and operation of:] water
             242      facilities, electric facilities, or any combination thereof.
             243          [(a) reservoir sites, reservoirs, water, water filings, water rights, canals, ditches, and all
             244      other related structures and works necessary or proper for the storage and conveyance of water for



Text Box

- 9 -
             245
     irrigation purposes and all other structures and facilities necessary or proper for the purposes of
             246      the irrigation district; and]
             247          [(b) facilities for the generation of hydroelectric power and all other related structures and
             248      works necessary or proper for the generation of electricity, including hydroelectric power plants,
             249      turbine generators, penstocks, transformers, electrical equipment, and other facilities related to
             250      hydroelectric production plants, not including transmission facilities related to hydroelectric
             251      production plants.]
             252          (2) [In addition to any of the powers granted in this part, the board of trustees of any
             253      irrigation district] Irrigation districts may enter into contracts for the sale of all or a portion of the
             254      electric power generated at a hydroelectric power plant, whether or not the electric power to be
             255      sold is surplus to the needs of the district, and may enter into contracts for the sale of water, for
             256      the periods of time and under the terms and conditions the board [deems] considers necessary in
             257      order to accomplish the purposes of the district. Any sale of [the] electric power or water may be
             258      for the period and upon the terms and conditions as may be provided in contracts authorized by
             259      the board and entered into by the district and any purchaser of the electric power [having, at the
             260      time of the commencement of the acquisition and construction of the electric power plant by the
             261      district,] or water having a system for distributing the electric power or water. Any revenues
             262      received by the district pursuant to power or water sale contracts may be used and pledged for the
             263      payment of the principal of and interest and any premium on bonds or notes of the district issued
             264      to pay all or part of the cost of acquiring, constructing, improving, or enlarging [the facilities from
             265      which the hydroelectric power is generated] facilities, or for any other lawful purpose of the
             266      district.
             267          (3) The boards of trustees of any two or more irrigation districts may, by appropriate
             268      resolutions, enter into agreements with one another, pursuant to Title 11, Chapter 13, Interlocal
             269      Cooperation Act, by which the districts may jointly or cooperatively exercise any of the powers
             270      conferred by this [section] part.
             271          [(3)] (4) The board may issue [revenue] bonds of the district, in the manner provided in
             272      this section:
             273          (a) to pay for all or part of the costs of the acquisition, construction, improvement, or
             274      enlargement of any facilities [described in Subsection (1) and other related structures and works]
             275      and to pay expenses preliminary and incidental thereto;



Text Box

- 10 -
             276
         (b) to pay interest on the bonds during acquisition, construction, improvement, or
             277      enlargement of any facilities; and
             278          (c) to provide for necessary reserves and to pay costs of issuance and sale of the bonds,
             279      including, without limitation, printing, registration, and transfer costs, legal, financial advisor's,
             280      and rating agency fees, insurance premiums, and underwriter's discount.
             281          [(4)] (5) The board may provide that any [revenue] bonds issued and sold under this
             282      section shall be payable solely out of a special fund into which the district issuing the [revenue]
             283      bonds shall be obligated to deposit, as from time to time received, all or a designated portion of
             284      the [proceeds from the sale of the services furnished by the facilities of the irrigation district,
             285      including the facilities to be so acquired, constructed, improved, or enlarged, all pursuant to
             286      contracts to be entered into as authorized in this section.] revenues or other income of the district.
             287      Any pledge of revenues creates a lien which:
             288          [(5) Revenue bonds of the district issued under the authority of this section shall]
             289          (a) is perfected and enforceable upon the effective date of the security agreement pursuant
             290      to which the bonds are issued;
             291          (b) has priority as against all parties having claims of any kind in tort, contract, or
             292      otherwise against the district; and
             293          (c) has priority based on the time of the creation of the pledge unless otherwise provided
             294      in the security agreement.
             295          (6) Bonds of the district may be issued and sold in compliance with Title 11, Chapter 14,
             296      Utah Municipal Bond Act, and Title 11, Chapter 27, Utah Refunding Bond Act, as applicable, and
             297      may be in the form and denominations and have the provisions and details as are permitted [by
             298      Title 11, Chapter 14, Utah Municipal Bond Act] thereby. The bonds and any evidences of
             299      participation interests in the bonds may be issued, executed, authenticated, registered, transferred,
             300      exchanged, and otherwise made to comply with Title 15, Chapter 7, Registered Public Obligations
             301      Act, or any other statute relating to the registration of bonds enacted to meet the requirements of
             302      Section 149(a) of the Internal Revenue Code of 1986, or any similar or successor federal law, and
             303      applicable regulations. Bonds may be issued under the authority of this section at one time or from
             304      time to time. If more than one issue or series of bonds is delivered under the authority of this
             305      section, the bonds of the respective issue or series shall have the priorities of payment as provided
             306      in the proceedings authorizing the bonds.



