48-2994. Conveyance or transfer to United States of irrigable lands within district included within federal reclamation project; election; terms of transfer
427 words·~2 min read·
/az/title-48/48-2994A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. When irrigable lands within an irrigation district have been included within any federal reclamation project, or subdivision thereof, authorized for construction under the federal reclamation laws, and the appropriate authority of the United States government certifies that funds are available for commencing the construction of works in connection with the reclamation project, or subdivision thereof, the board of directors of the irrigation district may convey, transfer and assign to the United States, such lands, interests in lands and other property of the district, including electric power lines and other facilities, as the secretary of the interior deems appropriate for the protection, development or improvement of the reclamation project.
B. The power of conveyance accorded by this section shall not be exercised unless the conveyance has first been approved by a majority of the votes cast at a special election held in the district for the purpose of submitting the question of conveyance to the qualified electors of the district. The election shall be called by the board of directors of the district, and notice thereof shall be given by posting notices in three public places in each division of the district for at least twenty days prior to the date of the election and by publication of notice in a newspaper of general circulation published in the county in which the office of the board of directors is located, once a week for at least two successive weeks prior to the election.
The notice shall specify the time and place of holding the election, and shall contain a general description of the character of the proposed property to be conveyed, transferred and assigned and a general statement of the reasons therefor. At the election the ballot shall contain the words "Shall the proposed conveyance, transfer and assignment of the district property to the United States be made?" "yes", "no", or other words equivalent thereto. The election shall be conducted and canvassed in all respects as nearly as practicable in conformity with the provisions of law covering the election of the governing body of the district.
No informalities in conducting the election shall invalidate it if the election has been otherwise fairly conducted.
C. If at the election the proposed conveyance, transfer and assignment is approved by a majority of the electors voting, the board of directors may convey, transfer and assign all or any part of the property referred to in the notice of election upon such terms and conditions as the board of directors in their discretion deem for the best interests of the district.