85-7-1802. (Temporary) Elimination of land from district. (1) Whenever land has been included within the boundaries of an established and organized irrigation district, which from its location or conformation cannot be successfully irrigated by the irrigation works or system already constructed or proposed to be constructed or the cost of irrigating the land will become burdensome upon the landowners of the district, a majority of the holders of title or evidence of title to the land included in the district (such holders of title or evidence of title also representing a majority in acreage of that land) may in conformance with 85-7-1803 through 85-7-1807 petition the district court of the county in which the land of the district or the greater portion of that land is situated for an order or decree changing the boundaries of the district by eliminating that land from the district.
     (2) Whenever a tract of record is located within an irrigation district that is partially within or adjacent to a first-class city that had a population greater than 40,000 and less than 55,000 as shown by the 1990 census, is 3 acres or smaller in size, is located within 5 miles of the exterior boundary of an incorporated city, and is not served by any district canal, system, facility, or other undertaking, the owner of the tract may petition to eliminate the tract from a district pursuant to 85-7-1846. (Terminates December 31, 1998--sec. 5, Ch. 306, L. 1997.)

     85-7-1802. (Effective January 1, 1999) Elimination of lands from district. Whenever lands have been included within the boundaries of an established and organized irrigation district, which from their location or conformation cannot be successfully irrigated by the irrigation works or system already constructed or proposed to be constructed or the cost of irrigating the same will become burdensome upon the landowners of the district, a majority in number of the holders of title or evidence of title to the land included in such district (such holders of title or evidence of title also representing a majority in acreage of said lands) may petition the district court of the county in which the lands of the district or the greater portion thereof are situated for an order or decree changing the boundaries of the district by the elimination therefrom of such lands.

     History: En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part); amd. Sec. 3, Ch. 306, L. 1997.