Text Box

- 11 -
             307
         [(6)] (7) Any resolution, indenture, agreement, or other document authorizing [revenue]
             308      bonds may contain covenants with the future holders of the bonds as to:
             309          (a) the management and operation of the facilities of the irrigation district, including the
             310      facilities acquired, constructed, improved, enlarged, or operated pursuant to this section;
             311          (b) the imposition and collection of [rates for the services furnished thereby] use charges;
             312          (c) the disposition of the revenues;
             313          (d) the issuance of future bonds and the creation of future liens and encumbrances against
             314      these facilities and the revenues thereof;
             315          (e) the carrying of insurance on these facilities and the disposition of the proceeds of
             316      insurance;
             317          (f) the sale, disposal, or alienation of these facilities; and
             318          (g) other pertinent matters deemed necessary or proper by the board to assure the
             319      merchantability of the bonds. These covenants and agreements may not be inconsistent with this
             320      section.
             321          [(7) When a district has issued revenue]
             322          (8) The district may undertake in the resolution, indenture, agreement, or other document
             323      authorizing bonds to make the revenues of the facilities sufficient to pay the expense of their
             324      operation and maintenance, and may undertake to make the revenues or net revenues of the
             325      facilities sufficient to produce in each year an amount in excess of actual requirements for principal
             326      of and interest on the bonds in that year as the board may consider necessary to assure the highest
             327      marketability of the bonds.
             328          (9) Any resolution, indenture, agreement, or other document authorizing bonds may
             329      provide that the bonds will recite that they are issued under authority of this part. The recital will
             330      conclusively import full compliance with all of the provisions of this part, and all bonds issued
             331      containing the recital will be incontestable for any cause whatsoever after their delivery for value.
             332          (10) When a district has issued bonds and pledged for the payment thereof any revenues
             333      of the [facilities of the irrigation district, including the facilities acquired, constructed, improved,
             334      enlarged, or operated pursuant to this section, the district shall establish rates and collect fees and
             335      charges for the services furnished by these facilities] district, the district shall establish and collect
             336      use charges in that amount and at those rates which will be fully sufficient at all times to pay the
             337      expenses of operating and maintaining these facilities, to provide a special fund sufficient to assure



Text Box

- 12 -
             338
     the prompt payment of principal of and interest on the bonds as principal and interest fall due, and
             339      to provide funds for reserves and contingencies and for a depreciation fund for repairs, extensions,
             340      and improvements to these facilities as considered necessary to assure adequate and efficient
             341      service, all as may be required by the bond resolution. No board or commission other than the
             342      board of trustees of the district has authority over or is required to approve the making or fixing
             343      of [the fees and] use charges or the acquisition of property by the district or the issuance of its
             344      bonds.
             345          [(8) Any restrictions, limitations, or regulations in any other section of this part relative
             346      to the issuance of bonds or the execution of contracts pursuant to the authority contained in this
             347      section do not apply to the revenue bonds issued under this section or the execution of contracts
             348      under the authority of this section. Sections 17A-2-750 , 17A-2-751 , 17A-2-752 , and 17A-2-753
             349      do not apply to any contract entered into by an irrigation district under this section, nor to the
             350      issuance of any revenue bonds by an irrigation district under this section.]
             351          (11) (a) If an irrigation district board determines that the interests of the district require the
             352      issuance of bonds or the making of a contract with the United States, the board will, except as
             353      provided in Subsection (13), adopt a resolution directing that an election be held to determine
             354      whether bonds may be issued or a contract with the United States may be entered for the purposes
             355      specified in the resolution.
             356          (b) The following are subject to the conditions provided in Title 11, Chapter 14, Utah
             357      Municipal Bond Act:
             358          (i) adoption of the resolution calling the election;
             359          (ii) giving notice of the election;
             360          (iii) conduct of the election;
             361          (iv) determination of voters' qualifications; and
             362          (v) canvassing of election results.
             363          (12) In designating the voting places for purposes of the election, the board may treat the
             364      entire district as a single precinct or divide the district into precincts.
             365          (13) No election is required under this section prior to the issuance of bonds or the making
             366      of a contract with the United States except as otherwise required by the constitution or Subsection
             367      (14).
             368          (14) Notwithstanding anything to the contrary in this section or Title 11, Chapter 14, Utah



