42-704. Permit by chief engineer; articles of incorporation; filing fee; nature of corporation.
42-704
42-704. Permit by chief engineer; articles of incorporation; filingfee; nature of corporation.If upon consideration of the application the chief engineer finds anddetermines that the proposed project is practical, feasible andeconomically sound and that said applicant is entitled to a permit foruse of water sought, the engineer shall issue to said applicanta permit approvingthe proposed organization, incorporation and establishment of theproposed irrigation district, and prescribing the authority andlimitations of said proposed district to acquire for beneficial use thewaters from the source or sources requested.
Upon approval of application for the creation of proposed irrigationdistrict by the chief engineer and upon obtaining approval ofapplication for permit to acquire use of water sought, and afterexpiration of period within which appeals may be perfected and afterfinal determination of all appeals taken, said applicants may present tothe secretary of state its articles of incorporation, together withtranscript of proceedings before the chief engineer and upon payment offifty dollars ($50), shall be eligibleto incorporate as a quasimunicipal corporation in same manner as is now provided forincorporation of nonprofit private corporations under the corporationcode of this state. The proposed articles ofincorporation shall be attached to application for approval of creationof proposed district, when filed with chief engineer, and need not besubsequently signed by incorporators, before filing with secretary ofstate. The articles of incorporation shallcontain the legal description of the lands included in the district anda certified copy of the same shall be recorded in the office of theregister of deeds of each county in which any of the lands so describedare located.
History: L. 1941, ch. 262, § 4; L. 1977, ch. 78, § 5; July 1.