Text Box

- 13 -
             369
     Municipal Bond Act, no irrigation district may issue bonds, other than bonds issued to refund
             370      outstanding bonds, or enter into a contract with the United States unless:
             371          (a) the issuance of the bonds or the making of the contract has been approved at an election
             372      called and held as provided in this section; or
             373          (b) the board of trustees:
             374          (i) provides notice of a public hearing on whether to issue the bonds or enter into the
             375      contract by:
             376          (A) publishing notice in a newspaper published in or of general circulation in the district
             377      at least seven days prior to the public hearing which sets forth:
             378          (I) the maximum principal amount and the purpose of the proposed bond issue or contract;
             379          (II) the date, time, and place of the public hearing;
             380          (III) when and where written comments regarding the bonds or the contract may be filed;
             381      and
             382          (IV) whether the district reasonably expects that paying amounts due on the bonds or under
             383      the contract will result in a substantial increase in use charges; and
             384          (B) if the district reasonably expects that paying amounts due on the bonds or under the
             385      contract will increase use charges by more than $15 per connection per year, mailing notice to
             386      every household containing a qualified voter who is eligible to vote on the bonds or the contract,
             387      at least seven days but not more than 30 days before the public hearing, on a minimum three-inch
             388      by five-inch postcard or a voter information pamphlet prepared by the governing body that includes
             389      the information required by Subsection (14)(b)(i)(A);
             390          (ii) holds a public hearing on the date and at the time and place specified in the notice of
             391      public hearing, provided that the hearing may be adjourned from time to time to a fixed future time
             392      and place;
             393          (iii) considers at the public hearing all comments that have been filed or stated at the
             394      hearing relating to the bonds or the contract;
             395          (iv) after considering all comments received, adopts a resolution during or after the
             396      meeting at which the public hearing is held, declaring the intention of the board of trustees to issue
             397      bonds or enter into the contract; and
             398          (v) directs that notice of the district's intention to issue bonds or enter into the contract be
             399      published once in a newspaper of general circulation in the district stating:



Text Box

- 14 -
             400
         (A) the maximum principal amount and purpose of the proposed bond issue or contract;
             401          (B) when and where petitions may be filed requesting the calling of an election to
             402      determine whether the bonds or the contract should be authorized; and
             403          (C) when and where a form of petition requesting the calling of an election may be
             404      obtained from the district.
             405          (15) If, within 30 days after publication of the notice of intention, a petition is filed with
             406      the secretary, signed by not less than 5% of the qualified electors of the district, requesting that an
             407      election be called to authorize the contract or the bonds, then the board shall call and hold an
             408      election as provided in this section before the bonds are issued or the contract is entered into.
             409          (16) If no petition is filed, or if the number of signatures filed within the 30-day period is
             410      less than the required number, the board of trustees may proceed to issue the bonds or enter into
             411      the contract.
             412          Section 6. Section 17A-2-717.5 is enacted to read:
             413          17A-2-717.5. Validation of previous bond issues.
             414          All bonds issued in accordance with the provisions of this part as they existed prior to May
             415      6, 2002, are valid and shall be governed by the provisions of this part as they existed at the time
             416      of the issuance of the bonds.
             417          Section 7. Section 17A-2-718 is amended to read:
             418           17A-2-718. Trustees to determine amounts required for current years --
             419      Establishment of sinking funds and reserve funds -- Certification of amounts.
             420          The board of trustees shall, on or before July 1st of each year, determine the amount of
             421      money required for the current year[,] to pay interest on and all maturing installments of principal
             422      of any bonds, and warrants, and all payments due or to become due to the United States under any
             423      contract between the district and the United States accompanying which bonds of the district have
             424      not been deposited with the United States as in Section 17A-2-711 , and all operation and
             425      maintenance or rental payments to be made by the district to the United States under the provisions
             426      of any such contract between the United States and the district, and all water payments and all
             427      operation and maintenance or rental payments to be made by the district to other entities under the
             428      provisions of any contract between the district and other entities, and meet the cost of any
             429      construction or reconstruction proposed to be covered by [annual assessments] use charges, and
             430      all maintenance, operating and current expenses, including the payment of assessments upon stock



Text Box

- 15 -
             431
     of irrigation, canal, or reservoir companies owned by the district, and the amount necessary to meet
             432      the obligations of local improvement districts, and establish, keep, and maintain sinking funds
             433      sufficient to assure the prompt payment of principal of and interest on the bonds as principal and
             434      interest fall due, and reserve funds at the level required by any contract between the district and
             435      the United States, and other entities; and establish, keep and maintain adequate reserve funds for
             436      depreciation, repairs, extensions and improvements to the works necessary to assure adequate and
             437      efficient service, as determined by the board, and certify to the county legislative body of the
             438      county in which the office of the district is located, those amounts together with such additional
             439      amount as may be necessary to meet any deficiencies theretofore incurred, and if so provided in
             440      case of contract with the United States a further amount to cover any deficit in payments due the
             441      United States thereunder which may have resulted from delinquent [assessments] use charges for
             442      any preceding year.
             443          Section 8. Section 17A-2-719.5 is enacted to read:
             444          17A-2-719.5. Use charges -- Duty of county assessors.
             445          (1) The board of trustees of the district may impose use charges upon the customers or
             446      lands served by the district. The use charges may be based upon the amount of water or electricity
             447      received from the district, the area of the land served, or any other reasonable basis determined by
             448      the board of trustees. In determining the use charges to be imposed, the board of trustees may
             449      consider the cost of maintaining and operating the district, the cost of acquiring, purchasing,
             450      constructing, improving, or enlarging district facilities, the cost of issuing and paying debt service
             451      on bonds of the district, and the cost of providing for necessary reserves.
             452          (2) If the district imposes use charges based upon the size of the land served, the district
             453      shall notify the county assessor of the charge to be imposed per unit of land or portion thereof
             454      served by the district. The county assessor of each county embracing the whole or a part of any
             455      irrigation district shall, after determining the size of each parcel of property served by the district,
             456      calculate the use charges.
             457          (3) The board of trustees of the district may divide the district into units and apply different
             458      use charges to the various units.
             459          (4) The use charges imposed under this section may not be calculated on the basis of the
             460      value of property and do not constitute ad valorem property taxes or other taxes.
             461          Section 9. Section 17A-2-721 is amended to read:



Text Box

- 16 -
             462
          17A-2-721. Duties of county treasurer -- Liability -- Accounts to be kept and methods
             463      of payments -- Deposit of funds.
             464          (1) The county treasurer of each county in which any irrigation district is located shall be
             465      liable upon the treasurer's official bond and to indictment and criminal prosecution for
             466      malfeasance, or failure to perform any duty as county treasurer as provided by law in other cases
             467      as county treasurer. [The]
             468          (2) If the district imposes use charges based upon the size of land served pursuant to
             469      Subsection 17A-2-719.5 (1), the treasurer shall collect, receive, and receipt for all moneys
             470      belonging to the district arising through [taxation] use charges.
             471          (3) The county treasurer of each county in which any irrigation district is located shall, in
             472      whole or in part, furnish each landowner under the district within the county with the valuation
             473      notice for general taxes, and a separate notice of [the taxable value for district taxes] use charges,
             474      and of the day fixed by the board of equalization for hearing complaints, and collect and receipt
             475      for all [taxes levied] use charges, but payment of district [taxes] use charges may be received and
             476      receipted for separately from taxes upon real estate for county purposes. [The county treasurer
             477      shall receive in payment of the general fund tax for the year in which the taxes are levied, warrants
             478      drawn against the general fund the same as so much lawful money of the United States, if the
             479      warrant does not exceed the amount of the general fund tax which the person tendering it owes.
             480      The county treasurer shall receive in payment of the district bond fund taxes for the year in which
             481      the taxes were levied, interest coupons or bonds of the irrigation district maturing within the year
             482      the same as so much lawful money of the United States, if the interest coupons or bonds do not
             483      exceed the amount of district bond fund tax which the person tendering them owes. Except in case
             484      of contract obligation due to the United States as provided in Section 17A-2-717 , any landowner
             485      may tender, and the county treasurer shall receive, money, bonds, or coupons of the district
             486      equaling the landowner's proportion of the total issue of bonds of the district, with interest to
             487      maturity, based on the proportion of the landowner's water allotment to the total final water
             488      allotment of the district, and taxes for payment of the bonds or interest on the bonds of the district
             489      may not subsequently be levied against the landowner.]
             490          (4) The county treasurer of each county comprising a portion of the irrigation district shall,
             491      on the first Monday of each month, remit to the district all [moneys, warrants, coupons, or bonds]
             492      monies previously collected or received on account of the district. The funds so remitted shall be



Text Box

- 17 -
             493
     deposited to the credit of the district by the [secretary] treasurer of the district. [The secretary of
             494      the district shall serve also as treasurer of the district, unless a treasurer is otherwise provided by
             495      the board. The district shall keep a bond fund account, United States contract fund account, local
             496      improvement fund accounts, reserve fund account and a general fund account. The bond fund
             497      account shall consist of all moneys received on account of interest and principal of bonds issued
             498      by the district, the accounts for interest and principal shall be kept separate, and the United States
             499      contract fund account shall consist of all moneys received on account of any and all payments due
             500      or to become due the United States accompanying which bonds of the district have not been
             501      deposited with the United States as provided in Section 17A-2-711 . The local improvement fund
             502      accounts shall consist of moneys received on account of local improvements of local improvement
             503      district or districts respectively. The reserve fund account shall consist of funds required
             504      contractually to be kept and maintained and for depreciation, repairs, extensions, and
             505      improvements as determined by the board. The general fund shall consist of all other moneys or
             506      general fund warrants received by the collection of taxes or otherwise. The district shall pay out
             507      of the bond fund, when due, the interest and principal of the bonds of the district, at the time and
             508      place specified in the bonds, and shall pay out of the United States contract under any fund when
             509      due all payments due to the United States under any contract between the district and the United
             510      States accompanying which bonds of the district have not been deposited with the United States
             511      as provided in Section 17A-2-711 , and shall pay out of the local improvement fund accounts
             512      respectively, all obligations of local improvement districts as they become due, and shall pay out
             513      of the reserve fund those amounts contractually to be paid from it and repairs, extensions, and
             514      improvement charges for which the reserve funds were provided.]
             515          [In cases where bonds have been deposited with the United States as provided in this part,
             516      the moneys to be paid to the United States for rentals or operation and maintenance charges, if not
             517      secured by bonds, shall be paid out of the general fund account along with all other construction,
             518      operation, and maintenance charges of the district for which no reserve funds exist. The district
             519      shall pay out of the general fund only upon the order of the board of trustees of the district, signed
             520      by the chair or other trustee authorized by the board and countersigned by the secretary of the
             521      district. All district taxes collected and paid to county treasurers as provided shall be received by
             522      the treasurers in their official capacity, and they shall be responsible for the safekeeping and
             523      remittance of the taxes to the district the same as for other moneys collected by them as treasurers.



Text Box

- 18 -
             524
     County treasurers shall receive as sole compensation for the collection of the taxes the amount
             525      allowed by the board of trustees, which is in addition to the regular salary of the county treasurers
             526      as provided by law. The district may deposit the district funds with any bank or trust company.]
             527          Section 10. Section 17A-2-722 is amended to read:
             528           17A-2-722. Lien for unpaid use charges -- Sale of land for delinquent use charges
             529      --Redemption period.
             530          [The revenue laws of this state for the assessment, levying and collecting of taxes on real
             531      estate for county purposes, except as herein modified, shall be applicable for the purposes of this
             532      part, including the enforcement of penalties and forfeiture for delinquent taxes; provided that lands
             533      sold for delinquent district taxes shall be sold separately for such tax; and provided further, that
             534      at any time after the sale shall have]
             535          Any unpaid and delinquent use charges will be certified by the secretary of the district to
             536      the treasurer or assessor of the county in which the delinquent premises are located. The amount
             537      of the delinquent use charges, together with interest and penalties, will immediately upon the
             538      certification become a lien on the delinquent premises on a parity with and collectible at the same
             539      time and in the same manner as general county taxes are a lien on the premises and are collectible.
             540      All methods of enforcement available for the collection of general county taxes, including sale of
             541      the delinquent premises, are available and may be used in the collection of the delinquent use
             542      charges. At any time after the sale of property resulting from delinquent use charges has closed
             543      and before the time for redemption has expired, the county treasurer is authorized and required to
             544      sell and assign the interest of the county in any of the real estate sold to the county for delinquency
             545      of district [taxes] use charges to the district itself, or to any person or corporation holding a
             546      recorded mortgage or other lien against such real estate, or to any holder of bonds issued by such
             547      district, or to any person who will pay the [taxes] use charges, interest, penalty, and costs[; and
             548      provided further, that the]. The period of redemption from sale for [taxes] delinquent use charges
             549      under this part shall be two years. In all respects, [an] the irrigation [or water conservation] district
             550      shall be the beneficiary of [taxes assessed and levied] use charges imposed by it, provided,
             551      however, that the county treasurer [shall] may retain costs and expenses provided by law for the
             552      advertisement, sale, and redemption of [irrigation or water conservation district taxes. All taxes
             553      levied by an irrigation district under the provisions of this part, or any act supplemental or
             554      amendatory thereof, shall constitute a first lien on the property assessed, which lien shall remain



Text Box

- 19 -
             555
     in force until the taxes are paid] use charges.
             556          Section 11. Section 17A-2-723 is amended to read:
             557           17A-2-723. Construction -- Notice -- Awarding contracts -- Contractor's bonds.
             558          (1) As used in this section, the word "sealed" does not preclude acceptance of
             559      electronically sealed and submitted bids or proposals in addition to bids or proposals manually
             560      sealed and submitted.
             561          (2) After adopting a plan for the construction of [canals, reservoirs, and works] facilities,
             562      the board of trustees shall give notice thereof by publication in the county in which the principal
             563      office of the district is located at least once not less than ten days prior to the expiration of the
             564      period in which bids shall be received, and the other notice as they consider advisable calling for
             565      bids for the furnishing of material or construction of the work or any portion thereof.
             566          (3) If less than the whole work is advertised, then the portion so advertised must be
             567      particularly described in the notice; the notice shall set forth that plans and specifications, or
             568      specifications alone where there are no plans, may be seen at the office of the board, and that the
             569      board will receive sealed proposals therefor, and that the contract will be let to the lowest
             570      responsible bidder, stating the time and the place for opening the proposal which at that time and
             571      place shall be opened in public, and as soon as convenient thereafter the board shall let the work,
             572      either in portions or as a whole, or award and order for materials, to the lowest responsible bidder,
             573      or it may reject any or all bids, and thereupon readvertise for proposals, or proceed to construct the
             574      work under its own superintendence.
             575          (4) Contracts for the purchase of material shall be awarded to the lowest responsible bidder
             576      unless all bids are rejected or the board determines to readvertise for bids.
             577          (5) The person or persons to whom a contract may be awarded shall enter into a bond, with
             578      good and sufficient sureties, to be approved by the board, payable to the district for not less than
             579      25% of the amount of the contract price and conditioned for the faithful performance of the
             580      contract, but no such bond need be required by the board where materials are contracted for the
             581      bond requirement.
             582          (6) The work shall be done under the direction and to the satisfaction of the engineer in
             583      charge, and be approved by the board, and shall be paid for out of the general fund account;
             584      provided, that the provisions of this section shall not apply in the case of any contract between the
             585      district and the United States.



Text Box

- 20 -
             586
         (7) Nothing herein contained shall be construed to prohibit the district from purchasing
             587      material or doing any work required by it without advertising for bids and without the letting of
             588      a contract where the estimated cost of the work or the material does not exceed $30,000 or in cases
             589      of emergencies the board of trustees may let contracts for the work required in the emergency
             590      without advertising for bids or may cause the work to be done by the district itself.
             591          Section 12. Section 17A-2-724 is amended to read:
             592           17A-2-724. Claims -- Manner of payment -- Registry of warrants -- Emergency loans.
             593          No claims shall be paid by the district until the same shall have been allowed by the board,
             594      and then only upon warrants signed by the chair, or other trustee authorized by the board, and
             595      countersigned by the secretary, which warrants shall state the date authorized by the board and for
             596      what purpose; and if the district has not sufficient money on hand to pay such warrant when it is
             597      presented for payment, the secretary or treasurer of the district shall endorse thereon "Not paid for
             598      want of funds; this warrant draws interest from date of presentation at 6% per annum," and endorse
             599      thereon the date when so presented, over the secretary or treasurer's signature, and from the time
             600      of such presentation until paid such warrant shall draw interest at the rate of 6% per annum;
             601      provided, when there is more than the sum of $100 in the hands of the district it shall be applied
             602      upon the warrant. All claims against the district shall be verified as required in the case of claims
             603      filed against counties in this state, and the secretary of the district is hereby authorized and
             604      empowered to administer oaths to the parties verifying the claims, as the county clerk or a notary
             605      public might do. The district shall keep a register in which shall be entered each warrant, to whom
             606      payable, the date of the presentation for payment, the date of payment, and the amount paid in
             607      redemption thereof, and all warrants shall be paid in the order of their presentation for payment
             608      to the district. All warrants shall be drawn payable to the claimant or bearer in the same manner
             609      as county warrants. The district is also authorized to pay claims against the district by checks
             610      signed by the chair, or other trustee authorized by the board, and countersigned by the [secretary]
             611      treasurer. To meet necessary expenses in anticipation of the collection of [taxes] use charges, the
             612      board of trustees may incur indebtedness by borrowing money or otherwise, not exceeding the
             613      [taxes] use charges for the current year, and as evidence of such indebtedness may issue negotiable
             614      notes of the district, payable in not more than one year from date thereof. In case of a break in the
             615      reservoir or canal or other disaster, the board of trustees is authorized to borrow money and make
             616      the necessary repairs.



Text Box

- 21 -
             617
         Section 13. Section 17A-2-726 is amended to read:
             618           17A-2-726. Compensation of officials -- Prohibitions -- Penalties.
             619          The salary of the secretary, manager, engineer, and other officers and employees shall be
             620      fixed by the board of trustees. No director or any officer named in this part shall, in any manner
             621      be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in
             622      the profits to be derived therefrom; nor shall receive any bonds, gratuity, or bribe, and for any
             623      violation of this provision, such officer shall be considered guilty of a felony, and upon conviction
             624      therefor he shall forfeit office, and be punished by a fine not exceeding $5,000, or by imprisonment
             625      in the penitentiary for a term of not less than one or more than five years. The violation of this
             626      provision will not cause any bonds held by third persons or contracts with third persons related to
             627      bonds to be invalid or unenforceable.
             628          Section 14. Section 17A-2-754 is amended to read:
             629           17A-2-754. Transfer of water rights -- Notice to landowners.
             630          The board of trustees of any irrigation district[, with the consent of the bondholders and
             631      other creditors,] may sell, transfer, and convey the water rights and all or any other property
             632      belonging to the district to any irrigation company; provided, however, that no such sale, transfer,
             633      or conveyance shall be made in violation of any agreement with the bondholders or other creditors
             634      and until notice of the intention of the board to make the same [shall have] has been published, as
             635      in Subsection 17A-2-751 (2), and mailed to each landowner in the district at his last known address
             636      at least 30 days prior to the expiration of the time fixed for protest, and provided further that no
             637      such sale, transfer, or conveyance shall be made if within 30 days from the last publication of such
             638      notice the owners of 1/3 of the acre-feet of water allotted in the district file with the board their
             639      written protest against such sale, transfer, or conveyance.
             640          Section 15. Section 17A-2-755 is amended to read:
             641           17A-2-755. Districts declared bodies corporate -- Tax exemption of bonds and
             642      securities except corporate franchise tax.
             643          (1) Irrigation districts organized under this part and all irrigation districts heretofore
             644      organized under the laws of this state are hereby declared to be bodies corporate and politic, and
             645      the bonds and other securities of such corporations are exempt from taxation within this state,
             646      except for the corporate franchise tax.
             647          (2) No district created under this part is a municipal corporation within the meaning of



Text Box

- 22 -
             648
     Article XIV, Section 4, Utah Constitution, or a political subdivision of any county or municipality.
             649          Section 16. Section 17A-2-756 is amended to read:
             650           17A-2-756. Inclusion of state lands.
             651          (1) Lands belonging to the state not under contract of sale may be included in any
             652      irrigation district upon petition by the state entity responsible for the administration of the affected
             653      lands for the inclusion of those lands.
             654          (2) No such state lands included within any legally organized irrigation district [shall] may
             655      ever be assessed, nor [shall] do any of the [preceding sections] provisions relative to the levying
             656      and collection of assessments [and taxes] in this part apply.
             657          (3) The entity responsible for the administration of the affected lands and the state engineer
             658      shall make a thorough examination as to the benefits to accrue to these lands by reason of the
             659      inclusion of the lands in the irrigation district, and by reason of the acquiring of water rights for
             660      the lands.
             661          (4) (a) The entity responsible for the administration of the affected lands may enter into
             662      contract with the board of trustees of the irrigation district, specifying by legal subdivisions the
             663      land benefitted and the amount of benefit to accrue to each tract of land.
             664          (b) The contract shall provide that annual payments shall be made to the district, to be
             665      applied on the cost of constructing the irrigation works for the district, until the full amount of the
             666      benefit is paid.
             667          (c) The entity responsible for the administration of the affected lands has the option to pay
             668      the full amount of the contract at any time, upon any or all of the legal subdivisions.
             669          Section 17. Section 17A-2-761 is amended to read:
             670           17A-2-761. Validation of the creation and organization of irrigation districts and of
             671      district elections.
             672          All proceedings that have been adopted and actions taken before [March 16, 1987] January
             673      1, 2002, under authority of this part, purporting to create any irrigation district or purporting to
             674      provide for the inclusion of any additional area in any irrigation district, including all petitions
             675      filed and all notices given, published, and mailed in connection with any such creation and any
             676      inclusion, are validated, ratified, and confirmed, notwithstanding any failure to comply with any
             677      one or more pertinent statutory provisions, and each irrigation district so created or enlarged is
             678      declared to be a validly created and existing district. All proceedings and actions taken with



Text Box

- 23 -
             679
     respect to the appointment, election, and organization of a board of trustees and officers for each
             680      irrigation district are validated, ratified, and confirmed and each board of trustees is declared to
             681      be the de facto and de jure governing body of its respective irrigation district.
             682          Section 18. Repealer.
             683          This act repeals:
             684          Section 17A-2-701, Certain exemptions -- Entrymen.
             685          Section 17A-2-714, Judicial notice -- Presumptions as to organization.
             686          Section 17A-2-715, Issuance of bonds -- Special election -- Contract with the United
             687      States -- Additional bonding -- Validation of previous issues.
             688          Section 17A-2-716, Sale of bonds -- Use of funds.
             689          Section 17A-2-717, Assessments upon real property -- Payment of bonds.
             690          Section 17A-2-719, Duty of county assessors -- Basis of valuation -- Uniformity --
             691      Returns -- Apportionment in case of contracts with United States.
             692          Section 17A-2-720, Fixing tax levy -- Covering delinquencies -- All taxes special.
             693          Section 17A-2-725, Tolls, charges, assessments.
             694          Section 17A-2-727, Debt limit -- Interest on warrants.
             695          Section 17A-2-768, Effect of repeals construed -- Procedure against defaulting
             696      members.





Legislative Review Note
    as of 11-14-01 2:09 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Political Subdivisions Interim Committee recommended this bill.


[Bill Documents][Bills Directory]